Implementing Rules of China ccTLD Registration

June 18, 2019

Chapter I

General Provisions

Article 1. The Implementing Rules of China ccTLD Registration (hereinafter referred to as the "Rules") areformulated in accordance with the Cyber Security Law of the People's Republic of China, the Internet Domain Name Regulations and other relevant provisions to standardize the services for and management of country code top-level domain names (hereinafter referred to as the "ccTLD") registration, protect the legitimate rights and interests of users, ensure the safe and reliable operation of the ccTLD system, maintain cyber security and national interests, and promote the development and application of ccTLD.

Article 2. ".CN" and ".中国" are ccTLD in China. Any application for the registration of ".CN" and ".中国" country code top-level domain names(hereinafter referred to as the "domain names") or any provision of domain name registration-related services shall comply with the Rules.

Article 3The China Internet Network Information Center (CNNIC) is a ccTLD registry, which is responsible for the operation and management of ccTLD in accordance with the law.

Article 4The domain name system involved in the Rules shall meet the requirements of the announcement of the Ministry of Industry and Information Technology on China's Internet domain name system.

Chapter II

Registrars

Article 5A registrar intending to provide services for the registration of ".CN" and ".中国" domain names within the territory of the People's Republic of China shall obtain the corresponding permission in accordance with the law.

Article 6A registrar intending to provide services for the registration of the ".CN" and ".中国" domain names shall meet the relevant requirements of CNNIC.

Article 7A registrar intending to provide services for the registration of the ".CN" and ".中国" domain names shall sign an agreement with CNNIC.

Article 8When carrying out domain name registration services, a registrar shall standardize management, strengthen network and information security protection, operate in accordance with the law and in good faith, prevent and control integrity risks, and strengthen the supervision of agencies.

Article 9A registrar shall indicate its permission information and publicize the complaint service hotlines of CNNIC and the registrar and other information at a prominent place of the homepage of its website and premises.

A domain name registrationagency shall indicate the name of the registrar for which it provides agency services at a prominent place of the homepage of its website and premises.

Article 10A registrar shall retain the correspondences with CNNIC and domain name applicants and holders as well as the relevant records while providing domain name registration services for a minimum period of three years except as otherwise prescribed.

Article 11In the process of providing domain name registration services, a registrar shall not:

(1)provide domain name registration services in the name of a government institution, enterprise or public institution, social organization or any other organization;

(2)register domain names with false information to take up domain name resources in disguised forms;

(3)require others to register domain names by fraud, coercion or other unfair means;

(4)force the users to extend the domain name registration period or sell with other services bundled;

(5)fail to submit the registration information to CNNIC according to the actual registration period;

(6)reject the application of the domain name holders for the domain name transfer code, hinder the holders from changing registrars, or charge the holders for the transfer application;

(7)fail to renew the fees according to the renewal period submitted by the users, or renew the fees in violation of provisions without approval;

(8)disclose the registration information of the users, or use such information to obtain illegitimate interests; or

(9)commit other behaviors that go against laws and regulations and the provisions of CNNIC or infringe the legitimate rights and interests of users.

Where a registrar violates the above provisions, CNNIC shall require it to be held liable for the violation in accordance with the agreement signed with it, or terminate the agreement in the case of gross violation.

Article 12If a registrar falls under any of the following circumstances, CNNIC shall terminate the relevant agreement:

(1)losing the administrative licensing for the registrar;

(2)no longer being capable of providing normal domain nameregistration services due to major business problem; or

(3)seriously violating the Internet Domain Name Regulations, the Rules, the relevant provisions of CNNIC, and related agreements.

Article 13After a registrar is decertified by CNNIC, the domain names whose registration is the responsibility of the registrar shall be distributed among other registrars certified by CNNIC within ten days; otherwise, they shall be distributed by CNNIC.

Article 14. If a registrar appoints a domain name registrationagency to apply for the registration of a domain name, and indirectly completes the registration of the domain name in the ccTLD database, it shall meet the Internet Domain Name Regulations, the Rules, the relevant provisions and related agreementsof CNNIC, and supervise and administrate the work of the agency.

The agency shall express the agency relationship and provide services as required. If the agency violates the relevant provisions, the registrar shall bear the corresponding liability according to the agreement signed with CNNIC.

Chapter III

Domain Name Registration Application and Review

Article 15. In principle, domain name registration services are subject to the rule of "first application, first served," unless otherwise prescribed by CNNIC.

Article 16. The domain name registration shall be valid for a maximum period of ten years. If a domain name is renewed, the maximum period from the renewal date to the expiration date after renewal shall not exceed ten years, except for the automatic renewal due to the change of the registrar.

Article 17. CNNIC establishes a system for reserved word in registered domain names in accordance with that prescribed inthe Internet Domain Name Regulations.

