China
Internet Domain Name Regulations
TABLE OF CONTENTS
Chapter I General Provisions
Chapter II Administration of Domain Names
Chapter III Administration of Registrars
Chapter IV Domain Name Registration
Chapter V Domain Name Disputes
Chapter VI Penalty Provisions
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 China Internet Domain Name Regulations
(hereafter the Regulations) are formulated in accordance with the
relevant provisions of the state and with reference to the international
rules for the administration of Internet domain names, with a view
to promoting the development of the Internet in China, safeguarding
the secure and reliable operation of China Internet Domain Names System
and regulating the administration of China Internet domain names System.
Article 2 The Regulations shall be observed
in the registration of domain names and in the activities with relation
thereto within the territory of the People's Republic of China.
Article 3 The definitions of the following
terms mentioned in the Regulations are as follows:
(1) Domain name refers to the character identification of hierarchical
structure that identifies and locates a computer on the Internet
and corresponds to the IP address of this computer.
(2) Chinese domain name refers to the domain name that contains
Chinese characters.
(3) Domain name root server refers to the server that bear the
function of root nodes in the domain name system.
(4) Institution for operating domain name root server refers to
the institution that is responsible for operating, maintaining and
administering the domain name root servers.
(5) Top-level domain (TLD) refers to the name of the first level
domain under the root node in the domain name system.
(6) Registry refers to the administration institution that is responsible
for operating, maintaining and managing one or more top-level domain
names and administering the registration of domain names under this
top-level domain name.
(7) Registrar refers to the service institution that accepts and
audits the application for the domain name registration, and completes
the registration process in the domain name database.
Article 4 Any organization or individual
shall not take any action to hamper the normal operation of Internet
Domain Names System in China.
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Chapter II Administration of Domain Names
Article 5 The Ministry of Information
Industry is responsible for the administration of the Internet domain
names in China, Its major functions and responsibility are as follows:
(1) Formulating the regulations and policies concerning the administration
of the Internet domain names;
(2) Establishing the system for Country £¨or Regional£©Code Top Level
Domain (ccTLD) under .CN and Chinese domain names;
(3) Administering the registry of .CN ccTLD and the Chinese domain
names;
(4) Administering the operational institution of domain name root
servers, which sets up and operates the domain names root servers
within the territory of the People' Republic of China;
(5) Supervising and administering the service of domain name registration;
(6) Be in charge of the international coordination regarding to
domain names.
Article 6 China Internet domain names
system shall be promulgated by the Ministry of Information Industry
in form of proclamation. The Ministry of Information Industry may
adjust the Internet domain name system partially and re-promulgate
it according to the actual development of domain names.
Article 7 Chinese domain name is an
integral part of the Domain Names System of China. The Ministry
of Information Industry shall encourage and support the technical
research, gradual spreading and application of Chinese Domain Names.
Article 8 The administration of domain
names shall be conducted level-by-level. The domain name registry
and holders of each level domain names shall be responsible for
the administration of registration of lower level domain names and
the related service according to the requirements of the Regulations
and other relevant provisions.
Article 9 The domain name registry is
responsible for operating and administering the corresponding domain
name system, maintaining the domain name database and authorizing
the registrars to provide the domain name registration services.
Its main functions and responsibility include:
(1) Operating, maintaining and administering the corresponding
top-level domain name servers and database and ensure the secure
and reliable operation of the domain name system;
(2) Formulating the rules concerning the domain name registration
in accordance with the Regulations;
(3) Selecting domain name registrars based on the principle of
non-discrimination; and
(4) Supervising and administering the registration service provided
by domain name registrars.
Article 10 The establishment of domain
names root servers, domain name registrars and domain names root
server operational institutions within the territory of the People's
Republic of China shall be authorized by the Ministry of Information
Industry.
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Chapter III Administration of Registrars
Article 11 The establishment of the domain
name registry within the territory of the People's Republic of China
shall be put on record with the Ministry of Information Industry.
Any organization or individual shall not engage in the service
of the domain name registration without being recorded.
Article 12 Any organization that engages
in the service of the domain name registration shall meet the following
conditions:
(1) It shall be an a legal person established according to the
laws;
(2) It shall have sufficient funds and appropriate professionals
to provide domain name registration services;
(3) It shall have the reputation and ability of providing services
in the long-term;
(4) It shall have the services development plan and the related
technical resolutions;
(5) It shall have perfect measures for safeguarding the security
of the networks and information;
(6) It shall meet other requirements prescribed by the Ministry
of Information Industry.
Article 13 Any organization that engages
in the service of domain name registration shall go through the
recording procedure with the Ministry of Information Industry. When
going through the procedures, it shall submit the following documents:
(1) The legal person certificate;
(2) The categories of domain names that are proposed to be registered;
(3) The cooperation agreement signed with the relevant domain name
registry;
(4) The model clauses of the user service agreement ;
(5) The service development plan and the related technical resolutions
;
(6) The verification of the measures for safeguarding the security
of networks and information.
Article 14 If such registration information
as the name, address or legal representative of the domain name
registrar changes or the cooperative relationship between the registrar
and the registry changes or terminates, domain name registrar shall
record such situation with the Ministry of Information Industry
within 30 days after the change or termination.
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Chapter IV Domain Name Registration
Article 15 The domain name registry shall
formulate in accordance with the Regulations the detailed implementation
rules for the domain name administration and registration that shall
come into force after being reported to the Ministry of Information
Industry for record.
Article 16 The domain name registration
adopts the principle of first come, first serve.
