(Promulgated by the State Council on September 29, 2002)
Chapter I General Provisions
Article 1
For the purposes of enhancing the administration of internet access service places, regulating the business behaviors of service providers, protecting the legitimate rights and interests of public members and service providers, ensuring the healthy development of internet access service activities, and promoting the socialist spiritual civilization, this Regulation is formulated.
Article 2
In this Regulation, internet access service place means any business place such as internet bar or cyber-cafe wherein the service for access to the internet is provided to public members by means of computers and other equipment.
Internal places established by such units as school and library wherein the service for access to the internet is provided to the specific users for obtaining data and information shall be subject to relevant laws and regulations, and this Regulation shall not be applicable thereto.
Article 3
Internet access service units shall comply with the provisions of relevant laws and regulations, strengthen their industrial self-discipline, accept conscientiously the supervision and control from relevant government departments according to law, and provide sound services to service consumers.
Service consumers in internet access service places shall comply with the provisions of relevant laws and regulations, observe social morality, and carry on civilized and healthy activities on the internet.
Article 4
Culture administrative departments under the people's governments at and above the county level shall take charge of examining and approving the establishment of internet access service units and of supervising and controlling business activities of internet access service units established according to law. Public security organs shall take charge of supervising and controlling the information network security, public security and fire safety of internet access service units. Industry and commerce administrative departments shall take charge of controlling the registration and business licenses of internet access service units and the legal investigation and punishment of non-licensed business activities. Other relevant departments such as telecommunication administration shall, according to the provisions of this Regulation, relevant laws and administrative regulations, impose relevant supervision and control on internet access service units within their respective spheres of duties and responsibilities.
Article 5
Culture administrative departments, public security organs, industry and commerce administrative departments and other relevant departments as well as their staffs may not, openly or in covert forms, carry on internet access service activities or participate in the business activities of internet access service units.
Article 6
The State shall encourage citizens, legal persons and other organizations to supervise the business activities of internet access service units, praise and reward those who have made great contributions.
Chapter II Establishment
Article 7
The State shall adopt a system of approval for the business activities of internet access service units. Without approval, any organization or individual may not establish any internet access service place or carry on any internet access service activity.
Article 8
Every internet access service unit shall be in the form of enterprise. It shall satisfy the following conditions:
1. To have the name, address, organizational structure and articles of association as an enterprise has;
2. To have the capital suitable to its business activities;
3. To have the business place suitable to its business activities and in compliance with the provisions of the State on fire safety;
4. To have a perfect and complete system for information network security management and technical measures for security;
5. To have a fixed network address, computers and other auxiliary equipment suitable to its business activities;
6. To have personnel for security and safety management, business management and special technology suitable to its business activities and in possession of qualifications for service; and
7. Other conditions required by laws, administrative regulations and relevant departments under the State Council.
The culture administrative department under the State Council shall determine the minimum areas of business, quantity of computers and auxiliary equipment and the area standard for a single machine in an internet access service place.
Besides complying with the conditions set forth in the first and second paragraphs of this Article, an internet access service unit shall also comply with the provisions of the culture administrative department under the State Council and the culture administrative department under the people's government of the province, autonomous region or municipality directly under the Central Government on the total number and location.
Article 9
No internet access service place may be established within 200 meters around middle and primary schools or within the areas of residential buildings.
Article 10
The applicant desiring to establish an internet access service unit shall submit an application and the following documents to the culture administrative department under the people's government at or above the county level:
1. Notice of predetermination of the name and articles of association of the unit to be established;
2. Identity documents of the legal representative or principal responsible person;
3. Credit document for the fund;
4. Document of title or lease intention of the business place; and
5. Other documents to be submitted according to law.
Article 11
The culture administrative department shall make the decision within 20 working days from receipt of an application. If the applicant has satisfied the conditions, the culture administrative department shall issue a document of approval for the preparatory stage.
The applicant shall, after finishing the preparatory work and by presenting the document of approval for the preparatory stage, apply for the examination in respect of information network security and fire safety to the public security organ at the same level. The public security organ shall make the decision within 20 working days from receipt of the application. If the applicant has passed the spot inspection and satisfied the conditions, the public security organ shall issue a document of approval.
