The Filing and Qualifications Required for the Legal Operation of Websites in China

The blogger recently also had to file, helplessly — overseas servers are just too slow, so I had to report to the authority again. Today let me talk about the filing and qualifications required for the legal operation of websites in our country. According to China’s “Internet Information Service Management Measures,” the state implements a licensing system for commercial websites and a filing system for non-commercial websites. That is, a proper website needs to apply for an ICP filing with the Ministry of Industry and Information Technology (MIIT); if it’s a commercial website, it also needs to apply for an ICP operating license. Website filing must be handled at the local telecommunications administration; after completing the filing, the obtained electronic verification mark is placed in the designated page directory of its website (such as the “冀ICP备12003293号” marked in my website’s footer) and linked to the MIIT filing management system. The ICP filing number is like the website’s “ID card,” and the ICP license is the website’s “business license.” (Because my personal blog is a non-profit website, I don’t need an ICP license.) So how exactly do you determine whether a website counts as a commercial website? The “Reply on Defining the Nature of Internet Information Services” gives a relevant explanation: Article 3 of the “Internet Information Service Management Measures” defines “commercial Internet information service” as activities that provide users with paid information or web page production services over the Internet, including providing users with paid specific information content, online advertising, web page production, and other online application services over the Internet. Commercial Internet information service is a profit-seeking commercial activity. Although there is a explicit regulation defining “commercial,” many netizens still have doubts — for example, how to define “paid”? Whether placing ads on a site to make a profit counts as a commercial activity has long been controversial. Some websites place ads within the site, or hang some external links, or join ad networks and theme promotions — theoretically also commercial, but so far no provincial or municipal communications administration has such a regulation. In fact, if you strictly follow the law, many websites including blogs count as commercial websites, but we still see many commercial websites go online with only a non-commercial ICP filing, such as many personal sites that publish various ads intending to make a profit. Actually, since there are relevant regulations, even if you’re not sure whether your site is commercial, wouldn’t it be once-and-for-all to just go through the procedure and get the ICP license? But the high threshold for applying for an ICP license puts it out of reach for many small sites. The ICP license must be applied for as an enterprise legal person, and should comply with Article 13 of the “Telecommunications Regulations of the People’s Republic of China” and the following conditions: 1. For operation within a province, autonomous region, or municipality directly under the central government, the minimum registered capital is 1,000,000 yuan. 2. There is a feasibility study report and relevant technical solution; 3. There are necessary premises and facilities; 4. No major illegal acts within the last three years. First, it requires an enterprise legal person, which is awkward for small personal webmasters; moreover, a registered capital of 1,000,000 yuan — many small companies and medium-small sites simply can’t meet it; then at least three years of establishment — what about a startup? In addition, according to the material submission requirements of some local communications administrations, you must also provide hard requirements such as “social security certificates for at least 8 employees for 3 months,” a house lease contract, the audit report and capital verification report of the last year, the company’s articles of association, etc. Faced with such high requirements, the mood of a startup or small webmaster can probably only be described by the phrase “I’m afraid I can’t do it.” Some commercial websites, in addition to needing the most basic ICP license, must also obtain certain business operating licenses, otherwise the website still counts as illegal operation. The main current licenses are: 1. Value-Added Telecommunications Business Operating License The Internet is considered a derivative industry of telecommunications; many telecommunications and information services provided through the public network count as value-added telecommunications business, including data access, email, voice mail, online database storage and retrieval, EDI, online data processing and transaction processing, etc. Value-added telecommunications business is further subdivided, corresponding to various licenses; among them, the ISP license for Internet access service business (such as IDC operators) and the SP license for information service business (entertainment, games, SMS, MMS, WAP, ringtone downloads, business information and location information services) are commonly used. The minimum registered capital is 1,000,000 yuan; if operating nationally or across provinces, the minimum registered capital is 10,000,000 yuan. This certificate is issued by the communications administration. Sites like Hantang Net and Android Net have obtained this certification. 2. Network Culture Operating License (文网文) Internet cultural products refer to cultural products produced, disseminated, and circulated through the Internet, mainly including: ① audiovisual products; ② game products (operating virtual currency business also requires this certificate); ③ performing arts (festival) programs; ④ artworks; ⑤ animations and other cultural products. All services involving the above must apply for the Network Culture Operating License (文网文). Basically, companies whose site names contain “XXX Network Culture Company” or “XXX Cultural Communication” need this operating certificate, otherwise it counts as illegal operation. This certificate is issued by the cultural department; sites like Douban, 4399 Game Net, and Henghua Chinese Net all show this certification at the bottom of their homepages. 3. Internet Publishing License Anyone who operates books, newspapers, periodicals, audiovisual products, electronic publications, and other publication content on the Internet, or publishes works publicly on other media, needs to apply for this. Apply to the local press and publication authority. Sites like Dangdang and JD Mall have this certificate. 4. Network Audiovisual License This certificate is issued by the radio, film, and television authority, with a registered capital requirement of over 10,000,000 yuan. Sites like Youku and Tudou need this. The approval time for this certificate is very long; without connections, approval generally takes around a year! 5. Internet News Service License In principle, websites engaged in Internet news information services within the country should obtain an Internet News Service License before operating. This certificate is issued by the State Council Information Office…