Article 18. Natural persons, legal persons and unincorporated organizations may apply for the registration of ccTLD, except as otherwise prescribed in the Rules.

Article 19. An applicant shall sign a domain name registration agreement with aregistrar and submit the following materials in the written or electronic form to theregistrar when applying for the registration of a domain name:

(1)identity certification materials of the applicant; and

(2)other materials required by CNNIC.

The registrar shall verify the authenticity, accuracy and integrity of the materials stated as above and submit the materials stated as above to CNNIC within one working day after the valid verification result.

Article 20. When applying for the registration of a domain name, an applicant shall submit the following information to a registrar in the written or electronic form:

(1)the domain name of which the registration is applied for;

(2)the host names and IP addresses of the primary and secondary domain name servers;

(3)the natural person applicant shall submit the name, ID card number, certificate type, mailing address, telephone number, email and so on; the legal person or incorporate organization applicant shall submit the organization name, organization certificate number, certificate type, mailing address, email and telephone number and so on;

(4)names, mailing addresses, emails, and telephone numbers of the applicant's registration contact, management contact, technical contact and payment contact and the principal undertaker; and

(5)period of the registration of a domain name.

The registrar shall submit the domain name registration information stated as above to CNNIC within one working day after receiving the application for the registration of a domain name.

Article 21. An applicant shall make the following commitments in the domain name registration agreement:

(1)abiding by laws and regulations related to the Internet networks such as the Cyber Security Law of the People's Republic of China;

(2)abiding by the Internet Domain Name Regulations and the relevant management provisions of the competent departments of the State;

(3)abiding by the Rules, the China ccTLD Dispute Resolution Policy and the relevant provisions of CNNIC; and

(4)ensuring the authenticity, accuracy and integrity of the domain name registration information submitted.

Article 22The application date shall be the date when CNNIC receives the first valid application for the registration. CNNIC and registrars shall inform applicants of the application dates.

Article 23A registrar shall strengthen the review of the registration of a domain name to ensure that the domain names registered through the registrar comply with Internet Domain Name Regulations. CNNIC reviews the registered domain names.

For the domain names containing the content set out in Article 28 of the Internet Domain Name Regulations, CNNIC and registrars do not provide domain name registration services.

For domain names with inauthentic, inaccurate and incomplete registration information, a registrar shall require the applicants to make corrections. If the applicant does not make corrections or provides inauthentic domain name registration information, the registrar shall not provide domain name registration services for it.

For the domain names mentioned above, CNNIC has the right to require registrars to deregister in accordance with the Internet Domain Name Regulations.

Article 24When applying for the registration of a third-level domain name under ".GOV.CN", an applicant shall meet the following conditions:

(1)the applicant shall be a Party or government organ or an entity excercising the functions of Party and government organs in accordance with the law; and

(2)the applicant shall submit a domain name registration application form bearing its official seal, organization supporting materials, and other materials and information prescribed in the Rules.

A registrar shall submit photocopies of the above written application materials to CNNIC at the same time. The registrar and CNNIC shall keep the above written application materials within the validity period of the registered domain name.

If the relevant competent departments of the State have other provisions, such provisions shall apply.

Chapter IV

Domain Name Changes and Cancellation

Article 25. In the case of any changes in the registration information rather than the information of the domain name holder, the domain name holder shall apply to the registrar for changing registration information within 30 days after the changes take place according to the change confirmation way selected when applying for the registration of the domain name.

The registrar shall submit the changed registration information to CNNIC within three working days after receiving the domain name holder's application for changing registration information.

The registrar shall not change registration information without the consent of the domain name holder.

Article 26. To apply for domain name transfer, an applicant shall go through transfer formalities with a registrar.

A registrar shall establish and publicize domain name transfer rules, and review the domain name transfer applications and identity certification materials of the parties to the transfer. The registrar shall review the transfer application materials within three working days upon receipt thereof and change the domain name holder in accordance with the rules after the qualified review result.

The transferee shall abide by the relevant requirements for domain name registration as prescribed in the Rules.

Article 27. To apply for cancelling a domain name, the domain name holder shall submit a valid and effective application for domain name cancellation and identity certification documents to a registrar.

The registrar shall review the materials within three working days upon receipt thereof, cancel the domain name after the qualified review result, and notify the domain name holder.

Article 28. If a registered domain name falls under any circumstance subject to cancellation as prescribed in the Internet Domain Name Regulations or shall be cancelled due to violation of the provisions of CNNIC, the registrar shall cancel the domain name and notify the domain name holder.

If the judgment or ruling, adjudgement, or decision of a court, domain name dispute resolution service provider, or competent department of the domain name industry requires cancellation of a domain name, the registrar shall do so as required.

Article 29. If the relevant competent department of the State has other provisions on the change and cancellation of a third-level domain name registered under ".GOV.CN", such provisions shall apply.

