The Law of the People's Republic of China on Guarding State Secrets
Publish Time:
2024-05-06
The Law of the People's Republic of China on Keeping State Secrets
(Adopted at the Third Session of the Standing Committee of the Seventh National People's Congress on September 5, 1988; First Amendment at the Fourteenth Session of the Standing Committee of the Eleventh National People's Congress on April 29, 2010; Second Amendment at the Eighth Session of the Standing Committee of the Fourteenth National People's Congress on February 27, 2024)
Contents
Chapter 1 General Provisions
Chapter 2 Scope and Classification of State Secrets
Chapter 3 Confidentiality System
Chapter 4 Supervision and Management
Chapter 5 Legal Liabilities
Chapter 6 Supplementary Provisions
Chapter 1 General Provisions
Article 1 For the purpose of keeping state secrets, maintaining national security and interests, and ensuring the smooth progress of reform, opening up, and socialist modernization, this Law is formulated in accordance with the Constitution.
Article 2 State secrets are matters related to national security and interests, determined through legally prescribed procedures, and accessible only to a limited number of people within a specific timeframe.
Article 3 The Communist Party of China shall lead the work of keeping state secrets (hereinafter referred to as "confidentiality work"). The central leading body for confidentiality work leads the national confidentiality work, researches and formulates, and guides the implementation of national confidentiality work strategies and major policies, coordinates major national confidentiality matters and important work, and promotes the construction of national confidentiality laws.
Article 4 Confidentiality work adheres to the overall national security perspective, follows the principles of Party management of confidentiality, management according to law, proactive prevention, emphasis on key areas, equal emphasis on technological and management approaches, and innovative development. It ensures the security of state secrets while facilitating the reasonable utilization of information resources. Matters that are legally or administratively stipulated to be open to the public shall be publicly disclosed according to law.
Matters that are legally or administratively stipulated to be open to the public shall be publicly disclosed according to law.
Article 5 State secrets are protected by law.
All state organs and armed forces, political parties and people's organizations, enterprises, institutions, and other social organizations, as well as citizens, have the obligation to maintain confidentiality.
Any act that endangers the security of state secrets must be investigated by law.
Article 6 The national confidentiality administrative management department is in charge of the national confidentiality work. Confidentiality administrative management departments at all levels of local governments above the county level shall be in charge of the confidentiality work within their respective administrative regions.
Article 7 State organs and units that handle state secrets (hereinafter referred to as "organs and units") manage the confidentiality work of their respective organs and units.
Central state organs manage or guide confidentiality work within their jurisdictions.
Article 8 Organs and units shall implement a system of responsibility for confidentiality work, establish confidentiality work institutions or designate specific personnel to be in charge of confidentiality work according to law, improve confidentiality management systems, improve confidentiality protection measures, conduct confidentiality publicity and education, and strengthen confidentiality supervision and inspection.
Article 9 The state adopts various forms to strengthen confidentiality publicity and education, incorporates confidentiality education into the national education system and civil servant education and training system, encourages mass media to conduct confidentiality publicity and education to the public, popularizes confidentiality knowledge, promotes confidentiality laws, and enhances public awareness of confidentiality.
Article 10 The state encourages and supports research and application of confidentiality science and technology, improves independent innovation capabilities, and protects intellectual property rights in the field of confidentiality according to law.
Article 11 People's governments at and above the county level shall incorporate confidentiality work into the national economic and social development plans at their respective levels, and the necessary funds shall be included in their budgets.
The funds needed for organs and units to carry out confidentiality work shall be included in the annual budget or annual revenue and expenditure plan of the relevant organ or unit.
Article 12 The state strengthens the cultivation of confidentiality personnel and team building, and improves relevant incentive and guarantee mechanisms.
Organizations and individuals who make outstanding contributions to the work of keeping and protecting state secrets shall be commended and awarded according to relevant state regulations.
Chapter 2 Scope and Classification of State Secrets
Article 13 The following matters involving national security and interests, the disclosure of which may harm the security and interests of the state in the political, economic, national defense, and diplomatic fields, shall be designated as state secrets:
(1) Secret matters in major decision-making on state affairs;
(2) Secret matters in national defense construction and armed forces activities;
(3) Secret matters in diplomacy and foreign affairs, as well as secret matters with confidentiality obligations undertaken to foreign parties;
(4) Secret matters in national economic and social development;
(5) Secret matters in science and technology;
(6) Secret matters in maintaining national security and investigating criminal offenses;
(7) Other secret matters determined by the national confidentiality administrative management department.
