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| Category | PUBLIC SECURITY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1997-05-20 | Effective Date | 1997-05-20 |
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Decision of the State Council Regarding the Revision of the Interim Provisions Governing the Management of the Computer Information Networks in the People's Republic of China Connecting to the International Network |
|---|
The State Council has decided to revise the Interim Provisions Governing
the Management of the Computer Information Networks in the People's Republic
of China Connecting to the International Network as follows:
1. "The Leading Group of Economy Informationizing under the State Council"
mentioned in Article 5 shall be amended as "the Informationization Leading
Group under the State Council".
2. A new paragraph shall be added to Article 8 as the second paragraph:
"Any input organization intending to engage in profit-making activities of
international connection shall apply for an international connection licence
with the authority or organization in charge of mutually-connected
organizations that is entitled to accept applications for profit-making
activities of international connection. No international connection services
may be conducted without such an international connection licence."
The second paragraph of Article 8 shall be changed into two paragraphs as
the third and fourth paragraphs respectively and be amended as: "Any input
organization intending to engage in non-profit making activities shall report
to the authority or organization in charge of mutually-connected organizations
that is entitled to accept applications for non-profit making activities, for
examination and approval. Without approval, no international connection may be
processed by joining the interconnection network." "When applying for an
international connection licence or going through examination and approval
procedures, the input organization shall provide the materials such as the
nature and application scope of its computer information network, and the
address of main engine it needs."
A new paragraph shall be added to Article 8 as the fifth paragraph: "The
unified pattern of an international connection licence shall be drawn up by
the Leading Group."
3. Two new paragraphs shall be added to Article 9 as the second and third
paragraphs: "Any input organization engaging in profit-making activities of
international connection shall, in addition to the requirements it must
satisfy as prescribed in the preceding paragraph of this Article, possess the
capacity to provide the users long-term services." "If any change takes place
and makes an input organization engaging in profit-making activities of
international connection no longer satisfy the requirements prescribed in the
first and second paragraphs of this Article, its international connection
licence shall be revoked by the authority or organization that issued it. If
any change takes place and makes an input organization engaging in non-profit
making activities no longer satisfy the requirements prescribed in the first
paragraph of this Article, it shall be disqualified from processing
international connection by the examination and approval authority or
organization."
4. Article 14 shall be amended as: "Any violator of Article 6, 8 or 10 of
these Provisions shall be ordered to stop international connection and given a
warning by the public security organ, and may be concurrently fined not more
than 15,000 yuan; his illegal gains, if any, shall be confiscated."
This Decision shall come into effect on the date of promulgation.
The Interim Provisions Governing the Management of the Computer Article 1 These Provisions are formulated for the purpose of Article 2 Any computer information networks connecting to the Article 3 The meanings of the following terms used in these Provisions (1) Computer information networks connecting to the international (2) Interconnection network means the computer information network (3) Input network means the computer information network with which the Article 4 The State carries out the principles of overall planning, Article 5 The Informationization Leading Group under the State The office of the Leading Group shall formulate the detailed Article 6 If a computer information network is to be connected to an Any organization or individual shall not establish or use other Article 7 The established interconnection networks shall, adjusted The establishment of a new interconnection network shall be approved by Article 8 The input network shall be internationally connected through Any input organization intending to engage in profit-making activities of Any input organization intending to engage in non-profit making activities When applying for an international connection licence or going through The unified pattern of an international connection licence shall be drawn Article 9 Any input organization, whether engaging in profit-making (1) It shall be a legal person as enterprise or as institution established (2) It shall have relevant computer information network and facilities, (3) It shall have complete safety and confidential management system and (4) Other requirements satisfied with the provisions by law and the State Any input organization engaging in profit-making activities of If any change takes place and makes an input organization engaging in Article 10 If any computer or computer information network used by an If the computer or computer information network prescribed in the Article 11 The supply organization of international access and exit Article 12 The mutually-connected organization and input organization Article 13 Any organization or individual engaged in business of Article 14 Any violator of Article 6, 8 or 10 of these Provisions shall Article 15 If any violator of these Provisions breaks other relevant law Article 16 The connection of the computer information network with Article 17 These Provisions shall come into force from the date of
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Information Networks in the People's Republic of China Connecting to the
International Network shall be republished after being correspondingly revised
and necessarily modified in wording according to this Decision.
