People's Republic Of China Law On Guarding State Secrets

Original Language Title: 中华人民共和国保守国家秘密法

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People's Republic of China President 28th

People's Republic of China Law on guarding State secrets by the People's Republic of China Standing Committee of the 11th National People's Congress adopted at the 14th meeting, amended on April 29, 2010, now revised the People's Republic of China Law on guarding State secrets announced that as of October 1, 2010.

People's Republic of China President Hu Jintao

The April 29, 2010

People's Republic of China Law on guarding State secrets

Xinhua News Agency, Beijing, April 29-

People's Republic of China Law on guarding State secrets

(September 5, 1988 VII session of the third meeting of the Standing Committee of the national people's Congress on April 29, 2010, the 14th meeting of the Standing Committee of the 11th NPC amended)

Directory

Chapter I General provisions

Chapter II scope of State secrets and classified

Chapter III security system

Supervision and administration of the fourth chapter

The fifth chapter legal liability

The sixth chapter supplementary articles

Chapter I General provisions

The first in order to keep state secrets, safeguarding national security and interests, ensure the smooth progress of the reform and opening up and Socialist construction cause, this law is enacted.

Second State secrets is national security and interests, in accordance with legal procedure, only in a certain time is aware of a range of personnel matters.

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 actions undermining the security of State secrets, must be subject to legal action.

Article fourth State secrets work (hereinafter referred to as confidential), active policy of prevention, focus and management according to law to ensure State security, and facilitate the rational use of information resources.

Legal, administrative regulations, a public matter, it shall be open. Article fifth heads of State secrecy administration national security work.

Security administrative departments at and above the county level administrative secrecy.

Sixth State secrets, State organs and units involved (hereinafter referred to as organ or entity) managing the Administration and this unit's secrecy.

Central State organs within the framework of its terms of reference, manage or direct the security of this system.

Seventh State organs and units shall keep confidential work responsibility system, improve the security management system, improve privacy protection measures, the education of security, strengthening security checks.



Eighth State in the conservative, protecting State secrets, as well as improved security, measure units or individuals have achieved significant rewards.

Chapter II scope of State secrets and classified

Nineth concerning matters of national security and interest, after the leak could harm countries in the political, economic, security and interests in the areas of defence and Foreign Affairs, should be established as a State secret:

(A) the Affairs of State secrets in the major decisions;

(B) national defence secrets and the activities of the armed forces;

(C) diplomatic and Foreign Affairs secrets secrets, and external obligation of confidentiality;

(D) the secrets of national economic and social development;

(E) the secrets of science and technology;

(F) maintaining secrets of national security activities and the investigation of criminal offences;

(G) other matters as determined by the State secrecy administration departments.

Secrets of the political parties in accordance with the provisions of the preceding paragraph, is a State secret.

Tenth classified State secrets classified as top secret, secret, secret levels.

Top-secret level State is the most important national secrets, leaks may cause particularly severe damage to the national security and interests; State secret is an important national secrets, leaks may cause serious damage to the national security and interests; classified State secrets are usually State secrets, leaks may cause damage to the national security and interests.

11th the specific scope of the State secrets and classified, by departments of State secrecy administration jointly with Foreign Affairs, public security, national security and other relevant Central Government authorities.

Military aspects of the specific scope of the State secrets and classified by the Central Military Commission.

The scope of State secrets and the secrets of the provisions should be published within the relevant range, and adjust as appropriate.

12th State organs, heads of unit and its designated personnel responsible for key, this unit is responsible for the Agency, state identification, modification and dissolution.

Organ or unit identification, modification and rescission of the organ, the unit's State secrets, it should undertake specific comments, vetted and approved by key responsible persons.

Article 13th State secret security classification, shall comply with the powers. Central Government departments, provincial authorities and their authorized organ or unit levels can determine the top secret, confidential, and secret state secret; the city divided into districts, autonomous prefecture level authorities and their authorized organ or entity can identify secret and classified as State secrets.