Secret matters of political parties that meet the requirements of the preceding paragraph are considered state secrets.
Article 14 State secrets are classified into three levels: top secret, secret, and confidential.
Top secret state secrets are the most important state secrets; disclosure will cause particularly serious damage to national security and interests. Secret state secrets are important state secrets; disclosure will cause serious damage to national security and interests. Confidential state secrets are general state secrets; disclosure will cause damage to national security and interests.
Article 15 The specific scope of state secrets and their classification levels (hereinafter referred to as the scope of confidential matters) shall be stipulated by the national confidentiality administrative management department alone or in conjunction with relevant central state organs.
The scope of confidential matters in military affairs shall be stipulated by the Central Military Commission.
The determination of the scope of confidential matters should follow the principles of necessity and rationality, conduct scientific argumentation and assessment, and be adjusted in a timely manner according to changes in the situation. The stipulations on the scope of confidential matters should be made public within the relevant scope.
Article 16 The chief person in charge of the organ or unit and the personnel designated by them shall be the persons responsible for classification, and are responsible for the determination, change, and lifting of state secrets within their respective organs and units.
The determination, change, and revocation of state secrets by an organ or unit should be proposed by the handler with specific opinions, and approved by the person in charge of the confidentiality after review.
Article Seventeen The confidentiality level of state secrets should be determined in accordance with the authorization for confidentiality.
Central state organs, provincial organs, and their authorized organs and units may determine top secret, secret, and confidential state secrets; organs and units at the prefecture-level city and above and their authorized organs and units may determine secret and confidential state secrets; In special circumstances where confidentiality cannot be authorized according to the above-mentioned provisions, the state secrecy administrative management department or the secrecy administrative management department of the province, autonomous region, or municipality directly under the Central Government may grant the organs and units the authority to determine confidentiality. The specific authority and scope of authorization for confidentiality shall be stipulated by the State Secrecy Administrative Management Department.
If a subordinate organ or unit considers that the confidentiality matters generated by its organ or unit fall within the authority of the superior organ or unit, it should take confidentiality measures first and immediately report to the superior organ or unit for determination; if there is no superior organ or unit, it should immediately request the competent business department or the secrecy administrative management department with the corresponding authority for confidentiality to determine.
Public security organs and state security organs shall, within their working scope, determine the confidentiality level of state secrets in accordance with the prescribed authority.
Article Eighteen When an organ or unit executes state secret matters determined by a superior level or handles state secret matters determined by other organs or units, and needs to derive confidentiality, it shall be determined according to the confidentiality level of the state secret matters being executed or handled.
Article Nineteen Organs and units shall, for the state secret matters they generate, determine the confidentiality level in accordance with the provisions of the scope of confidential matters, and at the same time determine the confidentiality period and the scope of knowledge; if conditions permit, they can mark the confidential points.
Article Twenty The confidentiality period of state secrets should be limited to a necessary period according to the nature and characteristics of the matters, in accordance with the needs of safeguarding national security and interests; if the period cannot be determined, the conditions for declassification should be determined.
Unless otherwise provided, the confidentiality period of state secrets shall not exceed thirty years for top secret, twenty years for secret, and ten years for confidential.
Organs and units shall determine the specific confidentiality period, declassification time, or declassification conditions according to the needs of their work.
For matters determined to require confidentiality in the process of deciding and handling relevant matters, organs and units shall be deemed to be declassified upon formal publication if they are decided to be made public as required by the work.
Article Twenty-one The scope of knowledge of state secrets shall be limited to the minimum scope as needed for the work.
If the scope of knowledge of state secrets can be limited to specific personnel, it shall be limited to specific personnel; if it cannot be limited to specific personnel, it shall be limited to organs and units, and the organs and units shall limit it to specific personnel.
Personnel outside the scope of knowledge of state secrets who need to know state secrets due to work needs shall be approved by the main person in charge of the organ or unit or the person designated by him/her. If the original confidentiality organ or unit has clear provisions on expanding the scope of knowledge of state secrets, it shall abide by its provisions.
