ICP Filing vs ICP License in China: A Foreign Founder's Guide to Website Compliance
A practical 2026 guide to ICP filing, Commercial ICP and EDI licenses, foreign-ownership rules, server location, penalties and China's four-zone VATS pilot.
September 8, 2026 · Hainan Setup Editorial Team · 14 min read
A foreign founder launching a China website faces three questions: filing, licensing and foreign ownership. This ICP filing vs ICP license guide applies the 2026 rules. “China website ICP registration” is a common phrase; precise term: ICP Filing. It explains the two tracks, the application path for foreign-invested companies and the compliance pitfalls to avoid in 2026.
TL;DR — China’s ICP rules in 2026 at a glance
- The current Measures are State Council Order No. 292, as amended by State Council Order No. 797, effective January 20, 2025. A draft revision published for comment in July 2026 puts them under major revision.
- An ICP filing and an ICP license are two parallel tracks, not two tiers of the same certificate. Non-commercial services follow filing; paid information services follow licensing under Article 4.
- ICP Filing review takes 20 working days and is free. A separate PSB Filing is due within 30 days after launch under Article 12 of MPS Order No. 33.
- A company website, self-operated shop and WeChat-only presence are identified cases not needing a VATS license. Filing may still apply.
- A marketplace normally needs an EDI License for B21. Commercial e-commerce EDI is open to 100% foreign ownership under MIIT Tong [2015] No. 196.
- The 2024 Negative List normally caps foreign ownership in VATS at 50%. Specified services in Beijing, Shanghai, Hainan and Shenzhen are open under the pilot; 166 foreign-invested enterprises had received pilot approvals by June 2026.
Why a 2026 refresh matters
Old guides often use obsolete text, the wrong police-filing article and the “junior license” myth. Filing, ICP and EDI differ.
ICP is the first website-launch question. See separate guides to e-commerce registration, data transfer and the Hainan Free Trade Port. Subscription businesses can use our SaaS China entry guide to connect the entity, hosting, licensing and data decisions.
What Is an ICP Filing? (The Non-Commercial Track Every China Website Needs)
Order No. 292 Article 3 distinguishes paid information services from free public, shared information; Article 4 assigns licensing to the first and filing to the second.
MIIT Order No. 33 (2005, amended 2024) requires filing for non-commercial services in mainland China. A business files with its Provincial Communications Administration through an Access Provider at beian.miit.gov.cn.
The authority has 20 working days after receiving complete materials; filing is free. Company materials normally include its license, identity documents, authenticity form and photograph. Per Tencent Cloud documentation, use a mainland registrar, align the verified domain holder with the filing entity, and complete SMS verification within 24 hours. Provider preliminary review is additional.
PSB filing is a separate 30-day duty
Correct article number
The deadline comes from Article 12, not Article 11.
Article 12 of the Measures for the Security Protection of Computer Information Networks with International Interconnections (MPS Order No. 33, 1997; revised 2011) requires relevant organizations to complete PSB (Public Security Bureau) Filing within 30 days after the network formally connects. Article 23 allows a warning or suspension for up to six months for failure to perform the duty.
Per Alibaba Cloud documentation, ICP Filing precedes PSB Filing, and a Hong Kong- or overseas-hosted site accessible in mainland China still needs PSB Filing within 30 days. This is a provider implementation statement.
MIIT Order No. 33 Article 13 requires the number, such as “京ICP备12345678号-1”, in the homepage footer with a system link. Order No. 292 Article 12 also requires prominent display.
Myth vs Fact
Myth: “An ICP filing is the junior version of an ICP license.”
Fact: they are parallel tracks. Filing is administered under MIIT Order No. 33; licensing follows MIIT Order No. 42 (2017). The trigger, authority process, output and penalties differ.
What Is an ICP License? B25 Commercial ICP — and the EDI License (B21) for Marketplaces
Order No. 292 Article 11 bars paid service by a non-commercial provider. A Commercial ICP License is the VATS License showing B25 Information Service. The Catalogue of Telecommunications Services (2015 Edition) covers publishing and delivery, search, community platforms, instant interaction, and information protection and processing.
Under MIIT Order No. 42, the applicant is a company with RMB 1 million capital for provincial business or RMB 10 million for nationwide/interprovincial business. Review takes 60 days; validity is five years, with renewal 90 days early. Provincial business goes to the province; cross-provincial and FITE applications go to MIIT. The Guangdong FAQ says dxzhgl.miit.gov.cn applications are free, with no designated intermediary.