Article 30. A registrar shall not accept any application of a domain name holder for transferring or canceling any disputeddomain name when the domain name is in legal proceedings, arbitration proceedings or domain name dispute resolution proceedings, except where the assignee of the domain name agrees in writing to be bound by the judgment of the people's court, arbitration award or decision of the dispute resolution institution.

Chapter V

Change of Registrars

Article 31. A domain name holder shall not apply for changing the registrar under the following circumstances:

(1)the domain name has been registered for less than 60 days;

(2)the period of registration will expire in less than 15 days;

(3)the domain name has been registered with unpaid domain name fees;

(4)the subject of the domain name holder is unidentified or is in disputed status;

(5)the domain name is held under legal proceedings, arbitration proceedings or domain name dispute resolution proceedings;

(6)the domain name resolution has been stopped as required by the relevant competent department of the State in accordance with the law; and

(7)other circumstances where the domain name shall not be changed as required by CNNIC.

Article 32. A registrar shall formulate and publicize the rules for change of registrars. CNNIC has the right to require a registrar to change the unreasonable rules.

Article 33. The original registrar (hereinafter referred to as the "transferor") shall send the correct transfer code to the domain name holder within three working days after verifying the identity and willingness of the domain name holder applying for a transfer code, and shall not charge the domain name holder for the transfer application.

If the transferor fails to provide a transfer code within three working days or provides an incorrect transfer code, CNNIC may directly change the registrar.

Article 34. The changed registrar (hereinafter referred to as the "transferee") shall make a request for changes to CNNIC after receiving the application for changing the registrar submitted by the domain name holder.

Article 35. CNNIC shall, upon receipt of the transferee's request for change, send a notice to the transferee and the transferor in the written or electronic form. If the transferor gives express consent to the change or fails to make replies within five working days after CNNIC gives a written or electronic notice, CNNIC will change the registrar.

Article 36. If the transferor rejects the request for change, it shall promptly notify CNNIC and the transferee in the written or electronic form and explain reasons for therejection.

Article 37.If the reason for the refusal to change provided by the transferor falls under the circumstances set out in Article 31, CNNIC shall terminate the change. If the reason for the refusal to change provided by the transferor does not fall under the circumstances set out in Article 31, CNNIC may change the registrar.

Article 38. After the change of a registrar, CNNIC shall notify the transferor and the transferee in the written or electronic form.

Article 39. After the change of a registrar is completed, the transferee shall pay CNNIC for one-year services for the domain name. The period of registration of the domain name shall be extended by one year on the basis of the original period of registration.

Chapter VI

Network and Information Security

Article 40. A registrar shall at least meet the following network and information security requirements:

(1)there shall be express persons responsible for network and information security, and there shall be two emergency contacts to be responsible for 7×24-hour emergency contact and disposal work and be committed to initially reporting to CNNIC for the record within five working days after the change of the relevant personsinformation;

(2)specialized network and information security administrators shall be employed in compliance with the domain name registration service scale;

(3)the network and information security management department shall be set up to define the network and information security duties, and formulate and supervise the implementation of the rules, requirements and schemes related to the network and information security of the entity;

(4)network and information security assurance systems, which includes systems for network and information security duties, evaluation, reward and punishment, emergency disposal, education and training, and drilling, shall be set up and perfected;

(5)the relevant network and information security technology safeguarding measures shall be developed in accordance with the requirements and standards of the relevant competent department of the State; there are functions such as the management of basic resources and real-time disposal of illegal website domain names; mechanisms for blacklist management, certification of registered users' real identity information, and prevention of violations of laws and regulations by use of domain names shall be established; inspection by the relevant competent department of the State shall be accepted; and

(6)other network and information security requirements of the relevant competent department of the State are met.

Article 41.In order to carry out domain name registration management and provide domain name registration services and for related business purposes, CNNIC and registrars may, according to the methods and scope prescribed in the relevant provisions of the State including the Internet Domain Name Regulations, the Rules and the provisions of CNNIC and upon approval by users, collect, use, provide, disclose and manage the personal information of users, except where no approval of users is required in accordance with the requirements of the relevant laws and regulations, judicial organs and competent departments.

Applying for registering and holding a domain name indicates that a user agrees to the collection, use, provision, disclosure and management of user information, including personal information, by CNNIC and registrars in accordance with Paragraph 1 of the present article.

During the domain name registration services, a registrar shall clearly express the purpose, manner and scope of the collection, use, provision, disclosure and management of users' personal information, and obtain the users' approval.

Article 42.CNNIC and registrars shall store and protect user information in accordance with the law, ensure the storage security of users' data and information, and properly store users' data, information and materials to prevent information leakage, damage and loss.

Article 43. Registrars are responsible for protecting users' information. The domain name registration agreements signed with users shall expresslyclarify the protection duty of registrars toward security of users' information and define the detailed information protection measures. Once users' information is leaked by a registrar, compensation shall be made according to the agreement signed with users.

