SCHEDULE A - Form of Registration Agreement - .CN domains


Provisional Administrative Rules for Registration of Domain Names in China

 

Note: This English version is only for reference. Any official interpretation should be based on the original Chinese version.


CHAPTER 1. GENERAL PROVISIONS

Article 1
. These Administrative Rules are formulated in order to ensure and promote the development of China's Internet and to strengthen the administration of China's Internet domain name system. All of the domain name registrations within China shall be carried out in accordance with these Administrative Rules. 

Article 2. The Office of the State Council's Steering Committee on Informatization (i.e. State Council's Informatization Office) is the official Chinese agency responsible for China's Internet domain name system. These responsibilities include the following:

(1) formulate policies and procedures to establish, allocate and administer China's Internet domain names; 

(2) select, authorize and cancel top-level and second-level domain names; and 

(3) supervise and monitor the registration of domain names at each level. 

Article 3. The Steering Committee of the China Internet Network Information Center (CNNIC) shall assist the State Council's Informatization Office with the administration of China's Internet domain name system. 

Article 4. With the authorization from and under the leadership of the State Council's Informatization Office, the CNNIC shall be the day-to-day administrative organization of the CNNIC Steering Committee. The CNNIC shall formulate the Detailed Implementation Rules for the Registration of Domain Names on China's Internet and be responsible for administration and registration of China's top-level domain name CN. 

Article 5. The administrators of domain names at and below the third level shall be determined by means of authorization granted from the next highest adjacent level. The administrators of domain names at each level shall be responsible for registration of domain names one level below their level. Second-level domain name administrators must regularly submit registration statements of their third-level domain names to CNNIC. 

Article 6. Applicants for domain name registration must be organizations that have been registered according to law and can independently assume civil liability. 


CHAPTER 2. STRUCTURE OF THE DOMAIN NAME SYSTEM OF CHINA's INTERNET

Article 7. The top-level domain name officially registered by China with InterNIC and being operated by China is CN. The domain names at each level below the top level CN shall be established according to a tree/hierarchy structure. 

Article 8. Second-level domain names of China's Internet are divided into category domain names and administrative division domain names. 

There are six category domain names, namely: AC for scientific research institutions; COM for enterprises in the fields of industry, commerce, finance, etc.; EDU for educational institutions: GOV for government agencies; NET for information centers (NICs) and operation centers (NOCs) of interconnecting and accessing networks; and ORG for all kinds of non-profit organizations. 

There are 34 administrative division domain names assigned for China's provinces, autonomous regions and municipalities directly under the central government, namely: BJ (Beijing Municipality); SH (Shanghai Municipality); TJ (Tianjin Municipality); CQ (Chongqing Municipality); HE (Hebei Province); SX (Shanxi Province); NM (Inner Mongolia Autonomous Region); LN (Liaoning Province); JL (Jilin Province); HL (Heilongjiang Province); JS (Jiangsu Province); ZJ (Zhejiang Province); AH (Anhui Province); FJ (Fujian Province); JX (Jiangxi Province); SD (Shandong Province); HA (Henan Province); HB (Hubei Province); HN (Hunan Province); GD (Guangdong Province); GX (Guangxi Zhuang Autonomous Region); HI (Hainan Province); SC (Sichuan Province); GZ (Guizhou Province); YN (Yunnan Province); XZ (Tibet Autonomous Region); SN (Shaanxi Province); GS (Gansu Province); QH (Qinghai Province); NX (Ningxia Hui Autonomous Region); XJ (Xinjiang Uygur Autonomous Region); TW (Taiwan); HK (Hong Kong); MO (Macao). 

Article 9. The proposal for addition, cancellation or modification of second-level domain names shall be filed by the CNNIC Steering Committee and promulgated after approval by the State Council's Informatization Office. 
Article 10. Naming principles for third-level domains: 

(1) Third-level domain names shall be composed of letters (A-Z, a-z, not case-sensitive), digits (0-9) and the hyphen (-). Each level of the domain name shall be separated by a dot (.). Any third-level domain name may not be longer than 20 characters;

(2) It is recommended that the applicant's English names (or abbreviations thereof) or Chinese names romanized according to the pinyin system (or abbreviations thereof) be used as third-level domain names, so as to preserve their clarity and simplicity. 

Article 11. Restrictions for the naming of domains at and below the third level 

(1) Without official approval from the relevant state authorities, domain names including words such as CHINA, CHINESE, CN, NATIONAL, etc. may not be used;

(2) Well-known names of other countries or regions, foreign location names and names of international organizations may not be used;

(3) Without approval from the local government at relevant levels, full or abbreviated names of administrative divisions at and above county level may not be used;

(4) Classifications of industries or generic names of goods may not be used;

(5) Enterprise names or trademark names already registered in China by others may not be used;

(6) Names that are harmful to the interests of the state, society or the public may not be used. 

CHAPTER 3. APPLICATION FOR DOMAIN NAME REGISTRATION

Article 12. Applicants shall have the right to select the name for the domain one level higher. Organizations that apply for a domain name from the category domain names shall apply under the second-level domain name corresponding to the nature of their organizations. 

Article 13. Applications for domain name registration must submit to the domain name administrator one level higher. 

