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Regulations On The Administration Of Business Sites Of Internet Access Services On The Internet

Original Language Title: 互联网上网服务营业场所管理条例

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(August 14, 2002 adopted at the 62nd Executive meeting of the State Council on September 29, 2002 People's Republic of China promulgated as of November 15, 2002, promulgated by Decree No. 363) Chapter I General provisions article in order to strengthen the management of Internet service establishments, norms of operator business, maintaining the lawful rights and interests of the public and operators, and protect the healthy development of Internet access services business activities, promoting the construction of socialist spiritual civilization, this Ordinance is enacted.
    Second Internet online service business premises referred to in these regulations refers to computer and other devices to provide Internet services to the public Internet cafes, computer lounge and other commercial places.
    Schools, libraries and other institutions for a specific object attached to the internal access to information, information sites that provide Internet services, shall comply with the relevant laws and regulations, these regulations shall not apply.
    Article Internet online service business premises and business operation entities shall comply with the relevant legal provisions and regulations, strengthening self-discipline, and consciously accept the supervision and management of relevant government departments according to law, provide good services for Internet consumers.
    Top consumer of the Internet online service business premises shall comply with the provisions of relevant laws and regulations, abide by social morality, civilized and healthy Internet activities. Fourth article 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 to investigate and punish unlicensed activities; telecommunications management and other departments concerned within the scope of their respective duties, in accordance with this Ordinance and the provisions of relevant laws and administrative regulations, for Internet online service business premises and business units implement supervision and administration.
    Article fifth cultural administration, public security, industrial and commercial Administration Department and other relevant departments and their staff shall not engage in or in disguise, in Internet access services business activities, or participation or participating in Internet online service business premises and business units in a disguised form of business activities.
    Sixth the State encourages citizens, legal persons and other organizations on the Internet online service business premises business units of the business activity monitoring, and rewarded with outstanding contributions. Second chapter set up the seventh country to Internet online service business premises business units of the business activity through a licensing system.
    Without permission, no organization or individual may establish Internet online service business premises and shall not engage in Internet access services business.
    Eighth article established Internet Internet service business places business units, should used enterprise of organization, and has following conditions: (a) has enterprise of name, and residence, and organization institutions and articles; (ii) has with business activities phase adapted of funds; (three) has with business activities phase adapted and meet national provides of fire security conditions of business places; (four) has sound, and perfect of information network security management system and security technology measures;
    (E) have a fixed network address and its business activity of devices such as computers and ancillary equipment (f) corresponding to its business activities and obtained qualification of safety managers, business managers, professional and technical personnel; (VII) laws, administrative regulations and other requirements stipulated by relevant departments under the State Council.
    Internet online service business premises of the lowest business area, the number of devices such as computers and ancillary equipment, stand-alone area standards, by the cultural Administrative Department under the State Council.
    Approval to set up Internet service operating entities, except in accordance with the provisions of the first paragraph of this section, the second paragraph of the conditions, should also be consistent with the cultural Administrative Department under the State Council and provinces, autonomous regions and municipalities directly under the cultural Administrative Department under the people's Government of the Internet online service business premises and business units of amount and layout requirements.
    The Nineth middle school and secondary school within 200 meters of the Park and residential building (House) may not establish Internet online service business premises.
    Tenth article established Internet Internet service business places business units, should to County above place Government 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.
    11th cultural Administrative Department shall, within 20 working days from the date of receipt of an application make a decision upon review, eligible, to agree to build the approval documents. 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 organ shall, within 20 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 shall within 15 working days from the date of receipt of an application made pursuant to this provision under the eighth of decision qualified through field inspections and audits, Internet culture operation license will be issued.
    The applicant's application, administrative culture Department review does not meet the criteria, or a public security organ after auditing is not qualified, 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.
    12th Internet online service business premises and business units shall not alter, lease, lend or otherwise transfer the Internet culture operation license.
    13th 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 Office.
