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In Shaanxi Province, The Implementation Of The People's Republic Of China Law On Guarding State Secrets Rules

Original Language Title: 陕西省实施《中华人民共和国保守国家秘密法》细则

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Execution of the Rules of the conservative National Secret Act of the People's Republic of China

(Amended by the Decision of the People's Government of the Republic of Korea of 18 March 2014 on the Abolition, Devolution and Amendment of Parts of the Provincial Government Regulations) Amendments of 21 November 1991 on the date of publication by the People's Government of the Republic of China on 21 November 1991)

Chapter I General

Article 1 establishes the application rules in the light of the provisions of the conservative National Secret Act of the People's Republic of China (hereinafter referred to as the Confidentiality Act) and the approach of the conservative national secret law of the People's Republic of China (hereinafter referred to as “the way of implementation”).

Article 2, all organs in the province, groups of people, business units, other organizations and citizens, have the obligation to comply with the Confidentiality Act, the Modalities and the present Rules.

Article 3. Confidential work is governed by the principle of unity of leadership, management of the executive branch, divisional responsibility and confidentiality and operational work.

Persons acting as leadership should strictly observe confidentiality laws, regulations and regulations and have the responsibility to organize, manage and monitor inspections of confidential work within their purview.

No unit or individual may, under any pretext, refuse to accept confidential inspections and oversight within the purview of the superior authorities and the confidential work sector.

Chapter II

Article 5

(i) To follow up on the laws, regulations, regulations and guidelines for confidential work, and policies to develop a system of confidential work within the present administration;

(ii) To guide and monitor the determination, change and removal of State secrets;

(iii) The responsibility for confidential advocacy of education and training at the Ministry;

(iv) Conduct confidential monitoring and inspection, organize or direct investigation of the incident, and urge the relevant units to take remedial measures against the secrets of States that have disclosed or may be disclosed;

(v) Management of confidential technology;

(vi) Review and monitor externally the provision of State secrets;

(vii) Matters relating to confidential work carried out by the host Government.

Article 6. Confidential organizations of organs, groups of people, business units are responsible for the management of the confidentiality of this organ, units, under the guidance of the superior authorities and the Government's confidential work sector.

(i) To follow up on the laws, regulations, regulations and guidelines, policies and to establish a sound confidentiality regime;

(ii) Oversight and guidance on the confidential work of the respective units;

(iii) Organizing the establishment, modification and removal of national secrets;

(iv) Conduct confidential advocacy and confidential inspections, or direct screening of incidents.

Article 7

Article 8 institutions, scientific research units, large-scale enterprises or enterprises that undertake military work production tasks may be established by the authorization authority or are equipped with specialized confidential work to manage routine confidentiality.

Chapter III Determination, change and confidentiality deadlines

Subject to the procedures set forth in the Confidentiality Act, the application method shall be determined by the competent organs, units and specified in the State's secrets and in their specific contexts.

The mark of the period of fierce and confidentiality is implemented in accordance with the relevant provisions.

Article 10 provides for the determination of a seal in accordance with the following provisions:

(i) Matters relating to the operation of the competent authority to be determined by the superior body of the matter at the discretion of the national secret service;

(ii) Other matters, which are determined by the Government's confidential work sector on a case-by-step basis to the provincial secret service. In this regard, it was developed to reclassify the State's confidential work sector. The bodies of the Western Indian city, the people's groups, the business unit have been developed at a secret level and are reported to the secret work sector in the city.

In accordance with the present article, details should be provided on the reasons for the pre- and confidential period. The organ receiving the application or the confidential work sector shall be reviewed within thirty days.

Article 11. Any party to the dispute may refer the matter of controversy and the reasons for its determination to the secret service of the province. After the application of the disputed unit, the provincial secret service should be determined and informed by the parties. The provincial secret service cannot be determined and the State's confidential work sector is determined. The disputed parties shall manage the matter at a high level of controversy before they are notified by the provincial secret service.

Article 12. Decentralization and confidentiality deadlines for individual State secret matters have been established for a period of at least three years for bodies, units and units that determine the duration of pre- and confidential matters (a yearly review of science and technology projects). In the event of the circumstances set out in Article 14 of the Implementation Approach, a change in precision should be made in a timely manner, and in the circumstances indicated in article 15 of the Implementation Approach, it should be kept in a timely manner.

