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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399578.shtml

In Shaanxi Province, the implementation of the People's Republic of China Law on guarding State secrets rules

    (March 18, 2014, Shaanxi Provincial people's Government on the abolishment, declared invalid and modify the partial revision of the decision of the provincial government regulations released November 21, 1991, Shaanxi Provincial people's Government implemented since the release date) Chapter I General provisions

    Article in accordance with the People's Republic of China Law on guarding State secrets (hereinafter referred to as Act) and of the People's Republic of China implementation of the law on guarding State secrets policy (hereinafter referred to as the implementation measures) regulations, combined with the province, these rules are formulated.

    Article in this province all organs, mass organizations, enterprises, institutions and other organizations and citizens comply with the Privacy Act, and the detailed rules for the implementation of the measures for the implementation of obligations.

Third confidential work under unified leadership, centralized management, graded responsibility and the principle of combining security and operational work.

    Leadership personnel shall be subject to strict confidentiality laws, rules and regulations, and confidential within the terms of reference of the work organization, management and supervision responsibilities.

    Article fourth no entity or individual may, on any pretext, refused to accept the higher authorities and secret confidential within the terms of reference of the review and supervision of the sector.

    Chapter II security institutions and their responsibilities

Article fifth provincial security departments work in charge of guarding State secrets in the province, the city (district) and County (city, district) secret-guarding department heads within their respective administrative areas to keep state secrets, their responsibilities are:

(A) implementation of security laws, regulations, rules, guidelines and policies, making confidential work within their respective administrative areas;

(B) the guidance and oversight of State secrets, secrets, secrecy period determination, alteration and termination of work;

(C) is responsible for the education of security and training of cadres;

(Iv) security supervision and inspection, organization or directly investigating the leaks, urged relevant government units have disclosed or may disclose State secrets to take remedial measures;

(V) management of security technology;

(Vi) review and oversee the work of providing State secrets;

    (VII) undertake the tasks assigned by the people's Governments at the corresponding level of matters relating to confidentiality.

Sixth State organs, mass organizations, enterprises, institutions of secret organizations, in both the supervisor and the level of government secrecy work Department under the guidance of, responsible for the management of confidential work of the organ or entity, whose responsibilities are:

(A) implementation of security laws, regulations, rules and guidelines, policies, and establish a sound security system;

(B) security oversight and guidance to the unit;

(C) the Organization and implementation of State secrets, secrets, secrecy period determination, alteration and termination of work;

    (D) carry out inspections of the education of security and confidentiality, supervise or directly to investigate leaks.

    Article seventh secret organizations of various departments of State organs at the provincial level, in addition to the duties set out in article sixth, secret-onerous Department, staffed with full-time or part-time security cadres, manage day-to-day security work.

    Article eighth bear high-tech research institutions, research units, large and medium sized enterprises or assume control of military production enterprises, according to approval after approval, may set up secret agent, or full-time cadres of confidentiality, manage day-to-day security work.

    Chapter the secrets and the periods for sure, change and decrypt

Nineth establish clearly the scope of State secrets and classified matters, relevant State organs and units shall in accordance with the Privacy Act and provided for by the measures for the implementation of procedures for determining, and marked secret and confidential terms.

    Secrets and the periods for signs in accordance with the relevant provisions.

Article tenth are classified as State secrets and what secrets does not clear, the organ or entity in accordance with the following provisions apply in respect of matters of the secret:

(A) belonging to the head of business matters, and step by step to the State secret-guarding Department approval of the right to identify the secrets of superior authority to determine; (B) belongs to other matters, step by step by the level of government secrecy departments reported to the province, determined by the Security Department. Among them, developed for top secret level by provincial security departments reported to the State secret-guarding Department.

In XI ' an city-owned organs, mass organizations, enterprises and institutions developed as the confidential level, from Xian City secret-guarding Department. The reporting period pursuant to this article, should be formulated by the secrets and the periods for reasons in detail.

    Organ or of receipt of the application secret-guarding Department shall reply at the 30th. 11th whatever on whether it is a State secret or classified dispute, any party to a dispute can be controversial issues and finds secret reasons submitted to the province, determined by the Security Department. Provincial security departments receive disputed unit of application, shall be determined in the 30th and notify the parties to the dispute. Provincial security departments cannot be determined, transfer the State secret-guarding Department.

