CNNIC Implementing Rules of Domain Name Registration


VERSION: 2012/08/30
ORIGINAL VERSION: http://www1.cnnic.cn/PublicS/fwzxxgzcfg/201208/t20120830_35735.htm


Chapter 1 General
Article 1 These Rules are formulated in accordance with the provisions of the “China Internet Domain Name Regulations” (hereinafter referred to as the “Regulations”), in order to regulate and standardize the domain name registration services and management.
Article 2 Any application for registration of the “.CN” domain name and the Chinese domain names as “.中国”, “.公司” or “.网络” under control of CNNIC, or any provision of domain name registration services shall comply with these Rules.
Article 3 The domain name systems involved in the rules shall meet the requirements of the announcement by Ministry of Industry and Information Technology on China’s Internet domain name systems.

Chapter 2 Registrars

Article 4 Any bodies intending to provide the domain name registration services specified herein in China shall obtain approval from Ministry of Industry and Information Technology and sign agreements with CNNIC.
Article 5 Any bodies intending to provide services of registration of the “.CN” domain name and the Chinese domain names as “.中国”, “.公司” or “.网络” are required:
1) To obtain the license for value-added telecom service of Internet information service according to the law;
2) To set up domain name registration service system within China with technical and customer service staff specializing in domain name services;
3) To have the credibility or capability of providing clients with long-term services;
4) To develop business development plans and related technical schemes;
5) To take effective network and information security safeguard measures;
6) To establish a sound domain name registration exit mechanism;
7) To comply with other relevant national rules and regulations.
Article 6 Any registrars intending to provide services of registration of the “.CN” domain name and the Chinese domain names as “.中国”, “.公司” or “.网络” shall sign the Letter of Intent with CNNIC.
Article 7 Any registrars holding the “Letter of Intent” signed with CNNIC that apply to the Ministry of Industry and Information Technology for domain name registration service provision and obtain approvals shall sign relevant agreements with CNNIC.
Article 8 The registrars shall implement domain name registration services in compliant with the rules and regulations and sign up the sole agreement with the applicant.
Article 9 The registrars shall display or publicize the license number and the approved registration scope of domain names issued by the Ministry of Industry and Information Technology as well as the information of the services hotlines of CNNIC and the registrar at their operating sites or on their website homepages or business forms.
Article 10 The registrars shall retain the correspondences with CNNIC and the domain name applicants and holders as well as relevant documents and records while providing domain name registration services with a minimum retention period of three years but exclude the exceptional regulations by the implementing rules.
Article 11 In the process of domain name registration service provision, the domain name registration service providers are not allowed:
1) To provide domain name registration services in the name of government agencies, other enterprises or institutions or any social organizations;
2) To regist domain names with false information to take up domain name resources in disguised forms;
3) To provide domain name registration services by means of unfair competition, e.g. misleading or threatening clients;
4) To force the clients to extend the period of registration or sell with other services bundled;
5) Not to submit the registration information to CNNIC according to the actual registration period;
6) To reject the application of the domain name holders for the domain name transfer code or charge the holders for the transfer application;
7) To disclose the registration-related information of the clients which infringes the legitimate rights and interests of the clients, or use such information to obtain illegitimate interests;
8) To carry out domain name trading and investments for the purpose of profits;
9) Other behaviors that go against laws and regulations or infringe the clients’ interests.
In case of any registrar violating the above provisions, the CNNIC shall require it to be held responsible for the violation in accordance with the agreements signed, or terminate the cooperation agreement in case of gross violation.
Article 12 Registrars shall at least meet the following information security requirements:
1) There shall be 2 emergency contacts to be responsible for 7*24 emergency contact and dispose work and be committed to initially report and record to the administrative competent department within 5 working days after the information change of the relevant persons;
2) Specialized network information security administrators shall be employed in compliance with the registration service scale of the registrars;
3) Information security management department shall be set up to define the information security duties, formulate and supervise and implement the regulations, requirements and schemes related to the information security of the entity.
4) Sound network information security assurance regulations shall be set up, including clarification of information security duties, evaluation, reward and punishment, emergency dispose and report, education and training, drill regulations, etc.
5) Assurance measures related to information security technology shall be defined according to the requirements and standards required by the administrative competent department and accept the related testing and check. The measures shall at least contain the functions as following:
a. Administrative function of infrastructure resources. All registered domain names and corresponding IP addresses shall be monitored and managed dynamically and reported and recorded to the telecommunication administrative department in a real time basis;
b. Dispose function to the illegal websites in a real time basis shall be possessed to suspend or terminate resolution to the illegal websites and domains affirmed by the related competent departments;
c. The black namelist database of illegal webistes and domains shall be set up to ensure the domains in the black namelist database will not be repeatedly registered or utilized.
Article 13 In case of one of the following, the CNNIC shall terminate relevant agreements signed with the registrars and report the same to the Ministry of Industry and Information Technology for filing:
1) Ministry of Industry and Information Technology disqualifies the registrars from providing domain name registration services;
2) The registrars are no longer capable of providing normal services due to major business problem;
3) The registrar act with gross violation of these Rules, related agreements and other relevant regulations.
The disqualified domain name registration service providers shall:
1) Distribute or transfer the domain names to be registered to other qualified registrar or other registrar designated by CNNIC within ten days after being disqualified;
2) Within 10 days after the disqualification of registrar, registrant information they kept shall be deleted, destroyed and go through the check confirmation by CNNIC.

