Provisions on the Administration of Internet Domain Names — Full English Translation (2017)

Promulgated by Order No. 43 of the Ministry of Industry and Information Technology of the People’s Republic of China on August 16, 2017

Effective: November 1, 2017

Table of Contents

Chapter I — General Provisions

Article 1 — These Provisions are enacted in accordance with the Administrative Licensing Law of the People’s Republic of China, the Cybersecurity Law of the People’s Republic of China, the Measures on the Administration of Internet Information Services of the State Council, and other relevant laws and administrative regulations, for the purposes of regulating Internet domain name services, protecting the legitimate rights and interests of users, ensuring the secure and reliable operation of the Internet domain name system, and promoting the development and application of Chinese domain names and national top-level domain names.

Article 2 — These Provisions apply to the provision of Internet domain name services and their operation, supervision and administration within the territory of the People’s Republic of China.

For the purposes of these Provisions, “Internet domain name services” (hereinafter referred to as “domain name services”) means services including domain name root server operation and management, top-level domain name operation and management, domain name registration, and domain name resolution.

Article 3 — The Ministry of Industry and Information Technology of the People’s Republic of China (hereinafter referred to as “MIIT”) shall be responsible for the administration of China’s Internet domain name services. It shall perform the following main duties:

(1) Formulating the development plans and management policies for Internet domain names;

(2) Formulating technical standards for Internet domain name services such as domain name registration and resolution;

(3) Supervising and administering the provision of Internet domain name services within the territory;

(4) Other duties prescribed by laws, administrative regulations and rules.

Telecommunications administration authorities of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the administration of domain name services within their respective administrative areas in accordance with their duties.

Article 4 — The MIIT shall be responsible for establishing and administering the domain name root servers within the territory of China and the corresponding domain name root system; it shall establish and administer the operation and management institutions for domain name root servers and domain name root systems, as well as the registration authorities and registration service agencies for domain names.

Article 5 — The “.CN” domain name is China’s country code top-level domain (ccTLD). The MIIT shall administer the registration, resolution and services of the “.CN” domain name in accordance with law.

Article 6 — Domain name service agencies shall comply with laws, regulations and rules, abide by social ethics and business ethics, be honest and trustworthy, safeguard the legitimate rights and interests of users, and consciously accept social supervision.

Article 7 — The State encourages and supports the research, promotion and application of Chinese domain names and other multilingual domain name technologies to promote the internationalization of domain names.

Chapter II — Domain Name Administration

Article 8 — Domain name systems within the territory of China, such as the domain name root server operating institutions, domain name root server operating and management institutions, top-level domain name operating and management institutions, domain name registration authorities, and domain name registration service agencies, shall operate in accordance with the law and accept the supervision and administration of the MIIT and telecommunications administration authorities of provinces, autonomous regions and municipalities directly under the Central Government.

Article 9 — The establishment of domain name root servers and the establishment of domain name root server operating institutions and domain name root server operating and management institutions within the territory of China shall be subject to the permission of the MIIT.

Article 10 — Top-level domain name operating and management institutions shall obtain the permission of the MIIT to engage in corresponding top-level domain name operating and management activities.

To apply for permission to operate and manage top-level domain names, the following conditions shall be met:

(1) The domain name management system is within the territory of China and conforms to China’s Internet development plan and domain name system security assurance plan;

(2) The applicant is a legally established legal person within the territory of China, and the legal representative is a Chinese citizen;

(3) Having a sound domain name registration service management system and a domain name registration service agency supervision mechanism;

(4) Having a sound network and information security assurance system and technical measures;

(5) Having emergency response plans and technical management measures suitable for the domain name services provided;

(6) Having professional technical and management personnel appropriate for the scale of business;

(7) Other conditions prescribed by laws, administrative regulations and rules.

Article 11 — Domain name registration authorities and domain name registration service agencies shall obtain the permission of the MIIT or telecommunications administration authorities of provinces, autonomous regions and municipalities directly under the Central Government to engage in corresponding domain name registration services.

