Chapter I General Provisions

Article 1 Internet Domain Name Regulations (hereinafter referred to as the “Regulations”) are formulated in accordance with the provisions of the Administrative License Law of the People’s Republic of China, Decision of the State Council on Establishing Administrative Licensing for the Administrative Approval Items Really Necessary to Be Retained etc., with reference to the international rules for the administration of Internet domain names, with a view to regulating Internet domain name services, protecting users’ legitimate rights and interests, safeguarding the secure and reliable operation of the Internet domain name system, facilitating the development and application of Chinese domain names and national Top Level Domain (TLD) names and promoting the healthy development of the Internet in China.

 

Article 2 The Regulations shall be observed in the provision of Internet domain name services and in such activities as operation, maintenance, supervision and administration in relation thereto within the territory of the People's Republic of China.

 

Internet domain name services (hereinafter referred to as the “Services”) herein, refer to such activities as the operation and management of DNS root servers and TLD names, domain name registration, and domain name resolution.

 

Article 3 The Ministry of Industry and Information Technology shall supervise and administer the Services throughout the country. Its main responsibilities are as follows:

 

(I) Formulating the regulations and policies concerning the administration of the Internet domain names;

 

(II) Establishing plans for the development of Internet domain name system and domain name resources in China;

 

(III) Administrating domestic operation entities of DNS root server and domain name registry;

 

(IV) Managing network and information security for the domain name system;

 

(V) Protecting users’ personal information and legitimate rights and interests in accordance with the law;

 

(VI) Conducting international coordination in relation to domain names;

 

(VII) Managing domestic domain name resolution services;

 

(VIII) Managing other activities related to the Services.

 

Article 4 Communications administrations of provinces, autonomous regions and municipalities directly under the Central Government shall supervise and administer the Services within their respective administrative divisions. Their main responsibilities are as follows:

 

(I) Implementing laws, administrative rules, regulations and policies on domain name administration;

 

(II) Managing domain name registrars within their respective administrative divisions;

 

(III) Assisting the Ministry of Industry and Information Technology with the management of operation entities of DNS root server and domain name registry within their respective administrative divisions;

 

(IV) Managing network and information security for the domain name system within their respective administrative divisions;

 

(V) Protecting users’ personal information and legitimate rights and interests in accordance with the law;

 

(VI) Managing domain name resolution services within their respective administrative divisions;

 

(VII) Managing other activities related to the Services within their respective administrative divisions.

 

Article 5 Internet domain name system in China shall be proclaimed by the Ministry of Industry and Information Technology. The Ministry of Industry and Information Technology may adjust the Internet domain name system in China according to practical situation.

 

Article 6 “.CN” and “.中国” are national TLD names in China.

 

Chinese domain name is an integral part of the Internet domain name system in China. The State encourages and supports the technical research, spreading and application of Chinese domain names.

 

Article 7 Services shall be provided in compliance with relevant state laws and regulations and in accordance with relevant technical specifications and standards.

 

Article 8 No organization or individual may interfere with the safe and stable operation of the Internet domain name system.

 

Chapter II Domain Name Administration

 

Article 9 The establishment of any DNS root server, operation entity thereof, domain name registry or domain name registrar within the territory of China shall be subject to the acquisition in accordance with the Regulations of corresponding license from the Ministry of Industry and Information Technology or the communications administration of relevant province, autonomous region or municipality directly under the Central Government (hereinafter referred to as the “Regulator”).

 

Article 10 Any organization that applies for the establishment of any DNS root server or operation entity thereof shall meet the following requirements:

 

(I) The DNS root server shall be placed within the territory of China, in line with relevant plans for Internet development and the requirements for safe and stable operation of the domain name system;

 

(II) Being a corporate body established in accordance with the law, with itself and its major investors and key management personnel having a good credit record;

 

(III) Having premises, funds, environment, professionals and technical capacity to ensure safe and reliable operation of the DNS root server and an information management system meeting the requirements of the Regulator;

 

(IV) Having sound network and information security safeguards, including management personnel, network and information security management system, emergency response plan, relevant technical and management measures etc.;

 

(V) Having the ability to protect users’ personal information and provide long-term service, and a sound service quitting mechanism;

 

(VI) Other requirements as prescribed by laws and administrative regulations.