B21 Online Data Processing & Transaction Processing covers transaction processing, electronic data interchange and network/device data processing. A third-party marketplace fits the first; a shop selling only its own goods needs no VATS license under the Guangdong FAQ. See how to set up a company in China.
MIIT Tong [2015] No. 196 opened commercial e-commerce B21 to 100% foreign ownership. Platforms publishing paid information and matching third-party transactions typically need to assess both licenses because B25 and B21 apply separately.
ICP Filing vs ICP License: The Three-Question Decision Test
- Is the server in mainland China? If yes, start with ICP Filing before launch. If it is in Hong Kong or overseas, provider documentation treats ICP Filing as unnecessary, but assess PSB Filing and access quality.
- Does the operator provide information for payment? If no, the filing track generally applies. If yes, assess B25 licensing.
- Does the platform match transactions for third-party sellers? If yes, assess B21 EDI. If it also publishes paid information, assess B25 separately.
| Dimension | ICP Filing | ICP License (B25) | EDI License (B21) |
|---|---|---|---|
| Basis | Order No. 292 Article 4; MIIT Order No. 33 | Order No. 292 Article 4; MIIT Order No. 42 | Licensing track and 2015 Catalogue |
| Use | Free public/shared information | Paid information services | Third-party transaction processing |
| Classification | Filing, not a VATS business license | B25 Information Service | B21 Online Data Processing & Transaction Processing |
| Authority | Province via Access Provider | Province or MIIT; MIIT for foreign applicants | Same licensing route |
| Portal | beian.miit.gov.cn | dxzhgl.miit.gov.cn | dxzhgl.miit.gov.cn |
| Fee | Free | Free; no designated intermediary | Free |
| Review | 20 working days after complete materials | 60 days | 60 days |
| Output | Filing number | Five-year VATS License; renew 90 days early | Five-year VATS License |
| Foreign equity | Not reviewed | Normally no more than 50%; pilot openings | Commercial e-commerce up to 100% |
| Main exposure | Rectification, RMB 10,000; closure for refusal | Confiscation and fines; possible closure | Same licensing exposure |
The Guangdong FAQ excludes self-operated e-commerce, publishing one’s own company information and a WeChat-only presence from licensing. Mainland hosting may still require filing.
The commercial boundary is not fully specified
Monetization needs a fact-specific review.
There is no nationwide official guidance on whether ad revenue, affiliate commissions or SaaS subscriptions automatically make a site “commercial”; local communications administrations decide case by case. Map the revenue model, then consult the local authority or request a filing and licensing assessment.
| Foreign-business scenario | Initial compliance path |
|---|---|
| Brand website showing company and services | Mainland server: ICP Filing; overseas server: no ICP Filing under provider practice |
| Self-operated store selling own goods | Filing; no B21/B25 license under the Guangdong FAQ |
| Marketplace with third-party sellers | Filing plus EDI License assessment; commercial e-commerce can be 100% foreign-owned |
| Paid membership, content or information platform | Filing plus B25 assessment |
| WeChat-only mini-program/account | No VATS license under the FAQ; no independent domain site means no website filing |
| App distributed and hosted in mainland China | Filing regime plus license test based on the service model |
| Paid SaaS subscription | Commercial status needs case-by-case assessment |
| Advertising or affiliate revenue | No nationwide automatic rule; seek the local administration’s view |
Order No. 292 Article 19 imposes confiscation and three to five times the illegal gains. No gains or under RMB 50,000 means RMB 100,000–1 million; serious cases may close.
China ICP License Requirements for Foreign Companies: Equity Caps and Pilot Openings
Filing does not review foreign ownership. A WFOE uses its mainland business license. Per Alibaba Cloud documentation, an overseas business without a branch may use a representative-office registration certificate. Per Tencent Cloud documentation, a foreign legal representative uses a passport; Hebei may require a Chinese responsible person, Shanghai ties the entity principal to the legal representative, and Guangdong may require a stamped Chinese translation.
The Negative List (2024 Edition, effective November 1, 2024) normally caps VATS foreign ownership at 50%. Exceptions are e-commerce, domestic multiparty communications, store-and-forward and call centers. Prohibitions are internet news, online publishing, online audiovisual programs, internet culture except music, and public internet information publishing.
