Measures for the Administration of Internet Domain Names

(Promulgated by the Ministry of Industry and Information Technology on August 24 2017 and effective as of November 1 2017.)

 

Order of the MIIT No.43

 

Part One: General Provisions

 

Article 1: These Measures have been formulated pursuant to such regulations as the PRC Administrative Permission Law and the State Council, Decision on the Setting of Administrative Permissions for Administrative Approval Matters the Retention of Which is Genuinely Required, and with reference to international standards for the administration of domain names in order to regulate internet domain name services, protect the lawful rights and interests of users, ensure the secure and reliable operation of the internet domain name system, drive the development and application of Chinese language domain names and national top-level domain names and promote the healthy development of the internet in China.

 

Article 2: The engagement in the provision of internet domain name services, the operation, maintenance and oversight thereof, and other such relevant activities shall comply herewith.

 

For the purposes of these Measures, the term “internet domain name services” (Domain Name Services) means engagement in activities such as the operation and management of domain name system (DNS) root servers, operation and management of top-level domain names, registration of domain names and resolution of domain names.

 

Article 3: The Ministry of Industry and Information Technology shall exercise oversight of Domain Name Services nationwide, with its principal duties as follows:

 

(1) the formulation of rules and policies for the administration of internet domain names;

 

(2) the formulation of plans for the development of the internet domain name system and domain name resources in China;

 

(3) the administration of the DNS root server operators and domain name registration management institutions in China;

(4) the administration of the security of the networks and information of the domain name system;

 

(5) the protection of users' personal information and their lawful rights and interests in accordance with the law;

 

(6) international coordination relating to domain names;

 

(7) the administration of domain name resolution services in China; and

 

(8) the administration of other activities relating to Domain Name Services.

 

Article 4: The telecommunications administrations of the provinces, autonomous regions and municipalities directly under the central government shall exercise oversight of Domain Name Services within their jurisdictions, with their principal duties as follows:

 

(1) the thorough implementation of laws, administrative regulations, rules and policies for the administration of domain names;

 

(2) the administration of the domain name registration service organizations in their administration areas;

 

(3) the provision of assistance to the Ministry of Industry and Information Technology in its administration of the DNS root server operators and domain name registration management institutions in their administrative areas;

 

(4) the administration of the security of the networks and information of the domain name system in their administrative areas;

 

(5) the protection of users' personal information and their lawful rights and interests in accordance with the law;

 

(6) the administration of domain name resolution services in their administrative areas; and

 

(7) the administration of other activities relating to Domain Name Services in their administrative areas.

 

Article 5: The China internet domain name system will be announced by the Ministry of Industry and Information Technology. The Ministry of Industry and Information Technology may revise the China internet domain name system in light of the actual circumstances in domain name development.

 

Article 6: “.cn” and “.中国” are the national top-level domain names of the PRC.

Chinese language domain names are a crucial constituent of the China internet domain name system. The state encourages and supports technical research on, and the promotion and application of, the Chinese language domain name system.

 

Article 7: When providing Domain Name Services, relevant state laws and regulations and relevant technical specifications and standards shall be complied with.

 

Article 8: No organizations or individuals may hinder the secure and stable operation of the internet domain name system.

 

Part Two: Domain Name Administration

 

Article 9: To host a DNS root server in China and establish a DNS root server operator, or establish a domain name registration management institution or domain name registration service organization, the appropriate permit shall be secured from the Ministry of Industry and Information Technology or the telecommunications administration of the province, autonomous region or municipality directly under the central government (hereinafter collectively referred to as the “Telecommunications Administration”) in accordance with the law.

 

Article 10: To apply to host a DNS root server and establish a DNS root server operator, the following conditions shall be satisfied:

 

(1) the DNS root server is hosted in China and complies with plans on internet development and the requirements for the secure and stable operation of the domain name system;

 

(2) being a lawfully established legal person that, together with its major investors and main operating and management personnel, have a good integrity record;

 

(3) having the premises, funds, environment, professional personnel and technical capabilities to ensure the secure and reliable operation of the DNS root server and an information management system that satisfies the requirements of the Telecommunications Administration;

 

(4) having sound measures to ensure network and information security, including management personnel, rules and regulations for the management of network and information security, a contingency plan as well as relevant technologies and management measures;

 

(5) having the capacity to protect the personal information of users, the capacity to provide long-term services and a sound service withdrawal mechanism; and

 

(6) satisfying other conditions as specified in laws and administrative regulations.