 

Article 11 Any organization that applies for the establishment of any domain name registry shall meet the following requirements:

 

(I) The domain name administration systems shall be set up within the territory of China, and the TLD names held shall be in compliance with applicable laws and regulations and requirements for safe and stable operation of the domain name system;

 

(II) Being a corporate body established in accordance with the law, with itself and its major investors and key management personnel having a good credit record;

 

(III) Having sound business development plans and technical solutions, premises, funds and professionals suitable for the operation and administration of TLD names, and an information management system meeting the requirements of the Regulator;

 

(IV) Having sound network and information security safeguards, including management personnel, network and information security management system, emergency response plan, relevant technical and management measures etc.;

 

(V) Having the ability to verify identity information, protect users’ personal information and provide long-term service, and a sound service quitting mechanism;

 

(VI) Having a sound domain name registration service management system and a mechanism for the supervision of domain name registrars;

 

(VII) Other requirements as prescribed by laws and administrative regulations.

 

Article 12 Any organization that applies for the establishment of any domain name registrar shall meet the following requirements:

 

(I) Having a domain name registration service system, a registration database and a corresponding domain name resolution system established within the territory of China;

 

(II) Being a corporate body established in accordance with the law, with itself and its major investors and key management personnel having a good credit record;

 

(III) Having premises, funds and professionals suitable for the provision of domain name registration services, and an information management system meeting the requirements of the Regulator;

 

(IV) Having the ability to verify identity information, protect users’ personal information and provide long-term service, and a sound service quitting mechanism;

 

(V) Having a sound domain name registration service management system and a mechanism for the supervision of domain name registration agencies;

 

(VI) Having sound network and information security safeguards, including management personnel, network and information security management system, emergency response plan, relevant technical and management measures etc.;

 

(VII) Other requirements as prescribed by laws and administrative regulations.

 

Article 13 Applicants for the establishment of any DNS root server, any operation entity thereof, or any domain name registry shall submit application materials to the Ministry of Industry and Information Technology, and those for the establishment of any domain name registrar shall submit the same to the communications administration of the province, autonomous region or municipality directly under the Central Government where their domiciles are located.

 

The application materials shall include:

 

(I) Basic situation of the applicant and a letter of undertaking signed by its legal representative to conduct business in good faith in accordance with the law;

 

(II) Certificates evidencing effective management of the Services, including certificates of relevant systems, premises and service capacity, management system, agreements signed with other organizations etc.;

 

(III) Network and information security safeguard system and measures;

 

(IV) Materials evidencing the applicant’s credit standing;

 

Article 14 Where the application materials are complete and comply with the legal forms, the Regulator shall issue to the applicant a notice on acceptance of application; in case the application materials are incomplete or do not comply with the legal forms, the Regulator shall give a one-time notification in writing to the applicant of all supplementary materials required on the spot or within five working days; for applications rejected, the Regulator shall issue a notice on rejection of application to the applicant with reasons therefor.

 

Article 15 The Regulator shall accomplish the review of application within 20 working days as of the date of acceptance thereof, and make a decision on whether or not to approve the application. In case the decision cannot be made within 20 working days, the period may be extended for another 10 working days with the approval of the person in charge of the Regulator, and the applicant shall be notified of the reason for such extension. Where any expert argumentation is required, the time for such argumentation shall not be included in the time limit for review.

 

For applications approved, a corresponding document of approval shall be issued; for those rejected, the applicants shall be notified in writing thereof with reasons therefor.

 

Article 16 The term of license of any operation entity of DNS root server, domain name registry or domain name registrar shall be 5 years.

 

Article 17 Where there is any change to the name, domicile, legal representative, or any other information of any operation entity of DNS root server, domain name registry or domain name registrar, formalities for the change of such information shall be handled with the original license issuing authority within 20 days as of the date of change.

 

Article 18 Where during the term of license, any operation entity of DNS root server, or any domain name registry or registrar intends to terminate relevant services, it shall notify its users in writing 30 days in advance, propose feasible ex post solutions, and submit a written application to the original license issuing authority.

 

The original license issuing authority shall, upon receipt of the application, make a 30-day announcement thereof to the public and, within 60 days as of the expiry of such 30-day period, accomplish the review thereof and make a decision thereon.

 

Article 19 Upon expiry of the term of license, where any organization intends to continue providing the Services, it shall apply for the extension thereof with the original license issuing authority 90 days in advance; where any organization no longer engages in the provision of the Services, it shall report to the original license issuing authority 90 days in advance, and deal with follow-up work.

 

Article 20 Where any domain name registrar entrusts any domain name registration agency with such work as marketing, it shall supervise and manage the work done by such agency.

