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经营性网站备案登记管理暂行办法 Beijing Municipality, Administration of the Record-filing of Business-related Websites Tentative Procedures

2006-05-13 17:21   我要纠错 | 打印 | 收藏 | | |

(Promulgated by the Beijing Municipal Administration for Industry and Commerce on 28 August 2000. Corrected by the Beijing Municipal Administration for Industry and Commerce on 30 August 2000. Effective as of 1 September 2000.)
颁布日期:20000828  实施日期:20000901  颁布单位:北京市工商行政管理局

  PART ONE GENERAL PROVISIONS

  Article 1 These Procedures have been formulated in accordance with relevant State laws and regulations, in order to protect the lawful rights and interests of business-related website owners and to regulate website business.

  Article 2 The Beijing Municipal Administration for Industry and Commerce is the record-filing authority for Beijing websites (the "Record-filing Authority").

  Article 3 For the purposes of these Procedures, the term "business-related website" means an electronic platform that has an independent domain name submitted to the domain name administration authority and that the website owner has established using internet technology in order to realize its/his objective of engaging in activities such as publishing information or advertisements, establishing e-mail boxes and/or carrying out commercial activities, or providing others with the internet space required to carry out the aforementioned acts.

  The term "website owner" means the owner of a website's domain name, except that if the contract provides otherwise, the stipulations of the contract shall prevail.

  Article 4 For the purposes of these Procedures, the term "business-related website" means a website that has either of the following characteristics:

  1. the website owner or one of the website owners is an enterprise; or

  2. the website is used to engage in for-profit business activities.

  Article 5 Business-related website owners shall apply for record-filing to, and obtain a Business-related Website Record-filing Certificate from, the Record-filing Authority and install the mark of electronic record-filing (the "Electronic Mark") on the homepage of their websites.

  Business-related Website Record-filing Certificates and Electronic Marks will be centrally prepared by the Beijing Municipal Administration for Industry and Commerce.

  Article 6 Business-related website owners shall have information censors, who shall prevent and remove, in a timely manner, any type of information that is illegal, offends public morals or adversely affects the development of socialist culture and ideology.

  Article 7 In the course of operating their websites, business-related website owners must abide by State laws and regulations, adhere to professional ethics, promote the development of socialist culture and ideology, strengthen internal control, accept supervision by the government and the public and prevent any kind of illegal business acts.

  PART TWO APPLICATION FOR, AND EXAMINATION AND APPROVAL OF, THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

  Article 8 The establishment of a business-related website shall, mutatis mutandis, be administered as the establishment of an enterprise branch. Specific matters expressly provided for herein shall be handled in accordance with these Procedures.

  Article 9 Application for the record-filing of a business-related website shall be made by the website owner.

  If the website owner entrusts another person with handling the record-filing of its/his website, matters shall be handled in accordance with the regulations of the Record-filing Authority.

  Article 10 Website owners that establish business-related websites shall have a corresponding scope of business.

  Where business-related websites established prior to the date of promulgation hereof do not satisfy the requirement of the preceding paragraph, the Owners thereof shall register the change in their scope of business with their local administration for industry and commerce within 30 days of the date of promulgation hereof.

  Article 11 Individuals who establish business-related websites shall carry out the relevant business registration procedures and obtain a business licence before they apply for website record-filing.

  Individuals who established business-related websites prior to the promulgation hereof shall retroactively carry out the above-mentioned procedures with their local administration for industry and commerce.

  Article 12 The particulars of a business-related website record-filing include the basic details of the website and the website owner. The website owner shall truthfully fill out and submit the relevant documents and supporting materials as required by the Record-filing Authority.

  Article 13 When carrying out the procedures for record-filing of a business-related website, registration of the name of the website shall be applied for at the same time.

  Article 14 Application for, and the obtaining, change and de-registration of, website names and other related issues shall be handled by the Record-filing Authority in accordance with the relevant provisions of the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures and the Implementing Rules therefor.

  Article 15 Applicants for website record-filing shall file their applications online and supply the relevant record-filing information in accordance with the forms and stipulated procedures provided on the Hong Dun 315 website (http://www.hd315.gov.cn).

  Article 16 Applicants shall provide the Record-filing Authority with written supporting materials within 30 days after completing the online application procedures.

  If the applicant fails to submit the written supporting materials within the prescribed time limit, it/he shall be deemed to have withdrawn its/his application.

  Article 17 After the Record-filing Authority has approved the application documents submitted by the website owner, it shall guide the website owner in downloading and installing the Electronic Mark. Trial operation may commence after the Electronic Mark has been installed correctly.

  Article 18 During the trial operation period, the Record-filing Authority will announce the registered website name applied for by the applicant, in accordance with the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures.

  The trial operation period shall be the period for filing oppositions to the registered website name. During such period, the website owner shall have no proprietary rights to the website name applied for.