Article Twenty-two Organs and units shall mark state secret markings on carriers such as paper, optical, and electromagnetic media (hereinafter referred to as state secret carriers) and equipment and products that belong to state secrets.
Electronic documents involving state secrets shall be marked with state secret markings in accordance with relevant national regulations.
Items that do not belong to state secrets shall not be marked with state secret markings.
Article Twenty-three The confidentiality level, confidentiality period, and scope of knowledge of state secrets shall be changed in a timely manner according to changes in circumstances. The change of the confidentiality level, confidentiality period, and scope of knowledge of state secrets shall be decided by the original confidentiality organ or unit, or by its superior organ.
When the confidentiality level, confidentiality period, and scope of knowledge of state secrets are changed, written notice shall be given to the organs, units, or personnel within the scope of knowledge in a timely manner.
Article Twenty-four Organs and units shall review the state secrets they have determined annually.
State secrets whose confidentiality period has expired shall be automatically declassified. If, within the confidentiality period, the confidentiality matters are no longer considered state secrets due to adjustments to the scope of confidential matters, or if they can be publicly disclosed without harming national security and interests, and do not need to continue to be kept confidential, they shall be declassified in a timely manner; if the confidentiality period needs to be extended, the confidentiality level, confidentiality period, and scope of knowledge shall be redetermined before the expiration of the original confidentiality period. Premature declassification or extension of the confidentiality period shall be decided by the original confidentiality organ or unit, or by its superior organ.
Article Twenty-five For matters where it is unclear whether they constitute state secrets or what confidentiality level they belong to, or where there are disputes, the State Secrecy Administrative Management Department or the secrecy administrative management department of a province, autonomous region, or municipality directly under the Central Government shall determine them in accordance with national secrecy regulations.
Chapter 3 Confidentiality System
Article Twenty-six The production, receiving, transmission, use, copying, preservation, maintenance, and destruction of state secret carriers shall comply with national secrecy regulations.
Top secret state secret carriers shall be stored in facilities and equipment that meet national secrecy standards, and a designated person shall be assigned to manage them; they shall not be copied or excerpted without the approval of the original confidentiality organ or unit or its superior organ; receiving, transmission, and carrying outside shall be the responsibility of a designated person, and necessary security measures shall be taken.
Article Twenty-seven The research and development, production, transportation, use, storage, maintenance, and destruction of equipment and products that belong to state secrets shall comply with national secrecy regulations.
Article Twenty-eight Organs and units shall strengthen the management of state secret carriers, and no organization or individual shall engage in the following acts:
(1) Illegally acquiring or possessing state secret carriers;
(2) Buying, selling, forwarding, or privately destroying state secret carriers;
(3) Transmitting state secret carriers through channels without confidentiality measures, such as ordinary postal services and express delivery;
(4) Mailing or shipping state secret carriers out of the country;
(5) Carrying or transmitting state secret carriers out of the country without the approval of the relevant competent department;
(6) Other acts that violate the confidentiality regulations for state secret carriers.
Article Twenty-nine It is prohibited to illegally copy, record, or store state secrets.
It is prohibited to transmit state secrets on the Internet and other public information networks or wired and wireless communications without taking effective confidentiality measures in accordance with national confidentiality regulations and standards.
It is forbidden to involve state secrets in private interactions and communications.
Article 30 Computer information systems that store and process state secrets (hereinafter referred to as confidential information systems) shall implement classified protection according to the degree of confidentiality.
Confidential information systems shall be planned, constructed, operated, and maintained in accordance with national secrecy regulations and standards, and shall be equipped with secrecy facilities and equipment. Secrecy facilities and equipment shall be planned, constructed, and operated synchronously with confidential information systems.
Confidential information systems shall be put into use only after passing the inspection and shall regularly conduct risk assessments.
