TLDR; Below is the English-translated version of China’s Measures for the Administration of Telecommunications Business Licensing (电信业务经营许可管理办法, Ministry of Industry and Information Technology Order No. 42), promulgated July 3, 2017 and in effect since September 1, 2017.
If your company runs a commercial internet or telecommunications service in mainland China — anything that charges users, carries paid traffic, or operates as a value-added online business — these Measures govern the license you must hold to do so lawfully. They set out who may apply for the Value-Added Telecommunications Business License (the commercial ICP license) and the Basic Telecommunications Business License, the ownership and registered-capital conditions each requires, how the license may be used, and how it is renewed. The commercial license defined here is distinct from the non-commercial ICP record-filing that informational sites complete under the Measures for the Administration of Internet Information Services; confirming which one your business needs is a foundational compliance question to settle with counsel before you launch in China.
Measures for the Administration of Telecommunications Business Licensing (Promulgated July 3, 2017 by Order No. 42 of the Ministry of Industry and Information Technology; effective September 1, 2017 (repealing MIIT Order No. 5 of 2009))
Chapter I — General Provisions
Article 1. These Measures are formulated in accordance with the “Regulations on Telecommunications of the People’s Republic of China” and the provisions of other laws and administrative regulations, in order to strengthen the administration of telecommunications business licensing.
Article 2. These Measures apply to the application for, examination and approval of, use of, and administration of Telecommunications Business Operating Licenses (hereinafter “Operating Licenses”) within the territory of the People’s Republic of China.
Article 3. The Ministry of Industry and Information Technology and the communications administrations of the provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter collectively referred to as “telecommunications administration authorities”) are the authorities responsible for the examination, approval, and administration of Operating Licenses.
The examination, approval, and administration of Operating Licenses shall follow the principles of convenience for the public, efficiency, openness, fairness, and impartiality.
The Ministry of Industry and Information Technology shall establish an integrated telecommunications business administration platform (hereinafter the “administration platform”) to advance the online application for, examination and approval of, and administration of Operating Licenses, as well as the public disclosure, inquiry, and sharing of related information, and to improve the credit administration mechanism.
Article 4. To operate a telecommunications business, one shall obtain, in accordance with law, an Operating License issued by a telecommunications administration authority.
In the course of their telecommunications business operations, telecommunications business operators shall comply with the provisions of the Operating License and shall accept and cooperate with the supervision and administration of the telecommunications administration authorities.
A telecommunications business operator’s operation of its telecommunications business in accordance with the provisions of the Operating License is protected by law.
Chapter II — Application for the Operating License
Article 5. To operate a basic telecommunications business, the following conditions shall be met:
(1) The operator is a company lawfully established to engage specifically in basic telecommunications business, and the company’s State-owned equity or shares are not less than 51%.
(2) It has a business development research report and a network-building technical plan.
(3) It has funds and professional personnel commensurate with the business activities to be undertaken.
(4) It has the premises, facilities, and corresponding resources for conducting the business activities.
(5) It has the reputation or the capability to provide long-term service to users.
(6) Where it operates within the area of a single province, autonomous region, or municipality directly under the Central Government, the minimum registered capital is 100 million yuan (RMB); where it operates nationwide or across provinces, autonomous regions, or municipalities directly under the Central Government, the minimum registered capital is 1 billion yuan (RMB).
(7) The company and its principal investors and principal operating and management personnel have not been placed on the telecommunications business operations breach-of-trust list.
(8) Other conditions prescribed by the State.
Article 6. To operate a value-added telecommunications business, the following conditions shall be met:
(1) The operator is a company lawfully established.
(2) It has funds and professional personnel commensurate with the business activities to be carried out.
(3) It has the reputation or the capability to provide long-term service to users.
(4) Where it operates within the area of a single province, autonomous region, or municipality directly under the Central Government, the minimum registered capital is 1 million yuan (RMB); where it operates nationwide or across provinces, autonomous regions, or municipalities directly under the Central Government, the minimum registered capital is 10 million yuan (RMB).
(5) It has the necessary premises, facilities, and technical plan.