State Council Order No. 534 (as revised by Order No. 752) removed foreign-investor track-record and experience conditions; MIIT approval remains. The Guangdong FAQ allows the domestic procedure below 10% foreign ownership when the Chinese party is largest.
| Rule level | Foreign-ownership position | Source |
|---|---|---|
| Default | VATS no more than 50% foreign-owned | 2024 Negative List |
| Four exceptions | E-commerce, domestic multiparty communications, store-and-forward, call centers | 2024 Negative List |
| Nationwide opening | Commercial e-commerce B21 up to 100% | MIIT Tong [2015] No. 196 |
| Four-zone pilot | IDC, CDN, ISP, all B21 and specified B25 categories have no cap | MIIT Tongxinhan [2024] No. 107 |
| Prohibited content fields | The five listed information/content services remain closed | 2024 Negative List |
| Approval | MIIT approves a Foreign-Invested Telecom Enterprise (FITE) | Order No. 534 as revised |
| Entity | Non-commercial site | B25 | B21 commercial e-commerce |
|---|---|---|---|
| Domestic company | File | Apply through provincial/MIIT route | Apply through licensing route |
| Foreign equity up to 50% outside pilot | File; no equity review | MIIT route; under 10% may qualify for domestic procedure | Up to 100% for commercial e-commerce |
| Foreign equity above 50% outside pilot | File | Normally unavailable | Commercial e-commerce remains available |
| Foreign entity registered in a pilot zone | File | Specified B25 categories have no cap | All B21 categories have no cap |
| Overseas company without mainland company | Representative-office filing path per provider documentation | Not available; license holder must be a mainland company | Not available |
| Individual | Personal filing for non-commercial use | Not available | Not available |
MIIT Tongxinhan [2024] No. 107 covers Beijing, Shanghai, Hainan and Shenzhen. It opens IDC, CDN, ISP, all B21, and B25 publishing/delivery excluding prohibited content plus information protection/processing. Registration and facilities must share the pilot region.
China had 2,220 foreign-invested telecom enterprises at end-September 2024. The first 13 pilot approvals came in February 2025, including Hainan Dun & Bradstreet and Yinuo. Per Xinhua, June 2026, 166 had pilot approval and there were more than 3,100 nationwide. On June 17, Hainan reported two more IDC approvals.
Hainan is an option, not an unrestricted telecom zone. This guide assumes no separate Hainan rules. MIIT may expand pilot regions “when appropriate”; none had been announced as of this writing. Review Hainan company registration before choosing location.
Server Location, the Filing Process, Display Rules and Penalties
MIIT Order No. 33 Articles 5 and 18 bar Access Providers from connecting unfiled operators. Per Alibaba Cloud and Tencent Cloud documentation, mainland resolution needs filing; Hong Kong and overseas hosting does not. APIs, tunnels, nonstandard ports and mainland CDN, WAF or DDoS products remain within provider checks.
Some provincial administrations reportedly require filed sites to resolve to mainland servers, per Alibaba Cloud’s rejection FAQ — practices vary. This is not a nationwide rule.
Six filing steps
- Establish a mainland entity or confirm a representative-office route; our company-setup guide explains the entity sequence.
- Move the domain to a mainland registrar if needed, complete real-name verification and align the holder with the filing entity.
- Submit through the hosting provider with identity and authenticity materials.
- Complete SMS verification within 24 hours; allow the authority’s 20-working-day review after complete materials.
- Complete PSB Filing within 30 days after launch.
- Display the ICP filing number in the footer with a link to beian.miit.gov.cn.
File changes 30 days early and cancellation on termination. Articles 20 and 21 establish annual review, but practices vary by province. Per Alibaba Cloud documentation, rejection grounds include unclear documents, ownership mismatch, an unverified domain, unsuitable name, cross-province filing, unreachable phone and missing pre-approval.
| Failure | Rule and consequence |
|---|---|
| No filing | MIIT Order No. 33 Article 22: rectify and RMB 10,000; refusal may close the site |
| Service outside filed scope | Article 22: RMB 5,000–10,000 |
| False filing data | Article 23: closure and filing cancellation |
| Number not linked to filing system | Article 25: rectify; overdue RMB 5,000–10,000 |
| Late change or cancellation | Article 26: rectify and RMB 10,000 |
| Unlicensed commercial service | Order No. 292 Article 19: confiscation, three to five times gains, or RMB 100,000–1 million; serious cases may close |
| Number not displayed | Order No. 292 Article 22: RMB 5,000–50,000 |
| Missing PSB Filing | MPS Order No. 33 Article 23: warning or suspension up to six months |
Putting It Together: A 2026 Website Compliance Checklist
Hosting and monetization choose the track; marketplaces add EDI. Test ownership against the 50% default, e-commerce opening and pilot, then maintain footer, change and PSB duties.