APPENDIX: INTERIM PROVISIONS GOVERNING THE MANAGEMENT OF THE COMPUTER
INFORMATION NETWORKS IN THE PEOPLE'S REPUBLIC OF CHINA CONNECTING TO THE
INTERNATIONAL NETWORK
(Promulgated by Decree No.195 of the State Council of the People's Republic of
China on February 1, 1996, and revised in accordance with the Decision of the
State Council Regarding the Revision of the Interim Provisions Governing the
Management of the Computer Information Networks in the People's Republic of
China Connecting to the International Network, promulgated on May 20, 1997)
strengthening the control on the computer information networks connecting to
the international network, safeguarding the healthy development of
international computer information exchange.
international network within the territory of the People's Republic of China
shall be complied with these Provisions.
shall be:
network (hereinafter called as international connection) means the connection
of the networks between the computer information network within the territory
of the People's Republic of China and the computer information network abroad,
for the purpose of realizing international exchange of information.
with which the international connection is processed directly;
mutually-connected organization means the organization which is responsible
for the operation of the interconnection network.
international connection is processed through joining the interconnection
network; input organization means the organization which is responsible for
the operation of the input network.
unified standard, managing by different levels and promoting the development
on the international connection.
Council (hereinafter called as the Leading Group) shall be responsible for
coordinating and resolving the key problem concerning the international
connection.
administrative measures according to these Provisions, make clear the rights,
duties and responsibilities of the supply organizations of international
access and exit information channel, mutually-connected organizations, input
organizations and users, and be responsible for the inspection and supervision
on the work of international connection.
international network, the international access and exit information channel
provided by the state public telecommunication net under the Ministry of Post
and Telecommunication shall be used.
information channel to undertake international connection by itself or
himself.
according to the concerning provisions of the State Council, be managed by the
Ministry of Post and Telecommunication, Ministry of Electronics Industry,
State Commission of Education and China Science Academy respectively.
the State Council.
the interconnection network.
international connection shall apply for an international connection licence
with the authority or organization in charge of mutually-connected
organizations that is entitled to accept applications for profit-making
activities of international connection. No international connection services
may be conducted without such an international connection licence.
shall report to the authority or organization in charge of mutually-connected
organizations that is entitled to accept applications for non-profit making
activities, for examination and approval. Without approval, no international
connection may be processed by joining the interconnection network.
examination and approval procedures, the input organization shall provide the
materials such as the nature and application scope of its computer information
network, and the address of main engine it needs.
up by the Leading Group.
activities of international connection or non-profit making activities, shall
satisfy the following requirements:
according to the law;
and relevant technicians and management personnel;
technical protection measures;
Council.
international connection shall, in addition to the requirements it must
satisfy as prescribed in the preceding paragraph of this Article, possess the
capacity to provide the users long-term services.
profit-making activities of international connection no longer satisfy the
requirements prescribed in the first and second paragraphs of this Article,
its international connection licence shall be revoked by the authority or
organization that issued it. If any change takes place and makes an input
organization engaging in non-profit making activities no longer satisfy the
requirements prescribed in the first paragraph of this Article, it shall be
disqualified from processing international connection by the examination and
approval authority or organization.
individual, legal person or other organization (hereinafter called as user)
is needed to be internationally connected, it shall be internationally
connected through input network.
preceding paragraph is needed to join the input network, it shall be agreed
by the input organization and registered.
information channel, mutually-connected organization and input organization
shall establish relevant network management center, strengthen the management
on itself and its users according to the concerning provisions by the law and
the State Council, improve the safety control of the network information and
ensure to provide the users the good and safe service.
shall be responsible for the technical training and management education of
itself and its users concerning international connection.
international connection shall comply with the relevant laws and
administrative regulations of the State, carry out strictly the safety and
confidential system, and shall not take advantage of international connection
to commit law-breaking activities or crimes such as endangering the state
safety, leaking the state secrets, and shall not produce, look up, copy or
disseminate the information obstructing the social public security, or
concerning obscenity and lust.
be ordered to stop international connection and given a warning by the public
security organ, and may be concurrently fined not more than 15,000 yuan; his
illegal gains, if any, shall be confiscated.
or administrative regulation, he shall be punished according to the relevant
provisions of the law or administrative regulation; if a crime has been
constituted, criminal responsibility shall be investigated according to the
law.
Taiwan, HongKong and Macau shall be carried out in reference to these
Provisions.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/dotscrtrotipgtmotcinitproccttin1993