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Announcement on the website filing of the website of Chaoyang District of Beijing with the public security organs

Dear Customer: Hello:

According to the "People's Republic of China Computer Information System Security Protection Regulations", "Administrative Measures for the Security Protection of Computer Information Network International Networking" (Decree No. 33 of the Ministry of Public Security), the "Notice of the Ministry of Public Security on the Recording Work of Computer Information Systems with International Networking" Relevant laws and regulations stipulate that all Internet access units, information service units, and units (or individuals) connected to the Internet within the administrative region of Beijing's Chaoyang District should go to the local public security within 30 days after the network is officially connected. Registration and filing of the department's network security department. According to Article 23 of the "Administrative Measures for the Security Protection of Computer Information Network International Networking": If the violation of Article 11 and Article 12 of these Measures and fails to perform the record-keeping duties, the public security organ will give a warning or stop and rectify for less than six months Punishment.

The filing process of the networked unit of Beijing Chaoyang Public Security Bureau is as follows:
First, the materials required for the record
1. "Beijing Public Security Bureau Computer Information Network International Networking Unit Record Form", please truthfully fill in the information in the form and affix the official seal (signature of the personal website), fill in the form with the website as a unit, each website in duplicate.
2. Copy of business license (except personal website);
3. Copy of legal person's identity document;
4. Ministry of Industry and Information Technology's ICP filing permission certificate: if it is a business ICP, submit a copy of the ICP license; for non-operational ICP filing websites, please grab the website's filing information page in the ICP filing inquiry system of the Ministry of Industry and Information, print a screenshot and stamp the company's official seal Signature of the main responsible person of the personal website) as proof. (The registration query website of the Ministry of Industry and Information Technology: http://bcainfo.miitbeian.gov.cn/publish/query/indexFirst.action – record query – record information query – enter the corresponding information and take a screenshot of the record information).  
5. The "Network Security Responsibility Letter" is affixed with the official seal or signature.
Special instructions <br /> Except for the first two copies, each of the two three-four-five items is one with the official seal (personal website, please sign the main person in charge). For details, you can also call the Beijing Chaoyang Branch Cyber Security Team.
Second, the filing process <br /> The first step: the "Beijing Public Security Bureau Computer Information Network International Networking Units Record Form" in duplicate and "Network Security Defense Responsibility Form" in duplicate, with the official seal after completion The personal website is signed by the person in charge. The content must be true and valid!
Step 2: Bring the following documents to the window of the Beijing Municipal Public Security Bureau Chaoyang Branch Bureau Network Security Defense Brigade to apply for review on the spot
《北京市公安局计算机信息网络国际联网单位备案表》,如实填写表格内信息并加盖公章(个人网站签字),以网站为单位填表,每个网站一式两份。 1. "Beijing Public Security Bureau Computer Information Network International Networking Unit Record Form", truthfully fill in the information in the form and affix the official seal (signature of the personal website), fill in the form with the website as a unit, each website in duplicate.
工商营业执照副本复印件(个人网站除外); 2. Copy of business license (except personal website);
网络安全责任书加盖公章或签字。 3. The cyber security responsibility letter is affixed with the official seal or signature.
法人(个人网站所有人)身份证件复印件(正反面) 4. Legal person (personal website owner) ID copy (front and back)
5 . 备案许可证明:若是经营性ICP ,提交ICP许可证复印件;非经营性ICP通过信产部ICP备案系统网上备案的,应进入系统抓取显示本公司备案信息的页面,截屏打印并加盖公司公章(个人网站主要负责人签字)作为证明。 Certificate of ICP filing permission of the Ministry of Industry and Information Technology: if it is a business ICP , submit a copy of the ICP license; if a non-operational ICP is filed online through the ICP filing system of the Ministry of Industry and Information Technology, it should enter the system to capture the page displaying the company's filing information. Stamp the company's official seal (signed by the person in charge of the personal website) as proof. 公共查询备案查询输入相应信息截屏)。 (Ministry of Industry and Information Technology website www.miitbeian.gov.cn- public inquiry - record inquiry - screenshot of entering the corresponding information).
公共查询(右上方),查询备案信息。 Step 3: Log in to Chaoyang Police Work Website http://gawa.bjchy.gov.cn/public inquiry (top right) two weeks after submitting the materials to inquire the record information. 预约取备案回执表的时间。 After finding the record number, hang the record number at the bottom of the homepage of the filed website for inspection by the public security organ, and then add QQ: 5741355 to make an appointment to get the record receipt time.
Relevant contact information for the record on the website of Beijing Chaoyang Public Security Bureau:
Acceptance of record filing unit: Beijing Chaoyang Public Security Branch Network Security Guard Brigade Recording work consultation telephone: 010-85953862, 85953851, 85953740
According to the requirements of Beijing Chaoyang Public Security Bureau, please file the public security website as soon as possible and complete it within seven working days from the date of receiving this notice. If not filed within the prescribed time, the website may be shut down. Thank you!
reference document:
"People's Republic of China Computer Information System Security Protection Regulations"  
"Administrative Measures for the Security Protection of Computer Information Network International Networking" (Decree No. 33 of the Ministry of Public Security)  
Notice of the Ministry of Public Security on the Recording of Computer Information Systems with International Networks

Computer Information of the People's Republic of China

(Promulgated by Order No. 147 of the State Council of the People's Republic of China on February 18, 1994, revised in accordance with the "Decision of the State Council on Abolishing and Amending Certain Administrative Regulations" of January 8, 2011)
Chapter I General Provisions
Article 1 These Regulations are formulated in order to protect the security of computer information systems, promote the application and development of computers, and ensure the smooth progress of socialist modernization.
Article 2 The computer information system referred to in these regulations refers to a computer and its related and supporting equipment, facilities (including the network), which collect, process, store, and transmit information in accordance with certain application goals and rules. , Retrieval and other processing man-machine system.
Article 3: The security protection of computer information systems shall guarantee the security of computers and related and supporting equipment and facilities (including networks), the security of operating environments, the security of information, and the normal functioning of computer functions to maintain computers. Safe operation of information systems.
Article 4: The security protection of computer information systems focuses on maintaining the security of computer information systems in important areas such as national affairs, economic construction, national defense construction, and cutting-edge science and technology.
Article 5: These regulations apply to the security protection of computer information systems in the People's Republic of China.
Measures for security protection of non-networked microcomputers shall be formulated separately.
Article 6: The Ministry of Public Security is responsible for the security protection of computer information systems across the country.
The Ministry of National Security, the State Secrecy Bureau and other relevant departments of the State Council shall do a good job in the protection of computer information systems within the scope of their duties as prescribed by the State Council.
Article 7: No organization or individual may use computer information systems to engage in activities that endanger national interests, collective interests, and the legitimate interests of citizens, and shall not endanger the security of computer information systems.
Chapter II Security Protection System
Article 8: The construction and application of computer information systems shall comply with laws, administrative regulations and other relevant state regulations.
Article 9: Computer information systems are subject to security level protection. The classification standards for security levels and specific measures for security level protection shall be formulated by the Ministry of Public Security in conjunction with relevant departments.
Article 10: The computer room shall comply with national standards and relevant national regulations.
Construction near the computer room must not endanger the security of the computer information system.
Article 11 : Computer information systems for international networking shall be reported by the units using the computer information systems to the public security organs of the people's governments at or above the provincial level.
Article 12: When transporting, carrying, or mailing computer information media into or out of the country, it shall truthfully declare to the customs.
Article 13 (1 ) The unit using the computer information system shall establish and improve a security management system, and shall be responsible for the security protection of the computer information system of the unit.
Article 14: For cases occurred in the computer information system, the relevant user units shall report to the public security organs of the local people's government at or above the county level within 24 hours.
Article 15: The prevention and control of computer viruses and other harmful data that endangers the public safety of society shall be under the centralized management of the Ministry of Public Security.
Article 16 The State implements a license system for the sale of special computer security products. Specific measures shall be formulated by the Ministry of Public Security in conjunction with relevant departments.
Chapter III Safety Supervision
Article 17: Public security organs exercise the following supervisory functions and powers over the security protection of computer information systems:
              (1) to supervise, inspect and guide the security protection of computer information systems;
              (2) Investigating and prosecuting crimes that endanger the security of computer information systems;
              (3) Perform other supervisory duties of security protection of computer information systems.
Article 18 When public security organs discover hidden dangers that affect the security of computer information systems, they shall promptly notify the user unit to take security protection measures.
Article 19 The Ministry of Public Security may issue special general orders on specific matters related to the security of computer information systems in emergency situations.
Chapter IV Legal Liability
Article 20: Anyone who violates the provisions of these regulations and commits one of the following acts shall be given a warning or stopped by the public security organ for rectification:
              (1) Violating the security protection system of computer information systems and endangering the security of computer information systems;
              (2) Violating the international network filing system of computer information systems;
              (3) Failure to report cases in the computer information system according to the prescribed time;
              (4) refusing to make improvements within the time limit after receiving a notice from the public security organ requesting improvement of the security situation;
              (5) Other acts that endanger the security of the computer information system.
Article 21: If the computer room does not meet the national standards and other relevant national regulations, or if the construction of the computer room near the computer room endangers the security of the computer information system, the public security organs shall deal with it in conjunction with the relevant units.
Article 22 (1) Transporting, carrying, or mailing computer information media into or out of the country that fails to make a true declaration to the customs shall be handled by the customs in accordance with the "Customs Law of the People's Republic of China" and these regulations and other relevant laws and regulations.
Article 23 Whoever deliberately enters computer viruses and other harmful data to endanger the security of computer information systems, or sells special products for computer information system security without permission, shall be given a warning by the public security organ or a fine of less than 5,000 yuan for individuals and units A fine of not more than 10,000 yuan shall be imposed; if there is illegal income, in addition to confiscation, a fine of 1 to 3 times the illegal income may be imposed.
Article 24. Whoever violates the provisions of these regulations and constitutes a violation of public security management shall be punished in accordance with the relevant provisions of the "Policy of Public Security Administration of the People's Republic of China"; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Article 25: Any organization or individual who violates the provisions of these regulations and causes damage to the property of the state, collective or others shall bear civil liability according to law.
Article 26 If a party is dissatisfied with a specific administrative action made by a public security organ in accordance with these Regulations, it may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Article 27 (1 ) National civil servants implementing these Regulations shall use their powers to solicit, accept bribes, or commit other crimes or dereliction of duty, which constitutes a crime, and shall be investigated for criminal responsibility in accordance with the law; if they do not constitute a crime, administrative sanctions shall be imposed.
Chapter V Supplementary Provisions
Article 28: The meaning of the following terms in these regulations:
              A computer virus refers to a set of computer instructions or program code compiled or inserted into a computer program that destroys computer functions or destroys data, affects the use of the computer, and is capable of self-replication.
              Computer information system security special products refer to special hardware and software products used to protect the security of computer information systems.
Article 29. The protection of computer information systems in the army shall be implemented in accordance with the relevant laws and regulations of the army.
Article 30 The Ministry of Public Security may formulate implementation measures in accordance with these regulations.
Article 31: These regulations come into effect on the date of promulgation.

