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What is the "ICP license" for developing IT business and web services in China?

2018.07.02

This is Ohara from the technical sales department.

is about ``ICP licenses (Internet Content Provider)'' from the perspective of ` `Alibaba Cloud,'' which has strengths in developing business services for China

*Information as of July 2018.

ICP license overview

When a foreign company develops IT business or web services in China, it is required to report and obtain an "ICP license."

is a license required when using and providing web services via the Internet , such as corporate sites, EC sites, and social games, in China, which has many unique laws and regulations.

ICP license type

As shown above, there are two types of ICP licenses.

Non-commercial ICP license

○ Target: Companies that publish websites in China (corporate sites, etc.)
○ Measures: Obtain an ICP number and submit a public security notification

Commercial ICP license

○ Target: Companies that provide commercial services in China (EC sites, social games, etc.)
○ Measures: In addition to obtaining an ICP number and public security notification, obtain a commercial ICP license.

Difference between “non-commercial ICP license” and “commercial ICP license”

The usage conditions and procedures for the "Non-Commercial ICP License" and the "Commercial ICP License" are different as described above.

The "Non-Commercial ICP License" includes news sites, bulletin board services, and blog sites, but these uses are subject to individual review.

In addition, the key point in determining which ICP license applies is whether or not online payments are available If your website has an online payment function, you will need to obtain a "Commercial ICP License".

About “Non-Commercial ICP License”

As mentioned above, the non-commercial ICP license is a prior declaration procedure (obligation) imposed on all websites originating from servers in China. In recent years, obtaining an ICP number and filing a public security notification have become a set.

Many Chinese IT infrastructure services cannot be used in the first place unless a non-commercial ICP license is declared.

If you publish your website without declaring a non-commercial ICP license, you may be subject to service suspension or penalties.

“Non-Commercial ICP License” Public Safety Notification Flow and Notation Method

The above is the flow of declaration/public safety notification for non-commercial ICP license.

*1. The domain must be purchased and acquired from a Chinese registrar.
*2. Fill in the information according to the specified writing method.

About “Commercial ICP License”

As part of the telecommunications business licensing system, China requires companies to obtain a commercial ICP license (telecommunications business license) when operating commercial businesses over the Internet, such as SaaS, ASP, EC, and games.

However, commercial ICP licenses are virtually not open to foreign companies, so in order for foreign companies to develop these businesses in China, they will need to collaborate with domestic companies or establish a business scheme.

When applying for an ICP license on Alibaba Cloud

As mentioned above, Alibaba Cloud allows you to apply for an ICP license from the cloud console.

*The application screen interface is only in Chinese, and the application form must also be filled out in Chinese.

■ Reference URL: https://beian.aliyun.com/?spm=a2cmq.17630022.0.0.7ab879fe1yPBx2

Frequently asked questions about ICP licenses

question	answer
① I am planning to create a corporate site for my Chinese subsidiary, but is it okay to use the domain of the Japanese site as is?	It is not possible to use a domain obtained from a Japanese registrar as is. When publishing a website in China, it is mandatory to declare a non-commercial ICP license and register for public security. If you wish to declare a non-commercial ICP license, you will need to obtain a new domain with a Chinese registrar.
② When setting up a server in Hong Kong, is it necessary to obtain a non-commercial ICP license?	Hong Kong and Macau are granted a high degree of autonomy as special administrative regions of the People's Republic of China, and are exempt from the scope of many Chinese laws and regulations, including the Internet Information Services Management Measures. Therefore, it is not necessary to declare a non-commercial ICP license. In addition, if Internet access from Hong Kong to mainland China is relatively smooth and it is difficult to declare a non-commercial ICP license, Hong Kong may be selected as a transit point. However, it is important to keep in mind that Hong Kong and Macau are part of China and may come under the control of Chinese authorities in the future.
③ I would like to distribute online games that are currently distributed in Japan in China.	When distributing online games in China, it is necessary to obtain multiple business licenses, but these business licenses are in fact not open to foreign companies, making it difficult for foreign companies to distribute games while remaining the operator. I am. For this reason, many foreign companies rely on Chinese partner companies with business licenses to distribute online games. In this case, in order to obtain permission to distribute online games, software copyrights in China may be transferred to a Chinese partner company.
④ I'm considering launching an e-commerce site for China, but what kind of ICP license do I need?	◇ Cross-border EC site If orders are received while the EC site is located in Japan (services such as EMS), a license is not required as Chinese law does not apply. If you only sell your own products on your own EC site ◇ If you operate an EC platform such as a mall-type EC site, store-type EC site Rakuten Market, or Amazon, you will need to obtain a commercial ICP license. *If you open a store in a Chinese e-commerce mall (such as Tmall), you do not need to obtain an ICP license as the mall itself has obtained an ICP license.
⑤ Even if there is no local subsidiary in China, is it possible to obtain an ICP license and publish a website locally in China?	No, you need to open a local corporation or some kind of Chinese office.

summary

The content was about the "ICP license," which is essential for IT business and web services for China.

If you are a company that needs to develop web services or build and operate infrastructure/servers in China, why not consider introducing Alibaba Cloud

Click here for the “ China Cloud / Server construction, operation and maintenance

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The person who wrote this article

About the author

ohara

I started my career in the telecommunications industry as a salesperson in charge of introducing IT products such as NW services, OA equipment, and groupware for corporations.

After that, he worked as a pre-sales engineer for physical servers/hosting services and as a customer engineer for SaaS-type SFA/CRM/BtoB e-commerce at an SIer-based data center business company, before joining his current company, Beyond.

Currently, I am stationed in Shenzhen, China, the Silicon Valley of Asia, and my daily routine is to watch Chinese dramas and billbill.

Qualification: Second class bookkeeping

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