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TABLE OF CONTENTS CHAPTER I GENERAL RULES CHAPTER II ADMINISTRATION OF DOMAIN NAMES CHAPTER III ADMINISTRATION OF THE SERVICE AGENCIES OF DOMAIN NAME REGISTRATION CHAPTER IV DOMAIN NAME REGISTRATION CHAPTER V DOMAIN NAME DISPUTES CHAPTER VI RULES FOR PUNISHMENT CHAPTER VII SUPPLEMENTARY RULES CHAPTER I GENERAL RULES Article 1. In order to promote the development of China's Internet network, to ensure the safe and reliable function of the system of Internet domain name of China, and to regulate the administration of that system, these Measures have been formulated in accordance with the relevant provisions of the state and by referring to the international principles for the administration of Internet domain names. Article 2. Whoever engages in domain name registration services and the relevant activities within the People's Republic of China shall observe these Measures. Article 3. The meanings of the following terms used in these Measures are: (1) Domain name: means the leveled character mark which identifies and locates a computer on the Internet, and which corresponds to the Internet protocol (IP) address of that computer. (2) Chinese domain name: means the domain name that contains Chinese characters. (3) Domain name root server: means the server that assumes the function of root node in the domain name system. (4) Operating agency of domain name root server: means the agency that operates, maintains and manages the domain name root server. (5) Top level domain name: means the name of the first level domain under the root node in the domain name system. (6) Administrative agency of domain name registration: means the administrative agency which is responsible for operating, maintaining and administrating one or more top level domain names, and administrating the registration services of domain names of various levels under those top level domain names. (7) Service agency of domain name registration: means the service agency that accepts and examines the applications for domain name registration and completes the registration in the domain name databases. Article 4. No organization or individual may, by whatever means, hamper the normal operation of the Internet domain name system within China. CHAPTER II ADMINISTRATION OF DOMAIN NAMES Article 5. The Ministry of Information Industry shall be responsible for the administration of Internet domain name of China, its main duties include: (1) Formulating rules and policies on the administration of Internet domain names of China; (2) Formulating the system of national (or regional) top level domain name CN and Chinese domain name; (3) Administrating the administrative agencies of domain name registration of national (or regional) top level domain name CN and Chinese domain name; (4) Administrating the operating agencies of domain name root server which set up and operate domain name root servers within the People's Republic of China; (5) Supervising and administrating domain name registration services; and (6) Being responsible for the international coordination related to domain names. Article 6. The Internet domain name system of China shall be promulgated by the Ministry of Information Industry by the form of announcement. According to the actual situations of the development of domain names, the Ministry of Information Industry may make partial adjustments in the Internet domain name system and promulgate it anew. Article 7. Chinese domain names are an important part of China's domain name system. The Ministry of Information Industry shall encourage and support the technical research and gradual spreading and application of Chinese domain name system. Article 8. Domain names are administrated in a level-by-level manner. The administrative agencies of domain name registration and the domain name holders at various levels shall, according to the requirements of these Measures and the relevant provisions, be responsible for the administration and service of the registration of domain names at the next lower level. Article 9. The administrative agencies of domain name registration shall be responsible for operating and administrating the corresponding domain name systems, maintaining the domain name databases, and authorizing the service agencies of domain name registration to provide domain name registration services. Its main duties include: (1) Operating, maintaining and administrating the corresponding top level domain name servers and databases, and guaranteeing the safe and reliable operation of the domain name systems; (2) Formulating the relevant provisions on domain name registration according to these Measures; (3) Selecting the service agencies of domain name registration based on the principle of nondiscrimination; and (4) Supervising and administrating the domain name registration services provided by the service agencies of domain name registration. Article 10. The setting-up of domain name root servers and the establishment of administrative agencies of domain name registration and domain name root servers within the People's Republic of China must be authorized by the Ministry of Information Industry. CHAPTER III ADMINISTRATION OF THE SERVICE AGENCIES OF DOMAIN NAME REGISTRATION Article 11. The establishment of service agencies of domain name registration within the People's Republic of China must be reported to the Ministry of Information Industry for record. Without reporting for record, no organization or individual may engage in domain name registration services. Article 12. To engage in domain name registration services, one shall meet the following conditions: (1) Being a business corporation or non-profit corporation established according to law; (2) Having the fund and special personnel fit for domain name registration services; (3) Having the prestige or capacity to provide long term services to the users; (4) Having a business development plan and a supporting technical scheme; (5) Having sound measures for Internet and information security; and (6) Other conditions provided for by the Ministry of Information Industry. Article 13. To engage in domain name registration services, one shall go through the procedures for reporting for record with the Ministry of Information Industry, and shall submit the following materials when doing so: (1) Legal person qualification certificate; (2) Domain name projects of registration service to be provided; (3) Cooperation agreements signed with the relevant administrative agencies of domain name registration; (4) Models of user service agreements; (5) Business development plan and supporting technical scheme; and (6) Certification of the technical measures for Internet and information security. Article 14. Where the name, address, legal representative or other registered information of a service agency of domain name registration is altered or the cooperation between the service agency and the administrative agency of domain name registration, which supervises it, is altered or terminated, the service agency shall report to the Ministry for record within 30 days from the day of alteration or termination. CHAPTER IV DOMAIN NAME REGISTRATION Article 15. An administrative agency of domain name registration shall, according to these Measures, formulate its detailed rules for implementation of domain name registration, and report to