Article 44. In order to ensure the security of ccTLD, CNNIC may conduct spot checks, inspections and evaluations on the network and information security protection work of registrars. When violations are found, they can be held liable in accordance with relevant provisions.

Article 45. CNNIC and registrars shall cooperate with the relevant competent department of the State in disposing of the domain names used for illegal acts.

CNNIC formulates measures for disposal of domain names used for illegal acts in accordance with the Internet Domain Name Regulations and disposes of such acts.

Registrars shall take measures to dispose of the domain names used for illegal acts in accordance with the Internet Domain Name Regulations and the relevant provisions of CNNIC.

The aforementioned domain names used for illegal acts include the domain names applied to release and transmit the information that is prohibited by laws and administrative regulations from being released or transmitted, damage Internet security, or violate the law or damage Internet security as determined by the relevant competent department of the State or CNNIC.

Chapter VII

Domain Name Dispute Resolution

Article 46. Registrars shall actively cooperate with the courts, arbitration institutions or domain name dispute resolution institutions on the resolution of domain name disputes. Upon receipt of the request made by a domain name dispute resolution institution in accordance with the requirements of the China ccTLD Dispute Resolution Policy, the China ccTLD Dispute Resolution Policy Rules, and the supplementary rules formulated by the institution in accordance with the above provisions, a registrar shall give replies within three working days; if not, it shall give specific reasons.

Article 47. A registrar shall take necessary measures to prevent the domain names from being cancelled or transferred during domain name dispute resolution.

Article 48. If a domain name dispute resolution institution rules in its decision to cancel the registered domain name or to transfer it to the complainant, the registrar shall, before enforcing the decision, wait ten days calculating from the date on which the decision is officially published on the website of the dispute resolution institution. If during such waiting period the respondent submits valid proof attesting that a competent court or arbitration institution has accepted the relevant dispute, the registrar shall not enforce the decision of the dispute resolution institution.

Chapter VIII

Domain Name Fees

Article 49. A user shall pay domain name operation fees to a registrar on schedule in order to register a domain name. A registrar shall charge the domain name operation fees in accordance with the principles of reasonableness, openness, and matching the fees with the service level.

Article 50. A registrar shall pay the domain name service fees to CNNIC on schedule.

Article 51. A registrar shall, before the expiry date of the domain name, remind the domain name holders to renew the domain name by effective means such as email. A domain name holder shall not refuse to renew its domain name for the reason of having not received a renewal notice. A registrar shall keep records of such notices.

After a domain name expires, it will automatically enter the renewal confirmation period, and the domain name holder will confirm whether to renew the domain name within 30 days upon expiration. The registrar shall cancel the domain name if the domain name holder confirms not to renew the domain name in writing; if the domain name holder neither expresses whether or not to renew the domain name in writing within 30 days nor renews the domain name, the registrar shall cancel the domain name after 30 days.

During the renewal confirmation period, a registrar shall not change or suspend domain name resolution with the excuse of non-payment, except as otherwise agreed with the domain name holder.

Chapter IX

User Complaint Mechanism

Article 52. CNNIC has a hotline and email for quality supervision and complaints of domain name registration services, which are publicized on CNNIC's website (http://www.cnnic.cn or http://中国互联网络信息中心.中国) or at a prominent place of the office place.

CNNIC shall give replies within five working days after receiving the complaints.

Article 53. A registrar shall establish a complaint acceptance mechanism, publicize the complaint acceptance method at a prominent place of the homepage of its website and premises, and handle the complaints in a timely manner; if a complaint cannot be disposed of in a timely manner, the reasons and the time limit for disposal shall be given; if a complaint is not tenable, the reasons shall be explained to the complainant.

A disposal decision made by CNNIC shall be enforced by the registrar within three working days upon receipt of the decision.

Article 54. CNNIC supervises the registration services and activities of the registrars. Regarding any registrars violating the provisions of the Rules, CNNIC shall take appropriate disposal measures in accordance with the agreements signed with the registrars.

Chapter X

Supplementary Provisions

Article 55. The website (http://whois.cnnic.cn) set up by CNNIC shall be used to provide domain name registration information enquiry services.

Article 56. Registrars shall provide the public with domain name registration information public enquiry services in accordance with the Internet Domain Name Regulations and the relevant provisions of CNNIC.

Article 57. CNNIC has the right to amend the Rules subject to the development of the Internet network and the domain name system as well as changes in the relevant laws, regulations and policies.

Article 58. The Rules shall be construed by CNNIC.

Article 59. The Rules shall come into force as of June 18, 2019, while the CNNIC Implementing Rules of Domain Name Registration implemented since May 29, 2012 shall be annulled simultaneously.

 

 

Keywords