Law Of The People'S Republic Of China On Keeping Confidentiality Of State Secrets

(Decree of the president of the People's Republic of China (No. twenty-eighth))

The law of the People's Republic of China on Guarding State secrets has been amended and approved by the fourteenth session of the Standing Committee of the Eleventh National People's Congress of People's Republic of China in April 29, 2010. The revised People's Republic of China's law on Guarding State secrets is now being implemented from the 1 eye of October 2010.

Hu Jintao, President of the People's Republic of China

April 29, 2010

People's Republic of China's law of guarding state secrets

(September 5, 1988, the third session of the Standing Committee of the Seventh National People's Congress adopted the fourteenth session of the Eleventh National People's Congress in April 29, 2010)

Catalog

general provisions

The second chapter is about the scope and classification of state secrets.

The third chapter

The fourth chapter is supervision and management.

The fifth chapter

Sixth chapter supplementary provisions

general provisions

Article 1 this law is formulated for the purpose of keeping state secrets, safeguarding national security and interests, and ensuring the smooth progress of reform and opening up and socialist construction.

The second state secrets are matters that are related to national security and interests, determined in accordance with legal procedures, and within a certain period of time.

The third state secrets are protected by law.

All state organs, armed forces, political parties, social organizations, enterprises, institutions and citizens have the obligation to keep state secrets.

Any act that endangers the security of state secrets must be investigated by law.

Fourth work of guarding state secrets (hereinafter referred to as confidential work), implementing the policy of actively guarding against, highlighting key points and managing according to law, ensure the safety of state secrets, and facilitate the rational utilization of information resources.

Public matters prescribed by laws and administrative regulations shall be made public according to law.

The fifth state secrecy administration department is in charge of the nationwide secrecy work.

The local level confidentiality administrative departments at or above the county level shall be responsible for the confidentiality of their respective administrative areas.

Sixth state organs and units involving state secrets (hereinafter referred to as organs and units) shall be responsible for the confidentiality of their organs and units.

The central state organs shall manage or guide the secrecy work of this system within the scope of their functions and powers.

The seventh organs and units should implement the responsibility system of confidentiality, improve the system of confidentiality management, perfect the measures of confidentiality protection, carry out publicity and education on confidentiality, and strengthen confidentiality inspection.

The eighth countries give awards to units or individuals who have made remarkable achievements in conserving, protecting state secrets and improving secret technology and measures.

The second chapter is about the scope and classification of state secrets.

Ninth the following items that involve national security and interests, which may be harmful to the security and interests of the state in the fields of politics, economy, national defense and diplomacy, should be identified as state secrets.

(1) secret matters in major decisions of state affairs;

(two) secret matters in national defense construction and armed forces activities;

(three) secret matters in foreign affairs and foreign affairs activities, and secret matters concerning external obligations to undertake confidentiality;

(four) secret matters in national economic and social development;

(five) secret matters in science and technology;

(six) safeguarding national security activities and tracing secret matters in criminal offences;

(seven) other secret matters determined by the State Secrecy administration department.

The secret items of a political party conforming to the provisions of the preceding paragraph shall be state secrets.

The secrets of tenth state secrets are classified into three levels: top secret, secret and secret.

Top secret state secrets are the most important state secrets. Disclosure will cause serious damage to national security and interests; classified state secrets are important state secrets; disclosure will cause serious damage to national security and interests; secret state secrets are general state secrets, and disclosure will cause national security and interests to be damaged.

The specific scope of the eleventh state secrets and their secret levels shall be stipulated by the state secrets administration departments separately with foreign affairs, public security, national security and other relevant central authorities.

The specific scope of military secrets and state secrets shall be stipulated by the Central Military Commission.

The provisions of the specific scope of state secrets and their classified levels shall be promulgated within the relevant scope and adjusted in time according to the circumstances.

The twelfth persons in charge of the organs and units and their designated personnel are the responsible persons responsible for the establishment, and are responsible for the determination, alteration and dissolution of state secrets of their organs and units.

If a state organ or unit decides, changes or dissolves state secrets of its organs or units, it shall submit specific opinions by the undertaker, and shall be examined and approved by the responsible person.

The thirteenth level of determination of state secrets should be observed.

Central state organs, provincial organs and authorized organs and units can determine top secret, classified and secret state secrets; the organs at the municipal level and autonomous prefecture level and the authorized organs and units can determine confidential and secret state secrets.

