Notice concerning Further Strengthening Management over Cultural and Artistic Programmes and Their Personnel
National Radio and Television Administration General Office
Guang Dian Ban Fa (2021) 267
All provincial, autonomous region and municipal radio and television bureaus, the Xinjiang Production-Construction Corps Culture, Sports, Radio, Television and Tourism Bureau, the Central Radio and Television Station Office, the Film Channel Programme Centre, the China Education Television Station:
In recent years, radio, television and online audiovisual cultural and artistic programmes have stressed quality, stressed style and stressed responsibility, and resisted vulgar, lowbrow and base tastes, incessantly pushed out excellent works, satisfying the popular masses’ spiritual and cultural needs. In order to further strengthen management, strictly deal with problems that artists violate the law and leave virtue behind, the “fan circle” mess, etc., and to establish a sectoral atmosphere of love for the Party and love for the country with all flags flying, of high virtue and noble art, hereby, the relevant matters are notified as follows:
I, Persisting in resisting unlawful and unvirtuous personnel. Radio and television bodies and online audiovisual platforms must strictly keep the gate in terms of programme actors and guest choices, and persist in making political quality, virtuous character, artistic levels and social evaluation as criteria for choice. Personnel with an incorrect political standpoint, who have dissension and discord with the Party and the country is resolutely not to be selected; personnel who violate laws and regulations and smash society’s baseline of fairness and justice is resolutely not to be selected; personnel who violate public order and fine customs, and whose acts and conduct are without virtue or norms is resolutely not to be selected.
II, Persisting in opposing the only-ratings-theory. Radio and television bodies and online audiovisual platforms may not broadcast idol cultivation-type programmes, they may not broadcast comprehensive arts, entertainment and reality shows where stars’ sons and daughters participate. Talent-type shows must strictly control the setup of the voting segment, they may not set up segments and channels outside of the venue for voting, ranking, reinforcement, etc., it is strictly prohibited to guide or encourage fans to covertly spend money to vote by materialized methods such as purchasing goods, pledging memberships, etc, and the harmful “fan circle” culture is to be resolutely resisted.
III, Persisting in resisting excessive entertainmentization. Persist in cultural self-confidence, forcefully hold high China’s excellent traditional culture, revolutionary culture and advanced Socialist culture. Establish a correct aesthetic orientation for programmes, strictly grasp actor and guest choice, acting styles, dress and make-up, etc, resolutely resist “sissies” and other such abnormal aesthetics. Resolutely resist excessive entertainmentization tendencies of playing up bragging about wealth and hedonism, rumours about sex scandals and personal lives, negative hot topics, vulgare “Internet celebrities”, anti-aesthetics without baselines, etc.
IV, Persisting in resisting high-value remuneration. Strictly implement remuneration regulations for actors and guest, strictly implement their remuneration management notification commitment system. Advocate and encourage actors and guests to bear social responsibility, and participate in public benefit-type programmes. Strictly punish violation of remuneration regulations, “yin-yang contracts”, and tax evasion activities.
Substantially strengthen employee management. Strictly implement that presenters must hold credentials to take up positions, standardize presenters’ participation in social activities and online information dissemination. Strengthen employees’ political quality training, deeply launch education on the Marxist view of news and view on culture and art, persist in the people’s standpoint from beginning to end, stick to the people’s mood. Perfect professional ethical norms, strengthen the construction of professional ethics, consciously resist the temptations of fame and wealth, professional identities and individual fame may not be used to seek improper gain, consciously accept social supervision, and be a model of social virtue and a builder of positive energy.
VI, Launching dedicated and authoritative culture and art criticism. Persist in the correct political orientation, public opinion orientation and value orientation, carry forward the true, the good and the beautiful, reject the false, the evil and the ugly, give full rein to the roles of values in guidance, spirits in leadership and aesthetic in enlightenment. Put social effect and social value first, unify profound thoughts, profound art and excellent production, and evaluate programmes strictly and objectively. Scientifically treat audience ratings, click ratings and other such quantified indicators, and strengthen the expansion and application of “China audiovisual big data”.
VII, Giving full rein to the role of sectoral organizations. Radio, television and online audiovisual sectoral associations and other such sectoral organizations must further perfect sectoral standards and self-discipline conventions, vigorously launch moral appraisal. Strengthen education and training on ideology and politics, professional ethics, etc., establish regularized training mechanisms, optimize teaching content, strengthen case-based teaching, discuss the law through cases, and demonstrate the law through cases. Criticize harmful phenomena in the sectors and negative models with clear banners flying, resolutely oppose circle culture and sectoral corrupt customs, effect a thorough overhaul, and safeguard the benign atmosphere in the sector.
VIII, Substantially implement management duties and responsibilities. Administrative radio and television departments must raise their political stance, earnestly implement ideology work responsibility systems, further compact and substantiate local management responsibilities, competence and supervision responsibilities and dominant responsibilities, guard the culture and art programme orientation gate, content gate, personnel gate, remuneration gate and propaganda gate well. We must pay high regard to listening to the calls of the popular masses, vigorously respond to the concerns of the popular masses, resolutely say “no” to law-breaking and immorality, playing up stars, excessive entertainmentization, “supremacy of ratings” etc., and let the main melody and positive energy fill the radio, television and online audiovisual space to the brim.
It is hereby notified
National Radio and Television Administration General Office
2 September 2021
Internet Public User Account Information Service Management Regulations (Revision Draft – Opinion-seeking Version)
Chapter I: General provisions
Article 1: These Regulations are formulated in order to standardize Internet public account information services, safeguard national security and the public interest, and protect the lawful interests of citizens, legal persons and other organizations, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “Internet Information Service Management Rules”, the “Online Information Content Ecology Governance Regulations” and other such laws, regulations and relevant State provisions.
Article 2: These Regulations apply to the provision and conduct of Internet public account information services within the territory of the People’s Republic of China.
Internet public accounts as mentioned in these Regulations, refers to online accounts of Internet users registered and operated on Internet sites, application software and other such online platforms, to produce and disseminate written, pictorial, audiovisual and other such information content to the social public.
public account platform as mentioned in these Regulations, refers to online information service providers providing public account registration and operation, information content dissemination and technical protection services to Internet users.
Public account producers and operators as mentioned in these Regulations, refers to natural persons, legal persons and non-legal person organizations registering and operating public accounts and engaging in content dissemination.
Article 3: The national cybersecurity and informatization department is responsible for Internet public account information service supervision, management and law enforcement work nationwide. Local cybersecurity and informatization departments are, according to their duties and responsibilities, responsible for Internet public account information service supervision, management and law enforcement work within their administrative areas.
Article 4: Public service information service platforms and public account producers and operators shall abide by laws and regulations, fulfil social responsibilities and moral responsibilities, uphold the correct public opinion orientation and value orientation, carry forward the Socialist core value view, produce and disseminate healthy and upward, true and objective excellent information content, create a crisp and bright cyberspace, and stimulate progress of society and civilization.
All levels’ Party and government bodies, enterprise and undertaking work units, and people’s organizations are encouraged to register and operate public accounts, produce and disseminate high-quality government affairs information or public service information, satisfying public information demand, and promoting economic and social development.
Public service information service platforms are encouraged to vigorously enhance government affairs information publication, public service and social government levels for Party and government bodies, enterprise and undertaking work units, and people’s organizations, provide full and necessary technical support and security protection.
Article 5: Public account information service platforms providing Internet public account information services, shall obtain corresponding qualifications as provided in national laws and regulations.
Public service information service platforms and public account producers and operators shall obtain an Internet news information service licence to provide Internet news information services to the social public.
Chapter II: Public service information service platforms
Article 6: Public service information service platforms shall bear dominant responsibility for information content and public account management, allocate management personnel and technical capabilities suited to the business scale, appoint persons to position responsible for content security, establish, complete and strictly implement management structures for account registration, content examination and verification, information inspection, ecological governance, emergency response, cybersecurity, data security, personal information protection, copyright protection, credit evaluation, etc., and uphold the security of the platform’s information content and public accounts, and the security of data and personal information.