 

The agency shall, in the course of doing such work as marketing as entrusted, take the initiative to manifest the principal-agent relationship, and specify in domain name registration service contracts the name of relevant domain name registrar and its agency relationship therewith.

 

Article 21 Domain name registry and registrars shall set up within the territory of China corresponding emergency response backup systems and back up on a regular basis domain name registration data.

 

Article 22 Operation entities of DNS root server, domain name registry and registrars shall indicate their licensing information on the homepage of their websites and prominent positions of their premises. The domain name registries shall also indicate a list of domain name registrars in cooperation therewith.

 

Domain name registration agencies shall indicate the name of the domain name registrars for which they act as an agent on the homepage of their websites and prominent positions of their premises.

 

Chapter III Services

 

Article 23 Operation entities of DNS root server, domain name registry and registrars shall provide their users with safe, convenient and stable services.

 

Article 24 Domain name registries shall formulate in accordance with the Regulations detailed rules for the implementation of domain name registration, and disclose the same to the public.

 

Article 25 Domain name registries shall carry out domain name registration services through domain name registrars licensed by the Regulator.

 

Domain name registrars shall provide services within the scope of the domain name registration service items licensed by the Regulator, and may not provide domain name registration services for any domain name registry which has not been licensed by the Regulator.

 

Article 26 In principle, the domain name registration follows the rule of “first come, first served”, unless otherwise provided for in corresponding detailed rules for the implementation of domain name registration, in which case the latter shall prevail.

 

Article 27 In order to protect the national interests and the social public interests, domain name registries shall set up a system of reserved words in domain name registration.

 

Article 28 Contents in any of the following circumstances shall not be included in any domain name registered and used by any organization or individual:

 

(I) Being against the basic principles prescribed in the Constitution;

 

(II) Jeopardizing national security, leaking state secrets, intending to overturn the government, or disrupting state integrity;

 

(III) Harming national honor and interests;

 

(IV) Instigating hostility or discrimination between different nationalities, or disrupting the national solidarity;

 

(V) Violating the state religion policies or propagating cult and feudal superstition;

 

(VI) Spreading rumors, disturbing public order or disrupting social stability;

 

(VII) Spreading pornography, obscenity, gambling, violence, homicide, terror or instigating crimes;

 

(VIII) Insulting, libeling against others and infringing other people's legal rights and interests; or

 

(IX) Other contents prohibited by laws and administrative regulations.

 

Domain name registry and registrars may not provide services for domain names containing any of the contents listed in the preceding paragraph.

 

Article 29 Any domain name registrar may not defraud, intimidate or take any other malfeasant measures to request others to register domain names.

 

Article 30 Domain name registrars shall, in order to provide domain registration services, require the applicants for domain name registration to provide domain name registration information, including the authentic, accurate and complete identity of the domain name holder.

 

Domain name registry and registrars shall verify the authenticity and completeness of the domain name registration information.

 

Where the domain name registration information provided by any applicant for domain name registration is inaccurate or incomplete, the domain name registrar shall require it to make corrections or provide supplementary information. Where the applicant fails to do so or provide false domain name registration information, the domain name registrar may not provide it with domain name registration services.

 

Article 31 Domain name registrars shall publish the contents, durations and fees of domain name registration service, ensure the quality thereof, and provide WHOIS search service for the domain name registration information.

 

Article 32 Domain name registry and registrars shall store and protect users’ personal information in accordance with the law, and may not provide any user’s personal information to others without such user’s consent, unless otherwise provided for by laws and administrative regulations.

 

Article 33 Where there is any change to the contact information or other information of any domain name holder, formalities for the change of domain name registration information shall be handled with the applicable domain name registrar within 30 days after such change takes place.

 

Where any domain name is transferred by its holder to others, the transferee shall abide by relevant requirements for domain name registration.

 

Article 34 Domain name holders shall have the right to select and alter domain name registrars. In case of alteration of domain name registrar, the original domain name registrar shall render cooperation in transferring relevant information on domain name registration.

 

Without justifiable reason, domain name registrars may not prevent any domain name holder from altering domain name registrar.

 

Where the resolution of any domain name is required to be ceased by the Regulator in accordance with the law, the domain name registrar with which such domain name is registered may not be altered.

 

Article 35 Domain name registry and registrars shall set up a complaint handling mechanism, and disclose the ways to receive complaints to the public on the homepage of their websites and prominent positions of their premises.

 

Domain name registry and registrars shall handle complaints in a timely manner and, in case they are unable to do so, provide reasons therefor and a time limit for handling.

