Administrative Measures On Internet Online Service Business Premises In Xining

Original Language Title: 西宁市互联网上网服务营业场所管理办法

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(Municipal Government of Xining, December 2, 2005 at the 25th Executive meeting on December 22, 2005 in Xining people's Government promulgated as of February 1, 2006, 75th) first to strengthen the management of Internet online service business premises, norms of operator business, maintaining the lawful rights and interests of the public and operators to ensure healthy development of the Internet online service business premises and business activities, promoting the construction of socialist spiritual civilization, in accordance with the
    Internet online service business premises regulations (hereinafter referred to as the regulations) the provisions of laws and regulations, combined with the city's actual, these measures are formulated.
    Article II Internet online service business premises in these measures refers to computer and other devices to provide Internet services to the public Internet cafes, computer lounge and other commercial places.
    Article Internet online service business premises within the administrative area of the city's business and management activities shall abide by these measures.
    Units for specific objects such as schools, libraries, access to information, providing Internet access services information activities should abide by relevant laws and regulations, but these measures are not applicable.
    Fourth city, County (district) people's Governments shall strengthen the supervision and administration of Internet online service business premises leadership, implement a combination bar, block-oriented supervision and management system. County above government culture administrative sector is responsible for Internet Internet service business places business units of established approval, and is responsible for on law established of Internet Internet service business places business units business activities of supervision management; police organ is responsible for on Internet Internet service business places business units of information network security, and security and the fire security of supervision management; business administration sector is responsible for on Internet Internet service business places business units registration registered and license of management, and law investigation No as business activities
    ; Telecommunication Management Department is responsible for the Internet online service business sites of Internet access services to implement supervision and management; other relevant departments within the scope of their respective duties in accordance with the Internet online service business premises and business units implement supervision and administration.
    The fifth Internet online service business premises to set up Unified plans, total control, reasonable layout, strict examination and approval.
    Municipal cultural Administrative Department in accordance with the relevant provisions of law within their respective administrative areas Internet online service business premises total and layout plans, approved by the municipal people's Government, submitted to the provincial culture Administration for approval before implementation.
    Encourages the development of chain Internet online service business premises management, actively guide the Internet online service business premises to large-scale, chain, theming and branding direction.
    Established by article sixth Internet online service business premises, shall take the form of enterprises, in line with the total Internet service sites in the city and planning, and the eighth article of the regulation conditions.
    Applying for the establishment of Internet online service business premises specification for chain enterprises shall comply with the chain-like management of the Organization, conditions and cultural Administrative Department under the State Council.
    Administrative departments of culture, public security, industrial and commercial administration sector should be in Office or media to apply for Internet online service business premises of conditions and procedures be publicized.
    Seventh article established Internet Internet service business places, should to County (district) culture administrative sector proposed application, and submitted following file: (a) name advance approved notice and articles; (ii) statutory representative people or main head of identity proved material; (three) funds credit proved; (four) business places property proved or rental letter of intent; (five) law need submitted of other file.
    Eighth County (district) administrative departments shall, from the date of receipt of an application within 15 working days to make a decision; audits, eligible, to agree to build the approval documents.
    After applicants obtain construction approval document shall be completed according to the Internet online service business premises for establishment of business premises, facilities and equipment planning. After you complete the preparation of the applicant, agreed to build the approval documents apply to the public security organs of information network security and fire safety audits.
    Public security organs shall within 15 working days from the date of receipt of the application decisions and field inspections and audits by qualified, issue approval documents. Applications from people with a public security organ the approval document from the County (district) administrative departments to apply for an Internet culture operation license.
    The County (district) cultural Administrative Department shall within 15 working days from the date of receipt of an application pursuant to the regulations and submitted to the municipal cultural administration departments make decisions; qualified through field inspections and audits, Internet culture operation license will be issued.
    The applicant's application, cultural administrative department or a public security organ review does not meet the criteria, and shall give the applicant written reasons.
    Applications from people with an Internet culture operation license to the application for registration, the Administrative Department for industry and commerce, after you obtain business licenses according to law, shall be opened. Nineth established chain of Internet online service business premises of the enterprise, an application shall be submitted to the municipal cultural administration departments, the municipal cultural Administration reported to the provincial cultural administration, after reviewing the qualifying, to agree to build the approval documents.
    Get planning approval and the relevant provisions of these regulations, set up after the specified amount of direct store, to the provincial administrative authority for final approval, examination, sent an Internet culture operation license.
    Chain business enterprise provincial administrative departments of culture after the Internet culture operation license, before development Charter (Allied) chains.
    Tenth in the following areas or structures shall not set up Internet online service business premises: (a) primary and secondary schools around the campus 200 meters, (ii) Residential (home) and (iii) do not meet the safety requirements for public buildings.
