Supervision and Guidance Regulations for Internet Protocol (IP) Address and Domain Name Registration and Management Services
Seventeen articles in total, as
promulgated and published by Directorate General of Telecommunications,
Ministry of Transportation and Communications with Order number Tien-Hsin-Kung-Tzu 09205005800 dated
These Regulations are promulgated in accordance with Article 20-1 of the Telecommunications Law (hereinafter referred to as the “Law”)
The terms used in these Regulations shall bear the following definitions:
I. Internet Protocol Address: The address allocated to an Internet server in accordance with TCP/IP (Transmission Control Protocol/Internet Protocol) to identify the location of the Internet Host.
II. Domain Name: The combination of characters or figures, mapping to an Internet Protocol Address, to facilitate Internet users to memorize the address of a TCP/IP Host.
III. Domain Name System (“DNS” in abbreviation): The hierarchical system with top-down authorized management, for mapping and transferring between Domain Name and Internet Protocol Address and other data.
IV. Internet Protocol Address Registration and Management Services: The services, with the Internet Protocol Address registration data to manage National Internet Registry (NIR), to provide normal operation and relevant registration management and services of Reverse Domain Name System.
V. Domain Name Registration and Management Services: The services, with the data to manage the “.tw” Top Level Domain (TLD) or other Domain Name representing the Republic of China Domain Name registration, to provide normal operation of Domain Name registration and management related services.
VI. Registry: A juristic person of non-profit organization participated in the Internet Protocol Address of Domain Name Registration and Management Services.
VII. Registrar: A juristic person participated in the registration services under the authorization of a Registry.
VIII. Registrant: One who executes the contract with the Registry to apply for the services of Internet Protocol Address or Domain Name allocated by the Registry.
The Directorate General of Telecommunications, Ministry of Transportation and Communications (hereinafter referred to as “DGT”), shall be the competent authorities in the supervision and guidance over the services regarding registration and management of Internet Protocol Addresses and Domain Names.
One shall not engage in the Internet Protocol Address Registration and Management Services without the authorization of an international organization enabling one to obtain and to allocate Internet Protocol Addresses; One shall not engage in the Domain Name Registration and Management Services without the authorization of an international organization empowering one the “.tw” TLD or other symbol(s) representing this country.
The aforementioned “international organization” shall be promulgated by the DGT.
A Registry shall submit to DGT with business proposal and documents bearing the following information one month prior to providing services:
1. Name of the applicant, name and principle office address of the statutory representative.
2. Copy of certificate of registered association or foundation and copy of ID of the statutory representative.
3. Document of authorization of an international organization as specified in Article 4.
The business proposal as provided in the preceding Section I shall bear the following items:
1. Category of services and description thereof.
2. A brief description of system and network equipments as installed, including diagrams of the system and network equipments and the item lists of these equipments as installed in all sites. Said description shall illustrate safety and backup policies for the following systems:
i. Registration and management service system.
ii. Domain Name System or Reserve Internet Protocol Address System.
iii. WHOIS database system.
3. A description illustrating the operation of worldwide Internet interconnection services.
If information/documents as provided pursuant to the preceding Section I is insufficient, DGT may order the Registry to correct before a deadline. If the Registry fails to correct before such deadline, DGT shall dismiss the application.
Any alternation of information/documents as recorded pursuant to the preceding Section I shall be reported to DGT for record within fifteen days from such alternation.
The Registry shall not commit any of the following acts in its Internet Protocol Address or Domain Name Registration and Management Services:
1. Breach of any law or regulation promulgated by a law.
2. Any act hazardous to the interconnection or operation of the Internet.
3. Any act hazardous to the national security or the public security.
4. Any act hazardous to the public order or the good moral.
If the Registry fails to secure confidentiality in communications or to provide fair services to the public in its Internet Protocol Address or Domain Name Registration and Management Services, DGT may order it to correct before a deadline.
The Registry shall promulgate Service Regulations for its Internet Protocol Address or Domain Name Registration and Management Services and shall submit such Service Regulations to DGT for record at least fourteen days before such services are commenced. This Section I shall apply to where any of such Service Regulations is altered.