Article 17 When expanding the range
of the domain name registration, the domain name registry may specify
the duration of pre-registration, make necessary reservations for
certain words and provide corresponding search service on its website.
Except for the articles provided in preceding paragraphs, the domain
name registry and registrars shall not reserve domain names or do
so in disguised form. During the process of domain name registration,
the registry and registrars shall not represent any actual or potential
domain name holder.
Article 18 The domain name registry
and registrars shall publish the contents, durations and fees of
domain name registration, provide public search service for the
domain name registration information and ensure the quality of the
domain name registration service.
Article 19 Any of the following contents
shall not be included in any domain name registered and used by
any organization or individual:
1. Those that are against the basic principles prescribed in the
Constitution;
2. Those jeopardize national security, leak state secrets, intend
to overturn the government, or disrupt of state integrity;
3. Those harm national honor and national interests;
4. Those instigate hostility or discrimination between different
nationalities, or disrupt the national solidarity;
5. Those violate the state religion policies or propagate cult
and feudal superstition;
6. Those spread rumors, disturb public order or disrupt social
stability;
7. Those spread pornography, obscenity, gambling, violence, homicide,
terror or instigate crimes;
8. Those insult, libel against others and infringe other people's
legal rights and interests; or
9. Other contents prohibited in laws, rules and administrative
regulations.
Article 20 The applicant for the registration
of a domain name shall comply with the laws, rules and administrative
regulations of the state concerning the Internet, and the relevant
provisions concerning domain name registration formulated by the
registry and submit the authentic, accurate and complete information
of domain name registration.
Article 21 The operation and administration
fee for registered domain names shall be paid on schedule by the
registrant. The domain name registry shall formulate the specific
measures for the fee collection and submit to the Ministry of Information
Industry for approval.
Article 22 The applicant of the domain
name registration becomes the holder of the registered domain name
immediately after the registration of the domain name.
The liability for the infringement of others' legal rights and
interests arising from holding or using a domain name shall be borne
by the holder of the domain name.
Article 23 If the registration information
of a domain name changes, the holder of the domain name shall file
the registration of such change with the domain name registrar within
30 days after such change.
Article 24 The holder of a domain name
may select or change the domain name registrar. If the holder of
a domain name changes the domain name registrar, the original registrar
shall bear the obligation of transferring the registration information
of the domain name holder.
Article 25 If a registered domain name
involves any of the following conditions, the original registrar
shall write it off and notify the holder of the domain name in written
form:
(1) If the domain name holder or its agent/reseller applies for
the cancellation of the domain name;
(2) If the information on the registration of the domain name submitted
by the domain name holder is unauthentic, inaccurate or incomplete;
(3) If the domain name holder fails to pay the corresponding fees
in accordance with the provisions;
(4) If the domain name shall be written off in accordance with
the judgment by the people's court, arbitration institution or the
domain name dispute resolution institution; or
(5) If the domain name is in violation of the provisions of these
provisions and the relevant laws and regulations.
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Chapter V Domain Name Disputes
Article 26 The domain name registry may
designate a neutral institution for resolving domain name disputes
.
Article 27 If any person complains to
the domain name dispute resolution institution concerning a registered
domain name or a domain name in use, which conforms to the requirements
specified in the domain name dispute resolution policy, the domain
name holder shall participate in the proceedings for the resolution
of the dispute on the domain name.
Article 28 The decisions of the domain
name dispute resolution institution shall only determine whether
to change the information of the holder of the domain name in dispute.
If the decision of the domain name dispute resolution institution
is in conflict with the legally effective judgment of the people's
court or the arbitration organization, the legally effective judgment
of the people's court or the arbitration organization prevails.
Article 29 If a domain name dispute
is being processed by the people's court, the arbitration organization
or the domain name dispute resolution institution, the domain name
holder shall not transfer the domain name in dispute, unless the
transferee of the domain name agrees in writing to be subject to
the judgment by the people's court, the arbitration institution
or the domain name dispute resolution institution.
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Chapter VI Penalty Provisions
Article 30 Any person who violates the
provisions of Article 4, Article 10, Article 11 and Article 14 of
the Regulations, hampers the normal operation of the Internet domain
names Systems in China, sets up the domain names root server without
authorization, sets up the operational institution for the operation
of domain name root servers without authorization or engages in
the service of the domain name registration without authorization
and record or provides the domain name registration service beyond
the items on the record shall be ordered by the Ministry of Information
Industry to make corrections within the specified period , and shall,
depending on the circumstances, be warned or imposed a fine of not
more than RMB30,000 yuan.
Article 31 Any person who violates the
provisions of Article 17, Article 18 of the Regulations shall be
ordered by the Ministry of Information Industry to make corrections
within the specified period , and shall, depending to the circumstances,
be warned or imposed a fine of not more than RMB30, 000 Yuan.
Article 32 Any person who violates the
provisions of Article 19, and whose act constitute a crime, he or
she shall be prosecuted for his or her criminal activities according
to the laws; If the act has not constituted a crime, he or she shall
be penalized by the relevant institutions of the state in accordance
with the provisions of the relevant laws, rules and administrative
regulations.
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Chapter VII Supplementary Provisions
Article 33 The domain name registrars
which begin the registration service of Internet domain names prior
to the entry into force of the Regulations shall go through the
record procedures in accordance with the provisions of the Regulations
within 60 days from the date of the entry into force of the Regulations.
Article 34 The Regulations shall go
into force as of Sep.30, 2002. Should there be any discrepancies
in the meanings between the current and former version of the Regulations,
the current version shall prevail.
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