People's Republic of China State Council
No. No. 646
Announced the People's Republic of China implementing regulations of the law on guarding State secrets, since as of March 1, 2014.
Prime Minister Li keqiang
The January 17, 2014
Chapter I General provisions
Article in accordance with the People's Republic of China on guarding State Secrets Act (hereinafter Act) provides that this Ordinance is enacted. The second heads of State secrecy administration national security work.
Secrecy administrative departments at and above the county level under the guidance of superiors in private and administrative departments, in charge of the administrative area of secrecy.
Thirdly, the central State organs in their sphere of competence management or guiding the system's secrecy, and oversee the implementation of privacy laws and regulations, according to actual situation or in conjunction with the relevant departments in charge operational aspects of confidentiality.
The fourth people's Governments above the county level shall strengthen security infrastructure and key secret is equipped with technology products.
Secrecy administrative departments at or above the provincial level key security technology research and development work should be strengthened. Confidentiality requirements for administrations carry out their duties, should be included in the local government budget.
Organ or entity carrying out secret work requirements should be included in the body, the unit's annual budget or annual budget plan.
The fifth body, units according to law may not be publicly identified as matters of State secrets, information involving State secrets shall not be made public. Accountability system for confidentiality article sixth organ or entity.
Authorities, units in charge of this organ, the unit responsible for the security of staff position responsible for classified.
State organs and units shall keep confidential confidentiality and the need to establish institutions or designated officer responsible for security work.
Organs or entities and their staff carrying out secret work responsibility system should be incorporated into the annual appraisal and assessment content. Article secrecy administrative departments at all levels should organize regular the education of security.
State organs and units shall regularly confidentiality of this organ, the unit's staff, privacy law compliance, privacy protection and other aspects of education and training.
Chapter II scope of State secrets and classified
Article eighth of specific area of State secrets and classified (hereinafter referred to as scope of confidentiality) matters of State secrets shall be clearly stipulated the specific name, secrets, privacy terms and access scope. Scope of confidentiality should be adjusted according to the situation.
Formulated, revised confidential matters should be fully proved, hearing the views of relevant bodies, organizations and experts in related fields.
Nineth, head of unit for the organs, the key responsible persons of the units, in accordance with work requirements, you can specify other key responsible persons.
Dealing with key staff should be trained in secret training, familiar with the key responsibilities and scope of confidentiality, master key procedures and methods. Article tenth key responsibilities in the areas of responsibility within the State concerned secret identification, modification and dissolution.
Specific duties:
(A) approved the organ, the State secret of secrets, privacy terms and access scope;
(B) on the body, this unit is within the period of the State Audit, and whether to modify or rescind the decision;
(C) are classified as State secrets and what secrets does not explicitly developed on matters of security classification, and in accordance with the procedure provided for secrecy administrative departments.
11th Central State organs, organs at the provincial level as well as the District of city, prefecture-level agencies based on security needs or apply to the relevant State organ or unit, stipulated by the State administration powers, within the scope of authority to make key authorization. Key authorization should be made in writing.
Authorities should be authorized organs, authorized to supervise the implementation of the unit key.
The authorization of the Central Government, provincial authorities, submitted to the National Security Administration Department; city divided into districts, autonomous prefecture-level agencies mandated secrecy administrative departments of provinces, autonomous regions and municipalities.
12th State organs and units shall state at the same time, prepared by the sponsor according to the scope of matters relating to confidentiality stipulations, secrecy and access range, key person responsible for approval, and take the appropriate security measures.
13th organ or entity arising from the State secrets shall be determined according to confidential matters provided for by specific periods; scope of confidentiality does not provide for specific periods, according to needs, in secrecy law within the prescribed period to determine; duration cannot be determined, shall determine the decryption requirements.
Period of State secrets, since the indicated date; not indicating issue date, determines the State secret State organs and units shall notify the authorities, units and personnel knows, the period from the date of notification of the calculation.