The Service Regulations shall be made available at the Registry’s website and business locations, subject them to the customers’ examination; DGT may order the Registry to correct the Service Regulations before a deadline, if any of such Service Regulations damages the rights and interests of the customers or is obviously unfair.
The Service Regulations of the preceding Section I shall contain fair and reasonable service conditions and shall include the following items:
1. Content of services to be provided.
2. Schedule of fees of services.
3. Restrains and conditions applied to the use of basic information of Registrants.
4. Procedures to process customers’ complains.
5. Domain Name dispute resolution mechanism.
6. Other items relating to rights and interests of customers.
Fee collection policy of the Registry in its Internet Protocol Address or Domain Name Registration and Management Services shall be in a break-even basis.
The Registry shall organize a service rate committee consisted of experts, scholars etc. to determine its service rates. Such service rates shall be put into effect after being reported to the DGT for reference.
The Registry may authorize Registrars to conduct its Internet Protocol Address or Domain Name Registration and Management Services.
The Registry shall publish and submit to DGT for record a name list of Registrars within ten days from the effectiveness of authorization thereto.
In order to resolve disputes in the use or the ownership of a Domain Name, as complained by a third party, the Registry shall promulgate a Domain Name dispute resolution policy to govern disputes of Domain Names and shall submit such policy to DGT for record before the effectiveness of such policy; This Section I shall apply to where any part of the policy is altered.
In the Domain Name dispute resolution policy of the preceding Section I, it shall be provided that all Domain Name disputes shall be processed by specific institutes as authorized by the Registry.
Decisions as made pursuant to the Domain Name dispute resolution policy shall not hinder Registrants or third party to subject such dispute to litigation.
The Registry shall promulgate operational rules to ensure the continuation of its services, the correctness, integrity stability of its registration information and its normal operation. Such operational rules shall be submitted to DGT for record before their being enacted.
The Registry shall submit quarterly reports for its services and performances to DGT for record.
DGT shall have the right to inspect, with an authorized person with written authorization, the related equipments as installed by and the related service and operation documents of the Registry at any time. If necessary, DGT may order the Registry to provide related documents, to which order the Registry shall not refuse.
In case the Registry terminates its services, it shall report such fact to DGT for record at least six months prior to such termination and shall notify its Registrants at least three months prior to such termination.
Upon termination of the service, the Registry shall maintain correctness and wholeness of its registration information and shall transfer such registration information to the successive Registries with no charge, such that services provided may be continued; if necessary, DGT shall have the right to conduct proper means.
Domain Names with attributes indicating government agencies, educational institutes or national defense agencies shall be registered and managed by related governmental agencies based on agreements between the Registry and such governmental agencies; provided that such arrangements shall not be hazardous to the worldwide Internet interconnection and operation.
The Registry shall report the agreement to DGT for record within fifteen days after such an agreement is made.
DGT shall provide guidance and assists to the Registry in the following matters:
1. Researches on policies and technologies relating to Internet Protocol Address or Domain Name.
2. Enhancement of operational safety and functionality of Internet Protocol Address or Domain Name.
3. Training of technicians in Internet Protocol Address or Domain Name related technologies.
4. Development in technology, planning and promotion in services, all relating to Internet Protocol Address or Domain Name.
5. Planning and participation in international conferences and activities relating to Internet Protocol Address and Domain Name.
Any Registry that participated in the Internet Protocol Address or Domain Name Registration and Management Services before the promulgation and effectiveness of these Regulations shall submit, pursuant to Article 5 of these Regulations, an application to DGT for record within two months from the effectiveness of these Regulations and shall submit the Service Regulations provided in Article 7 and the Domain Name dispute resolution policy provided in Article 10, both of these Regulations, to DGT for record within three months from the effectiveness of these Regulations.
Any breach of these Regulations shall be punished according to these Regulations.
These Regulations shall take effect from the date of their publication.
 By Hubert Hsu, Attorney at Law. In case of any discrepancy between this translation and the original Chinese text, the Chinese text shall govern. Terms in this translation expressed in the singular should be construed as also including the plural, and vice versa.