(6) The company and its principal investors and principal operating and management personnel have not been placed on the telecommunications business operations breach-of-trust list.
(7) Other conditions prescribed by the State.
Article 7. An applicant for a Basic Telecommunications Business License shall submit the following application materials to the Ministry of Industry and Information Technology:
(1) A written application to operate a basic telecommunications business, signed by the company’s legal representative, stating: the type of telecommunications business applied for, the business coverage area, the company name, contact information, and the like;
(2) A duplicate of the company’s business license and a photocopy thereof;
(3) A company profile, including the company’s basic situation, the organizational structure and management arrangements for the telecommunications business to be undertaken, the technical strength and the operating and management personnel, and the premises, facilities, and the like commensurate with the business activities to be conducted;
(4) The company’s articles of association, equity structure, and relevant information on its shareholders;
(5) A business development research report, including: the business development and implementation plan for operating the telecommunications business, the service items, the business coverage area, the fee schedule, the anticipated service quality, a cost-benefit analysis, and the like;
(6) A network-building technical plan, including: the network structure, network scale, network construction plan, network interconnection plan, technical standards, configuration of telecommunications equipment, the plan for the use of telecommunications resources, and the like;
(7) Measures for providing long-term service and quality assurance to users;
(8) Network and information security safeguard measures;
(9) Relevant materials attesting to the company’s reputation;
(10) A letter of commitment, signed by the company’s legal representative, that the company will operate its telecommunications business in accordance with law.
Article 8. An applicant for a Value-Added Telecommunications Business License shall submit the following application materials to the telecommunications administration authority:
(1) A written application to operate a value-added telecommunications business, signed by the company’s legal representative, stating: the type of telecommunications business applied for, the business coverage area, the company name, contact information, and the like;
(2) A duplicate of the company’s business license and a photocopy thereof;
(3) A company profile, including: the company’s basic situation and the personnel, premises, and facilities for the telecommunications business to be undertaken;
(4) The company’s articles of association, equity structure, and relevant information on its shareholders;
(5) The business development and implementation plan and the technical plan for operating the telecommunications business;
(6) Measures for providing long-term service and quality assurance to users;
(7) Network and information security safeguard measures;
(8) Relevant materials attesting to the company’s reputation;
(9) A letter of commitment, signed by the company’s legal representative, that the company will operate its telecommunications business in accordance with law.
Where the telecommunications business applied for must, in accordance with laws, administrative regulations, and relevant State provisions, first be examined and approved by the competent authority concerned, the document of examination and approval issued by that competent authority shall be submitted.
Chapter III — Examination and Approval of the Operating License
Article 9. Operating Licenses are divided into two categories: the Basic Telecommunications Business License and the Value-Added Telecommunications Business License. The Value-Added Telecommunications Business License is further divided into the Cross-Regional Value-Added Telecommunications Business License and the Value-Added Telecommunications Business License covering the area within a single province, autonomous region, or municipality directly under the Central Government.
The Basic Telecommunications Business License and the Cross-Regional Value-Added Telecommunications Business License are examined and approved by the Ministry of Industry and Information Technology. The Value-Added Telecommunications Business License covering the area within a single province, autonomous region, or municipality directly under the Central Government is examined and approved by the communications administration of that province, autonomous region, or municipality.
The Operating License of a foreign-invested telecommunications enterprise is examined and approved by the Ministry of Industry and Information Technology in accordance with the “Provisions on the Administration of Foreign-Invested Telecommunications Enterprises.”
Article 10. The Ministry of Industry and Information Technology shall examine the application materials for operating a basic telecommunications business. Where the application materials are complete and conform to the statutory format, it shall issue the applicant a notice of acceptance of the application. Where the application materials are incomplete or do not conform to the statutory format, it shall, on the spot or within 5 days, inform the applicant at one time of all the content that needs to be supplemented and corrected.
After accepting the application, the Ministry of Industry and Information Technology shall organize experts to review the application materials referred to in items (5), (6), and (8) of Article 7 and form a review opinion.
