The Law of the People's Republic of China on Keeping State Secrets
Contents

Chapter I   General Provisions

Chapter II   Scope and Classification of State Secrets

Chapter III   Secrecy System

Chapter IV   Supervision and Management

Chapter V   Legal Liabilities

Chapter VI   Appendix   Provisions

 

Chapter I   General   Provisions

Article 1    This Law is enacted for the purpose of keeping state secrets, maintaining national security and interests, and ensuring the smooth progress of reform, opening-up, and socialist construction.

Article 2    State secrets refer to matters that relate to national security and interests, are determined through statutory procedures, and are only known to a limited number of people within a specific period of time.

Article 3    State secrets are protected by law.

All state organs, armed forces, political parties, social organizations, enterprises and institutions, and citizens have the obligation to keep state secrets.

Any act that endangers the security of state secrets shall be investigated by law.

Article 4    The work of keeping state secrets (hereinafter referred to as "secrecy work") shall adopt a policy of active prevention, highlighting key areas, and management in accordance with the law, ensuring both the security of state secrets and the convenient and rational use of information resources.

Matters legally prescribed to be public shall be made public in accordance with the law.

Article 5    The national secrecy administrative management department is in charge of national secrecy work. The local secrecy administrative management departments at and above the county level are in charge of the secrecy work in their respective administrative regions.

Article 6    State organs and units involved in state secrets (hereinafter referred to as "organs and units") manage the secrecy work of their organs and units.

Central state organs manage or guide the secrecy work within their respective jurisdictions.

Article 7    Organs and units shall implement a responsibility system for secrecy work, improve the secrecy management system, improve secrecy protection measures, carry out secrecy publicity and education, and strengthen secrecy inspections.

Article 8    The state shall reward units or individuals with outstanding achievements in keeping and protecting state secrets, improving secrecy technology and measures, etc.

 

Chapter II    Scope and Classification of State Secrets

Article 9    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 identified 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 diplomatic and foreign affairs, as well as secret matters with an obligation of confidentiality to foreign countries;

(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 secrecy administrative management department.

Secret matters of political parties that meet the provisions of the preceding paragraph shall be state secrets.

Article 10  State secrets are classified into three levels: top secret, secret, and confidential.

Top secret state secrets are the most important state secrets; disclosure would cause particularly serious damage to national security and interests. Secret state secrets are important state secrets; disclosure would cause serious damage to national security and interests. Confidential state secrets are general state secrets; disclosure would cause damage to national security and interests.

Article 11  The specific scope of state secrets and their classification levels shall be stipulated separately by the national secrecy administrative management department in conjunction with the diplomatic, public security, national security, and other relevant central organs.

The specific scope of state secrets and their classification levels in the military field shall be stipulated by the Central Military Commission.

Regulations on the specific scope of state secrets and their classification levels shall be announced within the relevant scope and adjusted in a timely manner according to changes in the situation.

Article 12  The head of an organ or unit and the person(s) designated by him/her shall be the person(s) responsible for classifying documents, responsible for the work of determining, changing, and lifting the classification of state secrets in the organ or unit.

When determining, changing, or lifting the classification of state secrets in their respective organs or units, organs or units shall have the person in charge of the matter submit specific opinions, which are then reviewed and approved by the person responsible for classifying documents.

Article 13  When determining the classification level of state secrets, the authority to classify documents must be observed.

Central state organs, provincial-level organs, and their authorized organs and units may determine state secrets as top secret, secret, or confidential; organs and units at the prefecture-level city or autonomous prefecture level and their authorized organs and units may determine state secrets as secret or confidential. The specific authority to classify documents and scope of authorization shall be stipulated by the national secrecy administrative management department.

When an organ or unit implements a state secret matter determined by a superior level, and classification is required, the classification level shall be determined according to the classification level of the implemented state secret matter. If a lower-level organ or unit believes that a matter requiring classification that originated within the lower-level organ or unit falls under the authority of a superior-level organ or unit, it shall first adopt secrecy measures and immediately report to the superior-level organ or unit for determination; if there is no superior-level organ or unit, it shall immediately request the competent business department or secrecy administrative management department with corresponding authority to classify documents to make the determination.

Public security and national security organs shall, within their work scope, determine the classification levels of state secrets in accordance with the prescribed authority.