The specific jurisdiction and scope of authorization shall be stipulated by the state secrets administration department.

If a state organ or a unit executes a state secret matter determined by its superior, it needs to be classified and determined according to the classified level of the state secret matter to be carried out.

The lower level organs and units consider that the matters related to the secret matters arising from their organs or units belong to the secret power of the higher authorities and units. They should take confidential measures in advance, and report them to the higher authorities and units immediately.

The public security organs and state security organs shall, within their scope of work, determine the secrets of state secrets in accordance with the prescribed powers.

The fourteenth organs and units shall determine the secret level according to the specific scope of state secrets and their classified levels, and determine the duration of confidentiality and the scope of knowledge.

The duration of secrecy of fifteenth state secrets shall be limited to the necessary time limit according to the nature and characteristics of the matter and in accordance with the need for safeguarding national security and interests.

The duration of secrecy of state secrets shall be no more than thirty years unless otherwise specified, and the confidentiality level shall not exceed twenty years, and the secret level shall not exceed ten years.

Organs and units shall, according to their work needs, determine the specific duration of secrecy, decryption time or decryption conditions.

The organs and units decide on matters that need to be kept secret in the process of deciding and handling relevant matters, and decide to make them public according to their work needs.

The scope of the sixteenth state secrets shall be limited to the minimum extent according to the needs of the work.

The scope of knowledge of state secrets can be limited to specific personnel, limited to specific personnel; it can not be limited to specific personnel, but be limited to organs and units, and the organs and units should be limited to specific personnel.

Those who know the scope of state secrets and those who know state secrets for work need to be approved by the person in charge of the organs and units.

The seventeenth organs and units shall make state secret symbols for the carriers, such as paper medium, light medium, electromagnetic medium, etc., and the equipment and products that belong to the state secret.

State secrets should not be made without state secrets.

The eighteenth secrets of state secrets, the duration of secrecy and the scope of knowledge should be changed in time according to the circumstances.

The change of secret level, secrecy period and scope of state secrets shall be decided by the original authorized organ or unit, or by the higher authorities.

In case of changes in the secrets, confidentiality and scope of state secrets, the authorities, units or personnel within the scope shall be informed in writing.

The nineteenth state secrets shall be declassified by the time limit of secrecy.

Organs and units shall regularly examine the state secrets determined.

If the scope of confidentiality is not adjusted as a state secret matter within the duration of secrecy, or it will not harm national security and interests after disclosure, it shall be declassified in time if there is no need for further secrecy. If a period of secrecy is required, the period of secrecy should be re established before the expiration of the original secrecy period.

The early declassified or extended secrecy period shall be decided by the original authorized organ or unit, or by the higher authorities.

If the twentieth organs or units are not clear or controversial about whether they belong to state secrets or belong to state secrets, they shall be determined by the state secrets administration departments or the secrecy administrative departments of provinces, autonomous regions and municipalities directly under the central government.

The third chapter is the confidentiality system.

The production, pmission, pmission, use, reproduction, preservation, maintenance and destruction of the twenty-first state secret carriers shall conform to the state's confidentiality provisions.

The secret carrier of the top secret state should be kept in the facilities and equipment that conforms to the standard of state secrecy, and should be appointed to the management of the special person; no copy and excerpt shall be allowed without the approval of the authorized organs, units or its superior organs; the personnel should be appointed to receive, send, pmit and carry, and should be appointed to the personnel and take the necessary security measures.

The development, production, pportation, use, preservation, maintenance and destruction of the twenty-second state secrets equipment and products shall conform to the state's secrecy regulations.

Twenty-third computer information systems (hereinafter referred to as the secret information system) to store and deal with state secrets are protected in accordance with the degree of density.

Confidential information systems should be provided with confidential facilities and equipment according to the national secrecy standard.

Secrecy facilities and equipment should be synchronized with the secret information system.

The secret information system should be put into use in accordance with the regulations and after passing the inspection.

The twenty-fourth organs and units shall strengthen the management of secret information systems, and no organization or individual shall have the following acts:

(1) connecting secret computers and classified storage devices to the Internet and other public information networks;

(two) information exchange between secret information system and the Internet and other public information networks without taking protective measures.

(three) storing and processing state secret information with non classified computers and non classified storage devices;

(four) uninstall and modify the safety technical procedures and management procedures of secret information systems without authorization.

