Article
ICP Filing vs ICP License: Which One You Need
September 21, 2026
TL;DR
- An ICP filing (Bei'an, 备案) is the baseline registration for most mainland-hosted sites.
- An ICP license (ICP证) applies to commercial online platforms and paid services.
- Picking the wrong one means a blocked domain or a stalled launch. Classify your product before committing to hosting and entity structure.
You have decided to host in mainland China. Now every blog post seems to use “ICP filing” and “ICP license” interchangeably, and half of them contradict each other. Which one applies to your product? This article defines both, compares them side by side, and maps common product types to the right permit. This is practical guidance, not legal advice.
The 30-second answer
An ICP filing (Bei’an) is a mandatory registration for most websites hosted on mainland servers. It registers the domain and its operator with the authorities. An ICP license (ICP证) is a separate permit for commercial online platforms and paid services — marketplaces and other paid platforms, plus certain regulated categories. Most marketing and content sites need only the filing. Most transaction platforms need to assess the license.
ICP filing (Bei'an) explained
If your site runs on mainland infrastructure — Alibaba Cloud, Tencent Cloud, or another local provider — you need a filing before it can stay online. The filing ties your domain to a hosting provider and a legal operator.
Five steps, summarized:
- Entity readiness. Confirm a mainland company or qualifying partner that can hold the filing. For foreign brands this is typically a WFOE (Wholly Foreign-Owned Enterprise).
- Hosting selection. Choose a mainland provider that accepts your entity type and business category. Filing and hosting choice are interdependent — see our mainland infrastructure service.
- Document preparation. Business license, domain certificates, responsible person ID, and authorization letters.
- Submission and review. File through the provider portal; respond to regulator or provider queries. With complete documents and a qualified entity, this typically takes 2–4 weeks. For the full phase-by-phase process, see ICP Filing for Foreign Companies: Step-by-Step Timeline.
- Display and maintenance. Publish the ICP number on your site; renew or update when domains or entities change.
Operating without a filing risks domain blocking and enforcement.
ICP license (ICP证) explained
The license covers commercial activity on top of a website: marketplaces that host third-party sellers, platforms that charge for access, and certain regulated business categories. The trigger is what your product does, not where it is hosted.
A licensed platform is still a mainland-hosted site, so treat the license as a layer on top of the baseline filing — confirm the exact combination for your category with counsel.
Filing vs license at a glance
| ICP filing (Bei'an) | ICP license (ICP证) | |
|---|---|---|
| Purpose | Register a mainland-hosted site | Permit commercial online platforms and paid services |
| Typical products | Marketing sites, content sites, corporate pages | Marketplaces, paid platforms, regulated categories |
| Entity requirement | Mainland company (e.g. WFOE) or qualifying partner | Same baseline; confirm category eligibility with counsel |
| Timeline | Typically 2–4 weeks | Separate, longer permit process |
| Ongoing duties | Display ICP number; update on domain/entity changes | Set by the permit — plan for renewal |
What the filing gets you — and what it does not
The filing registers your domain and its operator with the authorities, ties the site to a hosting provider and a legal operator, and produces the ICP number you display in the footer for the life of the site. It is the gate that lets a mainland-hosted domain go live. You can verify an issued number through the public ICP filing lookup.
What it does not do:
| The filing grants | The filing does not grant |
|---|---|
| Registration of domain + operator with the authorities | Permission for paid or commercial platform activity |
| An ICP number to display for the life of the site | An audience exemption — the obligation attaches to hosting, not to where visitors sit |
| Go-live on mainland hosting | Immunity from updates when domains, entities, or services change |
| — | A substitute for the license — the filing is never a replacement |
| — | Protection for unfiled operation — running without a filing risks domain blocking and enforcement |
Which one does your product need?
