How Can I Get an ICP Filing or Commercial ICP License for China?

What is an ICP Filing?

ICP stands for Internet Content Provider.

As China maintains strict control over websites, games, apps, and e-commerce within its borders, any “internet content provider” must first register for licenses with the Chinese Ministry of Industry and Information Technology (MIIT) to be able to post information and/or do business online.

The requirement was instated in September 2000 by the Telecommunications Regulations of the People’s Republic of China and Articles 3 and 4 of Administrative Measures on Internet-Based Information Systems:

Article 3. Internet-based information services are divided into services of a commercial nature and services of a non-commercial nature.

Commercial internet-based information services refer to compensatory services which provide information to or create web pages for online users through the Internet.

Non-commercial internet-based information services refer to non-compensatory services which supply, through the Internet, to online users information which is open to and shared by the general public.

Article 4. The State shall implement a license system for internet-based information services of a commercial nature, and implement a filing-for-record system for internet-based information services of a non-commercial nature.

No one shall engage in internet-based information services without having obtained a license or having completed the filing-for-record procedures.

What types of ICP permits are available?

There are two types of ICP permits available in China. Depending on your app, game, or platform you may require one or both:

• ICP Filing (ICP备案) – The ICP Filing is a legal requirement to host a website or publish an app or miniprogram in China. It is also referred to as an ICP Beian or ICP Recordal. It is required by the Chinese Ministry of Industry and Information Technology for non-commercial websites and administered at the provincial level on a per-domain basis. You will need a separate ICP Filing for each top-level domain.
  
  For non-commercial sites (sites that are purely informational and not involved in selling goods or services), this is the only ICP required. You cannot generate revenue with an ICP Filing, so if the purpose of your site is to generate revenue, then you will need a Commercial ICP License instead. ICP Filing guidelines were established in 2005 in Administrative Measures For the Filing of Not-For-Profit Internet Information Services.
  
  The numbers follow the format 京ICP备12345678号, where the first character indicates the province where the filing was issued. Your ICP Filing will be registered and accessible through an online database. No paper certificate will be issued.

• Commercial ICP License (ICP许可证) – A Commercial ICP License allows a Chinese company to publish a website, platform, or software in China that generates revenue or provides a platform for others to generate revenue. Its official name is 信息服务业务(仅限互联网信息服务). It is also referred to as an ICP Zheng or B25 Commercial ICP License, as it is regulated under category B25 in the Value-Added Telecommunication Services (VATS) licensing system.
  
  A Commercial ICP License is issued on a per-company basis. You will still need to submit an ICP Filing for each top-level domain you use.
  
  These numbers follow the format 京ICP证12345678号, where the first character indicates the province where the license was issued.
  
  Commercial ICP Licenses are required for:
  
  • any commercial website (a website that is not purely informational)
  • paid games or games that have in-app payments and/or in-app advertising
  • apps that have in-app payments and/or in-app advertising
  • SaaS platforms
  • app stores or game stores
  • online marketplace for goods, services or information
  • online games
  • live streaming platforms (although an additional, separate license is also required for this as well)
  • community platform services (a platform for question and answer, social sharing or communication)
  • real-time interactive services (platorms with real-time communication, interactive voice IVR, and video call functions)
  • information protection and processing services (mobile assistants, anti-virus software)
  • shrinking query services (which are not included in browser, with content retrieval in app)
  • information release and express services (maps, discount networks, libraries, life service and information browsing webpages)

Commercial ICP License Certificate Example

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• Individual ICP Filing (ICP个人备案) – Individuals can also apply for an ICP Filing, but their sites are subject to certain restrictions. For example, current MIIT requirements state that forums cannot exist on sites registered with an Individual ICP. Also, if your website contains information about an industry or an enterprise, you cannot apply for an individual ICP Filing.

You can see the ICP Filing or Commercial ICP License numbers for any China-hosted website at the bottom of the front page, where they are required to be displayed:

How can I check whether a website, app or miniprogram has an ICP Filing or Commercial ICP License?

You can check whether a website has already obtained an ICP Filing by visiting https://beian.miit.gov.cn/#/Integrated/index, entering the domain name without “www.” in front (e.g. baidu.com) and then solving a Chinese CAPTCHA by clicking the four characters within the image in the same order in which they are listed in the blue box below. You can also search using the ICP Filing number (e.g. 京ICP备09042378号-6), the Commercial ICP License number (e.g. 京ICP证030173号), or the company name (e.g. 北京百度网讯科技有限公司).

For mobile apps and miniprograms you will need to select ‘APP’ or ‘小程序’ and then search using the ICP Filing number or company name. The ICP Filing for a mobile app or miniprogram is required to be displayed within the Settings section and has an A at the end of it for mobile apps (e.g. 沪B2-20040012-9A) and an X at the end for miniprograms (e.g. 津ICP备2023008153号-1X).

