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Blockchain News

New Blockchain Regulations in China Are Scary

Max Maiboroda

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New Regulations on Blockchain in China

Chinese Government issued the new set of regulations for the projects that work on blockchain. My friends, this is crucial. 

Asia Crypto Today translated the original material, published by the Chinese authorities in WeChat.

Enjoy.

Notice of the State Council Information Office of the People’s Republic of China on the management of regulations of the blockchain services for public solicitation.

Date: 2018-10-19

In order to regulate the information service activities of blockchain, promote the healthy and orderly development of blockchain service, protect the lawful rights and interests of citizens, legal persons and other organizations, to safeguard national security and public interests, our office has formulated the regulations on the management of blockchain, which is now open to the public for soliciting opinions. The public can provide feedback through the following channels and methods:

1. In China, the government legal system of the information network (http://www.chinalaw.gov.cn), enter the “laws regulations and comment system”.
2. Email: jishu10@cac.gov.cn
3. Mailing address: network data and technology bureau, national Internet information office, no. 11 Chegongzhuang Street, Xicheng District, Beijing,
Postal code: 100044, and marked “soliciting opinions” on the envelope.

The feedback deadline is November 2, 2018.

Blockchain Information Service Management Regulations (Draft for Comment)

Article 1

In order to regulate blockchain information service activities, safeguard national security and public interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote the healthy and orderly development of blockchain technology and related services, according to the “People’s Republic of China Network The Security Law, the Measures for the Administration of Internet Information Services and the Notice of the State Council on Authorizing the National Internet Information Office to Manage the Management of Internet Information Contents, shall be formulated.

Article 2

The operation of blockchain information services within the territory of the People’s Republic of China shall abide by these Provisions.
Where there are other provisions in laws and administrative regulations, such provisions shall be followed.

The blockchain information service referred to in these Provisions refers to the provision of information services to the public through blockchain technology or systems through Internet sites and application programs.

Article 3

The State Internet Information Office shall be responsible for the supervision and management of the blockchain information services throughout the country in accordance with its responsibilities. The Internet Information Office of the province, autonomous region, and municipality directly under the Central Government shall be responsible for the supervision and management of the blockchain information service within its administrative area.

Encourage blockchain industry organizations to strengthen industry self-discipline, establish and improve industry self-discipline system and industry standards, guide blockchain information service providers to establish and improve service standards, promote industry credit evaluation system construction, and urge blockchain information service providers to provide services according to law, accept social supervision, improve the professional quality of the employees, and promote the healthy and orderly development of the industry.

Article 4

The blockchain information service provider shall, within 10 working days from the date of providing the service, complete the “blockchain information service registration registration form” through the National Internet Information Office blockchain information service filing management system (hereinafter referred to as: “Registration Form” mainly includes information such as service providers, service categories, service forms, application areas, server addresses, etc., and fulfills the filing procedures.

The State Internet Information Office will adjust the “Registration Form” according to the actual situation and publicize it according to the regulations.

If the blockchain information service provider changes, cancels the service project, or the platform website, etc., it shall go through the procedures for change and cancellation within five working days from the date of change or cancellation.

Article 5

After receiving the filing materials submitted by the profiler, the Internet Information Office of the State, the province, the autonomous region or the municipality directly under the Central Government shall, within 20 working days, file the filing number, and issue the filing number to the public, and pass the national Internet information. The office blockchain information service filing management system shall announce the relevant filing information to the public; if the materials are incomplete, the filing shall not be filed, and the record holder shall be notified within 20 working days and the reasons shall be explained.

The Internet Information Office of the State, the province, the autonomous region, and the municipality directly under the Central Government shall conduct an annual review of the blockchain information service filing according to law, and the blockchain information service provider shall log in to the blockchain information service filing management system at the specified time each year to perform the annual review procedures.

Article 6

The blockchain information service provider that completes the record shall indicate its record number in a prominent position on the network platform such as the website and/or application program that it provides external services on.

Article 7

Internet information services such as news, publishing, education, medical care, medicines and etc based on blockchains shall be subject to the examination and approval of the relevant competent authorities in accordance with laws, administrative regulations and relevant state regulations, before the performance of the filing procedures. It shall be examined and approved by the relevant competent authorities in accordance with the law.

Article 8

The blockchain information service provider shall implement the responsibility of the main body of information content security management, equip professional and technical capabilities appropriate to the scale of services, and establish and improve management systems such as user registration, information review, emergency response, and security protection.

Article 9

Blockchain information service providers and users shall not use blockchain information services to engage in activities prohibited by laws and regulations that endanger national security, disrupt social order, and infringe on the legitimate rights and interests of others. Publishing and disseminating information content prohibited by laws and regulations is forbidden to use.