| Your product | Filing | License |
|---|---|---|
| Brochure or marketing site | Required | Usually not triggered |
| Your own catalog with checkout | Required | Depends on business model — classify early |
| Marketplace with third-party sellers | Required | License territory — plan for it |
| SaaS or paid platform | Required | Likely — verify for your category |
| App or WeChat Mini Program | ICP and entity requirements still apply | Assess if the service is paid |
Consider a SaaS company that hosts its marketing site and app on mainland servers. The marketing site needs a filing, full stop. The paid platform behind it may cross into license territory. That classification decides whether launch waits on a 2–4 week filing or the longer license process — so make it before signing hosting contracts, not during launch week. We cover this assessment in our ICP compliance service, and the same filed entity underpins WeChat Mini Programs. Choosing the vehicle itself — WeChat Mini Program vs H5 vs app — is a product decision layered on the same compliance foundation.
The entity dimension: who holds the filing, who assesses the license
The filing holder must be a mainland company or qualifying partner — for foreign brands, typically a WFOE. A Hong Kong entity alone does not satisfy this requirement. The license entity baseline is the same; category eligibility depends on the business scope and should be confirmed with counsel.
Entity choice does not change the license trigger. The trigger follows the product, not the corporate structure. The same filed entity that holds the ICP filing also underpins WeChat Mini Program registration and WeChat Pay operations. For the entity comparison, see WFOE vs Hong Kong Company: ICP Filing Entity Rules Explained. For the full who-holds-what view across all six launch instruments — including the operator-held CDN license — see the obligations matrix.
The license upgrade path: when a filed site needs more
A filed site can outgrow the filing alone. The license triggers when the product model crosses into third-party-seller marketplaces, paid-access platforms, or regulated categories. A paid Mini Program, H5 service, or app follows the same assessment — the vehicle does not change the permit question. Games stack a different instrument on top of both: the separate approval layer games carry on top.
The license also has an ownership dimension: the ICP license is a value-added telecom permit, and per the 2024 foreign-investment negative list (NDRC–MOFCOM Order No. 23, effective 2024-11-01), foreign equity in value-added telecom services is capped at 50% — except for e-commerce, domestic multi-party communication, store-and-forward, and call-center services — while basic telecom requires Chinese control. A wholly foreign-owned entity therefore cannot hold the license in the capped categories, so entity structuring (for example, a joint venture at or below the cap) or a licensed-partner route becomes part of the license plan. The filing is unaffected: the filing holder stays a mainland company or qualifying partner, typically a WFOE, as described above — the cap governs only the license layer.
Hosting outside the mainland: what the license question looks like
Offshore hosting avoids the filing obligation — the filing requirement attaches to mainland hosting, not to where your visitors are. A site hosted entirely outside mainland China does not need the filing, regardless of who visits it.
Offshore hosting does not switch off the license question. A company operating only outside mainland China still assesses the license if the product model matches — marketplaces, paid platforms, regulated categories. What hosting location changes is performance, not the permit trigger. For the full offshore-hosting path, see the offshore-hosting decision, path by path.
Common mistakes
- Assuming a Hong Kong entity works. The filing holder must be a mainland-registered company or qualifying partner. A Hong Kong entity alone does not satisfy this — see WFOE vs Hong Kong Company: ICP Filing Entity Rules Explained.
- Committing hosting before checking filing fit. Your provider must accept your entity type and business category. Sign only after both check out.
- Ignoring the license question until launch week. A late “you need a license” finding stalls your launch. Classify the product first.
For quick definitions, see the glossary and FAQ hub.
Next steps
Bring your product description and we will tell you which permit applies, what entity you need, and a realistic timeline. Start with the ICP compliance service or email hello@chinagateway.pro.
Frequently asked questions
What is the difference between an ICP filing and an ICP license?
An ICP filing (Bei’an) is the baseline registration for most mainland-hosted sites — it registers the domain and its operator with the authorities. An ICP license (ICP证) is a separate, additional permit for commercial online platforms and paid services — marketplaces, paid-access platforms, and certain regulated categories. Most marketing and content sites need only the filing. Most transaction platforms need to assess the license.