Measures for the Administration of Telecommunications Business Licenses

Decree of the Ministry of Industry and Information Technology of the People's Republic of China
No. 5
The "Administrative Measures for the Telecommunications Business License" has been deliberated and approved by the 6th Ministerial Meeting of the Ministry of Industry and Information Technology of the People's Republic of China on February 4, 2009, and is now promulgated for implementation on April 10, 2009. The former Measures for the Administration of Telecommunications Business Licenses promulgated by the former Ministry of Information Industry of the People's Republic of China on December 26, 2001 (Decree No. 19 of the Ministry of Information Industry of the People's Republic of China) was repealed simultaneously.
Minister Li Yizhong March 5, 2009
Measures for the Administration of Telecommunications Business Licenses
Chapter I General Provisions
Article 1 To strengthen the management of telecommunications business licenses, these Measures are formulated in accordance with the Telecommunication Regulations of the People's Republic of China and other laws and administrative regulations.
Article 2 These Measures apply to the application, approval and management of telecommunications business licenses (hereinafter referred to as business licenses) within the territory of the People's Republic of China.
Article 3: The Ministry of Industry and Information Technology of the People's Republic of China (hereinafter referred to as the Ministry of Industry and Information Technology) and the Communications Administration of the provinces, autonomous regions and municipalities (hereinafter collectively referred to as the telecommunications management agencies) are the examination and approval management agencies for business licenses.
Telecommunications management agencies shall follow the principles of convenience, efficiency, openness, fairness and impartiality in the examination and approval of business licenses.
Article 4: To operate telecommunications services, a business license issued by a telecommunications management agency shall be obtained in accordance with the law.
In the telecommunication business operation activities, telecommunication business operators shall abide by the provisions of business licenses and accept and cooperate with the supervision and management of telecommunication management agencies.
Operators of telecommunications services operating telecommunications services in accordance with the provisions of their operating licenses are protected by national law.
Chapter II Application for Business License
Article 5: An application for operating basic telecommunications services shall meet the following conditions:
(1) The operator is a company established in accordance with law and specializing in basic telecommunications business, and the company's state-owned equity or shares are not less than 51%.
(2) There are business development research reports and networking technical solutions.
(3) There are funds and professionals suitable for engaging in business activities.
(4) There are sites, facilities and corresponding resources for engaging in business activities.
(5) Have the credibility or ability to provide users with long-term services.
(6) The minimum registered capital shall be RMB 100 million for operating within the province, autonomous region, and municipality; the minimum registered capital shall be RMB 1 billion for operating within the country or across provinces, autonomous regions, and municipalities.
(7) The company, its main investors and main operating managers have no illegal record of violating the telecommunications supervision and management system within three years.
(8) Other conditions stipulated by the state.
Article 6: Those who apply for value-added telecommunications services shall meet the following conditions:
(1) The operator is a company established according to law.
(2) There are funds and professionals suitable for carrying out business activities.
(3) Have the credibility or ability to provide users with long-term services.
(4) For operating in the province, autonomous region, and municipality, the minimum registered capital is 1 million yuan; for operating in the country or across provinces, autonomous regions, and municipalities, the minimum registered capital is 10 million yuan.
(5) There are necessary sites, facilities and technical solutions.
(6) The company, its main funders and main operating managers have no illegal record of violating the telecommunications supervision and management system within three years.
(7) Other conditions stipulated by the state.
Article 7: Whoever applies for a basic telecommunications business license shall submit the following application materials to the Ministry of Industry and Information Technology:
(1) Written application signed by the legal representative of the company for operating basic telecommunication services. The content includes: the type of application for operating telecommunications services, business coverage, company name, company communication address, postal code, contact person, contact phone number, e-mail address, etc.
(2) A copy and photocopy of the company's corporate legal person business license.
(3) Company profile. Including the basic situation of the company, the establishment and management of the telecommunications business, the technical force and management personnel, and the site and facilities suitable for operating activities.
(4) The company's annual financial accounting report or capital verification report of the corporate legal person recently audited by an accounting firm, and other relevant accounting information as required by the Ministry of Industry and Information Technology.
(5) The company's articles of association, the company's shareholding structure and relevant information about shareholders.
(6) Research report on business development. Including: business development and implementation plans for applying for telecommunications business, service projects, business coverage, charging schemes, expected service quality, and benefit analysis.
(7) Networking technical plan. Including: network structure, network scale, network construction plan, network interconnection plan, technical standards, telecommunication equipment configuration, telecommunication resource usage plan, etc.
(8) Measures to provide users with long-term services and quality assurance.
(9) Network and information security measures.
(10) Relevant materials to prove the company's credibility.
(11) A letter of undertaking signed by the legal representative of the company to operate the telecommunications business in accordance with the law.
Applicants who have not yet obtained the business license of an enterprise legal person shall submit a notice of pre-approval of the company name of the company without submitting the materials specified in items (2) and (10) of the preceding paragraph. For the written application stipulated in item (1) of the preceding paragraph and the letter of commitment stipulated in item (11), all shareholders shall sign the plan if they intend to establish a limited liability company, and all promoters shall sign the plan .
Article 8: Whoever applies for a value-added telecommunications business license shall submit the following application materials to the telecommunications management agency:
(1) Written application signed by the legal representative of the company for operating value-added telecommunications services. The content includes: the type of application for operating telecommunications services, business coverage, company name, company communication address, postal code, contact person, contact phone number, e-mail address, etc.
(2) A copy and photocopy of the company's corporate legal person business license.
(3) Company profile. Including: the basic situation of the company, personnel, venues and facilities to be engaged in value-added telecommunications business.
(4) The company's annual corporate financial report or capital verification report recently audited by an accounting firm and other relevant accounting information required by the telecommunications management agency.
(5) The company's articles of association, the company's shareholding structure and relevant information about shareholders.
(6) Apply for business development, implementation plans and technical plans for operating telecommunications services.
(7) Measures to provide users with long-term services and quality assurance.
(8) Information security measures.
(9) Relevant materials to prove the company's credibility.
(10) A letter of undertaking signed by the legal representative of the company to operate the telecommunications business in accordance with the law.
If the telecommunication service applied for is required to be reviewed and approved in advance by the relevant competent authority in accordance with laws, administrative regulations and relevant national regulations, it shall submit the documents approved and approved by the relevant competent authority.
Applicants who have not yet obtained the business license of an enterprise legal person shall submit a notice of pre-approval of the company name of the company without submitting the materials specified in items (2) and (9) of the preceding paragraph. For the written application stipulated in item (1) of the preceding paragraph and the letter of commitment stipulated in item (10), all shareholders shall sign the agreement; if they intend to establish a company limited by shares, they shall be signed by all the promoters.
Chapter III Examination and Approval of Business License
Article 9: Business licenses are divided into two categories: "basic telecommunications business license" and "value-added telecommunications business license." Among them, the "Value-added Telecommunications Business License" is divided into "Transregional Value-added Telecommunications Business License" and "Province, Autonomous Regions, and Municipalities" within the scope of "Value-added Telecommunications Business License."
The Basic Telecommunications Business License and the Transregional Value-added Telecommunications Business License are approved by the Ministry of Industry and Information Technology. The "Value-added Telecommunications Business License" within the province, autonomous region, and municipality is examined and approved by the Communications Administration of the province, autonomous region, and municipality.
The telecommunications business license of a foreign-invested telecommunications enterprise shall be examined and approved by the Ministry of Industry and Information Technology in accordance with the "Regulations on the Administration of Foreign-invested Telecommunication Enterprises".
Article 10: The Ministry of Industry and Information Technology shall examine the application materials for applying for basic telecommunication services. If the application materials are complete and conform to the legal form, a notice of acceptance of the application shall be issued to the applicant. If the application materials are incomplete or do not conform to the legal form, the applicant shall be notified on the spot or once within five days of all the content that needs to be corrected.
After the Ministry of Industry and Information Technology accepts the application, it shall organize experts to review the application materials of Article 7 (1) (6) and (7) to form a review opinion.
The Ministry of Industry and Information Technology shall complete the review within 180 days from the date of acceptance of the application. If approved, a Basic Telecommunications Business License will be issued. In case of disapproval, the applicant shall be notified in writing and explain the reasons.
Article 11: Telecommunication management agencies shall review application materials for applying for value-added telecommunications services. If the application materials are complete and conform to the legal form, a notice of acceptance of the application shall be issued to the applicant. If the application materials are incomplete or do not conform to the legal form, the applicant shall be notified on the spot or once within five days of all the content that needs to be corrected.
The telecommunications management agency shall complete the review within 60 days from the date of receipt of the application and make a decision on whether to approve or not. If it is approved, it shall issue the "Cross-regional Value-added Telecommunications Business License" or the "Value-added Telecommunications Business License" within the province, autonomous region and municipality. In case of disapproval, the applicant shall be notified in writing and explain the reasons.
Article 12: The business license consists of the approval document and the license from the issuing authority.
The approval documents of the license-issuing authority include documents such as the provisions on the use of business licenses, the rights and obligations of operators, special provisions, annual inspections, and illegal record forms. The original license-issuing authority may add corresponding content in accordance with the regulations of the Ministry of Industry and Information Technology according to management needs.
The license shall clearly state the company name, legal representative, business type, business coverage, validity period, issuing authority and date of issuance, issuer, business license number, etc.
The specific content of the business license shall be separately formulated by the Ministry of Industry and Information Technology in accordance with the law. The Ministry of Industry and Information Technology may adjust the content of the telecommunications business license according to the actual situation and re-publish it.
Article 13 The validity period of the Basic Telecommunications Business License is divided into 5 and 10 years according to the type of telecommunications business.
The validity period of the "Trans-regional Value-added Telecommunications Business Operation Permit" and the "Value-added Telecommunications Business Operation Permit" within the provinces, autonomous regions and municipalities is valid for 5 years.
Article 14 The Basic Telecommunications Business License, the Transregional Value-added Telecommunications Business License, and the telecommunications business license of a foreign-invested telecommunications company shall be issued by the Minister of Industry and Information Technology.
The "Value-added Telecommunications Business License" within the province, autonomous region, and municipality is issued by the director of the Communications Administration of the province, autonomous region, and municipality.
Article 15: The business license shall be obtained by the legal representative of the company, or it shall be obtained by its authorized agent on the basis of a power of attorney.
Chapter IV Use of Business License
Article 16 (1) A company approved to operate telecommunications services shall operate telecommunications services in accordance with the types of telecommunication services specified in the business license, within the prescribed business coverage and period, and in accordance with the provisions of the business license.
Article 17: A company approved to operate telecommunications business shall go through the registration formalities for company change with the industrial and commercial administrative organs with a business license.
Those who have been approved to operate radio communication services shall apply to the radio regulatory agency for radio frequency use procedures with a business license.
Article 18: Companies approved to operate telecommunications services across regions shall, in accordance with the requirements of operating licenses, establish branches or subsidiaries in the corresponding provinces, autonomous regions, and municipalities to conduct telecommunications services.
Among the subsidiaries of basic telecommunications business operators, the proportion of state-owned equity or shares shall be in accordance with the relevant national telecommunications laws and administrative regulations.
Article 19: With the approval of the license-issuing authority, a company approved to operate telecommunications business may authorize its subsidiaries holding not less than 51% of the shares and meeting the requirements for operating telecommunications business to operate its approved telecommunications business. The name, legal representative, business type, and business coverage of the subsidiary shall be specified by the license-issuing authority on the attached page of the business license certificate of the company authorized to operate the telecommunications business. Two or more subsidiaries cannot be authorized to operate the same telecommunications business in a region.
Article 20 (1) A company that is approved to operate basic telecommunications services or operate value-added telecommunications services across regions shall go to the relevant provincial, autonomous region, and municipality communications administration bureau for filing procedures with its business license, and submit the following filing materials:
(1) Information on the corresponding institutions responsible for local business operations, customer service and other matters. The content includes: the name, correspondence address, postal code, contact person, contact phone number, e-mail address, etc. of the corresponding organization responsible for the business operations, customer service, and other affairs of the company where the record is filed.
(2) Copy of business license.
(3) Copies of business licenses, articles of association and other relevant materials of the corresponding agencies responsible for local business operations, customer service and other matters.
(4) Plans for conducting business locally.
Provincial, Autonomous Region, and Municipality Administration of Communications shall, after receiving the filing materials specified in the preceding paragraph, complete the materials, and shall issue a confirmation letter of the filing within 15 days, and report to the Ministry of Industry and Information Technology. If the materials are incomplete, all the contents that need to be corrected should be notified in writing within 5 days.
Those who have not gone through the formalities of record filing shall not be allowed to operate telecommunications services locally. The organization responsible for local business operations, customer service, and other matters may be the company approved to operate the telecommunications business itself or an organization established in a relevant province, autonomous region, or municipality outside the place of record, but it shall meet the requirements of a business license.
If the materials listed in the first paragraph are changed, the corresponding agencies responsible for local business operations, customer service and other matters shall report to the local province, autonomous region, municipality directly under the Central Government Communications Authority and the issuing authority within 20 days.
Article 21: Except where there are special provisions in the business license, the telecommunications business operator shall provide telecommunications services within one year after obtaining the business license in accordance with the types of services and business coverage specified in the business license. Where telecommunication services cannot be provided within one year, the reasons shall be provided and stated when applying for a business license, which shall be reported to the telecommunications management agency for approval, and special provisions shall be made in the business license.
Article 22: No unit or individual may forge, alter, misuse or transfer the business license in any way.
Chapter V Norms of Business Conduct
Article 23 Operators of basic telecommunications services shall provide telecommunications services and telecommunication resources required by companies that have obtained operating licenses to operate related telecommunications services in accordance with the principles of openness and equality. Units or individuals provide telecommunication resources for operating telecommunication services or provide network access and business access services.
Article 24: Telecommunications business operators shall not engage in unfair competition in any way.
Article 25 Basic telecommunication business operators who provide network access, agency fees and business cooperation to value-added telecommunication business operators shall regulate and manage the content, tariffs and charges, and cooperative behavior of the corresponding value-added telecommunication business, and Establish corresponding detection, supervision and disposal systems and measures.
Article 26: If the basic telecommunications business operator adjusts the cooperation conditions and agreements with the value-added telecommunications business operator, he shall notify the relevant value-added telecommunications business operator in advance and fully listen to his opinions.
Relevant opinions and records shall be kept and provided during the supervision and inspection by the telecommunications management agency.
Article 27 (1) Operators of value-added telecommunications services that provide website access services shall abide by the following regulations:
(1) Telecom resources such as network access provided by basic telecommunication business operators who have obtained corresponding operating licenses shall be leased for business operations, and they shall not sublease the network access obtained by other value-added telecommunication business operators engaged in website access services. Incoming telecommunications resources.
(2) Do not provide services such as access or fee collection for unauthorized or undocumented websites.
(3) Establish a corresponding business management system for website license management and record management in accordance with the provisions of the telecommunications management agency, implement dynamic maintenance and update of user information on behalf of the filing website, and regularly report to the telecommunications management agency to the website management office Information needed.
(4) Supervising the dissemination of illegal information by the websites accessed, and if it is found that the dissemination of information clearly belongs to Article 57 of the "Telecommunications Regulations of the People's Republic of China", services such as access and charging should be stopped immediately, Record and report to the relevant state authorities.
(5) Terminating or suspending access to illegal websites in accordance with the requirements of telecommunications management agencies.
Article 28. Telecommunication management agencies shall establish a system of record and publicity of illegal acts of telecommunication business operators, and implement key supervision of telecommunication business operators with records of illegal acts.
When providing basic network telecommunications business operators with value-added telecommunications business operators with network access, fee collection and business cooperation, they shall consider the records of illegal acts published by telecommunications management agencies.
Article 29 (1) The telecommunications management agency shall establish a telecommunications business market monitoring system. Relevant telecommunication business operators shall report the corresponding monitoring information to the telecommunications management agency in accordance with regulations.
Chapter VI Alteration and Cancellation of Business License
Article 30 If the business license expires and needs to continue operating, it shall apply to the original license issuing authority for renewal of the operating license 90 days in advance; if it no longer continues to operate, it shall report to the original license issuing authority 90 days in advance, and After work.
Article 31 A company that has obtained a telecommunications business license or a subsidiary authorized by it to operate a telecommunications business encounters a merger or division, a change in the shareholders of a limited liability company, a transfer of business operation rights, and other situations that require changes in the business entity or business If the scope needs to be changed, an application shall be submitted to the original license-issuing authority within 30 days from the date of the company's decision, and the implementation can only be implemented after approval.
Among them, those involving changes in the shareholders of a limited liability company and the transfer of business operation rights shall meet the following conditions:
(1) The changed company shall meet the conditions stipulated in Articles 5 and 6 of these Measures.
(2) When the application was filed, the company's business was opened and there was no violation of the telecommunications supervision and management system.
Article 32 (1) If the company name or legal representative is changed within the validity period of the business license, it shall apply to the original license-issuing authority for the procedures for changing the business license of the telecommunications business within 30 days after completing the company's business change registration.
Article 33 (1) In the validity period of a business license, if a telecommunications business operator needs to terminate its business, it shall meet the following conditions:
(1) Termination of basic telecommunications business shall conform to the overall management of the telecommunications industry as determined by the telecommunications regulatory agency.
(2) There are feasible solutions for proper handling of users and proper treatment of users' aftermath.
Article 34 (1) In the period of validity of a business license, if a telecommunications business operator needs to terminate its business, it shall submit the following application materials to the original license issuing authority:
(1) A written application for termination of telecommunications business signed and sealed by the legal representative of the company. The content includes: company name, contact information, business license number, telecommunication business type for which application for termination of business, business coverage, etc.
(2) The decision of the company's shareholders meeting to agree to terminate the telecommunications business.
(3) A letter of commitment signed by the legal representative of the company to do a good job in the user's aftercare.
(IV) Explanation of the company's situation on resolving customer aftercare issues. The content includes: user treatment plan, social publicity situation description, user opinion summary, implementation plan, etc.
(5) The original telecommunications business license of the company and a copy of the business license of the enterprise legal person.
After receiving the application to terminate the telecommunications business, the original issuing authority shall publicize it to the public. The publicity period is 30 days. Within 60 days from the end of the publicity period, the original license-issuing authority should complete the review and make a decision to approve or disapprove. For those who meet the conditions for exiting the telecommunications business market, the original license-issuing authority shall grant approval to withdraw and cancel the telecommunications business license, or cancel the corresponding type of telecommunications business or telecommunications business coverage; for those that do not meet the conditions for exiting the telecommunications business market, the original The license-issuing authority shall disapprove and notify the applicant in writing and explain the reasons.
For applications for termination of basic telecommunications business or cross-regional value-added telecommunications business, the Ministry of Industry and Information Technology shall copy the decision of approval or disapproval to the Communications Administration of the relevant province, autonomous region, or municipality directly under the Central Government, or the communications management of the relevant province, autonomous region, or municipality. The Bureau shall cancel the corresponding telecommunications business operation license for the record according to law.
Article 35. If the telecommunications business operator is punished by the relevant authorities according to law and cannot continue to operate the telecommunications business, the original license-issuing authority shall revoke and cancel its business license.
Article 36 After the license-issuing authority revokes or cancels the business license of the telecommunications business operator, it shall notify the corresponding industrial and commercial administrative authority and make it public.
Where the license-issuing authority revokes, revokes or cancels the business license of the telecommunications business operator, which involves the aftermath of the user, it may designate a business undertaking unit through tendering.
Companies whose business licenses have been revoked or cancelled should go through the relevant formalities in time with the corresponding industrial and commercial administrative authorities.
Chapter VII Supervision and Inspection of Business License
Article 37: The license-issuing authority shall implement an annual inspection system for business licenses. The telecommunications business operator shall submit the following annual inspection materials to the original issuing authority in the first quarter of the year following the reporting year:
(1) Operation of the telecommunications business during the year; network construction, business development, personnel and agency changes; service quality; implementation of relevant regulations of the state and telecommunications management agencies, etc.
(2) A copy of the company's corporate legal person business license.
(3) Other materials required by the issuing authority.
Article 38 The Communications Management Bureau of the Province, Autonomous Region, and Municipality directly under the Central Government shall supervise and inspect the relevant situation of the telecommunications business carried out by inter-regional telecommunications operators in the local area and report the results of the inspection to the Ministry of Industry and Information Technology.
Article 39 When the license-issuing agency conducts the annual inspection of the business license, it shall conduct a comprehensive review of the materials submitted by the telecommunications business operators, and shall review its business entities, business behaviors, telecommunications facilities, telecommunications tariffs and service quality, and implement the state. Check with the relevant regulations of the telecommunications management agency.
Those who participate in the annual inspection on time and meet the requirements of the annual inspection shall be qualified for the annual inspection. If the company fails to participate in the annual inspection or the annual inspection items do not meet the requirements, the telecommunications management agency shall order correction and give corresponding administrative penalties in accordance with the law; if it is corrected on time, it shall pass the annual inspection after rectification;
The results of the annual inspection and punishment shall be recorded in the "Annual Inspection and Illegal Records" attached to the business license, and shall be announced to the society and notified to the administrative authorities for industry and commerce.
Article 40: The telecommunications management agency shall carry out annual inspections and other supervision and inspections on business licenses, and shall not obstruct the normal production and operation activities of telecommunication business operators, and shall not charge any fees.
When a telecommunications management agency conducts annual inspections and other supervision and inspections on business licenses, it shall record the situation and results of the supervision and inspection, and shall be filed after being signed by the supervision and inspection personnel. The public has the right to inspect the supervision and inspection records.
Operators of telecommunication services shall provide users with safe, convenient and stable services and fulfill the obligations of universal services in accordance with the service standards, tariff policies and regulations of the telecommunications regulatory agencies stipulated by the state; they shall not suspend or close operations without the approval of the license-issuing authority. . If a telecommunications business operator fails to perform the above-mentioned obligations, the telecommunications management agency shall order correction within a time limit, or take effective measures to urge it to fulfill its obligations according to law.
Chapter VIII Penalties
Article 41: Where the relevant information is concealed or false materials are provided to apply for a telecommunications business license, the telecommunications management agency will not accept or grant an administrative license and give a warning. The applicant shall not apply for the administrative license again within one year.
If a telecommunications business operation license is obtained by improper means such as deception or bribery, the telecommunications management agency revokes the administrative license, gives a warning, and imposes a fine of 5,000 yuan to 30,000 yuan depending on the circumstances. The applicant must not apply for the same again within three years. Administrative license; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 42 (1) Those who violate the provisions of Articles 16 and 31 of these Measures shall be punished in accordance with Article 70 of the "Telecommunications Regulations of the People's Republic of China".
Article 43: Anyone who violates Article 22 of these Measures shall be punished in accordance with Article 69 of the Telecommunication Regulations of the People's Republic of China.
Article 44: Whoever violates the provisions of Article 24 of this Law shall be punished in accordance with Article 72 of the "Telecommunications Regulations of the People's Republic of China".
Article 45 Violates Article 4, Paragraph 2, Article 18, Article 19, Article 20, Paragraph 3, Article 4, Paragraph 21, Article 23, Article Article 25, Article 26, Article 27, Article 30, Article 32, Article 34, and Article 37 shall be ordered and corrected by the telecommunications management agency and given Warning and imposed a fine ranging from 5,000 yuan to 30,000 yuan.
Article 46 If a party is not satisfied with the administrative license and administrative penalty decision made by the telecommunications management agency, it may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
If the party concerned does not apply for administrative reconsideration or file an administrative lawsuit after the deadline, and fails to perform the administrative penalty decision, the telecommunications management agency that made the administrative penalty decision shall apply to the people's court for enforcement.
Article 47 If a staff member of a telecommunications management agency neglects his duties, abuses his power, or engages in malpractices for personal gain in the management of a business license, which constitutes a crime, he shall be transferred to the judicial organ for criminal responsibility according to law; if the crime has not yet been constituted, the unit or The superior authority shall give administrative sanctions.
Chapter IX Supplementary Provisions
Article 48 The business license shall be uniformly printed by the Ministry of Industry and Information Technology.
Article 49: These Measures shall come into effect on April 10, 2009. The Measures for the Administration of Telecommunications Business Licenses (Decree No. 19 of the Ministry of Information Industry of the People's Republic of China) promulgated on December 26, 2001 shall be repealed simultaneously.