 

Article 36 Any organization providing domain name resolution service shall comply with relevant laws, regulations and standards, have corresponding technologies, services and the capacity to ensure network and information security, carry out network and information security safeguard measures, record and retain DNS logs, maintain logs and alter records in accordance with the law, and ensure the quality of resolution service and the safety of the resolution system, and shall, for providing telecommunication service, if any, obtain a business license therefor in accordance with the law.

 

Article 37 Any organization providing domain name resolution service may not modify any resolution information without authorization.

 

No organization or individual may maliciously direct any domain name resolution to others’ IP address.

 

Article 38 Any organization providing domain name resolution service may not provide any domain forwarding service for any domain name containing any content listed in Paragraph 1, Article 28 of the Regulations.

 

Article 39 Any organization engaging in the provision of Internet information services shall use domain names in accordance with laws, regulations and relevant provisions of the Regulator, and may not use any domain name for conducting any illegal act.

 

Article 40 Domain name registry and registrars shall render cooperation in the inspection carried out by relevant state authorities in accordance with the law, and take such measures as ceasing the resolution of domain names involved in illegal acts as required by the Regulator.

 

Domain name registry and registrars shall, upon finding any release or transmission by any domain name for which they provide services of any information which is prohibited from release or transmission by laws and administrative regulations, forthwith take such measures as eliminating and ceasing resolution to prevent information diffusion, retain relevant records, and report to relevant authorities.

 

Article 41 Operation entities of DNS root server and domain name registry and registrars shall comply with relevant state laws, regulations and standards, carry out network and information security safeguard measures, equip themselves with necessary network communication emergency devices, set up and improve technical means for network and information security supervision and an emergency response system and, in case of any network and information security event in the domain name system, report to the Regulator within 24 hours.

 

As required by national security and emergency handling, operation entities of DNS root server and domain name registry and registrars shall submit to the unified command and coordination by the Regulator, and comply with the management requirements thereof.

 

Article 42 Where any organization or individual deems that any domain name registered or used by others infringes its or his/her legitimate rights and interests, it or he/she may petition the domain name dispute resolution authority for ruling, or file a lawsuit with the people’s court in accordance with the law.

 

Article 43 Any registered domain name in any of the following circumstances shall be cancelled by the domain name registrar, with notification sent to the holder thereof:

 

(I) The domain name holder applies for cancellation of the domain name;

 

(II) The domain name holder submitted false domain name registration information;

 

(III) The domain name shall be cancelled according to judgment made by the people’s court or ruling made by the domain name dispute resolution authority;

 

(IV) Other circumstances in which the domain name shall be cancelled as provided for by laws and administrative regulations.

 

Chapter IV Supervision and Inspection

 

Article 44 The Regulator shall reinforce supervision and inspection of the Services, and operation entities of DNS root server and domain name registry and registrars shall accept and render cooperation in such supervision and inspection.

 

Service providers shall be encouraged to conduct self-regulation, and the public shall be encouraged to supervise the Services.

 

Article 45 Operation entities of DNS root server and domain name registry and registrars shall, as required by the Regulator, report on a regular basis such information as business development, safe operation, network and information security accountability, and handling of complaints and disputes.

 

Article 46 The Regulator shall, in carrying out supervision and inspection, examine the materials submitted by the operation entities of DNS root server and domain name registry and registrars, and inspect their implementation of laws, regulations and relevant provisions of the Regulator thereby.

 

The Regulator may entrust a third party professional agency with relevant supervision and inspection activities.

 

Article 47 The Regulator shall establish a credit recording system for the operation entities of DNS root server and domain name registry and registrars, and record in their credit files their violations of the Regulations for which administrative penalties are imposed.

 

Article 48 The Regulator may not, in carrying out supervision and inspection, interfere with the normal operation and service activities of the operation entities of DNS root server and domain name registry and registrars, collect any fees, or disclose any domain name registration information which it is informed of.

 

Chapter V Penalties

 

Article 49 In case anyone who, in violation of the provisions of Article 9 of the Regulations, sets up any DNS root server, operational institute thereof, or domain name registry or registrar without permission, the Regulator shall take measures to deter the same and, depending on the seriousness of the circumstances, give warning or impose a fine of no less than RMB10,000 but no more than RMB30,000 according to Article 81 of the Administrative Licensing Law of the People's Republic of China.

