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Operational ICP (information service business operation) refers to the provision of information or web page production, hard disk space rental and other service activities to Internet users for a fee through the Internet.
Non-commercial ICP refers to the provision of open and shared information services to users free of charge through the Internet. When buying a server host, they do a non-operating ICP filing.
To put it simply, the difference between business and non-business is:
1. Whether to provide paid information services, 2. The business is handled by the Communications Administration, and the non-business is the server host for the record.
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If your company is like this, whether it is operating or non-operating, the local communications authority will not accept your filing application.
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As long as the content does not involve paid information, text messages and web page production, you only need to apply for a non-business ICP filing. The Notice of the Ministry of Information Industry on Issues Concerning the Administration of Internet Information Services (Xin Bu Dian [2002] No. 413) clearly stipulates that the provision of information services to Internet users through the Internet does not involve the above-mentioned paid provision of information, web page production and other business activities are non-commercial ICPs.
Internet information services are divided into two types: commercial and non-commercial. "Commercial" or "non-commercial" is the definition of "Internet information services", and it does not mean that the profit from the sale of goods is a business ICP. Paragraph 2 of Article 3 of the Measures for the Administration of Internet Information Services stipulates that:
"For-profit Internet information services" refers to service activities such as providing information or creating web pages to Internet users for a fee through the Internet. "The information provided for a fee specifically includes: ICP's business activities such as providing charging information and charging short messages to users for the purpose of making profits; Web page production service refers to the business activities of ICP for the purpose of profit, according to the user's requirements to create a web page for them and publish it on **.
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Legal analysis: The administrative licensing system and the filing system are both handled by the first-class organs, but they are different in terms of the nature of their functions, and their differences are: 1. The nature is different.
Administrative licensing is an administrative activity in which the state administrative organ has the obligation not to act on an unspecified ordinary person in accordance with the law, and under certain conditions, the prohibition is lifted on a specific object and he is allowed to act. However, the filing of Yanxun only submitted relevant information to the state administrative organs, and did not pass the permit. 2. The role is different.
Administrative licensing is approved by the administrative department; However, the filing only supplements and improves the information. 3. Application requirements. The requirements for administrative licensing are very strict, and they need to be reviewed and approved by qualifications before they can be completed; The filing is relatively relaxed, and only relevant information needs to be provided.
4. Carry out projects. After receiving the administrative license, all projects within the scope of the license can be carried out; However, the projects that can be carried out by filing are much smaller than those of administrative licensing.
Legal basis: Company Law of the People's Republic of China
Article 6 To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this law, it shall not be registered as a limited liability company or a share****. Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.
The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.
Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. The date of issuance of this license is the date of establishment of the company. The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.
If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.
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Operational ** refers to the provision of paid information services to users Shenyan, and the need to pay for reading, sheltering and other information services is business**, according to the "Internet Information Service Management Measures", it is necessary to apply for an ICP business license.
The difference between ICP license and ICP filing is reflected in the fact that all ** must have ICP filing, but Honghulu only needs to apply for ICP license if it provides paid information services.
ICP filing refers to: non-commercial Internet information services, which refers to the service activities of providing open and shared information to Internet users free of charge through the Internet, and ICP filing.
ICP license refers to the certificate required for commercial Internet information services, i.e., ICP certificate, which is required for service activities such as providing information or web page production to Internet users for a fee through the Internet.
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The full name of the ICP business license is "Internet Information Service Business License", which refers to the service activities such as providing information or web page production to Internet users for a fee through the Internet. ICP business license is also known as: the second type of value-added telecommunications business license.
That is, network operators that provide Internet information services and value-added services to the majority of users. ICP filing, also known as domain name filing, is actually a kind of filing procedure, there is no distinction between business and non-business, as long as it is operated in China, individuals and enterprises must go through the filing procedures. The ICP filing can be completed by the server hosting provider where the ** is located, and the host will submit the relevant data to the Communications Administration where your server is located, and after the Communications Administration has passed the review, the data will be transmitted to the Ministry of Industry and Information Technology, which is the record number issued by the Ministry of Industry and Information Technology.
ICP license conditions1. Employees with relevant experience and pay social security for 3 months.
2. You need to have your own official website and proof of passing the domain name filing.
3. The ability to provide long-term customer service.
4. The registered capital is more than one million.
5. Be able to submit and obtain approval in strict accordance with the ICP process.
6. There can be no foreign capital.
ICP license processFirst: a power of attorney is required.
Second: a written application signed by a legal person.
Third: business license of the enterprise (valid copy) or certificate of pre-registered business name.
Fourth: Company profile (basic information of the company, including personnel, venues and facilities engaged in value-added telecommunication services, etc.)
Fifth: The company's latest financial statements or capital verification report approved by an accounting firm or audit firm.
Ninth: Application Form for Internet Information Service Business License.
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ICP business license refers to the value-added telecommunications business license handled by the business **. It refers to the registered capital of 1 million, domestic, operating enterprises, to the local communications management bureau for a series of procedures such as the submission of information to apply, after passing, the communications management bureau will issue a paper ICP certificate, for your company, name and domain name has a protective effect.
1. The difference between ICP business license and ICP filing is reflected in the fact that all ** must have ICP filing, but only ** who provides paid information services need to apply for ICP license.
2. The connection between the ICP business license and the ICP record is reflected in: ** You can only apply for the ICP license if you have done the ICP record, and the ICP record must be applied for in the name of the company, and the unit that provides the server must have an IDC or ISP certificate and must have done the record in the local communications management bureau.
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