The six departments jointly issued regulations on the administration of information release of dangerous goods on the Internet


Release time:

2022-08-04

Provinces, autonomous regions and municipalities directly under the central government public security department (bureau), Internet information office, Ministry of Industry and Information Technology, communications administration, environmental protection department (bureau), the administration for industry and commerce, the supervision and administration of production safety, public security bureau of xinjiang production and construction corps, Internet information office, bureau of industry and information technology, the environmental protection agency, the administration for industry and commerce, the supervision and administration of production safety:

The six departments jointly issued regulations on the administration of information release of dangerous goods on the Internet
Gong Tong Zi [2015] No.5
Notice on the issuance of the Regulations on the Administration of Information Dissemination of Dangerous Goods on the Internet

Gong Tong Zi [2015] No.5

Provinces, autonomous regions and municipalities directly under the central government public security department (bureau), Internet information office, Ministry of Industry and Information Technology, communications administration, environmental protection department (bureau), the administration for industry and commerce, the supervision and administration of production safety, public security bureau of xinjiang production and construction corps, Internet information office, bureau of industry and information technology, the environmental protection agency, the administration for industry and commerce, the supervision and administration of production safety:

To further strengthen the management of dangerous goods information on the Internet, standardize the information release behavior of dangerous goods practitioners, investigate and crack down on illegal and criminal activities involving dangerous goods according to law, purify the network environment, and ensure public safety, The Ministry of Public Security, the Cyberspace Administration of China, 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 have jointly formulated the Regulations on the Administration of Information Dissemination of Dangerous Goods on the Internet, which are hereby distributed to you. Please earnestly implement them in light of the local conditions.

The Ministry of Public Security

Cyberspace Administration of China

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 Administration of Information Dissemination of Dangerous Goods on the Internet

Article 1 For the purpose of further strengthening the administration of dangerous goods information on the Internet, standardizing the information release behavior of dangerous goods practitioners, investigating and cracking down on illegal and criminal activities involving dangerous goods according to law, purifying the network environment and ensuring public safety, According to the standing committee of the National People's Congress on strengthening the decision of the network information protection ", "the committee of the National People's Congress (NPC) on maintaining Internet security decisions", "advertisement law", "gun control", "law on the prevention and control of radioactive pollution and regulations on the safety management of civil explosives, the fireworks safety management regulations," hazardous chemical materials safety management regulation ", "radioactive isotopic These Provisions are formulated in accordance with laws, regulations and rules, such as Regulations on the Safety and Protection of Nuclear and radiological Devices, Regulations on the Control of Nuclear Materials, and Measures for the Administration of Internet Information Services.

Article 2 The term "dangerous goods" as mentioned in these Provisions refers to guns and ammunition, explosives, highly toxic chemicals, dangerous chemicals prone to explosive production and other dangerous chemicals, radioactive goods, nuclear materials, controlled instruments and other articles that can endanger personal safety and property safety.

Article 3 The term "dangerous goods practitioners" as mentioned in these Provisions refers to the units that have obtained the qualifications for the production, management and use of dangerous goods according to law, as well as the teaching, scientific research, social organizations and intermediary agencies engaged in the work related to dangerous goods. Specifically include:

(1) Enterprises that manufacture or sell guns or ammunition for civilian use after the public security organ has issued the License for Manufacturing Guns (Ammunition) for Civilian Use and the License for Assigning Guns (Ammunition) for Civilian Use;

(2) enterprises producing and selling civil explosive articles whose Production License and Sales License for Civil Explosive Articles have been issued by the competent department of the industry of civil explosive Articles, and blasting operation units whose Blasting Operation Unit License has been issued by the public security organ;

(3) The production and operation units of fireworks and firecrackers that have been issued by the supervision and administration department of production safety with the License for Safe Production of Fireworks and Firecrackers, the License for Fireworks and Firecrackers Operation (Wholesale) and the License for Fireworks and Firecrackers Operation (Retail);

(4) Units producing, managing or using hazardous chemicals that have been issued by the supervision and administration department of production safety with the License for Safe Production of Hazardous Chemicals, the License for the Operation of Hazardous Chemicals or the License for the Safe Use of Hazardous Chemicals;

(5) Units that produce, sell or use radioactive isotopes and radiation-ray devices after the Radiation Safety License has been issued by the competent environmental protection department;

(6) Units that hold, use, produce, store, transport and dispose of nuclear materials whose Nuclear materials License has been issued by the regulatory department of nuclear materials under The State Council;

(7) crossbow manufacturing enterprises and commercial shooting ranges approved by the public security organs, and units manufacturing and selling controlled cutting tools registered and filed by the public security organs;

(8) institutions of higher learning, scientific research institutes, social organizations, intermediary agencies and technical service enterprises engaged in the teaching, scientific research and service of dangerous goods;

(9) other dangerous goods enterprises as prescribed by laws and regulations.

Article 4 The term "dangerous goods information" as mentioned in these Provisions refers to the information on production, operation, storage and use of dangerous goods published on the Internet, including the types, properties, uses of dangerous goods, professional services for dangerous goods and other relevant information.

Article 5 of the dangerous goods from units engaged in Internet information services shall, in accordance with the "measures for the administration of Internet information service" regulation, apply for Internet information services to the department in charge of telecom value-added telecommunications business license or non-operational Internet information services to put on record formalities, and in accordance with the "computer information network security protection measures for the administration of international networking, The public security organs of the local people's governments at or above the county level shall accept the website safety inspection on the basis of the legal qualification materials for engaging in dangerous goods activities.