The Ministry of Industry and Information Technology shall complete its examination within 180 days from the date of accepting the application and make a decision to approve or not to approve. Where approval is granted, a Basic Telecommunications Business License shall be issued. Where approval is not granted, the applicant shall be notified in writing and the reasons shall be explained.
Article 11. The telecommunications administration authority shall examine the application materials for operating a value-added telecommunications business. Where the application materials are complete and conform to the statutory format, it shall issue the applicant a notice of acceptance of the application. Where the application materials are incomplete or do not conform to the statutory format, it shall, on the spot or within 5 days, inform the applicant at one time of all the content that needs to be supplemented and corrected.
Where administration needs so require, the telecommunications administration authority may organize experts to review the application materials referred to in items (5), (6), and (7) of Article 8 and form a review opinion.
The telecommunications administration authority shall complete its examination within 60 days from the date of receiving all of the application materials and make a decision to approve or not to approve. Where approval is granted, a Cross-Regional Value-Added Telecommunications Business License, or a Value-Added Telecommunications Business License covering the area within a single province, autonomous region, or municipality directly under the Central Government, shall be issued. Where approval is not granted, the applicant shall be notified in writing and the reasons shall be explained.
Article 12. Where the telecommunications administration authority needs to verify the substantive content of the application materials, it may, on its own or by entrusting another institution, conduct an on-site inspection of the applicant, and the applicant shall cooperate.
Where the telecommunications administration authority organizes an expert review, the time taken for the expert review is not counted toward the examination period provided for in the third paragraph of Article 10 and the third paragraph of Article 11 of these Measures.
Article 13. An Operating License consists of a main body and annexes.
The main body of the Operating License shall state the company name, the legal representative, the type of business (service items), the business coverage area, the period of validity, the issuing authority, the date of issuance, the Operating License number, and other such items.
The annexes to the Operating License may set out special matters, through which the telecommunications administration authority imposes special requirements concerning telecommunications business conduct, the rights and obligations of the telecommunications business operator, and the like.
The Operating License shall bear the seal of the issuing authority.
The Ministry of Industry and Information Technology may, in light of actual circumstances, adjust the content of the Operating License and re-publish it.
Article 14. The period of validity of a Basic Telecommunications Business License is, according to the type of telecommunications business, either 5 years or 10 years.
The period of validity of a Cross-Regional Value-Added Telecommunications Business License and of a Value-Added Telecommunications Business License covering the area within a single province, autonomous region, or municipality directly under the Central Government is 5 years.
Article 15. The Operating License shall be collected by the company’s legal representative, or by another person of the company entrusted by the legal representative upon presentation of a letter of authorization.
Chapter IV — Use of the Operating License
Article 16. A telecommunications business operator shall operate its telecommunications business in accordance with the type of telecommunications business stated in the Operating License, within the prescribed business coverage area, and in accordance with the provisions of the Operating License.
A telecommunications business operator shall indicate its Operating License number in a prominent position at the company’s principal place of business, on the homepage of its website, in its business promotional materials, and the like.
Article 17. A party approved to operate a radio communications business shall, in accordance with the relevant State provisions on radio administration, apply to the radio administration authority, on the strength of its Operating License, to obtain a radio frequency use license.
Article 18. A telecommunications business operator may, with the approval of the issuing authority, authorize a company in which it holds a shareholding ratio (including both direct and indirect holdings) of not less than 51% and which meets the conditions for operating a telecommunications business to operate the telecommunications business that the operator is approved to operate. The issuing authority shall state in the telecommunications business operator’s Operating License the name, legal representative, type of business, business coverage area, and other such details of the authorized company.
A company approved to operate a basic telecommunications business on a cross-regional basis may not, within a single region, authorize two or more companies to operate the same basic telecommunications business.
Article 19. No organization or individual may forge, alter, fraudulently use, or in any way transfer an Operating License.
Chapter V — Regulation of Operating Conduct
Article 20. A basic telecommunications business operator shall, in accordance with the principles of openness and equality, provide the telecommunications services and telecommunications resources needed for operating the relevant telecommunications business to telecommunications business operators that have obtained an Operating License; it may not provide an organization or individual without an Operating License with telecommunications resources for operating a telecommunications business, or provide network access or business access services to such an organization or individual.
