颁布日期：20000828 推行日期：20000901 颁布单位：北京工商行政管理局
PART onEGENERAL PROVISIONS
Article 1These Procedures have been formulated1 in accordance with relevant State laws and regulations, in order to protect the lawful2 rights and interests of business-related website owners and to regulate website business.
Article 2The Beijing Municipal Administration for Industry and Commerce is the record-filing authority for Beijing websites .
Article 3For the purposes of these Procedures, the term business-related website means an electronic platform that has an independent domain3 name submitted to the domain name administration authority and that the website owner has established using internet technology in order to realize its/his objective of engaging in activities such as publishing information or adverti百度竞价推广ents, establishing e-mail boxes and/or carrying out commercial activities, or providing others with the internet space required to carry out the aforementioned acts.
The term website owner means the owner of a website's domain name, except that if the contract provides otherwise, the stipulations of the contract shall prevail.
Article 4For the purposes of these Procedures, the term business-related website means a website that has either of the following characteristics:
1. the website owner or one of the website owners is an enterprise; or
2. the website is used to engage in for-profit business activities.
Article 5Business-related website owners shall apply for record-filing to, and obtain a Business-related Website Record-filing Certificate from, the Record-filing Authority and install the mark of electronic record-filing on the homepage of their websites.
Business-related Website Record-filing Certificates and Electronic Marks will be centrally prepared by the Beijing Municipal Administration for Industry and Commerce.
Article 6Business-related website owners shall have information censors4, who shall prevent and remove, in a timely manner, any type of information that is illegal, offends public morals or adversely5 affects the development of socialist6 culture and ideology7.
Article 7In the course of operating their websites, business-related website owners must abide8 by State laws and regulations, adhere to professional ethics9, promote the development of socialist culture and ideology, strengthen internal control, accept supervision10 by the government and the public and prevent any kind of illegal business acts.
PART TWOAPPLICATION FOR, AND EXAMINATION AND APPROVAL OF, THE RECORD-FILING OF BUSINESS-RELATED WEBSITES
Article 8The establishment of a business-related website shall, mutatis mutandis, be administered as the establishment of an enterprise branch. Specific matters expressly provided for herein shall be handled in accordance with these Procedures.
Article 9Application for the record-filing of a business-related website shall be made by the website owner.
If the website owner entrusts11 another person with handling the record-filing of its/his website, matters shall be handled in accordance with the regulations of the Record-filing Authority.
Article 10Website owners that establish business-related websites shall have a corresponding scope of business.
Where business-related websites established prior to the date of promulgation12 hereof do not satisfy the requirement of the preceding paragraph, the Owners thereof shall register the change in their scope of business with their local administration for industry and commerce within 30 days of the date of promulgation hereof.
Article 11Inpiduals who establish business-related websites shall carry out the relevant business registration13 procedures and obtain a business licence before they apply for website record-filing.
Inpiduals who established business-related websites prior to the promulgation hereof shall retroactively carry out the above-mentioned procedures with their local administration for industry and commerce.
Article 12The particulars of a business-related website record-filing include the basic details of the website and the website owner. The website owner shall truthfully fill out and submit the relevant documents and supporting materials as required by the Record-filing Authority.
Article 13When carrying out the procedures for record-filing of a business-related website, registration of the name of the website shall be applied14 for at the same time.
Article 14Application for, and the obtaining, change and de-registration of, website names and other related issues shall be handled by the Record-filing Authority in accordance with the relevant provisions of the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures and the Implementing15 Rules therefor.
Article 15Applicants17 for website record-filing shall file their applications online and supply the relevant record-filing information in accordance with the forms and stipulated18 procedures provided on the Hong Dun 315 website .
Article 16Applicants shall provide the Record-filing Authority with written supporting materials within 30 days after completing the online application procedures.
If the applicant16 fails to submit the written supporting materials within the prescribed time limit, it/he shall be deemed to have withdrawn19 its/his application.
Article 17After the Record-filing Authority has approved the application documents submitted by the website owner, it shall guide the website owner in downloading and installing the Electronic Mark. Trial operation may commence after the Electronic Mark has been installed correctly.
Article 18During the trial operation period, the Record-filing Authority will announce the registered website name applied for by the applicant, in accordance with the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures.
The trial operation period shall be the period for filing oppositions20 to the registered website name. During such period, the website owner shall have no proprietary21 rights to the website name applied for.
Article 19The Record-filing Authority will issue a Website Name Registration Certificate and a Business-related Website Record-filing Certificate, and make an announcement, in respect of websites whose registered website names have been approved. At such point, the website owners will commence to have proprietary rights to the registered website names, and the operational status of their websites will automatically change to formal operation.