Chapter 3 Domain Name Registration Application and Review

Article 14 Any natural person or organization that can bear independently its own civil responsibilities has the right to apply for the domain registration under the TLD but exclude the exceptional conditions defined by the implementing rules.
Article 15 The applicant shall submit the following written materials to registrar when applying for the domain name:
1) ID material of applicant;
2) ID material of the contact of domain name registration;
3) Other materials required by CNNIC.
Registrars shall verify the authenticity, accuracy and integrity of the materials stated as above and submit the written materials stated as above to CNNIC within 1 working day after the valid verification result.
Article 16 An application for domain name registration shall submit the following information to registrars in written or electronic forms :
1) The domain name applied;
2) The host names and IP addresses of the primary domain name server and the secondary domain name server;
3) The natural person applicant shall submit the name, mailing address, telephone, email; the organizational applicant shall submit the organizational name, organization code certificate, mailing address, email and telephone and so on;
4) names, mailing addresses, e-mails, and telephone numbers of the applicant’s domain name technical contact, management contact, payment contact and the principal undertaker;
5) Period for the domain name registration.
Registrars shall submit the registration information stated as above to CNNIC within 1 working day after receiving the domain name registration application.
Article 17 The applicants shall make the commitment in the domain name registration agreement:
1) To comply with laws and regulations related to the Internet networks;
2) To comply with the Procedures and other relevant regulations of competent authorities;
3) To comply with these Rules and other regulations as the domain name dispute resolution policy;
4) To ensure the authenticity, accuracy and integrity of the registration information submitted.
Article 18 The application date shall be the date when CNNIC receives the first valid registration application. CNNIC and the registrars shall inform the applicants of the application dates.
Article 19 Registrars shall strengthen the review of domain name registration to ensure the domain name registered from the registrar not breach of China Internet Domain Name Regulations. CNNIC reviews the registered domain name.
CNNIC reviews the registered domain name and notifies the registrars to cancel the domain name toward the violation of Article 27 of China Internet Domain Name Regulations and inauthentic, inaccurate and incomplete domain name registration information.
Article 20 When applying for a third-level domain under “.GOV.CN”, the applicants shall comply with the following conditions:
1) The applicant shall be the legal person of administrative body or institution functioning in the administrative affairs.
2) The applicant shall submit the domain name application table bearing the official seal and material that can prove the applicant identity as the government, other materials and registration information regulated by the implementing rules.
The registrars shall submit the copies of the above documents. The registrars and CNNIC shall keep the above written documents within the validity period of the registered domain name.
Article 21 Rules for the application for registration of third-level domains under “.EDU.CN” shall be separately formulated by China Education and Research Network Center.
Article 22 Rules for the application for registration of third-level domains under “.MIL.CN” shall be separately formulated by China Great Wall Network Information Center.
Article 23 Rules for the application for registration of third-level domains under “.政务.CN” or “.公益.CN” shall be separately formulated by China Organizational Name Administration Center.

