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China Internet Domain Name Regulations

0 CommentsPrint E-mail ChinaITLaw.org, January 21, 2010
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Chapter II Administration of Domain Names

Article 6 Internet domain name system in China shall be promulgated by MII in form of proclamation. MII may adjust the Internet domain name system and re-promulgate it according to practical situation.

Article 7 Chinese Domain Name is an integral part of the Domain Names System of China. MII shall encourage and support the technical research, gradual spreading and application of Chinese Domain Names.

Article 8 Setting up any DNS root server or establishing any operational institution of DNS root server within the territory of the People's Republic of China shall be approved by MII.

Article 9 Any organization that applies for setting up DNS root server or engages in running any DNS root server shall meet the following requirements:

1) It shall have corresponding funds and professional personnel;

2) It shall have the environment and technical capabilities of guaranteeing the reliable operation of DNS root server;

3) It shall have perfect measures for safeguarding the security of the networks and information;

4) It shall meet requirements of the development of the Internet and the stable operation of domain name system;

5) It shall meet other requirements prescribed by Chinese government.

Article 10 Any organization that applies for setting up DNS root server or engages in running any DNS root server shall submit the following documents to MII:

1) The general information of the applicant organization;

2) The situation of the proposed DNS root server;

3) Technical solutions for networks;

4) The certification of the measures for safeguarding the security of networks and information.

Article 11 Any organization that applies for setting up Domain Name Registry or Registrar within the territory of the People's Republic of China shall be approved by MII.

Article 12 Any organization that applies for running Domain Name Registry shall meet the following requirements:

1) It shall set up top level domain name server (exclude mirror server) within the People's Republic of China, and the corresponding top level domain name shall accord with the global and domestic Internet domain name system;

2) It shall have funds and professional personnel that are suitable for conducting activities related to domain name registration;

3) It shall have good performance and experiences in conducting the Internet domain name related businesses;

4) It shall have the credit standing and ability of providing services in a long-term;

5) It shall have business development plans and the relevant technical solutions;

6) It shall have perfect monitoring mechanism on the domain name registration services and safeguard measures on the networks and information securities;

7) It shall meet other requirements prescribed by Chinese government.

Article 13 A Domain Name Registry applicant shall submit the following documents to MII:

1) Certificate of relevant fund and personnel;

2) Certificate of effectively operating domestic TLD name server;

3) Certificate that may prove the applicant's credit standing;

4) Business development plan and relevant technical solutions;

5) Certification of the measures for safeguarding the security of networks and information;

6) The model agreement that proposed to be signed with Domain Name Registrars;

7) The document that gives the promise of complying the relevant national laws, policies and the domain name system of China and signed by the legal representative of the Domain Name Registry applicant.

Article 14 Any organization that engages in domain name registration service shall meet the following requirements:

1) It is legally established incorporated company or incorporated institution;

2) It shall possess at least 1 million RMB Yuan of the registered capital; It shall set up domain name registration service system within the territory of the People's Republic of China, and shall have the specialty engineers and customer service personnel to engage domain name registration service;

3) It shall have the credit standing and capability of providing services to the customers in a long-term;

4) It shall have business development plans and the relevant technical solutions;

5) It shall have perfect safeguard mechanism on the networks and information securities;

6) It shall have perfect quit mechanism of domain name registration service;

7) It shall meet other requirements prescribed by Chinese government.

Article 15 A Domain Name Registrar applicant shall submit the following documents to MII:

1) Qualification Certificate of the incorporated company or the incorporated institution.

2) Information of the domain type that the applicant organization propose to engage in, and corresponding technical and customer service personnel;

3) Letter of intent or agreement signed with relevant Domain Name Registry or Registrar overseas;

4) The model of customer service agreement;

5) Business development plans and the relevant technical solutions;

6) Certificate of technical safeguard mechanism on the networks and information securities;

7) Document that proves the credit standing of the applicant;

8) The document that gives the promise of complying the relevant national laws and policies and signed by the legal representative of the applicant organization.

Article 16 In case the application material is all ready and complies with the legal forms, MII shall offer the acceptance notification to the applicant; in case lacking of application material or the material does not comply with the legal forms, MII shall give the one-off notification in written form to the applicant of all other requested material on the spot or do so within Five days; for those rejected applications, MII shall issue the rejection notification to the applicant with reasons.

Article 17 MII shall accomplish the review process within 20 working days since the issuance of the acceptance notification, and make the decision on whether or not to approve the application. In case the decision can not be made within 20 working days, the period may be extended for another 10 days with the approval of the principal of MII. MII shall also notify the applicant with the reason for the deferred decision.

For the approved applications, MII shall issue position paper of the approval; for those rejected applications, MII shall notify the applicants in written form with reasons for the rejection.

Article 18 The Domain Name Registry shall self-consciously follow the relevant national laws, administrative rules and regulations, ensure the safe and reliable operation of the domain name system, and provide Domain Name Registrars with safe and convenient services equally and rationally.

The registry shall not interrupt any Domain Name Registrar's registration service without proper reason.

Article 19 Domain Name Registrars shall self-consciously follow the relevant national laws, administrative rules and regulations, and shall provide users with domain name registration services equally and rationally.

Any Domain Name Registrar shall not defraud, intimidate or take any other malfeasant measures to request users to register domain names.

Article 20 Either the name, address, legal representative or any other registration information of the Domain Name Registrar changes, or the cooperation between the Domain Name Registry and the Domain Name Registrar is changed or terminated, the Domain Name Registrar shall put on record to MII within 30 days afterwards.

Article 21 The Domain Name Registry shall deploy necessary networks or emergency communication devices, develop effective provisioning strategies for securing network communications, and shall perfect the emergency system for the security of networks and information.

For safeguarding national security and dealing with emergencies, Domain Name Registry and Registrars shall submit to the command and coordination of MII, complying with and implementing the administrative requirements set force by MII.

Article 22 MII shall strengthen the supervision and inspection over Domain Name Registry and Registrars, and correct violations during inspections.

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