The applicant shall, by presenting the document of approval issued by the public security organ, apply for the final examination and approval to the culture administrative department. The culture administrative department shall make the decision according to the provisions of Article 8 of this Regulation within 15 working days from receipt of the application. If the applicant has passed the spot inspection and satisfied the conditions, the culture administrative department shall issue a Network Culture Service Permit.
The culture administrative department or the public security organ shall give in writing the reasons to the applicant if it believes that his application does not satisfy the conditions.
The applicant shall apply for registration to the industry and commerce administrative department by presenting the Network Culture Service Permit, and may commence service only after obtaining a business license according to law.
Article 12
No internet access service unit may alter, lend, rent out, or transfer in any form, its Network Culture Service Permit.
Article 13
An internet access service unit desiring to change the address of its business place, to reconstruct or to expand its business place, or to change the quantity of its computers or other major matters, shall obtain approval from the original examining and approving organ.
An internet access service unit desiring to change its name, address, legal representative or principal responsible person, registered capital, network address or to terminate its service, shall apply to the industry and commerce administrative department for the registration of change or cancellation according to law, and apply for the relevant procedures or for the record to the culture administrative department and the public security organ.
Chapter III Business Operation
Article 14
No internet access service unit or consumer may, in any internet access service place, produce, download, copy, inquire, publish, spread or use in any form, the information having the following contents:
1. Opposing cardinal principles set forth in the Constitution;
2. Being harmful to the unity, sovereignty and territorial integrity of the State;
3. Divulging the State's secret, or being harmful to the State's security, honor or interests;
4. Inciting national hatred or discrimination, or being harmful to the national solidarity, customs or habits;
5. Infringing the religious policy of the State, or propagating evil religion or superstition;
6. Spreading rumors, disrupting public order, or being harmful to social stabilization;
7. Propagating obscenity, gambling or violence, or abetting crimes;
8. Slandering or insulting other persons, or prejudicing the legitimate rights and interests of others;
9. Being harmful to social morality or excellent cultural tradition of the nation; or
10. Other contents prohibited by laws and administrative regulations.
Article 15
No internet access service unit or consumer may have any of the following activities harmful to the information network security:
1. Intentionally to produce or spread computer virus or other destructive programs;
2. Illegally to access any computer information system or to destroy its performance, data and application program; or
3. To have other activities prohibited by laws and administrative regulations.
Article 16
Internet access service units shall join to the internet through the internetworking service providers that have obtained the business license, and may not use other manners to join to the internet.
The computers provided by internet access service units to service consumers for use must be connected to the internet in the form of local area network, and may not be connected directly thereto.
Article 17
No internet access service unit may have any non-network game.
Article 18
No internet access service unit or consumer may, openly or in covert forms, use a network game or any other manner for a gambling activity.
Article 19
Internet access service units shall have technical measures for business operation and management, establish an internal touring inspection system, prevent and report any consumer on the internet who commits any act listed in Article 14, 15 or 18 of this Regulation or other illegal acts to the culture administrative department and the public security organ immediately after discovered.
Article 20
Internet access service units shall hang the Network Culture Service Permit and the business license on the noticeable location of their business places.
Article 21
No internet access service unit may permit any person under age to enter its business place.
Internet access service units shall, in the noticeable location of entryway of their business places, install the signs to prohibit the persons under age from entering.
Article 22
The business hours of every internet access service place shall be limited to the length of eight to twenty-four o'clock every day.
Article 23
Internet access service units shall inspect and record the valid certificates of service consumers such as identity card, and record the relevant internet information. Such records and backups shall be preserved within the period of not less than 60 days, and shall be provided when culture administrative departments and public security organs require them according to law. No record or backup may be changed or cancelled within the period of preservation.
