Administration of China Internet Domain Names Measures

(Promulgated by the Ministry of Information Industry on August 1 2002 and effective as of September 30 2002.)

PART ONE: GENERAL PROVISIONS

Article 1:      The Measures are formulated in order to promote the development of China's internet, to maintain the secure and reliable operation of the Chinese internet domain name system and to standardize administration of the Chinese internet domain name system in line with international standards on the administration of internet domain names and in accordance with the relevant State provisions.

Article 2:      Registration of domain names and related activities within the People's Republic of China shall abide by the Measures.

Article 3:      Definitions of terms referred to in the Measures shall be as follows:

(1)   Domain name: hierarchical character identifier recognizing and locating a computer on the internet that corresponds to that computer's internet protocol (IP).

(2)   Chinese domain name: domain name containing Chinese characters.

(3)   Domain name root server: the server functioning as the root node in the domain name system.

(4)   Domain name root server operator: the institution responsible for operating, maintaining and administrating the domain name root server.

(5)   Top-level domain name: name of the top-level domain under the root node in the domain name system.

(6)   Domain name registration administrator: the institution responsible for operating, maintaining and administering one or more top-level domain names and for administering all levels of domain name registration below these top-level domain names.

(7)   Domain name registration service provider: the service provider that verifies applications to register domain names and that registers domain names in the domain name database.

Article 4:      No organization or individual shall use any means to obstruct the proper functioning of the internet domain name system within China.

PART TWO: ADMINISTRATION OF DOMAIN NAMES

Article 5:      The Ministry of Information Industry (MII) shall be responsible for the administration of China's internet domain names. Its principal duties shall be:

(1)   to formulate regulations and policy on administration of internet domain names;

(2)   to formulate a national (or local) top-level domain name .CN and Chinese domain name system;

(3)   to administer national (or local) top-level domain names .CN, and Chinese domain names, domain name registration administrators;

(4)   to administer domain name root server operators that establish and operate domain name root servers within the People's Republic of China;

(5)   to oversee the registration of domain names; and

(6)   to be responsible for international coordination on domain names.

Article 6:      China's internet domain name system shall be promulgated publicly by the MII. The MII may make partial adjustments to the domain name system in accordance with the actual development of domain names and shall promulgate these anew.

Article 7:      Chinese domain names are an important component of China's domain name system. The MII shall encourage and support technical research into and the gradually increased use of Chinese domain names.

Article 8:      Administration of domain names shall be hierarchical. Domain name registration administrators and those holding domain names at all levels shall be responsible for the registration and servicing of domain names at one level lower, in accordance with the Measures and with the relevant provisions.

Article 9:      Domain name registration administrators shall be responsible for operating and administering the corresponding domain name systems, for maintaining the domain name database, and for authorizing domain name registration service providers to provide domain name registration services. Their principal responsibilities shall include:

(1)   the operation, maintenance and administration of the corresponding top-level domain name servers and databases to ensure the secure and reliable operation of the domain name system;

(2)   the formulation of domain name registration provisions in accordance with the Measures;

(3)   the selection of domain name registration service providers without prejudice; and

(4)   the oversight and administration of domain name registration services by domain name registration service providers.

Article 10:    The establishment of domain name root servers, domain name registration administrators and domain name root server operators within  the People's Republic of China must be authorized by the MII.

PART THREE: ADMINISTRATION OF DOMAIN NAME REGISTRATION SERVICE PROVIDERS

Article 11:    The establishment of new domain name registration service providers within the People's Republic of China must be filed with the MII.

No work unit or individual shall provide domain name registration services without filing with the MII.

Article 12:    Those providing domain name registration services shall fulfil the following criteria:

(1)   they shall be an enterprise legal person or an institution legal person established in accordance with the law;

(2)   they shall have the funds and skilled personnel commensurate with domain name registration services;

(3)   they shall have a reputation for providing, or have the ability to provide, long-term services to their clients;

(4)   they shall have a business development plan and a corresponding technical programme;

(5)   they shall have proper network and information security safeguard facilities; and

(6)   they shall fulfil any other criteria laid down by the MII.

Article 13:    Those providing domain name registration services shall file with the MII. When so doing they shall provide the following information:

(1)   proof of status as a legal person;

(2)   description of domain name registration services to be provided;

(3)   agreement signed with the relevant domain name registration administrator;

(4)   template customer service agreement;

(5)   business development plan and corresponding technical programme; and

(6)   proof of technical safeguards for network and information security.

Article 14:   If there are changes to such registered information as the name, address or legal representative of the domain name registration service provider, or if there are changes to the relationship or a termination of the relationship between the domain name registration service provider and the domain name registration administrator, the domain name registration service provider shall file these with the MII within 30 days of the change or termination.

PART FOUR: REGISTRATION OF DOMAIN NAMES

Article 15:    Domain name registration administrators shall formulate implementing rules for the registration of domain names in accordance with the Measures, and shall implement these after filing them with the MII.

Article 16:    Registration of domain names shall follow the principle of "first come, first served".