Chapter 4 Domain Name Changes and Cancellation

Article 24 In case of any changes to the registration information rather than the information of the domain name holder, the domain name holder shall apply to the registrars for registration information changing within thirty days after the changes take place according to the change confirmation way selected when applying for the domain name. The registrars shall submit the changed registration information to CNNIC within three working days after receiving the changes from the domain name holder. The registrars shall not make changes to any client’s registration information without the consent of the domain name holder.
Article 25 Any organization that applies for domain name transfer shall submit the valid and effective application form for domain name transfer and identification. Registrars shall audit when receiving the materials above within three working days and change the domain name holder after the qualified auditing result.
Article 26 Any organization that applies for domain name cancellation shall submit the valid and effective application form for domain name cancellation and identification documents. Registrars shall audit when receiving the materials above within three working days and cancel the domain name holder after the qualified auditing result.
Article 27 Regarding the complaints that the domain names violate the Regulations and these Rules shall be cancelled, CNNIC shall make investigation to the complaints and will make dispose decisions if the complaint is authentic. Within 5 working days after making decisions, registrars take charge to implement; inauthentic complaints will be responded the reasons.
Article 28 The registrar shall not accept any application of the domain name holder for transferring or canceling any domain name under judicial proceedings, arbitrations or dispute resolution process, except where the party to which the domain name is being transferred agrees in writing to be bound by the judgment of the people’s court, the arbitration institution or the institution resolving the domain name dispute.

Chapter 5 Changing of Registrars

Article 29 The domain name holder shall not apply for changing the registrar in the following circumstances:
1) The domain name has been registered for less than sixty days;
2) The period of registration will expire in less than fifteen days;
3) The domain name has been registered with unpaid registration fees;
4) The domain name holder has unidentified or is in disputed status;
5) The domain name is held under proceedings of a judicial body, an arbitration institution or a domain name dispute resolution institution.
Article 30 The original registrar (hereinafter referred to as the transferor) shall send the correct transfer code to the management contact email of the domain name registration information within three working days after receiving a valid application submitted by the domain name holder, and shall not charge for the transfer. If the transferor fails to provide the transfer code within three working days after receiving a valid application submitted by the domain name holder, or provides incorrect transfer code, then CNNIC may directly change the registration service provider.
Article 31 The registrar which the domain name is transferred to (hereinafter referred to as the transferee) shall make a request for changes to CNNIC after receiving the application for changing the domain name registration service provider submitted by the domain name holder.
Article 32 CNNIC shall, upon receiving the transferee’s request for changing, give notices to the transferee and the transferor in writing (including that in electronic form). If the transferor gives express consent to the changing or fails to make replies within five working days after CNNIC gives the written (or electronic) notices, then CNNIC will change the registrar.
Article 33 If the transferor rejects the request for transfer, it shall promptly notify CNNIC and the transferee in writing (including that in electronic form) with specific reason explained.
Article 34 CNNIC shall reject the domain name holder’s application for transfer if the reason for refusal explained by the transferor is included in that specified in Article 29; if the reasons are out of the Article 29, CNNIC may change the registrar.
Article 35 CNNIC shall notify the transferor and the transferee in writing (including that in electronic form) of the updates of database and information of the registration service provider.
Article 36 After the domain name holder changes the registrar, the transferee shall pay CNNIC for one-year operation of the domain name transferred. The period for the registration shall then be extended for one year.

