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北京市工商行政管理局经营性网站备案登记管理暂行办法实施细则 Beijing Municipality, Administration of the Record-filing of Business-related Websites Tentative Procedures Implementing Rules

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 Rules have been formulated pursuant to the Beijing Municipality, Administration of the Record-filing of Business-related Websites Tentative Procedures (the "Tentative Procedures") in order to strengthen the administration of the record-filing of business-related websites.

  Article 2 The Hong Dun 315 website (http://www.hd315.gov.cn) of the Beijing Municipal Administration for Industry and Commerce is the online work platform for website record-filing and handles the specific record-filing matters.

  Article 3 For the purposes of Article 4 of the Tentative Procedures, the term "for-profit business activities" includes the following:

  1. use of a website to engage in online trading;

  2. use of a website to provide a trading platform or other services for online trading by others;

  3. use of a website to publish advertising or other commercial information;

  4. other business acts specified in laws and regulations.

  PART TWO PARTICULARS OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

  Article 4 The item for basic details of the website owner shall be completed by the website owner according to its/his Business Licence of an Enterprise Legal Person, Business Licence or other proof of legal qualification.

  Article 5 The item for basic details of the website shall be truthfully completed by the website owner with the following information: the name of the website, the domain name of the website, the IP address of the website, the webmaster of the website, the ISP, the address of the website's server, the method to contact the website, etc.

  PART THREE APPLICATION FOR THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

  Article 6 The applicant for record-filing of a business-related website shall be the website owner. When applying to record a website name or handling other related matters, the applicant may use one of the following methods:

  1. application by mail; or

  2. application in person.

  Article 7 If application is made in person and the application is handled directly by the legal representative (person in charge) of the applicant, he shall produce valid proof of his identity. If application is made in person and the applicant has entrusted another person with handling the application, the person entrusted shall produce the power of attorney from the applicant and valid proof of his own identity.

  Article 8 The written supporting materials stipulated in Article 16 of the Tentative Procedures shall include:

  1. an Application for Record-filing of a Business-related Website;

  2. a photocopy of proof of the website owner's qualifications as an entity that can assume rights and obligations;

  3. a photocopy of the Domain Name Registration Certificate or other evidence of the right to the submitted domain name;

  4. materials in support of contractual stipulations, if any, on ownership of the website; and

  5. the relevant materials required to be submitted when applying for a registered website name.

  Article 9 Applicants shall provide the Record-filing Authority with the above-mentioned materials within 30 days after completing the online application procedures.

  Article 10 The Record-filing Authority will centrally issue a mark of electronic record-filing following its verification of the applicant's written supporting materials. The applicant shall install the Electronic Mark in the bottom right corner of the homepage of its/his website within 15 days after downloading the same.

  Article 11 The information announced to the public by the Electronic Mark includes the basic details of the business-related website owner, the registered website name, the method to contact the business-related website and other relevant information.

  Article 12 Business-related website owners shall correctly install the Electronic Mark in accordance with the requirements of the Record-filing Authority and maintain its normal operation.

  If a change occurs in the recorded particulars of a business-related website or if the Electronic Mark needs to be amended for other reasons, the business-related website owner shall carry out the operation under the guidance of the Record-filing Authority.

  If the Electronic Mark of a business-related website is cancelled, the website owner shall offload the Electronic Mark immediately upon receipt of the relevant legal document from the Record-filing Authority.

  Article 13 The time of commencement of the trial or formal operation period as stipulated in the Tentative Procedures shall be the time when the Record-filing Authority can, through the domain name provided by the applicant, find the home page of the website that is the subject of the application for record-filing.

  PART FOUR EXAMINATION AND APPROVAL OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

  Article 14 The Record-filing Authority shall commence examination of the application for website record-filing from the date the applicant submits the written supporting materials. If the requirements are met, the Record-filing Authority will issue an Electronic Mark to the applicant.

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

  Article 15 If a change occurs in the relevant particulars shown on the Business-related Website Record-filing Certificate, the business-related website owner shall submit a written application for amendment, and the relevant materials in support of the amendment, to the Record-filing Authority within 30 days of the date of the change. After having approved the application, the Record-filing Authority will take back the website owner's original Business-related Website Record-filing Certificate, issue a new one and make an announcement.

  If a change occurs in other recorded particulars, the business-related website owner shall submit a written application for amendment, and the relevant materials in support of the amendment, to the Record-filing Authority at the time of each year's annual inspection. The Electronic Mark shall be amended after the application is approved.

  If a change occurs in any of the recorded particulars referred to in the preceding paragraph, the business-related website owner may also submit a written application for amendment, and the relevant materials in support of the amendment, to the Record-filing Authority at any time. The Electronic Mark shall be amended after the application is approved.

  Article 16 Amendments to the recorded particulars of a business-related website shall be consistent with the materials submitted by the applicant in support of its/his qualifications.

  Article 17 If ownership of a business-related website is transferred due to the merger or division of the website owner or another reason, the matter shall be handled in accordance with the provisions concerning the assignment of business-related websites.

  Article 18 The annual inspection of business-related websites shall be organized and carried out by the Hong Dun 315 website.

  Article 19 A website owner shall carry out the procedures for the first annual inspection within one year of the date of obtaining its/his Business-related Website Record-filing Certificate.

  At annual inspection time, the website owner shall submit an annual inspection application to the Record-filing Authority online. If a change has occurred in the recorded particulars, the website owner shall simultaneously apply to the Record-filing Authority for amendment thereof.

  The interval between two annual inspections may not exceed one year.

  PART SIX CANCELLATION AND REVOCATION OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

  Article 20 To apply for cancellation of the record-filing of its/his business-related website, the website owner shall submit the following materials:

  1. an Application for Cancellation of Record-filing of a Business-related Website;

  2. the Business-related Website Record-filing Certificate;

  3. the Website Name Registration Certificate; and

  4. other relevant supporting materials.

  The Record-filing Authority will make an announcement after it has approved the application for cancellation of record-filing.

  Article 21 Website owners who have cancelled their Business-related Website Record-filing Certificates or have had the same revoked shall offload the Electronic Mark immediately after the approval of the cancellation or their receipt of the relevant legal document from the Record-filing Authority.

  Article 22 The de-registration and cancellation of recorded website names shall be handled in accordance with the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures.

  PART SEVEN SUPPLEMENTARY PROVISIONS

  Article 23 All of the photocopies submitted by an applicant in accordance with these Rules shall bear the work unit's official seal.

  Article 24 These Rules shall be implemented as of 1 September 2000.

  (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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