Public service information service platforms shall, on the basis of relevant laws and regulations and relevant State provisions, formulate and publish management norms and platform conventions for information content production, public account operations, etc., and conclude service agreements with public account producers and operators, clarifying both sides’ content dissemination limitations, account management responsibilities and other such rights and obligations.
Article 7: Public service information service platforms shall, according to relevant national standards and norms, establish categorized public account registration and categorized production structures, implement categorized management, and file the matter with the provincial, autonomous region or municipal cybersecurity and informatization department of the locality of the public account.
Public service information service platforms shall, on the basis of indicators and dimensions such as an account’s information content quality, the credit evaluation of the account’s subject, etc., establish tiered management structures, and implement tiered account management.
Public service information service platforms formulating content production and account operations management norms, platform conventions and other such important structures and measures shall file them with the local provincial, autonomous region or municipal cybersecurity and informatization department; when bringing related new technologies, new applications or new functions online, they shall conduct a security assessment according to relevant regulations.
Article 8: Public service information service platforms shall adopt measures such as composite verification, etc., to conduct real identity information authentication of Internet users applying to register for a public account, based on mobile telephone number, resident identity card number or unified social credit code and other such methods, and raise the accuracy of authentication. Where users do not provide real identity information, or improperly use real identity information of organizations, bodies or other persons to conduct a false registration, no related service may be provided to them.
Public service information service platforms shall conduct inspection of the legal and regulatory compliance of public account names, portraits, bios, etc. of public accounts registered by Internet users, where they discover an account name, portrait or bio does not conform to the subject’s real identity information, and especially where they use or link to Party or government bodies, enterprise and undertaking work units and other such organizations and bodies or well-known social personalities without authorization, as well as where the corresponding registration information contains unlawful or harmful information, they shall suspend the provision of services and notify the user to correct matters within a limited time, where these refuse to correct the matter, the provision of services shall be terminated.
Public service information service platforms shall prohibit public accounts closed according to the law or to the convention to re-register under a similar name; where an account name with a high degree of connectedness to them is registered, the real identity information, service qualifications, etc. of the account subject shall also be subject to necessary checks.
Article 9: Public service information service platforms shall require public accounts applying to register and engage in the production of information content in areas such as economics, education, health, judicial affairs, etc., require users to provide their specialized background at the time of registration, as well as corresponding materials to prove professional qualifications or service qualifications they have acquired according to laws and administrative regulations, and conduct the necessary checks.
Public service information service platforms shall add a special symbol to public accounts after they are checked and passed, and according to the different subject nature of the user, externally announce content production categories, the name of operating subjects, the registered business address, uniform social credit code, contact method and other such registration information, to facilitate social supervision and inspection.
Public service information service platforms shall establish dynamic checking and inspection structures, and at suitable times check the veracity and validity of registration information of producers and operators.
Article 10: Public service information service platforms shall set reasonable upper limits to the number of registered public accounts of the same subject on their platform. Where users apply to register for multiple public accounts, their subject nature, service qualifications, business scope, credit evaluation etc. shall also be checked.
Public service information service platforms may, on the basis of the service agreement suspend or terminate provision of services to public accounts who have not logged on or have been used for over six months after the Internet user registered.
Public service information service platforms shall complete technical measures to prevent and deal with unlawful registration acts by Internet users such as registration in excess of quota, malicious registration, false registration, etc.
Article 11: Public service information service platforms shall, according to the law and the convention, prohibit public account producers and operators to transfer, lend or illegally trade, sell or buy public accounts in violation of regulations.
Where public account producers and operators transfer or donate public account use rights to other users, they shall put forward an application with the platform. The platform shall, on the basis of the provisions in the previous Paragraph, authenticate and check the user on the receiving side, and publish the subject change information. Where the platform discovers a producer or operator has transferred a public account without inspection or authorization, it shall timely suspend or terminate the provision of services.
Public account producers and operators voluntarily terminating account operations may apply with the platform for suspension or termination of use. The platform shall suspend or terminate the provision of services according to the service agreement.
Article 12: Public service information service platforms shall establish public account supervision and assessment mechanisms, and prevent acts of falsification of account subscriptions, user following numbers, content click rates, repost or comment quantities and other such data.
Public service information service platforms shall standardize public account recommendation, subscription and following mechanisms, and complete technological measures to timely discover and deal with unusual changing circumstances in account subscription and following numbers. Without the knowledge and agreement of the Internet user, subscription and following of other users’ public accounts may not be forced.
Article 13: Public service information service platforms shall establish tiered credit management systems, and provide corresponding services on the basis of credit tiers.
Public service information service platforms shall establish and complete mechanisms to warn for, discover, trace, refute, delete and in other ways deal with online rumours and other such false information, and reduce the credit tier or blacklist public account producers and operators who produced and disseminated rumours and other such false information.
Article 14: Public service information service platforms shall, when conducting content supply and account recommendation cooperation with producers and users, standardize commercial activities such as management of advertising and operations, knowledge payment, e-commerce sales, user gratuities, etc., they may not disseminate false advertising, conduct exaggerated propaganda, commit commercial fraud, etc., preventing operations violating laws and regulations.
Public service information service platforms shall strengthen copyright protection of originally produced information content, preventing acts of piracy and infringement. Platforms may not abuse their advantaged position to interfere in the lawful and compliant operations of producers and operators, or infringe users’ lawful rights and interests.
Chapter III: Public account information producers and operators.
Article 15: Public account information producers and operators shall, on the basis of categorized platform management norms, at the time of registering the public account, accurately fill out user’s subject nature, registered location, business location, content production category, contact method and other such basic information, enterprises, organizations, bodies and other such Internet users shall also indicate their main activity or business scope.
Public account producers shall aide by platform management norms, platform conventions and service agreements, and engage in information content production and dissemination in the relevant sectoral area on the basis of the registered content production category indicated at the time of public account registration.
Article 16: Public account producers and operators shall bear dominant responsibility for information content production and public account operations and management, and engage in information content production and account operations and activities according to laws and regulations.
Public account producers and operators shall establish and complete information content security examination and verification mechanism for the entire process of topic planning, editing and production, dissemination and popularization, interactive comments, etc., strengthen gatekeeping over information content’s orientation, veracity and legality, and maintain a benign order in online communication.
Public account information producers and operators shall establish and complete security management mechanisms for the entire process of public account registration and use, operations and popularization, etc., manage and operate the account in a civilized, rational and standardized manner, attract the public’s attention, subscription, interaction and sharing with high-quality information content, and maintain a benign social image of the account.
Article 17: Public account producers and operators shall, when reposting information content originally created by other persons, abide by copyright protection-related laws and regulations, indicate the original creator and a traceable information source, and respect and protect the lawful rights and interests of copyright holders.
Public account producers and operators shall manage messages, posts, comments and other such interactive segments on their account. Platforms may, on the basis of the subject nature and credit tier of the public account, rationally set up management limits, and provide corresponding technological support.
Where public account producers and operators conduct account operations, content provision and other such cooperation with third-party bodies , both sides shall conduct checks and gatekeeping of the account’s operations and activities, supplied information content, etc.