    Internet online service business premises operating unit changes name, domicile, legal representative or principal responsible person, 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 cancellation of registration, and to the administrative departments of culture, public security authorities for the handling or filing. Third chapter business 14th article Internet Internet service business places business units and Internet consumers shall not using Internet Internet service business places making, and download, and copy, and check out, and released, and spread or to other way using contains following content of information: (a) against Constitution determine of principles of; (ii) against national unified, and sovereignty and territory full of; (three) leaked national secret, against national security or damage national honors and interests of; (four) incitement national hatred, and national discrimination, damage national unity
    , Or against national custom, and habits of; (five) damage national religious policy, promote cult, and superstition of; (six) spread rumors, disrupt social order, damage social stable of; (seven) publicity obscene, and gambling, and violence or abetting crime of; (eight) insult or defamation others, against others lawful rights and interests of of; (nine) against social morality or national excellent culture traditional of; (ten) contains legal, and administrative regulations ban of other content of.
    15th Internet online service business premises operating units and Internet consumer shall not engage in the following activities that endanger information network security: (a) intentionally producing and disseminating computer viruses and other destructive programs; (b) the invasion of computer information systems and computer information systems, data and applications, (iii) other activities prohibited by laws and administrative regulations.
    16th Internet online service business premises and business units should obtain a business license for Internet service providers access to the Internet, no other way to access the Internet.
    Internet online service business premises and business units to provide Internet consumers must use a computer over a local area network connected to the Internet may not be directly connected to the Internet.
    17th Internet online service business premises and business operation entity shall not operate a non-network games.
    18th Internet online service business premises operating units and Internet consumers may make use of online gaming for gambling or gambling in disguise or other means.
    19th Internet online service business premises and business units should implement management measures established within the field inspection system, found that Internet consumers with this Ordinance, 14th, 15th, 18th, or other illegal acts listed in section, shall be stopped immediately and report to the administrative departments of culture, public security organs.
    20th Internet online service business premises and business operation entities shall, in place of a significant position of the Internet culture operation license and business license.
    21st Internet online service business premises and business operation entity shall not accept minors to enter business premises.
    Internet online service business premises and business units should prominently hung in place of the entrance of minors banned flags.
    22nd daily hours limited to Internet online service business premises from 8 o'clock to 24 o'clock. 23rd Internet online service business premises and business units should be the Internet consumer's ID is a valid document for verification, 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.
    24th article Internet Internet service business places business units should law perform information network security, and security and fire security 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. Fourth chapter penalty is 25th article culture administrative sector, and police organ, and business administration sector or other about sector and staff, using positions Shang of convenience received others property or other benefits, 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, committed criminal law of, on directly is responsible for of competent personnel and other directly responsibility personnel in accordance with criminal on bribery crime, and abuse crime, and
    Of the crime of dereliction of duty or other provisions, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, demotion, removal from Office or dismissal shall be given administrative sanctions.
    26th cultural Administrative Department and the public security organs, industrial and commercial administrative departments or other relevant staff, engaged 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. 27th article violation this Ordinance of provides, unauthorized established Internet Internet service business places, or unauthorized engaged in Internet Internet service business activities of, by business administration sector or by business administration sector with police organ law be banned, seized its engaged in illegal business activities of places, seized engaged in illegal business activities of dedicated tool, and equipment; committed criminal law of, in accordance with criminal on illegal business crime of provides, law held criminal; is enough criminal punishment of,
    Industrial and commercial administrative departments to confiscate the illegal income and engage in illegal business activities of special tools and equipment; illegal turnover of more than 10,000 yuan, and the illegal operation of up to 5 times more than 10 times the amount fined illegal turnover of less than 10,000 yuan, and more than 10,000 yuan to 50,000 yuan fine. 28th article Internet Internet service business places business units violation this Ordinance of provides, altered, and rental, and lending or to other way transfer network culture business license, committed criminal law of, in accordance with criminal on forged, and variable made, and sale State documents, and documents, and seal crime of provides, law held criminal; is enough criminal punishment of, by culture administrative sector revoked network culture business license, confiscated illegal proceeds; illegal business amount 5000 Yuan above of,
    And the illegal business fined not more than twice times more than 5 times the amount; illegal turnover of less than 5000, and to a fine of up to 5000 Yuan and 10,000 yuan. 29th article Internet Internet service business places business units violation this Ordinance of provides, using business places making, and download, and copy, and check out, and released, and spread or to other way using contains this Ordinance 14th article provides ban contains of content of information, committed criminal law of, law held criminal; is enough criminal punishment of, by police organ give warning, confiscated illegal proceeds; illegal business amount 10,000 yuan above of, and at illegal business amount twice times above 5 times times following of fine; illegal business amount insufficient 10,000 yuan of
    , And to a fine of up to 10,000 yuan and 20,000 yuan in serious cases, to order the rectification, and until revoked by the cultural administration of the Internet culture operation license.