Does every mainland-hosted site need the filing?
Most websites hosted on mainland servers require an ICP filing before they can stay online. The filing ties the domain to a hosting provider and a legal operator. Products that are purely informational — marketing sites, content sites, corporate pages — typically need the filing only, with no license.
If we have the filing, do we also need the license?
The trigger follows what your product does, not whether you already hold a filing. If the product model crosses into third-party-seller marketplaces, paid-access platforms, or regulated categories, the license applies on top of the filing. The filing is never a substitute for the license — both are needed when the trigger fires.
What products trigger the ICP license?
Marketplaces with third-party sellers, platforms that charge for access, and certain regulated business categories trigger the license. SaaS and paid platforms are likely — verify for your category. A paid Mini Program, H5 service, or app follows the same assessment — the vehicle does not change the permit question.
We only sell our own catalog online — is the license automatic?
No. A simple product sale does not always cross the license threshold. The answer depends on the business model — classify early rather than assume.
Can a Hong Kong entity hold the ICP filing?
No. The filing holder must be a mainland-registered company or qualifying partner — for foreign brands, typically a WFOE (Wholly Foreign-Owned Enterprise). A Hong Kong entity alone does not satisfy this requirement.
Does entity choice change the license answer?
No. The license trigger follows the product model, not the corporate structure. Whether the entity is a WFOE or another qualifying partner, the same product triggers the same permit question.
How long does each process take?
With complete documents and a qualified entity, the filing typically takes 2–4 weeks. The license is a separate, longer permit process — do not plan a launch date around the filing timeline alone.
Do offshore visitors remove the filing obligation?
No. The filing obligation attaches to mainland hosting, not to where your visitors are located. A mainland-hosted site needs the filing even if every visitor sits outside China.
What happens if we operate without the filing?
Operating a mainland-hosted site without a filing risks domain blocking and enforcement. Visitors cannot reach your site. Plan the filing before your launch date, not after.
What are the ongoing duties after the filing is approved?
Display the ICP number on the site for the life of the site. Update the filing when domains, entities, or services change. The license carries its own duties set by the permit — plan for renewal.
Does a commercial ICP license need annual reporting?
Yes. Every telecom business operation license — the ICP license included — carries an annual-report duty (年报) under MIIT's license measures (Order No. 42) and the 2017 annual-report and publication notice (工信部信管〔2017〕321号). Licensees report through MIIT's telecom market system (dxzhgl.miit.gov.cn) while the permit is valid — as 2026 evidence, Guangdong's communications administration set the supplementary-filing window at April 1–30. Refusing the duty puts a licensee on the telecom abnormal-operations list (电信业务经营不良名单), reports are spot-checked, and submitted data can still be corrected in-window without re-filing. Companies holding multiple licenses file one report per license. This telecom annual report is separate from the market-regulator annual report on the business license — see our ICP compliance service for help scoping permit duties.
We add a paid Mini Program later — does the filing cover it?
ICP and entity requirements still apply. The same filed entity underpins the Mini Program. If the Mini Program service is paid, assess the license — the filing alone does not cover paid platform activity.
Do marketplaces also need the VATS / EDI (B21) license?
A marketplace that hosts third-party sellers and processes their transactions likely triggers the ICP license and the B21 VATS license on top of the baseline ICP filing — three separate instruments. See the VATS / EDI license definition.
Related articles
ICP Filing for Foreign Companies: Step-by-Step Timeline
From permit choice to a displayed ICP number: the five phases.
WFOE vs Hong Kong Company: ICP Filing Entity Rules Explained
Which entity can hold the filing — and which cannot.
WeChat Pay for Foreign Companies: Acceptance Paths and Requirements
How the license trigger applies to marketplace and paid-platform checkout.
Not sure which permit your product needs?
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