 

Article 11: To apply to establish a domain name registration management institution, the following conditions shall be satisfied:

 

(1) having a domain name management system hosted in China, and the top-level domain names owned by it complying with relevant laws and regulations and the requirements for the secure and stable operation of the domain name system;

 

(2) being a lawfully established legal person that, together with its major investors and main operating and management personnel, have a good integrity record;

 

(3) having a sound business development plan and technical plan, the premises, funds and professional personnel appropriate for engaging in the operation and administration of top-level domain names and an information management system satisfying the requirements of the Telecommunications Administration;

 

(4) having sound measures to ensure network and information security, including management personnel, rules and regulations for the management of network and information security, a contingency plan, as well as relevant technologies and management measures;

 

(5) having the capacity to verify true identity information and protect the personal information of users, the capacity to provide long-term services and a sound service withdrawal mechanism;

 

(6) having sound rules and regulations for the management of domain name registration services and a sound mechanism for monitoring domain name registration service organizations; and

 

(7) satisfying other conditions as specified in laws and administrative regulations.

 

Article 12: To apply to establish a domain name registration service organization, the following conditions shall be satisfied:

 

(1) having a domain name registration service system, registration database and the attendant domain name resolution system hosted in China;

 

(2) being a lawfully established legal person that, together with its major investors and main operating and management personnel, have a good integrity record;

 

(3) having the premises, funds and professional personnel appropriate for engaging in the provision of domain name registration services and an information management system satisfying the requirements of the Telecommunications Administration;

 

(4) having the capacity to verify true identity information and protect the personal information of users, the capacity to provide long-term services and a sound service withdrawal mechanism;

 

(5) having sound rules and regulations for the management of domain name registration services and a sound mechanism for monitoring domain name registration agencies;

 

(6) having sound measures to ensure network and information security, including management personnel, rules and regulations for the management of network and information security, a contingency plan as well as relevant technologies and management measures; and

 

(7) satisfying other conditions as specified in laws and administrative regulations.

 

Article 13: To apply to host a DNS root server and establish a DNS root server operator or establish a domain name registration management institution, the application materials shall be submitted to the Ministry of Industry and Information Technology. To apply to establish a domain name registration service organization, the application materials shall be submitted to the telecommunications administration of the province, autonomous region or municipality directly under the central government where the applicant is domiciled.

 

The application materials shall include:

 

(1) the basic particulars of the applicant and an undertaking to operate in accordance with the law and in good faith signed by its legal representative;

 

(2) supporting documentation evidencing effective management of Domain Name Services, including the supporting documentation for the relevant systems, premises and service capacity, management rules and regulations, agreements executed with other organizations, etc.;

 

(3) a safeguard system and measures for network and information security; and

 

(4) materials evidencing the reputation of the applicant.

 

Article 14: If the application materials are in order and in the format required by law, the Telecommunications Administration shall issue an application acceptance notice to the applicant. If the application materials are incomplete or not in the form required by law, the Telecommunications Administration shall inform the applicant on the spot or within five working days in writing on one occasion of all the missing information that needs to be provided or corrected. If it does not accept the application, it shall issue a non-acceptance notice and provide the reasons therefor.

 

Article 15: The Telecommunications Administration shall complete its review and render its decision on whether to grant or withhold permission within 20 working days from the date of acceptance. If the decision cannot be rendered within 20 working days, an extension of 10 working days may be taken subject to the approval of the person in charge of the Telecommunications Administration, and the reason for such extension will be provided to the applicant. If verification by experts needs to be arranged, the period therefor shall not be counted as part of the review period.

 

If permission is granted, the relevant permission document shall be issued. If permission is withheld, the applicant shall be notified in writing and provided the reason therefor.

 

Article 16: The permit granted to a DNS root server operator, domain name registration management institution or domain name registration service organization shall be valid for five years.

 

Article 17: In the event of a change in the name, domicile, legal representative or other such particular of a DNS root server operator, domain name registration management institution or domain name registration service organization, amendment procedures shall be carried out with the original permit issuing authority within 20 days from the date of the change.

 

Article 18: If a DNS root server operator, domain name registration management institution or domain name registration service organization proposes to terminate the relevant service during the term of its permit, it shall give users 30 days of prior written notice, propose a practical plan to deal with outstanding issues and submit a written application to the original permit issuing authority.

 

Once the original permit issuing authority has received the application, it shall publicize the same for 30 days. Within 60 days of the conclusion of the publicity period, the original permit issuing authority shall complete its review and render its decision.

 

Article 19: If engagement in the provision of Domain Name Services needs to be continued after the expiration of the permit term, a renewal application shall be submitted to the original permit issuing authority 90 days in advance. If engagement in the provision of Domain Name Services is to be terminated, the same shall be reported to the original permit issuing authority 90 days in advance and the work of handling outstanding issues shall be duly carried out.

