The
Provisional Regulations of the People's Republic of China
Governing the Management of Computer Information Networks
Hooked Up With International Networks
(Promulgated on 1 February 1996 by State Council Decree
No. 195 of the People's Republic of China and revised in
accordance with the 20 May 1997 "Decision of the State
Council on Revising the Provisional Regulations of the
People's Republic of China Governing the Management of
Computer Information Networks Hooked Up With International
Networks")
Article 1
These regulations are formulated to
strengthen the management of computer information networks
hooked up with international networks and safeguard the
healthy development of the international computer
information exchange.
Article 2
Computer information networks within the
territory of the People's Republic of China shall act in
accordance with these regulations when hooking up with
international networks.
Article 3
The connotations of the terms used in these
regulations are as follow:
1. Computer information networks hooking up with
international networks (herein after referred to as
international networking for short) refers to the action of
computer information networks within the territory of the
People's Republic of China to hook up with foreign computer
information networks to realize international exchange of
information.
2. Internet networks refers to computer information networks that conduct
direct international networking; Internet units refers to units responsible for
Internet operations.
3. Internet access networks refers to computer information networks conducting
international networking through access to the Internet
networks; Internet access units refers to units responsible for Internet
operations.
Article 4
The state implements a guideline of unified
planning, unified standards, and separation of management at
different levels to promote the development of international
networking.
Article 5
The Leading Group on Information Advancement
Work under the State Council (herein after abbreviated as
the Leading Group) is in charge of coordinating and
resolving major issues related to international networking
work.
The general office of the Leading Group shall formulate
specific managing measures in accordance with these
regulations; define the rights, obligations, and
responsibility of units providing international access
channels and the rights, obligations, and responsibility of
Internet units and Internet access units; and is in charge
of the inspection and supervision over international
networking.
Article 6
Computer information networks conducting
direct international networking shall use the international
access channels provided by the national public telecommunications
networks of the Ministry of Posts & Telecommunications.
No units or individuals shall set up by themselves or
use other access channels for international networking.
Article 7
Internet networks that have been already
established shall be managed respectively by the Ministry of
Posts & Telecommunications, the Ministry of Electronics
Industry, the State Education Commission, and the Chinese
Academy of Science [CAS] after they are readjusted in
accordance with the relevant regulations of the State
Council.
New Internet networks must have the approval of the
State Council.
Article 8
Internet access networks must conduct
international networking through Internet networks.
Internet access units planning to engage in business
activities related to international networking shall apply
for a business license from the department or unit
authorized to process applications for permission to engage
in business activities related to international networking;
no one shall engage in business activities related to
international networking without an international networking
business license.
Internet access units planning to engage in non-
business activities related to international networking
shall report to the department or unit authorized to examine
and approve applications for permission to engage in non-
business activities related to international networking; no
one is allowed to hook up with the Internet networks to
engage in international networking without approval.
Those applying for an international networking business
license or going through the examination and approval
procedures shall provide such information as the nature and
scope of their computer information networks and the
addresses of their host computers.
The format of the international networking license
shall be formulated centrally by the Leading Group.
Article 9
Internet access units engaging in
international networking business and non-business
operations shall possess the following qualifications:
1. Being legal persons as enterprises or institutions;
2. Possessing relevant computer information networks,
equipment, and relevant technical and managerial personnel;
3. Possessing sound security and classified information
protection management systems as well as technical
protection measures;
4. Possessing other qualifications as prescribed by the
law and State Council regulations.
In addition to possessing the qualifications provided
for in the preceding paragraph of this article, Internet
access units engaging in business activities related to
international networking shall possess the ability to
provide long-term service to users.
Where access units engaging in business activities
related to international networking no longer meet the
qualifications as provided for in Paragraphs 1 and 2 of this
article because of a change in conditions, their
international networking licenses shall be revoked by the
issuing organ; where Internet access units engaging in non-
business activities related to international networking no
longer meet the qualifications as provided for in Paragraph
1 of this article because of a change in conditions, their
international networking qualifications shall be canceled by
the approving organ.
Article 10
Computers or computer information networks
used by individuals, legal persons, and other organizations
(hereinafter referred to as users) shall conduct
international networking through Internet access networks
when there is such a need.
When computers or computer information networks
referred to in the preceding paragraph need to access
Internet access networks, they shall obtain the approval of
the Internet access unit and complete the registration
procedures.
Article 11
Units providing international access
channels, Internet units, and Internet access units shall
set up relevant networking management centers, strengthen
the management of their units and users, and carry out
security management work over network information to provide
good, safe services to users.
Article 12
Internet units and Internet access units
shall be responsible for their own units' as well as users'
Internet-related technical training and managerial
education.
Article 13
Units and individuals engaging in
international networking shall observe relevant state laws
and administrative rules and regulations, and strictly
implement a security and classified information protection
system; they are not allowed to use international networking
to harm national security, leak state secrets, and engage in
law-breaking criminal activities; and they are not allowed
to produce, read, duplicate, or circulate information
hampering public security and obscene pornographic
information.
Article 14
Public security organs shall order those
who violate the provisions of Articles 6, 8, and 10 to stop
networking, issue them a warning, and impose a fine of no
more than 15,000 yuan; earnings from illegal activities
shall be confiscated where applicable.
Article 15
Those who violate these regulations while
at the same time breaking other relevant laws and
administrative rules and regulations shall be punished in
accordance with the relevant laws and administrative rules
and regulations; those whose action constitute a crime shall
be investigated to ascertain their criminal responsibility.
Article 16
Networking with computer information
networks in Taiwan, Hong Kong, and Macao shall be conducted
with reference to these regulations.
Article 17
These regulations shall take effect on the
day of promulgation.
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