Regulations on Administration of Business Premises for Internet Access Services
Article 31Where a unit operating business premises for Internet access services, in violation of the provisions of these Regulations, commits any of the following acts, the culture administration department or the public security organ shall, in accordance with their respective functions and powers, give it a warning, and may concurrently impose a fine of not more than 15,000 yuan; if the circumstances are serious, it shall be ordered to suspend its business for rectification, or even have its Permit for Cyber-Culture Business revoked by the culture administration department:
(1) failing to link the computers provided to consumers of Internet access services to Internet through LAN;
(2) failing to establish an onsite inspection system for the premises, or failing to stop illegal acts committed by consumers of Internet access services upon discovery and report such acts to the culture administration department or the public security organ;
(3) failing to verify and record the valid credentials of consumers of Internet access services as required or failing to record relevant log-on information;
(4) failing to keep the registered contents or copies of the record within the required period, or modifying or deleting the registered contents or copies of the record within the save period; or
(5) failing to go through the relevant procedures or put on a record with the culture administration department and the public security organ when changing its title, domicile, legal representative or principal responsible person, registered capital, or website address, or terminating business activities.
Article 32Where a unit operating business premises for Internet access services, in violation of the provisions of these Regulations, commits any of the following acts, the public security organ shall give it a warning, and may concurrently impose a fine of not more than 15,000 yuan; if the circumstances are serious, it shall be ordered to suspend its business for rectification, or even have its Permit for Cyber-Culture Business revoked by the culture administration department:
(1) lighting by flaming or failing to stop smoking upon discovery, or failing to hang the no-smoking sign;
(2) allowing bringing in or storing any inflammable or explosive goods;
(3) fitting fixed bars sealing up doors or windows on the premises;
(4) blocking or locking up doors, windows, the safe evacuation passage or emergency exit during business hours; or
(5) stopping the implementation of technical safety measures without authorization.
Article 33Where anyone violates the provisions of the State on security of information networks, public security administration, fire control administration, administration for industry and commerce or telecommunication administration, and thereby violating the criminal law, he shall be investigated for criminal liability according to law; if his acts are not serious enough for criminal punishment, he shall be punished by the public security organ, the administrative department for industry and commerce or the telecommunication administration department according to law; if the circumstances are serious, his permit or license shall be revoked by the original certificate-issuing department.
Article 34Where a unit operating business premises for Internet access services has its Permit for Cyber-Culture Business revoked as an administrative penalty for violation of the provisions of these Regulations, it shall register the alteration or cancellation with the administrative department for industry and commerce according to law; if it fails to do so after the time limit expires, the administrative department for industry and commerce shall revoke its business license.
Article 35Where a unit operating business premises for Internet access services violates the provisions of these Regulations and thereby has its Permit for Cyber-Culture Business revoked, its legal representative or principal responsible person shall not take the post of the legal representative or principal responsible person of any unit operating business premises for Internet access services within five years from the day when the Permit for Cyber-Culture Business is revoked.
Where a unit operating business premises for Internet access services established without authorization is banned according to law, its principal responsible person shall not take the post of the legal representative or principal responsible person of any unit operating business premises for Internet access services within five years from the day when it is banned.
Article 36Where a fine is imposed as an administrative penalty according to the provisions of these Regulations, the separation of fine decisions from fine collections shall be implemented in accordance with the relevant provisions of laws and administrative regulations; all fines collected and illegal income confiscated shall be turned over to the State Treasury.
Chapter V Supplementary Provisions
Article 37These Regulations shall be effective as of November 15, 2002. The Measures for Administration of Business Premises for Internet Access Services promulgated on April 3, 2001 by the Ministry of Information Industry, the Ministry of Public Security, the Ministry of Culture and the State Administration for Industry and Commerce shall be repealed simultaneously.
The English translation is for reference only and if there is any discrepancy, the Chinese version shall prevail.