Article 14  Organs and units shall, in accordance with the provisions on the specific scope of state secrets and their classification levels, determine the classification level for state secret matters they generate, and also determine the confidentiality period and scope of persons who may know.

Article 15  The confidentiality period of state secrets shall be limited to the necessary period according to the nature and characteristics of the matter, in accordance with the needs of maintaining national security and interests; if the period cannot be determined, the conditions for declassification shall 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 be confidential in the process of deciding and handling relevant matters, organs and units shall, according to the needs of their work, treat them as declassified upon formal publication when they are decided to be made public.

Article Sixteen  The scope of access to state secrets shall be limited to the minimum necessary for work.

If the scope of access to 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, which shall limit it to specific personnel.

Personnel outside the scope of access to state secrets who need to know state secrets for work purposes shall be approved by the head of the relevant organ or unit.

Article Seventeen  Organs and units shall mark state secrets on carriers such as paper media, optical media, and electromagnetic media (hereinafter referred to as "state secret carriers") and equipment and products that constitute state secrets.

Matters that do not constitute state secrets shall not be marked as such.

Article Eighteen  The classification, confidentiality period, and scope of access to state secrets shall be changed in a timely manner according to changes in circumstances. Changes to the classification, confidentiality period, and scope of access to state secrets shall be decided by the original classifying organ or unit, or by its superior organ.

Changes to the classification, confidentiality period, and scope of access to state secrets shall be promptly notified in writing to the organs, units, or individuals within the scope of access.

Article Nineteen  State secrets whose confidentiality period has expired shall be automatically declassified.

Organs and units shall regularly review the state secrets they have identified. For matters that are no longer considered state secrets due to adjustments in the scope of confidential matters during the confidentiality period, or that can be made public without harming national security and interests, and no longer require confidentiality, they should be promptly declassified; for matters that require an extension of the confidentiality period, the confidentiality period should be re-determined before the original confidentiality period expires. The advance declassification or extension of the confidentiality period shall be decided by the original classifying organ or unit, or by its superior organ.

Article Twenty  For matters where it is unclear or there is controversy as to whether they constitute state secrets or their classification, the State secrecy administrative department or the provincial, autonomous region, or municipal secrecy administrative department shall determine.

 

Chapter III Confidentiality System

 

Article Twenty-One  The production, receipt, transmission, use, copying, storage, maintenance, and destruction of state secret carriers shall comply with national confidentiality regulations.

Top secret state secret carriers shall be stored in facilities and equipment that meet national confidentiality standards, and shall be managed by designated personnel; they shall not be copied or excerpted without the approval of the original classifying organ or unit or its superior organ; their receipt, transmission, and carrying outside shall be handled by designated personnel, and necessary security measures shall be taken.

Article Twenty-Two  The research and development, production, transportation, use, storage, maintenance, and destruction of equipment and products that constitute state secrets shall comply with national confidentiality regulations.

Article Twenty-Three  Computer information systems that store and process state secrets (hereinafter referred to as "confidential information systems") shall be protected according to their level of confidentiality.

Confidential information systems shall be equipped with confidentiality facilities and equipment in accordance with national confidentiality standards. Confidentiality facilities and equipment shall be planned, constructed, and operated simultaneously with confidential information systems.

Confidential information systems shall be put into use only after passing the required inspection.

Article Twenty-Four  Organs and units shall strengthen the management of confidential information systems, and no organization or individual shall engage in the following acts:

(1) Connecting confidential computers and confidential storage devices to the Internet and other public information networks;

(2) Exchanging information between confidential information systems and the Internet and other public information networks without taking protective measures;

(3) Using non-confidential computers and non-confidential storage devices to store and process state secret information;

(4) Uninstalling or modifying the security and management programs of confidential information systems without authorization;

(5) Giving away, selling, discarding, or using for other purposes, confidential computers and confidential storage devices that have been decommissioned without security processing.

Article Twenty-Five  Organs and units shall strengthen the management of state secret carriers, and no organization or individual shall engage in the following acts:

(1) Illegally obtaining or possessing state secret carriers;

(2) Buying, selling, transferring, 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 authorities.

Article Twenty-Six  Illegal copying, recording, and storage of state secrets are prohibited.