Internet Information Service Management Measures

(Promulgated by Order No. 292 of the State Council of the People's Republic of China on September 25, 2000, revised in accordance with the "Decision of the State Council on Abolishing and Amending Certain Administrative Regulations" of January 8, 2011)
Article 1: These measures are formulated in order to regulate Internet information service activities and promote the healthy and orderly development of Internet information services.
Article 2: When engaging in Internet information service activities within the territory of the People's Republic of China, these measures must be followed.
The Internet information services referred to in these measures refer to service activities that provide information to Internet users through the Internet.
Article 3: Internet information services are divided into two categories, operating and non-operating.
Operational Internet information services refer to service activities such as providing paid information to Internet users or making web pages through the Internet.
Non-operating Internet information services refer to the service activities of providing open and shared information to Internet users free of charge through the Internet.
Article 4: The state implements a licensing system for operating Internet information services; a filing system for non-operational Internet information services.
Those who have not obtained the permission or performed the filing procedures shall not engage in Internet information services.
Article 5: Those who engage in Internet information services such as news, publishing, education, health care, medicines, and medical devices must, in accordance with laws, administrative regulations, and relevant state regulations, be subject to review and approval by the relevant competent authority before applying for a business license or performing record filing procedures. It shall be reviewed and approved by the relevant competent authority according to law.
Article 6 In addition to engaging in business Internet information services, in addition to meeting the requirements stipulated in the "Telecommunications Regulations of the People's Republic of China", the following conditions must be met:
(1) Having a business development plan and related technical solutions;
(2) Having sound network and information security measures, including website security measures, information security and confidentiality management systems, and user information security management systems;
(3) If the service items fall within the scope of Article 5 of these Measures, the documents that have been approved by the relevant competent authority have been obtained.
Article 7: To engage in operating Internet information services, an application for a value-added telecommunications service business license for Internet information services (hereinafter referred to as a business license) shall be submitted to the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government or the competent information industry department of the State Council.
The telecommunications administrative agencies of provinces, autonomous regions, and municipalities directly under the Central Government or the competent information industry department of the State Council shall complete the review within 60 days from the date of receipt of the application and make a decision on approval or disapproval. If it is approved, it shall issue a business license; if it is not approved, it shall notify the applicant in writing and explain the reasons.
After the applicant obtains the business license, he shall go through the registration formalities with the enterprise registration authority with the business license.
Article 8: When engaging in non-operational Internet information services, they should go through the formalities of filing with the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government or the competent information industry department of the State Council. When filing for the record, the following materials shall be submitted:
(1) Basic information of the organizer and the person in charge of the website;
(2) website URL and service items;
(3) If the service item falls within the scope of Article 5 of these Measures, the consent document of the relevant competent authority has been obtained.
Provinces, autonomous regions, and municipalities directly under the Central Government's telecommunications management agencies should complete the filing materials and file them.
Article 9 (1) Those who are engaged in Internet information services and intend to launch an electronic bulletin service shall, when applying for a business Internet information service license or for non-business Internet information service filing, make a special application or special filing in accordance with relevant state regulations.
Article 10 The telecommunications management agencies of the provinces, autonomous regions, and municipalities directly under the Central Government and the competent information industry department of the State Council shall publish a list of Internet information service providers who have obtained business licenses or have completed the filing procedures.
Article 11: Internet information service providers shall provide services in accordance with the items that are licensed or recorded, and shall not provide services in excess of the items that are licensed or recorded.
Non-operating Internet information service providers shall not engage in paid services.
Internet information service providers who change service items, website URLs, and other matters should go through the change formalities with the original review, certification, or filing authority 30 days in advance.
Article 12: Internet information service providers shall indicate their business license number or record number in a prominent position on the homepage of their website.
Article 13 (1) Internet information service providers shall provide good services to Internet users and ensure that the information provided is legal.
Article 14 Internet information service providers engaged in news, publishing, electronic bulletin and other service items shall record the information provided and their release time, Internet address or domain name; Internet access service providers shall record the online time of online users , User account, Internet address or domain name, calling phone number, etc.
The backup of records of Internet information service providers and Internet access service providers shall be kept for 60 days and shall be provided when the relevant state organs make enquiries in accordance with the law.
Article 15: Internet information service providers shall not produce, reproduce, publish or disseminate information containing the following:
(1) objecting to the basic principles established by the Constitution;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Damage to national honor and interests;
(4) inciting ethnic hatred, ethnic discrimination, or disrupting national unity;
(5) Those who undermine the state's religious policies and preach cults and feudal superstitions;
(6) Spreading rumors, disrupting social order, and disrupting social stability;
(7) Disseminating obscenity, pornography, gambling, violence, homicide, terror or instigating crimes;
(8) Insulting or slandering others, and infringing on the legal rights and interests of others;
(9) Containing other contents prohibited by laws and administrative regulations.
Article 16 (1) If an Internet information service provider finds that the information transmitted on its website clearly belongs to one of the contents listed in Article 15 of these Measures, it shall immediately stop transmission, keep relevant records, and report to the relevant state organs.
Article 17 (1) Business Internet information service providers applying for listing in China or overseas or joint ventures or cooperation with foreign investors shall be reviewed and approved by the competent information industry department of the State Council in advance; the proportion of foreign investment shall comply with relevant laws and administrative regulations.
Article 18: The competent department of information industry under the State Council and the telecommunications management agencies of provinces, autonomous regions and municipalities directly under the Central Government shall supervise and manage Internet information services in accordance with the law.
Relevant authorities in charge of journalism, publishing, education, health, drug supervision, administration of industry and commerce, public security, national security, etc. shall, within the scope of their respective duties, supervise and manage the content of Internet information in accordance with the law.
Article 19 In violation of the provisions of these measures, without obtaining a business license, engaging in business Internet information services without authorization, or providing services beyond the permitted project, the telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government shall order correction within a time limit. , Confiscate the illegal income and impose a fine of 3 times to 5 times the illegal income; if there is no illegal income or the illegal income is less than 50,000 yuan, a fine of 100,000 yuan to 1 million yuan shall be imposed; if the circumstances are serious, the website shall be ordered to close.
In violation of the provisions of these Measures, failing to perform the filing procedures, engaging in non-operating Internet information services without authorization, or providing services beyond the filing of the project, the telecommunications management agencies of the province, autonomous region, or municipality directly under the Central Government shall order the correction within a time limit; .
Article 20: If any of the information listed in Article 15 of these Measures is produced, copied, published, or disseminated and constitutes a crime, criminal responsibility shall be investigated in accordance with the law; if it does not constitute a crime, the public security organ and the national security organ shall, in accordance with the "Chinese Law of the People's Republic of China on Penalty for Public Security Management, "Administrative Measures for the Security Protection of Computer Information Network International Networking" and other relevant laws and administrative regulations; punishment for operating Internet information service providers, and the license-issuing agency shall order them to suspend business for rectification until their operations are suspended The license shall notify the registration authority of the enterprise; the non-operating Internet information service provider shall be ordered to temporarily close the website until the website is closed.
Article 21 : If the obligations stipulated in Article 14 of these Measures are not fulfilled, the telecommunications management agencies of provinces, autonomous regions and municipalities shall order corrections; if the circumstances are serious, they shall be ordered to suspend business for rectification or temporarily close the website.
Article 22 In case of violation of the provisions of these Measures and failing to indicate its business license number or record number on the homepage of its website, the telecommunications administration agencies of provinces, autonomous regions, and municipalities directly under the Central Government shall order corrections and impose a fine of 5,000 yuan up to 50,000 yuan .
Article 23 In case of violation of the obligations stipulated in Article 16 of these Measures, the telecommunications management agencies of provinces, autonomous regions and municipalities shall order corrections; if the circumstances are serious, the business license shall be revoked by the license issuing authority Certificate, for non-operating Internet information service providers, and the filing authority ordered the website to be closed.
Article 24. In the course of their business activities, Internet information service providers who violate other laws and regulations shall be subject to the relevant laws and regulations by the competent authorities in charge of journalism, publishing, education, health, drug supervision and administration of industry and commerce, etc. Punishment.
Article 25. Telecommunication management agencies and other relevant authorities and their staff who neglect their duties, abuse their powers, engage in malpractices for personal gain, neglect the supervision and management of Internet information services, and cause serious consequences that constitute crimes, shall be investigated for criminal responsibility according to law; If it has not constituted a crime, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions of demotion, dismissal, and dismissal in accordance with law.
Article 26 (1) Those who engaged in Internet information services before the promulgation of these measures shall complete the relevant formalities in accordance with the relevant provisions of these measures within 60 days from the date of their promulgation.
Article 27: These Measures shall be implemented as of the date of promulgation.

