Administrative Measures On Internet Online Service Business Premises In Anhui Province

Original Language Title: 安徽省互联网上网服务营业场所管理办法

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(June 21, 2004 consideration at the 14th General meeting of Anhui Province on June 28, 2004, 168th promulgated by the people's Government of Anhui Province as of August 1, 2004) Chapter I General provisions article I-enhance the management of Internet online service business premises, standard Internet online service business premises management and guarantee the healthy development of Internet online service business premises and business activities, promoting the construction of socialist spiritual civilization, according to the State Department of the
    Internet online service business premises regulations (hereinafter referred to as the regulations) and the facts of the province, 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.
    Third article this regulation is applicable in the province within the administrative area of Internet online service business premises management.
    Schools, libraries and other institutions for a specific object attached to the internal access to information, information sites that provide Internet services, this approach is not applicable.
    Fourth people's Governments above the county level shall strengthen the supervision and administration of business sites of Internet services leader. County above government culture administrative sector is responsible for Internet Internet service business places business units of established approval, is responsible for on law established of Internet Internet service business places business activities for 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 authorities within the scope of their respective duties on the Internet online service business premises according to law implementation supervision and management. Chapter II section a fifth Provincial Administration Department of culture is responsible for Internet online service business premises in the province's development plan, total amount of control, city and county administrative departments of culture on the Internet online service business premises established within the administrative area of the layout.
    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, and have the article eighth of the conditions laid down in the regulations.
    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 above 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; rental using of, also needed rental letter of intent; (five) law need submitted of other file. Article eighth cultural Administrative Department shall, within 15 working days from the date of receipt of an application decision; the audited eligible, to agree to build the approval documents.
    Applicants should 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 at the same level 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 police approval documents to the administrative authority for final approval.
    Cultural Administrative Department within 10 working days from the date of receipt of the application decide 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, should state the reason in writing to the applicant.
    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 service sites of the enterprises shall make application to the provincial administrative departments of culture, after reviewing the qualifying, to agree to build the approval documents.
    Get planning approval, according to the provisions of the present article seventh and eighth, 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, it shall apply for the establishment of the program, the original audit administrative departments of culture, public security organs.
    Internet service operating entities change name and address, network address, legal representative or principal responsible person, the registered capital or termination of business activities, 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.
    Chapter III operation article 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 off net games not to broadcast non-LAN network audio and video products.
    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 hours limited to Internet online service business premises from 8 o'clock to 24 o'clock, and at the entrance of premises prominently posted or hanging are limited to business signs.
    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 for 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.
    Article 19th Internet online service business premises and business units consumer's ID is a valid document should be checked, written registry and saved for 60 days. Article 20th Internet online service business premises management unit should be established 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 activities; found Internet consumers are listed in this article 13th or other illegal acts, shall be stopped immediately and reported to the local cultural Administrative Department, the public security organs.
    21st article Internet Internet service business places business units should comply with following provides, law perform security and fire security management duties: (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. 22nd Internet service places the legal representative, Chief, managerial, professional and technical personnel should have the relevant legal, network security and fire safety knowledge.
    Cultural administration departments at or above the county level, public security authorities or industry association should be well trained Guide and service work.
    Supervision and administration of the fourth chapter article 23rd administrative departments of culture, public security organs, administrative departments for industry and commerce shall establish and improve supervision and inspection system, improve the day-to-day supervision and inspection teams, on the activities of Internet service operating entities shall supervise and check. 24th industrial and commercial administrative departments shall obtain license of Internet service site name, address, name of the legal representative or principal responsible person shall be published.

    25th 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, the implementation of real-time supervision and inspection of the Internet online service business premises.
    Find Internet online service business premises are in violation of, technical means should be taken promptly terminated.
    Article 26th cultural administrative departments, public security organs, industrial and commercial administration departments in 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.
    27th 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 to the cultural administration departments. 28th 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.
    Was ordered to closed Internet online service business premises, shall promptly notify and monitor Internet access service provider to suspend access to the service.
    Article 29th cultural administration departments at or above the county level shall support the establishment of Internet online service business premises and business units as a member of the trade association, guiding industry self-regulation.
    30th to encourage citizens, legal persons and other organizations on the Internet online service business premises business units of the business activity monitoring.
    Cultural administration departments at or above the county level can employ social groups and grass-roots mass self-government organization members, students, parents, teachers and other volunteers as obligations of supervisors, on the Internet online service business activities to public supervision.
    31st any units or individuals found without setting up 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.
    Articles 32nd to report Internet online service business premises management unit and management of serious violations and confirmed, and people's Governments at or above the county level administrative departments of culture, public security organs, administrative departments for industry and commerce report should be commended and rewarded.
    Fifth chapter legal liability article 33rd Internet service provider in violation of these regulations article 12th section, 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 and 20000 Yuan fine.
    Article 34th Internet online service business premises and business units refused to implement, disruptive 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, late is still not correct, a fine of 3000 more than 15000 Yuan fine.
    35th Internet online service business premises and business units within a LAN broadcast non-networked video, be warned by the cultural administration; more than twice warned and fined 1000 Yuan more than 5000 Yuan fine. 36th 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 limit; cumulative 2 times accepted minor people Internet of, except by above standard fine outside, and ordered closed reorganization; cumulative 3 times accepted minor people Internet or in provides business time yiwai accepted minor people Internet of, except by above standard fine outside, and revoked
    Internet culture operation license.
    37th Internet online service business premises since the establishment of chain enterprises, accumulated more than 10% of chain stores was ordered to stop administrative penalties, by cultural administrative departments depending on the seriousness of the province, on chain enterprises can be warned or fined not more than 5000 Yuan more than 20000.
    Internet online service business premises since the establishment of chain enterprises, a total of 10% chain stores over the Internet culture operation license was revoked or revoked the administrative punishment, the provincial cultural administration in addition to penalties in the preceding paragraph to the chain enterprises and remove chain operation the instrument of ratification.
    Article 38th 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.
    39th article culture administrative sector, and police organ, and business administration sector or other about sector and staff, illegal approved not meet statutory established conditions of Internet Internet service business places business units, or not law perform supervision duties, or found violations not law investigation, on directly is responsible for of competent personnel and other directly responsibility personnel, law give downgraded, and dismissed or fired of administrative sanctions; constitute crime of, law held criminal.
    40th cultural Administrative Department and the public security organs, industrial and commercial administrative departments or other relevant staff, used to engage in business activities or in disguise, in Internet services, participation or disguised cases of participation in activities of Internet service operating entities, demotion, removal from Office or dismissal 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.
    41st a party to an Administrative Department and the public security organs, refuses to accept the decision on administrative penalty made by the administrative departments for industry and commerce, or an application for its establishment or modification shall not be approved is dissatisfied with a decision may initiate administrative reconsideration or administrative proceedings in accordance with law.
                      Sixth chapter supplementary articles article 42nd these measures shall take effect on August 1, 2004.