Transmission of state secrets over the Internet and other public information networks, or through wired and wireless communications without confidentiality measures, is prohibited.

Involving state secrets in private interactions and communications is prohibited.

Article Twenty-Seven  The editing, publication, printing, and distribution of newspapers, books, audio-visual products, and electronic publications, the production and broadcasting of radio programs, television programs, and films, and the editing and publication of information on the Internet, mobile communication networks, and other media shall comply with relevant confidentiality regulations.

Article Twenty-Eight  Internet and other public information network operators and service providers shall cooperate with the public security organs, state security organs, and procuratorial organs in investigating leak cases; upon discovering information published on the Internet and other public information networks involving the leakage of state secrets, they shall immediately cease transmission, preserve relevant records, and report to the public security organs, state security organs, or state secrecy administrative departments; they shall delete information involving the leakage of state secrets according to the requirements of the public security organs, state security organs, or state secrecy administrative departments.

Article 29  When organs and units publicly release information and procure projects, goods, and services involving state secrets, they shall abide by the secrecy regulations.

Article 30  Organs and units that need to provide matters involving state secrets in external exchanges and cooperation, or that employ or hire foreign personnel who need to know state secrets due to their work, shall apply for approval from the relevant competent departments of the State Council or the relevant competent departments of the provincial, autonomous region, or municipal people's governments, and sign confidentiality agreements with the other party.

Article 31  When holding meetings or other activities involving state secrets, the organizer shall adopt confidentiality measures, conduct confidentiality education for participants, and set out specific confidentiality requirements.

Article 32  Organs and units shall designate institutions involving top secret or a large number of confidential and secret state secrets as confidential key departments, designate special places for the centralized production, storage, and safekeeping of state secret carriers as confidential key locations, and equip and use necessary technical protection facilities and equipment in accordance with national secrecy regulations and standards.

Article 33  Military restricted areas and other places and areas belonging to state secrets that are not open to the public shall adopt confidentiality measures, and shall not be arbitrarily decided to be open to the public or to have their scope of openness expanded without the approval of the relevant departments.

Article 34  Enterprises and institutions engaged in the production, duplication, repair, and destruction of state secret carriers, confidential information system integration, or weapons and equipment scientific research and production that involve state secret businesses shall undergo secrecy review; the specific methods shall be stipulated by the State Council.

When organs and units entrust enterprises and institutions to conduct the businesses specified in the preceding paragraph, they shall sign confidentiality agreements with them, set out confidentiality requirements, and adopt confidentiality measures.

Article 35  Personnel working in confidential posts (hereinafter referred to as confidential personnel) are classified into core confidential personnel, important confidential personnel, and general confidential personnel according to the level of confidentiality, and are subject to classified management.

The employment and hiring of confidential personnel shall be subject to review in accordance with relevant regulations.

Confidential personnel shall have good political qualities and conduct, and shall have the work abilities required for their confidential posts.

The legitimate rights and interests of confidential personnel are protected by law.

Article 36  Confidential personnel shall undergo confidentiality education and training upon taking up their posts, master confidentiality knowledge and skills, sign a confidentiality undertaking, strictly abide by confidentiality rules and regulations, and shall not disclose state secrets in any way.

Article 37  Confidential personnel shall be approved by relevant departments before exiting the country; if relevant organs believe that the exit of confidential personnel will endanger national security or cause significant losses to national interests, approval for exiting the country shall not be granted.

Article 38  Confidential personnel are subject to a declassification period management upon leaving their posts or positions. During the declassification period, confidential personnel shall fulfill their confidentiality obligations in accordance with regulations, shall not take up employment in violation of regulations, and shall not disclose state secrets in any way.

Article 39  Organs and units shall establish and improve the management system for confidential personnel, clearly defining the rights, post responsibilities, and requirements of confidential personnel, and conducting regular supervision and inspection of the performance of duties by confidential personnel.

Article 40  When state functionaries or other citizens discover that state secrets have been leaked or may be leaked, they shall immediately take remedial measures and report to the relevant organs and units in a timely manner. Upon receiving the report, organs and units shall immediately handle the matter and report to the state secrecy administrative department in a timely manner.

 

Chapter IV Supervision and Management

Article 41  The state secrecy administrative department shall formulate secrecy regulations and national secrecy standards in accordance with the provisions of laws and administrative regulations.