Article 18: Public account producers and operators may not commit the following acts in violation of laws and regulations:
(1) Not registering with real identity information, or registering with a public account name, portrait, bio, etc. that is not conform with one’s own real identity information;
(2) Maliciously posing as, imitating or misappropriating the public account of an organization, body or other person to produce and disseminate information content;
(3) Providing Internet news information gathering, dissemination and other such services without a licence or in excess of a licence’s scope;
(4) Manipulatively using accounts on multiple platforms, to publish batches of homogenous information content, generating false flow data, and creating false public opinion hot spots;
(5) Using sudden public incidents to incite extreme emotions and acts, or commit online violence harming the reputation of other persons and organizations, influencing social harmony and stability;
(6) Fabricating false information, counterfeiting originally-created content, quoting or concocting untrue information sources, distorting facts and truths, misleading the social public;
(7) Using paid dissemination and deletion of information and other such methods to commit illegal online surveillance, marketing frauds, extortion and blackmail, in pursuit of improper gain;
(8) Registering in batches, hoarding or illegally trading, buying and selling public accounts;
(9) Producing, reproducing or disseminating unlawful information, or not adopting measures to prevent and resist the production, reproduction or dissemination of harmful information;
(10) Other acts prohibited in laws and administrative regulations.
Chapter IV: Supervision and management
Article 19: Public service information service platforms shall strengthen supervision and management of public service information service activities, and timely discover and deal with information or activities violating laws and regulations.
Public service information service platforms shall, on the basis of service agreements and platform conventions, adopt measures to deal with public accounts violating these regulations and relegated laws and regulations including warnings and alerts, limiting account functions, suspending content renewal, ceasing advertising dissemination, closing or cancelling accounts, blacklisting, termination of re-registration, etc., preserve relevant records, and timely report the matter to cybersecurity and informatization and other such relevant competent department.
Article 20: Public service information service platforms and producers and operators shall consciously accept social supervision.
Public service information service platforms shall set up eye-catching and convenient reporting interfaces, publish appeals, complaints and reporting methods and other such information, complete reporting information acceptance, screening, handling and feed-back mechanisms, clarify handling workflows and feed-back time limits, and timely and effectively deal with complaints by producers and operators, and complaints and reports from the public.
Internet sectoral organizations are encouraged to conduct public appraisal, promote strict self-discipline of public service information service platforms and producers and operators, establish authoritative mediation mechanisms with participation from multiple sides, fairly and relationally resolve sectoral disputes, and safeguard users’ lawful rights and interests according to the law.
Article 21: All levels’ cybersecurity and informatization departments will establish and complete coordinated supervision and management work mechanisms together with relevant competent departments, to supervise and guide public service information service platforms and producers and operators to conduct related information service activities according to laws and regulations.
Public service information service platforms and producers and operators shall cooperate with relevant competent departments’ lawful conduct of supervision and inspection, and provide the necessary technical support and assistance.
Where public service information service platforms and producers and operators violate these Regulations, cybersecurity and informatization departments and relevant competent departments will impose punishment according to relevant laws and regulations within their scope of duties and responsibilities.
Article 22: These Regulations take effect on (day, month) 2020.
第二十二条 本规定自2020年 月 日起施行。
Determination Rules on Acts of Collecting and Using Personal Information in Violation of Rules and Regulations in Apps
Notice concerning Issuance of the “Determination Rules on Acts of Collecting and Using Personal Information in Violation of Rules and Regulations in Apps”
All provincial, autonomous region, municipal and the Xinjiang Production-Construction Corps cybersecurity and informatization offices, telecommunications management bureaus, public security offices (bureaus), market supervision and management bureaus (offices, committees):
On the basis of the “Announcement concerning a Special Campaign on Collection and Use of Personal Information in Violation of Rules and Regulations in Apps”, in order to provide reference for the determination of acts of collecting and using personal information in violations of rules and regulations in apps, implement laws and regulations such as the “Cybersecurity Law”, etc., the Cyberspace Administration of China, Ministry of Industry and Information Technology, Ministry of Public Security, and State Administration of Market Regulation have jointly formulated the “Determination Rules on Acts of Collecting and Using Personal Information in Violation of Rules and Regulations in Apps”. These are hereby issued to you, please refer to and implement them in integration with supervision, management and law enforcement work realities.
Cyberspace Administration of China Secretariat
Ministry of Industry and Information Technology General Office
Ministry of Public Security General Office
State Administration for Market Regulation General Office
28 November 2019
Determination Rules on Acts of Collecting and Using Personal Information in Violation of Rules and Regulations in Apps
On the basis of the “Announcement concerning a Special Campaign on Collection and Use of Personal Information in Violation of Rules and Regulations in Apps”, in order to provide reference for the determination of acts of collecting and using personal information in violations of rules and regulations in apps, provide guidance for app operators’ self-inspection and self-rectification as well as netizens’ social supervision, and implement laws and regulations such as the “Cybersecurity Law”, these Rules are formulated.
I, The following acts may be determined as “not publishing collection and use norms”
2. When using the app for the first time, users are not prompted to read privacy policies and other such norms on collection and use through a pop-up window and other such clear methods
II, The following acts may be determined as “not indicating the objective, method and scope of collecting and using personal information”
1. Not listing the objective, method and scope of personal information collection and use in the app (including entrusted third parties or embedded third-party code and plug-ins) one by one;
3. When requesting to activate authorization of collectable personal information, or requesting to collect users’ identity card number, bank account number, geographical tracking and other such sensitive personal information, not simultaneously notifying the user about its objective, or having an unclear or difficult to understand objective.
4. Content related to collection and use norms is obscure and difficult to understand, verbose and overly detailed, which is difficult for users to understand, for instance using large amounts of specialist jargon, etc.
III, The following acts may be determined as “collecting and using personal information without users’ consent”
1. Beginning to collect personal information or activating authorizations for collectable information before obtaining users’ consent;
2. After users clearly indicate they do not consent, still collecting personal information or activating up collectable personal information authorizations, or frequently obtaining users’ consent, interfering with users’ regular use;
3. Actually collecting personal information or activating collectable personal information authorizations in excess of the scope of user authorization;
4. Obtaining users’ consent by way of implicit agreement to privacy policies and other non-explicit methods;
5. Altering the status of collectable personal information authorizations they have set up without users’ consent, for instance automatically restoring user-set up authorization to implicit approval status when updating an app;
6. Using users’ personal information and algorithms to direct push delivery information, without providing an option for non-targeted push delivery information;
7. Misleading users through fraudulent, swindling and other such improper methods into consenting to personal information collection or the activation of collectable personal information authorizations, for instance wilfully hoodwinking or covering up the true objective for the collection of users’ personal information;
8. Not providing users with a way and method to revoke consent for personal information collection;
9. Collecting users’ personal information in violation of the announced collection and use norms.
IV, The following acts may be determined as “collecting personal information in violation of the principle of necessity, that is not related to the provided service”
1. Collected categories of personal information or activated collectable personal information authorizations are not related to the existing business functions;
2. Refusing to provide business functions because users do not consent to the collection of unnecessary personal information or the activation of unnecessary authorizations;
3. Requesting the collection of personal information in excess of the scope the user originally consented to when adding new business functions to the app, refusing to provide the original business functions if the user does not agree, except where the newly added business function supersedes the original business function;
4. The frequency of personal information collection exceeds the actual needs of business functions;
5. Obliging he user to consent to personal information collection for only the purpose of improving of service quality, enhancing user experience, targeting push delivery information, researching and developing new products, etc.,
6. Requiring users to consent once to activating multiple collectable personal information authorizations, where use is impossible if users do not consent.
V, The following acts may be determined as “providing personal information to others without consent”
1. Providing personal information directly from the app customer end to third parties both without user content, and without anonymized processing, including providing personal information to third parties through methods such as embedding third-party code or plug-in components at the customer end, etc.;
2. Providing collected personal information to third parties after data is transmitted to the app’s back-end servers both without user content, and without anonymized processing;
3. Even if functions are provided to correct and delete personal information and cancel user accounts, not timely responding to user’s corresponding operations, requiring manual processing, not completing examination and processing within the committed time limits (the committed time limit may not exceed 15 working days, where there is not committed time limit, 15 working days are taken as limit);
4. Where the executing of correction or deletion of personal information, the cancellation of user accounts and other such user operations has been completed, but it is not completed at the app back-end;
5. Not establishing and publishing personal information security complaints and reporting channels, or not accepting and processing matters within the committed time limits (the committed time limit may not exceed 15 working days, where there is not committed time limit, 15 working days are taken as limit).
