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中华人民共和国计算机信息网络国际联网管理暂行规定 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

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国务院令第218号
(Promulgated by Decree No. 218 of the State Council of the People's Republic of China on May 20, 1997)
颁布日期:19970520  实施日期:19970520  颁布单位:国务院

  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 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)

  Article 1 These Provisions are formulated for the purpose of strengthening the control on the computer information networks connecting to the international network, safeguarding the healthy development of international computer information exchange.

  Article 2 Any computer information networks connecting to the international network within the territory of the People's Republic of China shall be complied with these Provisions.

  Article 3 The meanings of the following terms used in these Provisions shall be:

  (1) Computer information networks connecting to the international 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.

  (2) Interconnection network means the computer information network with which the international connection is processed directly; mutually-connected organization means the organization which is responsible for the operation of the interconnection network.

  (3) Input network means the computer information network with which the international connection is processed through joining the interconnection network; input organization means the organization which is responsible for the operation of the input network.

  Article 4 The State carries out the principles of overall planning, unified standard, managing by different levels and promoting the development on the international connection.

  Article 5 The Informationization Leading Group under the State Council (hereinafter called as the Leading Group) shall be responsible for coordinating and resolving the key problem concerning the international connection.

  The office of the Leading Group shall formulate the detailed 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.

  Article 6 If a computer information network is to be connected to an 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.

  Any organization or individual shall not establish or use other information channel to undertake international connection by itself or himself.

  Article 7 The established interconnection networks shall, adjusted 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 establishment of a new interconnection network shall be approved by the State Council.

  Article 8 The input network shall be internationally connected through the interconnection network.

  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.

  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. The unified pattern of an international connection licence shall be drawn up by the Leading Group.

  Article 9 Any input organization, whether engaging in profit-making activities of international connection or non-profit making activities, shall satisfy the following requirements:

  (1) It shall be a legal person as enterprise or as institution established according to the law;

  (2) It shall have relevant computer information network and facilities, and relevant technicians and management personnel;

  (3) It shall have complete safety and confidential management system and technical protection measures;

  (4) Other requirements satisfied with the provisions by law and the State Council.

  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, it sinter national 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.

  Article 10 If any computer or computer information network used by an individual, legal person or other organization (hereinafter called as user)is needed to be internationally connected, it shall be internationally connected through input network.

  If the computer or computer information network prescribed in the preceding paragraph is needed to join the input network, it shall be agreed by the input organization and registered.

  Article 11 The supply organization of international access and exit 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.

  Article 12 The mutually-connected organization and input organization shall be responsible for the technical training and management education of itself and its users concerning international connection.

  Article 13 Any organization or individual engaged in business of 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.

  Article 14 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.

  Article 15 If any violator of these Provisions breaks other relevant law 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.

  Article 16 The connection of the computer information network with Taiwan, HongKong and Macau shall be carried out in reference to these Provisions.

  Article 17 These Provisions shall come into force from the date of promulgation.

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