 

Article 20: If a domain name registration service organization engages a domain name registration agency to carry out work such as market sales, it shall monitor and manage the domain name registration agency's work.

 

In the course of carrying out work entrusted to it such as market sales, the domain name registration agency shall, on its own initiative, indicate the agency relationship and expressly indicate in the domain name registration service contract the name of the relevant domain name registration service organization and the agency relationship.

 

Article 21: A domain name registration management institution or domain name registration service organization shall establish the relevant emergency backup system in China and regularly back up the domain name registration data.

 

Article 22: A DNS root server operator, domain name registration management institution or domain name registration service organization shall post in a prominent location on the home page of its website and in its place of business relevant information from its permit. A domain name registration management institution shall additionally post the list of domain name registration service organizations with which it cooperates.

 

A domain name registration agency shall post in a prominent location on the home page of its website and in its place of business the name of the domain name registration service organization for which it acts as agent.

 

Part Three: Domain Name Services

 

Article 23: A DNS root server operator, domain name registration management institution or domain name registration service organization shall provide secure, convenient and stable services to users.

 

Article 24: A domain name registration service organization shall formulate implementing rules for domain name registration in accordance herewith and make the same available to the public.

 

Article 25: A domain name registration management institution shall provide domain name registration services through domain name registration service organizations that have secured a permit from the Telecommunications Administration.

 

A domain name registration service organization shall provide services in line with the domain name registration service items permitted by the Telecommunications Administration, and may not provide domain name registration services on behalf of a domain name registration management institution that has not secured a permit from the Telecommunications Administration.

 

Article 26: In principle, the “first to file” principle shall apply to domain name registration services, unless the relevant detailed implementing rules for domain name registration provide otherwise, in which case such provisions shall apply.

 

Article 27: To safeguard state interests and the public interest, a domain name registration management institution shall establish a system of reserved characters for domain name registration.

 

Article 28: No organizations or individuals 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 rumors, 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 as prohibited by laws or administrative regulations.

 

A domain name registration management institution or domain name registration service organization may not provide services for a domain name that contains the characters referred to in the preceding paragraph.

 

Article 29: A domain name registration service organization may not use illegitimate means such as fraud or coerce to demand that a third party register domain names.

 

Article 30: When a domain name registration service organization is to provide domain name registration services, it shall require that domain name registration applicants provide domain name registration information such as the true, accurate and complete identity information of the holders of the domain names.

 

Domain name registration management institutions and domain name registration service organizations shall verify the truthfulness and completeness of domain name registration information.

 

If the domain name registration information provided by a domain name registration applicant is inaccurate or incomplete, the domain name registration service organization shall require it to provide/amend the same. If the applicant fails to do so or provides false domain name registration information, the domain name registration service organization may not provide domain name registration services to it.

 

Article 31: Domain name registration service organizations shall make public the content, timing and cost of their domain name registration services, guarantee the quality of their services and provide public inquiry services regarding information on domain name registration.

 

Article 32: Domain name registration management institutions and domain name registration service organizations shall lawfully store and protect the personal information of users. The personal information of a user may not be provided to others without the consent of the user, unless otherwise provided in laws or administrative regulations.

 

Article 33: If there are changes to information such as the contact details of the domain name holder, the procedure for amendment of the registration information of the domain name shall be carried out with the domain name registration service organization within 30 days of the change.

 

If the holder of a domain name transfers such domain name to a third party, the transferee shall comply with the relevant requirements for domain name registration.

 

Article 34: Domain name holders have the right to select and change their own domain name registration service organization. When a domain name registration service organization is changed, the original domain name registration service organization shall cooperate with the domain name holder in transferring its relevant domain name registration information.

 

Without legitimate cause, a domain name registration service organization may not impede the holder of a domain name from changing the domain name registration service organization.

 

The domain name registration service organization for a domain name for which the Telecommunications Administration has demanded that resolution be halted in accordance with the law may not be changed.

 

Article 35: Domain name registration management institutions and domain name registration service organizations shall establish a complaint acceptance mechanism and post their complaint acceptance methods in a prominent location on the home pages of their websites and in their places of business.

 

A domain name registration management institution or domain name registration service organization shall handle a complaint in a timely manner. If it is unable to do so, it shall state the reason therefor and the time period required to handle the complaint.

 

Article 36: To provide domain name resolution services, relevant laws, regulations and standards shall be complied with, the appropriate technologies, services and capacity to ensure network and information security shall be possessed, measures to ensure network and information security shall be put in place, a domain name resolution log, maintenance log and amendment records shall be kept and retained in accordance with the law and the quality of the resolution services and the security of the resolution system shall be ensured. If engagement in the provision of telecommunications services is involved, a telecommunications service operating permit shall be secured in accordance with the law.