Article 10

The blockchain information service provider shall, in accordance with the provisions of the “Network Security Law of the People’s Republic of China”, authenticate the identity information of the blockchain information service users based on the identity card number or mobile phone number. If the user does not perform real identity authentication, the blockchain information service provider shall not provide related services.

Article 11

The information provider of blockchain information service shall have the technical conditions suitable for its service. For the information content prohibited by laws and regulations and relevant state regulations, it shall have the ability to immediately release, record, store and disseminate it. The technical plan shall comply with the relevant national standards.

Article 12

Blockchain information service providers shall formulate and publicize management rules and platform conventions, sign service agreements with blockchain information service users, clarify the rights and obligations of both parties, and require them to commit to complying with laws, regulations and platform conventions.

Article 13

Blockchain information service providers shall, in the case of blockchain information service users who violate laws, regulations and service agreements; take measures such as warning, restriction, and account closure as appropriate, and eliminate illegal information in time to prevent dissemination, keeping relevant records and reporting to relevant authorities.

Article 14

The blockchain information service provider shall record the content and log information of the blockchain information service users. The recorded backup shall be kept for six months and shall be provided when the relevant law enforcement department inquires according to law.

Article 15

The blockchain information service provider shall cooperate with relevant departments to conduct supervision and inspection according to law, provide necessary data support and technical assistance, consciously accept social supervision, set up convenient complaint reporting and entry, and promptly handle public complaints and reports.

Article 16

If a blockchain information service provider develops new products, new applications or new functions on the line, it shall report to the Internet Information Office of the state, province, autonomous region or municipality directly under the Central Government for safety assessment according to relevant regulations.

Article 17

Anyone who violates the provisions of Article 4 of these Provisions and fills in false record information shall be suspended by the Internet Information Office of the State, the province, the autonomous region or the municipality directly under the Central Government in accordance with their duties, and shall be rectified within a time limit. If it’s refused to make corrections, they shall cancel the record.

Article 18

If the blockchain information service provider violates the provisions of Article 9 of these Provisions; produces, copies, publishes, and disseminates the information content prohibited by laws and regulations and relevant state regulations; the Internet Information Office of the State, the province, the autonomous region, or the municipality directly under the Central Government shall order to suspend the service and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan until the relevant department closes the service according to law, If a serious warning is given and/or if the refusal is not corrected. Constitute a crime, be held criminally responsible.

If the user of the blockchain information service violates the provisions of Article 9 of these Provisions; and produces, copies, publishes, and disseminates the information content prohibited by laws and regulations and relevant state regulations, the Internet Information Office of the State, the province, the autonomous region, or the municipality directly under the Central Government shall comply with relevant laws and regulations. Dispose of in accordance with the provisions of administrative regulations.

Article 19

If the blockchain information service provider violates the provisions of Article 6 of these Provisions and fails to indicate its record number on its network platform; the Internet Information Office of the State, the province, the autonomous region or the municipality directly under the Central Government shall, in accordance with the duties and responsibilities, correct the time limit and refuse If it is not corrected, give a warning and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan.

Article 20

If the blockchain information service provider violates the provisions of the first paragraph of Article 4 of these Provisions and fails to perform the filing procedures in accordance with these Provisions, the Internet Information Office of the State, the province, the autonomous region or the municipality directly under the Central Government shall correct the time limit and refuse. If the correction is not serious or the circumstances are serious, a warning shall be given and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.

Article 21

If there is a hidden danger of information security in the blockchain information service provided by the blockchain information service provider, the Internet information office of the state, province, autonomous region or municipality directly under the Central Government shall, in accordance with the duties and responsibilities, rectify and suspend the service within a time limit, and shall comply with the law after the rectification. Information services may continue to be provided in accordance with relevant regulations and other relevant requirements of national mandatory standards.

– If the blockchain information service provider violates the provisions of Article 4, paragraph 2, Article 8, Article 11, Article 12, Article 15, and Article 16, the national and local Internet information’s office shall give warnings according to its duties, and order it to be corrected within a time limit;
– If the circumstances are serious and/or refuse to be corrected, it shall be ordered to suspend the service and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan;
– if it constitutes a crime, criminal responsibility shall be investigated according to law.

Where the blockchain information service provider violates the provisions of Articles 10, 13 and 14 of these Provisions, the Internet Information Office of the State, the province, the autonomous region or the municipality directly under the Central Government shall, in accordance with the provisions of the “Network Security Law of the People’s Republic of China” deal with.

Article 22 for those who engage in blockchain service before the promulgation of these regulations, relevant procedures shall be completed within 10 working days from the effective date of these regulations.

Article 23 These Provisions shall come into force from the first day of the next month.

 


P.S

The translation may not be perfect. So, if we misunderstood something, please let us know in a comments below.

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