Mandate of specific powers, by the National Security Administration Department. Determined by the organs and entities carry out State secrets, need keys, depending on the execution of State secrets classified setting.

Subordinate organs and entities that the authorities, matters relating to key units belonged to the superior organs, powers of the unit, shall initially take security measures, and immediately reported to higher authorities, units determined no superior authority, units, should be immediately brought to the corresponding powers of competent authorities or confidential administrative departments.

Public security and State security organs within the scope of its work in accordance with the permissions determine the security classification of State secrets.

Article 14th organ or entity arising out of a State secret shall be in accordance with the provisions of the scope of State secrets and the secrets of the secret, while determining the period and know the range.

15th period of State secrets shall be determined according to the nature and characteristics of the matter, in accordance with the needs of safeguarding national security and interests, limited period necessary; duration cannot be determined, decrypt conditions should be identified.

Period of State secrets, unless otherwise specified, top-secret level not exceeding 30 years, secret level not exceeding 20 years, secret levels do not exceed ten years.

State organs and units shall be in accordance with the needs, and identify specific periods or decrypt, decryption time conditions.

Organ or entity in decisions and identify matters requiring secrecy-related matters, according to work needs to be decided, officially released is deemed to decrypt.

16th the access scope of State secrets shall be determined according to work needs to be restricted to a minimum.

Aware of the scope of the State secrets can be limited to specific individuals, granted to specific personnel cannot be limited to specific individuals, limited to the organ or entity, qualified by the State organ or unit to specific individuals.

Persons outside the scope of State secrets is aware of, because of work, aware of State secrets shall be approved by the organ or unit head.

17th State organ or unit carrying State secrets on paper, optical media, magnetic media such as carriers (hereinafter referred to as State carrier) as well as equipment, products classified as State secrets, secrets of the State flag should be made.

Not classified as State secrets, not state flags should be made. 18th classified State secrets, confidential terms and be aware of scope should be changed according to the situation changes in a timely manner.

Scope of State secrets, secrets, confidential terms and be aware of changes decided by the original key institutions, units, or by its parent bodies.

State secrets, secrets, secrecy and access scope changes, shall promptly inform the organs, units or personnel is aware of.

19th term full confidentiality of State secrets, self decrypting. As determined by the State organs and units shall regularly review State secrets. Adjusted range in secrecy because secrecy issues ceased to exist as a State secret, or disclosure would not harm national security and interests, need not remain confidential, shall be decrypted in time; the need to extend the confidentiality period should redefine the confidentiality period before the expiry of the original period.

Decrypt in advance or extend the period, determined by the original key institutions, units, or by its parent bodies.

20th organ or entity are classified as State secrets or what secret is unclear or disputed, by the national security administration departments or provinces, autonomous regions and municipalities directly under the secrecy administrative departments.

Chapter III security system

21st national secret carrier production, receiving, delivery, use, copying, saving, maintenance and destruction, should conform to the confidentiality provisions of the State.

State secrets at the top-secret level carrier should be subject to national confidentiality standard facilities, equipment, saving, and designate a management organ or entity without the original key or by a superior authority, may not be copied and copied; receiving, delivery and carrying should be designated staff, and to take the necessary security measures.

22nd classified as State secrets, equipment, product development, production, transport, use, storage, maintenance and destruction, should conform to the confidentiality provisions of the State.

23rd storage, processing of State secrets, computer information system (hereinafter referred to as secret-involved information system) in accordance with the secret-level graded protection. Secret-involved information system shall be in accordance with national standards of confidentiality with secure facilities and equipment.

Secret facilities, equipment should be synchronized with the secret-involved information system planning, construction, run synchronously.

Secret-involved information system shall be in accordance with the provisions, after passing the examination, may be put into use.

