Administration of the Network Connection of Telecommunications Equipment Measures

The term "Telecommunications Terminal Equipment" means the Telecommunications Equipment that is connected to the end of a public telecommunications network and that provides subscribers the capability to transmit and receive information.

The term "Wireless Communications Equipment" means Telecommunications Equipment that is connected to a public telecommunications network and that permits communications wirelessly.

The term "Network Interconnection Equipment" means Telecommunications Equipment that permits interconnection and mutual communication between the networks of different telecommunications carriers or between networks that provide different telecommunications services.

Article 3: The State subjects Telecommunications Terminal Equipment, Wireless Communications Equipment and Network Interconnection Equipment that are to be connected to public telecommunications networks to a system of network connection permits.

A network connection permit issued by the Ministry of Information Industry must be obtained for Telecommunications Equipment subject to the system of network connection permits. If a network connection permit has not been obtained for such equipment, it may not be connected to a public telecommunications network and may not be used or sold domestically.

Article 4: The list of Telecommunications Equipment subject to the system of network connection permits will be formulated and issued by the Ministry of Information Industry in concert with the product quality supervision department of the State Council.

Article 5: Producers of Telecommunications Equipment (Producers) that apply for network connection permits for their Telecommunications Equipment must comply with State laws, regulations and policies. Telecommunications Equipment for which a network connection permit is applied must comply with State standards, communications industry standards and the regulations of the Ministry of Information Industry. Producers shall have a comprehensive quality assurance system and comprehensive after-sales service capabilities.

Article 6: When a Producer applies for a Telecommunications Equipment network connection permit, it shall include a test report issued by a testing institution, or a product quality certificate issued by a certification institute, recognized by the State Council's product quality supervision department and authorized by the Ministry of Information Industry.

A testing institute's bases and procedures for testing Telecommunications Equipment for which a network connection permit is applied and the test reports issued therefor shall comply with the regulations of the State or the Ministry of Information Industry.

Article 7: The Telecommunications Regulatory Bureau of the Ministry of Information Industry is responsible for the specific administration, supervision and examination work related to the network connection of Telecommunications Equipment nationwide.

The communications regulatory bureaux of the provinces, autonomous regions and municipalities directly under the central government are responsible for the administration, supervision and examination work related to the network connection of Telecommunications Equipment in their respective administrative territories.

The handling institutions authorized by the Ministry of Information Industry shall be responsible for the specific matters connected with the acceptance of applications for Telecommunications Equipment network connection permits.

PART TWO: NETWORK CONNECTION PERMIT PROCEDURES

Article 8: When a Producer applies for a Telecommunications Equipment network connection permit, it shall submit to the handling institution authorized by the Ministry of Information Industry the following application materials:

(1) An application for a Telecommunications Equipment network connection permit (see attachment). The Producer's legal representative or a person authorized by him shall sign and affix the Producer's official seal to the application. Foreign Producers shall engage a domestic agency to submit the application on their behalves and provide the agency with a power of attorney.

(2) Enterprise legal person business licence. A domestic Producer shall submit its enterprise legal person business licence. An agency that is engaged by a foreign Producer to apply for a Telecommunications Equipment network connection permit on its behalf shall submit the Agency's valid licence.

(3) An introduction to the enterprise including an overview of the enterprise, production conditions, instruments and equipment, quality assurance system and after-sales service capabilities, etc. For products that the State requires to be covered by a repair, replacement and return warranty, a document concerning the performance of the relevant responsibilities shall be submitted as well.

(4) Quality system certification or examination report. Producers that have obtained quality system certification shall submit their certification whereas Producers that have not obtained quality system certification shall submit quality system examination reports prepared by quality system examination institutions authorized by the Ministry of Information Industry.

(5) An introduction to the Telecommunications Equipment including the equipment's functions, performance indicators, schematic diagram, photographs of the internal and external designs and user manual, etc.

(6) A test report or product certification. The test report or product certification shall respectively have been issued by a testing institution or a certification institution recognized by the State Council's product quality supervision department and authorized by the Ministry of Information Industry.

