ICP Filing & License

ICP Registration is required to operate your website or app lawfully in mainland China. Learn how to obtain an ICP Filing or ICP Commercial License to host your website in Mainland China.

Introduction to China ICP License

The opportunity to make your business boom in china.

ICP stands for Internet Content Provider. An ICP license is a state-issued registration that allows a China-based website to legally operate in the country.Having an ICP license lets you host your website on a server in mainland China. It is required for all businesses that have an e-commerce site in China. It is also required for other types of sites in China.

If your site is not hosted on the mainland, you do not technically need an ICP. If you do not plan on marketing to Chinese consumers, you may not wish to go through the extensive process of acquiring an ICP.However, if you want a serious online presence in China, it is best to pursue this route. Some businesses take a chance and a site outside China hosts their website. They may hope that their website does not get blocked. They may even try to carefully avert detection by avoiding any politically sensitive keywords and are not hosted on blocked domains.

However, if their site later does get blocked, it cannot be unblocked in the future.It is also important to understand that even if you have an ICP, that is not a guarantee that your website will not be blocked.Having an ICP merely means that you are approved to host your website on a mainland Chinese server, not that your site will be visible or will not be blocked.Some businesses choose to host their Chinese website in Hong Kong to avoid the rules that apply to mainland China sites.

If you do not acquire an ICP when you need one, you will not be able to purchase hosting in mainland China. All hosts are required to ask for an ICP license before they can release server credentials to a business.If you defy the laws in China, your site can be permanently blocked and you will have no right to appeal or alter this decision. Our Legal team are familiar with ICP registration process and can help you obtain your ICP license so that you can launch a reliable website in China.

ICP Registration Categories

ICP Filling

An Internet Content Provider (ICP) filing ensures compliance with the regulations in Measures for the Administration of Internet Information Services and Registration Administration Measures for Non-Commercial Internet Information Services. The People’s Republic of China mandates an ICP filing system for non-commercial Internet information services and an ICP licensing system for commercial Internet information services. If you have not applied for and obtained an ICP filing or a commercial ICP license for your website, you cannot provide non-commercial or commercial Internet information services by using the website.

ICP License

ICP licenses are issued by the Chinese government to China-based websites and allow licensees to host websites on servers in mainland China. Without an ICP license, sites hosted on a Chinese server will not load on browsers located anywhere in the country. Its official name is 信息服务业务.It is regulated under category B25 in the Value-Added Telecommunication Services (VATS) licensing system.ICP licenses allow companies to operate China-targeted e-commerce sites. China requires a commercial ICP license for websites that generate income from online sales or advertising, in addition to websites that permit payment transactions.

PSB Filling

The ICP application, for a website that is publicly accessible on the Internet in China, is not yet complete with the receipt of the ICP Filing or the Commercial ICP license. You must register with the Public Security Bureau (PSB) within 30 days of receiving your ICP license in China.Although your website may not yet be available via a server in China during your ICP application process, the website must be accessible in China for the PSB Filing process. This is because the PSB also takes a thorough look at your website and checks that it does not contain any illegal content or content that you are not allowed to publish with your ICP license type.

Frequently Asked Questions

We offer detailed advisory to answer most of your questions about ICP formation.

Who needs a ICP License

An ICP License is required for any website that generates revenue directly from it, such as:

any commercial website (a website that is not purely informational)
paid games or games that have in-app payments and/or in-app advertising
apps that have in-app payments and/or in-app advertising
SaaS platforms
app stores or game stores
online marketplace for goods, services, or information
live streaming platforms (although an additional, separate license is also required for this) etc.

Thus, if you generate revenue from advertising or online sales and perform business that requires payments using your platform, you will need this ICP license. If your business collects membership and click fees, it is strongly recommended to have an ICP license to avoid unnecessary risks.

Also, an ICP License is issued on a per-company basis. You will still need to submit an ICP Filing for each top-level domain you use.

Can I apply for an ICP Filing before my website goes live?

Your website does not need to go live in order to apply for an ICP Filing. However, you will need to purchase a hosting server and domain before submitting the application. the domain name will also need to undergo real-name verification prior to the ICP application.

Can I apply for an ICP commercial License if I have a physical office in Mainland China?

Unfortunately, having a physical office is not enough to register for an ICP Commercial License. You must be a registered commercial business in China. In the case of a Sino-foreign joint venture, the proportion of foreign investment in the venture shall not exceed 50% you may still apply for an ICP Filing, but will not be able to run your website as a commercial site, and therefore will not be able to accept money through your site. Further, foreign companies need to apply for “foreign enterprises resident representative registration certificate” before filing.

What are the different types of ICP filing?

The People’s Republic of China implements a filing system for non-operational Internet information services and a licensing system for operational Internet information services based on the Measures for the Administration of Internet Information Services and the Measures for the Administration of Non-operational Internet Information Services issued by the Ministry of Industry and Information Technology of the People’s Republic of China. Websites for which no ICP filings or ICP licenses are obtained cannot provide Internet information services.

Therefore, websites that need to provide services in mainland China must obtain an ICP filing before the websites can provide services.

What will happen if I do not have an ICP Filing?

Websites that do not file for an ICP record cannot be accessed in Mainland China.

How many ICP Filing applications can I submit from one account?

The ICP Filing system follows a “one account, one owner” rule. This means that if you own multiple websites, you can file for all of them from a single account, so long as you are the owner listed for all the domain names you plan to register for. If you are applying for ICP Filings for sites with different owners, you’ll need one account per unique owner.

What are the requirements for ICP filings for enterprises outside mainland China?

1. ICP filing entity:
The enterprises must obtain required files, such as business licenses and registration certificates of resident representative offices of foreign enterprises.

2. Domain names:
Domain names that do not pass real-name verification cannot obtain an ICP filing. You must check whether real-name verification is completed for your domain name and make sure that the real-name verification information is consistent with that in the ICP filing. If the real-name verification information of the domain name is inconsistent with that in the ICP filing, the ICP filing fails.

3. Servers that are located in mainland China:
If your websites are hosted on an Alibaba Cloud instance, you can apply for an ICP filing in the Alibaba Cloud ICP Filing system. Make sure that the following requirements are met before you apply for an ICP filing:
-The instance is located in mainland China.
-The instance is a subscription ECS instance.

How long does it take?

You need to submit all required documents to the telecommunications management agency of the province your company is registered, online and offline. Your application shall be reviewed within 60 business days from the date of receipt. If it is approved, an ICP license shall be issued; if it is not approved, the applicant shall be notified in writing, and the reasons required to be explained.

Prerequisite of ICP Filing & License Application

One-stop solutions in line with ICP filing & license registrations.

Local Hosting Provider

All sites hosted on a server in the Chinese mainland must, by MIIT requirement, must apply for and receive an ICP registration number before the site goes live.

Domain Name Verification

Domain names that do not pass real-name verification cannot obtain an ICP filing. You must check whether real-name verification is completed for your domain name.

Website Works Properly

Build, transfer, compliment your existing website stack with a hosted onshore equivalent on the hosting provider server like Alibaba cloud, Huawei cloud etc.

China Entity Requirement

The enterprises must obtain required files, such as business licenses and registration certificates of resident representative offices of foreign enterprises.

Social Security Proof

Unlike ICP filing application, Only ICP commercial license application requires social security proof of 3-5 employees of your china entity.

Foreign Investment Proportion

The proportion of foreign investment do not exceed 49% and need to apply for a “Foreign Enterprises Resident Representative Registration Certificate”.