Article 21. A telecommunications business operator may not engage in unfair competition by any means.
Article 22. A basic telecommunications business operator that provides network access, agency fee collection, or business cooperation to value-added telecommunications business operators shall regulate and administer the content, charging, and cooperative conduct of the corresponding value-added telecommunications business, and shall establish corresponding systems and measures for discovery, supervision, and disposition.
Article 23. Where a basic telecommunications business operator adjusts the terms of cooperation between itself and a value-added telecommunications business operator, it shall first solicit the opinions of the value-added telecommunications business operators concerned.
The circumstances and records of such solicitation of opinions shall be retained and provided when the telecommunications administration authority conducts supervision and inspection.
Article 24. A value-added telecommunications business operator that provides access services shall comply with the following provisions:
(1) It shall lease the telecommunications services or telecommunications resources provided by a basic telecommunications business operator that has obtained the corresponding Operating License in order to conduct its business operations, and may not sublease the telecommunications services or telecommunications resources so obtained to other value-added telecommunications business operators engaged in access services;
(2) When handling access-service formalities for a user, it shall require the user to provide true identity information and shall verify that information;
(3) It may not provide access services, the collection of fees on their behalf, or similar services to any organization or individual that has not obtained an Operating License in accordance with law or has not completed the record-filing formalities for non-operational internet information services;
(4) It shall, in accordance with the provisions of the telecommunications administration authority, establish a corresponding business management system, achieve interconnection with the corresponding system of the telecommunications administration authority as required, and periodically submit relevant business management information;
(5) It shall supervise the dissemination of unlawful information by the websites to which it provides access; upon discovering the dissemination of information that clearly falls within those specified in Article 56 of the “Regulations on Telecommunications of the People’s Republic of China,” it shall immediately cease access services, the collection of fees on their behalf, and similar services, preserve the relevant records, and report to the relevant State authorities;
(6) It shall terminate or suspend access services to unlawful websites as required by the telecommunications administration authority.
Article 25. The telecommunications administration authorities shall establish a system for monitoring the telecommunications business market. The telecommunications business operators concerned shall submit the corresponding monitoring information to the telecommunications administration authorities in accordance with the provisions.
Article 26. A telecommunications business operator shall, in accordance with the provisions of the State and the telecommunications administration authorities, designate a corresponding network and information security management body and dedicated network and information security management personnel; establish systems for network and information security safeguards, network security protection, the monitoring and disposition of unlawful information, security assessment of new businesses, network security monitoring and early warning, emergency response to sudden incidents, and the protection of user information security; and have corresponding technical safeguard measures in place.
Chapter VI — Modification, Withdrawal, Revocation, and Cancellation of the Operating License
Article 27. Where, upon expiration of the period of validity of the Operating License, continued operation is desired, an application to extend the Operating License shall be filed with the original issuing authority 90 days in advance; where operation is to be discontinued, a report shall be made to the original issuing authority 90 days in advance and proper wind-up work shall be carried out.
Where an application to extend the Operating License is not filed within the time limit provided for in the preceding paragraph, or where no telecommunications business has been launched during the period of validity of the Operating License, the license shall not be extended upon expiration of its period of validity.
Article 28. Where a telecommunications business operator, or a company authorized by it to operate a telecommunications business, encounters a situation in which the operating entity needs to be changed as a result of merger or division, a change of shareholders, or the like, or in which the business scope needs to be changed, it shall file an application with the original issuing authority within 30 days from the date on which the company makes the relevant decision.
Where a telecommunications business operator changes its operating entity or shareholders, it shall comply with the relevant provisions of Article 5, Article 6, and the third paragraph of Article 9 of these Measures.
Article 29. Where, within the period of validity of the Operating License, the company name, legal representative, or registered capital is changed, an application to carry out the formalities for modifying the Telecommunications Business Operating License shall be filed with the original issuing authority within 30 days from the date of completion of the company’s change-registration formalities with the administration for industry and commerce.
