Interim Provisions of the People’s Republic of China Governing International Interconnection of Computer-based Information Networks (1996)

by State Council of the People's Republic of China

Article 1

These Provisions are formulated for strengthening the administration of international interconnection of computer - based information networks and guaranteeing the healthy development of the international exchange of computer - based information.

Article 2

The international interconnection of computer - based information networks in the territory of the People’s Republic of China shall be handled according to these Provisions.

Article 3

Within the purview of these Provisions, the terms below are defined as follows:

(1) The international interconnection of computer - based information networks (hereinafter referred to as international interconnection for short) refers to the interconnection of any computer - based information network in the territory of the People’s Republic of China with a foreign computer - based information network for the international exchange of information.

(2) An interconnection network refers to a computer - based information network directly interconnected internationally; an interconnecting unit refers to a unit that is responsible for the operation of an interconnection network.

(3) An accessing network refers to a computer - based information network that is interconnected internationally by accessing an interconnection network; an accessing unit refers to a unit that is responsible for the operation of an accessing network.

Article 4

In regard to international interconnection, the State adopts the principles of overall planning, unified standards, graded management and promoting development.

Article 5

The Leading Group of Economic Information of the State Council (hereinafter referred to as the Leading Group for short) is responsible for coordinating and solving major issues concerning international interconnection.

The Leading Group Office shall, in accordance with these Provisions, formulate concrete administration measures to clearly define the rights, obligations and responsibilities of providers of international gateway channels, interconnecting units, accessing units and customers, and be responsible for the inspection and supervision of international interconnection work.

Article 6

Computer - based information networks interconnected internationally must use international gateway channels provided by the public telecommunications network of the Ministry of Posts and Telecommunications. No units or individuals shall arbitrarily set up or use other channels to realize international interconnection.

Article 7

The established interconnection networks, after the adjustment in accordance with the State Council’s relevant provisions, shall be managed by the Ministry of Posts and Telecommunications, the Ministry of Electronic Industry, the State Education Commission and the Chinese Academy of Sciences.

The establishment of new interconnection networks shall be approved by the State Council.

Article 8

Accessing networks shall be interconnected internationally via interconnection networks.

Any unit which intends to establish an accessing network shall apply for approval to the competent administration or unit in charge of the interconnecting unit concerned; in going through the formalities of examination and approval, such information as the nature and applications of its computer - based information network, and the address of the host computer shall be provided.

Article 9

Accessing units must meet the following conditions:

(1) being an enterprise which is a legal person or an institution which is a legal person set up in accordance with law;

(2) possessing a relative computer - based information network, installations, and the relative technical and managerial personnel;

(3) possessing sound administrative systems concerning safety and security and technical protection measures; and

(4) complying with other conditions stipulated by laws and the State Council.

Article 10

Computers or computer - based information networks used by individuals, legal persons and other organizations (hereinafter uniformly referred to as customers), which need to be interconnected internationally, shall use accessing networks to realize international interconnection.

Where the computers or computer - based information networks stipulated in the preceding paragraph need to have access to an accessing network, the consent of the accessing unit shall be obtained and the registration formalities shall be handled.

Article 11

Providers of international gateway channels, interconnecting units and accessing units shall establish the relative network management centers to strengthen the control of itself and its customers according to law and the relevant State provisions, do a good job in the safe management of information on networks and ensure to provide good and safe service to customers.

Article 12

Interconnecting and accessing units shall be responsible for the technical and managerial training concerning international interconnection of their staff and customers.

Article 13

Any unit or individual engaged in international interconnection operation service shall abide by relevant laws and administrative regulations of the State and strictly implement safety and security systems, shall not utilize international interconnection to engage in such criminal offenses as endangering the State security, disclosure of State secrets, and shall not produce, look up, reproduce and disseminate information that jeopardizes public order or pornographic materials.

Article 14

Whoever violates the provisions of Article 6, 8, and 10 of these Provisions shall be given a warning, circulation of criticism, ordered to cease the interconnection, and may be imposed a fine of less than 15,000 yuan simultaneously by the public security organ or the public security organ on the basis of the opinions of the provider of international gateway channels, the interconnecting unit or the accessing unit.

Article 15

Whoever violates both these Provisions and other relevant laws or administrative regulations shall be punished according to those relevant laws or administrative regulations; criminal responsibility shall be investigated if a crime is constituted.

Article 16

The interconnection with computer-based information networks in Taiwan, Hong Kong and Macao shall be handled with reference to these Provisions.

Article 17

These Provisions takes effect as of the date of promulgation.