Article 42  The secrecy administrative department shall organize and carry out secrecy publicity and education, secrecy inspections, secrecy technical protection, and investigations into leak cases in accordance with the law, and provide guidance and supervision for the secrecy work of organs and units.

Article 43  If the secrecy administrative department finds that the determination, change, or lifting of state secrets is improper, it shall promptly notify the relevant organs and units to make corrections.

Article 44  The secrecy administrative department shall inspect the compliance of organs and units with the secrecy system, and the relevant organs and units shall cooperate. If the secrecy administrative department finds that organs and units have secrecy risks, it shall require them to take measures and rectify them within a time limit; facilities, equipment, and places with secrecy risks shall be ordered to stop being used; confidential personnel who seriously violate secrecy regulations shall be suggested by the relevant organs and units to be given disciplinary actions and transferred from confidential posts; if suspected of leaking state secrets, the relevant organs and units shall be urged and guided to conduct investigations and processing. If suspected of a crime, it shall be transferred to judicial organs for handling.

Article 45  The secrecy administrative department shall confiscate illegally obtained or held state secret carriers discovered during secrecy inspections.

Article 46  Organs handling cases suspected of leaking state secrets, which need to identify whether relevant matters belong to state secrets and their classification, shall be identified by the state secrecy administrative department or the provincial, autonomous region, or municipal secrecy administrative department.

Article 47  If organs and units fail to impose disciplinary actions on personnel who violate secrecy regulations in accordance with the law, the secrecy administrative department shall suggest corrections; for those who refuse to correct, the department shall request their higher-level organs or supervisory organs to impose legal sanctions on the leaders and directly responsible personnel of the organs and units who bear responsibility.

 

Chapter V Legal Liability

Article 48  Those who violate the provisions of this Law and commit any of the following acts shall be given disciplinary actions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law:

(1) Illegally obtaining or holding state secret carriers;

(2) Buying, transferring, or privately destroying state secret carriers;

(iii) Transmitting state secret carriers through channels without confidentiality measures, such as ordinary postal services or express delivery;

(iv) Mailing or shipping state secret carriers out of the country, or carrying or transmitting state secret carriers out of the country without the approval of the relevant competent authorities;

(v) Illegally copying, recording, or storing state secrets;

(vi) Involving state secrets in private interactions and communications;

(vii) Transmitting state secrets over the Internet and other public information networks or through wired and wireless communications without confidentiality measures;

(viii) Connecting confidential computers and confidential storage devices to the Internet and other public information networks;

(ix) Exchanging information between confidential information systems and the Internet and other public information networks without protective measures;

(x) Using non-confidential computers and non-confidential storage devices to store and process state secret information;

(xi) Unauthorized uninstallation or modification of security technology programs and management programs of confidential information systems;

(xii) Donating, selling, discarding, or repurposing decommissioned confidential computers and confidential storage devices that have not undergone security processing.

Personnel whose actions in the preceding paragraph do not constitute a crime and are not subject to punishment shall be urged by the confidentiality administrative management department to be dealt with by their respective organs and units.

Article 49  If an organ or unit violates the provisions of this Law and a major leak of secrets occurs, the relevant organs and units shall, in accordance with the law, give disciplinary actions to the person directly in charge and other persons directly responsible; personnel who are not subject to punishment shall be urged by the confidentiality administrative management department to be dealt with by their competent departments.

If an organ or unit violates the provisions of this Law, fails to classify matters that should be classified, or classifies matters that should not be classified, causing serious consequences, the relevant organs and units shall, in accordance with the law, give disciplinary actions to the person directly in charge and other persons directly responsible.

Article 50  If Internet and other public information network operators and service providers violate the provisions of Article 28 of this Law, the public security organs or the national security organs and the information industry authorities shall impose penalties in accordance with their respective duties and responsibilities.

Article 51  If a staff member of a confidentiality administrative management department abuses his or her power, neglects his or her duties, or engages in malfeasance in the performance of his or her confidentiality management duties, he or she shall be given disciplinary actions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

 

Chapter VI Appendix

Article 52  The Central Military Commission shall formulate the Confidentiality Regulations of the Chinese People's Liberation Army in accordance with this Law.

Article 53  This Law shall come into force on October 1, 2010.