    The parties to a dispute before the received notification of provincial security departments, according to higher classification levels in the management of the matters under dispute. 12th on the secrets and the periods originally identified in State secrets secrets and the periods for organs and entities reviewed at least once every three years (technology review once a year).

    In case when it 14th in the implementation of measures listed in article shall promptly change secrets case when it 15th in the implementation of measures listed in article should be decrypted in a timely manner. After 13th term changes or decryption of secret and confidentiality, the original of the secret authority, shall promptly notify the relevant authorities, units and personnel, not later than 10th at the latest.

    Due to expiry of the confidentiality period to decrypt or decrypted is published by the press and publishing, radio and television sector, without notice.

    14th all organs and units shall inform the personnel about determines, change of State secrets, secrets, secrecy and decryption provisions of related personnel should be aware of job-related provisions of the scope of the State secrets and classified.

    15th classified at or above the County Department shall regularly check the administrative organs, whether in accordance with the statutory procedures of the secret units, and decrypt the confidential period, and will check the report for superior Security Department.

    The fourth chapter privacy policy Organs, units of the 16th and appointing personnel specially in charge of State secrets shall, in accordance with the relevant provisions of scrutiny, and in front of the posts to be confidential compliance, privacy, discipline, confidentiality, responsibility and work procedures of education.

Incompetence or improper appointments and to make adjustments in a timely manner.

    Personnel specially in charge of State secrets out of the workforce, its State secrets must be strictly administered by handing over procedures, their knowledge of State secrets must assume the duty of confidentiality.

17th classified as State secrets, documents, materials and other items of making, sending and receiving, transmitting, copying, use, storage, archival, and destruction, should implement the relevant confidentiality provisions. Copy documents, materials and other items belonging to State secrets, should be in this body, entity or Government security departments at all levels to ratify and issue the State carrier copy license units.

Files that are strictly forbidden to be classified as State secrets, information delegate and other items without a State secret carrier copy license business unit of replication.

    Destruction of documents, information classified as State secrets and other things (including internal publications) and must be designated by the confidential work of the Government at the corresponding level paper mill or destroyed stations.

18th national staff should comply with the following provisions:

(A) no ordinary postal delivery is a State secret documents, materials and other items;

(B) are not allowed to be classified as State secrets, documents, materials and other items sold as scrap;

(C) are not allowed to carry classified as State secrets, documents and materials and other items visit, sightseeing, visiting relatives and friends or participating in diplomatic activities;

(D) are not allowed in public places or to the family, children, relatives, friends and other people who should not know about State secrets;

(E) no private contacts or correspondence involving State secrets;

(Vi) are not allowed to use without any security measures of telephone, Telegraph, facsimile, transmission of State secrets by means of computer networks;

(VII) no foreign and domestic public offering newspapers, magazines, and radio and television stations posting related to State secret papers, manuscripts, and audio and video products;

(H) shall not lead to foreigners without permission to the military zone, national provisions open areas or confidential site visits;

    (I) are not allowed to hide the leaks.

Published 19th reporters, editors and other news staff, come into contact with because of work or informal channels of State secrets shall not be included in the published news or articles; it is difficult to determine whether file content involving State secrets, shall solicit the views of the relevant State organs and units shall not be published without permission.

    To journalists, the press and publication units published news, manuscript unit or individual has the obligation not to divulge State secrets.

    20th organ or unit used to transmit State secrets information communication facilities, network, and storage handling state secrets information office automation equipment, technical and administrative security measures must be taken.

21st meeting belongs to the State secret of the meeting, the Organizer must implement the relevant provisions on confidentiality, confidentiality requirements should be clearly informed of the Conference participants and Conference staff, without the approval of the organizer of the Conference, any news organization or other person may not be audio and video.

Prohibiting the use of wireless microphones to convey a State secret.

    Meeting documents, information classified as State secrets, after the participants should timely pay the work unit where the secret service custody, individuals may not be saved.

    22nd organized important events involving State secrets, the organizers in advance together with the level of government secrecy departments formulating special security measures.

23rd article in the foreign exchanges and cooperation in foreign for the right reasons and ways to provide State secrets, should be reviewed at their request in accordance with the following conditions:

(A) permitted by national laws and regulations;

(B) in accordance with principles of equality and mutual benefit;

(C) the matters necessary for communication and cooperation;
(D) foreign obligation of confidentiality.