A Wireless Transmission Equipment Model Approval Certificate issued by the Ministry of Information Industry shall be submitted with network connection permit applications for wireless transmission equipment.

A comprehensive technical scheme and test report shall be submitted for Wireless Communications Equipment, Network Interconnection Equipment and new products.

When submitting certificates and licences as part of the above-mentioned application materials, either the original and one photocopy or a photocopy bearing the certification seal of the certificate issuing authority shall be submitted. The other materials must be in Chinese.

Article 9: The Telecommunications Regulatory Bureau of the Ministry of Information Industry shall examine the application materials submitted by a Producer within 60 days of the date of receipt of the complete set of application materials by the handling institution. The Telecommunications Regulatory Bureau of the Ministry of Information Industry shall issue a network connection permit and a network connection permission mark to Producers whose applications are found to meet requirements after examination. The said Bureau shall give a written reply to Producers whose applications are found not to meet requirements.

Article 10: Producers that have obtained quality system certification shall themselves select the prescribed quantity of samples to be submitted for testing to the testing institution.

The samples to be submitted for testing to a testing institution by a Producer that has not obtained quality system certification shall be handled by the communications regulatory bureau of the province, autonomous region or municipality directly under the central government in accordance with the sampling measures of the Ministry of Information Industry, and the communications regulatory bureau of the province, autonomous region or municipality directly under the central government shall arrange for the Producer's quality system to be examined by a quality system examination institution authorized by the Ministry of Information Industry.

Article 11: Wireless Communications Equipment, Network Interconnection Equipment and new products for which a network connection permit application is made shall be tested for a minimum of three months on a domestic telecommunications network, or a simulated test network designated by the Ministry of Information Industry, and the testing unit shall issue a test report thereon.

The Communications Regulatory Bureau of the Ministry of Information Industry shall arrange for experts to evaluate the comprehensive technical schemes, test reports, etc. for Telecommunications Equipment mentioned in the preceding paragraph. Network connection permits shall be issued for equipment that is found to meet requirements after examinations based on the evaluation opinions of the experts.

Article 12: If a Producer modifies the technology or external form of Telecommunications Equipment for which it has obtained a network connection permit, it must submit such equipment for testing or carry out anew the procedures for a network connection permit.

If the modifications to the external form of Telecommunications Equipment for which a network connection permit had been obtained are relatively minor and the Producer requests a reduction in test items or exemption from testing, it may submit photographs taken before and after the modifications, the before and after circuit diagrams, an explanation of the modifications, and post-modification samples, etc. to a testing institution for examination. Upon examination, the testing institution shall issue an opinion to the Telecommunications Regulatory Authority of the Ministry of Information Industry. If the testing institution is of the opinion that test items may be reduced or testing may be dispensed with and the Telecommunications Regulatory Authority of the Ministry of Information Industry agrees, the test items may be reduced or dispensed with.

Article 13: For new Telecommunications Equipment that is subject to the system of network connection permits but for which there are not yet any State or industry standards, the Producer shall itself submit samples to the testing institution and the testing unit shall carry out tests in accordance with international standards or the enterprise's standards, whereupon it shall issue a test report.

The Telecommunications Regulatory Bureau of the Ministry of Information Industry shall examine the test report and the relevant materials and, provided that State industrial policies are complied with and that the equipment does not effect the security of, and unimpeded communication on, the network, approve network connection for testing purposes. Once State and/or industry standards are issued, a network connection permit shall be obtained in accordance with procedures.

Article 14: Where China has entered into agreements with the governments of other countries or regions for the mutual recognition of Telecommunications Equipment testing laboratories and test reports, matters shall be handled in accordance with such agreements.

PART THREE: NETWORK CONNECTION PERMITS AND THE NETWORK CONNECTION PERMISSION MARK

Article 15: A Producer shall affix the network connection permission mark to its Telecommunications Equipment for which a network connection permit has been obtained. Network connection permission marks shall be centrally printed and issued by the Ministry of Information Industry. The network connection permission mark is a quality mark.

