TLDR; Below is the English-translated version of China’s Measures for the Record-Filing of Non-Operational Internet Information Services (非经营性互联网信息服务备案管理办法, Ministry of Information Industry Order No. 33, as amended by MIIT Order No. 68), the current consolidated version of the ICP record-filing (ICP 备案) regime that governs the filing required to lawfully host a non-commercial website on servers in mainland China.
ICP record-filing (ICP 备案) is the permission every non-commercial website must obtain before it can lawfully be hosted on servers inside mainland China: without a valid filing number, no provider may serve the site and no access provider may connect it. These Measures set out who must file, how a filing is submitted and verified, and the filing number and record-filing-system link a site must display on its homepage — and what you read below is the current consolidated version, as amended by MIIT Order No. 68 in 2024. They operate under the Measures for the Administration of Internet Information Services, their parent rule, and alongside the Cybersecurity Law, together forming part of the baseline every international business should confirm with counsel before standing up a presence in China.
Measures for the Record-Filing of Non-Operational Internet Information Services (Promulgated February 8, 2005 by Order No. 33 of the Ministry of Information Industry (now the Ministry of Industry and Information Technology); effective March 20, 2005; as amended by MIIT Order No. 68 of January 18, 2024)
Article 1. These Measures are formulated in order to regulate the record-filing of non-operational internet information services and the administration of such record-filing, and to promote the healthy development of the internet information services industry, in accordance with the provisions of the “Measures for the Administration of Internet Information Services,” the “Telecommunications Regulations of the People’s Republic of China,” and other relevant laws and administrative regulations.
Article 2. These Measures apply to the provision of non-operational internet information services within the territory of the People’s Republic of China, the performance of record-filing formalities, and the administration of such record-filing.
Article 3. The Ministry of Industry and Information Technology of the People’s Republic of China (hereinafter referred to as “the MIIT”) supervises and guides the record-filing administration of non-operational internet information services throughout the country, and the communications administrations of the provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the “provincial communications administrations”) specifically carry out the record-filing administration of non-operational internet information services. A party intending to engage in non-operational internet information services shall perform the record-filing formalities with the provincial communications administration of the place where it is domiciled.
Article 4. In record-filing administration, the provincial communications administrations shall follow the principles of openness, fairness, and impartiality, and shall provide convenient, high-quality, and efficient services. When engaging in non-operational internet information services, a non-operational internet information service provider shall comply with the relevant provisions of the State and accept the supervision and administration carried out by the relevant authorities in accordance with law.
Article 5. The provision of non-operational internet information services within the territory of the People’s Republic of China shall be subject to record-filing formalities performed in accordance with law. Without record-filing, no one may engage in non-operational internet information services within the territory of the People’s Republic of China. The provision of non-operational internet information services within the territory of the People’s Republic of China, as referred to in these Measures, means the provision of non-operational internet information services by an organization or individual within the territory of the People’s Republic of China by means of a website accessed through an internet domain name or a website that can be accessed only through an internet IP address.
Article 6. The provincial communications administrations carry out record-filing administration through the MIIT record-filing management system by means of online record-filing.
Article 7. A party intending to engage in non-operational internet information services shall, through the MIIT record-filing management system, truthfully complete the “Record-Filing Registration Form for Non-Operational Internet Information Services” (hereinafter the “Record-Filing Registration Form,” the format of which is set out in the appendix to these Measures) and perform the record-filing formalities. The MIIT shall adjust and publish the Record-Filing Registration Form in light of actual circumstances.
Article 8. A party intending to engage in non-operational internet information services by accessing the internet through a commercial internet network may entrust an internet access service business operator, an internet data center business operator, or another telecommunications business operator that provides access services to its website in another manner to perform, on its behalf, the formalities for record-filing, modification of record-filing, cancellation of record-filing, and the like.
Article 9. A party intending to engage in non-operational internet information services by accessing the internet through a non-profit internet network such as the China Education and Research Computer Network, the China Science and Technology Network, the China International Economy and Trade Internet, or the China Great Wall Internet may have the non-profit internet network entity that provides internet access services to its website perform, on its behalf, the formalities for record-filing, modification of record-filing, cancellation of record-filing, and the like.
Article 10. Internet access service business operators, internet data center business operators, and other telecommunications business operators and non-profit internet network entities that provide access services to websites in other manners (hereinafter collectively referred to as “internet access service providers”) shall not, where they know or should know that the record-filing information of an organization or individual intending to engage in non-operational internet information services is untrue, perform on its behalf the formalities for record-filing, modification of record-filing, cancellation of record-filing, and the like.
Article 11. Where a party intends to engage in internet information services concerning news, publishing, education, health care, pharmaceuticals and medical devices, culture, or radio, film, and television programs, and such services must be examined and approved by the relevant competent authorities in accordance with laws, administrative regulations, and relevant provisions of the State, it shall, when performing the record-filing formalities, also submit to the provincial communications administration of the place where it is domiciled the documents of examination and approval issued by the relevant competent authorities. Where a party intends to engage in electronic bulletin services, it shall, when performing the record-filing formalities, also submit to the provincial communications administration of the place where it is domiciled the special record-filing materials for electronic bulletin services.