 

Article 37: When providing domain name resolution services, the resolution information may not be altered without authorization.

 

No organization or individual may maliciously have a domain name resolve to a third party's IP address.

 

Article 38: When providing domain name resolution services, domain name redirection may not be provided for a domain name that contains any of the information set forth in the first paragraph of Article 28 hereof.

 

Article 39: Where the provision of internet information services is engaged in, the domain name used shall comply with laws, regulations and relevant provisions of the Telecommunications Administration, and such domain name may not be used to commit illegal acts.

 

Article 40: A domain name registration management institution or domain name registration service organization shall cooperate in the inspections lawfully conducted by relevant state departments and take handling measures against domain names used to commit unlawful acts such as halting the resolution thereof as demanded by the Telecommunications Administration.

 

If a domain name registration management institution or domain name registration service organization discovers that a domain name for which it provides services is used to post or communicate information the posting or transmission of which is prohibited by laws or administrative regulations, it shall promptly take handling measures such as deletion thereof and halting of resolution so as to prevent the spread of such information, keep relevant records and report the same to the relevant department.

 

Article 41: A DNS root server operator, domain name registration management institution or domain name registration service organization shall comply with relevant state laws, regulations and standards, put in place measures to ensure network and information security, install the necessary emergency network communication equipment, and establish and improve the technical measures for monitoring network and information security and the emergency response systems thereof. In the event of a network or information security event occurring in its domain name system, it shall report the same to the Telecommunications Administration within 24 hours.

 

As required for national security or the handling of an emergency event, DNS root server operators, domain name registration management institutions or domain name registration service organizations shall comply with the central directions and coordination of the Telecommunications Administration and comply with its administration requirements.

 

Article 42: Any organization or individual that is of the opinion that a domain name registered or used by a third party infringes its, his/her lawful rights and interests may apply to a domain name dispute resolution institution for an award or institute a legal action in a people's court in accordance with the law.

 

Article 43: When any of the following circumstances applies to a registered domain name, the domain name registration service organization shall revoke the registration and inform the domain name holder:

 

(1) the domain name holder applies to cancel the domain name;

 

(2) the domain name holder provides false domain name registration information;

 

(3) the registration shall be revoked in accordance with the judgment of a people's court or the ruling of a domain name dispute resolution institution; or

 

(4) other circumstances under which the registration shall be revoked as specified in laws or administrative regulations.

 

Part Four: Monitoring Inspections

 

Article 44: A Telecommunications Administration shall strengthen its monitoring inspections of Domain Name Services. A DNS root server operator, domain name registration management institution or domain name registration service organization shall submit to and cooperate in the monitoring inspections conducted by the Telecommunications Administration.

 

Domain Name Services industry self-regulation and public scrutiny of Domain Name Services are encouraged.

 

Article 45: A DNS root server operator, domain name registration management institution or domain name registration service organization shall regularly submit information on the conduct of its business, secure operation, implementation of the responsibilities for network and information security, handling of complaints and disputes, etc. as required by the Telecommunications Administration.

 

Article 46: When conducting a monitoring inspection, the Telecommunications Administration shall review the materials submitted by the DNS root server operator, domain name registration management institution or domain name registration service organization and conduct an inspection of its compliance with laws, regulations and relevant provisions of the Telecommunications Administration.

 

A Telecommunications Administration may engage a third-party professional firm to carry out relevant monitoring inspection activities.

 

Article 47: A Telecommunications Administration shall establish a system for keeping a record of the integrity of DNS root server operators, domain name registration management institutions and domain name registration service organizations and record their violations hereof subjected to administrative penalties in their integrity files.

 

Article 48: When conducting a monitoring inspection, the Telecommunications Administration may not interfere with the normal business and service activities of the DNS root server operator, domain name registration management institution or domain name registration service organization, may not charge any fees and may not divulge domain name registration information to which it is privy.

 

Part Five: Penal Provisions

 

Article 49: If Article 9 hereof is violated by hosting a DNS root server and establishing a DNS root server operator, or establishing a domain name registration management institution or domain name registration service organization without permission, the Telecommunications Administration shall take measures to halt the same in accordance with Article 81 of the PRC Administrative Permissions Law and, depending on the seriousness of the circumstances, issue a warning or impose a fine of not less than Rmb10,000 and not more than Rmb30,000.

