So you want to Host a Website in China. Here’s what you need.
The Internet Content Provider (ICP) license is a permit issued by the People’s Republic of China (PRC) Ministry of Industry and Information Technology (MIIT) at the provincial level. The ICP license enables PRC-based websites to operate in accordance with the law. According to Article 7 of the PRC Telecommunications Regulations, no organization or individual may engage in telecommunications business activities without obtaining an ICP license. All companies hosting internet content shall post their ICP license numbers or record-filing numbers, as visibly as possible, on the home pages of their websites.
Legislative History
This license system was established by the People’s Republic of China’s Telecommunications Regulations, promulgated in September of 2000 and revised in 2014. Additionally, detailed rules are provided in the Administrative Measures for Internet Information Services, effective since September 2000.
Classifications of ICPs and the Corresponding Permit/record-filling System
ICP licenses are classified into 2 categories: Commercial and Non-Commercial.
Commercial ICP licenses are for entities that provide compensated services online, think online subscription services. The key considerations are that money is exchanged and the online content or service is exclusive for subscribers. There are 2 subclasses for this type of license. The first is for basic services and the second for value-added services. Basic and value added services are described in detail within the regulations.
Non-Commercial ICP licenses allow entities to provide information to the public through the hosting of a website. Interestingly, a “Non-Commercial” ICP license is no obstacle to receiving payments in exchange for offline products or services. Retail businesses may use Non-Commercial ICP license to advertise products online and accept payment from customers in exchange for real world delivery of the product or service. As long as the information provided online, the product advertisements, is free and available to the public, a Commercial ICP license is not required.
Application to obtain ICPs and Examination
As mentioned above, Commercial ICPs are required to apply for a license, requiring approval of the relevant provincial authorities; while Non-Commercial ICPs are only required to make a filing with the local government.
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Commercial ICPs Providing Basic Services
In order to obtain a Basic Commercial ICP license, the following materials are required as part of the application:
- Corporate governance documentation, including Certificate of Incorporation and official documentation indicating that no less than 51% of its equity is held by the State;
- Demonstration of adequate funds and personnel to operate a website;
- A place of business and corresponding resources;
- Evidence of the applicants’ good reputation or their capability to provide long term services;
- A feasibility study report;
- A business plan and a relevant technical plan;
- An IT security plan; and
- If required, the written consent of the relevant Government departments.
For those providing services within a single province, Registered Capital is required to be at least 100 million RMB. For those operating across more than one province, Registered Capital must be at least 1 billion.
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Commercial ICPs Providing “Value-Added” Services
In order to obtain a Value-Added Commercial ICP license, the following materials are required as part of the application:
- Proof of adequate funds and personnel to operate a website;
- Corporate governance documentation including Certificate of Incorporation;
- An IT security plan;
- A business plan;
- Evidence of the applicants’ good reputation; and
- If required, written consent from certain Government departments.
For those providing services within a single province, Registered Capital is required to be at least 100 million RMB. For those operating across more than one province, Registered Capital must be at least 10 million.
Once these materials have been submitted, the application will be considered. The approval authority will have discretion as to whether to issue the license or not. The determination of the adequacy of provided documentation is solely determined by the reviewing officer.
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Non-Commercial ICPs
In order to obtain a Non-Commercial ICP license, the following materials are required to be submitted to the provincial Telecommunications Administration Authority:
- Corporate governance documentation including Certificate of Incorporation;
- List of relevant URLs; and
- For certain services, government consent is required.
Once those materials have been submitted and approved, the Provincial Telecommunications Administration Authority will issue an ICP number.