Article 12. The provincial communications administration shall, after receiving the filing materials submitted by the filer, where the materials are complete, complete the record-filing within 20 working days, issue the filer a filing number, and publish the relevant filing information to the public through the MIIT record-filing management system; where the materials are incomplete, it shall not file them, and shall notify the filer within 20 working days and explain the reasons.
Article 13. A non-operational internet information service provider shall, when its website goes live, indicate its filing number at the bottom-center of the homepage and, beneath the filing number, link as required to the URL of the MIIT record-filing management system, so that the public may query and verify it.
Article 14. Where a non-operational internet information service provider needs, within the period of validity of its record-filing, to change the information entered in its Record-Filing Registration Form, it shall log in to the MIIT record-filing system 30 days in advance and perform the formalities for modification of record-filing with the original record-filing authority.
Article 15. Where a non-operational internet information service provider needs, within the period of validity of its record-filing, to terminate the provision of services, it shall, on the date of termination of services, log in to the MIIT record-filing system and perform the formalities for cancellation of record-filing with the original record-filing authority.
Article 16. A non-operational internet information service provider shall ensure that the information content it provides is lawful. The information content provided by a non-operational internet information service provider, as referred to in these Measures, means the information content included under the internet domain name or IP address of the website of the internet information service provider.
Article 17. The provincial communications administrations shall establish administrative mechanisms such as credit management, social supervision, and investigation of circumstances, and shall exercise supervision and administration over non-operational internet information service activities.
Article 18. An internet access service provider shall not provide internet access services to an organization or individual that engages in non-operational internet information services without having completed record-filing. With respect to a non-operational internet information service provider on which the provincial communications administration has imposed the penalty of temporary closure or closure of its website, or an organization or individual that engages in non-operational internet information services unlawfully, the internet access service provider shall immediately suspend or terminate the provision of internet access services to it.
Article 19. An internet access service provider shall record the record-filing information of the non-operational internet information service providers to which it provides access. An internet access service provider shall, in accordance with the relevant provisions of the State, properly carry out network information security management work such as the dynamic management of user information, the retention of records, and the reporting of harmful information, and shall supervise the users to which it provides access in accordance with the requirements of the MIIT and the provincial communications administrations.
Article 20. The provincial communications administrations shall, in accordance with law, carry out annual verification of the record-filing of non-operational internet information services. The provincial communications administrations shall conduct the annual verification online through the MIIT record-filing management system.
Article 21. A non-operational internet information service provider shall, at the time prescribed each year, log in to the MIIT record-filing management system and perform the formalities for annual verification.
Article 22. Where, in violation of Article 5 of these Measures, a party provides non-operational internet information services without having performed the record-filing formalities, the provincial communications administration of the place where it is domiciled shall order corrections within a time limit and impose a fine of 10,000 yuan; if corrections are refused, the website shall be closed. Where a party provides services beyond the items that have been filed, the provincial communications administration of the place where it is domiciled shall order corrections within a time limit and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan; if corrections are refused, the website shall be closed and its record-filing canceled.
Article 23. Where, in violation of the first paragraph of Article 7 of these Measures, a party enters false record-filing information, the provincial communications administration of the place where it is domiciled shall close the website and cancel its record-filing.
Article 24. Where there is a violation of the provisions of Article 10, Article 18, or Article 19 of these Measures, the provincial communications administration of the place where the violation occurs shall order corrections and impose a fine of 10,000 yuan.
Article 25. Where, in violation of Article 13 of these Measures, a provider fails to link the URL of the MIIT record-filing management system beneath its filing number, the provincial communications administration of its domicile shall order corrections within a time limit; if corrections are not made by the deadline, a fine of 5,000 to 10,000 yuan shall be imposed.
Article 26. Where, in violation of the provisions of Article 14 or Article 15 of these Measures, a party fails to perform the formalities for modification of record-filing within the prescribed time, or fails to perform the formalities for cancellation of record-filing in accordance with law, the provincial communications administration of the place where it is domiciled shall order corrections within a time limit and impose a fine of 10,000 yuan.
Article 27. Where a non-operational information service provider violates the relevant laws and provisions of the State and, in accordance with law, its services should be suspended or terminated, the provincial communications administration may, on the basis of the written determination of an organ at the same level authorized by laws or administrative regulations, temporarily close the website, or close the website and cancel its record-filing.
Article 28. Where, at the time of annual verification, a non-operational internet information service provider is in any of the following circumstances, the provincial communications administration of the place where it is domiciled shall, through the MIIT record-filing system and other media, issue a notice ordering corrections within a time limit; if corrections are refused, the website shall be closed and its record-filing canceled:
(1) Failing to log in to the record-filing website at the prescribed time to submit annual verification information;
(2) Where a national department in charge of news, education, public security, State security, culture, radio, film, and television, publishing, secrecy protection, or the like issues, in accordance with law, an opinion vetoing the annual verification with respect to the special content under its respective administration.
Article 29. These Measures shall take effect as of March 20, 2005.
Appendix: The original document annexes a Record-Filing Registration Form for Non-Operational Internet Information Services (omitted here).
Closing
The original document was published in Chinese by the Ministry of Industry and Information Technology (originally the Ministry of Information Industry); we translated it into English, which is what you read above. This translation is provided for quick comprehension only and should be used at your own discretion and risk — always confirm the current requirements with qualified legal counsel.
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