Administrative Measures of the People's Republic of China on Computer Network Security Protection

(December 11, 1997 approved by the State Council Decree No. 33 of the Ministry of Public Security on December 16, 1997, revised in accordance with the "Decision of the State Council on Abolishing and Amending Certain Administrative Regulations" of January 8, 2011)
Chapter I General Provisions
Article 1 In order to strengthen the security protection of computer information network international networking, maintain public order and social stability, in accordance with the "People's Republic of China Computer Information System Security Protection Regulations", "People's Republic of China Computer Information Network International Networking Management Interim Regulations" and other Laws and administrative regulations provide for these measures.
Article 2 These Measures shall apply to the management of international network security protection of computer information networks in the People's Republic of China.
Article 3: The computer management and supervision agency of the Ministry of Public Security is responsible for the security protection management of the international networking of computer information networks.
The computer management and supervision agency of the public security organ shall protect the public safety of the international networking of computer information networks, and safeguard the legitimate rights and interests and public interests of units and individuals engaged in international networking business.
Article 4: No unit or individual may use international networking to jeopardize national security, leak state secrets, infringe on the national, social, collective interests and the legitimate rights and interests of citizens, or engage in illegal and criminal activities.
Article 5: No unit or individual may use the international network to produce, copy, inspect and disseminate the following information:
(1) Incitement to resist or undermine the implementation of the Constitution and laws and administrative regulations;
(2) inciting subversion of state power and overthrowing the socialist system;
(3) Incitement to split the country and undermine national unity;
(4) inciting ethnic hatred, ethnic discrimination, or disrupting national unity;
(5) Fabricating or distorting facts, spreading rumors, or disturbing social order;
(6) Propagating feudal superstition, obscenity, pornography, gambling, violence, homicide, terror, or instigating crimes;
(7) Blatantly insulting others or fabricating facts to slander others;
(8) Damage to the credibility of state organs;
(9) Other violations of the Constitution, laws and administrative regulations.
Article 6: No unit or individual may engage in the following activities that endanger the security of computer information networks:
(1) Entering a computer information network or using computer information network resources without permission;
(2) deleting, modifying or adding computer information network functions without permission;
(3) deleting, modifying, or adding data and applications stored, processed, or transmitted in a computer information network without permission;
(4) intentionally making and spreading destructive programs such as computer viruses;
(5) Others that endanger computer information network security.
Article 7: Users' freedom of communication and communication secrets are protected by law. No unit or individual may violate the provisions of the law and use the international network to infringe on users' communication freedom and communication secrets.
Chapter II Responsibility for Security Protection
Article 8 Units and individuals engaged in international networking business shall accept the security supervision, inspection and guidance of public security organs, truthfully provide information, data and data files on security protection to public security organs, and assist public security organs in investigating and dealing with computer information networks through international networking Crimes.
Article 9: The competent authority or competent authority of international inward and outward channel providers, interconnected units shall be responsible for the security protection and management of international inward and outward channels and the affiliated Internet in accordance with laws and relevant national regulations.
Article 10: Interconnected units, access units, and legal persons and other organizations using computer information networks for international networking shall perform the following security protection duties:
(1) Responsible for the security protection management of this network, and establish and improve the security protection management system;
(2) implement security protection technical measures to ensure the operational security and information security of the network;
(3) Responsible for security education and training of the users of this network;
(4) Registering units and individuals entrusted to release information, and reviewing the content of the information provided in accordance with Article 5 of these Measures;
(5) Establishing a user registration and information management system for a computer information network electronic bulletin system;
(6) If one of the situations listed in Articles 4, 5, 6, and 7 of these Measures is found, the original records shall be retained and reported to the local public security organ within 24 hours;
(7) In accordance with relevant national regulations, delete addresses, directories or servers in this network that contain the content of Article 5 of these Measures.
Article 11: When the user goes through the network access formalities at the access unit, the user should fill out a user filing form. The filing form is produced by the Ministry of Public Security.
Article 12 Interconnected units, access units, legal persons and other organizations using computer information networks for international networking (including inter-provincial, autonomous region, and municipality-connected units and affiliated branches) shall, within 30 days from the date when the network is officially connected , Go to the receiving authority designated by the public security organ of the people's government of the province, autonomous region, or municipality directly under the Central Government to handle the filing formalities.
The units listed in the preceding paragraph shall be responsible for reporting the situation of the access units and users accessing this network to the local public security organs for record, and timely reporting the changes of the access units and users in this network.
Article 13 (1 ) Registrants using public accounts shall strengthen the management of public accounts and establish an account registration system. User accounts cannot be loaned or transferred.
Article 14 (1 ) Units involved in important fields such as national affairs, economic construction, national defense construction, and advanced science and technology shall, when applying for archival filing procedures, issue a certificate of approval from their administrative department.
The computer information network and international networking of the units listed in the preceding paragraph shall adopt corresponding security protection measures.
Chapter III Safety Supervision
Article 15 The public security bureaus (bureaus), prefecture (city), and county (city) public security bureaus of the provinces, autonomous regions, and municipalities directly under the Central Government shall have corresponding agencies responsible for the security protection and management of international networking.
Article 16: The computer management and supervision agency of public security organs shall grasp the filing status of interconnected units, access units, and users, establish filing records, conduct filing statistics, and report them step by step in accordance with relevant state regulations.
Article 17: Computer management and supervision agencies of public security organs shall urge interconnected units, access units and relevant users to establish and improve security protection management systems. Supervise and inspect the implementation of network security protection management and technical measures.
When a computer management and supervision agency of a public security organ organizes a security inspection, the relevant unit shall send someone to participate. The computer management and supervision agencies of public security organs shall put forward suggestions for improvement, make detailed records, and archive them for future reference for problems found in security inspections.
Article 18 When a computer management and supervision agency of a public security organ finds an address, directory, or server containing the content listed in Article 5 of these Measures, it shall notify the relevant unit to close or delete it.
Article 19 The computer management and supervision agency of the public security organ shall be responsible for tracking and investigating illegal acts through the computer information network and criminal cases against the computer information network. For the illegal and criminal acts in violation of Articles 4 and 7 of these Measures, Relevant state regulations are transferred to relevant departments or judicial organs for processing.
Chapter IV Legal Liability
Article 20 Anyone who violates laws and administrative regulations and commits one of the acts listed in Articles 5 and 6 of these Measures shall be warned by the public security organ. If there is any illegal income, the illegal income shall be confiscated, and individuals may be punished with a sum of less than 5,000 yuan. A fine of less than 15,000 yuan may be imposed on the unit; if the circumstances are serious, a penalty of suspension of network connection and shutdown and rectification within 6 months may be given. If necessary, the original license issuance and the review and approval agency may be revoked or cancelled. Qualifications for networking; those who constitute violations of public security management shall be punished in accordance with the provisions of the Public Security Management Punishment Law; if they constitute crimes, criminal responsibility shall be investigated in accordance with the law.
Article 21 Anyone who commits one of the following acts shall be ordered by the public security organ to make corrections within a time limit and given a warning. If there are illegal gains, the illegal gains shall be confiscated; if they are not corrected within the prescribed time limit, the person in charge of the unit and other direct responsibilities shall be liable Personnel can concurrently impose a fine of less than 5,000 yuan, and the unit can also impose a fine of less than 15,000 yuan; if the circumstances are serious, they can be punished for suspension of network connection and shutdown and rectification within 6 months. The examination and approval authority revokes the business license or cancels the qualification for networking.
(1) failing to establish a safety protection management system;
(2) Failure to adopt safety technology protection measures;
(3) Failure to conduct security education and training for network users;
(4) Failure to provide the information, materials and data files required for security protection management, or the contents provided are not true;
(5) failing to review the information content issued by the entrusting party or registering the entrusting unit and individual;
(6) Failure to establish a user registration and information management system for an electronic bulletin system;
(7) Failure to delete the network address, directory or shut down the server in accordance with relevant state regulations;
(8) Failure to establish a public account use registration system;
(9) Lending or transferring user accounts.
Article 22 (1) Those who violate the provisions of Articles 4 and 7 of these Measures shall be punished in accordance with relevant laws and regulations.
Article 23 (1) In case of violation of Articles 11 and 12 of the present Measures and failing to perform the record-keeping duties, the public security organ shall give a warning or a penalty of no more than 6 months of shutdown and rectification.
Chapter V Supplementary Provisions
Article 24. The security protection management of computer information networks connected to the Hong Kong Special Administrative Region and Taiwan and Macao regions shall be implemented with reference to these Measures.
Article 25: These Measures shall come into effect on December 30, 1997.

Computer virus prevention and management measures

Administrative Measures for the Prevention and Control of Computer Viruses Order No. 51 of the Ministry of Public Security of the People's Republic of China on "Administrative Measures for the Prevention and Control of Computer Viruses" has been adopted on March 30, 2000 by the Ministerial Office of the Ministry of Public Security, and is now promulgated for implementation. Minister of Public Security Jia Chunwang April 26, 2000 Article 1 In order to strengthen the prevention and management of computer viruses, protect the security of computer information systems, and ensure the application and development of computers, The Regulations formulated these measures.
Article 2 The term "computer virus" as used in these Measures refers to a set of computer instructions or program code that is compiled or inserted in a computer program that destroys computer functions or destroys data, affects the use of the computer, and is capable of self-replication.
Article 3 These Measures apply to computer information systems within the People's Republic of China and computer virus prevention and management work on non-networked computers.
Article 4 The Public Information Network Security Supervision Department of the Ministry of Public Security is in charge of computer virus prevention and management nationwide. Local public security organs at all levels are specifically responsible for the management and control of computer viruses in their respective administrative areas.
Article 5 No unit or individual may make computer viruses.
Article 6 No unit or individual may commit the following acts of spreading computer viruses:
(1) Intentionally entering computer viruses, endangering the security of computer information systems;
(2) Providing files, software, and media containing computer viruses to others;
(3) selling, leasing, and giving away media containing computer viruses;
(4) Other acts of spreading computer viruses.
Article 7 No unit or individual may release false computer virus epidemics to the society.
Article 8 Units engaged in the production of computer virus prevention products shall submit virus samples to the computer virus prevention product testing agency approved by the public information network security supervision department of the Ministry of Public Security in a timely manner.
Article 9 The computer virus prevention and control product testing agency shall analyze and confirm the submitted virus samples in a timely manner, and report the confirmation results to the public information network security supervision department of the Ministry of Public Security.
Article 10 The identification of computer viruses shall be undertaken by institutions approved by the Public Information Network Security Supervision Department of the Ministry of Public Security.
Article 11 Units using computer information systems shall perform the following duties in the prevention and control of computer viruses:
(1) Establishing a computer virus prevention and management system for the unit;
(2) adopting computer virus security technology prevention measures;
(3) Education and training on computer virus prevention and control for the users of the computer information system of the unit;
(4) Timely detection and removal of computer viruses in the computer information system, and records of detection and removal.
(5) Use of computer virus prevention products with a sales license for computer information system security products.
(6) Report major accidents such as computer information system paralysis, serious damage to programs and data caused by computer viruses, to the public security organs in a timely manner, and protect the scene.
Article 12 Any unit or individual shall perform computer virus detection when downloading programs and data from computer information networks or purchasing, repairing, or borrowing computer equipment.
Article 13 Any unit or individual selling or giving away computer virus prevention products shall have a sales license for computer information system security products and be affixed with a "sale permission" mark.
Article 14 Units and individuals engaged in computer equipment or media production, sales, lease, and maintenance industries shall conduct computer virus detection and removal of computer equipment or media, and shall have records of detection and removal.
Article 15 Any unit or individual shall accept the supervision, inspection and guidance of the computer virus prevention work by the public security organs.
Article 16 Any person who violates one of the provisions of Articles 5 and 6 of Articles 2, 3, and 4 in non-business activities shall be fined by the public security organ for a fine of less than 1,000 yuan. If one of the activities violates Article 5, Article 6, Articles 2, 3, or 4 of the Measures and there is no illegal income, the public security organ shall impose a fine of less than 10,000 yuan on the unit and 5,000 yuan on the individual. The following fines; if there is illegal income, a fine of less than three times the illegal income shall be imposed, but the maximum shall not exceed 30,000 yuan.
Violations of the first paragraph of Article 6 of these Measures shall be punished in accordance with Article 23 of the "Regulations on the Security Protection of Computer Information Systems of the People's Republic of China".
Article 17 In case of violation of one of the provisions of Articles 7 and 8 of these Measures, the public security organ shall impose a fine of less than 1,000 yuan on the unit, and the person in charge and directly responsible person of the unit shall be fined 500 yuan or less; The individual shall be fined less than 500 yuan.
Article 18 In case of violation of Article 9 of these Measures, the public security organ shall issue a warning and order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall cancel the testing qualification of its computer virus control product testing agency.
Article 19 If the unit using the computer information system has any of the following behaviors, the public security organ shall issue a warning and order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall impose a fine of less than 1,000 yuan on the unit and be directly responsible to the unit. Supervisors and persons directly responsible shall be fined less than 500 yuan;
(1) failing to establish a computer virus prevention and management system in the unit;
(2) Failure to adopt computer virus security technology prevention measures;
(3) Failure to carry out computer virus prevention education and training for the users of the computer information system of the unit;
(4) Failure to detect and remove computer viruses in the computer information system in a timely manner and cause harm to the computer information system;
(5) Failure to use computer virus prevention products with a sales license for computer information system security products, causing harm to computer information systems.
Article 20 If there is no illegal income in violation of the provisions of Article 14 of these Measures, the public security organ shall impose a fine of less than 10,000 yuan on the unit and a fine of less than 5,000 yuan on the individual; Fines, but no more than 30,000 yuan.
Article 21 The term "computer virus epidemic" as mentioned in these Measures refers to the report or forecast of the outbreak, flow time, scope, damage characteristics, and damage consequences of a computer virus. The term "conspiracy" referred to in these measures refers to computer floppy disks, hard disks, magnetic tapes, and optical disks.
Article 22 These Measures shall be implemented as of the date of promulgation.