Article 30. Where, within the period of validity of the Operating License, a telecommunications business operator needs to terminate operations, the following conditions shall be met:
(1) Where it terminates the operation of a basic telecommunications business, this shall conform to the overall layout of telecommunications industry administration determined by the telecommunications administration authority;
(2) It has a feasible plan for the proper handling of users and has properly handled the wind-up matters concerning users.
Article 31. Where, within the period of validity of the Operating License, a telecommunications business operator needs to terminate operations, it shall submit the following application materials to the original issuing authority:
(1) A written application to terminate the telecommunications business, signed and sealed by the company’s legal representative, stating: the company name, contact information, Operating License number, the type of telecommunications business for which termination is applied, the business coverage area, and the like.
(2) A resolution of the company’s board of shareholders or general meeting of shareholders agreeing to terminate the telecommunications business.
(3) A letter of commitment, signed by the company’s legal representative, to properly carry out the wind-up work concerning users.
(4) The company’s explanatory statement on resolving the wind-up matters concerning users, including: the user-handling plan, an account of the public announcement to society, a summary of users’ opinions, the implementation plan, and the like.
(5) The original of the company’s Operating License and a photocopy of its business license.
After receiving the application to terminate the telecommunications business, the original issuing authority shall announce it to society, with an announcement period of 30 days. Within 60 days from the end of the announcement period, the original issuing authority shall complete its examination and make a decision to approve or not to approve. For an operator that meets the conditions for terminating the telecommunications business, the original issuing authority shall grant approval and take back and cancel the Telecommunications Business Operating License, or cancel the corresponding type of telecommunications business and business coverage area; for an operator that does not meet the conditions for terminating the telecommunications business, the original issuing authority shall not grant approval, and shall notify the applicant in writing and explain the reasons.
Article 32. Under any of the following circumstances, the issuing authority or its superior authority may withdraw the Operating License:
(1) Where a staff member of the issuing authority abused their powers or neglected their duties in making the decision to grant the administrative license;
(2) Where the decision to grant the administrative license was made in excess of statutory authority or in violation of statutory procedures;
(3) Where the administrative license was granted to an applicant that did not have the qualifications to apply or did not meet the conditions for application;
(4) Other circumstances under which the Operating License may be withdrawn in accordance with law.
Article 33. Under any of the following circumstances, the issuing authority shall cancel the Operating License:
(1) Where the telecommunications business operator is terminated in accordance with law;
(2) Where the period of validity of the Operating License has expired and has not been extended;
(3) Where the telecommunications business operator has been penalized by the relevant authority in accordance with law, or where, by reason of force majeure, the licensed telecommunications business matters cannot be carried out;
(4) Where the Operating License has been withdrawn or revoked in accordance with law;
(5) Other circumstances in which the Operating License shall be canceled as provided by laws or regulations.
Article 34. After the issuing authority revokes, withdraws, or cancels the Operating License of a telecommunications business operator, it shall make this public to society.
Where a telecommunications business operator’s Operating License is revoked, withdrawn, or canceled, the operator shall carry out the wind-up work in accordance with the relevant State provisions.
Where an Operating License is revoked, withdrawn, or canceled, it shall be returned to the original issuing authority.
Chapter VII — Supervision and Inspection of Business Licensing
Article 35. A telecommunications business operator shall, in the first quarter of each year, report the following information to the issuing authority through the administration platform:
(1) The telecommunications business operations of the previous year;
(2) Network construction, business development, and changes in personnel and organization;
(3) Service quality;
(4) The implementation of the systems and measures for network and information security safeguards;
(5) The implementation of the relevant provisions of the State and the telecommunications administration authorities and of the special matters of the Operating License;
(6) Other information that the issuing authority requires to be submitted.
The information provided for in items (1) through (3) of the preceding paragraph (except information involving commercial secrets) shall be announced to society; whether the information provided for in items (5) and (6) is announced to society is at the choice of the telecommunications business operator.
A telecommunications business operator shall be responsible for the truthfulness of the annual report information provided for in the first paragraph of this Article, and may not engage in fraud or conceal the true situation.
