Regulations on the Management of Internet Dangerous Goods Information Release Jointly Issued by Six Departments

Public Communication Word [2015] No. 5

　　Notice on Printing and Distributing the "Regulations on the Management of Internet Dangerous Goods Information Release"

Public Communication Word [2015] No. 5

Public Security Departments (Bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, Internet Information Offices, Departments of Industry and Information Technology, Communication Administration, Environmental Protection Departments (Bureaus), Administration for Industry and Commerce, Production Safety Supervision and Administration Bureau, Public Security Bureau of the Xinjiang Production and Construction Corps, Internet Information Office, Department of Industry and Information Technology, Environmental Protection Bureau, Administration for Industry and Commerce, Production Safety Supervision and Administration Bureau:

In order to further strengthen the management of internet dangerous goods information, standardize the information release behavior of dangerous goods operating units, investigate and deal with illegal activities involving dangerous goods according to law, purify the online environment, and ensure public safety, the Ministry of Public Security, the National Internet Information Office, the Ministry of Industry and Information Technology, the Ministry of Environmental Protection, the State Administration for Industry and Commerce, and the State Administration of Work Safety jointly formulated the "Regulations on the Management of Internet Dangerous Goods Information Release". This is now distributed to you, please implement it seriously in accordance with local actual conditions.

Ministry of Public Security

National Internet Information Office

Ministry of Industry and Information Technology, Ministry of Environmental Protection

State Administration for Industry and Commerce

State Administration of Work Safety

February 5, 2015

　　Regulations on the Management of Internet Dangerous Goods Information Release

　　Article 1 In order to further strengthen the management of internet dangerous goods information, standardize the information release behavior of dangerous goods operating units, investigate and deal with illegal activities involving dangerous goods according to law, purify the online environment, and ensure public safety, these regulations are formulated based on the "Decision of the Standing Committee of the National People's Congress on Strengthening Network Information Protection", "Decision of the Standing Committee of the National People's Congress on Maintaining Internet Security", "Advertising Law", "Gun Management Law", "Radiation Pollution Prevention Law", "Regulations on the Safety Management of Civil Explosives", "Regulations on the Safety Management of Fireworks and Firecrackers", "Regulations on the Safety Management of Hazardous Chemicals", "Regulations on the Safety and Protection of Radioactive Isotopes and Radiation Devices", "Regulations on the Control of Nuclear Materials", "Measures for the Administration of Internet Information Services", and other laws, regulations, and rules.

Article 2 The term "dangerous goods" as used in these regulations refers to items that can endanger personal safety and property safety, including firearms and ammunition, explosives, highly toxic chemicals, dangerous chemicals that can be easily made into explosives, other hazardous chemicals, radioactive materials, nuclear materials, controlled tools, etc.

　　Article 3 The term "dangerous goods operating units" as used in these regulations refers to units that have legally obtained qualifications for the production, operation, and use of dangerous goods, as well as educational, scientific research, social organizations, intermediary agencies, and other units engaged in work related to dangerous goods. Specifically includes:

(1) Civil firearm and ammunition manufacturing and distribution enterprises that have been issued a "Civil Firearm (Ammunition) Manufacturing License" and "Civil Firearm (Ammunition) Distribution License" by public security organs;

(2) Civil explosive production and sales enterprises that have been issued a "Civil Explosive Production License" and "Civil Explosive Sales License" by the competent department of civil explosives, and blasting operation units that have been issued a "Blasting Operation Unit License" by public security organs;

(3) Fireworks and firecrackers production and operation units that have been issued a "Fireworks and Firecrackers Safety Production License", "Fireworks and Firecrackers Operation (Wholesale) License", and "Fireworks and Firecrackers Operation (Retail) License" by the production safety supervision and administration department;

(4) Hazardous chemical production, operation, and use units that have been issued a "Hazardous Chemicals Safety Production License", "Hazardous Chemicals Operation License", and "Hazardous Chemicals Safety Use License" by the production safety supervision and administration department;

(5) Units that produce, sell, and use radioactive isotopes and radiation devices that have been issued a "Radiation Safety License" by the environmental protection authority;

(6) Units that hold, use, produce, store, transport, and dispose of nuclear materials that have been issued a "Nuclear Material License" by the nuclear material management department of the State Council;

(7) Crossbow manufacturing enterprises approved by public security organs, commercial shooting ranges, and controlled knife manufacturing and sales units registered with public security organs;

(8) Colleges and universities, research institutes, social organizations, intermediary agencies, and technical service enterprises engaged in teaching, research, and services related to dangerous goods;

(9) Other dangerous goods operating units as stipulated by laws and regulations.

Article 4 The term "dangerous goods information" as used in these regulations refers to information on the production, operation, storage, and use of dangerous goods published on the internet, including types, properties, uses of dangerous goods, and related information on professional services for dangerous goods.

Article 5 Dangerous goods operating units engaged in internet information services shall apply to the telecommunications authority for the Internet Information Service Value-Added Telecommunications Business Operating License or handle the filing procedures for non-operating Internet information services in accordance with the provisions of the "Measures for the Administration of Internet Information Services", and shall hold legal qualification materials for engaging in dangerous goods activities to the public security organs of the local county-level or above people's government for website safety inspection in accordance with the provisions of the "Measures for the Administration of Security Protection of Computer Information Networks Connected to the International Internet".