Article 20The owners of websites whose names did not survive the period for the filing of oppositions to registered website names may re-apply for registered website name registration. During the re-application period, the time for trial operation of the website, and the time for website name announcement, disputes, arbitration22 and approval shall be extended correspondingly.
The time of continuous trial operation of a business-related website shall not exceed one year.
PART THREEAMENDMENT23, ASSIGNMENT AND ANNUAL INSPECTION24 OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES
Article 21If a change occurs in the recorded particulars of a business-related website, the website owner shall apply for amendment thereof to the Record-filing Authority.
Changes in website names shall be handled in accordance with the relevant provisions of the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures.
Article 22Where a business-related website is assigned, the assignor shall apply for de-registration and submit the assignment agreement between the two parties to the assignment.
Following approval by the Record-filing Authority, the assignor will lose the corresponding right to engage in online business and the proprietary rights to the registered website name, and the Record-filing Authority will recover the assignor's Website Name Registration Certificate and Business-related Website Record-filing Certificate.
Article 23The assignee shall apply for record-filing to the Record-filing Authority in accordance with these Procedures. After granting approval, the Record-filing Authority will issue a Website Name Registration Certificate and a Business-related Website Record-filing Certificate, and make an announcement.
Article 24After having obtained a Business-related Website Record-filing Certificate, the business-related website owner shall each year apply to the Record-filing Authority for annual inspection. If a change has occurred in the recorded particulars, it/he shall simultaneously25 apply to the Record-filing Authority for amendment.
PART FOURCANCELLATION26 OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES
Article 25If a website owner ceases to operate its/his website because it/he has gone out of business, been closed down or been declared bankrupt, or for another reason, it/he shall carry out procedures for cancellation of record-filing with the Record-filing Authority.
Article 26To apply for cancellation of record-filing, the website owner shall submit a written application for cancellation of record-filing and other relevant supporting materials to the Record-filing Authority. After having approved the application, the Record-filing Authority will take back the website owner's Website Name Registration Certificate and Business-related Website Record-filing Certificate and cancel its/his Electronic Mark.
PART FIVESUPERVISION AND ADMINISTRATION OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES
Article 27If a website owner fails to operate its/his website within six months after obtaining its/his Business-related Website Record-filing Certificate or suspends the operation of its/his website for one year or more, the Record-filing Authority will take back its/his Website Name Registration Certificate and Business-related Website Record-filing Certificate and cancel its/his Electronic Mark.
Article 28Anyone who violates Article 10 or 11 hereof will be punished by the Record-filing Authority in accordance with relevant laws and regulations.
Article 29The Record-filing Authority may order rectification27 by the website owner and, in serious cases, revoke28 its/his Business-related Website Record-filing Certificate, cancel the Electronic Mark and make an announcement if a website owner:
1. conceals29 the true situation and practises fraud in the course of record-filing;
2. counterfeits30, alters, rents, lends or sells its/his Business-related Website Record-filing Certificate or assigns it without authorization31;
3. incorrectly installs the Electronic Mark and refuses to rectify32 the installation, or makes unauthorized alterations33 to the Electronic Mark;
4. fails to carry out procedures for cancellation of record-filing or procedures for annual inspection in accordance with regulations; or
5. uses a recorded website to engage in illegal business activities.
Article 30With respect to websites that were established prior to the promulgation hereof but for which no website record-filing procedures have been carried out, record-filing application shall be made to the Record-filing Authority within 60 days of the date of promulgation hereof. If application is not made within the prescribed time limit, the administration for industry and commerce will order rectification and, if the case is serious, investigate and handle the matter pursuant to the laws and regulations concerning the administration of industry and commerce.
Article 31If a website owner counterfeits the Electronic Mark, the administration for industry and commerce will investigate and handle the matter in accordance with relevant laws and regulations.
PART SIXSUPPLEMENTARY34 PROVISIONS
Article 32With respect to websites for which record-filing of online business has been carried out prior to the date of implementation35 of these Procedures, appropriate procedures shall be carried out retroactively in accordance with the relevant regulations posted on the Hong Dun 315 website.
Article 33The Beijing Municipal Administration for Industry and Commerce is responsible for interpreting these Procedures.
Article 34These Procedures shall be implemented36 from 1 September 2000.
At the same date, the Beijing Municipality, Record-filing of online Business Notice issued by the Beijing Municipal Administration for Industry and Commerce on 28 March 2000 and the Beijing Municipality, Record-filing of online Business Supplementary Notice issued by the Beijing Municipal Administration for Industry and Commerce on 18 May 2000 shall be repealed37.
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