Chongqing To Implement Provisions Of The National Security Law

Original Language Title: 重庆市实施国家安全法规定

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Chongqing to implement provisions of the national security law

    (April 10, 2012, Chongqing Municipal People's Government 123th Executive meeting April 20, 2012, Chongqing Municipal People's Government announced order No. 264, come into force on July 1, 2012) first in order to safeguard national security, in accordance with the People's Republic of China national security law and the People's Republic of China implementing rules of the national security law and other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

    The second national security within the administrative area of the city and the maintenance of national security activities, these provisions shall apply. Third, State security organs in charge of the city's national security work.

    City State security organs to establish the national security branch under its jurisdiction shall assume duties of the responsible State security in the region.

    Police, security and other departments in accordance with the responsibilities assigned to do work related to national security.

    The fourth State organs, public organizations, enterprises, institutions and other organizations (hereinafter referred to as units) as well as individuals have the duty to safeguard national security and assist in national security work.

    Units and individuals found to endanger national security, or clue, shall be promptly reported to the State security organ or a public security organ.

    State security organs and individuals to carry out national security guidance, coordination and supervision of the work.

    To support and assist the national security units and individuals who make a significant contribution to the work, recognition and rewards.

    Five cadre training institutions at all levels should set up national security education courses, do a good job on the national staff of the national security education.

    Institutions of higher learning and secondary vocational schools should be under the guidance of the national security agency, national security awareness education to students.

    The sixth work of the organs of State security under the national security needs, may request that the relevant government departments, as well as telecommunications, postal services (Express), hotels, and other units provided free information relevant to the national security and other facilities, the units concerned shall provide assistance and cooperation.

    National Security Agency and the staff gets the relevant information can only be used for national security needs, and to strictly comply with confidentiality obligations.

    Seventh Government related departments and units concerned shall keep available for the national security agency and the staff of the relevant information and materials; national security agencies to request confidentiality of data and information, without consent of the State security organs shall not be provided to any units or individuals, except as otherwise provided by laws and regulations.

    Eighth when hosting large international meetings, major foreign-related activities, sponsored or sponsor should be informed prior to the national security agency.

    Major foreign-related cooperation projects involving State secrets, the host or sponsor should sign confidentiality agreements with foreign; to provide information should be reported to the State security organs or foreign competent authorities review.

    Nineth all units to maintain permanent outside agency or permanent staff, should be communicated to the State security organs, and accept the guidance of the national security agency.

    Involve State secrets, the outgoing personnel should be national security education, and develop appropriate safety precautions.

    Tenth officers working in special positions involving State secrets, and leave the special post but under the State away from the secret terms of service (collectively, the secret), exit for private, the unit to which they know the exit should be immediately reported to the State security organs.

    11th under any of the following circumstances, the unit should be immediately reported to the State security organs:

    (A) the diplomatic personnel of foreign institutions, organizations, individuals formulate, suspected of having been bribed;

    (B) absent diplomatic personnel in foreign countries, detention or join cults of no return;

    (C) personnel defected or defected abroad outside of work and (iv) State secrets was stealing, spying by foreign institutions, organizations and individuals;

    (E) other circumstances of national security violations.

    12th national staff defections or remain abroad, their units in the reporting State security organs at the same time, should also implement risk assessment and take appropriate remedial measures, and with the national security agency.

    13th State security organs for national security needs, according to the relevant regulations of the State, can draw attention to customs, border control and other inspection authorities and civilian airport security agency, on the personnel, equipment and information exempt or focus on, the units concerned shall provide assistance.

    14th State security agencies the need to maintain national security, according to relevant regulations of the State requisitioned and personal means of transport, communication tools, sites and buildings should be returned promptly after use, and corresponding expenses; losses should be compensated.

    15th National Security Agency staff in the implementation of the national security mandate, present a police certificate, or reconnaissance pass, access to traffic control zones, bonded areas, or areas according to relevant regulations of the State, after approval, you can enter the restricted access to the areas concerned, places, units, view or access to relevant archives, information and articles.

    16th national security staff in the implementation of State security emergency task, present a police certificate, or reconnaissance pass, will be given priority to buy flight tickets, train tickets, bus tickets, ticket or take back a ticket, you can choose to take the position.

    Performing a task for national security vehicles, have the same right of way and standard police car; the show reconnaissance licence or special permit, free level check.