Article 13 Changes in pre- and confidential deadlines or, after default, pre-defined organs, units shall notify the relevant organs, units and personnel in a timely manner, not later than 10 days. No notice may be given due to the fact that the period of confidentiality expires or is publicly published by the press publishing, broadcast television service.

Article XIV organs, units shall communicate to the persons concerned the provisions for determining, changing the frequency of State secrets, conciliation of periods of confidentiality, and the persons involved shall be aware of the provisions relating to State secrets and their specific scope of the job.

Article 15. The confidential work sector at all levels of the district shall regularly check whether the organs, units within this administrative area determine the level of confidentiality, the duration of the confidentiality, and report on the level of confidential work.

Chapter IV Confidential regime

Article 16 provides for a full-time appointment by organs, units of persons subject to State secrets and shall be subject to strict review in accordance with the relevant provisions and shall be educated on their confidentiality legislation, confidentiality discipline, confidentiality responsibilities and their work procedures prior to the induction. Adjustments are made in a timely manner to non-representation or inappropriate appointment.

When a dedicated person dealing with secret matters in the State is removed from his or her work, the State secret matter under its jurisdiction must be strictly processed and the State secret matter of its knowledge must be subject to confidentiality obligations.

Article 17 Production, receipt, transmission, reproduction, use, storage, archiving and destruction of documents, information and other goods belonging to State secrets should be implemented.

Reproduction of documents, information and other items that are secret in the State shall be carried out by the authorities, units or units at all levels of the confidential work of the Government. The documents, information and other items that fall under State secret will be subject to replication of the business units that have not obtained the Reproduction of State Secrets.

The destruction of documents, information and other items belonging to State secrets, including internal journals, must be carried out either by a paper or destruction station designated by the Government's secret service.

Article 18 National staff shall comply with the following provisions:

(i) The transmission of documents, information and other goods belonging to State secrets through the general post;

(ii) The sale of documents, information and other goods belonging to State secrets;

(iii) No access to documents, information and other goods belonging to State secrets, annotated, visiting friends or outside activities;

(iv) No reference to public places or to family members, children, friends and others should not be informed about State secrets;

(v) Inadequate access to State secrets in private interactions and communications;

(vi) To refrain from the use of telephones, telegraphs, facsimiles and computer networks that do not have any confidential measures to transmit State secrets;

(vii) Is not permitted to send newspapers and radios, television stations that are published outside and within the country to papers, papers, photographs, photographic video products that relate to the secret content of the country;

(viii) Visits by outsiders to military restricted areas, by State provisions that are not open to regional or confidential sites without approval;

(ix) No concealment of the incident.

Publication staff, such as journalists, editors and editors, may not be included in the public news or in the form of a press release for contact or informal channels; it is difficult to determine whether the contents of the draft articles relate to State secrets, and the views of the relevant organs, units shall be consulted, without unauthorized publication.

An interview of journalists, the provision of publicly published news, copies or personalities to the Press Publications Unit has an obligation not to disclose State secrets.

Article 20 provides for automated equipment for communications facilities, networks and storage for the transmission of State secret information, and requires technical and administrative confidential measures.

Article 21 convenes meetings with secret content of the State, and the host units must implement the relevant confidentiality provisions, which should be clearly communicated to participants and conference staff without the approval of the host office of the Conference, any press unit or other personnel shall not be audio-visual, video.

The use of wireless slogans to communicate State secrets.

Documents, information, meetings with secret elements of the State shall be held in a timely manner, after the meeting, in the custody of a confidential body of the working units in which the individual shall not be kept.

Article 22 organizes important activities related to the secret content of the State, and the hosting units shall develop specific confidential measures with the confidential work of the current Government.

Article 23, in the context of external interaction and cooperation, should be reviewed in accordance with the following conditions, when the external side requests the State secret in due course and through means:

(i) National laws, regulations and regulations;

(ii) In conformity with the principle of equality and mutual benefit;

(iii) Matters requiring interaction and cooperation;

(iv) The outside party assumes a confidential obligation.

Article 24 requires external provision of secrets from certain countries arising from this province, and, in accordance with the provisions of the national authorities, provincial business authorities are reporting the approval process.