(five) gift, sale, discarding or conversion to other uses of secret computers and classified storage devices that have not been handled by security technology.

The twenty-fifth organs and units shall strengthen the management of state secret carriers, and no organization or individual shall have the following acts:

(1) illegally obtaining and holding state secrets carriers;

(two) sale, pfer or private destruction of state secret carriers;

(three) pfer the state secrets carriers through channels such as ordinary postal service and express delivery;

(four) mail and consign a state secret carrier to leave the country;

(five) without the approval of the competent authorities, the carrier of the state secret carrier shall be carried and pmitted.

The twenty-sixth article prohibits the illegal copying, recording and storing of state secrets.

It is forbidden to pmit state secrets in wired and wireless communications on the Internet or other public information networks or in the absence of secrecy measures.

It is forbidden to involve state secrets in personal communication and communication.

The editing, publishing, printing and distribution of twenty-seventh newspapers, books, audio-visual products and electronic publications, broadcasting and television programs, and the production and broadcasting of films, and the editing and publishing of public information networks and other media such as the Internet, mobile communication networks, etc. shall comply with the relevant confidentiality provisions.

The twenty-eighth Internet and other public information network operators and service providers should cooperate with the public security organs, state security organs and procuratorial organs to conduct investigations into the divulging cases. It is found that information released by Internet and other public information networks relates to the disclosure of state secrets. It should stop pmission immediately, keep relevant records, report to the public security organs, state security organs, or confidentiality administration departments, and delete information related to divulging state secrets according to the requirements of public security organs, state security organs or secrecy administrative departments.

Twenty-ninth organs and units should abide by the confidentiality provisions when they publish information publicly and purchase projects, goods and services involving state secrets.

The thirtieth organs or units need to provide state secret matters in their external contacts and cooperation, or those who employ or employ overseas personnel who know state secrets because of their work needs should be reported to the competent departments under the State Council or the relevant competent departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government for approval, and a confidentiality agreement should be signed with the other parties.

Article thirty-first when holding meetings or other activities involving state secrets, the organizer shall take confidential measures and carry out confidentiality education for the participants, and put forward specific confidentiality requirements.

The thirty-second organs and units shall establish a secret classified or more classified or secret state secret agency as a key secrecy department. The specialized place for making, storing and keeping state secrets carriers shall be designated as the key part of secrecy, and the necessary technical protection facilities and equipment shall be equipped and used according to the state's confidentiality provisions and standards.

Thirty-third military restricted zones and other places and sites which are not open to state secrets shall be kept confidential. Without the approval of the relevant departments, they shall not arbitrarily decide to open to the outside world or expand their scope of opening.

Article thirty-fourth enterprises and institutions engaging in the production, reproduction, maintenance and destruction of state secret carriers, the integration of secret information systems, or the research and production of weapons and equipment, and other state secret businesses, shall be examined through secrecy, and the specific measures shall be formulated by the State Council.

If an institution or a unit entrusts an enterprise or a public institution to engage in a business specified in the preceding paragraph, it shall sign a confidentiality agreement with it, put forward a confidentiality requirement, and take confidential measures.

Thirty-fifth persons who work in secret posts (hereinafter referred to as secret agents) are classified into core secret personnel, important secret personnel and general secret personnel according to the degree of involvement.

Appointing and hiring secret personnel shall be examined in accordance with relevant regulations.

Secret personnel should have good political quality and conduct, and have the ability to work well in secret positions.

The legitimate rights and interests of secret personnel are protected by law.

Thirty-sixth Posts involving secret personnel should be trained through secret education and training, knowledge of confidentiality and skills, signing of confidentiality undertaking, strict compliance with confidentiality rules and regulations, and no disclosure of state secrets in any way.

Thirty-seventh the exit of secret personnel should be approved by the relevant departments. The authorities concerned do not approve the exit of the secret personnel who will cause harm to the national security or cause serious losses to the national interests.

The thirty-eighth secret personnel leave the post and leave the management.

Confidential personnel shall perform their obligations of confidentiality in accordance with the regulations in the period of divulging secrets, and shall not engage in employment in violation of regulations and shall not divulge state secrets in any way.

The thirty-ninth organs and units shall establish and improve the management system of secret personnel, clarify the rights, responsibilities and requirements of secret personnel, and conduct regular supervision and inspection of the secret personnel performing their duties.

