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(Originally
promulgated on February 1, 1996 by State Council Decree No 195 and
revised by the State Council on May 20, 1997)
Article
1. These regulations are formulated to strengthen the management
of computer information networks connected to 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 follows:
(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 and 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 and 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 licence 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 licence.
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 licence 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 licence 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 cancelled 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 centres, 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 actions 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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