24th State organs and units shall strengthen the management of secret-involved information system, no organization or individual shall have the following behavior:

(A) crypto-related computer storage device connected to the Internet and other public information network;

(B) in the case of protective measures have been taken, in secret-involved information system to the Internet and other public information network for the exchange of information;

(C) the use of secrecy-involved computer, non-secret storage device information storage, processing of State secrets;

(D) unauthorized uninstall, modify, secret-involved information system's security technologies, procedures, management procedures;

(E) retired to be processed without the security of secrecy-involved computer, secret storage device presented, sold, discarded or used for other purposes.
25th State organs and units shall strengthen the management of the State carrier, no organization or individual shall have the following behavior:

(A) the illegal acquisition, possession of State secrets carrier;

(B) the sale, transfer or destruction of State carrier without permission;

(C) by ordinary mail, express delivery carrier channels without security measures, such as passing State secrets;

(D) mailing, shipping carrier State secrets and exit;

(E) without the approval of the competent authorities concerned, carry, carrier of passing State secrets abroad.

26th against illicit copying, recording, storing the State secret.

Suppression of the Internet and other public information network or security measures taken in wired and wireless communication transfer of State secrets.

In private contacts or correspondence involving State secrets.

27th newspaper articles, books, audio-visual products and electronic publications editing, publishing, printing, distribution, production and broadcast of radio programs, television programs, movies, the Internet, mobile communication network and other public information network and other media for information editing, publishing, and shall comply with the relevant security regulations. 28th article Internet and the other public information network operators, and Servicers should tie police organ, and national security organ, and prosecutorial organ on leaks case for survey; found using Internet and the other public information network released of information involved leaked national secret of, should immediately stop transmission, save about records, to police organ, and national security organ or confidential administration sector report; should according to police organ, and national security organ or confidential administration sector of requirements,

Remove leaking State secret information.

29th State organs and units of the publicly available information as well as for projects involving State secrets, when purchasing goods, services, and shall abide by the confidentiality provisions.

30th State organs, foreign exchanges and cooperation needed in providing State secrets, or appointments, hiring foreigners because of work, aware of State secrets shall be reported to relevant departments under the State Council, or provinces, autonomous regions and municipalities about the approval of the competent authorities, and signed a confidentiality agreement with each other.

31st meetings or other activities that involve State secrets, the organizer shall take security measures, and the privacy of participants in education, the specific requirements of confidentiality.

32nd State organs and units shall involve top-secret level or more secret, secret level of State secrets to keep secret key departments, will focus on the production, storage, keeping state secrets special places to keep secret key parts of the carrier, in accordance with the confidentiality provisions of the State and standard equipment, protective facilities, using the necessary technical equipment.

33rd military restricted areas and classified as State secrets, is not open to the other parts of the site, and security measures should be taken, without the approval of relevant departments shall not be allowed to decide to open or expand the scope of opening.

Article 34th State carrier production, reproduction, maintenance and destruction, secret-involved information system integration, or involving State secrets such as weaponry and equipment research and production business enterprise or institution shall be subject to investigation, and the specific measures formulated by the State Council.

Departments, units commissioned enterprises and institutions engaged in business in the preceding paragraph, shall enter into a confidentiality agreement, put forward their request for confidentiality, and take security measures.

35th in the secret work of personnel (hereinafter referred to as the secret), in accordance with secret level consists of core secret personnel, key secret and classified personnel, classification and management.

Appointments, hiring key personnel involved shall be reviewed in accordance with the relevant provisions.

Secret personnel should have good political quality and character, has qualified for secret status required the ability to work.

Secret people's legitimate rights and interests protected by law.

Article 36th secret staff induction should be subject to security education and training, access to confidential knowledge skills, signed a confidentiality undertaking to strictly abide by confidentiality rules and regulations, shall not in any way divulge State secrets.

37th secret personnel exit should be approved by the departments concerned, relevant authorities think secret personnel the national security harm or causing significant damage to national interests, shall not be approved. Article 38th post implementation of separation away from the secret secret personnel management.

Key personnel away from the secret within the period in question, should be in accordance with the provisions of confidentiality obligations, shall not violate the provisions of employment shall not in any way divulge State secrets.