Article 31 Organs and units shall strengthen the secrecy management of information systems and information equipment, establish self-monitoring facilities for secrecy, and promptly identify and deal with security and secrecy risks and hidden dangers. No organization or individual shall engage in the following acts:
(1) Failing to take effective secrecy measures in accordance with national secrecy regulations and standards, connecting confidential information systems and confidential information equipment to the Internet and other public information networks;
(2) Failing to take effective secrecy measures in accordance with national secrecy regulations and standards, exchanging information between confidential information systems, confidential information equipment and the Internet and other public information networks;
(3) Using non-confidential information systems and non-confidential information equipment to store or process state secrets;
(4) Unauthorized unloading or modification of security technical procedures and management procedures of confidential information systems;
(5) Donating, selling, discarding, or using confidential information equipment that has been decommissioned without security technology processing for other purposes;
(6) Other acts that violate the secrecy regulations for information systems and information equipment.
Article 32 Security and secrecy products and secrecy technical equipment used to protect state secrets shall comply with national secrecy regulations and standards.
The state shall establish a system for spot checks and re-inspections of security and secrecy products and secrecy technical equipment, which shall be inspected by institutions established or authorized by the national secrecy administrative management department.
Article 33 The editing, publishing, printing, and distribution of newspapers, books, audio-visual products, and electronic publications, the production and broadcast of radio programs, television programs, and films, and the production, reproduction, publication, and dissemination of network information shall comply with national secrecy regulations.
Article 34 Network operators shall strengthen the management of the information released by their users, cooperate with the supervisory organs, secrecy administrative management departments, public security organs, and state security organs in investigating and handling cases suspected of leaking state secrets; if they find that information released using the Internet and other public information networks is suspected of leaking state secrets, they shall immediately stop transmitting the information, preserve relevant records, and report to the secrecy administrative management department or the public security organs and state security organs; they shall delete information involving the leakage of state secrets and conduct technical processing on relevant equipment according to the requirements of the secrecy administrative management department or the public security organs and state security organs.
Article 35 Organs and units shall conduct secrecy reviews of information intended for public release in accordance with the law and comply with national secrecy regulations.
Article 36 The conduct of data processing activities involving state secrets and their security supervision shall comply with national secrecy regulations.
The national secrecy administrative management department and the secrecy administrative management departments of provinces, autonomous regions, and municipalities directly under the Central Government, together with relevant competent departments, shall establish a security and secrecy prevention and control mechanism, adopt security and secrecy prevention and control measures, and prevent the leakage of secrets caused by data aggregation and correlation.
Organs and units shall strengthen the security management of data that belongs to state secret matters after aggregation and correlation in accordance with the law.
Article 37 Organs and units providing state secrets to foreign countries or organizations and institutions established abroad within China, and foreign personnel employed or hired who need to know state secrets due to their work, shall follow relevant national regulations.
Article 38 If a conference or other activity involves state secrets, the sponsoring unit shall take secrecy measures, conduct secrecy education for participants, and put forward specific secrecy requirements.
Article 39 Organs and units shall identify institutions involving top-secret or a large number of confidential and secret state secrets as key secrecy departments, and identify special places where carriers of state secrets are centrally produced, stored, and kept as key secrecy sites, and equip and use necessary technical protection facilities and equipment in accordance with national secrecy regulations and standards.
Article 40 Military restricted areas, military management areas, and other places and sites that are not open to the public due to state secrecy shall adopt secrecy measures, and shall not be arbitrarily decided to be open to the public or have their scope of opening expanded without the approval of relevant departments.
The surrounding areas of confidential military facilities and other important confidential units shall strengthen secrecy management in accordance with national secrecy regulations.
Article 41 Enterprises and institutions engaged in business involving state secrets shall have corresponding secrecy management capabilities and comply with national secrecy regulations.
Enterprises and institutions engaged in the production, reproduction, repair, and destruction of state secret carriers, the integration of confidential information systems, weapons and equipment research and development and production, or the construction of confidential military facilities, etc., shall obtain secrecy qualifications after examination and approval.
Article 42 Organs and units purchasing goods and services involving state secrets, and units directly involved in the construction, design, construction, and supervision of projects involving state secrets, shall comply with national secrecy regulations.
Organs and units entrusting enterprises and institutions to engage in business involving state secrets shall sign secrecy agreements with them, put forward secrecy requirements, and take secrecy measures.
Article 43 Personnel working in confidential positions (hereinafter referred to as confidential personnel) are divided into core confidential personnel, important confidential personnel, and general confidential personnel according to the degree of confidentiality, and are subject to classified management.
The employment and hiring of confidential personnel shall be subject to examination in accordance with relevant national regulations.