The network connection permission mark may not be affixed to Telecommunications Equipment for which no network connection permit has been obtained or the network connection permit for which has become void.

Article 16: Network connection permits and network connection permission marks may not be assigned, altered, forged or passed off.

Article 17: A network connection permit shall be valid for three years.

If a Producer needs to continue producing and selling Telecommunications Equipment for which it has obtained a network connection permit, it shall, three months before the term of its network connection permit expires, submit an application for a new permit accompanied by a test report on samples provided or a product quality supervision spot check report issued within the last year and return the original permit.

Article 18: If a change occurs to the particulars specified on the Telecommunications Equipment network connection permit, the Producer shall carry out anew the procedures for a network connection permit.

Article 19: A Producer that has obtained a network connection permit shall provide photocopies of the same to its distributors and users that require a photocopy of the network connection permit. The person in charge of the Producer shall sign and affix the official seal of the Producer to the photocopies. The Producer shall keep a record of the serial numbers assigned to the photocopies.

Article 20: Producers shall indicate the numbers of their network connection permits on the packaging of the Telecommunications Equipment for which they have obtained network connection permits and the advertisements for such equipment that they publish.

PART FOUR: SUPERVISION AND ADMINISTRATION

Article 21: The Ministry of Information Industry shall periodically publish a list of the Telecommunications Equipment for which network connection permits have been obtained and the Producers that have obtained such permits.

Producers that obtain a network connection permit shall report the same to the communications regulatory bureaux of the provinces, autonomous regions or municipalities directly under the central government where they are located and submit themselves to the supervision and administration of such bureaux.

No unit may submit Telecommunications Equipment for which a network connection permit has been obtained to new tests or issue a new permit therefor.

Article 22: The communications regulatory bureaux of provinces, autonomous regions and municipalities directly under the central government shall carry out an annual inspection of the Telecommunications Equipment for which network connection permits have been obtained and Producers that have obtained such permits within their administrative territories before 31 December each year and shall collate the information on the annual inspection and submit it to the Telecommunications Regulatory Bureau of the Ministry of Information Industry before 31 January of the subsequent year.

Article 23: A Producer that has obtained a Telecommunications Equipment network connection permit shall ensure that its Telecommunications Equipment after obtaining the network connection permit is consistent with the Telecommunications Equipment before obtaining such permit and ensure that product quality is stable and reliable, and it may not lower the quality or performance of the product.

The Ministry of Information Industry, in cooperation with the State Council's product quality supervision department, shall carry out follow-up quality and supervisory spot checks of Telecommunications Equipment for which a network connection permit has been obtained and publish the results of such spot checks.

Article 24: Telecommunications Equipment for which a network connection permit has been obtained and its outer packaging must bear the Chinese labelling specified by the State. A manual and repair warranty card in Chinese must be included with the product. For products that the State requires to be covered by a repair, replacement and return warranty, the relevant certificate shall be included as well.

Article 25: Telecommunications carriers may not use Telecommunications Equipment that is subject to the system of network connection permits but for which no network connection permit has been obtained.

Article 26: Subscribers are entitled to select Telecommunications Terminal Equipment at their own discretion and telecommunications carriers may not prevent a subscriber from using his own Telecommunications Terminal Equipment for which a network connection permit has been obtained.

Article 27: Telecommunications Equipment testing institutions and product quality certification institutions must implement State standards, industry standards and the regulations of the Ministry of Information Industry. Testing institutions and product quality certification institutions and their personnel may not engage in falsification and fabrication or use their positions to steal or disclose the technical secrets of Producers.

PART FIVE: PENAL PROVISIONS

Article 28: Violations of these Procedures by selling Telecommunications Terminal Equipment for which no network connection permit has been obtained shall be punished by the communications regulatory bureaux of the provinces, autonomous regions and municipalities directly under the central government with an order to rectify the matter and a fine of not less than Rmb 10,000 and not more than Rmb 100,000.