Regulations of the People's Republic of China on Telecommunications

Order of the State Council of the People's Republic of China (No. 291)

The "Telecommunications Regulations of the People's Republic of China" was passed at the 31st Executive Meeting of the State Council on September 20, 2000, and is now promulgated for implementation.

Premier Zhu Rongji September 25, 2000
Regulations of the People's Republic of China on Telecommunications
Chapter I General Provisions
Article 1 These Regulations are formulated to regulate the telecommunications market order, safeguard the legitimate rights and interests of telecommunications users and telecommunications business operators, ensure the security of telecommunications networks and information, and promote the healthy development of the telecommunications industry.

Article 2 (1) Telecommunication activities or telecommunication-related activities in the territory of the People's Republic of China must abide by these regulations.
The term "telecommunications" as used in these regulations refers to the use of wired or wireless electromagnetic systems or photoelectric systems to transmit, transmit, or receive voice, text, data, images, and any other form of information.

Article 3 The competent department of information industry under the State Council shall supervise and manage the telecommunications industry throughout the country in accordance with the provisions of these regulations.
Under the leadership of the State Council's information industry department, the telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the State Council shall supervise and manage the telecommunications industry in their respective administrative regions in accordance with the provisions of these regulations.

Article 4 Telecommunication supervision and management shall follow the principles of separation of government and enterprises, elimination of monopoly, encouragement of competition, promotion of development and openness, fairness and justice.
Telecommunications business operators shall operate according to law, abide by business ethics, and accept supervision and inspection implemented in accordance with law.

Article 5: Telecommunications business operators shall provide telecommunications users with telecommunication services that are fast, accurate, safe, convenient and reasonably priced.

Article 6: The security of telecommunication networks and information is protected by law. No organization or individual may use telecommunications networks to engage in activities that endanger national security, social public interests, or the legitimate rights and interests of others.

Chapter II Telecommunications Market
Section 1 Telecommunications Business License
Article 7: The State implements a licensing system for telecommunications business operations in accordance with the classification of telecommunications services.
To operate telecommunications business, a telecommunications business operation license issued by the competent department of information industry of the State Council or the telecommunications management agency of a province, autonomous region, or municipality directly under the Central Government must be obtained in accordance with the provisions of these regulations.
Without a telecommunications business license, no organization or individual may engage in telecommunications business operations.

Article 8: Telecommunication services are divided into basic telecommunications services and value-added telecommunications services.
Basic telecommunication services refer to services that provide public network infrastructure, public data transmission, and basic voice communication services. Value-added telecommunications business refers to telecommunications and information services provided by public network infrastructure.
The specific classification of telecommunication business classification is listed in the "Telecommunication Business Classification Catalog" attached to these regulations. According to the actual situation, the competent information industry department of the State Council may make partial adjustments to the telecommunication business classification items listed in the directory and re-publish them.

Article 9: The operation of basic telecommunications services must be reviewed and approved by the competent information industry department of the State Council to obtain the Basic Telecommunications Business License.
Value-added telecommunications services that cover two or more provinces, autonomous regions, and municipalities must be reviewed and approved by the competent information industry department of the State Council to obtain a "Cross-region Value-added Telecommunications Business License." Within the administrative area of a municipality directly under the Central Government, it shall be subject to the examination and approval of the telecommunications management agencies of the province, autonomous region, and municipality directly under the Central Government, and obtain the "Value-added Telecommunication Business Operation License."
Any new telecommunications service not listed in the Telecommunications Business Catalogue using new technologies shall be filed with the telecommunications management agencies of provinces, autonomous regions and municipalities.

Article 10: To operate basic telecommunications services, the following conditions must be met:
(1) The operator is a company established in accordance with the law and specializing in basic telecommunications business, and the company has equity or shares of not less than 51% in China;
(2) There is a feasibility study report and networking technical plan;
(3) having funds and professionals suitable for engaging in business activities;
(4) There are sites and corresponding resources for operating activities;
(5) Have the credibility or ability to provide users with long-term services;
(6) Other conditions stipulated by the state.

Article 11: To apply for the operation of basic telecommunications services, an application shall be submitted to the competent information industry department of the State Council and the relevant documents specified in Article 10 of these Regulations shall be submitted. The competent information industry department of the State Council shall complete the review within 180 days from the date of acceptance of the application and make a decision on approval or disapproval. Where approval is granted, a Basic Telecommunications Business License is issued; if it is not approved, the applicant shall be notified in writing and the reasons shall be explained.

Article 12: When examining the application for operating basic telecommunications services, the competent department of the information industry of the State Council shall take into consideration factors such as national security, telecommunications network security, sustainable use of telecommunications resources, environmental protection, and the competition in the telecommunications market.
To issue the Basic Telecommunications Business License, bidding shall be adopted in accordance with relevant state regulations.

Article 13: To operate value-added telecommunications services, the following conditions must be met:
(1) The operator is a company established according to law;
(2) having funds and professionals suitable for carrying out business activities;
(3) Have the credibility or ability to provide users with long-term services;
(4) Other conditions stipulated by the state.

Article 14 To apply for value-added telecommunication services, an application shall be submitted to the competent information industry department of the State Council or the telecommunications management agency of a province, autonomous region, or municipality directly under the provisions of Article 9, paragraph 2 of these Regulations, and the provisions of Article 13 of these Regulations shall be submitted. Related files. If an application for value-added telecommunications services is required to be examined and approved by the relevant competent authority in accordance with the relevant state regulations, a document approved by the relevant competent authority shall also be submitted. The competent department of information industry under the State Council or the telecommunications management agency of a province, autonomous region, or municipality directly under the Central Government shall complete the review within 60 days from the date of receipt of the application and make a decision on approval or disapproval. Where approval is granted, a "Trans-regional Value-added Telecommunications Business Operation Permit" or "Value-added Telecommunications Business Permit" shall be issued; if it is not approved, the applicant shall be notified in writing and the reasons shall be explained.

Article 15 In the course of operation , a telecommunications business operator who changes its business entity, business scope, or ceases operations shall apply to the original license-issuing authority 90 days in advance and go through the corresponding procedures; if it ceases to operate, it shall also comply with the state Relevant regulations do a good job in aftercare.

Article 16 (1) Those who are authorized to operate telecommunications services shall, with the telecommunications business license obtained in accordance with the law, go through the registration formalities with the enterprise registration authority.
A private telecommunications network operating unit that operates telecommunications business in its area shall submit an application in accordance with the conditions and procedures specified in these regulations, obtain approval for obtaining a telecommunications business license, and go through registration procedures in accordance with the provisions of the preceding paragraph.

Section 2 Telecommunication Network Interconnection
Article 17: Telecommunications networks shall be interconnected in accordance with the principles of technological feasibility, economic rationality, fairness and justice, and mutual cooperation.
The leading telecommunication business operator shall not reject the interconnection requirements made by other telecommunication business operators and private network operators.
The leading telecommunications business operator mentioned in the preceding paragraph refers to an operator who controls the necessary basic telecommunications facilities and occupies a large share in the telecommunications business market, and can have a substantial impact on other telecommunications business operators' entry into the telecommunications business market.
The leading telecommunication business operators shall be determined by the competent information industry department of the State Council.

Article 18 (1) The leading telecommunication service operator shall, in accordance with the principles of non-discrimination and transparency, formulate interconnection procedures including procedures for network interconnection, time limit, and directory of unbundled network elements. Interconnection regulations shall be submitted to the State Council's information industry department for review and approval. The interconnection regulations are binding on the interconnection activities of leading telecommunication service operators.

Article 19 Inter-network interconnections between public telecommunication networks and between public telecommunication networks and private telecommunication networks shall be negotiated by the two parties in accordance with the inter-network interconnection regulations of the State Council ’s information industry department, and inter-network interconnection shall be established protocol.
The Internet interconnection agreement shall be filed with the competent information industry department of the State Council.

Article 20 If the two parties to the internet cannot reach an internet interconnection agreement after negotiation, within 60 days from the date when one party requests the interconnection, either party may report to the competent information industry department of the State Council or the province or autonomous region in accordance with the coverage of the internet interconnection. 2. The telecommunications management agencies of municipalities directly under the Central Government apply for coordination; the authorities receiving the applications shall coordinate in accordance with the principles specified in Article 17, paragraph 1 of these Regulations, so as to facilitate agreement between the parties to the internet interconnection; If the agreement cannot be reached within 45 days after coordination, the coordinating agency randomly invites telecommunications technical experts and experts from other relevant parties to conduct public demonstrations and propose a network interconnection plan. The coordinating agency shall make a decision based on the expert's argumentation conclusions and the proposed internet interconnection scheme to enforce the interconnection.

Article 21: The two parties to the Internet must achieve interconnection within the time limit stipulated in the agreement or decision. Without the approval of the State Council ’s competent information industry department, no party may interrupt the interconnection without authorization. If there is a communication technology obstacle in the interconnection between the networks, both parties shall immediately take effective measures to eliminate it. In the event of a dispute between the two parties in the interconnection between the two parties, the procedures and measures prescribed in Article 20 of these Regulations shall be followed.
The communication quality of the internetwork shall meet the relevant national standards. The leading telecommunication business operator provides inter-network interconnection to other telecommunication business operators, and the service quality must not be lower than the quality of similar services on its own network and the same services provided to its subsidiaries or branches.

Article 22 The settlement and apportionment of the costs of inter-network interconnection shall follow the relevant state regulations, and no fees shall be added beyond the prescribed standards.
The technical standards, fee settlement methods and specific management regulations for Internet interconnection shall be formulated by the competent information industry department of the State Council.

Section III Telecom Tariffs
Article 23 (1) The telecommunication tariff standard implements the cost-based pricing principle, taking into account factors such as national economic and social development requirements, the development of the telecommunications industry, and the affordability of telecommunications users.

Article 24: Telecom tariffs are divided into market-adjusted prices, government-guided prices, and government pricing.
Basic telecommunication business tariffs are subject to government pricing, government guidance prices, or market-adjusted prices; value-added telecommunication business tariffs are subject to market-adjusted prices or government-guided prices.
The telecommunications business with sufficient market competition, the telecommunications tariffs are subject to market-adjusted prices.
The telecommunications tariff classification management catalogue that implements government pricing, government guidance prices, and market-adjusted prices shall be formulated and announced for implementation by the competent information industry department of the State Council after consulting the State Council ’s pricing authority.

Article 25: The important telecommunication service tariff standards set by the government shall be proposed by the competent department of the information industry of the State Council and shall be implemented after being solicited by the competent department of the State Council ’s prices and submitted to the State Council for approval.
The government-guided telecommunication service tariff standard range shall be formulated and announced for implementation by the competent information industry department of the State Council after consulting the State Council ’s competent price department. Within the standard range, telecommunication business operators independently determine tariff standards and report to the telecommunications management agencies of provinces, autonomous regions, and municipalities for the record.

Article 26: The establishment of telecommunication service tariff standards for government pricing and government guidance prices shall take the form of holding hearings and so on to hear the opinions of telecommunication business operators, telecommunications users and other relevant parties.
Operators of telecommunication services shall provide accurate and complete business cost data and other relevant materials in accordance with the requirements of the information industry department of the State Council and the telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government.

Section 4 Telecommunication Resources
Article 27: The state implements unified planning, centralized management and reasonable allocation of telecommunication resources, and implements a system of paid use.
The telecommunication resources referred to in the preceding paragraph refer to limited resources such as radio frequencies, satellite orbital positions, and telecommunication network codes used to implement telecommunication functions.

Article 28: Telecommunications business operators who occupy and use telecommunication resources shall pay telecommunication resource fees. The specific charging measures shall be formulated by the competent information industry department of the State Council in conjunction with the financial department and the pricing department of the State Council, and they shall be announced and implemented after being submitted to the State Council for approval.

Article 29. The allocation of telecommunication resources shall take into account the planning, use and expected service capacity of telecommunication resources.
The allocation of telecommunication resources can be either assigned or auctioned.
To obtain the right to use telecommunications resources, the allocated resources shall be activated within the prescribed time limit and reach the prescribed minimum use scale. Without the approval of the competent department of information industry of the State Council or the telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government, it is forbidden to use, transfer, lease or change the use of telecommunications resources.

Article 30 ( 1) After users of telecommunication resources obtain telecommunication network number resources in accordance with the law, the leading telecommunication business operators and other relevant units have the obligation to take necessary technical measures to cooperate with telecommunication resource users to realize the functions of their telecommunication network number resources.
Where laws and administrative regulations have special provisions on the management of telecommunications resources, such provisions shall prevail.

Chapter III Telecommunication Services
Article 31: Telecommunications business operators shall provide services to telecommunication users in accordance with telecommunication service standards prescribed by the state. The type, scope, tariff standard and time limit of the services provided by telecommunication business operators shall be announced to the society and reported to the telecommunications management agencies of provinces, autonomous regions and municipalities for the record.
Telecommunications users have the right to choose to use various telecommunications services established in accordance with the law.

Article 32 For telecommunications users who apply for installation and relocation of telecommunications terminal equipment, the telecommunications business operator shall ensure that the installed equipment is opened within the time limit announced by them; The installation fee, relocation fee or other fees charged shall be paid to the telecommunications user in a penalty of one percent.

Article 33 If a telecommunications user applies for a telecommunications service obstacle, the telecommunications business operator shall, within 48 hours of urban and rural 72 hours from the date of receipt of the application, repair or adjust it; if it cannot be repaired or adjusted as scheduled, it shall promptly notify Telecom users, and exempt from monthly rental fees during obstacles. However, the exception is telecommunications service obstacles caused by telecommunication terminal equipment.