Article 24
Internet access service units shall fulfill their duties for information network security, public security and fire safety according to law, and comply with the following provisions:
1. To prohibit from naked lighting and smoking, and to place signs for prohibiting smoking;
2. To prohibit from bringing in or storing inflammable and explosive articles;
3. To prohibit from installing fixed and closed door and window railings;
4. To prohibit from blocking or locking doors, windows, emergency ways and exits within business hours; and
5. To prohibit from unapproved removal of technical measures for security and safety.
Chapter IV Penalty Provisions
Article 25
If a culture administrative department, a public security organ, an industry and commerce administrative department or other relevant department, or its staff, by taking advantage of the position to accept money, property or other benefits from others, illegally approves the establishment of an internet access service unit that fails to satisfy the conditions of establishment, or fails to perform the duty of supervision and control, or fails to investigate and to handle the illegal act after discovered, its principal persons and other persons directly responsible shall be demanded for criminal responsibilities according to law and the provisions of the Criminal Law on the crime of acceptance of bribes, the crime of abuse of powers, the crime of negligence of duties or other crimes in case the act infringes the provisions of the Criminal Law; or be given administrative sanctions such as demotion to a lower rank, removal from office or discharge according to law in case the act is not serious enough to be punished criminally.
Article 26
Any staff of a culture administrative department, a public security organ, an industry and commerce administrative department or other relevant department carrying on, openly or in covert forms, an internet access service activity, or participating, openly or in covert forms, in the business activity of an internet access service unit, shall be given administrative sanctions such as demotion to a lower rank, removal from office or discharge according to law.
If a culture administrative department, a public security organ, an industry and commerce administrative department or other relevant department commits any act listed in the paragraph above, its principal persons and other persons directly responsible shall be given administrative sanctions according to law and the provisions of the paragraph above.
Article 27
If, in violation of the provisions of this Regulation, an internet access service place is established or an internet access service activity is carried on, the industry and commerce administrative department shall, independently or together with the public security organ, ban the said place or activity according to law, seal up the place having the illegal activity, and seize the special tools and equipment for the illegal activity; if it infringes the Criminal Law, the party concerned shall be demanded for criminal responsibility according to law and the provisions of the Criminal Law on the crime of illegal business operation; if the circumstance is not serious enough to be punished criminally, the industry and commerce administrative department shall confiscate the ill-gotten revenue and special tools and equipment for the illegal activity; and concurrently impose a fine of more than five times but less than ten times the amount of illegal operation if the amount of illegal operation exceeds 10,000 yuan, or a fine of more than 10,000 yuan but less than 50,000 yuan if the amount of illegal operation does not exceed 10,000 yuan.
Article 28
An internet access service unit that, in violation of the provisions of this Regulation, alters, lends, rents out, or transfers in any form, its Network Culture Service Permit, shall be demanded for criminal responsibility according to law and the provisions of the Criminal Law on the crime of forging, altering, buying or selling the official documents, certificates or seals of the State organs in case the act infringes the Criminal Law; in case its act is not serious enough to be punished criminally, the culture administrative department shall revoke its Network Culture Service Permit, confiscate its ill-gotten revenue; and concurrently impose a fine of more than two times but less than five times the amount of illegal operation if the amount of illegal operation exceeds 5,000 yuan, or a fine of more than 5,000 yuan but less than 10,000 yuan if the amount of illegal operation does not exceed 5,000 yuan.
Article 29
An internet access service unit that, in violation of the provisions of this Regulation, produces, downloads, copies, inquires, publishes, spreads or uses in any form, in the internet access service place, the information having the contents prohibited in Article 14 of this Regulation, shall be demanded for criminal responsibility according to law in case the act infringes the Criminal Law; if its act is not serious enough to be punished criminally, the public security organ shall give a warning, confiscate the ill-gotten revenue; and concurrently impose a fine of more than two times but less than five times the amount of illegal operation if the amount of illegal operation exceeds 10,000 yuan, or a fine of more than 10,000 yuan but less than 20,000 yuan if the amount of illegal operation does not exceed 10,000 yuan; if the circumstance is serious, the public security organ shall order the said internet access service unit to suspend business for rectification, or the culture administrative department shall revoke its Network Culture Service Permit.
A service consumer who commits any act listed in the paragraph above shall be demanded for criminal responsibility according to law in case his act infringes the Criminal Law; if his act is not serious enough to be punished criminally, the public security organ shall give penalties according to the provisions of the Regulation for Punishment in Respect of Public Security Administration.