    17th State security organs for the following construction projects involving national security matters in accordance with a license:

    (A) airport, customs, postal hub, telecommunications hub, entry and exit ports, railway stations and other construction projects;

    (B) security control construction projects in the region;

    (C) the national regulations of other construction projects that involve matters of national security.

    Specific security control areas provided for in the preceding paragraph, shall be determined by the context.

    The 18th new construction, renovation or expansion projects listed in the 17th, the construction unit in when applying for a license in matters involving national security, the following documents shall be submitted:

    (A) the application for construction projects;

    (B) to reflect the construction projects in and around 500 meters actuality, accuracy of not less than 1:2000 topographic map;

    (C) project of engineering design, the weak electricity system design;

    (D) other material provided by State security organs. 19th 17th second provision in the first paragraph of article-building projects, involving matters of national security license application accepted by the planning authorities, referred to the State security organs shall be followed.

    Specific programs, construction of administrative examination and approval system reform, in accordance with the relevant provisions.

    17th construction projects provided for under article first to third, it concerns matters of national security license application accepted directly by the national security agency.

    20th national safety authority shall within 10 working days from the date of receipt of the application to review the construction project and make decisions based on the following conditions:

    (A) the projects meet the requirements of safeguarding national security, and make a decision on licensing decisions;

    (B) the project does not meet the national security requirements, but taking the necessary security precautions to eliminate hidden dangers, construction projects proposed by the national security agency in the design, construction, use, and so prevention of written request by written commitment of the applicant, may decide to grant licenses;

    (C) the project site or the design does not meet the national security requirements, and not through the adoption of preventive measures to eliminate the risk of national security, not to permit a written decision, and explain the reasons.

    21st deals with matters of national security before construction projects completed and put into use, whether the national security agency construction projects should be consistent with national security requirements are checked, does not meet the requirements of the national security, order the rectification; if no correction or rectification is not qualified, shall not be put into use.

    22nd in preparation or modification of the planning, the Planning Department, planning related to security control area should be consulted in writing the State security organs.

    For transferring security control areas of State-owned land use right, planning departments in the preparation of the proposed land planning conditions, it shall seek the views of the State security organs. Postal authorities review 23rd express business license applications, consideration should be given to national security, and in consultation with the national security agency.

    The State security organs shall receive postal authorities for comments within 10 working days from the date of the material presented.

    Postal, express delivery companies to improve safety, implementation of acceptance inspection system, the national security authorities shall strengthen the supervision and management.

    24th national security agencies should be involved in the information security products, important information network and system security detection and risk assessment; does not meet the national security requirements, the proposed disposal advice.

    25th unit has one of the following acts, the national security authorities shall order rectification, elimination of hazards; directly responsible for executives and other personnel to warning, reprimand or ordered to repentance, and disciplined attention of the authority:

    (A) national staff defections or stranded abroad do not return, the unit was not reported to the State security organs;

    (B) the related personnel going abroad for private, the unit was not reported to the State security organs;

    (C) organizing important international conferences, large-scale foreign-related activities are not informed the State security organs.

    26th under any of the following acts, caused the State leaked national security work, in accordance with the People's Republic of China National Security Law article 28th of punishment; minor, by the national security agency to warning, reprimand or ordered to repentance, and disciplined attention of the authority:

    (A) failure to fulfil the duty of confidentiality and national security-related information, information disclosure;

    (B) illegally providing State security organs and their staff information and materials;

    (C) other acts that reveal national security secrets.

    27th hamper national security agency staff in performing their duties according to law by the State security organs in accordance with the People's Republic of China national security law and the People's Republic of China Law on administrative penalties for public security and other relevant legal provisions.

    28th construction projects involving national security matters without the construction of the national security agency permission, by the national security agency a rectification; it fails, in conjunction with relevant authorities and can be directly in charge of personnel and other persons directly responsible to warning, reprimand or ordered to repentance.

    Construction projects involving national security matters have been completed but without a national safety authority checks or checks failed, unauthorized use, ordered by the State security organs to correct; it fails, in conjunction with relevant authorities and can be directly in charge of personnel and other persons fined 1000 Yuan fine.

    29th national security agency staff in carrying out their duties, abuse of authority, dereliction of duty, favoritism or other illegal acts, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    30th national security authorities failed to carry out maintenance duties or obligations, the directly responsible person in charge and other direct liable persons shall be disposed of; constitutes a crime, criminal responsibility shall be investigated according to law. The 31st article of the provisions come into force on July 1, 2012.