What is the "ICP License" for developing IT businesses and web services in China?
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This article is about the ICP license (Internet Content Provider) from the perspective of Alibaba Cloud , which has strengths in developing business services for China
*Information as of July 2018
Overview of ICP License
If a foreign company wishes to develop an IT business or web service in China, it is required to apply for and obtain an "ICP license."
is required in China, where there are many unique legal regulations, when using or providing web services via the Internet, such as corporate websites, e-commerce sites, and social games
ICP License Types
There are two types of ICP licenses:
Non-Commercial ICP License
○ Target: Companies that publish websites in China (corporate websites, etc.)
○ Countermeasures: Obtain an ICP number and submit a public security notification
Commercial ICP License
○ Target: Companies that provide commercial services in China (e-commerce sites, social games, etc.)
○ Countermeasures: In addition to obtaining an ICP number and submitting a public security notification, you must also obtain a commercial ICP license.
Difference between "Non-Commercial ICP License" and "Commercial ICP License"
The terms and procedures for the "Non-Commercial ICP License" and "Commercial ICP License" are different, as described above
The "Non-Commercial ICP License" also includes news sites, bulletin board services, and blog sites, but these uses are subject to individual review
determining which ICP license applies is whether or not your website has online payment . If your website has online payment functionality, you will need to obtain a Commercial ICP License.
About the "Non-Commercial ICP License"
As mentioned above, the non-commercial ICP license is a pre-declaration procedure (mandatory) imposed on all websites that are sent from servers within China. In recent years, obtaining an ICP number and filing a public security notification have become a set procedure
Many Chinese IT infrastructure services require you to apply for a non-commercial ICP license before you can even use the infrastructure services
If you publish a website without declaring a non-commercial ICP license, your service may be suspended or you may be subject to penalties
"Non-Commercial ICP License" Public Safety Notification Process and Notation
The above is the process for filing a non-commercial ICP license and submitting a public safety notification
*1. The domain must be purchased or acquired from a Chinese registrar.
*2. Please enter the domain name according to the specified method.
About "Commercial ICP License"
As part of its telecommunications business licensing system, China requires companies to obtain a commercial ICP license (telecommunications business license) in order to operate profit-making businesses over the Internet, such as SaaS, ASP, e-commerce, and games
However, commercial ICP licenses are not effectively available to foreign companies, so in order for foreign companies to carry out these businesses in China, they must collaborate with domestic companies or set up business schemes
Applying for an ICP license on Alibaba Cloud
As mentioned above, Alibaba Cloud also allows you to apply for an ICP license from the cloud console
ICP License Frequently Asked Questions
| question | answer |
| ① I am planning to create a corporate website for my Chinese subsidiary. Is it okay to use the domain of the Japanese website as is? | It is not possible to use a domain acquired from a Japanese registrar as is
If you want to publish a website in China, you are required to apply for a non-commercial ICP license and register with the public security authorities If you apply for a non-commercial ICP license, you will need to acquire a new domain from a Chinese registrar |
| ② If I set up a server in Hong Kong, do I need to obtain a non-commercial ICP license? | As "Special Administrative Regions" of the People's Republic of China, Hong Kong and Macau enjoy a high degree of autonomy and are exempt from many Chinese laws and regulations, including the "Administrative Measures for Internet Information Services." Therefore, it is "unnecessary" to apply for a non-commercial ICP license
In addition, Internet access from Hong Kong to mainland China is relatively smooth, and in cases where it is difficult to apply for a non-commercial ICP license, Hong Kong may be chosen as a transit point However, it is important to note 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 currently available in Japan in China as well | In order to distribute online games in China, multiple business licenses must be obtained, but these licenses are not in fact open to foreign companies, making it difficult for foreign companies to distribute games as the operating entity
To achieve this, many foreign companies have their online games distributed by Chinese partner companies that have operating licenses In this case, in order to obtain permission to distribute online games, the software copyright in China may be transferred to a Chinese partner company |
| 4. I am considering launching an e-commerce site for China. What kind of ICP license do I need? | ◇ Cross-border e-commerce site If orders are received while the e-commerce site is located in Japan (services that send products via EMS, etc.), a license is not required as this is not subject to Chinese law ◇
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| ⑤ Even if we do not have a local subsidiary in China, is it possible to obtain an ICP license and publish a website in China? | No, you need to establish a local Chinese corporation or some kind of Chinese business office |
summary
The content was about the "ICP license," which is essential for IT business and web services targeting China
If you are a company that needs to develop web services or build and operate infrastructure/servers in China, why not consider adopting Alibaba Cloud?
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