Confidential personnel shall have good political quality and conduct, have received secrecy education and training, have the ability to perform their duties in confidential positions and secrecy knowledge and skills, sign a secrecy commitment letter, strictly abide by national secrecy regulations, and assume secrecy responsibilities.
The legitimate rights and interests of confidential personnel are protected by law. Confidential personnel whose legitimate rights and interests are affected and restricted due to secrecy reasons shall be given corresponding treatment or compensation in accordance with relevant national regulations.
Article 44 Organizations and units should establish and improve the management system for personnel handling classified information, clarifying the rights, responsibilities, and requirements of personnel handling classified information, and conducting regular supervision and inspection of the performance of duties by personnel handling classified information.
Article 45 Personnel handling classified information must obtain approval from the relevant departments before leaving the country. If the relevant authorities believe that the departure of personnel handling classified information will endanger national security or cause significant losses to national interests, approval for departure shall not be granted.
Article 46 Personnel handling classified information shall comply with state secrecy regulations when leaving their posts or positions. Organizations and units shall conduct secrecy education and reminders, return classified materials, and implement a declassification period management. During the declassification period, personnel handling classified information shall not violate regulations regarding employment and departure from the country, and shall not disclose state secrets in any way; after the declassification period, they should abide by the state secrecy regulations and continue to fulfill their secrecy obligations regarding the state secrets they have learned. If personnel handling classified information seriously violate the state secrecy regulations regarding leaving their posts, positions, and the declassification period, the organizations and units should promptly report to the same-level secrecy administrative management department, which will, together with the relevant departments, take disposal measures in accordance with the law.
Article 47 If state functionaries or other citizens discover that state secrets have been or may be leaked, they shall immediately take remedial measures and promptly report to the relevant organizations and units. Upon receiving the report, the organizations and units shall immediately deal with the matter and promptly report to the secrecy administrative management department.
Chapter 4 Supervision and Management
Article 48 The state secrecy administrative management department, in accordance with the provisions of laws and administrative regulations, shall formulate secrecy regulations and national secrecy standards.
Article 49 The secrecy administrative management department shall, in accordance with the law, organize and carry out secrecy publicity and education, secrecy inspections, secrecy technical protection, and investigation and handling of secrecy violation cases, and provide guidance and supervision for secrecy work.
Article 50 If the secrecy administrative management department finds that the determination, change, or lifting of state secrets is improper, it shall promptly notify the relevant organizations and units to correct it.
Article 51 The secrecy administrative management department shall, in accordance with the law, inspect the compliance of organizations and units with secrecy laws, regulations, and relevant systems; if suspected of secrecy violations, it shall promptly investigate and handle them or organize and supervise the relevant organizations and units to investigate and handle them; if suspected of crimes, it shall transfer the case to the supervisory or judicial organs for handling in accordance with the law.
For personnel handling classified information who seriously violate state secrecy regulations, the secrecy administrative management department shall suggest that the relevant organizations and units transfer them from positions involving classified information.
Relevant organizations, units, and individuals shall cooperate with the secrecy administrative management department in performing its duties in accordance with the law.
Article 52 In secrecy inspections and case investigations and handling, the secrecy administrative management department may, in accordance with the law, consult relevant materials, inquire personnel, record situations, and pre-register and store relevant facilities, equipment, documents, and materials; if necessary, it may conduct secrecy technology testing.
The secrecy administrative management department shall confiscate illegally obtained or held classified materials discovered during secrecy inspections and case investigations and handling; if it discovers potential leaks of state secrets, it shall require measures to be taken and corrections to be made within a time limit; for facilities, equipment, and venues with potential leaks of state secrets, it shall order them to be stopped from use.
Article 53 The organ handling a case suspected of leaking state secrets, if it needs to determine whether the relevant matters constitute state secrets and what level of secrecy they belong to, shall be determined by the national secrecy administrative management department or the secrecy administrative management department of the province, autonomous region, or municipality directly under the Central Government.
Article 54 If organizations and units fail to impose penalties in accordance with the law on personnel who violate state secrecy regulations, the secrecy administrative management department shall suggest corrections; if they refuse to correct, it shall request their superior organs or supervisory organs to deal with the responsible leaders and directly responsible personnel of the organizations and units in accordance with the law.