14th State organs and units shall in accordance with the rules of confidentiality laws, strictly limiting access scope of State secrets, for staff is aware of State secrets at the secret level and above, and shall make a written record. 15th carrier State secrets and classified as State secrets, equipment, significant parts of the products should be marked national secret symbol. Secrets of the State flag should be marked classified and defined the period.
State secrets, secrets and the periods are changed, shall, without delay on the original state secret signs for a change.
Unable to mark national secret symbol, determined that the State secret State organs and units shall notify the authorities, units and personnel knows.
16th organ or entity arising from the State secrets, that meet the requirements of secrecy relating to decrypt or extend the confidentiality period should be decrypted in time or extend the confidentiality period.
Organ or entity does not belong to this body, this unit produces State secrets, that meet the requirements of secrecy relating to decrypt or extend the confidentiality period, can contribute to the original key organs and entities or by a superior organ or entity making recommendations.
Had to transfer at all levels of the State archives belonging to the State-secret archives, from the original key, decrypts the unit in accordance with the relevant provisions of the State Audit.
17th State organs and units were abolished or merged, the organ or entity established by the State secrets of modification and rescission, assumed the functions of the organ or entity responsible for, or by its higher authorities, units or security organs or entities designated by the Administrative Department is responsible for.
18th State organs and units found the bodies, the unit of improper identification, modification and dissolution of State secrets, should be corrected in a timely manner; superior authority, the Unit found that lower bodies, improper identification, modification and dissolution of State secrets shall be promptly informed of the correct, can also be corrected. 19th State organs and units to meet the requirements of secrecy laws, but uncertain matters of confidential matters not requiring, we need to develop range of secrets, secrecy and access, take the appropriate security measures, and developed within 10th of related sectors.
Prepare for top secret level matters and development of Central Government matters secret, secret level, State secrecy administrative departments; other organs, units developed by secret level, secret level matter, secrecy administrative departments of provinces, autonomous regions and municipalities. Security Administration after receiving the report, should take a decision in the 10th.
The provinces, autonomous regions, municipalities directly under the confidential decisions taken by the Administrative Department shall also promptly reported to the National Security Administration Department for record.
20th whether organs or entities on key matters classified as State secrets or what secrets had different opinions, can make objections to the original key institutions, units, from the original decision on the key institutions, units.
Organs, organs, on the original key is not seized or disagrees with the decision made in accordance with the following provisions:
(A) identified as a top-secret level matters and determine the secret, the secret of Central Government-level matters, submitted to the national security administration to determine.
(B) the other State organs and units to determine matters secret, classified, confidential administration of provinces, autonomous regions and municipalities to determine; for provinces, autonomous regions and municipalities classified disagrees with the decision taken by the Administration, can be submitted to the national security administration to determine.
In original key institutions, units, or secrecy Administrative Department before making a decision, matters shall, according to the advocate secret, top secret level to take appropriate security measures.
Chapter III security system
21st State carrier management should comply with the following provisions:
(A) the carrier of making State secrets, should consist of organs, confidentiality or secrecy Administrative Department examination unit, production site shall comply with the requirement of confidentiality.
(B) the receiving State carrier, shall perform the inventory, serial number, registration, signing procedures.
(C) carrier of passing State secrets, through confidential communications, confidential communications or any other manner consistent with confidentiality requirements.
(D) copy State carrier or extraction, references, content of the compilation is a State secret, shall, in accordance with the provisions for approval, without changing the original range of secrets, secrecy and access, organs or entities copy copies shall bear the stamp, and is regarded as the original management.
(E) national carrier of secret sites, facilities, equipment, and shall meet the national security requirements. (Vi) maintenance of State carrier, this unit shall be by the authorities, specialized technicians.
Needed maintenance on external units, on-site supervision by the organs, the unit's personnel; really necessary in this body, this unit other than maintenance, shall comply with the confidentiality provisions of the State.
(G) the carrier out of carrying State secrets, should conform to the confidentiality provisions of the State and to adopt reliable security measures; carrier carrying State secrets out of the country, should ratify and carry formalities in accordance with the confidentiality provisions of the State.
