Shanghai Jerry Group Inc. - China Business Consultants

Beijing posts new business Web site regulations

The latest text of regulations for business Web sites was released by the Beijing Municipal Administration for Industry and Commerce on the Registration and Filing of Online Business Operations in the Aug. 28 edition of the People's Daily and took effect Sept. 1.

Chapter I General provisions

Article 1 These Procedures are made in accordance with related state laws and regulations in a bid to protect the legitimate rights and interests of business Web site owners and standardize the operation of Web sites.

Article 2 Procedures for the filing and registration of business Web sites are identical throughout the country. The Beijing Municipal Administration for Industry and Commerce, as the competent authority authorized by the State Administration for Industry and Commerce for experimenting with the national filing and registration of business Web sites (referred to as the Competent Authority hereinafter), exercises supervision and management over business Web sites.

Article 3 A business Web site in these Procedures is defined as an electronic platform established with Internet technologies and with an independent domain name obtained from the domain name authorities. Through this platform, the owner of the Web site can release information and advertisements, set up e-mail boxes and conduct business activities via the Internet, or provide Internet space to others for carrying out the aforesaid activities.

The owner of the Web site refers to the owner of the domain name of the Web site, except what is stipulated in a contract.

Article 4 A business Web site in these Procedures is a Web site with one of the following features:

1. The owner of the Web site or one of the owners of the Web site is an enterprise; and

2. The Web site engages in business operations aiming to make a profit.

Article 5 An owner of a business Web site shall apply to the Competent Authority for filing and registration, obtain a Certificate of Business Web Site Filed and Registered, and install electronic identification for filing and registration on the front page of the site.

The Beijing Municipal Administration for Industry and Commerce itself makes the paper copies of the certificate as well as the electronic identification.

Article 6 The owner of a business Web site shall provide personnel for information checks to prevent and eliminate, in a timely manner, all kinds of unlawful information or information that harms social morals and efforts to build a socialist civilization with a high cultural and ideological level.

Article 7 While operating a Web site, the owner of a business Web site shall abide by state laws and regulations, adhere to professional ethics, raise the level of socialist civilization, improve internal management, accept supervision from the government and pubic alike, and prevent illegal operations.

Chapter II Application, verification and ratification

Article 8 The establishment of a business Web site is handled as the establishment of a branch of an enterprise. If explicit stipulations are made in these Procedures concerning specific matters, such provisions shall be followed.

Article 9 The filing and registration of a business Web site shall be applied for by the owner of the site.

If the owner of a Web site entrusts the filing and registration to others, the filing and registration shall be carried out in accordance with regulations of the Competent Authority.

Article 10 The owner of a business Web site shall have a relevant business scope. If a business Web site was opened prior to the promulgation of these Procedures and does not conform to the previous provision, its owner shall go through formalities at the local administration for industry and commerce and rectify the business scope within 30 days beginning from the day of the promulgation of these Procedures.

Article 11 Individuals that establish a business Web site shall go through related formalities for industrial and commercial registration and obtain a business license before applying for the filing and registration of the Web site.

Individuals who opened a business Web site prior to the promulgation of the Procedures shall go through the aforesaid formalities at the local administration for industry and commerce.

Article 12 The filing and registration of a business Web site shall include information on the basic conditions of the Web site and the owner of the Web site. The owner of the Web site shall, according to the requirements of the Competent Authority, accurately fill out and submit relevant documents and testimonial papers.

Article 13 While going through formalities of filing and registration, the business Web site shall apply for the registration of its domain name.

Article 14 The application, obtaining, modification, cancellation and other issues relating to the name of the Web site shall be dealt with by the Competent Authority in line with related provisions in the Interim Procedures Governing the Registration of Web Site Names and detailed rules for their implementation.

Article 15 The applicant shall apply for the filing and registration of Web sites online and submit relevant information in conformity with the forms and procedures provided at the Web site of Hongdun 315 (http://www.hd315.gov.cn/).

Article 16 The applicant shall submit written testimonial documents to the Competent Authority within 30 days of completing the online application. If the applicant fails to submit the written testimonial documents within the stated period of time, the application shall be canceled.

Article 17 After ratifying the application documents submitted by the owner of a Web site, the Competent Authority shall guide the owner of the Web site to download and install electronic identification. Only when the electronic identification is correctly installed can the Web site start trial operation.

Article 18 During trial operation, the Competent Authority shall announce the name of the registered Web site in accordance with the Interim Procedures Governing the Registration of Web Site Names.

During trial operation, the name of the registered Web site is subject to dispute. During the period, the owner of the Web site shall have no exclusive right to the name of the Web site being used.

