China Internet Domain Name Regulations
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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.