    11th Internet service operating entities change place of business address or to the business premises renovation or expansion, change computers, or other important matters shall be subject to the audit of administrative departments, public security organs.
    Internet online service business premises operating unit changes name, domicile, legal representative or principal responsible, registered capital, network address, or terminate business activity, shall be registered to the Administrative Department for industry and commerce in accordance with law changes or to cancel the registration, and to the former auditing administrative departments of culture, public security authorities for the handling or filing.
    12th Internet online service business premises must be legally obtained a business license for Internet service providers access to the Internet, no other way to access the Internet; Internet consumers must use a computer over a local area network connected to the Internet may not be directly connected to the Internet.
    Internet online service business premises when operating unit provided Internet access, should provide a copy of the Internet culture operation license and license; Internet service providers must not be without the Internet culture operation license and license of Internet online service business premises and business units to provide access.
    Internet access provider to the Internet culture operation license was revoked or license of Internet service operating entities, shall terminate the Internet access service was ordered to closed Internet service operating entities, shall suspend the Internet access service.
    13th Internet service operating entities and Internet consumer, must not use the Internet online service business premises make, download, copy, read, distribute, disseminate or otherwise contain damage national interests, national interests, public interests and the legitimate rights and interests of another person or abetting crime information online games must not be used for gambling or gambling in disguise or other means and shall not endanger information network security activities.
    14th Internet online service business premises and business operation entity shall not operate a non-network games.
    15th Internet online service business premises and business operation entity shall not accept minors under 18 years of age to enter business premises and at the entrance to place prominently posted or hang minors banned flag.
    16th daily business Internet online service business premises must comply with the provisions of laws and regulations.
    17th Internet online service business premises and business units should be the Internet culture operation license and license in place of striking position.
    18th Internet online service business premises and business units to administrative departments of culture, public security organs in accordance with the management of the implementation of technical measures and security measures, and may not refuse to implement, run without interruption, and may be supplemented, modified or changed. 19th Internet online service business premises and business units to deal with consumer's ID is a valid document checks, registration, and records information about the Internet. Registration and records backup saves time not less than 60 days, and in the administrative departments of culture, public security organs in accordance with the provided query.
    Registration and records backup during storage may not be modified or deleted. 20th Internet online service business premises and business operation entities shall establish within the field inspection system.
    Business managers, safety managers and professional and technical personnel should, within its premises inspection, leading Internet consumer laws and social ethics, civilized and healthy Internet; Internet consumers have found violations of these measures listed in the 13th or other illegal acts, and should be stopped immediately and report to the administrative departments of culture, public security authorities at their place.
    21st article Internet Internet service business places business units should law perform security and fire security management duties, and comply with following provides: (a) ban fire lighting and smoking and hanging ban smoking logo; (ii) ban with into and store flammable, and easy burst items; (three) shall not installation fixed of closed doors and Windows fence; (four) business during ban seal blocking or lock closed doors and Windows, and security evacuation channel and security export; (five) shall not unauthorized stop implementation security technology measures. 22nd Internet service places the legal representative, Chief, managerial, professional and technical personnel should have the relevant legal, network security and fire safety knowledge.
    City, County (district) administrative departments of culture, public security authorities or industry association should be well trained Guide and service work.
    23rd cultural Administrative Department and the public security organs, administrative departments for industry and commerce shall establish and improve supervision and inspection system, the activities of Internet service operating entities shall supervise and check.
    The 24th cultural Administrative Department and the public security organs shall set forth the Internet online service business premises according to law, business management, technical measures and technical measures for safety management, found that Internet online service business premises are in violation of, technical means should be taken promptly terminated.
    25th administrative departments of culture, public security organs, industrial and commercial administrative departments in the supervision and inspection, found in Internet online service business premises and business activities are in violation of investigation should be carried out promptly, do not belong to the management responsibilities of the Department, shall be communicated to the authorities in time; authorities after receiving the notification, shall promptly investigate.
    26th article Internet Internet service business places business units violation about legal regulations and this approach of provides, by revoked network culture business license, and revoked license of administrative punishment and was revoked approved file of, made decided of culture administrative sector, and business administration sector and police organ should in made decided of while, will processing decided CC about sector, about sector should according to their duties made corresponding processing.
    Internet online service business premises chain enterprises in chain stores are prescribed in the preceding paragraph the administrative punishment or revocation of approval, local cultural Administrative Department should the situation escalate provincial and municipal cultural administration departments.