Article 55 Secrecy administrative management departments at or above the prefecture-level cities shall establish a secrecy risk assessment mechanism, a monitoring and early warning system, and an emergency handling system, and conduct information collection, analysis, and reporting work together with relevant departments.
Article 56 Secrecy associations and other industry organizations shall conduct activities in accordance with laws and administrative regulations, promote industry self-discipline, and promote the healthy development of the industry.
Chapter 5 Legal Liabilities
Article 57 Those who violate the provisions of this Law and have one of the following circumstances shall be given administrative penalties according to the severity of the circumstances; those with illegal gains shall have their illegal gains confiscated:
(1) Illegally obtaining or possessing carriers of state secrets;
(2) Buying, selling, transferring, or privately destroying carriers of state secrets;
(3) Transferring carriers of state secrets through channels without secrecy measures, such as ordinary post and express delivery;
(4) Mailing or transporting carriers of state secrets out of the country, or carrying or transferring carriers of state secrets out of the country without the approval of the relevant competent authorities;
(5) Illegally copying, recording, or storing state secrets;
(6) Involving state secrets in private interactions and communications;
(7) Failing to adopt effective secrecy measures in accordance with state secrecy regulations and standards when transferring state secrets on the Internet and other public information networks or through wired and wireless communications;
(8) Failing to adopt effective secrecy measures in accordance with state secrecy regulations and standards when connecting classified information systems and classified information equipment to the Internet and other public information networks;
(9) Failing to adopt effective secrecy measures in accordance with state secrecy regulations and standards when exchanging information between classified information systems, classified information equipment, and the Internet and other public information networks;
(10) Using non-classified information systems and non-classified information equipment to store and process state secrets;
(11) Arbitrarily uninstalling or modifying the security technical programs or management programs of classified information systems;
(12) Giving away, selling, discarding, or using decommissioned classified information equipment for other purposes without security processing;
(13) Other circumstances that violate the provisions of this Law.
Personnel who have the circumstances mentioned in the preceding paragraph but do not constitute a crime and are not subject to penalties shall be dealt with by their organizations and units under the supervision of the secrecy administrative management department.
Article 58 If organizations and units violate the provisions of this Law and major incidents of leaking state secrets occur, the directly responsible persons in charge and other directly responsible personnel shall be given penalties in accordance with the law. Personnel who are not subject to penalties shall be dealt with by their competent departments under the supervision of the secrecy administrative management department.
If an authority or unit violates the provisions of this Law, fails to classify matters that should be classified, classifies matters that should not be classified, or fails to fulfill its responsibility for declassification review, causing serious consequences, the person directly in charge and other directly responsible persons shall be given disciplinary action according to law.
Article 59 If a network operator violates the provisions of Article 34 of this Law, the public security organs, state security organs, telecommunications authorities, and state secrecy administrative departments shall impose penalties according to law in accordance with their respective responsibilities.
Article 60 If an enterprise or institution that has obtained secrecy qualification violates the state secrecy regulations, the state secrecy administrative department shall order it to rectify within a time limit, give a warning or issue a public criticism; if there are illegal gains, the illegal gains shall be confiscated; if the circumstances are serious, the confidential business shall be suspended and the qualification level shall be lowered; if the circumstances are especially serious, the secrecy qualification shall be revoked.
If an enterprise or institution that has not obtained secrecy qualification illegally engages in confidential business as stipulated in paragraph 2 of Article 41 of this Law, the state secrecy administrative department shall order it to stop the confidential business, give a warning or issue a public criticism; if there are illegal gains, the illegal gains shall be confiscated.
Article 61 If a staff member of the state secrecy administrative department abuses his/her power, neglects his/her duty, or practices favoritism and malfeasance in the performance of his/her duties in secrecy management, he/she shall be given disciplinary action according to law.
Article 62 If a violation of the provisions of this Law constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter 6 Supplementary Provisions
Article 63 The specific provisions on carrying out secrecy work by the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be formulated by the Central Military Commission in accordance with this Law.
Article 64 Authorities and units shall adopt necessary protective measures for matters that are not state secrets but will cause certain adverse effects if leaked during the performance of their functions, using work secrecy management methods. Work secrecy management methods are stipulated separately.
Article 65 This Law shall come into force on May 1, 2024.
Recommended News