the Ministry of Information Industry before putting them into practice. Article 16. Domain name registration services shall be based on the principle of "apply first and register first". Article 17. When expanding the scope of domain name registration services, an administrative agency of domain name registration may prescribe the period for advance registration to give necessary protection to some reserved characters, and shall provide search services on its website. Except the provisions of the preceding paragraph, no administrative agency or service agency of domain name registration may reserve domain names or do so in a disguised form. An administrative agency or service agency of domain name registration may not represent any actual or potential domain name holders when providing domain name services. Article 18. An administrative agency or service agency of domain name registration shall promulgate the content, time limit and cost of domain name registration services, provide public search services of domain name registration information, and guarantee the quality of domain name registration services. Article 19. A domain name registered and used by any organization or individual may not contain any of the following contents: (1) Those against the fundamental principles set forth by the Constitution; (2) Those harming the state security, divulging the state secrets, undermining the state power and disrupting the state unification; (3) Those damaging the honor and interests of the state; (4) Those inciting hatred or discrimination of nationalities and disrupting the unification of the nationalities; (5) Those disrupting the religious policies of the state and advocating evil cults and superstitions; (6) Those spreading rumors, harassing the social order and disrupting the social stability; (7) Those spreading obscenity, pornography, gambling, violence, murder, terror or soliciting crimes; (8) Those insulting or defaming others and impairing the legal rights and interests of others; or (9) Those containing other contents prohibited by laws and regulations. Article 20. An applicant for domain name registration shall abide by the laws, regulations and rules of the state governing Internet network, abide by the relevant provisions on domain name registration formulated by the administrative agencies of domain name registration, and submit true, accurate and complete information for domain name registration. Article 21. One registering a domain name shall pay the fees for the operation and administration of domain names on time. An administrative agency of domain name registration shall formulate the specific measures for charging the fees for operating and administrating domain names and submit those measures to the Ministry of Information Industry for approval. Article 22. After the registration of a domain name is completed, the applicant shall become the holder of that registered domain name. If the legal rights and interests of others are impaired due to the holding or use of a domain name, the liabilities arising shall be borne by the domain name holder. Article 23. If the registered information of a domain name is altered, the domain name holder shall, within 30 days from the day of alteration, apply to the service agency of domain name registration for altering the registered information. Article 24. A domain name holder may choose and alter the service agency of domain name registration. If the domain name holder alters the service agency, the original service agency shall assume the obligation to transfer the registered information of the domain name holder. Article 25. If a registered domain name is under any of the following circumstances, the original service agency of domain name registration shall write off it and notify the domain name holder in written form: (1) The domain name holder or its deputy applies for writing off the domain name; (2) The information submitted by the domain name holder for registration is untrue, inaccurate or incomplete; (3) The domain name holder fails to pay the corresponding fees according to the provisions; (4) The domain name shall be written off in accordance with the judgment rendered by a people's court, arbitration body or domain name dispute resolution body; or (5) Violation of these Measures or the relevant laws and regulations. CHAPTER V DOMAIN NAME DISPUTES Article 26. An administrative agency of domain name registration may designate a neutral domain name dispute resolution body to resolute a domain name dispute. Article 27. Where anyone files a complaint against a registered or used domain name to the domain name dispute resolution body, and the conditions provided for by the measures for domain name dispute resolution are all met, the holder of that domain name shall participate in the proceedings of domain name dispute resolution. Article 28. The ruling rendered by a domain name dispute resolution body shall merely deals with the alteration of the domain name holder's information. If the ruling rendered by a domain name dispute resolution body conflicts with the effective judgment of a people's court or arbitration body, the former shall be subject to the latter. Article 29. When a domain name dispute is being handled by a people's court, arbitration body or domain name dispute resolution body, the domain name holder may not assign the disputable domain name to an assignee, unless the assignee agrees in written form to be bound by the ruling of the people's court, arbitration body or domain name dispute resolution body. CHAPTER VI RULES FOR PUNISHMENT Article 30. If anyone, in violation of Articles 4, 10, 11, and 14 of these Measures, hampers the normal operation of the Internet domain name system within China, sets up domain name root servers without approval, establishes operating agencies of domain name root server without approval, engages in domain name registration services without reporting for record or provides domain name registration services beyond the projects put on record, the Ministry of Information Industry shall order it to correct the acts within a prescribed period, and, regarding the seriousness of the circumstances, give it a warning or impose on it a fine of 30,000 Yuan or less. Article 31. If anyone violates Article 17 or 18 of these Measures, the Ministry of Information Industry shall order it to correct its acts, and, regarding the seriousness of the circumstances, give it a warning or impose on it a fine of 30,000 Yuan or less. Article 32. If anyone violates Article 19 of these Measures and constitutes a crime, the criminal responsibilities shall be investigated for. If a crime hasn't been constituted, the relevant organs of the state shall punish it according to the relevant laws and regulations. CHAPTER VII SUPPLEMENTARY RULES Article 33. The service agencies of domain name registration that have carried out Internet domain name services before the implementation of these Measures shall, within 60 days from the day on which these Measures come into force, go through the procedures for reporting for record according to these Measures. Article 34. These Measures shall come into force on September 30, 2002. If any provisions on the administration of Internet domain names promulgated previously conflicts with these Measures, the latter shall prevail. |
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