When fortieth state personnel or other citizens discover that state secrets have been divulged or may leak, they shall immediately take remedial measures and report to the relevant organs and units in a timely manner.

After receiving reports, organs and units shall make immediate treatment and report to the confidentiality administrative departments in a timely manner.

The fourth chapter is supervision and management.

The forty-first state secrets administrative departments shall, in accordance with the provisions of laws and administrative regulations, enact confidentiality rules and state confidentiality standards.

The forty-second confidentiality administration departments shall organize publicity, education, confidentiality inspection, confidentiality protection and leak investigation in accordance with the law, and supervise and supervise the secrecy work of organs and units.

If the forty-third confidentiality administrative departments find that the state secrets are determined, altered or released improperly, they shall promptly notify the relevant organs and units to correct them.

The forty-fourth confidentiality administration departments shall check the situation of confidentiality system of organs and units, and the relevant organs and units shall cooperate with them.

If the secrecy administrative department finds that any hidden danger exists in the organs or units, it shall request them to take measures to rectify the matter within a specified time. It shall be ordered to stop using the facilities, facilities and places where there are hidden dangers. For those involved in serious violation of the confidentiality provisions, it is suggested that the relevant organs and units be given disciplinary action and pferred from the secret duty posts. If the suspected state secrets are disclosed, they should be urged to supervise and instruct the relevant organs and units to investigate and deal with them.

Those suspected of committing a crime shall be pferred to judicial organs for handling.

The forty-fifth confidentiality administration departments shall confiscate the illegally acquired and held state secret carriers discovered in the confidentiality inspection.

The forty-sixth organ handling suspected cases of divulging state secrets needs to identify whether the matter is a state secret and what kind of secret classification it belongs to. The state secrets administrative department or the provincial, autonomous region or municipality directly under the central government shall be appraised by the confidentiality administrative department.

Forty-seventh organs and units shall not be punished according to law for those who violate the provisions of confidentiality. The secrecy administrative department shall propose correction, and refuse to rectify the matter, and bring it to the next level organ or supervisory organ to handle the leaders and persons directly responsible for the organ or unit in accordance with the law.

The fifth chapter is legal liability.

Article forty-eighth in violation of the provisions of this law, one of the following acts shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

(1) illegally obtaining or holding state secrets carriers;

(two) selling, pferring or secretly destroying state secret carriers;

(three) pfer of state secrets carriers through channels such as ordinary postal service and express delivery;

(four) to mail or consign a state secret carrier to leave the country, or to carry or pmit a state secret carrier abroad without the approval of the competent authorities;

(five) illegally copying, recording and storing state secrets;

(six) state secrets involved in private communication and communication;

(seven) pmitting state secrets in wired and wireless communications on the Internet or other public information networks or in the absence of confidential measures;

(eight) connecting secret computers and classified storage devices to the Internet and other public information networks;

(nine) information exchange between secret information system and the Internet and other public information networks without taking protective measures;

(ten) storing and processing state secret information with non classified computers and non classified storage devices;

(eleven) uninstalling and modifying the safety technical procedures and management procedures of secret information systems without authorization.

(twelve) giving away, selling, discarding or converting other classified computers or classified storage devices that have not been processed by security technology.

Anyone who has not committed a crime in the preceding paragraph and does not apply punishment shall be urged by the confidentiality administration department to deal with it.

If forty-ninth organs or units violate the provisions of this Law and have serious leaks, the relevant organs and units shall be punished according to law to the persons directly in charge and other persons directly responsible for the case.

In violation of the provisions of this law, organs and units shall not be certain about the matters that should be classified, or if the matters that should not be classified must be determined, resulting in serious consequences. The relevant organs and units shall be punished according to law to the persons directly in charge and other persons directly responsible.

The fiftieth Internet and other public information network operators and service providers who violate the provisions of the twenty-eighth provision of this Law shall be punished by the public security organ or the state security organ and the competent department of information industry according to their respective duties.

Fifty-first staff members of confidentiality administration departments shall be punished according to law if they abuse their power, neglect their duties and engage in malpractices for selfish ends in performing their duties of confidentiality management. If a crime is constituted, they shall be investigated for criminal responsibility according to law.

Sixth chapter supplementary provisions

The fifty-second Central Military Commission shall, in accordance with this law, formulate the secrets regulations of the Chinese people's Liberation Army.

The fifty-third law comes into effect on October 1, 2010.