Article 12 — The establishment of a domain name registration authority shall meet the following conditions:

(1) The domain name management system is within the territory of China;

(2) The registered capital shall be no less than 1 million yuan;

(3) Having no less than three persons professionally engaged in domain name registration services and being familiar with relevant laws and regulations, having the capability to provide Internet services and having passed relevant training;

(4) Having a sound network and information security assurance system and technical measures;

(5) Having a sound domain name registration service management system and good faith management mechanisms such as the real-name verification of domain name registrants and the protection of domain name registrants’ information;

(6) Having good faith and credibility;

(7) Other conditions prescribed by laws, administrative regulations and rules.

Article 13 — The establishment of a domain name registration service agency shall meet the following conditions:

(1) The domain name registration service system is within the territory of China;

(2) Having a sound network and information security assurance system and technical measures;

(3) Having a sound domain name registration service management system and good faith management mechanisms such as the real-name verification of domain name registrants and the protection of domain name registrants’ information;

(4) Having good faith and credibility.

Chapter III — Domain Name Service Agencies

Article 14 — Domain name service agencies shall, within one month after issuance, modification, or renewal of their telecommunications business operation permits, report relevant information to the MIIT or the telecommunications administration authority of the relevant province, autonomous region, or municipality directly under the Central Government for record filing.

Article 15 — Domain name service agencies shall announce to the public the content, time limits, fee standards and other information related to their domain name services, ensure the quality of services, and shall not engage in unfair competition practices such as false advertising.

Article 16 — Domain name service agencies shall implement the real identity information verification system for domain name registrants, verify the authenticity, accuracy and completeness of the identity information provided by domain name registrants, and shall not provide domain name registration services for those failing to provide real identity information or using false identity information.

Article 17 — Domain name service agencies shall establish and improve information security management systems, take effective technical measures to prevent the theft, destruction, loss or leakage of domain name registrants’ information, and protect domain name registrants’ personal information in accordance with the provisions of laws and administrative regulations. Domain name registrants’ information shall not be sold, illegally provided to others or disclosed without the consent of the domain name registrant.

Article 18 — Domain name service agencies shall establish complaint reporting mechanisms, accept and handle complaints and reports from users in a timely manner, and keep records of acceptance and handling.

Article 19 — Domain name service agencies shall cooperate with the supervision and inspection carried out by domain name administrative departments in accordance with law, and provide necessary technical and data support and assistance as required.

Chapter IV — Domain Name Registration

Article 20 — Any individual or organization (hereinafter referred to as “domain name registrant”) applying for registration of a domain name shall comply with the following requirements:

(1) Provide true, accurate and complete identity information and other relevant registration information;

(2) The domain name applied for registration shall comply with the requirements of laws and regulations and shall not contain prohibited content;

(3) The domain name shall not infringe upon the legitimate rights and interests of others.

Article 21 — Upon approval of registration, the domain name registrant shall become the holder of the domain name, and the domain name shall have an operational lifespan.

Article 22 — Domain name registrants shall ensure that the identity information they provide is true, accurate and complete. Where the identity information changes, domain name registrants shall update the information with the domain name registration service agency in a timely manner.

Article 23 — Domain name registrants shall use registered domain names in compliance with laws, regulations and rules, and shall not use domain names to engage in illegal activities.

Article 24 — Domain name registration authorities and domain name registration service agencies shall review whether the domain names applied for registration violate the provisions of Article 20 of these Provisions. Where domain names fail to pass review, the registration shall not be approved.

Article 25 — Domain name registration service agencies shall report and register domain name information, domain name registrant information and other relevant information with the domain name registration authority and the domain name root server operating and management institution in accordance with the requirements of domain name registration authorities.

Article 26 — Where the content or information of a website for which a domain name has been registered is determined by the relevant competent department to be illegal in accordance with law, the domain name registration authority and domain name registration service agency shall, upon notice from the relevant competent department, take measures such as suspending resolution or canceling the domain name in accordance with law and regulations.

Chapter V — Domain Name Resolution

Article 27 — The provision of domain name resolution services shall comply with relevant laws, regulations and national standards, ensure the security and stability of domain name resolution services, and users shall be notified in advance and provide reasonable transitional arrangements when changing domain name resolution service providers.

Article 28 — Domain name resolution service providers shall establish corresponding management systems and emergency response mechanisms, and make technical arrangements for domain name resolution to support the supervision and administration of Internet information content in accordance with law.