Chapter 6 Confidentiality

Article 37 Registry and registrars shall gain the consent from the users when acquiring the information about users’ data and adopt the protection measures of data information as the encrypted way to avoid leaking information during the transmission process.
Article 38 Registrar is the main duty body to protect the users’ information. Once the users’ information is leaked due to the registrar, users will be compensated according to the agreement with the users.
Article 39 Registry and registrar shall adopt the protection measures of users’ data information storage to protect the storage system security and avoid the leak during the storage process.
Article 40 Organizations as registry and registrar receiving the users’ data information shall store the paper material and electronic media of users’ information in a secure way.
Article 41 Users’ information kept by registry and registrar shall be used exclusively during the process of domain name registration application, auditing and complaint and should not be used for other purposes.
Article 42 Registry and registrar shall adopt the measures to strengthen the management about the potential personnel to whom the users’ information expose to avoid the information leak incidents due to the personnel reasons.
Article 43 Registry and registrar shall definitely notify users the ways, content and usage to collect and handle the personal information of users and information leak risk and clarify the protection measures adopted by the entity. Materials and information submitted by the domain name holders shall not be leaked to other persons for profit-making. Domain name registration agreement with the users shall clarify the protection duty toward the information security and define the detailed protection measures.
Article 44 Registry conducts the regular check or sample check toward the information security and defending work of registrars. The illegal behaviors, according to the regulations on Internet information service market, will be notified to the telecommunication entity who will conduct the punishment in compliance with the laws.
Article 45 CNNIC has the security management duty toward the “.CN, .中国,.公司,.网络”. Registrars shall accept the security check and evaluation of users’ information from CNNIC before signing up the registration service agreement with CNNIC.
Article 46 Registrars shall regulate the domain name registration business to strictly control the scope of the personnel to whom the users’ information expose and reasonably set the operation authority of users’ information.
Article 47 Registry shall cooperate with the Internet competent department to dispose the domain names infected by Trojan virus, Botnet, and Malicious programs of mobile Internet.

Chapter 7 Domain Name Dispute Resolution

Article 48 The registrars shall actively cooperate with the people’s court, arbitration institution or any other domain name dispute resolution institution on the resolution of domain name disputes. Upon receipt of the request made by the domain name dispute resolution institution in accordance with the requirements of the “CNNIC Domain Name Dispute Resolution Policy”, “Rules for CNNIC Domain Name Dispute Resolution Policy”, and any other supplementary rules formulated by the institution, the registrars shall make replies within three working days; if not, it shall give specific reasons.
Article 49 The registrars shall take necessary measures to prevent the disputed domain name from being cancelled or transferred.
Article 50 If the dispute resolution institution rules in its decision to cancel the registered domain name or to transfer it to the complainant, the domain name registration service provider, before enforcing the decision, shall wait ten calendar days calculating from the date on which the decision is published. If during such waiting period the respondent submits valid proof attesting that a competent people’s court or arbitration institution has accepted the relevant dispute, the registrars shall not enforce the decision of the dispute resolution institution.

Chapter 8 Domain Name Operation Fees

Article 51 The registrars shall, in accordance with the Regulations, charge the domain name holder for operation of the domain name.
Article 52 The expiry date of the domain name shall be the same as the registration application date. The registrars shall, before the expiry date, remind the domain name holder to renew the domain name by effective means as e-mails. The domain name holder shall not refuse to renew its domain name for the reason of having not received the renewal notice. The domain name registration service provider shall have records on such notices retained.
Expiration of domain name follows the renew confirmation period. Domain name holder confirms whether to renew in this period. Registrars have the authority to cancel the domain name if domain name holder confirms not to renew by written ways; if domain name holder fails to express whether or not to renew within 30 days, registrars have the authority to cancel the domain name after 30 days. During the renew confirmation period, registrars shall not change or suspend domain name resolution with the excuse of unpayment, but exclude the exceptional conditions agreed with the domain name holder.

Chapter 9 Client Complaint Mechanism

Article 53 CNNIC has hotlines and e-mail for quality supervision and complaints of domain name registration services, which are available on CNNIC website (http://www.cnnic.cn).
Article 54 CNNIC shall give replies within five working days after receiving the complaints.
Article 55 CNNIC shall supervise the registration services and activities of the registrars. Regarding any registrars violate the implementation rules hereof, CNNIC shall take appropriate actions in accordance with the agreements signed with the registrars.

Chapter 10 Supplementary Provisions

Article 56 The WWW server set up at CNNIC (site: http://www.cnnic.cn) shall be used to publish the domain name registration information and other related issues.
Article 57 The information provided by the domain name registration applicants in the application forms shall be entered into the publicly accessible database and other publications by the registry or registrars as one of the inputs of the directory service offered to the Internet users, except that particularly declared by the applicants for nondisclosure regulated by laws.
Article 58 CNNIC has the right to amend these Rules subject to the development of the Internet network and the domain name system as well as revisions of relevant laws, regulations and policies.
Article 59 CNNIC reserves the right to interpret the Rules.
Article 60 The Rules shall be implemented since May 29, 2012, while the “CNNIC Rules for Implementation of Domain Name Registration” implemented since June 5, 2009 shall be annulled simultaneously.

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