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Regulations on Implementing the Registration of “.政务" related Domain Names (for discussion)
时间:2022-07-29 来源:ICANN
 Based on the Administration of China Internet Domain Names Procedures issued by the Ministry of Industry and Information Technology of the Peoples Republic of China, China Organizational Name Administration Center (CONAC) has submitted the Regulations on Implementing the Registration of .政务” related Domain Names to the Ministry of Industry and Information Technology of the Peoples Republic of China for record and approval. It is now promulgated.

 

  

 

  China Organizational Name Administration Center

 

  DATE:   , 2012

 

 

  Regulations on Implementing the Registration of .政务" Related Domain Names

 

  

 

  Chapter 1 General Provisions

 

  Article 1 Based on the Administration of China Internet Domain Names Procedures (hereinafter referred to as The Administratio n), Regulations on Implementing the Registration of .政务" related Domain Names (hereinafter referred to as The Regulations) is to regulate the registration and management of domain names of .政务", ".政務", "政务.cnand .政務.cn(hereinafter referred to as .政务" related domain names).

 

  

Article 2 Application for registering, using, modifying and canceling .政务" related domain names shall abide by The Regulations.

 

  

Article 3 The domain name system involved in The Regulations abides by the notice on Chinas Internet domain name system issued by the Ministry of Industry and Information Technology of the Peoples Republic of China.

 

 

  Chapter 2 Scope of Application

 

  

Article 4 Within the territory of China, .政务" related domain names are applied to Communist Party of China (CPC) and government organizations and other institutions that carry out administrative functions. Institutions eligible to apply for .政务" related domain names include:

 

  (i) Central and local committees at all levels and basic organizations of the Communist Party of China;

 

  (ii) The National Peoples Congress, all local People's Congresses and their Standing Committees at or above the county level;

 

  (iii) The central government, local governments at all levels, and their departments and agencies at or above the county level;

 

  (iv) The Supreme People's Court, local peoples courts and special peoples courts;

 

  (v) The Supreme Peoples Procuratorates, local peoples procuatorates and special peoples procuratorates;

 

  (vi) The National Committee of the Chinese People's Political Consultative Conference and local committees at all levels;

 

  (vii) Central and local committees of democratic parties;

 

  (viii). Other organizations that carry out administrative functions

 

  

 

  Chapter 3 Responsibilities of Registry and Registrar

 

  

Article 5 Registry shall be responsible for managing the registration of .政务" related domain names. Their main duties are listed as follows:

 

  (i)  To formulate policies pertaining to registration, usage, change and deletion of .政务" related domain names;

 

  (ii)  To direct and regulate registration activities of .政务" related registrar

 

  (iii) In charge of the operation, maintenance and management of .政务" related domain name systems;

 

  (iv) In charge of reviewing, supervising and managing the application for registration, use, change and deletion of .政务" related domain names;

 

  (v)  In charge of the international application for including .政务" related domain names into top-level domain name groups and follow-up maintenance and operation; be responsible for communicating with and contacting related international Internet organizations;

 

  (vi) To strengthen the research on the new issues in terms of .政务" related domain names and set a mechanism of work bulletin to support the policy development process for related government departments;

 

  (vii)To formulate payment measures of operation fees of .政务" related domain names and charge fees according to related regulations;

 

  (viii)Make overall plans of communication and promotion campaign pertaining to .政务" related domain names.

 

  

Article 6 Registrar shall, under the guidance and authorization of registry, be responsible for the registration services related to .政务" related domain names. Registrars main duties includepromoting the registration of .政务" related domain names, accepting the application for the registration of .政务" related domain names, providing domain name resolution service of .政务" related domain names, providing technological consulting service and collecting domain name fees, etc.

 

  

 

  Chapter 4 Provisions of Registration

 

  Article 7 All applied-for domain names shall contain at least one Chinese character, but digital numbers (0~9) and hyphen (-) are also allowed to use combined with Chinese characters. Each level is separated by ." or Chinese full stop “。".The length of the second-level domain name and domain names at other levels shall not exceed 20 bytes.

 

  

Article 8 The applied-for domain name can be the full name, the official abbreviation, the habitual abbreviation or other names of an organization, ;.when using the full name or the official abbreviation of an organization, the domain name shall be consistent to the name approved by relevant authorities; when using the habitual abbreviation of an organization, the domain name shall be consistent to the name that is widely used. In principle, such .政务" domain names shall contain names of relevant administrative divisions (such as province, city, county and township, etc.)