Article 34: Telecommunications business operators shall provide convenience for telecommunications users to pay fees and make enquiries. If a telecommunications user requests to provide a list of charges for domestic long-distance communications, international communications, mobile communications and information services, the telecommunications business operator shall provide them for free.
When telecommunications users have unusually large telecommunications costs, telecommunications business operators should, as soon as possible, inform telecommunications users as soon as possible and take corresponding measures.
The huge telecommunication expenses mentioned in the preceding paragraph refer to the sudden emergence of more than five times the average telecommunication expenses of telecommunications users in the previous three months.

Article 35 Telecom users shall pay the telecommunication fees to the telecommunication service operators in a timely and full manner in accordance with the agreed time and method; if the telecommunications users fail to pay the telecommunications fees after the due date, the telecommunications service operators shall have the right to request for additional telecommunications fees, and A penalty of 3 ‰ per day can be added based on the fees owed.
For telecommunication subscribers who have not paid their telecommunication fees for 30 days after the agreed period for charging, the telecommunications business operator may suspend the provision of telecommunication services to them. If a telecommunications user fails to pay telecommunications fees and liquidated damages within 60 days after the telecommunications business operator suspends services, the telecommunications business operator may terminate the provision of services and may recover arrears and liquidated damages in accordance with law.
Operators operating mobile telecommunications services may agree with telecommunication users on the time and method of payment of telecommunications fees, and are not subject to the period specified in the preceding paragraph.
The telecommunications business operator shall resume the suspended telecommunications services within 48 hours after the telecommunications users who have delayed paying the telecommunications fees make up for the telecommunications fees and liquidated damages.

Article 36 (1) Telecommunications business operators who, due to project construction, network construction and other reasons, affect or may affect normal telecommunication services must inform users in a timely manner and report to the telecommunications management agencies of provinces, autonomous regions and municipalities.
If the telecommunications service is interrupted due to the reasons in the preceding paragraph, the telecommunications business operator shall correspondingly reduce or exempt the user's related expenses during the telecommunications service interruption period.
In the circumstances specified in the first paragraph of this article, if the telecommunications service operator fails to inform the user in a timely manner, it shall compensate the user for the losses caused thereby.

Article 37 (1 ) Telecommunications business operators who operate local telephone services and mobile telephone services shall provide users with public welfare telecommunications services such as fire alarm, bandit police, medical emergency, traffic accident alarm, etc., and ensure the smooth communication lines.

Article 38: Telecommunications business operators shall provide equal and reasonable access services to group users who need to access their telecommunications network through trunk lines in a timely manner.
Without approval, telecommunication service operators shall not interrupt access services without authorization.

Article 39 (1) Telecommunications business operators shall establish and improve internal service quality management systems, and may formulate and publish enterprise standards that are higher than the telecommunications service standards prescribed by the state.
Operators of telecommunications services should take various forms to listen to the opinions of telecommunications users, accept social supervision, and continuously improve the quality of telecommunications services.

Article 40 If the telecommunications services provided by a telecommunications service operator fail to meet the telecommunications service standards set by the state or its published enterprise standards, or the telecommunications user has objections to the payment of telecommunications fees, the telecommunications user has the right to request the telecommunications service operator If the telecommunications business operator refuses to resolve or the telecommunications user is not satisfied with the settlement result, the telecommunications user has the right to appeal to the competent information industry department of the State Council or the telecommunications management agency of the province, autonomous region, or municipality directly under the Central Government, or other relevant departments. The authorities receiving the appeal must deal with the appeal in a timely manner and reply to the applicant within 30 days from the date of receipt of the appeal.
If a telecommunications user has any objection to paying local telephone charges, the telecommunications service operator shall also provide the basis for charging the local telephone free of charge at the request of the telecommunications user, and shall be obliged to take necessary measures to assist the telecommunications user to find the cause.

Article 41: Telecommunications business operators must not engage in the following activities in telecommunications services:
(1) restricting telecommunications users from using their designated services in any way;
(2) Restricting telecommunications users from purchasing their designated telecommunications terminal equipment or denying telecommunications users from using their own telecommunications terminal equipment that has obtained a network access license;
(3) Violating state regulations, changing or disguising tariff standards without authorization, and adding or disguising additional charges;
(4) Refusing, delaying or discontinuing telecommunications services to telecommunications users without justifiable reasons;
(5) Failure to fulfill public commitments made by telecommunications users or false propaganda that is likely to cause misunderstanding;
(6) Making use of improper means to make things difficult for telecommunication users or to retaliate against telecommunication users who complain.

Article 42: Telecommunications business operators must not engage in the following activities in telecommunication business operations:
(1) in any way restricting telecommunications users from choosing telecommunications services provided by other telecommunications service operators in accordance with the law;
(2) Unreasonable cross-subsidies for different businesses it operates;
(3) For the purpose of crowding out competitors, providing telecommunications services or services at lower cost than unfair competition.

Article 43 : The competent department of information industry of the State Council or the telecommunications management agencies of provinces, autonomous regions, and municipalities shall supervise and inspect the telecommunication service operators ’telecommunication service quality and business activities in accordance with their functions and powers, and shall announce the results of the supervision and random inspection to the society.

Article 44: Telecommunications business operators must perform corresponding telecommunications universal service obligations in accordance with relevant state regulations.
The competent information industry department of the State Council may adopt a designated or bidding method to determine the specific obligations of telecommunication business operators to assume universal telecommunications services.
Administrative measures for the compensation of telecommunication universal service costs shall be formulated by the competent information industry department of the State Council in conjunction with the financial department and the price department of the State Council, and shall be announced and implemented after approval by the State Council.

Chapter IV Telecommunication Construction
Section 1 Construction of Telecommunication Facilities
Article 45: The construction of public telecommunication networks, dedicated telecommunication networks, and radio and television transmission networks shall accept the overall planning and industry management of the competent information industry department of the State Council.
The construction of public telecommunication networks, private telecommunications networks, and radio and television transmission networks that belong to national information network projects or construction projects above the national limit shall be approved by the State Council ’s information industry department before being approved in accordance with the national capital construction project approval procedures.
Basic telecommunication construction projects shall be incorporated into the overall urban construction plan and the overall planning for the construction of villages and towns at the local people's governments at all levels.

Article 46 The construction of urban areas and the construction of villages and towns shall be accompanied by telecommunication facilities. The telecommunication pipelines and wiring facilities in buildings and telecommunication pipelines within the scope of construction project land shall be included in the design documents of the construction project, and shall be constructed and accepted at the same time as the construction project. The required funds shall be included in the estimated budget of the construction project.
Relevant units or departments planning, constructing roads, bridges, tunnels, or subways should notify the telecommunications management agencies and telecommunication operators of provinces, autonomous regions, and municipalities in advance to negotiate and reserve telecommunication pipelines.

Article 47 Operators of basic telecommunications services may attach telecommunication lines or install public telecommunication facilities such as small antennas and mobile communication base stations on civil buildings, but they shall notify the property owner or user of the building in advance, The people's government of the municipality directly under the Central Government shall pay royalties to the property owner or other rights holder of the building according to the standards.

Article 48 To construct concealed telecommunication facilities such as underground and underwater facilities and high-altitude telecommunication facilities, signs shall be set up in accordance with relevant state regulations.
Operators of basic telecommunications services shall obtain the consent of the competent information industry department of the State Council and seek the opinions of relevant departments before proceeding with relevant procedures in accordance with the law. Submarine telecommunication cables are marked on the chart by relevant departments of the State Council.

Article 49 No unit or individual may alter or relocate the telecommunications lines and other telecommunications facilities of others without authorization; if there are special circumstances that must be altered or relocated, the consent of the owner of the telecommunications facility shall be obtained, and the request for alteration or relocation shall be submitted. The unit or individual shall bear the expenses required for alteration or relocation, and compensate for the economic losses caused thereby.

Article 50 When engaging in activities such as construction, production, planting trees, etc., they must not endanger the safety of telecommunication lines or other telecommunication facilities or impede the unblocking of the lines. When telecommunications safety may be endangered, the relevant telecommunications business operators should be notified in advance, and those engaged in such activities Units or individuals are responsible for taking necessary safety protection measures.
In violation of the provisions of the preceding paragraph, damage to telecommunication lines or other telecommunication facilities or obstruction of the line shall be restored to its original state or repaired, and the economic losses caused thereby shall be compensated.

Article 51 When engaged in the construction of telecommunication lines, it is necessary to maintain the necessary safety distance from the established telecommunication lines; if it is difficult to avoid or must cross, or the use of established telecommunication pipelines is required, it shall be negotiated with the owner of the established telecommunication lines, If an agreement cannot be reached through negotiation, it shall be coordinated and resolved by the competent department of information industry of the State Council or the telecommunications management agency of a province, autonomous region, or municipality directly under the Central Government according to different situations.

Article 52 (1) No organization or individual shall prevent or obstruct basic telecommunication business operators from engaging in the construction of telecommunication facilities and the provision of public telecommunication services to telecommunication users in accordance with the law; except for areas prohibited or restricted by state regulations.

Article 53 (1 ) Telecommunication vehicles carrying out special communications, emergency communications and emergency repairs and rescue tasks may be exempted from various prohibition signs of motor vehicles on the premise of ensuring the safety and smoothness of traffic with the approval of the public security traffic management organs.

Section 2 Telecommunication Equipment Into the Network
Article 54: The state implements a network access license system for telecommunication terminal equipment, radio communication equipment and equipment related to interconnection between networks.
Telecommunication terminal equipment, radio communication equipment and equipment related to inter-network interconnection that access the public telecommunication network must meet the standards set by the state and obtain network access licenses.
The telecommunication equipment directory that implements the network access license system shall be formulated and announced by the State Council ’s competent information industry department in conjunction with the State Council ’s product quality supervision department.

Article 55 To apply for a network access license for telecommunications equipment, an application shall be submitted to the competent information industry department of the State Council, and a test report issued by a telecommunications equipment testing institution approved by the product quality supervision department of the State Council or a product quality certification issued by a certification body shall be attached. certificate.
The competent information industry department of the State Council shall, within 60 days from the date of receiving the application for telecommunication equipment access to the network, review the application and the telecommunications equipment test report or product quality certification certificate. Those who pass the examination shall be granted a network access license; those who fail the examination shall be provided with a written reply with reasons.

Article 56: Telecommunication equipment manufacturing enterprises must ensure that the quality of telecommunications equipment licensed for network access is stable and reliable, and shall not degrade product quality and performance.
A telecommunications equipment manufacturer shall affix a network access license mark to the telecommunications equipment it has obtained that has been licensed to access the network.
The product quality supervision department of the State Council shall, in conjunction with the competent information industry department of the State Council, conduct quality follow-up and spot checks on telecommunications equipment that has obtained a network access license, and announce the results of the spot checks.

Chapter V Telecommunication Security
Article 57: No organization or individual may use telecommunications networks to produce, reproduce, publish, or disseminate information containing the following:
(1) objecting to the basic principles established by the Constitution;
(2) Endangering national security, leaking state secrets, subverting state power, or undermining national unity;
(3) Damage to national honor and interests;
(4) inciting ethnic hatred, ethnic discrimination, or disrupting national unity;
(5) Those who undermine the state's religious policies and preach cults and feudal superstitions;
(6) Spreading rumors, disrupting social order, and disrupting social stability;
(7) Disseminating obscenity, pornography, gambling, violence, homicide, terror or instigating crimes;
(8) Insulting or slandering others, and infringing on the legal rights and interests of others;
(9) Containing other contents prohibited by laws and administrative regulations.

Article 58: No organization or individual may commit any of the following acts that endanger telecommunication network security and information security:
(1) delete or modify the functions of the telecommunication network or the data and applications stored, processed, and transmitted;
(2) using telecommunication networks to engage in activities that steal or destroy information of others, or damage the legitimate rights and interests of others;
(3) Intentionally making, copying, or transmitting computer viruses or otherwise attacking other people's telecommunications facilities such as telecommunications networks;
(4) Other acts that endanger telecommunication network security and information security.

Article 59: No organization or individual may commit the following acts that disturb the order of the telecommunications market:
(1) Adopting international leased telecommunications lines, privately-installed switching equipment, or other methods to operate telecommunications services in the international or Hong Kong Special Administrative Region, Macau Special Administrative Region, and Taiwan without authorization;
(2) Stealing the telecommunications lines of others, copying the telecommunications code numbers of others, and using telecommunications facilities or codes that they know are stealing or copying;
(3) counterfeiting or altering telephone cards and other valuable telecommunications services certificates;
(4) Use false or fraudulent identity documents to go through the formalities for accessing the Internet and use mobile phones.

Article 60: Telecommunications business operators shall establish and improve internal security guarantee systems and implement a security guarantee responsibility system in accordance with relevant national telecommunication security regulations.

Article 61 : In the design, construction and operation of telecommunication networks, telecommunication business operators shall plan, construct and operate simultaneously with the requirements of national security and telecommunication network security.

Article 62 In the public information service, if the telecommunications business operator finds that the information transmitted on the telecommunications network obviously belongs to the content listed in Article 57 of these regulations, it shall immediately stop the transmission, keep the relevant records, and report to the relevant state authorities report.

Article 63 (1 ) The content and consequences of using telecommunications networks to transmit information are the responsibility of telecommunications users.
If the information transmitted by a telecommunications user using a telecommunications network is state secret information, confidentiality measures must be taken in accordance with the provisions of the State Secret Law.

Article 64 (1) In the case of an emergency such as a major natural disaster, with the approval of the State Council, the department in charge of the information industry of the State Council may use various telecommunication facilities to ensure the smooth flow of important communications.

Article 65 (1) Engaging in international communications business within the territory of the People's Republic of China must be carried out through an international communications gateway that has been approved by the State Council ’s information industry department.
Communications between the Mainland of China and the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan shall be handled with reference to the provisions of the preceding paragraph.

Article 66: The freedom of telecommunications users to use telecommunications and the confidentiality of communications are protected by law. No organization or individual may inspect telecommunication content for any reason, except for public security organs, national security organs, or people's procuratorates who inspect telecommunication content in accordance with the procedures prescribed by law due to national security or the need to track down criminal offences.
Telecommunications business operators and their staff members must not provide unauthorized access to the content of information transmitted by telecommunication users using telecommunication networks.