- Apply the three-question test to each website, app and revenue stream.
- Choose hosting: file before launching on a mainland server; for overseas hosting, assess PSB Filing and access quality.
- Test ownership, business category and pilot-region conditions before restructuring.
- Maintain the footer, file changes 30 days early and confirm the local annual-review practice.
- After launch, separately map China’s cross-border data transfer rules.
For a filing/license decision, equity structure and pilot screen, request a market-entry assessment before locking product flows. It cannot predetermine an authority’s decision.
ICP, Data Localization, and Cross-Border Data Transfer
ICP filing or licensing does not resolve data compliance. Personal information collected through a mainland-hosted website or app is separately governed by the PIPL and China data localization rules. Critical information infrastructure operators and organizations whose processing or exports reach applicable regulatory thresholds may need a CAC security assessment or standard-contract filing before data leaves China. Review the ICP track and cross-border data transfer pathway together, but document them as separate compliance workstreams.
Frequently Asked Questions
What is the difference between an ICP filing and an ICP license?
They are two parallel tracks, not tiers of one certificate. A non-commercial mainland site files under MIIT Order No. 33; paid information follows B25 under MIIT Order No. 42. Filing is free with 20-working-day review; licensing takes 60 days and lasts five years.
Do I need an ICP filing if my website is hosted outside mainland China?
Provider documentation says Hong Kong or overseas hosting does not trigger ICP Filing. Per Alibaba Cloud documentation, mainland-accessible sites still need PSB Filing within 30 days. Mainland servers, CDN or WAF trigger filing.
Can a foreign-owned company apply for an ICP license in China?
Yes, depending on category and ownership. Filing has no equity cap; licensing normally has a 50% cap and exceptions. Commercial e-commerce EDI can be 100% foreign-owned. The four-zone pilot opens specified B21/B25 services; MIIT approves FITE applications.
How to get ICP license in China?
Map the proposed paid information service to B25, then confirm the mainland applicant company’s business scope, ownership, capital and personnel. Complete ICP filing for a mainland-hosted site before applying through the telecom licensing system. MIIT Order No. 42 sets a 60-day review after complete materials. Foreign-invested applicants must also meet the applicable ownership or pilot rules; an EOR is not a substitute for the licensed operator. Plan the entity with our doing business in China guide and one-person company China guide.
What is EDI license and do I need it?
An EDI license is the B21 Online Data Processing and Transaction Processing license, which covers transaction processing, electronic data interchange and network or device data processing. A third-party marketplace normally needs a B21 assessment. Selling only your own goods and paid SaaS are not automatically the same case. The statutory licensing review is 60 days after complete materials; the capital floor is RMB 1 million for provincial operation or RMB 10 million for nationwide or interprovincial operation, and the application itself has no government fee.
What is ICP filing number and where to display it?
It is the identifier issued after a non-commercial website filing, commonly formatted like “京ICP备12345678号-1”. MIIT Order No. 33 requires the identifier at the center of the homepage footer with a link to the MIIT filing system. Failure to provide the required link can lead to rectification and, if not corrected, a RMB 5,000–10,000 fine.
Official sources
- Measures for the Administration of Internet Information Services and State Council Order No. 797
- MIIT Order No. 33 filing rules and MIIT Order No. 42 licensing rules
- Catalogue of Telecommunications Services (2015 Edition), 2024 Negative List, and Order No. 534 as revised
- MIIT Tong [2015] No. 196 and MIIT Tongxinhan [2024] No. 107
- MIIT pilot launch Q&A, first 13 approvals, June 2026 national update, and Hainan IDC update
- Guangdong Communications Administration FAQ, MPS Order No. 33, and July 2026 draft-revision notice
- ICP Filing system and VATS licensing system
This guide is for information only, not legal advice. Last verified September 6, 2026.