This suggestion draft is one of the outcomes of the National Social Science Fund Major Project “Important Legislative Questions for Internet Security” (14ZDC021) at Renmin University of China Law School, of which Professor Zhang Xinbao is lead expert, its objective is to provide reference for legislation, its authors are Zhang Xinbao and Ge Xin. On deficiencies in the suggestion draft, the submission of valuable opinions and suggestions is welcomed, to be sent to email@example.com. After further revision and perfection, the suggestion draft and statement of grounds for legislation will be published in the near future by Renmin University of China Press, further attention is respectfully invited. Read the rest of this entry »
Management Rules for Credit Information of Gravely Untrustworthy Subjects in Internet Information Services (Opinion-seeking Draft)
Article 1: In order to stimulate the construction of credit in the Internet information services area, ensure the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “Planning Outline for the Construction of a Social Credit System”, the “State Council Guiding Opinions concerning Establishment and Perfection of Joint Incentive Structures for the Trustworthy and Joint Punishment Structures for the Untrustworthy, and Accelerating the Advance of Social Credit Construction”, the “State Council General Office Guiding Opinions concerning Accelerating the Advance of Social Credit System Construction and Building Novel Management Mechanisms Based on Credit” and the “State Council Notice concerning Authorizing the Cyberspace Administration of China to Take Responsibility for Internet Information Content Management Work”, these Rules are formulated. Read the rest of this entry »
State Council General Office Guiding Opinions concerning Accelerating the Advance of Social Credit System Construction and Building Credit-Based Novel Supervision and Management Mechanisms
GBF No. (2019)35
All provincial, autonomous region and municipal People’s Governments, all State Council Ministries and Commissions, all directly subordinate bodies:
In order to strengthen the construction of the social credit system, deeply advance the “release, management and service” reform, further give rein to the fundamental role of credit in innovating supervision and management mechanisms, raising supervision and management capacities and levels, even better incite the vigour of market subjects, and promote high-quality development, with the agreement of the State Council, the following Opinions are hereby put forward.
I, General requirements.
With Xi Jinping Thought on Socialism with Chinese characteristics for a new era as guidance, deeply implement the spirit of the 19th Party Committee and its 2nd and 3rd Plenums, according to the basic principles of acting according to laws and regulations, reform and innovation, coordinated and joint governance, with strengthening credit supervision and management as rallying points, innovate supervision and management concepts, supervision and management structures, and supervision and management methods, establish and complete novel supervision and management methods running throughout the whole lifecycle of market subjects, connecting supervision and management links ex ante, ad interim and ex post, incessantly enhance supervision and management capabilities and levels, further standardize market order, optimize the commercial environment, and promote high-quality development.
II, Innovating credit supervision and management in the ex-ante link
(1) Establishing and completing credit commitment structures. When handling administrative licencing affairs using credit commitment structures, where applicants’ commitments conform to approval conditions and they have submitted the relevant materials, this shall be handled immediately. Where applicants’ credit situation is relatively good, and a part of the application materials is incomplete but they commit in writing to provide this within the provided time period, they shall be accepted with priority, and the handling process is to be accelerated. The circumstances of honouring written commitments will be entered into credit records, to act as an important basis for ad interim and ex post supervision and management, applicants not honouring them will be subject to punishment in view of the circumstances. We must accelerate combing through administrative licensing items amenable to the introduction of credit commitments, formulate credit commitment letters with standardized templates, and rely on all levels’ credit portal websites to publish them. Market subjects are encouraged to actively issue credit commitments to society. Sectoral associations and chambers of commerce are supported in the establishment and completion of intra-sector credit commitment structures, strengthening sectoral self-discipline. (All localities and all departments are respectively responsible according to their duties)
(2) Exploring the introduction of business people’s pre-access sincerity education. Fully utilized all levels’ and all categories’ government service windows, to broadly launch education on legal compliance and sincerity among market subjects. When handling work related to registration, examination and approval, filing, etc. for market subjects, timely introduce standardized, regularized and convenient legal knowledge and credit knowledge education, raising business people’s consciousness on doing business according to the law and sincerely. The launch of credit education must not be fee-paying, and must also not be a necessary condition for market access. (All localities and all departments are respectively responsible according to their duties)
(3) Vigorously expand credit reporting applications. All kinds of market subjects are encouraged to more broadly and actively use credit reports in their production and commercial activities. In processes such as government procurement, tendering and bidding, administrative examination and approval, market access, credential verification, etc., fully give rein to the role of credit reports issues by public credit service bodies and third-party credit service bodies. Explore the establishment of nationwide uniform credit report standards, promote cross-regional mutual recognition of credit report results. (NDRC, PBoC take the lead, all localities and all departments are respectively responsible according to their duties)
III, Strengthening credit supervision and management in the ad interim segment
(4) Comprehensively establish market subject credit records. Establish credit information collection catalogues on the basis of lists of powers and responsibilities, timely, accurately and comprehensively record market subjects’ credit activities in the process of handing registration, qualification verification, daily supervision and management, public service, etc., especially file and record untrustworthiness records, ensure that these can be consulted, verified and traced. ((All localities and all departments are respectively responsible according to their duties). Perfect uniform social credit code structures for legal persons and non-legal person organizations, use the uniform social credit code as a marker to integrate and shape integrated market subject credit records, and publish these according to laws and regulations through channels such as the “Credit China” website, he national enterprise credit information publication system or the China governmental web, as well as other related portal websites. Complete the 12315 market supervision and management complaint reporting hotline and informatized platform integration work, forcefully launch consumer complaints publication, stimulate businesspeople to implement their leading responsibility for consumer rights defence. (NDRC takes the lead, all departments are respectively responsible according to their duties).
(5) Establishing and completing voluntary credit information registration mechanisms. Encourage market subjects to voluntarily register credit information on qualifications and licences, market operations, contract fulfilment, social welfare, etc. on the “Credit China” website or other channels, to make public credit commitments concerning the veracity of the information, authorize the website to integrate, share and apply corresponding information. Verified voluntarily registered information may be an important basis to conduct credit evaluation and generate credit reports. (NDRC takes the lead, all departments are respectively responsible according to their duties.
