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

Original Language Title: 河南省实施《中华人民共和国保守国家秘密法》办法

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Chapter I General

Article 1 establishes this approach in the light of the provisions of the conservative National Secret Act of the People's Republic of China, the Regulations on the Excellence of State Secrets in the People's Republic of China.

Article 2

Article 3

The funds required to perform the duties of the confidential administration should be included in the current Government's financial budget.

Article IV State organs and units dealing with State secrets (hereinafter referred to as organs, units) manage the confidentiality of this organ and this unit and perform the following duties:

(i) The establishment of a system of sound confidential work in the light of the specific circumstances of the organ, the unit concerned the secret State;

(ii) Regular training in the areas of confidentiality, confidential legal regulations and confidential technology protection;

(iii) Identification, modification and removal of State secrets in accordance with established competence and statutory procedures;

(iv) Enhance State secret recordings, the management of rough information systems and the improvement of confidentiality protection measures;

(v) Implementation of systems such as classification management, appointment (exploitation), review, confidentiality commitment, de-management;

(vi) Examination of cases such as compliance by this organ, this unit with the rules of confidentiality and the enforcement of confidentiality responsibilities;

(vii) Other confidential duties to be performed by law.

Article 5 The heads of organs, units are responsible for the confidential work of this body, the unit and the staff are responsible for the confidential work of the job.

The exercise of the responsibility to perform confidential work by organs, units and their staff should be included in the annual evaluation and the examination.

Chapter II Identification, change and removal of State secrets

Article 6. Confidentiality of State secrets is divided into nominal, confidential and secret levels. The determination of a pre-stige of State secrets should be in compliance with established competence.

The provincial authorities and their mandated organs, units may determine secrets of the State at the level of default, confidentiality and secret levels; the authorities at the municipal level and their mandated organs, units may determine confidentiality and secret State secrets.

Public security, national security authorities, within their mandate, determine the level of secret State.

Article 7. The organs, units shall determine, modify and remove State secrets in accordance with established powers and statutory procedures, and shall not determine whether matters to be public in accordance with the law shall be determined as secrets of the State and shall not be determined as secrets of the State and shall not involve information concerning State secrets.

Article 8

Staff specifically responsible for customization should be trained to familiarize themselves with the scope of responsibilities and confidential matters and to have customized procedures and methods.

The authorities, units should submit the confidential administration of the same level of responsibility.

Article 9. The organs, units shall, at the same time as State secrets, develop a precision, confidentiality duration and knowledge based on the scope of confidentiality matters, report the approval of the responsibilities and take appropriate confidential measures.

The exercise of State secrets identified at the superior level by the organs, units will need to be carefully determined in accordance with the sealed nature of the State's secret matters. The sub-offices, units consider that the relevant minor matters arising from this body, which are determined by the superior organs, units, should be subject to confidentiality measures and should be promptly reported to the superior organs, units; and that no parent body, units, should be promptly brought to the competent business authority with the corresponding authority or to the confidential administration.

The determination of State secrets should be made in writing, indicating that the custodian, the responsible person and the basis for the custom.

Article 10 shall establish a specific period of confidentiality in accordance with the provisions of the scope of confidential matters; the scope of confidential matters does not provide for a specific period of confidentiality, which may be determined within the time limits specified in the confidentiality law, in accordance with the requirements of the work; the determination of the period of confidentiality should not be determined and the conditions of confidentiality should be determined.

The State's secret is determined and should be accompanied by a State secret mark on the national secret mark. The authorities, units and personnel that determine the State's secret should be informed in writing of the bodies, units and personnel within the scope of their knowledge.

Article 11. State secret matters arising jointly by more than two organs, units shall be determined by law by the host organ, the unit seeking the advice of the organs, units and units.

The work of the temporary working body is determined by the body responsible for the day-to-day work of the institution.

Article 12 determines that the scope of confidential matters based on State secrets has changed or that there has been a marked change in the level of damage to the security and interests of the State after disclosure, and that the pre-emptive organs, units or their superior organs should make changes to the State's secret, confidential deadlines or knowledge of the scope.