    24th must provide when certain State secrets in the province, in accordance with the provisions of the State Department, head of the provincial Department for examination and approval procedures.

    Providing State secrets involving more than two sectors, by province, city () the security departments for organizing and coordinating work. 25th work of providing State secrets, the approving authority shall inform in advance the level of government secrecy departments.

    Secret-guarding Department shall guide its approval and oversight.

    26th State secret documents, materials and other items and exit, in accordance with the relevant provisions of the Ministry of Foreign Affairs and National Security Council, published by the General Administration of customs on State secret documents, information and other items out of the implementation of the regulations.

    27th new foreign-related hotels, restaurants, factories and other buildings of the site, must be consulted in accordance with the relevant provisions of the Government security departments and the views of the relevant departments. 28th by dissolution or merger of institutions, units in charge of the documents, materials and other items belonging to the State secret, shall appoint a staff to clean up the registration. Belonging to the organ or entity, shall be handed over to its former functions of the organ or entity management belonging to other institutions, units should be turned over to the authorities, the unit dealt with by the Department.

    Transfer or delivery must be recorded.

29th national staff or other citizens found that State secrets have been disclosed or divulged, shall take the following measures:

(A) picked up another missing file, material or other articles classified as State secrets shall be promptly submitted to the relevant bodies, entities or local government security departments;

(B) found others to sell or buy classified as State secrets, documents, materials and other items, should be immediately dissuaded, secrecy and report to public security organs or the local government sector;

(C) when others disclose or may still disclosing State secrets shall promptly report to the relevant bodies, entities or secret-guarding Department;

    (D) find files classified as State secrets, information and other items when the defrauding by theft, seizure, and shall report immediately to the Security Department or the perpetrator to local public security organs for disposal, together with material evidence.

    Article 30th-related organ or entity receiving citizens picked up or collection of documents, materials and other items belonging to State secrets, should be kept properly, preventing proliferation, and immediately reports on secret-guarding Department.

Or find a 31st organs, leaks, should immediately organize an investigation, and according to the provisions of Bill in a timely manner and the results the Government secret-guarding Department.

Or involve multiple sectors of major leaks, about secret-guarding Department shall organize investigation and treatment.

    For non-administrative areas within the units or personnel in leaks that occurred within their respective administrative areas, the Administrative Security Department shall timely inform the relevant units or authorities and actively assist in the investigation.

Article 32nd investigation leaks should identify the following:

(A) the contents of leaked State secrets and classified;

(B) the leak process, the main plot and the nature of the incident;

(C) has caused or is likely to cause harm;

    (D) the obligations of the responsible and. 33rd security departments at all levels shall supervise the relevant organ or entity on or find the leak investigation in a timely manner.

    Leaks to drag on too long, confidential work has the right to monitor and investigate conclusions on the deadline; the lopsided leaks, security authorities to make a deal with comments.

    34th article need to be monitored by the security, justice, and other departments to coordinate investigation of the leak, according to the security sector with the Attorney's Office, national security, public security, supervision, the party's discipline inspection and supervision organs investigated and dealt with handling of the leak case coordination approach.

    The fifth chapter rewards

    35th for guarding State secrets made outstanding achievements of individual or collective, the organ or entity or his upper level organs shall commend and reward; security departments at all levels, can also give awards, awards or commendations and awards recommendations submitted to the people's Governments at the corresponding level.

Article 36th of leaking State secrets has one of the following, depending on the seriousness, by the authorities, were given administrative punishment or exempted from punishment:

(A) disclosing classified as State secrets, give him a warning, demerit-recording or demerit; a minor may be exempted from sanctions.

(B) disclose confidential State secret, given demerits, demerit and demoted; minor, be mitigated or exempted from sanctions.

(C) disclose State secrets at the top-secret level, demerit, demotion, demotion, dismissal, dismissal probation or expelled; if the minor may be given administrative sanctions.

    Section plot article 30th or 31st of the measures for the implementation of leaks, apply mutatis mutandis to the preceding paragraph, impose administrative sanctions.

    37th leaks in serious cases, constitute a crime, agencies, units and the secret-guarding Department shall be handed over to judicial authorities, shall be investigated for criminal liability. Article 38th personnel to report leaking State secrets are protected by law.

    Spotters and retaliation shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 39th article of the regulations as of the date of promulgation.