    27th administrative departments of culture, industry and commerce administration departments without setting up Internet service sites and lead to the cancellation of the Internet culture operation license Internet online service business premises, it shall notify and monitor Internet access service provider immediately terminate access to the service; were ordered to closed Internet online service business premises, shall promptly notify and monitor Internet access service provider to suspend access to the service.
    28th city, County (district) cultural administrative departments should support the establishment of Internet online service business premises and business units as a member of the trade association, guiding industry self-regulation.
    29th to encourage citizens, legal persons and other organizations on the Internet online service business premises business units of the business activity monitoring.
    City, County (district) administrative departments can employ social organizations and grass-roots mass self-government organizations members, students, parents, teachers and other volunteers as obligations of supervisors, on the Internet online service business activities to public supervision.
    Article 30th established by any units or individuals found to be unauthorized Internet service sites and unauthorized Internet access services business activities or discovering Internet online service business premises operate illegally, are available to the local people's Government or administrative departments of culture, public security, industrial and commercial administration sector and telecommunication management departments.
    Any unit and individual Management Department against Internet online service business premises lawful rights and interests, illegal approval of Internet service sites of Internet online service business premises or illegal acts are not investigated, are available to the local people's Governments, upper level management or administrative supervision departments.
    Local people's Governments and relevant authorities upon receipt of the report shall be promptly sent survey processing and confidentiality for whistle-blowers.
    31st reporting Internet online service business premises operating units and administrative departments and ascertained that serious violations, city and County (district) people's Government or administrative departments of culture, public security organs, administrative departments for industry and commerce report should be commended and rewarded.
    32nd Internet service provider in violation of these regulations the 12th article, third paragraph, by the cultural Administrative Department, administration for industry and commerce shall be ordered to immediately terminate or suspend access to the service, and a fine of 5000 Yuan more than 20000 Yuan fine.
    33rd Internet online service business premises and business units refused to implement, outages or unauthorized changes, change management and technical measures or measures of safety management technologies, by the cultural Administrative Department, the public security organs in accordance with their respective responsibilities in their warning, rectification; fails, more than 3000 RMB 15000 Yuan fine.
    34th Internet online service business premises and business units engaged in non-online game, be warned by the administrative departments of culture, and may be fined not more than 5000 Yuan and more than 15000 in serious cases, to order the rectification, until revocation of the Internet culture operation license. 35th article Internet Internet service business places business units violation this approach, accepted minor people Internet of, by culture administrative sector be warning, each accepted 1 name minor people fine 500 Yuan to 2000 Yuan, but highest not over Ordinance provides of 15000 Yuan limit; cumulative 2 times accepted minor people or 1 times accepted 3 name above (containing 3 name) not adults Internet of, except by above standard fine outside, and ordered closed reorganization 15 days
    Total 3 accepted the admission of minors using the Internet or 1 time more than 8 (8) Internet access for minors, in addition to the above fine, suspension of the Internet culture operation license, and cut off his Internet access.
    36th Internet online service business premises and business units with other acts in violation of these rules and penalties stipulated in the Ordinance, shall be punished. 37th cultural Administrative Department and the public security organs, administrative departments for industry and commerce on the Internet online service business premises to set up approval and supervision imposed on undertakings shall not charge any fee.
    However, the provisions of laws and administrative regulations, in accordance with its provisions.
    Administrative departments of culture, public security, industrial and commercial administration departments without authorization or without charge by the statutory programs and standards, by its superior administrative body or supervisory organ shall order the return of illicit fees charged to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Intercepting, misappropriating, privately divide or disguised dividing up charges according to law, be recovered, to managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 38th cultural Administrative Department and the public security organs, illegal approval of the Administrative Department for industry and Commerce of Internet online service business premises, by higher administrative authorities or supervisory organs shall be ordered to correct, to managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law; caused damage to the legitimate rights and interests of the parties, shall bear the liability for damages.
    Administrative departments of culture, public security organs, industrial and commercial administrative department or other relevant departments and their staff, does not perform its oversight duties or that the violations are not investigated in accordance with law, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    39th cultural Administrative Department and the public security organs, industrial and commercial administrative departments or other relevant staff, or in disguise, in Internet access services business activities, participation or disguised cases of participation in activities of Internet service operating entities, shall be given administrative sanctions.
    Administrative departments of culture, public security, industry and Commerce Administration Department or other relevant departments of the acts listed in the preceding paragraph, the directly in charge of personnel and other persons directly responsible shall be given administrative sanctions in accordance with the preceding paragraph.
    40th party of cultural administration, public security organs, industrial and commercial administration departments, or other departments concerned refuses to accept the decision on administrative penalty made by, or on the establishment or modification of decision for rejection, may apply for administrative reconsideration or bring an administrative suit.
                                                                                                            41st these measures shall come into force on February 1, 2006.

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