Article 17:    Domain name registration administrators may, when expanding the scope of domain name registration, establish a time limit for pre-registration. They may set up the necessary protection for certain pre-reserved characters and may provide enquiry services on their website.

Except in the case of the preceding paragraph, domain name registration administrators and domain name registration service providers shall not pre-reserve domain names or do so in a disguised form. Domain name registration administrators and domain name registration service providers shall not in the course of providing domain name registration services represent any real or potential domain name holder.

Article 18:    Domain name registration administrators and domain name registration service providers shall make public the content, timing and cost of their domain name registration services. They shall provide information on domain name registration and shall guarantee the quality of their domain name registration services.

Article 19:    No organization or individual may register or use domain names containing elements that:

(1)   oppose the fundamental principles determined in the Constitution;

(2)   compromise State security, divulge State secrets, subvert State power or damage national unity;

(3)   harm the dignity or interests of the State;

(4)   incite ethnic hatred or racial discrimination or damage inter-ethnic unity;

(5)   sabotage State religious policy or propagate heretical teachings or feudal superstitions;

(6)   disseminate rumours, disturb social order or disrupt social stability;

(7)   propagate obscenity, pornography, gambling, violence, murder or fear or incite the commission of crimes;

(8)   insult or libel a third party or infringe upon the lawful rights and interests of a third party; or

(9)   include other content prohibited by laws or administrative regulations.

Article 20:    Those applying to register domain names shall abide by the relevant State laws, administrative regulations and rules on the internet and by the relevant provisions on domain name registration formulated by domain name registration administrators, and shall provide true, accurate and complete information when registering domain names.

Article 21:    Domain name administration fees shall be paid on time. Domain name registration administrators shall formulate specific methods for payment of administration fees and shall report these for approval to the MII.

Article 22:    Once a domain name has been registered, the registration applicant shall become the holder of that domain name.

If ownership or use of a domain name causes harm to the legal rights and interests of another, the holder of the domain name shall be responsible.

Article 23:    If there are changes to the information provided to register a domain name, the domain name holder shall apply to the domain name registration service provider for amendment of the registration information within 30 days of the change.

Article 24:    Domain name holders may select and change their own domain name registration service provider. When a domain name holder changes its domain name registration service provider, the original service provider shall be obliged to transfer the registration information.

Article 25:    When any of the following circumstances apply to a registered domain name, the original domain name registration service provider shall revoke registration and shall inform the domain name holder in writing:

(1)   the domain name holder or its agent applies to cancel the domain name;

(2)   the domain name registration information provided by the domain name holder is false, inaccurate or incomplete;

(3)   the domain name holder fails to pay the relevant fees in accordance with the provisions;

(4)   the registration should be revoked in accordance with the decision of a people's court, an arbitrator, or a domain name dispute resolution institution; or

(5)   there is a violation of the Measures or of relevant laws or regulations.

PART FIVE: DISPUTES OVER DOMAIN NAMES

Article 26:    Domain name registration administrators may designate a neutral domain name dispute resolution institution to resolve disputes over domain names.

Article 27:    If anyone files a complaint to a domain name dispute resolution institution over a domain name already registered or in use and the complaint fits the criteria for resolution of a dispute over a domain name, the domain name holder shall take part in the proceedings for resolving disputes over domain names.

Article 28:    The decision of a domain name dispute resolution institution shall apply only to changes in the information on the holder of the disputed domain name.

If the decision of a domain name dispute resolution institution is not in accord with the legally effective judgment made by a people's court or an arbitrator, the judgment of the people's court or the arbitrator shall prevail.

Article 29:    The holder of a disputed domain name shall not transfer that domain name while the dispute is being dealt with by a people's court, an arbitrator or a domain name dispute resolution institution, except where the party to which the domain name is being transferred agrees in writing to be bound by the judgement of the People's Court, the arbitrator or the institution resolving the domain name dispute.

PART SIX: LEGAL LIABILITY

Article 30:    Those who are in violation of Articles 4, 10, 11 or 14 hereof obstruct the proper operation of the internet domain name system within China, establish domain name root servers or server operators without authorization, or register domain names without going on file or provide domain name registration services in excess of those they have filed, shall be ordered to rectify the same within a stated period by the MII. Depending on the seriousness of the situation they shall be warned or fined not more Rmb30,000.

Article 31:    Those who violate Articles 17 or 18 hereof shall be ordered by the MII to rectify the same within a stated period and depending on the seriousness of the situation shall be warned or fined not more than Rmb30,000.

Article 32:    Those who violate Article 19 hereof and such act constitutes a criminal offence, criminal liability shall be pursued. If the act does not constitute a criminal offence, they shall be penalized by the relevant State authorities in accordance with the relevant laws and administrative regulations.

PART SEVEN: SUPPLEMENTARY PROVISIONS

Article 33:    Domain name registration service providers providing domain name registration services prior to the implementation of the Measures shall complete the record filing procedure in accordance with the Measures within 60 days of the implementation of the Measures.

Article 34:    The Measures shall be effective as of September 30 2002. Where provisions previously promulgated on administration of internet domain names are inconsistent with the Measures, the Measures shall prevail.