 

Article 50 Where any domain name registry or registrar commits any of the following acts in violation of the provisions hereof, the Regulator shall ex officio order the same to make corrections within a prescribed time limit, impose in view of the seriousness of the circumstances a fine of no less than RMB10,000 but no more than RMB30,000, and disclose the same to the public:

 

(I) Providing domain name registration service for any unlicensed domain name registry, or conducting domain name registration service through any unlicensed domain name registrar;

 

(II) Failing to provide services within the scope of licensed domain name registration service items;

 

(III) Failing to verify the authenticity and completeness of domain name registration information;

 

(IV) Preventing any domain name holder from altering domain name registrar without any justifiable reason.

 

Article 51 Where anyone who provides domain name resolution service in violation of the provisions hereof by conducting any of the following acts, the Regulator shall order the same to make corrections within a prescribed time limit and may, in view of the seriousness of the circumstances, impose thereupon a fine of RMB10,000 but no more than RMB30,000, and make an announcement thereof to the public:

 

(I) Altering domain name resolution information without authorization, or maliciously directing domain name resolution to others’ IP address;

 

(II) Providing any domain forwarding service for any domain name containing any content listed in Paragraph 1, Article 28 of the Regulations;

 

(III) Failing to carry out network and information security safeguard measures;

 

(IV) Failing to record and retain DNS logs, maintain logs and alter records in accordance with the law;

 

(V) Failing to deal with as required any domain name involved in illegal act.

 

Article 52 Where anyone violates the provisions of Articles 17, 21, 22, 29, 31, 32 or 41, or Paragraph 1 of Article 18, Paragraph 2 of Article 28, Paragraph 1 of Article 35 or Paragraph 2 of Article 40 hereof, the Regulator shall ex officio order the same to make corrections within a prescribed time limit, and may impose thereupon a fine of no less than RMB10,000 but no more than RMB30,000, and make an announcement thereof to the public.

 

Article 53 Where the penalties on relevant illegal acts are otherwise provided for by laws and administrative regulations, such provisions of applicable laws and administrative regulations shall prevail.

 

Article 54 Any organization or individual registering or using any domain name in violation of Paragraph 1, Article 28 hereof shall, in case such act constitutes a crime, be prosecuted for its or his/her criminal liabilities according to the law or, if the act does not constitute a crime, be penalized by relevant authority in accordance with the law.

 

Chapter VI Supplementary Provisions

 

Article 55 The definitions of the following terms mentioned herein are as follows:

 

(I) Domain name: refers to the character identification of hierarchical structure that identifies and locates a computer on the Internet and corresponds to the IP address of this computer.

 

(II) Chinese domain name: refers to the domain name that contains Chinese characters.

 

(III) Top Level Domain (TLD) name: refers to the name of the first level domain under the root node in the domain name system.

 

(IV) DNS root server: refers to the server that bears the function of root nodes in the domain name system (including the mirror server).

 

(V) Operation entity of DNS root server: refers to the institution that is licensed in accordance with the law to be responsible for operating, maintaining and administering the DNS root server.

 

(VI) Domain name registry: refers to the institution that is licensed in accordance with the law to be responsible for operating and managing certain top level domain name system.

 

(VII) Domain name registrar: refers to the institution that is licensed in accordance with the law to accept applications for domain name registration and complete the same in top level domain name databases.

 

(VIII) Domain name registration agency: refers to the institution that is entrusted by a domain name registrar with the acceptance of applications for domain name registration and indirect completion of the same in top level domain name databases.

 

(IX) Domain name administration systems: refer to major information systems required for the operation and administration of TLD names within the territory of China by the domain name registry, including the registration administration system, registration database, domain name resolution system, domain name inquiry system, identity information verification system etc.

 

(X) Domain forwarding: refers to redirecting visitors of one domain name to other domain name, IP address, network information service, or etc. to which such domain name is tied to or directed.

 

Article 56 The dates provided for herein shall, unless specified as working days, be natural days.

 

Article 57 Anyone who has engaged in the provision of Services without corresponding license prior to the implementation of the Regulations shall handle formalities for obtaining such license in accordance with the provisions hereof within 12 months as of the date of effectiveness hereof.

 

The term of license of operation entities of DNS root server and domain name registry and registrars which have been licensed prior to the implementation of the Regulations shall be governed by the provisions of Article 16 hereof, and be deemed starting from the date of effectiveness hereof.

 

Article 58 The Regulations shall take effective as of Nov. 1, 2017, and the China Internet Domain Name Regulations promulgated on Nov. 5, 2004 (Decree No. 30 of the former Ministry of Information Industry) shall be repealed simultaneously. In case of any discrepancy between relevant provisions promulgated prior to the implementation hereof and the Regulations, the Regulations shall prevail.