Article 6 After dangerous goods operating units have legally obtained the Internet Information Service Value-Added Telecommunications Business Operating License or handled the filing procedures for non-operating Internet information services, they may publish dangerous goods information on their own websites.

Individuals are prohibited from publishing dangerous goods information on the internet.

Article 7 Access service providers shall sign agreements or confirm the provision of services with dangerous goods operating units and shall not provide access services to dangerous goods operating units that have not obtained value-added telecommunications business licenses or have not handled the filing procedures for non-operating Internet information services.

Access service providers shall not provide access services for dangerous goods information publishing websites to any units or individuals other than dangerous goods operating units.

Article 8 Dangerous goods operating units shall prominently indicate on the homepage of their websites the Internet information service operating license number or filing number available for inquiry, as well as legal qualifications and business licenses for engaging in dangerous goods activities.

Article 9 Dangerous goods operating units shall prominently indicate on their website pages the qualifications and conditions that units and individuals must possess to purchase related dangerous goods:

(1) To purchase civil firearms and ammunition, one must hold a "Civil Firearm (Ammunition) Purchase Certificate" issued by the public security organs of the provincial or municipal government.

(2) To purchase civil explosives, one must hold a "Civil Explosive Production License" issued by the competent department of civil explosives under the State Council, or a "Civil Explosive Sales License" issued by the competent department of civil explosives under the provincial government, or a "Civil Explosive Purchase License" issued by the public security organs of the local county-level government.

(3) For the purchase of fireworks and firecrackers, wholesale enterprises must hold the "Fireworks and Firecrackers Business (Wholesale) License" issued by the safety production supervision and management department; retail units must hold the "Fireworks and Firecrackers Business (Retail) License" issued by the safety production supervision and management department; those holding firework displays and other large-scale firework activities must hold the "Firework Display License" issued by the public security organ; individual consumers must purchase from retail units holding the "Fireworks and Firecrackers Business (Retail) License" issued by the safety production supervision and management department. Wholesale enterprises purchase fireworks and firecrackers from fireworks and firecracker production enterprises; retail operators purchase fireworks and firecrackers from wholesale enterprises. It is strictly prohibited for retail units and individuals to purchase professional display-type fireworks and firecrackers.

(4) The purchase of highly toxic chemicals must hold the "Hazardous Chemicals Safety Production License" issued by the safety production supervision and management department, or the "Hazardous Chemicals Business License" or "Hazardous Chemicals Safety Use License" issued by the safety production supervision and management department of the municipal government, or the "Highly Toxic Chemicals Purchase License" issued by the public security organ of the county-level people's government.

The purchase of easily explosive hazardous chemicals must hold the "Hazardous Chemicals Safety Production License" issued by the safety production supervision and management department, or the "Civil Explosives Production License" issued by the Ministry of Industry and Information Technology, or the "Hazardous Chemicals Business License" or "Hazardous Chemicals Safety Use License" issued by the safety production supervision and management department of the municipal government, or a legal use certificate issued by the unit.

(5) Units purchasing radioactive isotopes must hold the "Radiation Safety License" issued by the environmental protection authority.

(6) Units purchasing nuclear materials must hold the "Nuclear Materials License" issued by the State Council's nuclear materials management department.

(7) The purchase of crossbows must hold the approval documents issued by the public security organ of the provincial government.

(8) The purchase of daggers and triangular blades must hold the approval documents or certificates from the respective unit, and daggers are limited to purchase by military personnel, police, professional hunters, and personnel engaged in field operations such as geology and exploration; triangular blades are limited to purchase by mechanical processing units.

(9) Other provisions of laws, regulations, and relevant management departments.

Article 10: It is prohibited for units engaged in dangerous goods to publish information about dangerous goods and establish related links on internet applications outside their own websites.

The information about dangerous goods published by units engaged in dangerous goods must not contain content that induces illegal purchase and sale of dangerous goods.

Article 11: It is prohibited for any unit or individual to publish information about the manufacturing methods of dangerous goods on the internet.

Article 12: Network service providers should strengthen the management of websites and user information published, regularly inspect published information, and immediately stop the transmission of information about dangerous goods that is prohibited by laws, regulations, and these provisions, take measures such as removal, keep relevant records, and report to public security organs and other competent departments.

Article 13: Public security, internet information, industry and information technology, telecommunications, environmental protection, administrative management of industry and commerce, safety supervision, and other departments at all levels shall perform their duties in accordance with the law within their respective responsibilities, improve the licensing, registration, information reporting, and information publishing mechanisms for units engaged in dangerous goods, strengthen cooperation, and jointly prevent illegal and criminal acts of publishing information about dangerous goods.

Article 14: Those who violate regulations by producing, copying, publishing, or disseminating information containing dangerous goods content, or intentionally providing services for the production, copying, publishing, or dissemination of illegal and irregular information about dangerous goods, shall be punished according to law by stopping internet access, suspending operations, revoking licenses or canceling registrations, temporarily closing websites until closure, etc.; those who constitute violations of public security management shall be punished according to law; those who commit crimes shall be held criminally responsible according to law.

Article 15: Any organization or individual has the right to report to the relevant competent departments about illegal and irregular publication of information about dangerous goods on the internet and illegal and criminal acts of smuggling and selling dangerous goods using the internet. The department receiving the report shall handle it in a timely manner according to law and reward those who provide useful information.

Article 16: These regulations shall come into effect on March 1, 2015.

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