Order of the State Council on the Issuance of the Regulations on the Administration of Internet Access Service Business Sites
Order of the State Council on the Issuance of the Regulations on the Administration of Internet Access Service Business Sites
Order of the State Council on the Issuance of the Regulations on the Administration of Internet Access Service Business Sites
Order of the State Council[2002] No.363
September 29, 2002
Adopted at the 62nd executive meeting of the State Council on August 14, 2002, the Regulations on the Administration of Internet Access Service Business Sites are hereby promulgated and shall come into effect as of November 15, 2002.
Premier Zhu Rongji
Annex: Regulations on the Administration of Internet Access Service Business Sites
Chapter I General Provisions
Article 1 These Regulations are formulated in order to strengthen the administration of internet access service business sites, to regulate business actions of the operators, to safeguard the lawful rights and interests of the public and the operators, to guarantee the healthy development of internet access service business activities, and to promote the building of a socialist, spiritual civilization.
Article 2 Internet access service business sites in these Measures mean the sites of a profit-making nature, such as network bars, computer lounges, etc., which provide the public with internet access services via computers and other equipment.
The sites that are affiliated with schools and libraries and that provide certain objects with internet access service for obtaining materials and information shall not be governed by these Regulations, but shall conform to all relevant laws and regulations.
Article 3 The operating entities of internet access service business sites (hereinafter referred to as "operating entities") shall abide by all relevant laws and regulations, enhance industrial self-discipline, and voluntarily accept both supervision and administration by relevant governmental departments in accordance with the law and provide good services to the internet users.
Internet users in the internet access service business sites shall abide by all relevant laws and regulations, comply with social ethics, and access the internet in a civilized and healthy manner.
Article 4 The cultural administration departments of the people's government at or above the county level shall be in charge of the examination and approval of the establishment of operating entities, and shall be in charge of the supervision and administration of the business activities of those operating entities established pursuant to law. Public security departments shall be in charge of the supervision and administration of the security of information and networks, public security, and fire control of the operating entities. Industry and commerce administration departments shall be in charge of the registration and management of business licenses of operating entities, and shall investigate and punish unlicensed business activities pursuant to law. Telecommunication administration departments and other relevant departments shall, within their respective scope of duties, supervise and administer operating entities in accordance with these Regulations, and all other relevant laws and administrative regulations.
Article 5 Cultural administration department personnel, public security department personnel, industry and commerce administration department personnel, and other relevant department personnel may not engage in any internet access service business activities or do so in a disguised form, neither may they participate in any business activities conducted by the operating entities or do so in a disguised form.
Article 6 The state encourages citizens, legal persons, and other organizations to supervise the business activities of the operating entities, and will reward those with outstanding contributions.
Chapter II Establishment
Article 7 The state applies a permission system with respect to the operating entities. Without permission, no organization or individual may establish any internet access service business sites or engage in any internet access service business activities.
Article 8 To legally establish an operating entity, one shall utilize the organizational form of enterprise and meet the following conditions:
1. Having name, domicile, organizational structures, and articles of association of an enterprise,
2. Possession of funds that match its business activities,
3. Having business sites that match its business activities and that conform to the conditions for fire control provided for by the state,
4. Having a sound and perfect management system for security of information and networks and the corresponding technical measures for security,
5. Having fixed net addresses, and computers and subsidiary equipment that match its business activities,
6. Employing the personnel for operation and management, security management, and technical professionals that match its business activities and having obtained the practicing qualifications,
7. Other conditions as provided for by laws, administrative regulations, and other relevant departments under jurisdiction of the State Council.
The minimum area for business operations, the quantity of computers and subsidiary equipment, and the standard for the area of a single seat in internet access service business sites shall be provided for by the cultural administration department under jurisdiction of the State Council.
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