  Article 19 The Record-filing Authority will issue a Website Name Registration Certificate and a Business-related Website Record-filing Certificate, and make an announcement, in respect of websites whose registered website names have been approved. At such point, the website owners will commence to have proprietary rights to the registered website names, and the operational status of their websites will automatically change to formal operation.

  Article 20 The owners of websites whose names did not survive the period for the filing of oppositions to registered website names may re-apply for registered website name registration. During the re-application period, the time for trial operation of the website, and the time for website name announcement, disputes, arbitration and approval shall be extended correspondingly.

  The time of continuous trial operation of a business-related website shall not exceed one year.

  PART THREE AMENDMENT, ASSIGNMENT AND ANNUAL INSPECTION OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

  Article 21 If a change occurs in the recorded particulars of a business-related website, the website owner shall apply for amendment thereof to the Record-filing Authority.

  Changes in website names shall be handled in accordance with the relevant provisions of the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures.

  Article 22 Where a business-related website is assigned, the assignor shall apply for de-registration and submit the assignment agreement between the two parties to the assignment.

  Following approval by the Record-filing Authority, the assignor will lose the corresponding right to engage in online business and the proprietary rights to the registered website name, and the Record-filing Authority will recover the assignor's Website Name Registration Certificate and Business-related Website Record-filing Certificate.

  Article 23 The assignee shall apply for record-filing to the Record-filing Authority in accordance with these Procedures. After granting approval, the Record-filing Authority will issue a Website Name Registration Certificate and a Business-related Website Record-filing Certificate, and make an announcement.

  Article 24 After having obtained a Business-related Website Record-filing Certificate, the business-related website owner shall each year apply to the Record-filing Authority for annual inspection. If a change has occurred in the recorded particulars, it/he shall simultaneously apply to the Record-filing Authority for amendment.

  PART FOUR CANCELLATION OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

  Article 25 If a website owner ceases to operate its/his website because it/he has gone out of business, been closed down or been declared bankrupt, or for another reason, it/he shall carry out procedures for cancellation of record-filing with the Record-filing Authority.

  Article 26 To apply for cancellation of record-filing, the website owner shall submit a written application for cancellation of record-filing and other relevant supporting materials to the Record-filing Authority. After having approved the application, the Record-filing Authority will take back the website owner's Website Name Registration Certificate and Business-related Website Record-filing Certificate and cancel its/his Electronic Mark.

  PART FIVE SUPERVISION AND ADMINISTRATION OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

  Article 27 If a website owner fails to operate its/his website within six months after obtaining its/his Business-related Website Record-filing Certificate or suspends the operation of its/his website for one year or more, the Record-filing Authority will take back its/his Website Name Registration Certificate and Business-related Website Record-filing Certificate and cancel its/his Electronic Mark.

  Article 28 Anyone who violates Article 10 or 11 hereof will be punished by the Record-filing Authority in accordance with relevant laws and regulations.

  Article 29 The Record-filing Authority may order rectification by the website owner and, in serious cases, revoke its/his Business-related Website Record-filing Certificate, cancel the Electronic Mark and make an announcement if a website owner:

  1. conceals the true situation and practises fraud in the course of record-filing;

  2. counterfeits, alters, rents, lends or sells its/his Business-related Website Record-filing Certificate or assigns it without authorization;

  3. incorrectly installs the Electronic Mark and refuses to rectify the installation, or makes unauthorized alterations to the Electronic Mark;

  4. fails to carry out procedures for cancellation of record-filing or procedures for annual inspection in accordance with regulations; or

  5. uses a recorded website to engage in illegal business activities.

  Article 30 With respect to websites that were established prior to the promulgation hereof but for which no website record-filing procedures have been carried out, record-filing application shall be made to the Record-filing Authority within 60 days of the date of promulgation hereof. If application is not made within the prescribed time limit, the administration for industry and commerce will order rectification and, if the case is serious, investigate and handle the matter pursuant to the laws and regulations concerning the administration of industry and commerce.

  Article 31 If a website owner counterfeits the Electronic Mark, the administration for industry and commerce will investigate and handle the matter in accordance with relevant laws and regulations.

  PART SIX SUPPLEMENTARY PROVISIONS

  Article 32 With respect to websites for which record-filing of online business has been carried out prior to the date of implementation of these Procedures, appropriate procedures shall be carried out retroactively in accordance with the relevant regulations posted on the Hong Dun 315 website.

  Article 33 The Beijing Municipal Administration for Industry and Commerce is responsible for interpreting these Procedures.

  Article 34 These Procedures shall be implemented from 1 September 2000.

  At the same date, the Beijing Municipality, Record-filing of Online Business Notice issued by the Beijing Municipal Administration for Industry and Commerce on 28 March 2000 and the Beijing Municipality, Record-filing of Online Business Supplementary Notice issued by the Beijing Municipal Administration for Industry and Commerce on 18 May 2000 shall be repealed.

  (For Editor's notes, see Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures Editors' notes, vol 5 - media, ref 5600/2000.08.15/BJ(1))

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