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中华人民共 和国计算机信息网络国际联网管理暂行规定(英文版)

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Promulgation date

1997/05/20

Effective region

NATIONAL

Promulgator

State Council

Document no

Order of the State Council [1996] No. 195

Effectiveness

Effective

Effective date

1997/05/20

Category

Computer & Internet ( Science & Technology Law->Computer & Internet )


Interim Administrative Regulations of the People's Republic of China on International Networking of Computer Information Networks

Order of the State Council [1996] No. 195

May 20, 1997

Promulgated with the Order of the State Council [1996] No. 195 on February 1, 1996 and amended in accordance with the Decision of the State Council on the Amendment of the Interim Administrative Regulations of the People's Republic of China on International Networking of Computer Information Networks which is promulgated on May 20, 1997.

Article 1 These Regulations are formulated for the purpose of strengthening the administration over international networking of the computer information networks and safeguarding the sound development of international computer information exchange.

Article 2 The international networking of the computer information networks within the territory of the People's Republic of China shall be handled in accordance with these Regulations.

Article 3 The meanings of the following terms as mentioned in these Regulations shall be comprehended as follows:
1. The international networking of the computer information networks (hereinafter referred to as the international networking) refers to the connection between the computer information networks within the territory of the People's Republic of China and those abroad for the purpose of realizing international information exchange.
2. The internet network refers to the computer information network which is directly connected with the international network; the interconnected unit refers to the unit which is responsible for the operation of the internet network.
3. The access network refers to the computer information network which is connected to the internet network for international networking; the access unit refers to the unit which is responsible for the operation of access network.

Article 4 The State shall administrate the international networking in accordance with the principles of overall planning, unified standard, administration at different levels and promotion of development.

Article 5 The Leading Group for Information Technology Advancement under the State Council (hereinafter refers to as the Leading Group) shall be responsible for coordinating and resolving the major problems encountered in the international networking work.
The office of the Leading Group shall formulate detailed administrative measures in accordance with these Regulations, make clear the rights, duties and responsibilities of the suppliers of international inward and outward channels, interconnected units, access units and users, and are responsible for the inspection and supervision on the international networking.
(Related articles: one law or regulations)

Article 6 The international inward and outward channels provided by the national public telecommunication network of the Ministry of Post and Telecommunication shall be used when a computer information network is directly connected to the international network.
No unit or individual shall establish channels by itself or himself or use other channels for the international networking.
(Related articles: two laws or regulations)

Article 7 The established internet network shall, after being adjusted in accordance with the relevant provisions of the State Council, be managed by the Ministry of Post and Telecommunication, the Ministry of Electronics Industry, the State Education Commission and the Chinese Academy of Sciences respectively.
To establish a new internet network, a report shall be submitted to the State Council for approval.

Article 8 The access network shall be connected via the internet network for international networking.
To engage in the operation activities of international networking, the access unit shall apply to the competent department or authority of the interconnected unit, which has the authority to accept and deal with the applications for international networking operation activities, for the business certificate of international networking; those failing to acquire such business certificate shall not conduct business operations of international networking.
To engage in the non-operation activities of international networking, the access unit shall apply to the competent department or authority of the interconnected unit, which has the authority to accept and deal with the applications for international networking operation activities, for the business certificate of international networking; those failing to acquire the business certificate of international networking shall not connect via the internet network for international networking. When applying for the business certificate of international networking or going through the procedures of examination and approval, the access unit shall provide materials concerning the nature, scope of application and host address of its computer information network.
The format of the business certificate of international networking shall be formulated by the Leading Group in a unified form.
(Related articles: one law or regulations)

Article 9 To engage in the operation or non-operation activities of international networking, the access unit shall meet the requirements as set forth below:
1. Being an enterprise as a legal person or an institution as a legal person established in accordance with the law;
2. Having corresponding computer information networks, equipment, technicians and management personnel;
3. Having sound safety and confidentiality management systems and technical protection measures; and
4. Meeting other requirements as specified by the law and the State Council.
To engage in the operation activities of international networking, the access unit shall not only meet the requirements as specified in the preceding items of this Article, but also be capable of providing long-term services to the users.
In case the conditions of the access unit engaging in the operation activities of international networking change and no longer meet the requirements as specified in Item 1 and 2 of this Article, its business certificate of international networking shall be revoked by the issuing authority; in case the conditions of the access unit engaging in the non-operation activities change and no longer meet the requirements as specified in Item 1 of this Article, its qualification of connecting to the international network shall be revoked by the examination and approval authority.
(Related articles: one law or regulations)

Article 10 Where any computer or computer information network used by an individual, a legal person or any other organization (hereinafter referred to as the user) needs connecting to the international network, such computer or network shall be connected via the access network.
To connect the computer or computer information network prescribed in the preceding item of this Article to the access network, the user shall acquire the permit of the access unit and go through registration procedures.
(Related articles: one law or regulations)

Article 11 The supplying unit of international inward and outward channel, interconnected unit and access unit shall establish corresponding network management center, strengthen the management on themselves and their users in accordance with the law and relevant provisions of the State, improve the administration on the safety of network information and ensure the provision of good and safe services to the users.

Article 12 The interconnected unit and access unit shall be responsible for the technical training and management education on international networking of themselves and their users.

Article 13 Any unit or individual engaging in business of international networking shall abide by the relevant laws and administrative regulations of the State and strictly implement the safety and confidentiality systems. They shall not take advantage of international networking to conduct illegal and criminal activities which endanger the national security, disclose the state secrets, or produce, refer to, copy or spread the information contains the pornographic content.

Article 14 Those who violate Article 6, 8 or 10 of these Regulations shall be ordered to stop the networking, given a warning, and may be imposed upon with an additional fine of not more than RMB15,000 by the public security organizations; where there is any illegal gain, such gain shall be confiscated.
(Related articles: six laws or regulations)

Article 15 Those who violate these Regulations and other relevant laws and administrative regulations simultaneously shall be punished in accordance with the relevant laws and administrative regulations; where a crime is constituted, their criminal responsibilities shall be investigated and fixed in accordance with the law.

Article 16 The connection with the computer information networks in Taiwan, Hong Kong and Macau shall be carried out by referring to these Regulations.

Article 17 These Regulations shall enter into force as of the date of promulgation.

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(***In accordance with the Decision of the State Council on the Cancellation of the Second Batch of Items Requiring Administrative Examination and Approval and the Alteration of the Administration Mode of the First Batch of Items Requiring Administrative Examination and Approval (Guo Fa [2003] No. 5) promulgated on February 27, 2003, the Ministry of Construction has already canceled the examination and verification of the website name of the construction industry. ***)

 

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