Article 29: Violations of these Procedures by forging, passing off or assigning network connection permits, by fabricating network connection permit numbers or by affixing forged network connection permission marks shall be punished by the Ministry of Information Industry or the communications regulatory bureaux of the provinces, autonomous regions and municipalities directly under the central government by the confiscation of the illegal income and the imposition of a fine of not less than three times and not more than five times the illegal income. If there is no illegal income or the illegal income is less than Rmb 10,000, a fine of not less than Rmb 10,000 and not more than Rmb 100,000 shall be imposed.

Article 30: If a Producer violates these Procedures by lowering the quality and performance of its products after obtaining a network connection permit, the product quality supervision authority shall punish it in accordance with the relevant laws and regulations.

Article 31: If a Producer violates these Procedures by failing to indicate its network connection permit number on the outer packaging of Telecommunications Equipment for which it has obtained a network connection permit and in advertisements for such equipment that it publishes, the Ministry of Information Industry or the communications regulatory bureau of the province, autonomous region or municipality directly under the central government shall order it to rectify the matter and give it a warning.

Article 32: If a Producer violates these Procedures by committing any of the acts set forth below, the Ministry of Information Industry shall give it a warning; if the circumstances are serious, the Ministry of Information Industry shall revoke its qualifications for applying for network connection permits or will no longer accept its applications for network connection permits:

(1) it submits untruthful application materials when applying for a network connection permit;

(2) it fails to ensure the consistency of its Telecommunications Equipment before and after obtaining a network connection permit therefor;

(3) it fails to provide after-sales services or fails to perform its obligation in connection with products that the State requires to be covered by a repair, replacement and return warranty; or

(4) it fails to file a record with the communications regulatory bureau of the province, autonomous region or municipality directly under the central government or to participate in annual inspections in accordance with regulations.

Article 33: If a telecommunications carrier violates these Procedures by preventing a subscriber from connecting his own Telecommunications Terminal Equipment for which a network connection permit has been obtained, the communications regulatory bureau of the province, autonomous region or municipality directly under the central government shall order it to rectify the matter, apologize to the telecommunications subscriber and compensate the telecommunications subscriber for his loss. If the telecommunications carrier refuses to rectify the matter or apologize or compensate the telecommunications subscriber for his loss, it shall be punished with a warning and a fine of not less than Rmb 10,000 and not more than Rmb 100,000. If the circumstances are serious, it shall be ordered to suspend operations and undergo rectification.

Article 34: If these Procedures are violated by subjecting Telecommunications Equipment for which a network connection permit has already been obtained to new testing and the issuance of a new certificate, the Ministry of Information Industry will issue an order for rectification of the matter.

Article 35: If a testing institution or product quality certification institution violates these Procedures by committing any of the acts set forth below, the Ministry of Information Industry will not recognize the test reports or certifications issued by it; if the circumstances are serious, the Ministry of Information Industry will revoke its authorization of the institution:

(1) it engages in falsification and fabrication or practises fraud;

(2) it disregards the prescribed standards when conducting testing or certification; or

(3) it disregards Ministry of Information Industry regulations when issuing test reports or certificates.

Article 36: If a person engaged in work concerning network connection permits for Telecommunications Equipment, that is the acceptance of applications, testing, examination and approval or related work, abuses his authority, practises graft or uses his position to steal or disclose technical secrets of Producers, he shall be subjected to administrative punishment in accordance with the law. If a crime is constituted, his criminal liability shall be pursued in accordance with the law.

PART SIX: SUPPLEMENTARY PROVISIONS

Article 37: The Ministry of Information Industry will formulate separate measures for the administration of the testing of the shock-proofing of Telecommunications Equipment connected to public telecommunications networks.

Article 38: Producers of Telecommunications Equipment not subject to the system of network connection permits may voluntarily apply for product certification to Telecommunications Equipment network connection certification institutions recognized by the State Council's product quality supervision department.

Article 39: These Procedures shall be implemented as of the date of promulgation. The Administration of Examination and Approval in Relation to Network Access by Telecommunication Equipment Procedures promulgated by the Ministry of Information Industry on 31 December 1998 are simultaneously repealed.