Chapter VI Penalties
Article 67 Anyone who violates the provisions of Articles 57 and 58 of these Regulations and constitutes a crime shall be investigated for criminal responsibility in accordance with the law; if it has not constituted a crime, the public security organs and national security organs shall comply with relevant laws and administrative regulations. Penalties.

Article 68 If one of the acts listed in Article 59 (2), (3), or (4) of these regulations disrupts the order of the telecommunications market and constitutes a crime, criminal responsibility shall be investigated according to law; it does not constitute a crime If it is, the competent department of information industry of the State Council or the telecommunications management agency of a province, autonomous region, or municipality directly under the authority shall order correction, confiscate the illegal income, and impose a fine of 3 to 5 times the illegal income; if there is no illegal income or the illegal income is less than 10,000 yuan, punish A fine of 10,000 yuan up to 100,000 yuan.

Article 69 In violation of the provisions of these regulations, forgery, fraudulent use, transfer of telecommunications business licenses, telecommunications equipment network access licenses, or fabricated network access license numbers marked on telecommunications equipment, the State Council's information industry department Or the telecommunications management agencies of provinces, autonomous regions, and municipalities directly under the Central Government shall confiscate the illegal income and impose a fine of 3 times to 5 times the illegal income; if there is no illegal income or the illegal income is less than 10,000 yuan, a fine of 10,000 yuan to 100,000 yuan shall be imposed.

Article 70 Anyone who violates the provisions of these regulations and commits one of the following acts shall be corrected by the competent authority of the information industry of the State Council or the telecommunications management agency of a province, autonomous region, or municipality directly under the authority, order to confiscate the illegal income, and impose a fine of 3 to 5 times the illegal income ; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of more than 100,000 yuan but less than 1 million yuan shall be imposed; if the circumstances are serious, the company shall be ordered to suspend business for rectification:
(1) in violation of the provisions of Article 7, paragraph 3 of these Regulations, or in the conduct listed in Article 59 (1) of these Regulations, operating telecommunications services without authorization, or operating telecommunications services beyond the scope;
(2) Establishing an international communications portal for international communications without the approval of the competent information industry department of the State Council;
(3) unauthorized use, transfer, or lease of telecommunications resources or changing the use of telecommunications resources;
(4) Unauthorized interruption of inter-network interconnection or access services;
(5) Refusal to perform universal service obligations.

Article 71 Anyone who violates the provisions of these regulations and commits one of the following acts shall be corrected by the information industry department of the State Council or the telecommunications management agency of a province, autonomous region, or municipality in accordance with their functions and powers. The illegal income shall be confiscated. The following fines; if there is no illegal income or the illegal income is less than 10,000 yuan, a fine of 10,000 yuan to 100,000 yuan shall be imposed; if the circumstances are serious, the business shall be ordered to suspend business for rectification:
(1) Increase fees in violation of regulations in the interconnection of telecommunication networks;
(2) where there are obstacles in communication technology between networks, and effective measures are not taken to eliminate them;
(3) Providing the content of information transmitted by a telecommunication user using a telecommunication network to others without authorization;
(4) Refusal to pay the fees for the use of telecommunication resources in accordance with regulations.

Article 72 In the event of unfair competition in telecommunications business operations in violation of Article 42 of these Regulations, the competent information industry department of the State Council or the telecommunications management agency of a province, autonomous region, or municipality directly under the Central Government shall order it to make corrections, and punish 10 A fine of more than 10,000 yuan but less than 1 million yuan; if the circumstances are serious, the company shall be ordered to suspend business for rectification.

Article 73 Anyone who violates the provisions of these regulations and commits one of the following acts shall be ordered by the information industry department in charge of the State Council or the telecommunications management agency of a province, autonomous region, or municipality directly under the authority to make a correction, and a fine of 50,000 to 500,000 shall be imposed; Seriously, ordered to suspend business for rectification:
(1) Rejecting the interconnection requirements made by other telecommunication service operators;
(2) Refusing to implement the interconnection and interoperability decisions made by the competent department of information industry of the State Council or the telecommunications management agencies of provinces, autonomous regions, and municipalities;
(3) The quality of services provided to other telecommunications business operators is lower than that of this network and its subsidiaries or branches.

Article 74 In violation of the provisions of Article 34, Paragraph 1 and Article 40 Paragraph 2 of these Regulations, telecommunications service operators refuse to provide telecommunications users with domestic long-distance communications, international communications, mobile communications and information services, etc. for free The charge list, or the telecommunications user who refuses to provide the basis for the local telephone charges free of charge for telecommunications users when he disagrees with the payment of local telephone charges, shall be ordered to correct by the telecommunications management agencies of provinces, autonomous regions and municipalities, and apologize to the telecommunications users; Those who fail to make corrections and apologize will be given warnings and fines ranging from 5,000 yuan to 50,000 yuan.

Article 75 In violation of the provisions of Article 41 of these regulations, the telecommunications management agencies of provinces, autonomous regions, and municipalities shall order corrections, and apologize to the telecommunications users and compensate the telecommunications users for their losses; , A warning shall be imposed, and a fine ranging from 10,000 yuan to 100,000 yuan shall be imposed; if the circumstances are serious, the company shall be ordered to suspend business for rectification.

Article 76 (1) Anyone who violates the provisions of these regulations and commits one of the following acts shall be ordered to make corrections by the telecommunications management agencies of the province, autonomous region, or municipality directly under the Central Government, and shall be fined 10,000 to 100,000 yuan:
(1) Selling telecommunication terminal equipment that has not obtained a network access license;
(2) illegally preventing or obstructing telecommunications business operators from providing public telecommunication services to telecommunications users;
(3) Unauthorized alteration or relocation of other people's telecommunications lines and other telecommunications facilities.

Article 77 (1) Anyone who, in violation of the provisions of these Regulations, reduces product quality and performance after obtaining a telecommunication equipment network access license, shall be punished by the product quality supervision department in accordance with the relevant laws and administrative regulations.

第七十八条 有本条例第五十七条、第五十八条和第五十九条所列禁止行为之一,情节严重的,由原发证机关吊销电信业务经营许可证。
国务院信息产业主管部门或者省、自治区、直辖市电信管理机构吊销电信业务经营许可证后,应当通知企业登记机关。

第七十九条 国务院信息产业主管部门或者省、自治区、直辖市电信管理机构工作人员玩忽职守、滥用职权、徇私舞弊,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。

Chapter VII Supplementary Provisions
第八十条 外国的组织或者个人在中华人民共和国境内投资与经营电信业务和香港特别行政区、澳门特别行政区与台湾地区的组织或者个人在内地投资与经营电信业务的具体办法,由国务院另行制定。

第八十一条 本条例自公布之日起施行。

附:电信业务分类目录
一、基础电信业务
(一)固定网络国内长途及本地电话业务;
(二)移动网络电话和数据业务;
(三)卫星通信及卫星移动通信业务;
(四)互联网及其它公共数据传送业务;
(五)带宽、波长、光纤、光缆、管道及其它网络元素出租、出售业务;
(六)网络承载、接入及网络外包等业务;
(七)国际通信基础设施、国际电信业务;
(八)无线寻呼业务;
(九)转售的基础电信业务。
第(八)、(九)项业务比照增值电信业务管理。
二、增值电信业务
(一)电子邮件;
(二)语音信箱;
(三)在线信息库存储和检索;
(四)电子数据交换;
(五)在线数据处理与交易处理;
(六)增值传真;
(七)互联网接入服务;
(八)互联网信息服务;
(九)可视电话会议服务。

China Internet Industry Self-Regulation Convention

(March 26, 2002) Announced
Chapter I General Provisions
Article 1 This Convention is formulated in accordance with the basic policy of "proactive development, strengthening management, optimizing profits and avoiding harm, and for our use", in order to establish a self-regulatory mechanism for the Internet industry in China, regulate the behavior of industry practitioners, and promote and guarantee the healthy development of the Internet industry in accordance with the law. .
Article 2 The Internet industry referred to in this Convention refers to the general name of industries engaged in the development and production of Internet operation services, application services, information services, network products and network information resources, and other Internet-related scientific research, education, and service activities.
Article 3 The basic principles of self-discipline in the Internet industry are patriotism, law abiding, fairness, and integrity.
Article 4 proposes that industry-wide practitioners accede to this Convention, and from the perspective of safeguarding the interests of the country and the industry as a whole, actively promote industry self-discipline and create a good environment for industry development.
Article 5 As the executive body of this Convention, the China Internet Association is responsible for organizing the implementation of this Convention.
Chapter II Self-Regulatory Provisions
Article 6 Consciously abide by national laws, regulations and policies concerning the development and management of the Internet, vigorously carry forward the Chinese people's outstanding cultural traditions and socialist spiritual civilization, and actively promote professional ethics in the Internet industry.
Article 7 Encourage and support the development of legal, fair and orderly competition in the industry, and oppose the use of improper means to conduct competition within the industry.
Article 8 Consciously protect the legitimate rights and interests of consumers and keep the user's information secret; do not use the information provided by users to engage in any activities that are not related to the commitments made to users, and do not use technology or other advantages to infringe on the legitimate rights and interests of consumers or users.
Article 9 Internet information service providers shall consciously abide by national regulations on Internet information service management and consciously fulfill their self-discipline obligations of Internet information services:
(1) Do not produce, publish or disseminate harmful information that endangers national security, social stability, violations of laws and regulations, superstitions, obscenities, etc., supervise the information posted by users on this website in accordance with the law, and remove harmful information in a timely manner;
(2) Do not link to websites that contain harmful information to ensure the legality and health of online information content;
(3) to produce, publish or disseminate network information, it is necessary to abide by the laws and regulations related to the protection of intellectual property rights;
(4) Guide the majority of users to use the Internet in a civilized manner, strengthen the network's moral consciousness, and consciously resist the spread of harmful information.
Article 10 Internet access service providers shall inspect and supervise the information of domestic and overseas websites accessed, refuse to access websites that publish harmful information, and eliminate the harmful effects of harmful information on Internet users in China.
Article 11 Operators of Internet access sites must take effective measures to create a healthy and civilized Internet access environment and guide Internet users, especially young people, to access the Internet healthily.
Article 12 Producers of Internet information network products shall respect the intellectual property rights of others and oppose the production of products containing harmful information and infringing the intellectual property rights of others.
Article 13 Practitioners in the entire industry shall jointly prevent the spread of computer malicious code or destructive programs on the Internet, oppose the production and dissemination of computer programs with malicious attack capabilities on computer networks and other people ’s computer information systems, and oppose illegal intrusion or damage to other people ’s computers Information system.
Article 14 Strengthen communication and cooperation, study and explore the development strategy of China's Internet industry, and propose policies and legislative suggestions for the construction, development, and management of China's Internet industry.
Article 15 Support the adoption of various effective ways to carry out cooperation in the fields of scientific research, production and service of the Internet industry, and jointly create a good industry development environment.
Article 16 Enterprises, scientific research, educational institutions and other units and individuals are encouraged to vigorously develop computer software, hardware, and various network products with independent intellectual property rights to provide strong support for the further development of China's Internet industry.
Article 17 Actively participate in international cooperation and exchanges, participate in the formulation of international rules in the same industry, and consciously abide by the international rules signed by China.
Article 18 Consciously accept the supervision and criticism of various sectors of society for their own industries, and jointly resist and correct unhealthy practices in the industry.
Chapter III Implementation of the Convention
Article 19 The China Internet Association is responsible for the organization and implementation of this Convention, and is responsible for transmitting the regulations, policies and industry self-discipline information of Internet industry management to the member units of the Convention, timely reflecting the wishes and requirements of member units to the competent government departments, and safeguarding the legitimate interests of member units. , Organize the implementation of Internet industry self-discipline, and supervise and inspect the compliance of member units with this Convention.
Article 20 Members of this Convention shall fully respect and consciously implement the principles of self-discipline of this Convention.
Article 21 In the event of a dispute between members of the Convention, the parties to the dispute shall strive to resolve the dispute through negotiation in accordance with the principle of mutual understanding and concession, and may also request the implementing agency of the Convention to conduct mediation to consciously maintain the unity of the industry and the overall interests of the industry.
Article 22 If a member unit of this Convention violates this Convention, any other member unit shall have the right to report to the implementing agency of the Convention in a timely manner and request an investigation by the implementing agency of the Convention; the implementing agency of the Convention may also conduct an investigation directly and send the results of the investigation to Announced by all member units.
Article 23 If a member of the Convention violates this Convention, causing adverse effects, and if it is verified to be true, the Convention's implementing agency shall, according to different circumstances, give notice to the member of the Convention or cancel the membership of the Convention.
Article 24 All members of this Convention have the right to supervise the legality and impartiality of the Convention's implementing agencies in implementing this Convention, and have the right to report the violations of this Convention by the implementing agencies or their staff to the competent authorities of the implementing agencies. .
Article 25 The implementing agencies and member units of this Convention must abide by relevant national laws and regulations in the process of implementing and implementing this Convention.
Chapter IV Supplementary Provisions
Article 26 This Convention shall enter into force after it has been signed by the legal representative of the sponsoring unit of the Convention or its authorized representative, and shall be announced to the public by the China Internet Association within 30 days after its entry into force.
Article 27 During the entry into force of this Convention, amendments may be made to this Convention upon the proposal of the Convention's implementing agency or more than one-tenth of its member units and the consent of more than two-thirds of its member units.
Article 28 Chinese Internet industry practitioners accepting the self-discipline rules of this Convention can apply to accede to this Convention; members of this Convention can also withdraw from this Convention and notify the Convention's implementing agencies; the Convention's implementing agencies regularly announce accession to and withdrawal from this Convention List of units.
Article 29 Members of this Convention may initiate the formulation of self-regulatory agreements for various branches of industries under this Convention, and shall be published and implemented as an annex to this Convention with the consent of the members of the Convention.
Article 30 The interpretation of this Convention is the responsibility of the China Internet Association.
Article 31 This Convention shall enter into force on the date of its promulgation.