39th State organs and units shall establish and improve related personnel management system, clear rights, job responsibilities and requirements of the key personnel involved, to regular secret personnel perform their duties of supervision and inspection. 40th State officials or other citizens found that State secrets have been disclosed or divulged, shall take immediate remedial measures and report to the relevant State organ or unit.

Organ or unit after receiving the report, should be dealt with immediately, and timely reports to confidential administrative departments.

Supervision and administration of the fourth chapter

41st National Security Administration Department in accordance with the provisions of laws and administrative regulations, make secrecy rules and national privacy standards.

42nd confidentiality clause shall be organized and carried out the Administrative Department of security education, clearance, technical protection of confidentiality and disclosure cases, confidential guidance and supervision of the work of the organs and entities.

43rd secrecy administrative departments found that the State secret identification, improper modification or rescission, shall promptly notify the relevant State organ or unit to remedy the situation. 44th secret administration bodies, check the units comply with the secrecy of, and relevant bodies, shall cooperate with the. Confidential administration sector found organ, and units exists leaks hidden of, should requirements its take measures, deadline rectification; on exists leaks hidden of facilities, and equipment, and places, should ordered stop using; on serious violation confidential provides of involved key personnel, should recommends about organ, and units give disposition and out involved key post; found suspected leaked national secret of, should urged, and guide about organ, and units for survey processing.

A suspected crime, transferred to judicial organs for handling.

Article 45th secrecy administrative departments found in the clearance of illegal access to, hold the State carrier, shall be collected.

Article 46th organs suspected of divulging State secrets cases, need for matters classified as State secrets and what accreditation of classification levels, by the national security administration departments or provinces, autonomous regions and municipalities directly under the secrecy administrative departments to identify.

47th State organs, unit personnel for breaches of confidentiality shall be given sanctions, secrecy administrative departments should correct, refuse to correct, drawing attention to its previous level or the supervision organs of the State organ or unit leaders and persons responsible be dealt with according to law.

The fifth chapter legal liability

48th in violation of the provisions of this law, any of the following acts shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the illegal acquisition, possession of State secrets carrier;

(B) the sale, transfer or destruction of State carrier without permission;

(C) by ordinary mail, express delivery carrier channels without security measures, such as passing State secrets;

(D) mailing, shipping carrier State secrets and exit, or without the approval of the competent authorities concerned, carry, carrier passing State secrets out of the country;

(E) illicit copying, recording, storing State secrets;

(Vi) in private contacts or correspondence involving State secrets;

(VII) on the Internet and other public information network or security measures taken wired and wireless communication transfer of State secrets;

(H) the crypto-related computer storage device connected to the Internet and other public information network;

(I) in the case of protective measures have been taken, in secret-involved information system with the Internet and other public information network for Exchange of information between;

(J) the use of classified computers, non-secret storage device storage, processing of State secret information;

(11) without uninstalling, modifying the secret-involved information system security technology programs, management programs;

(12) retired to be processed without the security of secrecy-involved computer, secret storage device giving, selling, discarded or used for other purposes.

The preceding paragraph does not constitute a crime, and does not apply disposition of personnel, by the Security Administration Department to urge their organs or entities to deal with it.

49th State organs, in violation of the provisions of this law, cases of major leaks by the relevant organ, unit directly in charge of personnel and other persons given sanctions; does not apply in disciplinary personnel, be dealt with by the Security Administration Department urged its competent authorities.

Authorities, in violation of the provisions of this law, should be key indefinite secret or not should be secret keys, resulting in serious consequences, directly by the relevant organs, in accordance with the responsible managers and other personnel with direct responsibility for disciplinary action.

50th public information on Internet and other network operators, service providers violations of 28th article of this law, by the public security organ or the national security agency, Department of information industry in accordance with their respective responsibilities shall be punished according to law.

51st security administration staff in the performance of security management responsibilities in the abuses, negligence, malpractice, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

The sixth chapter supplementary articles

52nd in accordance with this law, formulate the people's Liberation Army Central Military Commission secrecy rules. 53rd this law shall come into force on October 1, 2010.