What are the risks of non-compliance with the ICP Filing and Commercial ICP License requirements?

• Websites that have not obtained an ICP Filing are at risk of being blocked and no longer accessible from Mainland China.
• iOS apps that have not obtained an ICP Filing can currently still be published on the Apple App Store China but there is a risk that this will no longer be possible from April 1st 2024 onwards.
• Android apps can not be published on the Chinese Android app stores (https://appinchina.co/market/app-stores/) unless they have obtained an ICP Filing.
• Miniprograms (e.g. WeChat Miniprograms and Alipay Miniprograms) can not be published in China unless they have obtained an ICP Filing.
• Websites, apps and miniprograms that are being operated for commercial purposes under a company that does not hold a Commercial ICP License face the following risks:
  • Fines: many of the recently released laws and regulations allow for fines of up to USD 1.5M for failure to comply, which can apply to both your company and to individual employees.
  • Company Suspension or Closure: if your company has an entity in China then non-compliance will create a substantial risk that your company is either forced to suspend all operations until all compliance issues have been resolved or, in a worst case scenario, be required to shut down.
  • App/Miniprogram Removal: a government department may require Apple, the Chinese Android app stores, Tencent, or Alibaba to permanently take down your app/miniprogram because it is operating without a Commercial ICP License.
• Companies that operate websites, apps and miniprograms that do not hold the required filing or license are at risk of being reported to the Cyberspace Administration of China, Ministry of Industry and Information Technology, Chinese tax authorities, and other government departments by competitors in order to benefit their own business.

What are the benefits of obtaining an ICP Filing or Commercial ICP License?

• You can host your site in China, so it will load faster and is less likely to be blocked by the Great Firewall of China.
• You will be eligible to use the “.cn” and “.com.cn” domain names, which helps SEO and increases credibility.
• Baidu, the most popular search engine in China, gives preference to sites hosted in China.
• You will be able to publish your app or game on all the Chinese app and game stores.

Can I avoid getting an ICP?

If you want to host a website in China, you must get an ICP Filing.

Of course you can host a website outside of China that targets the Chinese market, which may be accessible to Chinese users. However, websites that do not have an ICP Filing are at risk of being blocked in China. And keep in mind that, if your content is hosted on a shared IP address, you would be blocked if anyone else using that same IP gets blocked for any reason. Once your site is blocked, there is no recourse to have it unblocked.

Of course, having an ICP Filing and hosting inside China means that your content has been approved as submitted. But it does not protect your site from being taken down or blocked in the future if your content later violates Chinese laws and regulations.

Some businesses will host their Chinese website in Hong Kong because the rules for hosting there are different.

And to publish or distribute an app or game in China, by law you will need either and ICP Filing or Commercial ICP License (depending on the nature of your app or game). In the past, the Apple App Store China and many Android app stores were lax at enforcing this, but this is changing.

If your business plans to take money online from anyone in China for anything – whether through an app, game, SaaS or other platform – the only way to avoid getting an Commercial ICP License is by partnering with a Chinese company that already has one.

So publishing your app or game with AppInChina is an easy way to avoid getting a Commercial ICP License. By partnering with us, you would still need an ICP Filing (which we will help you to obtain), but you would not need to go through the process of applying for a Commercial ICP License – even if your app, game or platform collects payments – because we already have this license.

Who can get an ICP Filing (Beian)?

• Any company registered with a Chinese business license in Mainland China – including joint ventures, Wholly Foreign-Owned Enterprises (WFOE), and 100% domestically-owned companies.

Who can get a Commercial ICP License?

• Chinese-owned businesses with a Chinese business license.
• Sino-foreign joint ventures where the proportion of foreign investment does not exceed 50%. Foreign companies will also need to apply for a “Foreign (Regional) Enterprises Resident Representative Registration Certificate” (外国（地区）企业常驻机构代表登记证) before filing.

Can a foreign (non-Chinese) company receive an ICP Filing or Commercial ICP License?

It is important to understand that foreign companies that don’t have a Chinese entity are not eligible to receive either an ICP Filing or Commercial ICP License. It is not enough to have a representative office in China: You must have a registered Chinese business license, as indicated above. 

Who can get an Individual ICP?

• Chinese nationals can receive an Individual ICP Filing (个人备案) using their state-issued ID.
• Non-Chinese individuals who are physically present in China long enough to fulfill some basic registration requirements can apply for an Individual ICP Filing with their passport. However, you also may need items such as:
  • Both a Chinese landline and cell phone number with SMS
  • An Alipay account connected to a source of funds (usually a Chinese bank account)
  • A person who can accept your mail and send mail as necessary
  • The ability to read and speak Mandarin Chinese

I need an ICP Filing or Commercial ICP License for China. How can I get one?