Interim Measures for the Supervision and Administration of Telecommunication Service Quality

Adopted by the 5th Ministerial Meeting of the Ministry of Information Industry on January 5, 2001, and issued by the Ministry of Information Industry Decree No. 6 on January 11, 2001
Article 1 In order to promote the healthy, orderly, and rapid development of China's telecommunications industry, safeguard the legitimate rights and interests of telecommunications users, and strengthen the supervision and management of the service quality of telecommunications business operators, according to the "Telecommunications Regulations of the People's Republic of China" and relevant laws and administrative regulations The provisions of this method.
Article 2 These Measures shall apply to all telecommunication business operators in the People's Republic of China that have obtained a business license.
Article 3 The Ministry of Information Industry supervises and manages the quality of telecommunication services provided by telecommunication business operators in accordance with relevant national laws and administrative regulations.
Communications administrations of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for supervising and managing the quality of telecommunication services provided by telecommunication service operators in their respective administrative regions. (Ministry of Information Industry, Communications Administration of Provinces, Autonomous Regions, and Municipalities collectively referred to as telecommunications management agencies below)
Article 4 The supervision and management of telecommunication service quality follows the principles of fairness, impartiality, and openness, and implements a combination of government supervision, corporate self-discipline, and social supervision.
Article 5 The tasks of telecommunications service quality supervision and management are to implement management and supervision and inspection of telecommunication service quality provided by telecommunication service operators; to supervise the implementation of telecommunication service standards; to punish violations of the legitimate interests of users in accordance with the law; to summarize and promote advanced 3. Scientific telecommunication service quality management experience.
Article 6 The duties of the telecommunications regulatory agency for service quality supervision are:
(1) To formulate and promulgate relevant standards for telecommunication service quality, management measures and supervise implementation;
(2) Organize users to evaluate the quality of telecommunications services and grasp the service trends in real time;
(3) Rectify and investigate quality problems in telecommunication services, supervise the implementation of processing decisions, implement penalties for operators of illegal telecommunications services, investigate and understand major quality accidents, and announce major service quality to the public Process and result of the event;
(4) Commend and encourage advanced models of user satisfaction in telecommunications services;
(5) Supervising the implementation of the tariff policy standards and format provisions of telecommunication business operators;
(6) Responsible for organizing investigations and mediation of disputes related to service quality incidents.
Article 7 The staff of the telecommunications management agency may exercise the following functions and powers when supervising and inspecting service quality and handling user complaint cases:
(1) Inquiring the unit under inspection and relevant personnel, and requesting relevant materials;
(2) The right to enter the inspected workplace, inquire and copy relevant documents, documents, records and other materials, and temporarily seal relevant original records.
During the process of supervision and inspection by the staff of the telecommunications regulatory agency, they shall present valid credentials and be carried out by two or more staff members.
Article 8 The telecommunication management organization shall conduct random checks on the service quality of telecommunication business operators from time to time and announce the results of the random checks to the society.
Article 9 The telecommunications management agency shall use the user satisfaction index as the core index for evaluating the service quality of telecommunication service operators, and organize user satisfaction evaluation activities for telecommunication service quality. Encourage telecommunications business operators to establish a scientific user satisfaction evaluation system.
Article 10 The telecommunication management agency shall regularly announce the quality of telecommunication services and user satisfaction index to the society.
Article 11 A telecommunications management agency may rely on the National Telecommunications Users Committee and public opinion to communicate with users, listen to their opinions and suggestions, and give full play to the role of users in supervision.
The telecommunications user complaint acceptance center shall regularly report the acceptance of user complaints and statistical analysis.
Article 12 Telecommunication users have the right to supervise the service quality of telecommunications business operators and protect users' rights and interests. They have the right to submit opinions and suggestions to telecommunications business operators and telecommunications management agencies to improve telecommunications services. They have the right to report and sue. Acts that damage the rights and interests of users and illegal acts of dereliction of duty by the relevant staff during supervision and inspection.
Article 13 The telecommunications management authority has the right to require and urge telecommunications business operators to take effective measures to ensure that the quality of services provided is continuously improved.
Article 14 The telecommunications business operator shall pay service quality guarantee deposits to the telecommunications user complaint acceptance center in accordance with regulations.
Article 15 The telecommunication service operators shall formulate and use format terms and conditions shall be reported to the telecommunications management agency for the record. The format clauses should comply with the relevant national laws and administrative regulations, comprehensively and accurately define the rights and obligations between operators and users, and take reasonable measures to draw users' attention to the clauses that exempt or limit the liability of telecommunications service operators, in accordance with the other party's Request, explain this clause. According to the business development, the relevant content of the format clauses should be standardized and adjusted in a timely manner.
Article 16 Operators of telecommunications services shall report telecommunications complaints to the public and provide personnel who accept complaints from users; they shall reply to user complaints within a prescribed time limit and shall not shirk each other; matters supervised by telecommunications management agencies shall be within a prescribed time limit Report the processing results or processes to them; carefully study and actively communicate the opinions and suggestions of users on improving telecommunications services.
Article 17 When a user requests to inquire the communication expenses, the telecommunication service operator shall provide the inquiry convenience and do a good job of interpretation within the storage period of the original billing data. In the case of disputes with users and unresolved, telecommunication service operators shall be responsible for maintaining relevant original materials.
The billing raw data retention period is 5 months.
Article 18 Operators of telecommunication services shall conduct regular self-examinations against telecommunication service standards. Inter-provincial telecommunication business operators will report their self-inspection to the Ministry of Information Industry every six months, and their branch operating units and operators who have obtained provincial telecommunication business licenses will conduct self-inspection to their provinces (autonomous regions, municipalities) Authority report.
In order to block the major communication obstacles stipulated in the Telecommunication Service Standards (Trial), the telecommunications business operators shall report to the telecommunications management agency immediately.
Article 19 The service quality of the telecommunications business unit (or individual) acting as an agent shall be the responsibility of the entrusted telecommunications business operator, as well as the management, supervision and inspection.
Article 20 The telecommunication business operator must cooperate with the inspection or investigation of the telecommunications management agency, truthfully provide relevant information and conditions, and must not interfere with the inspection or investigation activities.
Article 21 For telecommunications business operators that violate telecommunications service standards and damage the legitimate rights and interests of users, the telecommunications management agency will issue a rectification letter within a time limit; those who do not change within the time limit will be given a warning or imposed more than 500 yuan, 10,000 Fines below RMB.
Article 22 If a telecommunications business operator obstructs the telecommunications management agency from conducting supervision, inspection and investigation or providing false information, he shall be ordered to make corrections and be warned. If he fails to do so within the time limit, he shall be fined less than 10,000 yuan.
Article 23 If a telecommunications business operator fails to report the self-examination of service quality to the telecommunications management agency on time and truthfully, a warning shall be given.
Article 24 A telecommunications business operator who refuses to accept the decision on administrative punishment may apply to its superior authority for reconsideration. If it does not accept the reconsideration decision, it may bring a lawsuit to the people's court; it may also directly bring a lawsuit to the people's court.
Article 25 The staff of the telecommunications management agency shall have the obligation to keep confidential the matters related to the parties' privacy, trade secrets, etc. in the information obtained from the investigation.
Article 26 If a staff member of a telecommunications management agency abuses his powers, neglects his duties, or shields a telecommunications service operator from infringing on the legitimate rights and interests of users, he shall be given administrative sanctions by his department or higher authority; if the circumstances are serious enough to constitute a crime, criminal liability shall be investigated in accordance with law.
Article 27 These Measures shall be implemented as of the date of promulgation.

Telecommunication Service Specification

Decree of the Ministry of Information Industry of the People's Republic of China No. 36
"Telecommunications Service Specifications" has been deliberated and approved by the Eighth Ministerial Conference of the Ministry of Information Industry of the People's Republic of China, and is now released for implementation from April 20, 2005.
Minister: Wang Xudong March 13, 2005
Telecommunication Service Specification

Article 1 In order to improve the quality of telecommunications services, safeguard the legal rights of telecommunications users, and ensure the systematic and standardized work of telecommunications services and supervision, this specification is formulated in accordance with the Telecommunication Regulations of the People's Republic of China.
Article 2. These regulations apply to telecommunications services provided by telecommunications service operators who operate telecommunications services in accordance with the law within the territory of the People's Republic of China.
Article 3 The basic quality requirements that should be met when providing telecommunications services for telecommunication business operators are the minimum commitments made by the telecommunications industry to the public, and are applicable to telecommunications services provided by a single telecommunication business network or multiple telecommunication business networks.
Operators of telecommunications services providing telecommunications services shall meet the service quality indicators and communication quality indicators specified in this specification.
The service quality index referred to in this specification refers to a set of parameters that reflect the degree to which the inherent characteristics of telecommunication services meet the requirements and mainly reflect non-technical factors.
The communication quality index referred to in this specification refers to a set of parameters that reflect the accuracy, effectiveness, and security of communications, and mainly reflect technical factors.
Article 4 The Ministry of Information Industry of the People's Republic of China (hereinafter referred to as the Ministry of Information Industry) organizes the formulation of national telecommunication service specifications, and supervises and inspects the implementation of telecommunication service specifications throughout the country.
The communications administrations of the provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as communications administrations) supervise and inspect the implementation of telecommunication service specifications in their respective administrative regions.
In this specification, the Ministry of Information Industry and the Communications Administration are collectively referred to as telecommunications management agencies.
Article 5 The telecommunications business operators may formulate their own enterprise service standards, and the telecommunications business operators shall formulate the enterprise service standards not lower than this specification.
Article 6 Telecommunications business operators shall take effective measures to continuously improve telecommunications services.
Article 7 The telecommunications business operator shall establish and improve a service quality management system, report to the telecommunications management agency in the prescribed time, content and manner, and at the same time notify the society of the quality of service of the enterprise.
When a major communication blockage occurs, the telecommunications business operator shall report to the telecommunications management agency according to the prescribed requirements and time limit. During the accident handling process, the telecommunication service operator shall collect, record and save all accident-related data, and the relevant data and written records shall be kept for at least six months.
Article 8 When providing telecommunications services, telecommunication business operators shall publish their business types, service time limits, tariff standards and service scope, etc., and report them to the local communications administration for the record.
Operators of telecommunication services who have affected or may affect the use of users due to foreseeable reasons such as maintenance of lines, equipment relocation, engineering cutover, network and software upgrades shall notify the users involved 72 hours in advance. If it affects users for more than 24 hours or affects users with special needs, they should report to the local communications administration at the same time.
When a telecommunications business operator ceases to operate a certain business, it shall notify the subscribers involved 30 days in advance, and do a good job of customer aftercare.
Article 9 Telecommunications business operators shall implement the relevant provisions of the national telecommunications tariff management, clearly mark the prices, and take effective measures to facilitate the payment of users' fees and inquiries.
Article 10 When a user applies for a telecommunications service, the telecommunications service operator shall provide the user with a description of the service. The description should include the business function, reach of the business, method of business cancellation, method of fee collection, payment time, obstacle notification telephone, consulting service telephone, etc. The telecommunication business publicity materials should be directed to the entire business process, be easy to understand, truthful and accurate.
Users should be notified 24 hours before the service is suspended or stopped.
Article 11 Telecommunications business operators shall not restrict users to use their designated services or purchase their designated telecommunications terminal equipment in any way. When the user requests to open, change or terminate the telecommunications business, the telecommunications business operator shall not delay, shirk and refuse without justification, and shall not intimidate or embarrass the user.
Operators of telecommunications services that operate local telephone services and mobile telephone services shall comprehensively establish an open and fair selection mechanism for telephone number users.
Article 12 Operators of telecommunications services shall clarify the rights and obligations of both operators and users in written form or in other forms, and the contractual provisions shall be fair, reasonable, accurate, comprehensive, simple and clear.
Article 13 Telecommunications business operators shall reasonably set up service outlets or agencies, arrange service hours reasonably or open multiple ways to accept services, and be convenient for users.
The on-site service personnel should observe the appointment time, show the work certificate or wear the company logo, and the agent should take the initiative to clearly indicate the identity of the telecommunications business agent, take care of user facilities, and maintain a clean environment.
Operators of telecommunications services should provide convenient services for persons with disabilities and elderly users with reduced mobility.
Article 14 Telecommunications business operators shall establish channels and systems for communication with users, listen to their opinions and suggestions, and consciously improve service work.
Operators of telecommunications services shall provide users with services such as business consultation, inquiries, and acceptance of obstacle declarations, and shall take the form of announcing supervision telephones to accept user complaints. For users' complaints about telecommunications services, telecommunications service operators shall reply to users within 15 days of receiving their complaints.
In the event of a dispute between a telecommunications business operator and a user in respect of telecommunications services, relevant original materials shall be kept before the dispute is resolved.
Article 15 When providing telecommunications card services, telecommunications business operators shall provide users with corresponding service guarantees, and shall not issue telecommunications cards that exceed their service capabilities.
The telecommunication service operator shall adopt appropriate methods to clarify the rights, obligations and breach of contract obligations of both the telecommunication service operator and the card user, and inform the user of the usage method, tariff standard, charging method, validity period and other matters that shall be notified to the user.
Telecommunications business operators shall not make unfair and unreasonable regulations for card users, shall not unilaterally exempt or limit the liability of telecommunication business operators, and harm the legitimate rights and interests of users.
Article 16 Where telecommunications services are carried out in the form of an agent, the agent shall implement this specification when providing telecommunications service activities. Telecommunications business operators shall strengthen the management of their business agents, and be responsible for the management and supervision and inspection of the service quality of the telecommunications business units or individuals acting on their behalf.
Article 17 The Communications Management Bureau may make partial adjustments or supplements to the service quality indicators of this specification according to the actual local conditions. If the adjusted index is lower than this specification, it shall be reported to the Ministry of Information Industry for approval.
If the Communications Management Bureau adjusts the service quality indicators in accordance with the preceding paragraph, the administrative region shall implement the adjusted service quality indicators.
Article 18 A telecommunications service operator may agree on relevant issues such as service acceptance, time limit for opening up, and time limit for troubleshooting according to the special needs of users, but its service quality shall not be lower than the service quality indicators set by this specification or by the local communications administration.
Article 19 If the telecommunications services provided by the telecommunications business operator fail to meet the service quality indicators set by this specification or the local communications administration, the telecommunications regulatory agency shall order correction. Those who refuse to make corrections shall be given a warning and a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 20 According to the actual situation, the Ministry of Information Industry may make adjustments to telecommunication business projects, their service quality indicators and communication quality indicators (see the appendix for details) and re-publish them for implementation.
Article 21 These Provisions shall come into force on April 20, 2005, and the Telecommunication Service Standards (Trial) formulated by the Ministry of Information Industry (Xin Bu Dian [2000] No. 27) shall be repealed at the same time.
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