Provisional Regulation of the People’s Republic of China for the Administration of International Networking of Computer Information Networks (Revised in 2024) 

Promulgation Authority: State Council of the People’s Republic of China

Release date: 2024.03.10

Source: http://www.customs.gov.cn/kjs/zcfg73/6121080/index.html

Original Title: 中华人民共和国计算机信息网络国际联网管理暂行规定

Provisional Regulation of the People’s Republic of China for the Administration of International Networking of Computer Information Networks (Revised in 2024)

(Promulgated under Decree No.195 of the State Council of the People’s Republic of China on 1 February 1996, revised for the first time in accordance with the Decision of the State Council on Amending the Provisional Administrative Regulations of the People’s Republic of China on International Networking of Computer Information Networks on 20 May 1997, and revised for the second time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on 10 March 2024)

Article 1 This Regulation is enacted in order to strengthen the administration of international networking of computer information networks and to ensure the healthy development of the exchange of international computer information.

Article 2 The international networking of the computer information networks within the territory of the People’s Republic of China is subject to this Regulation.

Article 3 For the purpose of this Regulation, the following terms are defined as below:

(1) The international networking of computer information networks (hereinafter “international networking” in short) refers to the connection of the computer information networks within the territory of the People’s Republic of China with foreign computer information networks in order to achieve an international exchange of information.

(2) The inter-connected networks refer to the computer information networks with direct international networking; “inter-connected entities” refer to the entities responsible for the operation of inter-connected networks.

(3) The access networks refer to the computer information networks which are connected to the inter-connected networks for international networking; the access entities refer to the entities which are responsible for the operation of the inter-connected network.

Article 4 The State follows the principles of overall planning, uniform criteria, graded administration and the promotion of development for international networking.

Article 5 The information technology leading group of the State Council (hereinafter “the Leading Group” in short) is responsible for coordinating and resolving major issues encounter in the international networking.The office of the Leading Group shall formulate detailed administrative measures in accordance with this Regulation, specifying the rights, obligations and responsibilities of suppliers of international inward and outward channels, inter-connected entities, access entities and users, and are responsible for the inspection and supervision on the international networking.

Article 6 The international inward and outward channels provided by the national public telecommunication network shall be used when a computer information network is directly international networking.No entity or individual may establish channels by itself/himself or use other channels for the international networking.

Article 7 After being adjusted as required by the State Council, the already established inter-connected networks shall be administered by the competent department of telecommunications of the State Council, the administrative department of education of the State Council and the Chinese Academy of Sciences respectively.To establish a new inter-connected network, approval from the State Council is required.

Article 8 An access network must be internationally connected via an inter-connected network.To engage in the operation activities of international networking, the access entity shall apply to the competent department or authority of the interconnected entity, which has the authority to accept and deal with the applications for international networking operation activities, for the business certificate of international networking; those failing to acquire such business certificate shall not conduct business operations of international networking.

To engage in the non-operation activities of international networking, the access entity shall apply to the competent department or authority of the interconnected entity, which has the authority to accept and deal with the applications for international networking operation activities, for the business certificate of international networking; those failing to acquire the business certificate of international networking shall not connect via the internet network for international networking. When applying for the business certificate of international networking or going through the procedures of examination and approval, the access entity shall provide materials concerning the nature, scope of application and host address of its computer information network.

The format of the business certificate of international networking shall be formulated by the Leading Group in a unified form.

Article 9 To engage in the operation and non- operation activities of international networking, an access entity shall meet the following requirements:

(1) being an enterprise with legal personality or a public institution with legal personality established according to the law;

(2) having corresponding computer information networks, equipment, technical personnel and management personnel;

(3) having a sound security and confidentiality management system and technical protection measures; and

(4) complying with other conditions stipulated by laws and regulations of the State Council.To engage in the operation activities of international networking, the access entity shall also be capable of providing long-term services to the users, in addition to meeting the requirements as specified in the preceding paragraphs of this Article.

Where the conditions of the access entity engaging in the operation activities of international networking change and the access entity no longer meets the requirements as stipulated in Paragraphs 1 and 2 of this Article, its business license for international networking shall be revoked by the issuing authority; where the conditions of the access entity engaging in the non-operation activities change and the access entity no longer meets the requirements as stipulated in Paragraph 1 of this Article, its qualification of international networking shall be revoked by the examination and approval authority.

Article 10 Where any computer or computer information network used by an individual, a legal person or any other organization (hereinafter collectively referred to as the users) needs to connect to the international network, such computer or network shall be connected to the international network via an access network.Where the computer or computer information network referred to in the preceding paragraph needs to connect to an access network, the consent of the access entity shall be obtained, and registration procedures shall be completed.

Article 11 The supplier of international inward and outward channels, inter-connected entities and access entities shall establish a corresponding network management center, strengthen the management on themselves and their users in accordance with the law and relevant provisions of the State, improve the administration on the network information security and ensure the provision of good and safe services to the users.

Article 12 Inter-connected entities and access entities shall be responsible for providing technical training and management education in respect of international networking to themselves and their users.

Article 13 Entities and individuals engaging in the operation of international networking shall abide by relevant State laws and administrative regulations and strictly implement the security and confidentiality system. No entity or individual may take advantage of international networking to endanger State security, disclose State secrets or engage in other illegal or criminal activities. No entity or individual may produce, consult, copy or disseminate information that may obstruct public order or contains pornographic content.

Article 14 Whoever violates the provisions of Articles 6, 8 and 10 hereof will be ordered to cease networking and issued with a warning by public security organs. A fine of not more than 15,000 yuan may be imposed concurrently. Any illegal earning, if any, shall be confiscated.

Article 15 Whoever violates both this Regulation and other relevant laws and administrative regulations at the same time shall be punished in accordance with the relevant laws and administrative regulations. Where a criminal offence is constituted, criminal liability shall be pursued in accordance with the law.

Article 16 Networking with the computer information networks in Taiwan, Hong Kong or Macao regions shall be carried out according to this Regulation mutatis mutandis.

Article 17 This Regulation shall take effect as of the date of promulgation.