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The ICP Filing Management regulation for China(part 2)

2024-01-12

16 、Non-operational internet information service providers should ensure that the information they provide is legal. The term “information content provided by non-operational internet information service providers” refers to the information content included under the internet domain name or IP address of the internet information service provider’s website.

 17、 Provincial communications administration bureaus should establish management mechanisms such as credit management, social supervision, and situation investigation to supervise and manage non-operational internet information service activities.

 18、 Internet access service providers shall not provide internet access services to organizations or individuals who engage in non-operational internet information services without ICP filing. Internet access service providers shall immediately suspend or terminate the provision of internet access services to non-operational internet information service providers or organizations or individuals who are punished by the provincial communications administration bureau for temporarily closing or closing their websites or who engage in illegal non-operational internet information services.

 19、 Internet access service providers shall record the ICP filing information of non-operational internet information service providers they access. Internet access service providers shall, in accordance with relevant national regulations, do a good job in dynamic management of user information, record retention, harmful information reporting, and other network information security management work, and supervise the users they access in accordance with the requirements of the MIIT and provincial communications administration bureaus.

 20、 Provincial communications administration bureaus shall conduct annual audits of non-operational internet information service ICP filings in accordance with the law. Provincial communications administration bureaus shall use the MIIT ICP filing management system to conduct annual audits through online methods.

 21 、Non-operational internet information service providers should log in to the MIIT ICP filing management system at the specified time each year to complete the annual audit procedures.

 22 、Those who provide non-operational internet information services without ICP filing procedures in violation of  5 of these regulation shall be ordered by the provincial communications administration bureau where their domicile is located to make corrections within a time limit and shall be fined 10,000 yuan; those who refuse to make corrections shall have their websites closed. Those who provide services beyond the scope of ICP filing shall be ordered by the provincial communications administration bureau where their domicile is located to make corrections within a time limit and shall be fined between 5,000 yuan and 10,000 yuan; those who refuse to make corrections shall have their websites closed and their ICP filings cancelled.

 23、 Those who fill out false ICP filing information in violation of the provisions of  7, Paragraph 1 of these regulation shall have their websites closed and their ICP filings cancelled by the provincial communications administration bureau where their domicile is located.

 24、 Those who violate the provisions of s 10, 18, and 19 of these regulation shall be ordered to make corrections by the provincial communications administration bureau where the illegal act occurred and shall be fined 10,000 yuan.

 25、 Those who fail to link to the MIIT ICP filing management system website below their ICP filing number or fail to place the ICP filing electronic verification mark in the designated directory of their website in accordance with the provisions of  13 of these regulation shall be ordered to make corrections by the provincial communications administration bureau where their domicile is located and shall be fined between 5,000 yuan and 10,000 yuan.

 26 、Those who fail to complete ICP filing change procedures within the prescribed time or fail to complete ICP filing cancellation procedures in accordance with the law in violation of the provisions of s 14 and 15 of these regulation shall be ordered to make corrections within a time limit by the provincial communications administration bureau where their domicile is located and shall be fined 10,000 yuan.

 27 、Non-operational information service providers who violate relevant national laws and regulations and should be suspended or terminated by law shall be temporarily closed or closed and have their ICP filings cancelled by the provincial communications administration bureau according to the written confirmation opinions of the same-level authorities authorized by laws and administrative regulations.

28、 During the annual review, if a non-operational internet information service provider has one of the following situations, the provincial communications administration bureau where it is domiciled shall order it to make corrections within a time limit through the MIIT ICP filing system and other media; if it refuses to make corrections, it shall close the website and cancel the ICP filing: (1) Failure to log in to the ICP filing website to submit annual review information within the prescribed time; (2) National departments such as news, education, public security, security, culture, radio, film and television, publishing, confidentiality, etc. have put forward annual review negative opinions on their respective management contents in accordance with the law.

29、 These regulation shall be implemented as of March 20, 2005.

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