Article 36. The telecommunications administration authorities shall establish a random-inspection mechanism to inspect telecommunications business operators’ annual report information, day-to-day business activities, implementation of the relevant provisions of the State and the telecommunications administration authorities, and the like.
The telecommunications administration authorities may adopt such methods as documentary inspection, on-site verification, and network monitoring, and may entrust third-party institutions to carry out the relevant inspection work.
Where, in the course of a random inspection, a telecommunications administration authority discovers that a telecommunications business operator has committed an unlawful act in violation of the telecommunications administration provisions, it shall handle the matter in accordance with law.
Article 37. The telecommunications administration authorities shall, on the basis of random inspections, day-to-day supervision and inspection, administrative penalty records, and the like, establish a telecommunications business operations poor-record list and a telecommunications business operations breach-of-trust list.
The telecommunications business operations poor-record list and breach-of-trust list shall be updated periodically through the administration platform and announced to society.
Article 38. Where a telecommunications administration authority discovers that a telecommunications business operator has not reported its annual report information in accordance with Article 35 of these Measures, it shall require the operator to report within a time limit. Where a telecommunications business operator fails to report its annual report information within the time limit required by the telecommunications administration authority, the telecommunications administration authority shall place it on the telecommunications business operations poor-record list.
A telecommunications business operator placed on the telecommunications business operations poor-record list in accordance with the preceding paragraph shall, upon performing its obligation to report annual report information in accordance with these Measures, be removed from the list after confirmation by the telecommunications administration authority.
Article 39. Where a company approved to operate a telecommunications business on a cross-regional basis establishes, changes, or closes a branch in a relevant province, autonomous region, or municipality directly under the Central Government, it shall, within 30 days from the date of making the decision, submit the relevant information to the original issuing authority and the local telecommunications administration authority through the administration platform.
The communications administration of a province, autonomous region, or municipality directly under the Central Government shall supervise and inspect the relevant circumstances of a cross-regional telecommunications business operator’s conduct of telecommunications business in the locality, and shall report the relevant inspection results to the Ministry of Industry and Information Technology.
Article 40. In conducting supervision and inspection, a telecommunications administration authority may not impede the normal production and business activities of telecommunications business operators, and may not charge any fees.
When conducting supervision and inspection, a telecommunications administration authority shall record the circumstances and the results of its handling of the supervision and inspection, which shall be signed by the supervision and inspection personnel and then archived.
A telecommunications administration authority shall announce the circumstances of its supervision and inspection through the administration platform.
Article 41. A telecommunications administration authority shall announce to society, through the administration platform, the circumstances in which a telecommunications business operator has been subjected to administrative penalties, and shall notify the relevant basic telecommunications business operators and the value-added telecommunications business operators that provide access services.
Article 42. Where a telecommunications business operator is subjected to an administrative penalty by a telecommunications administration authority, the telecommunications administration authority shall place it on the telecommunications business operations poor-record list within 30 days from the date of making the administrative penalty decision; however, where it is subjected to the penalty of revocation of its Operating License by the telecommunications administration authority, or where a circumstance for direct inclusion on the telecommunications business operations breach-of-trust list as provided in these Measures exists, it shall be placed directly on the breach-of-trust list.
Where a telecommunications business operator placed on the telecommunications business operations poor-record list is not again subjected to an administrative penalty by a telecommunications administration authority within 1 year, the telecommunications administration authority shall remove it from the poor-record list; where, within 3 years, it is again subjected to the penalty of being ordered to suspend operations for rectification or of having its Operating License revoked by a telecommunications administration authority, or where another circumstance provided by the Ministry of Industry and Information Technology exists, the telecommunications administration authority shall place it on the telecommunications business operations breach-of-trust list.
Where, after being placed on the telecommunications business operations breach-of-trust list, an operator is not again subjected to an administrative penalty by a telecommunications administration authority within 3 years, the telecommunications administration authority shall remove it from the breach-of-trust list.
When an operator is placed on or removed from the telecommunications business operations breach-of-trust list, its principal operating and management personnel shall be placed on or removed from the list at the same time.