    Internet consumers with violation of the preceding paragraph, violate the criminal law, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, by the public security organs in accordance with the provisions of the Ordinance are punished. 30th article Internet Internet service business places business units violation this Ordinance of provides, has following behavior one of of, by culture administrative sector give warning, can and at 15000 Yuan following of fine; plot serious of, ordered closed reorganization, until revoked network culture business license: (a) in provides of business time yiwai business of; (ii) accepted minor people into business places of; (three) business non-network game of; (four) unauthorized stop implementation business management technology measures of; (five) not hanging
    Internet culture operation license or the banned flag of minors. 31st article Internet Internet service business places business units violation this Ordinance of provides, has following behavior one of of, by culture administrative sector, and police organ according to their terms give warning, can and at 15000 Yuan following of fine; plot serious of, ordered closed reorganization, until by culture administrative sector revoked network culture business license: (a) to Internet consumers provides of computer not through LAN of way access Internet of; (ii) not established field within inspections system, Or found Internet consumers of violations not to stop and to culture administrative sector, and police organ reported of; (three) not by provides check, and registration Internet consumers of effective ID pieces or records about Internet information of; (four) not by provides time save registration content, and records backup, or in shelf life within modified, and delete registration content, and records backup of; (five) change name, and residence, and statutory representative people or main head, and registered capital, and network address or terminated business activities, not to culture administrative sector, and
    Police registration procedures or for the record.
    32nd article Internet Internet service business places business units violation this Ordinance of provides, has following behavior one of of, by police organ give warning, can and at 15000 Yuan following of fine; plot serious of, ordered closed reorganization, until by culture administrative sector revoked network culture business license: (a) using fire lighting or found smoking not stop, or not hanging ban smoking logo of; (ii) allows with into or store flammable, and easy burst items of;
    (C) at the place of installation of the closed door and window bars and (iv) business during the sealing or locking doors and Windows, safe evacuation routes or exits (v) without stopping the implementation of safety measures.
    33rd in violation of relevant state information network security and security management, fire management, industry and commerce administration, telecommunications management regulations, violate the criminal law, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, by the public security organs, administrative departments for industry and commerce, the Telecommunications Authority shall be subject to punishment in serious cases, the original permit issuing authority shall revoke the licence.
    Article 34th Internet online service business premises operating in violation of the provisions of this Ordinance, punishable by revocation of the administrative punishment of Internet culture operation license, shall be registered to the Administrative Department for industry and commerce in accordance with law changes or cancellation of registration; fails to go through, and by the Administrative Department for industry and commerce shall revoke business licenses.
    35th Internet online service business premises operating in violation of the provisions of this Ordinance, revoked an Internet culture operation license, revoked an Internet culture operation license within 5 years of the date, its legal representative or principal responsible Internet online service business premises must not operate units of the legal representative or principal responsible.
    Establishes Internet online service business premises and business units be banned, banned within 5 years of the date, its Chief may not serve as Internet service operating entities of the legal representative or principal responsible.
    Article 36th administrative penalties in accordance with the provisions of this Ordinance to a fine, in accordance with the provisions of relevant laws and administrative regulations, the implementation of separation of penalty decisions from collection of penalty; the fines collected and illegal gains must be turned over to the State Treasury. The fifth chapter by-laws 37th article of the regulations come into force on November 15, 2002.
                    On April 3, 2001, Ministry of information industry, Ministry of public security, Ministry of culture, the State administration for industry and Internet online service business premises issued regulations repealed at the same time.