22nd carrier destruction of State secrets shall conform to the confidentiality provisions of the State and standards, ensure the destruction of the State information cannot be restored. Destroy any State secret carrier should carry out inventory, registration, examination and approval procedures, and sent to the confidentiality established under the administrative authority of the destruction of institutions or secure destruction of units specified by the administration.
Organ or entity due to operational requirements, the destruction of a small number of State secrets on their own carriers, you should use the destroyed equipment and methods consistent with national standards of confidentiality. 23rd secret-involved information system in accordance with the secret into the top-secret level, secret, secret level.
State organs and units shall, in accordance with secret-involved information system storage, the highest security classification determine classification levels of the system to process information, in accordance with the classification of protection require appropriate security precautions.
24th secret-involved information system should be formulated by the State secret established under the administrative authority or authorized confidential evaluation evaluation bodies, and approved by the district municipality, prefecture-level confidential administration examination, may be put into use.
Public security, the National Security Agency's secret-involved information system into use, management practices, by the State administration authorities and the police and State Security Department under the State Council separately.
25th State organs and units shall strengthen operation management of secret-involved information system, all specialized agencies or personnel responsible for operation and maintenance, security management and security audits, security clearance and risk assessments on a regular basis.
Secret-involved information system security classification, the main business application, use and changes in environment or secret-involved information system no longer in use, should be in accordance with the confidentiality provisions of the State secrecy administrative departments report in a timely manner, and to take appropriate measures. Article 26th organ or entity purchases related to national secrets works, goods and services should be classified according to the confidentiality provisions of the State, and in accordance with national rules and standards of confidentiality.
State organs and units shall provide engineering, gives security management requirements of goods and services, and signed a confidentiality agreement with them.
Government procurement supervision management, confidential administrative department shall strengthen the State secret of engineering, supervision and management of the procurement of goods and services.
27th meetings or other activities that involve State secrets, the organizer shall take the following security measures:
(A) according to the contents of the secret meetings, activities, develop confidential programmes, limited scope of participants;
(B) complies with the confidentiality provisions of the State and standard of premises, facilities and equipment;
(C) carrier in accordance with the confidentiality provisions of the State administration of State secrets;
(D) for participants of the specific confidentiality requirements. 28th State secrets at the enterprises and institutions engaged in carrier production, reproduction, maintenance and destruction, secret-involved information system integration or it could involve State secrets such as weaponry and equipment research and production business (hereinafter referred to as the secret service), it should be by the Security Administration Department or secrecy administrative authorities and the relevant authorities for investigation.
Confidentiality review failed, may not engage in secret operations.
29th engaged in secret operations of the enterprise or institution shall meet the following conditions:
(A) in the People's Republic of China territory of legal persons established by law for more than 3 years, no criminal record;
(B) the personnel engaged in secret operations with People's Republic of China nationality;
(C) confidential system perfection, there are specialized bodies or persons responsible for security work;
(D) for related business premises, facilities and equipment meet state requirements and standards;
(E) has engaged in secret operations of professional competence;
(F) the laws, administrative regulations and other criteria specified by the Department of State secrecy administration.
Article 30th secret classification of personnel management, (external) review, removal of key management, specific measures for the protection of rights and interests, by the State administration authorities and the departments concerned under the State Council.
Supervision and administration of the fourth chapter 31st State organs and units shall submit confidential administrative departments at the same level, the annual confidential work.
Subordinate secrecy administrative departments shall keep confidential to the superior administrative departments to submit annual confidential work of their respective administrative areas.
Article 32nd secrecy Administrative Department in accordance with the authorities, implementation of the confidentiality laws to check the following:
(A) the implementation of the accountability system for confidentiality;
(B) security system construction;
(C) the education of security training;
(D) the related personnel management;
(E) the determination of State secret, modification and dissolution;
(F) the State vector management;
(VII) confidential management of information systems and information devices;
(VIII) use the Internet security management;
(I) security technology protection equipment used;
(J) the secret places and secure vital sectors, position management;
(11) the secret meetings, events management;
(12) information disclosing the review. Article 33rd secrecy administrative departments in the clearance process, finding hidden danger of leaks, can access materials, interviews with personnel, records; on the facilities, equipment, documentation and other antecedent register in accordance with law, when necessary for security testing.