Article 29 — Where domain name resolution service providers discover that domain names within their resolution service scope contain content prohibited by laws and administrative regulations, they shall stop providing resolution services for the relevant domain names and keep relevant records, and report to the relevant competent department.

Article 30 — Domain name resolution service providers shall provide users with convenient means of reporting illegal and harmful information such as complaint hotlines and email addresses, and shall handle reports in a timely manner upon receipt.

Article 31 — Where domain name resolution service providers provide domain name forwarding or redirection services for others, they shall verify the domain name registrant’s real identity information and the content of the resolved or redirected website.

Chapter VI — Supervision and Inspection

Article 32 — Telecommunications administration authorities shall supervise and inspect the domain name service activities of domain name service agencies, and the provision of domain name resolution services. Domain name service agencies and domain name resolution service providers shall cooperate with the supervision and inspection and provide necessary information and data.

Article 33 — When performing their supervision and inspection duties, telecommunications administration authorities may take the following measures:

(1) Entering the business premises of domain name service agencies for on-site inspection;

(2) Requiring domain name service agencies to provide relevant documents, records and data;

(3) Questioning the relevant personnel of domain name service agencies about matters related to their supervision and inspection duties;

(4) Other measures prescribed by laws and regulations.

Article 34 — Where telecommunications administration authorities discover during supervision and inspection that domain name service agencies have violated laws, regulations or these Provisions, they shall order correction in accordance with law. Where correction is not made within the time limit, they shall impose penalties in accordance with the provisions of these Provisions.

Article 35 — The MIIT shall establish a credit management system for domain name service agencies, incorporate domain name service agencies’ credit standing into the credit records, and make such records public in accordance with regulations.

Chapter VII — Penalties

Article 36 — Where domain name service agencies provide domain name services without authorization in violation of the provisions of these Provisions, the telecommunications administration authority shall order them to cease the illegal activities and may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan, and shall make a public announcement.

Article 37 — Where domain name service agencies violate the provisions of Articles 14, 15, 16 or 17 of these Provisions, the telecommunications administration authority shall order them to make correction within a specified time limit and may impose a fine of not less than 10,000 yuan but not more than 30,000 yuan, and shall make a public announcement.

Article 38 — Where domain name registration service agencies violate the provisions of Article 25 of these Provisions by failing to report and register relevant domain name information, the telecommunications administration authority shall order them to make correction within a specified time limit and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.

Article 39 — Where domain name service agencies violate the provisions of Article 26 of these Provisions by failing to take measures such as suspending resolution or canceling domain names, the telecommunications administration authority shall order them to make correction and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan, and shall make a public announcement.

Article 40 — Where domain name resolution service providers violate the provisions of Articles 28, 29, 30 or 31 of these Provisions, the telecommunications administration authority shall order them to make correction within a specified time limit and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan, and shall make a public announcement.

Article 41 — Where the illegal activities specified in these Provisions constitute a crime, criminal liability shall be pursued in accordance with law.

Chapter VIII — Supplementary Provisions

Article 42 — For the purposes of these Provisions:

(1) “Domain name services” means activities including domain name root server operation and management, top-level domain name operation and management, domain name registration, and domain name resolution;

(2) “Domain name root server operating institutions” means institutions providing domain name root parsing services;

(3) “Domain name root server operating and management institutions” means institutions providing operation and management services for domain name root servers;

(4) “Top-level domain name operating and management institutions” means institutions providing registration and management services for domain names under top-level domains;

(5) “Domain name registration authorities” means institutions responsible for operating and administering the database of domain name registration information at one or more levels;

(6) “Domain name registration service agencies” means institutions accepting applications for domain name registration, completing domain name registration in the domain name database, and directly or indirectly completing domain name renewal, domain name transfer and other services.

Article 43 — The domain name root server operating institutions and domain name root server operating and management institutions within the territory of China, and domain name registration authorities and domain name registration service agencies established before the effectiveness of these Provisions shall undergo reexamination within six months from the effective date of these Provisions. Those that meet the conditions set forth in these Provisions shall be granted written confirmation; those that fail to meet the conditions shall be ordered to make corrections within a specified time limit or their relevant permits shall be revoked.

Article 44 — These Provisions shall come into effect on November 1, 2017. The Measures on the Administration of China Internet Domain Names issued by the former Ministry of Information Industry on November 5, 2004 shall be repealed simultaneously.

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