Chinese ICP - Internet Contents Provider

 

The company is issued an ICP license. The ICP certification is issued for internet content, e.g., domain name, app, IP address, etc.

What types of ICP certification you can request will depend on your Chinese company's ICP license.

The certification process is for public internet content only. If content is for a company’s internal use and not accessible to the public, then certification is not required. If a domain name is used to access the company’s information online, it may need ICP certification, even if it is only a login screen.\

There are different types of ICP depending on whether you are just publishing content, trading online or in a data centre.

Here are examples of the different certification types;

Business internet content (this covers most content with some exceptions below).

Business online trading (this covers most products/services with some exceptions below)

A summary of areas that need additional ICP agreement

• Electronic bulletins
• Medicine/drugs
• Medical
• Broadcasting: TV, Radio, etc
• News
• Videos
• Banking, stock trading, auctions, payment, etc.
• Electronic data interchange (EDI) telecommunications, data centres, call centres

This is just a summary of the date this paper was published.

Chinese ICP website can be found at;

http://www.beian.miit.gov.cn

This website is only in Chinese. It can be viewed using a Chrome browser with the translate option switched on. Only a Chinese business can apply for ICP incense.

In the main, the Chinese authorities monitor internet content based around

• Domain names published on Chinese IP addresses
• Public internet ports: 80. 8080, 443

A port number identifies a specific process to which an Internet or other network message will be forwarded when it arrives at a server. The default port for a domain name is 80.

To that end, you can test your internet content in mainland China at a different port before you open the public port. This is what we call port mapping. Many internet services in China, including Access to China, offer this server through the firewall.

Once you open the public Ports, you will need an ICP certification;

The certification is based on the domain name, APP, and Chinese IP address.

Once the certification has been issued, you must add the certification number to the internet contents footer. The ICP information should have an active link to the Chinese government ICP website, e.g.

苏ICP备10037052号-2

The main number is your company's ICP number. The end number is for each domain your Chinese company uses.

You only need one ICP certification for the primary domain if using subdomains. This is how Alibaba and Tencent operate their B2B and B2C websites and social media using multiple subdomains.

If there is a problem with the internet content, the Chinese authorities will close the IP address. Therefore, hosting a shared IP address in China is not recommended. To avoid your business internet presence being closed due to another company’s ICP problem if you share an IP address.

When adding a domain to your Chinese company profile for the first few times, it is best to inform the ICP authorities first. They usually respond, “Let us know when the public ports are open, and we will review.” Building up trust with the ICP authorities over time helps greatly.

ICP certification authorities, in addition to the main points above, will confirm that your domain name does not conflict with any brand names registered. If it is, you must use a different domain in China—another good reason to register your company brand in China at the outset.

Another check the authorities will make is to ensure your internet content matches the terms of your company's set-up. For example, if you have building material in your internet content, then the company's terms must say “Building Material.” If not, the Chinese authorities will ask for it removed or request a change in company trading terms.

Do you need a Chinese ICP certificate?

If you need an ICP certificate, you must create a Chinese company, apply for an ICP license, and request an ICP certification for each website you publish.

Alternatively, an agreement can be reached with a Chinese company with an ICP licence and use their ICP certification.

The issue with this approach is that the Chinese company with the ICP license is legally responsible for any internet content you publish within China.

Online trading inside mainland China requires a Chinese payment system, local sales tax, company returns and company tax. If you use a third-party company in China for your ICP certificate, they must be responsible for these tasks.   

 

 

 

 

Notes:

* You will need a Chinese business if you use a Chinese e-Mall service in mainland China. The Chinese e-mail providers get around this problem by having overseas customers use their services in Hong Kong and then display the overseas products in the search results inside China. TMall calls these products “trading without borders.”

** Chinese social media accounts can often be created outside China, e.g., a WeChat account. However, an overseas account has limitations inside mainland China. If you wish to create a business social media account in the mainland, you will require a Chinese business.

*** Running software for a Chinese business within China will require the Chinese customer to obtain ICP certification.

**** Only required if your software is trading online.

Chinese ICP monitoring

The internet in mainland China is monitored for inappropriate use.

Your internet content is monitored inside China regardless of where it is published and on what platform/service. Content monitoring is prioritised based on its use in mainland China and worldwide. Internet content with only a few visitors will not usually attract attention. 

If you have an ICP license, in addition to ongoing reviews, all your internet content will be reviewed each time new domains / IP addresses are added to your license.

The rules and regulations are updated regularly to account for the changing use of the Internet and the new services offered. Most of the updates protect internet users from poor or misleading internet practices.

To that end, internet content published in mainland China is subject to review by local and national monitoring. This review includes but is not exclusive to;

• Publishing misinformed information. e.g. reporting an earthquake when it has not happened.
• Reporting false information
• On-line gaming, which includes gambling
• Pornographic material
• Incorrect use / missing ICP certification.
• National security issues. (The same as the rest of the world)
• Internet security issues.
• Inappropriate political comments

While many overseas commentators believe the Chinese monitoring of the internet is suppressive, most of the controls are there to protect the internet user. Many political comments are allowed, such as green issues and local corruption.

The contents of overseas internet will be reviewed occasionally, and if they are not appropriate for Chinese internet, the IP address will be closed.

If an overseas platform allows the Chinese authorities to “take down” inappropriate content for the Chinese internet, then the platform could remain accessible in China. However, most / all international platforms do not allow Chinese authorities to request international content be removed from the Chinese internet. Therefore, inappropriate content means that access to overseas platforms in China is blocked.

Overseas companies that do not agree with this censorship have developed platform services in China, allowing Baidu, Alibaba, and Tencent to dominate the Chinese internet. 

Web page last modified: v3.4. -  August 2018