Concrete changes in the State are conducted in accordance with the State secret determination process and in writing.

After a State secret change, the authorities, units and units of the original seal shall be recast in a timely manner in the vicinity of the secret symbol of the former State and shall notify in writing the organs, units or persons within the scope of their knowledge. Upon notice received from the authorities, units or persons concerned, the period of confidentiality and the range of knowledge should be indicated in the vicinity of the State secret mark.

Article 14. The period of confidentiality of State secrets has expired and has been closed.

The authorities, units should review the State secrets each year. Adjustments to the extent of confidentiality within a period of time are no longer a matter of State secret or, after public release, would not prejudice national security and interests and should not continue to be confidential and should be kept in a timely manner; and the period of confidentiality should be redefined before the expiry of the original period of confidentiality. Prevalence or extension of the period of confidentiality will be determined by the pre-existing authorities, units or by their superior organs.

Article 15, in addition to its own breakdown, shall be free of State secret, in accordance with the State secret determination process and in writing records, while written notification of organs, units or persons within the scope of the knowledge.

After the release of State secrets, the relevant organs, units or personnel should be able to make a statement of default in the vicinity of the original State secret mark.

Chapter III

Article 16 Production of State secrets shall be borne by organs, units or qualified units subject to confidential review by the confidential administration and, in accordance with the relevant provisions, shall indicate the scope and quantity of issuances and order numbers.

The material produced in the course of producing national secrets should be destroyed in a timely manner.

The place of producing a national secret vehicle should be in accordance with confidentiality requirements. The use of electronic equipment should take confidential measures to prevent electromagnetic disclosure.

Article 17 Collection of State secrets should be carried out with clear points, numbers, registration and contracting procedures.

Article 18 Transmission of State secrets shall be carried out through air traffic, air conditioning or other means consistent with confidentiality requirements, and seals of national secrets, indicating the name of the seal, number and receipt units.

Article 19 Use of State secrets should be carried out in office premises consistent with confidentiality requirements and should be strictly restricted to the extent of knowledge; it is necessary to use State secrets outside the premises and to comply with the relevant confidentiality provisions.

The use of State secrets should be carried out by registration, contracting.

Article 20 replicates or extracts, cites and compiles elements that are secrets of the State, and shall not be allowed to change the precision, the duration of confidentiality and the range of knowledge, and the reproduction shall be added to the reproduction organs, units and be administered with the same original.

Article 21 preserves the premises, facilities, equipment and equipment of the State's secret body and shall be in compliance with the State's confidentiality requirements. Staff departure from office premises should be stored in confidential equipment.

The authorities, units should conduct regular checks, collations of the depositary State secrets and identify problems to be corrected in a timely manner; serious problems should be reported to the same-level confidential administration.

Article 22 Maintenance of State secrets should be carried out by the agency and the specialized technical personnel of this unit. The maintenance of an external unit should be monitored on-site by the body and the personnel of the unit, and the need for maintenance outside the body should be consistent with national confidentiality provisions.

Article 23, which brings the State secret, should be in accordance with the State's confidentiality provisions and take reliable and confidential measures; the exit of the State's secret load should be authorized and executed in accordance with national confidentiality provisions.

Article 24 destroying State secrets should be in accordance with national confidentiality provisions and standards to ensure that national secret information for destruction is not available.

The destruction of State secrets should be carried out with clear points, registration, approval procedures, and be transmitted to destruction bodies established by the confidential administration or units designated by the confidential administration.

Article 25

Article 26 provides for the recording of registers of the State secret system, receipt, transmission, use, replication, maintenance, carrying and destruction, and shall designate the exclusive person to be kept in good custody.

Article 27, where the organ, unit has been withdrawn or merged, should be cleared, registered, checked, transferred to the organs, units or superior organs that have assumed their original functions and perform the contracting procedures.