 

  When using other names, the domain name shall be consistent to the functions and business scope of the organization that are approved by its governing authority

 

  

Article 9 If the applied-for domain name contains an administrative division name that is visually or aurally same to other division names".政务" related domain name shall be preceded by a province name.

 

  

Article 10 When applying for a .政务" related domain name that contains a restricted or reserved name, or a trademark, the applicant shall guarantee that the domain name does not infringe on the legal rights of any third party

 

  

Article 11 When applying for a domain name containing the following characters of “中国"(China), “中华"(China), “国家"(Nation),“全国"(Nationwide) or “中央" (Central), the applicant shall submit necessary approval documents. When applying for a .政务" related domain name that contains full name, official/habitual abbreviation of administrative divisions at any level, the applicant shall submit the approval document of relevant authority.

 

  

Article 12 The following names will be restricted and protected, and only the appropriate government agencies can register the names:

 

  (i) CONAC complies with the Specification 5 of the Registry Agreement, and reserves names formed with the listed labels from initial registration within the TLD.

 

  (ii) In terms of country and territory names, CONAC reserves the short form of all country and territory names on the ISO3166-1 list (both in English and Chinese), as updated from time to time.

 

  (iii) CONAC reserves all Chinese names of provinces, autonomous regions, municipality directly under the central government, cities and counties of China.

 

  (iv) CONAC protects other geographic names reserved in accordance with CONAC registration policies that are developed with inputs from the community.

 

  

Article 13 Proposed domain names that engage in the following contents and/or activities will be denied for registration:

 

  (i) Those that are against the basic principles prescribed in Chinas Constitution;

 

  (ii) Those that jeopardize national security, reveal national secrets, overturn national administrative authority and undermine state integrity;

 

  (iii) Those that harm national honor and interests, infringe public interests;

 

  (iv) Those that instigate ethnic hatred, ethnic discrimination; those that undermine national unity;

 

  (v) Those that breach the national religion policies, promote cults and superstition;

 

  (vi) Those that spread rumorsdisturb social order or undermine social stability;

 

  (vii) Those that spread obscenity, pornography, gambling, violence, homicide, terror or instigate crimes;

 

  (viii) Those that are insulting and libelous, infringe and violate citizenslegitimate rights and interests;

 

  (ix) Other contents that are prohibited by laws, administrative regulations of China;

 

  (x) Those that violate ethics and public orders that are recognized by general principles of international law.

 

  

 

  Chapter 5 Registration Procedures

 

  

Article 14 Basic procedures of registering a .政务" related domain name include submitting the application, reviewing application, making payments, and opening the domain name.

 

  

Article 15 To apply for a .政务" related domain name, the applicant should submit proof documents to the registrar though paper application or online application. The proof documents include:

 

  (i) Application form of a .政务" related domain name and domain name registration agreement;

 

  (ii) Valid organizational code certificate and registration certificate of the legal entity;

 

  (iii) Document stating the execution of administrative functions of the public institution or non-governmental organization applying for the domain name;

 

  (iv) Other proof documents required by registry.

 

  The applicant shall be responsible for the authenticity, validness, accurateness and completeness of application information and proof documents. The applicant shall ensure that the domain name it applied for do not infringe on the lawful rights of a third party.

 

  

Article 16 Notes for the registration of a .政务" related domain name include:

 

  (i)  The type and name of the institution;

 

  (ii) Major responsibilities or its objective and the business scope of the institution;

 

  (iii) The .政务" related or public welfare related domain name applied for;

 

  (iv) The IP address of the website;

 

  (v) The physical address of the websites host.

 

  

Article 17 The date when the registrar receive valid application from an applicant is deemed as the application date.

 

  The registrar shall abide by the below rules in the initial review:

 

  (i) Submit the application to registry for a second review within three working days after the application date, providing the application materials are complete and meet the requirements;

 

  (ii) Return the application materials to the applicant for updates and revision within three working days, providing the application materials are incomplete or application information is incomplete or incorrect.

 

  (iii) Reject the application when the applicant is not eligible for application and make explanations.

 

  The registry should complete the second review within two working days after the registrar complete the initial review. The domain name passing the second review will become effective.

 

  

Article 18 For the domain name that includes prohibited, reserved or protected content or a registered trademark, the registrar shall finish the initial review within 30 days upon receipt of the application materials, and notify the applicant and report to the registry.