(6) Deeply conducting comprehensive credit evaluation. The nationwide credit information sharing platforms must strengthen coordination and cooperation with relevant departments, integrate all kinds of credit information according to laws and regulations, conduct full-coverage, standardized, and public interest-type comprehensive public credit evaluation of market subjects, regularly report evaluation results to corresponding government department, financial bodies, sectoral associations and chambers of commerce for reference and use, and publish them to society according to relevant regulations. Promote relevant departments’ use of comprehensive public credit evaluation results, integrate departmental and sectoral management data, establish sectoral credit evaluation models, and provide ever more accurate bases for credit supervision and management. (NDRC takes the lead, all departments are respectively responsible according to their duties)
(7) Forcefully advancing tiered and categorized credit supervision and management. Divide supervision and management across tiers and categories on the basis of fully grasping credit information, and comprehensively deliberating the situation of credit, and on the basis of comprehensive public credit evaluation results and sectoral credit evaluation results, etc., and adopt differentiated supervision and management measures based on the height of the credit tier. “Double random and one public” supervision and management must be integrated with credit tiers, the proportion and frequency of spot checks may be reasonably lowered for market subjects with relatively good credit and relatively low risk, reducing influence to their regular production and operations; for market subjects with ordinary credit risks, spot checks are conducted with conventional proportions and frequencies; for law-breaking, untrustworthy, and relatively high-risk market subjects the proportion and frequency of spot checks will be appropriately increased, implementing strict management and punishment according to laws and regulations. (All localities and all departments are respectively responsible according to their duties)
IV, Perfecting credit supervision and management in the ex-post segment
(8) Completing determination mechanisms for the counterparts for joint punishment for trust-breaking. Relevant departments will establish and complete name list systems for the counterparts of joint punishment for trustworthiness according to laws and regulations, on the basis of untrustworthiness records obtained and determined during the ex ante and interim supervision and management segments. Market subjects with unlawful and untrustworthy acts of a malicious nature, with grave circumstances and relatively large social harm will be listed on the name list for joint punishment counterparts for untrustworthy acts according to procedure and on the basis of corresponding judicial verdicts, administrative punishments, administrative coercive measures, etc. Accelerate the perfection of relevant management rules, clarify determination bases, standards, procedures, dissent appeals and withdrawal mechanisms. For the formulation of management rules, the opinions from the social public must be fully solicited, and published standards and their concrete determination procedures will be made published to society in an appropriate manner. Relevant departments will be supported to establish name list systems for focus attention targets on the basis of requirement, for market subjects where untrustworthy acts exist but the degree of gravity has not reached the determination standard for joint punishment of untrustworthiness, it is permitted to implement strict supervision measures corresponding to the degree of their untrustworthiness. (All departments are respectively responsible according to their duties)
(9) Supervising rectification of untrustworthy market subjects within a limited time. Untrustworthy market subjects shall earnestly rectify matters within the provided time limits; where the rectification is insufficient, the determining department will initiate procedures for prompting talks or warning talks according to laws and regulations, according to the principle of “who determines, has the talk”, and supervise untrustworthy market subjects’ fulfilment of related duties and deletion of the harmful influence. Talk records are included into the credit record of the untrustworthy market subject, and are entered into the national credit information sharing platform after uniform collection. Forcefully advance special campaigns on untrustworthiness issues in focus areas, and adopt powerful and effective measures to accelerate the progress of rectification. (All departments are respectively responsible according to their duties)
(10) Deeply conducting joint punishment for untrustworthiness. Accelerate the construction of cross-regional, cross-sectoral, and cross-area joint punishment mechanisms for untrustworthiness, and resolve the problem that untrustworthy acts emerge repeatedly, or emerge in other areas at the roots. Establish joint punishment measure lists according to laws and regulations, dynamically renew them and publish them to society, and create a large structure for joint punishment for untrustworthiness with multi-barrelled roles for administrative, market and sectoral punishment measures, and broad participation from social forces. Focus on implementing punishment measures for untrustworthiness with great punitive strength and good supervision and management effects, including constraining targets of joint punishment for untrustworthiness according to laws and regulations from issuing shares, tendering and bidding, applying for funding projects from the finance administration, enjoying fiscal preferences and other such administrative punishment measures, restrict them from obtaining credit lines, traveling on aircraft, traveling on high-grade trains and seats and other such market punishment measures, as well as reporting for criticism, public denunciation and other such administrative punishment measures. (NDRC takes the lead, all localities and all departments are respectively responsible according to their responsibilities)
(11) Determinedly implementing market and sector ban mechanisms according to laws and regulations. Implement strict supervision and management, and strengthen punishment with the focus on food and drug products, ecology and the environment, engineering quality, safe production, care for the elderly and children, urban operational security and other such areas directly connected with the security of the popular masses’ lives and assets. Firmly implement market and sectoral ban measures within a certain time period according to laws and regulations, even up to permanent expulsion from markets, against market subjects and their relevant responsible persons who refuse to implement a judicial verdict or an administrative punishment decision, do not improve after repeated violations, resulting in major losses. (NDRC takes the lead, all localities and all departments are respectively responsible according to their duties)
(12) Lawfully investigate liability for law-breaking and untrustworthiness. Establish and complete liability investigation mechanisms, impose untrustworthiness punishment against the legal representative or main responsible persons and actual controlling persons of market subjects listed on the joint punishment target list for untrustworthiness according to laws and regulations, and enter corresponding untrustworthy act on their personal credit record. Where unlawful or untrustworthy conduct occurs in organize undertaking work units or State-owned enterprises, it must be reported to the higher-level competent work unit and auditing department; where unlawful or trust-breaking conduct occurs among work personnel, they must be reported to their work unit and the related discipline inspection, supervision, organization and personnel departments. (All localities and all departments are respectively responsible according to their duties)
(13) Exploring the establishment of credit recovery mechanisms. Where untrustworthy market subjects correct the untrustworthy act and eliminate harmful influence within the provided time limit, they may conduct credit recovery through methods such as issuing credit commitments, completing credit rectification, passing credit inspections, accepting specialized training, submitting credit reports, participating in public interest and charity activities, etc. After recovery is completed, all localities and all departments must timely cease the publication of their untrustworthiness reports according to procedure, and terminate the implementation of joint punishment measures. Accelerate the establishment and perfection of mechanisms for coordination and joint action, handling all affairs through one network, and provide high-efficiency and convenient credit recovery services to untrustworthy market subjects. Third-party credit service bodies meeting conditions are encouraged to provide credit reports, credit management consulting and other such services. (NDRC takes the lead, all localities and all departments are respectively responsible according to their duties)
V, Strengthening support and safeguards for credit supervision and management
(14) Striving to enhance credit supervision and management informatization construction levels. Give full rein to the information collection and sharing role of the nationwide credit information sharing platform and the national “Internet Plus Supervision and Management” system, ensure that government departments’ credit information “is fully collected where it shall be collected”, enhance the interconnection and interaction of local credit information platforms and sectoral credit information systems, create smooth government and enterprise data circulation mechanisms, create “one network” completely covering credit information of all localities, all departments and all kinds of market subjects. Rely on the national credit information sharing platform and the national “Internet Plus Supervision and Management” system to share basic market subject information, law enforcement supervision, management and punishment information, untrustworthiness joint punishment information etc. with related departmental operations systems according to requirement, add applications in the process of credit supervision and management and other such processes, support the creation of a credit supervision and management coordination mechanism with synchronized data, uniform measures and consistent standards. (NDRC and State Council General Office take the lead, all localities and all departments are respectively responsible according to their duties)
(15) Forcefully advancing credit supervision and management information openness and publication. On the basis of integrated publication of administrative licensing and administrative punishment information, entrust the “Credit China” website, the Chinese government network and other channels with further researching and promoting the open uploading of information on administrative obligations, administrative affirmations, administrative collection, administrative fees, administrative rulings, administrative compensation, administrative rewards, administrative supervision and inspection, and other such administrative acts within seven working days, promote the publication of information in judicial verdicts and law enforcement activities related to untrustworthy persons subject to enforcement and untrustworthy persons making false complaints of whom the information should be published, ensuring that “what shall be published, is fully published”. (All localities and all departments are respectively responsible according to their duties)
(16) Fully giving rein to the supporting role of “Internet Plus” and big data in credit supervision and management. Rely on the national “Internet Plus Supervision and Management” system and other such systems to effectively integrate public credit information, market credit information, complaints reporting information and related Internet and third-party information, fully use big data, artificial and other such new-generation information technologies to realize that credit supervision and management data can be compared, processes can be traced, and issues can be monitored. All localities and all departments are encouraged to, in integration with reality, cooperate with big data bodies according to laws and regulations to exploit credit information, grasp market subjects’ business situations and the characteristics of their laws in a timely and dynamic manner. Fully use the national “Internet Plus Supervision and Management” system and other such systems to establish early risk assessment and early warning mechanisms, to discover and prevent symptomatic, cross-sectoral and cross-regional risks early. Use big data to actively discover and distinguish clues for violations of laws and regulations, effectively prevent acts violating laws and regulations harming the public interests and the security of the masses’ lives and assets. It is encouraged to enhance law enforcement supervision and management efficiency through the Internet of Things, the Internet of Vision and other such non-contact supervision and management measures to enhance the efficiency of law enforcement, supervision and management, realize the standardization, accuratization and smartification of supervision and management, reduce human factors, realize fair supervision and management, stop problems such as wilful inspections, multi-headed supervision and inspection, etc., realize “entering the door once, inspecting multiple matters”, and reduce disturbance to supervision and management targets. (State Council General Office, NDRC, State Administration of Market Regulation take the lead, all departments are respectively responsible according to their duties.
