Regulations on the Administration of Business Premises of Internet Access Service (2022 Revision)

Regulations on the Administration of Business Premises of Internet Access Service (2022 Revision)

(Issued by Order No. 363 of the State Council of the People's Republic of China on September 29, 2002, revised for the first time according to the Decision of the State Council on Repealing and Amending Some Administrative Regulations issued on January 8, 2011, revised for the second time according to the Decision of the State Council on Amending Some Administrative Regulations issued on February 6, 2016, revised for the third time according to the Decision of the State Council on Amending Some Administrative Regulations issued on March 24, 2019, and revised for the fourth time according to the Decision of the State Council on Amending and Repealing Some Administrative Regulations issued on March 29, 2022)

Chapter I General Provisions

Article 1 These Regulations have been formulated to strengthen the administration of business premises of Internet access services, to regulate the business actions of the operators, to safeguard the legal rights and interests of the public and the operators, to guarantee the sound development of the business activities of Internet access services and to promote the building of socialist spiritual civilization.

Article 2 Business premises of Internet access services in these Measures shall mean the premises of a profit-making nature, such as network bars, computer lounges etc, which provide the public with Internet access services through computer and other equipment.

The premises that are affiliated to schools and libraries and that provide certain objects with Internet access services for obtaining the materials and information shall not be governed by these Regulations, but shall conform to the relevant laws and regulations.

Article 3 The operating entities of business premises of Internet access services (hereinafter referred to as “operating entities”) shall abide by the relevant laws and regulations, enhance the industrial self-discipline, voluntarily accept the supervision and administration by the relevant governmental departments in accordance with law and provide good services for the Internet users.

The Internet users in the business premises of Internet access services shall abide by the relevant laws and regulations, comply with social ethics, and access to the Internet in a civilized and healthy way.

Article 4 The departments of cultural administration of the people's governments at or above the county level shall be in charge of the examination and approval of the establishment of operating entities, and shall be in charge of the supervision and administration of the business activities of those operating entities established pursuant to law; the departments of public security shall be in charge of the supervision and administration of the security of information and networks, public security and fire control of the operating entities; the departments of industry and commerce administration shall be in charge of the registration and the management of business licenses of the operating entities, and shall investigate and punish the unlicensed business activities pursuant to law; the departments of telecommunication administration and other relevant departments shall, within their respective scope of duties, supervise and administer the operating entities in accordance with these Regulations, and the relevant laws and administrative regulations.

Article 5 The personnel of the departments of cultural administration, public security, industry and commerce administration and other relevant departments shall not engage in any business activities of Internet access services or do so in a disguised form, neither may they participate in any business activities conducted by the operating entities or do so in a disguised form.

Article 6 The state encourages the citizens, legal persons and other organizations to supervise the business activities of the operating entities, and will reward those with outstanding contributions.

Chapter II Formation

Article 7 The state applies a permission system with respect to the operating entities. Without permission, no organization or individual may engage in any business activities of Internet access services.

Article 8 To engage in the business activities of Internet access services, an operating entity shall meet the following conditions:

(1) Having the name, domicile, organizational structures and articles of association of an enterprise.

(2) Having the funds that match its business activities.

(3) Having the business premises that match its business activities and in conformity with the conditions for fire control provided for by the state.

(4) Having a sound and perfect management system for security of information and networks and the corresponding technical measures for security.

(5) Having fixed net addresses, and computers and subsidiary equipment that match its business activities.

(6) Having the personnel for operation and management, for security management and the technical professionals that match its business activities and having obtained the practicing qualifications.

(7) Other conditions provided for by laws, administrative regulations and the relevant departments under the State Council.

The minimum area for business operations, the quantities of computers and subsidiary equipment, and the standard for the area of a single seat in the business premises of Internet access services shall be provided for by the department of cultural administration under the State Council.

In the approval of an application for engaging in the business activities of Internet access services, apart from the conditions provided for in Paragraphs 1 and 2 of this Article, the total number of operating entities and the requirements for their layout provided for by the department of cultural administration under the State Council and the departments of cultural administration of the people's governments of the provinces, autonomous regions and municipalities directly under the central government shall also be met.

Article 9 No business premise of Internet access services may be set up within 200 meters around the campus of any secondary or elementary schools or in any residential buildings (yards).

Article 10 To apply for engaging in the business activities of Internet access services, an operating entity shall file an application with the administrative department of cultural affairs of the local people's government at or above the county level, and submit the following documents:

(1) The business license and bylaws of the enterprise.

(2) The identification of the legal representative or the primary person in charge.

(3) The capital and credit certification.

(4) The certificate of title to or the letter of intent to lease a business place.

(5) Other documents legally required to be submitted.

Article 11 The department of cultural administration shall make the decision within 20 workdays from the day of receipt of the application for establishment; and issue the documents of approval for preparation to those that meet the conditions after examination.

After finishing the preparation for construction, an applicant shall make a commitment to the public security organ at the same level that it satisfies the examination conditions of information network security, and enter into a letter of commitment upon confirmation by the public security organ. The applicant shall also undergo the approval formalities in accordance with the relevant laws and regulations on the administration of fire prevention and control.

The applicant shall, after implementing the letter of commitment on information network security and obtaining the approval document on fire control security, apply to the culture administrative department for final examination. The culture administrative depar......