Relevant organs, units and their staff for clearance may be required.
Confidential administrative departments to implement inspection, shall issue a check, about the need to reform, should make it clear content and period of rectification.
34th State organs and units found have disclosed or may disclose State secrets, should take immediate remedial measures within 24 hours and to similar secrecy administrative departments and higher authorities reported.
Confidential leaks reported to the administrative departments at all levels shall be progressively reported to the National Security Administration Department within 24 hours. 35th confidential administrative authorities for citizens to report, organ and Unit reports, confidential findings, relevant departments transferred to the clues and the case suspected of divulging State secrets, they shall be investigated, or organization, and urge the relevant authorities, investigation and handling of the unit. After the end of the investigation that there was breach of confidentiality laws and regulations, need to be held accountable, confidential administrative departments to recommendations from the organ or entity concerned.
Relevant organs, results in writing shall promptly inform secrecy administrative departments at the same level.
36th Security Administrative Department of State carrier to collect the illegal acquisition, possession, shall register and issue a list of identified close range, quantity, origin, diffusion, and take the appropriate security measures.
Confidential administrative departments can draw attention to public security, industry and commerce administration departments to assist the collection of illicit acquisition, holding the State carrier, shall cooperate with the relevant departments.
37th State secrecy administration departments, or provinces, autonomous regions and municipalities directly under the Security Administrative Department shall, in accordance with privacy laws and regulations and the scope of the matters of confidentiality, suspected of divulging State secrets cases handled body identification of whether matters classified as State secrets, what secrets make identification.
Identification of confidential administrative department accepting applications, should be issued from the date of acceptance of the 30th expert conclusions; fails to issue a conclusion, by the Security Administration Department head approval can be extended to 30th.
38th confidential Administrative Department and its staff should be in accordance with statutory terms of reference and review, clearance procedures confidentiality and disclosure of State secrets cases, scientific, fair and strict and efficient, must not use their position for interest.
The fifth chapter legal liability
Divulging State secrets cases a 39th organs, in accordance with the provisions reported or remedial measures have been taken to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.
40th in clearance or leaking State secrets cases, relevant authorities, units and personnel who refuse to cooperate with, deception, concealment, destruction of evidence, or by any other means of evading, obstructing the confidential checking or revealing State secrets cases, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.
Enterprises and institutions and their staff to assist the authorities, evade, hinder clearance or leaking State secrets cases, the relevant competent authorities shall be punished according to law.
41st confidential examination of administration of enterprises and institutions in breach of the confidentiality provisions, the secrecy administrative authority shall order rectification, fails to change or still do not meet the requirements after rectification, suspension of secret business in serious, stop secret business.
42nd test secret-involved information system was not in accordance with the provisions of article assessment and review and use, by the Security Administration Department ordered corrective action, and recommends that the relevant organs and entities directly responsible for the charge and other direct liable persons shall be given administrative sanctions.
Article 43rd organ, commissioned by the unit without a confidential review of units engaged in secret operations by the relevant competent organs and entities directly responsible for personnel and other persons directly responsible shall be disciplined.
Without a confidential review of units engaged in secret operations, the secrecy administrative authority shall order to stop violations; has illegally obtained, by the industry and commerce administration confiscated illegal gains.
44th administration failing to perform their duty of confidentiality, or abuse of power, negligence, malpractice, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles 45th article of the regulations come into force on March 1, 2014.
On April 25, 1990, approved by the State Council on May 25, 1990, the State secrecy Bureau promulgated the People's Republic of China abolished at the same time the implementation measures for the law on guarding State secrets. (Xinhua News Agency, Beijing, February 2)