Applying for either an ICP Filing or Commercial ICP License is a four-step process. You do not need to be physically present in China, as the whole procedure can be done online. But you will need the assistance of a Chinese speaker, because no English forms are available.

The ICP online system follows a “one account, one owner” rule. This means that if you own multiple websites, you can file for each of them using a single account, as long as you are the listed owner for all the domain names you will register. For sites with different owners, you’ll need one account per owner. But keep in mind that you will still need a separate ICP Filing for each top-level domain that you have.

1. Obtain a local hosting provider.

Your website, app or game does not need to go live prior to applying for the license, but you will need to first obtain a local hosting provider.

2. Gather and submit the required documentation.

Submit the required documentation to your hosting provider (these can vary from province to province):

• Certificate of the person making the application (usually the individual’s Chinese ID card)
• Certificate of the website administrator
• Certificate of the organization (business license or other such document to verify the business, if applying on behalf of an organization)
• Photo of yourself holding the required documents
• Letter of authorization
• Residence Permit
• Domain name holder certificate 
• Domain name confirmation (Beijing)
• Commitment letter and website construction plan (Guangdong)
• Certificate of Authorization (Yunnan, Inner Mongolia, Heilongjiang, Jiangxi)

Keep in mind that each province has different rules. If you are a business, you must register in the same province where your business license was issued. If you are an individual filing for an Individual ICP, you can register in any province you choose, but you must check the requirements. For example, Hebei province does not allow non-residents to apply there.

LINK: Filing Requirements for Different Regions

3. Wait for host review and MIIT approval.

Assuming all documentation is in order, it takes an average of 20 business days for a company to finally receive its Commercial ICP License or ICP Filing.

If your documents are approved, your host will forward them to the Ministry of Industry and Information Technology (MIIT) for further review. You will not directly interact with MIIT during any step of this process. If you are rejected for any reason, you will be contacted by your hosting provider and asked to submit additional information.

4. File with the Public Security Bureau (PSB).

The final step is to apply for a Public Security Bureau (PSB) filing within 30 days of receiving your Commercial ICP License. This is a criminal background check to confirm the applicant is not involved in criminal or illegal activities. You can do this online on the Internet Security Administration Service Platform of the National Public Security Bureau of China. A confirmation email and SMS will be sent when the registration is complete. Keep in mind that all information on this platform must be submitted in Chinese.

The PSB Filing number is often displayed in the footer of the website, alongside the ICP Filing number:

Additional Considerations

Servers and Domains

You must provide both your server’s IP and domain name during the application process, and your ICP Filing will be linked with both. From January 1, 2018, you cannot apply for an ICP Filing using a domain name registered outside of China. If you change servers in the future, you must update your ICP as well.

From April 22, 2019, you can only apply for one ICP Filing per domain name. Once you receive an ICP Filing for your top-level domain name, no additional ICP Filing is required for your second-level domain names and sub-domain names.

You cannot apply for an ICP Filing if your top-level domain is not approved by MIIT. Visit MIIT’s website, click on the first option on the left side, and check to make sure your domain name is listed on this page:

Your domain name registrar will also need to be approved by MIIT. If it is not, transfer the domain name to an approved registrar before applying. This is why we recommend registering your domain name with a registrar in Mainland China.

Your domain will also need to undergo real-name verification before you can apply for an ICP Filing. Because it takes about three days to synchronize this information to the MIIT database, you should submit your ICP Filing application three days after real-name verification is complete to keep your application from being rejected.

Pre-Approval

According to Article 5 of the Administrative Measures on Internet-based Information Services, certain types of websites may require “pre-approval” (前置审批) from the relevant governmental authorities before submitting your application. This includes:

• news
• publishing (videos, audio, books)
• finance
• games
• forums and bulletin boards
• broadcasts, films, and TV programs, including live streaming
• medicine
• or medical device industry
• online taxi hailing
• culture (online music, cartoons, etc)
• religion (only in Guangdong province)

To obtain this, you will need to contact the relevant authorities in the province where you are submitting your application to get the details and forms. We recommend starting with MIIT to identify which authorities to contact in the province you are filing.

So how can a foreign company get an Commercial ICP License or ICP Filing to publish an app or game in China?

Foreign entities usually partner with Chinese internet companies and app distributors to use the licenses of the Chinese company. This is essential for publishing foreign games in China anyway, since foreign companies also cannot be issued a game license.

This is where AppInChina can help. We help get you the licenses you need, and you will even be able to avoid some licensing requirements entirely due to our partnership agreement. Our wide range of services and expertise allows you to publish and operate worry-free in China, knowing that you are in full legal compliance with all Chinese laws.

When you sign up for AppInChina’s services, you always retain the right to your own content and complete control of your own operations, while at the same time taking advantage of our company status and many years of expertise in the Chinese market. You retain full control and copyright over your app, game or platform through your contract agreement with us.