Article 43. The telecommunications administration authorities shall carry out key supervision of telecommunications business operators placed on the telecommunications business operations poor-record list and breach-of-trust list.
When a basic telecommunications business operator or a value-added telecommunications business operator that provides access services provides network access, the collection of fees on behalf of others, or business cooperation to other value-added telecommunications business operators, it shall treat the telecommunications business operations poor-record list and breach-of-trust list as an important factor for consideration.
Article 44. Any organization or individual that discovers a telecommunications business operator violating the telecommunications administration provisions in a manner that should be subject to administrative penalty may report it to the relevant telecommunications administration authority.
Chapter VIII — Legal Liability
Article 45. Where a party conceals relevant information or provides false materials in applying for a telecommunications business license, the telecommunications administration authority shall refuse to accept the application or refuse to grant the administrative license and shall give a warning, and the applicant may not apply again for that administrative license within 1 year.
Where a party obtains a telecommunications business license by deception, bribery, or other improper means, the telecommunications administration authority shall withdraw the administrative license, give a warning, place the party directly on the telecommunications business operations breach-of-trust list, and, depending on the seriousness of the circumstances, impose a fine of 5,000 to 30,000 yuan; the applicant may not apply again for that administrative license within 3 years; where a crime is constituted, criminal liability shall be pursued in accordance with law.
Article 46. Where, in violation of the provisions of the first paragraph of Article 16 and the first paragraph of Article 28 of these Measures, a party operates a telecommunications business without authorization or operates a telecommunications business beyond its scope, it shall be punished in accordance with Article 69 of the “Regulations on Telecommunications of the People’s Republic of China”; where the circumstances are serious and the penalty of being ordered to suspend operations for rectification is imposed, the party shall be placed directly on the telecommunications business operations breach-of-trust list.
Article 47. A violation of the provisions of Article 19 of these Measures shall be punished in accordance with Article 68 of the “Regulations on Telecommunications of the People’s Republic of China.”
Article 48. Where there is a violation of the provisions of the second paragraph of Article 4, Article 20, Article 22, Article 23, Article 24, Article 29, Article 31, or the third paragraph of Article 35 of these Measures, the telecommunications administration authority shall order corrections, give a warning, and may also impose a fine of 5,000 to 30,000 yuan.
Where the “Cybersecurity Law of the People’s Republic of China” or the “Regulations on Telecommunications of the People’s Republic of China” provides for legal liability for the circumstances referred to in the preceding paragraph, the telecommunications administration authority shall handle the matter in accordance with those provisions.
Article 49. A party that is dissatisfied with an administrative licensing decision or an administrative penalty decision made by a telecommunications administration authority may, in accordance with law, apply for administrative reconsideration or bring an administrative lawsuit.
Where a party neither applies for administrative reconsideration nor brings an administrative lawsuit within the time limit, and also fails to perform the administrative penalty decision, the telecommunications administration authority that made the administrative penalty decision shall apply to the people’s court for compulsory enforcement, and shall place the party on the telecommunications business operations breach-of-trust list.
Article 50. Where a staff member of a telecommunications administration authority neglects their duties, abuses their powers, or engages in malpractice for personal gain in the administration of Operating Licenses, and a crime is constituted, the matter shall be transferred to the judicial authorities for pursuit of criminal liability in accordance with law; where a crime is not yet constituted, the staff member shall be given a sanction in accordance with law by their work unit or the competent authority at a higher level.
Chapter IX — Supplementary Provisions
Article 51. Operating Licenses shall be printed uniformly by the Ministry of Industry and Information Technology.
Article 52. A telecommunications administration authority may, with reference to these Measures, organize and carry out commercial trial activities for telecommunications businesses.
Article 53. These Measures shall take effect as of September 1, 2017. The “Measures for the Administration of Telecommunications Business Licensing” promulgated on March 5, 2009 (Order No. 5 of the Ministry of Industry and Information Technology) are repealed at the same time.
Closing
The original document was published in Chinese by the Ministry of Industry and Information Technology; 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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