(17) Realistically strengthening the protection of credit information security and market subjects’ rights and interests. Strictly investigate and prosecute acts where credit information is leaked or distorted in violation of regulations, or credit information is used in pursuit of private gain, etc. Strengthen the construction of basic credit information security infrastructure and security protection capabilities. Establish and complete credit information objection and complaint structures, information providing and collecting work units must as quickly as possible examine and verify information to which market subjects have raised an objection and feed back the results, information verified as containing errors must be timely corrected or deleted. Where market subjects’ lawful rights and interests were harmed after they were erroneously assigned to the untrustworthiness joint punishment target list, or untrustworthiness joint measures were erroneously adopted, relevant departments and work units must vigorously adopt measures to eliminate the harmful influence. (All localities and al departments are responsible on the basis of their duties)
(18) Vigorously guiding sectoral organizations and credit service bodies to coordinate supervision and management. Relevant department-authorized sectoral associations and chambers of commerce are supported to assist in the conduct of sectoral credit construction and credit supervision and management, sectoral associations and chambers of commerce are encouraged to establish member credit records, conduct credit commitments, credit training, sincerity propaganda, sincerity advocacy etc., make sincerity into an important component for sectoral rules and sectoral conventions, and guide their sectors in strengthening awareness about doing business lawfully and sincerely. Promote the development of information services for credit inquiry, credit grading, credit insurance, credit guarantees, contract fulfilment guarantees, credit management consulting and training, etc., and realistically let third-party credit service bodies play a specialized role in aspects such as credit information collection, processing, use, etc. Relevant departments are encouraged to launch cooperation’s with third-party credit service bodies in areas such as credit record integration, credit information sharing, credit big data analysis, credit risk early warning, examination and verification of cases of untrustworthiness, tracing and monitoring of untrustworthy activities, etc. (NDRC, Ministry of Civil Affairs, People’s Bank of China are respectively responsible according to their duties)
VI, Strengthening organization and implementation of credit supervision and management
(19) Strengthening organizational leadership. All localities and all departments must make building credit-based novel supervision and management mechanisms into an important measure in deeply advancing the “release, manage, serve” reform, put it in an ever more prominent position, strengthen organizational leadership, detail divisions of work and responsibilities, and promote implementation in a forceful, orderly and effective manner. Perfect supplementary structures to credit supervision and management, and strengthen links with other elements of “release, manage, serve” reform. Departments responsible for market supervision and management and sectoral supervision and management must realistically bear their dominant responsibility in sectoral credit construction and credit supervision and management, fully give rein to the roles of sectoral organizations and third-party credit service bodies, create beneficial conditions for public supervision, integrate and create joint forces for credit supervision and management with joint participation from all of society. (NDRCD takes the lead, all departments and all localities are respectively responsible according to their duties)
(20) Launching trials and demonstrations. Organize and launch credit construction and credit supervision and management trials and demonstrations revolving around credit commitments, credit recovery, untrustworthiness joint punishment, credit big data exploitation and use and other such focus work. On the basis of exploration and innovation in all localities and all departments, timely summarize, abstract and exchange good methods and good experiences in launching credit construction and credit supervision and management, and reproduce and broaden them on an ever greater scale (NDRC takes the lead, all localities and all departments are respectively responsible according to their duties)
(21) Accelerating the establishment of rules and structures. Promote the formulation of social credit system construction-related laws, accelerate the research and promulgation of public credit information management regulations, unified social credit code management rules and other such regulations. Establish and complete nationwide uniform credit supervision and management norms and standards, timely publish related local regulations, government rules and normative documents, and upgrade methods effective in credit supervision and management practice into structures and norms. Grasp the formulation of national standards urgently needed in credit supervision and management. (NDRC, Ministry of Justice take the lead, all localities and all departments are respectively responsible according to their duties)
(22) Conducting propaganda and explanation. All localities and all departments must, through all kinds of channels and methods, conduct policy propaganda and explanation work in a thorough and detailed manner for market subjects, to let businesspeople fully understand and vigorously cooperate with credit-based novel supervision and management measures. Strengthen guidance and training for grass-roots and first-line supervision and management personnel. Organize news media to report broadly, vigorously propagate credit supervision and management measures and their results, and create a benign social atmosphere. (NDRC takes the lead, all localities and all departments are respectively responsible according to their duties)
State Council General Office
9 July 2019
Ministry of Public Security of the People’s Republic of China Decree
The “Regulations on Internet Security Supervision and Inspection by Public Security Bodies” were passed at the Minister’s business meeting of the Ministry of Public Security on 5 September 2018, are hereby promulgated, and take effect on 1 November 2018.
Minister: Zhao Kezhi
15 September 2018
Regulations on Internet Security Supervision and Inspection by Public Security Bodies
Chapter I: General provisions
Article 1: These Regulations are formulated in order to standardize public security bodies’ Internet security supervision and inspection work, prevent online law-breaking and crime, safeguard cybersecurity, protect the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “People’s Police Law of the People’s Republic of China”, the “Cybersecurity Law of the People’s Republic of China” and other such laws and administrative regulations.
Article 2: These Regulations apply to public security bodies conducting security supervision and inspection of Internet service providers’ and network-using work units’ fulfilment of cybersecurity duties provided in laws and administrative regulations.
Article 3: Internet security supervision and inspection work is conducted by county-level or higher local People’s Government public security body cybersecurity protection departments.
Higher-level public security bodies shall implement guidance and supervision of lower levels’ public security bodies’ conduct of Internet security supervision and inspection work.
Article 4: Public security bodies conducting Internet security supervision and inspection shall abide by the policies of scientific management, ensuring and stimulating development, strictly abide by statutory powers and procedures, incessantly improve law enforcement methods, and comprehensively implement law enforcement responsibilities.
Article 5: Public security bodies and their work personnel shall strictly preserve the secrecy of personal information and privacy, commercial secrets and State secrets they learn in the process of fulfilling Internet security supervision and inspection duties and responsibilities, they may not leak this, sell it or illegally provide it to others.
Public security bodies and their work personnel can only use information they learn in the process of fulfilling Internet security supervision and inspection duties as required for maintaining cybersecurity, and may not use it for other purposes.
Article 6: Public security bodies shall timely notify relevant controlling departments and work units about cybersecurity risks they discover in the process of Internet security supervision and inspection work, which may harm national security, public security or social order.
Article 7: Public security bodies shall establish and implement rules for Internet security supervision and inspection work, and consciously accept supervision by inspection counterparts and the popular masses.
Chapter II: Supervision and inspection counterparts and content.
Article 8: Internet security supervision and inspection will be conducted by public security bodies of the locality of Internet service providers’ network service operations bodies and network using work units’ network management bodies. Where an Internet service provider is an individual, it may be implemented by the public security body of their regular place of residence.
Article 9: Public security bodies shall, on the basis of cybersecurity protection requirements and the concrete circumstances of cybersecurity risks and vulnerabilities, conduct supervision and inspection of the following Internet service providers and network-using work units.
(1) Those providing Internet access, Internet data centre, content distribution and domain name services;
(2) Those providing Internet information services;
(3) Those providing public network access services;
(4) Those providing other Internet services.
Focus supervision and inspection shall be conducted of those who have not conducted the services provided in the previous Paragraph for a full year, those where a cybersecurity incident, breach of law or crime occurred within two years, or those who have been subject to administrative punishment by a public security body for not fulfilling statutory cybersecurity duties.