Article 30
If an internet access service unit, in violation of the provisions of this Regulation, commits any of the following acts, the culture administrative department shall give a warning thereto, and concurrently may impose a fine of less than 15,000 yuan thereon; if the circumstance is serious, the culture administrative department shall order the said internet access service unit to suspend business for rectification, or revoke its Network Culture Service Permit:
1. Carrying on the business beyond the business hours specified;
2. Permitting a person under age to enter its business place;
3. Having a non-network game;
4. Without approval, removing technical measures for business operation and management; or
5. Failing to hang its Network Culture Service Permit or to install the sign to prohibit the persons under age from entering.
Article 31
If an internet access service unit, in violation of the provisions of this Regulation, commits any of the following acts, the culture administrative department and the public security organ shall, according to their respective limits of power, give a warning thereto, and concurrently may impose a fine of less than 15,000 yuan thereon; if the circumstance is serious, it shall order the said internet access service unit to suspend business for rectification, or the culture administrative department shall revoke its Network Culture Service Permit:
1. 1. Failing to use the mode of local area network when connecting to the internet the computers provided to service consumers'
2. 2. Failing to establish the touring inspection system, or failing to prevent and report to the culture administrative department and the public security organ any service consumer committing an illegal act;
3. Failing to inspect and record the valid certificates of service consumers such as the identity card or to record the relevant internet information according to the provisions;
4. Failing to preserve records and backups within the specified period; or changing or canceling records or backups within the period of preservation; or
5. Failing to apply for the relevant procedures or for the record to the culture administrative department or the public security organ when changing its name, address, legal representative or principal responsible person, registered capital, network address or terminating its service.
Article 32
If an internet access service unit, in violation of the provisions of this Regulation, commits any of the following acts, the public security organ shall give a warning thereto, and concurrently may impose a fine of less than 15,000 yuan thereon; if the circumstance is serious, it shall order the said internet access service unit to suspend business for rectification, or the culture administrative department shall revoke its Network Culture Service Permit:
1. Using naked lighting or failing to prevent smoking after discovered, or failing to place the sign for prohibiting smoking;
2. Permitting to bring in or to store inflammable and explosive articles;
3. Installing fixed and closed door and window railings in the business place;
4. Blocking or locking doors, windows, emergency ways and exits within the business hours; or
5. Without approval, removing technical measures for security and safety.
Article 33
A party concerned who infringes the provisions of the State on information network security, public security, fire control, industrial and commercial administration or telecommunication administration shall be demanded for criminal responsibilities according to law in case the act infringes the Criminal Law; or be punished by the public security organ, industry and commerce administrative department or telecommunication administrative organ according to law in case the act is not serious enough to be punished criminally; if the circumstance is serious, the original issuing organ shall revoke the permit or license.
Article 34
An internet access service unit that is revoked its Network Culture Service Permit administratively due to its infringement of the provisions of this Regulation shall accomplish the registration of change or cancellation with the industry and commerce administrative department according to law. If the said unit fails to respond as scheduled, the industry and commerce administrative department shall revoke its business license.
Article 35
If an internet access service unit is revoked its Network Culture Service Permit due to its infringement of the provisions of this Regulation, its legal representative or principal responsible person may not assume the same position of any internet access service unit within five years from the revocation of the Network Culture Service Permit.
If an internet access service unit established without approval is banned, its legal representative or principal responsible person may not assume the same position of any internet access service unit within five years from the banning.
Article 36
When imposing a fine administratively according to the provisions of this Regulation, the separation of decision of fine and collection of fine shall be done according to the provisions of relevant laws and administrative regulations. All fines and ill-gotten revenues collected must be turned in to the State Treasury.
Chapter V Supplementary Provisions Article 37 This Regulation shall enter into operation on November 15, 2002. The Measures for Administration of Internet Access Service Places promulgated by the Ministry of Information Industry, the Ministry of Public Security, the Ministry of Culture and the State Administration for Industry and Commerce on April 3, 2001 shall be repealed at the same time.
