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Laws of the People's Republic of China |
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Article 1 These regulations are hereby formulated to strengthen management of the international networking of computer information networks and guarantee the healthy development of international exchanges of computer information. Article 2 International networking of all computer information networks within the People's Republic of China shall be handled in accordance with these Regulations. Article 3 The following terms used in these Regulations mean: (1) International networking of computer information networks (hereinafter referred to as international networking) refers to the networking of the computer information networks inside the People's Republic of China and those in foreign countries with the purpose of international exchange of information. (2) Internets refers to computer information networks with direct international networking; networking units refer units responsible for the operation of internets. (3) Cut-in networks refer to computer information networks cut into internets for international networking; and cut-in units refer to units responsible for the operation of cut-in networks. Article 4 The State shall implement the principle of overall planning, unified standardization, and level-by-level management of international networking to promote its management. Article 5 The Economic Information Group of the State Council (hereinafter referred to as the Group) shall take charge of coordination and solution of major issues concerning international networking. The office of the Group shall work out specific management rules in line with stipulations of these Regulations; clarify the rights, obligations and responsibilities of units providing import and export outlets of international channels, networking units, cut-in units, and end users; and carry out inspection and supervision of international networking across the country. Article 6 Computer information networks shall the international channels of import and export outlets provided by the Ministry of Posts and Telecommunications in the country's public telecommunications network when they carry out direct international networking. No units or individuals shall be allowed to establish or use other channels for international networking without authorization. Article 7 The internets that have already been established shall be assigned to management by the Ministry of Posts and Telecommunications, the Ministry of Electronics Industry, the State Education Committee, and the Chinese Academy of Sciences respectively after readjustment in line with relevant regulations of the State Council. The establishment of new internets shall be reported to the State Council for approval. Article 8 Cut-in networks shall carry out international networking via internets. The units planning to establish cut-in networks shall report their plan to departments or units in charge of internets for examination and approval. When going through examination and approval procedures, these units shall provide data on the nature and scope of application of their computer information networks and the addresses of the mainframe computers they need. Article 9 Cut-in units shall meet the following qualifications: (1) Being enterprise or institutional legal persons set up in accordance with law. (2) Possessing corresponding computer information networks, equipment, and technical and management personnel. (3) Having established a perfect security system and technology protection measures. (4) Conforming with laws and other conditions stipulated by the State Council. Article 10 Individuals, legal persons and other organizations (hereinafter referred to as the end users) hoping to carry out international networking of their computers or computer information networks shall do so via cut-in networks. If the computers and computer information networks as mentioned in the preceding clause need by cut into cut-in networks, approval shall be won from the cut-in units and registration procedures shall be gone through. Article 11 Providers of international channels of import and export outlets, internets, and cut-in units shall establish corresponding network management centres, strengthen management of themselves and the end users in accordance with laws and relevant State regulations, do a good job in guaranteeing the security of information networks, and be sure to provide excellent and safe services to the end users. Article 12 Internets and cut-in units shall hold responsibility over the technical training and management education on international networking to themselves and their end users. Article 13 The units and individuals in charge of international networking businesses shall abide by relevant State laws and administrative decrees and strictly follow safety and security rules. They shall use international networking for law-breaking or criminal activities that may endanger national security or divulge State secrets; or producing, consulting, duplicating or propagating information that may disturb social order or pornographic information. Article 14 Those who violate stipulations in articles 6, 8 and 10 of these Regulations shall be warned by security departments or by security departments according to the opinions of providers of international channels of import and export outlets, internets, or cut-in units, criticized, ordered to cut off international networking, as well as asked to pay fines below 15,000 yuan. Article 15 Those who violate stipulations of these Regulations and at the same time violate other relevant laws or administrative decrees shall be punished according to relevant laws and administrative decrees, or brought to hold legal responsibilities if crimes are committed. Article 16 Networking with computer information networks in Taiwan, Hong Kong and Macao shall be handled with reference to these Regulations. Article 17 These Regulations shall take effect on the date of their promulgation.
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URL: http://www.asianlii.org/cn/legis/cen/laws/protmoinocin1055