Article 10: Public security bodies shall, on the basis of the actual circumstances of Internet service providers’ and network-using work units fulfilling their statutory cybersecurity duties, and according to relevant State regulations and standards, conduct supervision and inspection of the following content:
(1) Whether or not they have conducted network work unit filing formalities, and have reported the access work unit, basic user information and changes therein;
(2) Whether or not they have formulated and implemented cybersecurity management rules and operating rules, and appointed a person responsible for cybersecurity;
(3) Whether or not they have adopted technical measures to record and preserve user registration information and network use record information according to the law;
(4) Whether or not they have adopted technical measures to defend against computer viruses, cyberattacks, cyber intrusions, etc.;
(5) Whether or not they have adopted corresponding prevention measures against the publication or transmission of information prohibited in laws and administrative regulations according to the law in public information services;
(6) Whether or not they have provided technical support and assistance to public security bodies lawfully maintaining cybersecurity, preventing and investigating terror activities, or investigating crimes according to statutory provisions;
(7) Whether or not they have fulfilled cybersecurity multi-level protection duties as provided in laws and administrative regulations.
Article 11: Apart from the content listed in Article 10 of these Regulations, public security bodies shall also conduct supervision and inspection of the following content, on the basis of the category of provided Internet services:
(1) Where Internet access services are provided, supervising and inspecting whether they have recorded and preserved network address, allocation and use details;
(2) Where Internet data centre services are provided, supervising and inspecting whether they have recorded user information of the host entrustment, host rental and virtual space rental they provide;
(3) Where Internet domain name services are provided, supervising and inspecting whether they have recorded network domain name application and modification information, and whether or not they have adopted measures to deal with unlawful domain names according to the law.
(4) Where Internet information services are provided, supervising and inspecting whether they have adopted user-disseminated information management measures according to the law, whether or not they have adopted measures to deal with already published or transmitted information of which the dissemination or transmission is prohibited by laws and administrative regulations, and maintained related records;
(5) Where Internet content distribution services are provided, supervising and inspecting whether or not they have recorded circumstances concerning content distribution network and content source network links;
(6) Where Internet public access services are provided, supervising and inspecting whether or not they have adopted technical network and information security protection measures conform to national standards.
Article 12: During periods of national major cybersecurity defence tasks, public security bodies may conduct targeted security supervision and inspection of the following content of Internet service providers and network-using work units related to national major cybersecurity defence tasks:
(1) Whether or not they have formulated work plans required for major national cybersecurity defence tasks, clarified cybersecurity duties and work divisions, and appointed a management person for cybersecurity;
(2) Whether or not they have organized and conducted cybersecurity risk assessments, and adopted corresponding risk control measures to remedy cybersecurity leaks and vulnerabilities;
(3) Whether or not they have formulated cybersecurity emergency response plans, organized and conducted emergency response exercises, and whether or not emergency response-related equipment is complete and effective.
(4) Whether or not they have adopted other cybersecurity protection tasks required for major cybersecurity protection tasks according to the law;
(5) Whether or not they have reported cybersecurity protection measures and implementation circumstances to public security bodies according to requirement.
Internet security supervision and inspection with preventing terror attacks as its major objective will be implemented according to the content provided in the previous Paragraph.
Chapter III: Supervision and inspection procedures
Article 13: Public security bureaus conducting Internet security supervision and inspection may adopt on-site supervision and inspection or remote monitoring methods to do so.
Article 14: When public security bodies conduct on-site Internet security supervision and inspection, the number of People’s Police may not be less than 2, and they shall produce their People’s Police card and county-level or higher local People’s Government public security body-issued supervision and inspection notification letter.
Article 15: Public security bodies conducting on-site Internet security supervision and inspection may adopt the following measures on the basis of requirement:
(1) Entering business premises, computer rooms, work premises;
(2) Requiring the supervision and inspection counterpart’s responsible person or cybersecurity management personnel to explain supervision and inspection matters;
(3) Consulting and reproducing information related to Internet security supervision and inspection;
(4) Checking the operational state of technical network and information security protection measures.
Article 16: Public security bodies may conduct remote monitoring on whether or not cybersecurity leaks exist with Internet service providers and network-using work units.
Public security bodies conducting remote monitoring shall notify the supervision and inspection counterpart in advance about the inspection time, inspection cope and other such matters, or publish the related inspection matters, they may not interfere with or destroy the regular operations of the supervision and inspection counterpart’s networks.
Article 17: Public security bodies conducting on-site supervision and inspection or remote monitoring may entrust cybersecurity service bodies having corresponding technical capabilities with providing technical support.
Cybersecurity service bodies and their work personnel shall strictly preserve the secrecy of personal information and privacy, commercial secrets and State secrets they learn in the process of fulfilling Internet security supervision and inspection duties and responsibilities, they may not leak this, sell it or illegally provide it to others.
Public security bodies shall strictly supervise cybersecurity service bodies’ implementation of cybersecurity management and secrecy protection responsibilities.
Article 18: Public security bodies conducting on-site supervision and inspection shall draft supervision and inspection records, and have them signed by the People’s Police conducting supervision and inspection and the responsible person or cybersecurity management personnel from the supervision and inspection counterpart. Where the responsible person or cybersecurity management personnel from the supervision and inspection counterpart object to the supervision and inspection record, they shall be allowed to explain the matter; where they refuse to sign, People’s Police shall indicate this on the supervision and inspection record.
Public security bodies conducting remote monitoring shall draft supervision and inspection records, and have the supervision and inspection record signed by two or more People’s Police conducting the supervision and inspection.
Where cybersecurity service bodies are entrusted with providing technical support, the technical support personnel shall sign the supervision and inspection record together.
Article 19: Public security bodies discovering that cybersecurity risks or vulnerabilities exist in Internet service providers and network-using work unit in the process of Internet security supervision and inspection, shall urge and guide them to adopt measures to eliminate the risks or vulnerabilities, and indicate this in the supervision and inspection records; where they discover unlawful acts, but circumstances are light or no results have been created, they shall order them to correct the matter within a limited time.
Where the supervision and inspection counterpart believes they have completed correction before the end of the time limit, they may submit a re-inspection application in writing to the public security body.
Public security bodies shall, within three working days after the time limit ends or after receiving an earlier re-inspection application from the supervision and inspection counterpart, conduct a re-inspection of the corrected situation, and feed back the re-inspection results within three working days after the re-inspection concludes.
Article 12: All kinds of material collected in the process of inspection, or all kinds of produced documents and other materials, shall be stored in files according to regulations.
Chapter IV: Legal liability
Article 21: Where public security bodies discover Internet service providers or network-using work units committed the following unlawful acts in the process of Internet security supervision and inspection, they shall impose administrative punishment according to the law:
(1) Those not formulating or implementing cybersecurity management rules and operating rules, or not appointing a responsible person for cybersecurity, will be punished according to Article 59 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”;
(2) Those not adopting technical measures to defend against computer viruses, cyberattacks, cyber intrusions and other such acts harming cybersecurity, will be punished according to the provisions of Article 59 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”;
(3) Those not adopting measures to record and preserve user registration information and web access daily record information, will be punished according to the provisions of Article 59 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”;
(4) Those not requiring users to provide real identity information according to requirements in the process of providing Internet information dissemination, instant communication and other such services, or who provide related services to users not providing real identity information, will be punished according to the provisions of Article 61 of the “Cybersecurity Law of the People’s Republic of China”;
(5) Those who do not adopt measures to cease transmission and delete information of which the dissemination and transmission is prohibited by laws and administrative regulations according to the law or according to public security bodies’ requirements, and preserve relevant records, will be punished according to the provisions of Article 68 or Article 69 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”;
(6) Those refusing to provide technical support and assistance to public security bodies maintaining cybersecurity and investigating criminal activities according to the law, will be punished according to the provisions of Article 69 Paragraph III of the “Cybersecurity Law of the People’s Republic of China”.