Article 6 After obtaining the value-added telecom business license of Internet information service or going through the filing formalities for non-operational Internet information service according to law, the dangerous goods industry entity may publish the dangerous goods information on its own website.

Individuals are prohibited from Posting dangerous goods information on the Internet.

Article 7 Access service providers shall sign agreements or confirm the provision of services with the dangerous goods business entities, and shall not provide access services to the dangerous goods business entities that have not obtained the value-added telecommunications business license or have not gone through the record formalities for non-operational Internet information services.

The access service provider shall not provide any unit or individual other than the hazardous goods industry unit with the access service of the hazardous goods information release website.

Article 8 An entity engaging in hazardous goods shall indicate the Internet information service operation license number available for inquiry or the record number, the legal qualification for engaging in hazardous goods activities, the business license and other materials on the homepage of its website.

Article 9 An entity engaging in hazardous goods shall indicate the qualifications and qualifications that the entity or individual shall have for purchasing relevant hazardous goods in a prominent position on its website:

(1) To purchase guns and ammunition for civilian use, the applicant shall hold the License for the Purchase of Guns (Ammunition) for Civilian Use issued by the public security organ of the people's government at the provincial level or the city divided into districts.

(2) buy civil explosives shall hold civil explosives industry administrative department under the State Council issued by the civil explosives production license, or the people's governments at the provincial level civil explosives industry issued by the competent department in charge of civil explosives sales license, or issued by the local people's government at the county level public security organs of the civil explosives to purchase license.

(3) To purchase fireworks and firecrackers, the wholesale enterprise shall hold the Fireworks and Firecrackers Operation (Wholesale) License issued by the production safety supervision and administration department; The retail unit shall hold the Fireworks and Firecrackers Operation (Retail) License issued by the production safety supervision and administration department; Whoever holds a fireworks evening party or other large-scale fireworks discharge activities shall hold a Fireworks Discharge Permit issued by a public security organ; Individual consumers shall purchase fireworks from the retail units holding the "Fireworks Operation (Retail) License" issued by the supervision and administration department of production safety. Wholesale enterprises purchase fireworks from fireworks production enterprises; Retail operators purchase fireworks from wholesale fireworks enterprises. Retail units and individuals are strictly prohibited from purchasing professional fireworks.

(4) The purchase of highly toxic chemicals shall be in possession of the License for Safe Production of Hazardous Chemicals issued by the supervision and administration department of safe production, or the License for the Operation of Hazardous Chemicals or the License for Safe Use of Hazardous Chemicals issued by the supervision and administration department of safe production of the people's government of the city divided into districts; Or the Purchase License for Highly Toxic Chemicals issued by the public security organ of the people's government at the county level.

To purchase hazardous chemicals that are easy to be made into explosives, one shall hold the License for Safe Production of Hazardous Chemicals issued by the supervision and administration department of safe Production, or the License for Production of Civil Explosives issued by the Ministry of Industry and Information Technology. Or the Hazardous Chemicals Management License or the Hazardous Chemicals Safe Use License issued by the production safety supervision and administration department of the district-divided municipal people's government, or the legal use certificate issued by the unit.

(5) Units purchasing radioactive isotopes shall hold a Radiation Safety License issued by the competent environmental protection department.

(6) Units purchasing nuclear materials shall hold a Nuclear Materials License issued by the regulatory department of nuclear materials under The State Council.

(7) The purchase of crossbows shall be subject to a license document approved for use by the public security organ of the provincial people's government.

(8) The purchase of daggers and three-sided scrapers shall be subject to the approval documents or certificates of the units to which they belong, and daggers are only to be purchased by soldiers, police, professional hunters and geological, exploration and other field operators, while three-sided scrapers are only to be purchased by machinery processing units.

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

Article 10 Dangerous goods practitioners are forbidden to publish dangerous goods information and establish relevant links in Internet application services other than their own websites.

The dangerous goods information released by the dangerous goods practitioners shall not contain contents that induce the illegal purchase and sale of dangerous goods.

Article 11 No unit or individual is allowed to publish on the Internet information about the manufacturing methods of dangerous goods.

Article 12 network service provider shall strengthen the management of access network station and users publish information, regularly inspect to release information, to the laws, regulations and these regulations prohibit release information or transport of dangerous goods, shall be immediately stop transmission, to eliminate the disposal measures, such as keep the relevant records, and report to the department in charge of public security organs, etc.

Article 13 of the public security, network communication, at all levels of industry and information technology, telecommunications, director of environmental protection, industrial and commercial administration, safety supervision departments within the scope of their respective responsibilities shall perform their duties according to law, perfect the dangerous goods from unit conditions about license, registration and filing, information and information release mechanism, strengthen coordinated, to prevent dangerous goods information release of illegal and criminal behavior.

Article 14 in violation of regulations, copying, distribution, dissemination, containing hazardous substances content of information, or intentionally to make illegal dangerous goods, copying, distribution, dissemination, information services, in accordance with the law to stop networking, downtime, or cancel the license for the record, the overhaul penalties such as temporarily shut down web site till shut a website; If the case constitutes an act violating the administration of public security, it shall be punished for public security administration according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 15 Any organization or individual shall have the right to report to the relevant competent authorities the illegal and criminal acts of releasing information about dangerous goods on the Internet in violation of laws and regulations or engaging in smuggling or trafficking in dangerous goods through the Internet. The department receiving the tip-off shall deal with it in a timely manner according to law and reward those who have made meritorious contributions to the tip-off.

Article 16 These Provisions shall take effect as of March 1, 2015

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