Regulations On China Internet Domain Name(3)

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Article 31

In case the registration information of a domain name changes, the holder of the domain name shall apply for changing the registration information corresponding Domain Name Registrar within 30 days after the change.

 
Article 32

A domain name holder may select or change the Domain Name Registrar. If the domain name holder changes the Domain Name Registrar, the former registrar shall bear the obligation of transferring the registration information of the domain name holder.

Any Domain Name Registrar shall not deter any domain name holder from changing the Domain Name Registrar without proper reason.

 
Article 33

Domain Name Registry shall set up hotlines for accepting customers' complaint, or take other necessary measures to timely handle customers' suggestions toward the registry; for problems that are hard to be solved instantly, the registry must explain the reason to the customer and limit a time frame for the processing.

If a complainer does not see any result or he/she is unsatisfied with the result, or the complainer is unsatisfied with the service provided by the Domain Name Registry, the complainer or the Domain Name Registry may appeal to MII.

 
Article 34

If a registered domain name involves any of the following requirements, the original Domain Name Registrar shall delete it and notify the domain name holder in written form:

1) In case the domain name holder or his/her deputy applies for the cancellation of the domain name;
2) In case the registration information submitted by the domain name holder is unauthentic, inaccurate or incomplete;
3) In case the domain name holder fails to pay the corresponding fees in accordance with the provisions;
4) In case the domain name shall be written off in accordance with the judgment by the people's court, arbitration institution or the domain name dispute resolution institution; or
5) In case the domain name is in violation of the provisions and the relevant laws and regulations.


Article 35

Domain Name Registry and Domain Name Registrars have the obligation of conducting website inspection in concert with the national governing departments, and request to suspend or cease the resolution service of the domain name concerned.

 

 

Chapter IV Domain Name Disputes

 
Article 36

The Domain Name Registry may designate a neutral institution for resolving domain name disputes.


Article 37

If any person complains to the domain name dispute resolution institution concerning a registered domain name or a domain name in use, which conforms to the requirements specified in the domain name dispute resolution policy, the domain name holder shall participate in the proceedings for the resolution of the dispute on the domain name.

 
Article 38

Decisions of the domain name dispute resolution institution shall only involve the change of holder’s information of the domain name in dispute. In case the decision of the domain name dispute resolution institution is in conflict with the legally effective judgment of the people's court or the arbitration organization, the legally effective judgment of the people's court or the arbitration organization prevails.

 
Article 39

If a domain name dispute is being processed by the people's court, the arbitration organization or the domain name dispute resolution institution, the domain name holder shall not transfer the domain name in dispute, unless the transferee of the domain name agrees in writing to be subject to the judgment by the people's court, the arbitration institution or the domain name dispute resolution institution.

 

 

 

Chapter V Penalty Provisions

 
Article 40

In case anyone who violates the provisions of Article 8, Article 11of the Regulations, setting up any DNS root server or running Domain Name Registry/Registrar without administrative permission, MII shall take measures to deter it from continuing the outlawed business according to article 81 of “Administrative license law of the People's Republic of China”, and shall, depending on the circumstances, warn or impose a fine of not more than RMB 30,000 Yuan.

 
Article 41

In case any Domain Name Registrar encroaches upon unapproved registration services, MII shall charge it to make corrections within a specified period; for those who do not put right any defects in time, MII shall take measures to deter it from continuing the outlawed business according to article 81 of “Administrative license law of the People's Republic of China”, and shall, depending on the circumstances, warn or impose a fine of not more than RMB 30,000 Yuan.

 
Article 42

In case anyone who violates the provisions of Article 5, Article 18, Article 19, Article 20, Article 25, Article 26, Article 32 and Article 35 of the Regulations, MII shall order it to make corrections within a specified period, and shall, depending on the circumstances, warn or impose a fine of not more than RMB 30,000 Yuan.


Article 43

Any person who violates the provisions of Article 27, and constitutes a crime, he or she shall be prosecuted for his or her criminal activities according to the laws; If the act does not constitute a crime, he or she shall be penalized by the relevant institutions of the state in accordance with the provisions of the relevant laws, rules and administrative regulations.

 

 

Chapter VI Supplementary Provisions

 
Article 44

The Domain Name Registrars which have started the registration service of Internet domain names prior to the entry into force of the Regulations shall go through record procedures in MII within 60 days from the date of the entry into force of the Regulations.
 

Article 45

The Regulations shall go into force as of Dec.20, 2004. The former version of “China Internet Domain Name Regulations” (published on Aug.1, 2002, MII Order No. 24) shall be annulled.

 

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

 

 

 

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