 

Article 50: If a domain name registration management institution or domain name registration service organization violates these Measures by committing any of the acts set forth below, the Telecommunications Administration shall ex officio order it to rectify the matter within a specified period of time and, depending on the seriousness of the circumstances, impose a fine of not less than Rmb10,000 and not more than Rmb30,000 and make a public announcement:

 

(1) it provides domain name registration services on behalf of a domain name registration management institution that does not have a permit, or engages in the provision of domain name registration services through a domain name registration service organization that does not have a permit;

 

(2) it provides services outside those domain name registration service items indicated on its permit;

 

(3) it fails to verify the truthfulness and completeness of domain name registration information; or

 

(4) it prevents the holder of a domain name from changing domain name registration service organization without legitimate cause.

 

Article 51: If these Measures are violated in the course of providing domain name resolution services by committing any of the acts set forth below, the Telecommunications Administration shall order rectification of the matter within a specified period of time and may, depending on the seriousness of the circumstances, impose a fine of not less than Rmb10,000 and not more than Rmb30,000 and make a public announcement:

 

(1) altering domain name resolution information without authorization or maliciously having a domain name resolve to a third party's IP address;

 

(2) providing domain name redirection for a domain name that contains any of the information set forth in the first paragraph of Article 28 hereof;

 

(3) failing to put in place measures for ensuring network and information security;

 

(4) failing to keep and retain a domain name resolution log, maintenance log and/or amendment records; or

 

(5) failing to deal with a domain name that has been used for illegal acts as required.

 

Article 52: If Article 17, the first paragraph of Article 18, Article 21, Article 22, the second paragraph of Article 28, Article 29, Article 31, Article 32, the first paragraph of Article 35, the second paragraph of Article 40 or Article 41 hereof is violated, the Telecommunications Administration shall ex officio order rectification of the matter within a specified period of time and may additionally impose a fine of not less than Rmb10,000 and not more than Rmb30,000 and make a public announcement.

 

Article 53: If a law or a set of administrative regulations provides otherwise in respect of penalizing relevant unlawful acts, matters shall be handled in accordance with the relevant law or administrative statute.

 

Article 54: If any organization or individual registers or uses a domain name in violation of the first paragraph of Article 28 hereof and the same constitutes a criminal offense, the criminal liability thereof shall be pursued in accordance with the law; if the same is insufficient to constitute a criminal offense, penalties shall be imposed by the relevant department in accordance with the law.

 

Part Six: Supplementary Provisions

 

Article 55: Definitions of terms referred to in the Measures shall be as follows:

 

(1) “Domain name” means a hierarchical character identifier recognizing and locating a computer on the internet that corresponds to that computer's IP address.

 

(2) “Chinese domain name” means a domain name containing Chinese characters.

 

(3) “Top-level domain name” means a name of the top-level domain under the root node in the domain name system.

 

(4) “DNS root server” means a server (including a mirror server) that has the root node function in a domain name system.

 

(5) “DNS root server operator” means an organization that has secured a permit in accordance with the law and operates, maintains and manages a DNS root server.

 

(6) “Domain name registration management institution” means an organization that has secured a permit in accordance with the law, and operates and manages a top-level domain name.

 

(7) “Domain name registration service organization” means an organization that has secured a permit in accordance with the law, accepts domain name registration applications and completes registration of domain names in the top-level domain name database.

 

(8) “Domain name registration agency” means an organization appointed by a domain name registration service organization that accepts domain name registration applications and indirectly completes the registration of domain names in the top-level domain name database.

 

(9) “Domain name management system” means the main information system required by a domain name registration management institution to operate and manage a top-level domain name in China, including the registration management system, registration database, domain name resolution system, domain name information search system and identity information verification system.

 

(10) “Domain name redirection” means redirection, when accessing a certain domain name, to another domain name, IP address or online information service that is bound to or directs away from such domain name.

 

Article 56: The periods of time specified herein refer to calendar days, unless expressly stated as being working days.

 

Article 57: Where provision of Domain Name Services without the relevant permit has been engaged in before the implementation hereof, the procedures for securing a permit shall be carried out in accordance herewith within 12 months from the date of implementation hereof.

 

Article 16 hereof shall apply to the term of validity of the permit of a DNS root server operator, domain name registration management institution or domain name registration service organization that secured such permit before the implementation hereof, and such term shall commence to count from the date of implementation hereof.

 

Article 58: These Measures shall be effective as of November 1 2017. The Measures for the Administration of Internet Domain Names in China (Order No.30 of the former Ministry of Information Industry) promulgated on November 5 2004 shall be repealed simultaneously. In the event of a discrepancy between relevant provisions issued before the implementation hereof and these Measures, matters shall be handled in accordance with these Measures.