 

 

  Chapter 6 Annual Review, Change and Deletion

 

  

Article 19 An annual review system is adopted for the domain names. Registry shall launch annual reviews on the legitimacy and validness of domain names. Domain name registrants should submit related materials according to the requirements of annual review. The annual review should focus on:

 

  (i)  Whether the content on the website of the applicant is in accordance with the scope of its responsibilities, objective and business scope, and whether its in accordance with related regulations of the nation;

 

  (ii)  Whether the applicant place the domain name it applied for on a prominent spot on the websites homepage;

 

  (iii) Whether the applicant pays registration fees according to regulations.

 

  

Article 20 Registry can halt the resolution of the domain name of the institution that fails to pass the annual review.

 

  

Article 21 If an organization carrying out a .政务" related domain name merges with, separates from, transferred to another entity or switches to another form of business, or the registered items change, it should apply for change from the registry within 30 days after the change. The application materials include:

 

  (i)  The application form for change of a .政务" related domain name;

 

  (ii)  Valid organizational code certificate and registration certificate of a legal entity;

 

  (iii) Document stating the execution of administrative functions of the public institution or non-governmental organization applying for the domain name;

 

  (iv) Other proof documents required by registry.

 

  Registrar should finish the initial review of the change application within three working days and submit change request to the Registry. The registry shall finish the second review within two working days and the domain name passing the second review will become effective.

 

  

Article 22 .政务" related domain name registrants can request the deletion of related domain name from registrar.

 

  If the .政务" related domain name registrant is closed, terminated or dismissed, it should apply for deletion of its domain name from registrar through the same-level organizational administrator within 90 days; registry shall cancel its domain name according to law if a .政务" related domain name registrant fails to make such application within the given time.

 

  

Article 23 Registry shall release information about registration, change and deletion of domain names to the public on its official website.

 

  

 

  Chapter 7 Supervision and Management of Registration

 

  

Article 24 All .政务" related domain name registrants shall carry out functions and activities by using domain names that meet name selection criteria.

 

  Any organization, institution, group or individual shall not use domain names belonging to others without authorization of the .政务" related domain name registrant and approval from the registry.

 

  

Article 25 No .政务" domain name shall be transferred without the permission of registry.

 

  

Article 26 CONAC develops strict .政务" domain name registration policies, and supervisory mechanisms for use of domain names. CONAC sets up and perfects technical systems for the security of networks and information, taking measures to ensure the secure operation of registrantsdomain names with the global Internet community.

 

  

Article 27 With the service quality supervision and complaint system, CONAC collects complaints from telephone calls and emails, and makes prompt replies, guarantees service quality.

 

  

Article 28 Any of the following behaviors may result in a warning, requiring corrections within a time limit, or even suspension or deletion of the domain name by CONAC:

 

  (i) Register names with fake information;

 

  (ii) Lease, lend or unauthorized transfer of domain name;

 

  (iii) Fail to comply with regulations in regard to annual review, change or deletion of domain names;

 

  (iv) Other delinquent registration and use of domain names.

 

  

Article 29 Any of the following behaviors shall be investigated for legal liabilities:

 

  (i) Steal or infringe on .政务" domain name to seek for illegal gains;

 

  (ii) Steal or infringe on .政务" domain name to spread false information and disturb the social order;

 

  (iii) Steal or infringe on .政务" domain name to undertake fraud.

 

  (iv) Breach .政务" related domain names of the CPC and governmental organizations, public institutions or non-governmental organizations on evil purposes and the domain names fail the normal resolution or correct resolution as a result.

 

  

Article 30 Working staff of registry shall be held liable if they abuse power, fail to fulfill their duties, bend the law for personal gains and engage in fraud.

 

 

  Chapter 8 Domain Name Dispute Settlement

 

  

Article 31 If disputes occur during the application, use, change or deletion of .政务" related domain names, registry shall engage and coordinate first. If negotiations fail, dispute settlement organizations approved by registry or Chinese arbitration authorities shall be resorted to based on the Agreement, or a lawsuit can be launched to related Chinese jurisdictional peoples courts.

 

  

Article 32 Before domain name disputes are settled, related items of domain name registration and domain name resolution services remain untouched; after the settlement of disputes, related items of domain name registration and domain name resolution services should be revised according to the result.

 

  

 

  Chapter 9 Supplementary Provisions

 

  

Article 33 All proof documents submitted by applicants and Registrants mentioned in The Regulations shall be seal affixed.

 

  

Article 34 The starting date of a period of the time limit stated in The Regulations is not counted in the time period. If the last day of a period of the time limit is a public holiday, it will be postponed to the day after the holiday.

 

  

Article 35 The Regulations will take effect starting from the day it is promulgated.