Article 19 The Competent Authority will issue a Certificate of Web Site Name Registered and a Certificate of Business Web Site Filed and Registered to the Web site upon ratification of its registered name. The Competent Authority shall also issue a public notice. From then on, the owner of the Web site has the exclusive right to the name of the registered Web site and the site automatically begins formal operation.

Article 20 If the Web site does not pass the period of dispute on the name of the registered Web site, the owner of the Web site may re-apply for the name of registered Web site. During the re-application, the period of dispute will be postponed.

The continuous time of the trial operation of a business Web site shall be no more than 12 months.

Chapter III Modification, assignment and annual checks

Article 21 If any modification is to be made in the filing and registration of the business Web site, the owner of a Web site shall, according to related regulations, apply to the Competent Authority to make changes relating to the filing and registration.

Name changes of a Web site shall accord with related provisions as stipulated in the Interim Procedures Governing the Registration of Web Site Names.

Article 22 If a business Web site is to be transferred, the transferer shall apply for cancellation and submit the letter of assignment reached by the two parties. Upon approval of the Competent Authority, the transferer no longer has the relevant rights for online operation or the exclusive rights to the name of the registered Web site. The Competent Authority revokes the Certificate of Web Site Name Registered and the Certificate of Business Web Site Filed and Registered from the transferer.

Article 23 The assignee shall apply to the Competent Authority for filing and registration according to the Procedures. Upon confirmation, the Competent Authority issues the Certificate of Web Site Name Registered and the Certificate of Business Web Site Filed and Registered and makes an announcement.

Article 24 After obtaining a Certificate of Business Web Site Filed and Registered, a business Web site shall apply to the Competent Authority for annual checks. In the meantime, the site shall apply to the Competent Authority for any modifications to be made in the registration.

Chapter IV Cancellation

Article 25 If a Web site stops operation because it is closed, revoked, or bankrupt or for other reasons, the owner of the Web site shall go through cancellation formalities at the Competent Authority.

Article 26 While going through cancellation formalities, the owner of the Web site shall provide the Competent Authority with an application form for canceling the registration and other related testimonial documents. Upon ratification, the Competent Authority shall take back the Certificate of Web Site Name Registered and the Certificate of Business Web Site Filed and Registered and revoke the electronic identification.

Chapter V Supervision and management

Article 27 If a Web site fails to operate within six months after its owner obtains a Certificate of Business Web Site Filed and Registered, or if the Web site stops operation for one year, the Competent Authority shall take back the Certificate of Web Site Name Registered and the Certificate of Business Web Site Filed and Registered and shall revoke the electronic identification.

Article 28 The Competent Authority shall, according to related laws and regulations, mete out penalties to those violating Article 10 and Article 11 of the Procedures.

Article 29 In any one of the following cases, the Competent Authority may order the owner of a Web site to amend its behavior. If the misconduct is of a serious nature, the Competent Authority can revoke the Certificate of Business Web Site Filed and Registered as well as the electronic identification and make an announcement. Misconduct of a serious nature includes:

Concealing the true facts and practicing fraud in the filing and registration;

Forging, obliterating, renting, lending, selling or arbitrarily assigning a Certificate of Business Web Site Filed and Registered;

Installing the electronic identification incorrectly and refusing to correct it, or arbitrarily changing the electronic identification;

Not canceling the registration or conducting annual checks in accordance with stipulated provisions;

Engaging in illegal activity on the filed and registered Web site.

Article 30 Web sites which were set up and did not going through formalities of filing and registration prior to the promulgation of the Procedures, shall file and register with the Competent Authority within 60 days after the promulgation of the Procedures. Administrations for industry and commerce shall order those that fail to go through the formalities within the stated time to correct themselves. Activities of a serious nature shall be investigated and penalized in accordance with administrative regulations governing industry and commerce.

Article 31 Web site owners that forge the electronic identification shall be investigated and penalized by administrations for industry and commerce in line with related laws and regulations.

Chapter VI Supplementary provisions

Article 32 Web sites that filed and registered for online operations prior to the promulgation of the Procedures shall update their formalities in accordance with related provisions at the site of Hongdun 315.

Article 33 Beijing Municipal Administration for Industry and Commerce shall be responsible for interpretation of the Procedures.

Article 34 These Procedures took effect on Sept. 1, 2000.

The Announcement of Beijing Municipal Administration for Industry and Commerce on the Registration and Filing of Online Business Operations issued on March 28, 2000, and its supplementary rules issued on May 18, 2000, shall be simultaneously abolished.