Article 14. To apply for domain name registration, the following conditions must be met: 

(1) the domain name application for registration conforms to all the provisions hereof; 

(2) the applicant's primary domain name server is operated within China and provides continuous service for the domain name; and 

(3) the applicant designates an administrative contact and a technical contact respectively responsible for the administration and the operation of the domain name server at the requested level.

Article 15. When applying for domain name registration, the following documents and certificates shall be submitted: 

(1) an application form for domain name registration; 

(2) a formal letter of request from the organization applying for domain name registration; 

(3) a photo identification card of the individual filing the application; and 

(4) a photocopy of the document stating that the organization has been registered according to law.

Article 16. The application form for domain name registration shall contain at least the following particulars: the name of the organization (including its Chinese name and its full and abbreviated English name and Chinese name romanized according to the pinyin system), the location of the organization, the individual responsible for the organization, the administrative contact and technical contact responsible for the domain name, the applicant's information, the correspondence address, the telephone number, the electronic mail address, the names and locations of the primary and secondary domain name servers, the network address, the models and operating systems of the servers, the domain name proposed to be registered, the reason and purpose, and other particulars. 

Article 17. The name of the applicant shall be consistent with the name on the seal and relevant certificates. 

Article 18. Applications for registration may be dilivered by electronic mail, facsimile, post, etc. All the other documents specified in Article 15 shall be submitted by any means within 30 daysthereafter. The date of an application shall be the date on which the first application for registration is received. If all the documents specified in Article 15 are not received within 30 days, the application shall automatically be null and void. 

Article 19. Responsibilities of the applicant: 

(1) the applicant must observe China's laws and regulations of the Internet; 

(2) the applicant shall be responsible for the domain name selected by him/her; 

(3) the applicant shall warrant that the contents of his/her application documents are true and accurate and, to the best of his/her knowledge, that registration of the domain name selected will not harm the interests of any third party; the applicant shall warrant that registration of the domain name is not for any illegal purpose; and 

(4) upon approval of the application, the applicant will become the administrator of the domain name registered and must administer and operate the domain name in accordance with these Administrative Rules. 

CHAPTER 4. EXAMINATION AND APPROVAL OF DOMAIN NAME REGISTRATION

Article 20. Domain name registration shall be conducted on a first-come first-served basis. Domain name reservations shall not be accepted. 

Article 21. The domain name administrator shall complete the approval of registration, make the name operational and issue a domain name registration certificate within 10 working days after receiving the documents specified in Article 15, if the domain name requested and the documents submitted conform to the provisions of these Administrative Rules.

Article 22. The domain name administrator shall notify the applicant within 10 working days after receiving the documents specified in Article 15, if the domain name requested or the documents submitted do not conform to the provisions of these Administrative Rules. The applicant will have 30 days to revise and re-submit the application. The application shall automatically be null and void, if the applicant does not reply within 30 days or if the documents re-submitted do not comply with the provisions hereof. 

Article 23. The administrators of domain names at each level shall not be responsible for checking inquiries with the State Administration Agency for industry and commerce, and the agencies for trademark administration as to whether or not a user's domain name is in conflict with a registered trademark, enterprise name, or is harmful to the interests of any third party. The applicant shall be responsible for handling any dispute arising from such a conflict and bearing the legal liability. Where a third-level domain name is identical to a trademark or enterprise name registered in China but the registered domain name is not owned by the holder of the registered trademark or enterprise name, the holder of the domain name may continue using its domain name if the holder of the registered trademark or enterprise name has not filed an opposition. If the holder of the registered trademark or enterprise name files an opposition, the administrators of domain names at each level shall retain the domain name service for the holder of the domain name for 30 days from the date on which it is confirmed that the opponent owns the registered trademark rights or enterprise name rights, and the domain name service shall automatically cease after 30 days. Domain name administrators are not responsible for any legal liability and economic dispute. 


CHAPTER 5. CHANGE AND CANCELLATION OF REGISTERED DOMAIN NAMES

Article 24. Registered domain names may be changed or canceled, but are not permitted to be transferred, sold or purchased. 

Article 25. To apply for change of a registered domain name or other registration particulars, the applicant shall submit a domain name registration form and the documents specified in Article 15 as well as the original domain name registration certificate.

Following verification and approval by the domain name administrator, the original domain name registration certificate shall be annotated and returned, and the domain name shall be made accessible within 10 working days. 

Article 26. To apply for the cancellation of a registered domain name, the applicant shall submit a domain name registration form, the documents specified in Article 15, and return the original domain name registration certificate. Following verification and approval by the domain name registrar, operation of the domain name shall cease and the domain name registration certificate shall be revoked. 

Article 27. An annual inspection shall be implemented for registered domain names. The domain name administrators at each level shall be responsible for the implementation of the inspection. 


CHAPTER 6. SUPPLEMENTARY PROVISIONS

Article 28. Servers located in China and connected to China's Internet, whose registered top-level domain names are not CN, must report and file a record with the CNNIC. 

Article 29. An administrative fee shall be paid when registering domain names and handling other matters concerning domain names. The detailed fee structure shall be determined separately. 

Article 30. The State Council's Informatization Office shall be responsible for the interpretation of these Administrative Rules.

Article 31. These Administrative Rules shall be implemented from the date of ratification. 

(Note: All translations are for reference only, any terms shall be implemented in accordance with original Chinese version)