The provision of State secret involves more than two sectors, which can be organized and coordinated by the provincial, municipal (local) secret service.

Article 25 provides external information on State secret work, and the approval authority should inform the Government's secret service. The confidential work sector should guide and monitor its clearance.

The State's exit of secret documents, information and other items is carried out in accordance with the relevant provisions of the Ministry of Foreign Affairs and the National Confidentiality Agency, the Management Provisions on State secret documents, information and other items.

Article 27 provides for a new location of guests, hotels, plant buildings and other buildings that are involved, and must be consulted in advance, in accordance with the relevant provisions of the State.

Article twenty-eighth organs, units that have been withdrawn or merged, and documents, information and other items that are in possession of State secrets, should be designated to conduct clearance. As a result of this body, units should be transferred to the body, unit management that assumes their original functions; it is the result of other organs, units, which should be dealt with by the organs, units. The handover or surrender must be documented.

Article 29 National staff or other citizens found that State secrets have been disclosed or may be disclosed shall take the following measures:

(i) The collection of documents, information and other goods left behind by others that are secret in the State, shall be communicated promptly to the relevant organs, units or local governments in the confidential work sector;

(ii) The discovery of the sale or acquisition of documents, information and other goods belonging to State secrets should be promptly discouraged and confidentially reported to the public security organs or local governments;

(iii) The disclosure or possible disclosure of State secrets should be reported in a timely manner to the relevant organs, units or confidential work sectors;

(iv) Where documents, information and other items belonging to State secrets are stolen, seized, deceptive, the confidential work sector should be reported immediately or sent to local public security authorities together with material documents.

Article 33-related bodies, units receive documents, information and other goods that are owned by the State or are collected by citizens, should be properly preserved, prevent proliferation and report immediately on the confidential work sector.

Article 31, organ, unit or disclosing, should be promptly organized to investigate and report on the confidential work of the Government in a timely manner, as required.

Significant or multisectoral levies should be organized in the relevant confidential work sector.

In connection with the incident in which no units or persons in this administrative area have occurred, the confidential work sector in the present administration should be informed of the relevant units or competent authorities in a timely manner and actively assist the Investigation Service.

Article 32 investigates the following cases:

(i) The content and frequency of the secrets of the State disclosed;

(ii) The nature of the process, the main circumstances and the events;

(iii) The extent of the harm that has been or may result;

(iv) The responsible person and his/her responsibilities.

Article 33 The confidential work sector at all levels should oversee the timely investigation of the incident involving the occurrence or discovery of leaking. The confidential work sector has the right to adhere and limit the findings of the inquiry into the long-standing leading incident, and the confidential work sector has the right to make a reconsideration.

Article 34 needs to be coordinated by confidentiality, the judiciary, the inspectorate and other departments, in accordance with the approach of the confidential work sector to coordinate the disclosure of cases with the prosecution, national security, public safety, inspection and party disciplinary authorities.

Chapter V

Article 33 fifiers, units or superior authorities should be given recognition, incentives, and confidential work at all levels may also be given direct recognition, reward or advice to the Government of the people at this level.

Article XVI discloses one of the following cases where the State secrets are made, depending on the circumstances, whether administrative or non-removable by the organs, units.

(i) Disclosure of secret State secrets, warning, lapses or excessive disposal; minor circumstances may be exempted from administrative disposal.

(ii) Disclosure of secret State secrets, giving excessive, overcrowded or downgradable disposal; minor circumstances may be taken away from administrative disposal.

(iii) Disclosure of the secrets of the State at which it is granted excessive, commutation, degradation, dismissal, dismissal or removal; and, in particular, minor administrative disposal.

Administrative disposal is resubmitted in accordance with the above-mentioned paragraph, with the circumstances of article 31 of the Implementation Approach or a gesture of article 30.

Article 337 leaked a serious circumstance and constituted an offence, and the competent organs, units and the relevant secret service should be transferred to the judiciary and criminally prosecuted by law.

Article 338 persons who report to disclose secret State secrets are protected by law. In order to combat reprisals against the reporting person, administrative disposition should be given; criminal liability is brought in accordance with the law.

Annex VI

Article 39