Where the acts in the preceding items 4 to 6 violate the “Anti-Terrorism Law of the People’s Republic of China”, they will be punished according to the provisions of Article 84 or Article 86 Paragraph I of the “Anti-Terrorism Law of the People’s Republic of China”.
Article 22: Where public security bodies, in the process of Internet security supervision and inspection, discover Internet service providers and network-using work units steal or obtain personal information in an illegal manner, illegally sell or illegally provide it to others, but it does not constitute a crime, they will be punished according to the provisions of Article 64 Paragraph II of the “Cybersecurity Law of the People’s Republic of China”.
Article 23: Where public security bodies, in the process of Internet security supervision and inspection, discover Internet service providers and network-using work units have installed malicious programmes in the Internet services they provide, they will be punished according to the provisions of Article 60 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”.
Article 24: Where Internet service providers and network-using work units refuse or impede public security bodies’ conduct of Internet security supervision and inspection, they will be punished according to the provisions of Article 69 Paragraph II of the “Cybersecurity Law of the People’s Republic of China”; where they refuse to cooperate with anti-terrorism work, they will be punished according to the provisions of Article 91 or Article 92 of the “Anti-Terrorism Law of the People’s Republic of China.
Article 25: Where cybersecurity service bodies and their work personnel entrusted with providing technical support engage in illegal intrusion into the supervision and inspection counterpart’s networks, interfere with the regular functioning of the supervision and inspection counterpart’s networks, or steal online data and other such activities harming cybersecurity, they will be punished according to the provisions of Article 63 of the “Cybersecurity Law of the People’s Republic of China”; where they steal personal information they have obtained in the process of their work or obtain it in an illegal manner, illegally sell or illegally provide it to others, they will be punished according to the provisions of Article 64 Paragraph II of the “Cybersecurity Law of the People’s Republic of China”, where it constitutes a crime, criminal liability will be prosecuted according to the law.
Where bodies and their work personnel as provided in the previous Paragraph infringe the commercial secrets of the supervision and inspection counterpart, constituting a crime, criminal liability will be prosecuted according to the law.
Article 26: Where public security bodies and their work personnel, in the process of Internet security supervision and inspection work, are derelict in their duties, abuse their powers, or engage in favouritism, the directly responsible person in charge and other directly responsible personnel will be punished according to the law; where it constitutes a crime, criminal liability will be prosecuted according to the law.
Article 27: Where Internet service providers and network-using work units violate these Regulations, constituting a violation of public security management, they will be subject to public order management punishment; where it constitutes a crime, criminal liability will be prosecuted according to the law.
Chapter V: Supplementary provisions
Article 28: Supervision and inspection of commercial Internet access service venues will be implementing according to the relevant provisions of the “Commercial Internet Access Service Venue Management Regulations”.
Article 29: These Regulations take effect on 1 November 2018.
Chapter I: General Principles
Article 1: In order to strengthen and standardize Internet security supervision and inspection work by public security bodies, prevent online law-breaking and crime, safeguard cybersecurity, protect the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “People’s Police Law of the People’s Republic of China”, the “Cybersecurity Law of the People’s Republic of China” and other such relevant laws and administrative regulations, these Regulations are formulated. Read the rest of this entry »
Opinions concerning Appropriately Limiting Specific Gravely Untrustworthy Persons from Traveling on Civil Aircraft for a Certain Period, and Promoting the Construction of the Social Credit System
All provincial, autonomous region, municipal and the Xinjiang Production-Construction Corps social credit system construction leading work units, spiritual civilization offices, higher people’s courts, finance offices (bureaus), human resources and social security offices (bureaus), the State Administration of Taxation, local taxation bureaus, all delegated agencies of the China Securities Regulatory Commission, all local civil aviation management bureaus, all transportation (general) airline companies, airport companies, the China Civil Aviation Information Group, airport public security bureaus: Read the rest of this entry »
Opinions concerning Appropriately Limiting Specific Gravely Untrustworthy Persons from Riding Trains for a Certain Period, and Promoting the Construction of the Social Credit System
All provincial, autonomous region, municipal and Xinjiang Production-Construction Corps social credit system construction leading work units, spiritual civilization offices, higher-level people’s courts, finance offices (bureaus), human resources and social security offices (bureaus), the State Administration of Taxation, local taxation bureaus, all delegated agencies of the China Securities Regulatory commission, railway transportation enterprises, the Academy of Railway Science, and all railway public security bureaus: Read the rest of this entry »
Chapter I: General provisions
Article 1: In order to strengthen management of content management staff in Internet news information service work units, safeguard the lawful rights and interests of staff and the social public, and stimulate the healthy and orderly development of internet news information services, on the basis of the “Cybersecurity Law of the People’s Republic of China” and the “Internet News Information Management Regulations”, these Rules are formulated. Read the rest of this entry »
This translation was kindly provided by John Costello
Ministry of Industry and Information Technology Network  No. 202
Provincial, autonomous region, and municipal communications authorities, China Telecom Group Corporation, China Mobile Communications Corporation, China Unicom Group Corporation, China National Computer Emergency Technical Team/Coordination Center of China (CNCERT), China Information Communications Research Institute, National Industrial Information Security Development Research Center, China Internet Association, domain name registration management and service organs, internet companies, and cybersecurity enterprises:
In order to deepen the implementation of the spirit of General Secretary Xi Jinping’s important speeches on cybersecurity, actively respond to the dire and complex cybersecurity situation, to move forward robust public internet cybersecurity threat monitoring and mitigation mechanism, safeguard the legitimate rights and interests of citizens, legals person, and other organizations, and in accordance with “Cybersecurity Law of the People’s Republic of China” and other relevant laws and regulations, the “Public Internet Cybersecurity Threat Monitoring and Mitigation Measures”. Hereby issued to you, please realistically and effectively implement and carry out.
Ministry of Industry and Information Technology Read the rest of this entry »
This document was translated jointly by Graham Webster, Paul Triolo and Rogier Creemers
CAC Notice concerning the Public Solicitation of Opinions on the “Critical Information Infrastructure Security Protection Regulations (Opinion-seeking Draft)”
In order to guarantee the security of critical information infrastructure, based on the “Cybersecurity Law of the People’s Republic of China”, our Administration, jointly with relevant departments, has drafted the “Critical Information Infrastructure Security Protection Regulations (Opinion-seeking Draft)”, which is now made public for open solicitation of opinions. Relevant work units and individuals from all circles may, before 10 August, put forward opinions through the following ways:
1, Sending opinions in a letter form to: Beijing Xicheng Chegongzhuang Avenue 11, CAC Cybersecurity Coordination Bureau, Post Code 100044, and clearly indicate “opinion solicitation” on the envelope
2, Sending an e-mail to: firstname.lastname@example.org.
10 July 2017
Critical Information Infrastructure Security Protection Regulations
Chapter 1: General principles Read the rest of this entry »
This translation was kindly provided by Paul Triolo
Article 1 These Measures are developed with a view to enhancing the secure and controllable levels of network products and services, guarding against cyber security risks, and safeguarding the national security, and in accordance with the laws and regulations such as National Security Law of the People’s Republic of China and the Cybersecurity Law of the People’s Republic of China.
Article 2 Important network products and services procured for use in networks and information systems that touch on national security are subject to a cybersecurity review.
Article 3 A cybersecurity review shall be conducted for network products and services and their supply chains, in a manner that combines enterprise commitments with public supervision, combines third-party assessments with government continuous regulation, and combines laboratory testing with on-site checks, on-line monitoring and background investigations. Read the rest of this entry »
This translation was kindly provided by John Costello
State Internet Information Office
Decree No. 2
“Regulations for Internet Content Management Administration Law Enforcement Procedures” approved in a meeting of the State Internet Information Office is hereby announced, to be implemented from June 1, 2017 onward.
Director Xu Lin
May 2, 2017
Regulations for Internet Content Management Administration Law Enforcement Procedures Read the rest of this entry »