Article 28, organs, units should strengthen the management of the information system and no organization or individual shall have the following acts:

(i) Access to the Internet and other public information networks involving sealed computers, controlled storage equipment;

(ii) In the absence of protective measures, the exchange of information between the Mitigation Information System and the Internet and other public information networks;

(iii) The use of non-consistency computers, storage of unrelated storage equipment and processing of State secret information;

(iv) Removal, modifying the security technical procedures and management procedures involved in the GIS;

(v) Removal from safe technologies will involve prefabricated computers, gifts, sale, abandonment or conversion to other uses.

Article 29 should establish a public confidential review system for sound information and designate specialized agencies responsible for the public confidential review of the information of this organ, the unit.

The authorities, units shall make specific comments to the intended public information by the sub-office and, after the review by the confidential review body, the heads of the confidential review process shall be authorized. Information must not be made publicly available without review and approval.

The organs, units shall make a written record of the public confidential review of information.

Article 33 shall establish a system of management of persons involved in a well-established manner, with clear reference to the rights, responsibilities and requirements of a close person, and conduct regular oversight inspections of the performance of the duties of the person in question.

Article 31 concerning the placement of a person concerned should be trained in confidential education, with confidential knowledge skills, signing a confidential commitment, strict compliance with the confidentiality regulations, halting and correcting violations of the confidentiality regulations and shall not in any way disclose State secrets.

Until the departure of a close person, it should be clear that the State secrets and confidential equipment used should be removed. During the period of default, the persons involved should perform their confidentiality obligations without prejudice to the provision of employment and must not disclose in any way State secrets.

Chapter IV Oversight management

Article 32, the confidential administration sector organizes confidential awareness education, confidential inspections, confidential technical protection and disclosure cases under the law and provides guidance and oversight for the confidentiality of organs, units.

Article 13. The confidential administration has found one of the following cases in the determination, change or removal of State secrets, and should be informed in a timely manner of corrective action by the relevant organs, units:

(i) There are no competent organs, units that determine State secrets, or competent organs, units that exceed the scope of competence;

(ii) Failure to establish State secrets in accordance with the scope of the matter of confidentiality;

(iii) No determination, modification or removal of State secrets in accordance with the statutory procedures;

(iv) Other secrets are not determined, modified or removed by law.

Relevant bodies, units should be corrected in a timely manner, and written feedback on corrective.

Article 34 quarantine administration shall conduct a confidential inspection by law of organs, units, in accordance with the following procedures:

(i) A briefing on the confidential work of the inspected bodies, units;

(ii) The selection of specific inspection targets;

(iii) Examination of the subject matter of inspection, access to confidential work materials and inform the person concerned;

(iv) To point out and remedy the problems identified in the examination;

(v) A summary of the inspection and complete the registration form of the inspection;

(vi) The inspection of the body, unit(s) and the need to be renovated should be made clear.

Article XV organs, units subject to inspection should be restructured in accordance with the clear elements and duration of the corrections in the confidential administration sector, as well as written feedback to the confidential administration.

The confidential administration should promote and guide the re-engineering of the inspected organs, units.

Article XVI, the body, the unit found that State secrets have been disclosed or may be disclosed, should take immediate remedial measures to investigate them in a timely manner and report to the same-level confidential administration within 24 hours.

The confidential administration should be reported on a case-by-step basis to the State's confidential administration within 24 hours and be promptly investigated or organized in accordance with the law, by the competent organs, units. Disclosure cases across the administrative area are handled by a joint top-level confidential administration sector to organize a confidential administration survey in the relevant regions.

Chapter V Legal responsibility

Article 37 The confidential administration does not perform its duties under the law or abuse of its functions, omissions, provocative fraud, renders it punishable by law to the competent and other persons directly responsible; constitutes an offence punishable by law.

Article 338, in violation of this approach, requires that changes made in the confidential administration sector require unwarranted delays or omissions, be corrected by a confidential administration or by the competent authority concerned; in serious circumstances, by law to the competent and other persons directly responsible. Persons who do not apply for disposal are subject to the supervision of their organs, units in the confidential administration.

Annex VI

Article 39 of this approach is implemented effective 1 April 2016. The Executive Rules of the Law on Conservation of State Secrete Secrete Law, issued by the Government of the People of Southern Province on 18 December 1992, were also repealed.