Regulations on the Implementation of the People's Republic of China's Law on Keeping State Secrets

Chapter 1 General Provisions

Article 1 These Regulations are formulated in accordance with the provisions of the Law of the People's Republic of China on Keeping State Secrets (hereinafter referred to as the Secrecy Law).
     Article 2 The national state secrecy administrative management department is in charge of national secrecy work. Local state secrecy administrative management departments at or above the county level are in charge of secrecy work within their administrative regions under the guidance of the higher-level state secrecy administrative management departments.
     Article 3 Central state organs manage or guide the secrecy work within their jurisdiction, supervise the implementation of secrecy laws and regulations, and may formulate or jointly formulate secrecy provisions for their main businesses according to the actual situation.
    Article 4 People's governments at or above the county level should strengthen the construction of secrecy infrastructure and the equipment of key secrecy technological products.
     State secrecy administrative management departments at or above the provincial level should strengthen the research and development of key secrecy technological products. The funds required for the secrecy administrative management departments to perform their duties should be included in the government budget at their level. The funds required for organs and units to carry out secrecy work should be included in the annual budget or annual income and expenditure plan of the organs and units.
     Article 5
       Organs and units shall not designate matters that should be publicly disclosed according to law as state secrets, nor shall they disclose information involving state secrets. Article 6
       Organs and units shall implement a responsibility system for secrecy work. The heads of organs and units shall be responsible for the secrecy work of their respective organs and units, and staff members shall be responsible for the secrecy work of their posts. Organs and units should set up secrecy work institutions or designate personnel to be specifically responsible for secrecy work according to the needs of secrecy work.
      The situation of organs and units and their staff members fulfilling their responsibilities for secrecy work should be included in the annual assessment and appraisal.
      Article 7
      Secrecy administrative management departments at all levels should organize regular secrecy publicity and education. Organs and units should regularly conduct education and training for their staff members on the secrecy situation, secrecy laws and regulations, and secrecy technical prevention. Chapter 2 Scope and Classification of State Secrets

Article 8

       The specific scope of state secrets and their classification (hereinafter referred to as the scope of secrecy matters) should clearly stipulate the name, classification, confidentiality period, and scope of knowledge of specific state secrets. The scope of secrecy matters should be adjusted in a timely manner according to changes in circumstances. The formulation and revision of the scope of secrecy matters should be fully demonstrated and opinions should be sought from relevant organs, units and experts in relevant fields.
      Article 9
       The head of an organ or unit is the person responsible for determining secrecy for the organ or unit; according to work needs, other personnel may be designated as persons responsible for determining secrecy. Personnel specifically responsible for determining secrecy should receive secrecy training, be familiar with their responsibilities for determining secrecy and the scope of secrecy matters, and master the procedures and methods for determining secrecy.
      Article 10
      Those responsible for determining secrecy shall undertake the work of determining, changing, and lifting the classification of state secrets within their scope of responsibilities. Specific responsibilities include: (1) Examining and approving the classification, confidentiality period, and scope of knowledge of state secrets generated by their organ or unit;
(2) Examining state secrets that are still within their confidentiality period generated by their organ or unit, and making decisions on whether to change or lift the classification;
(3) Making a preliminary determination of the classification for matters for which it is unclear whether they are state secrets or what classification they are, and reporting the classification to the secrecy administrative management department for determination according to the prescribed procedures.
Article 11
       Central state organs, provincial-level organs, and organs at the prefecture-level city or autonomous prefecture level may, according to the needs of secrecy work or applications from relevant organs or units, make authorizations for determining secrecy within the limits of the authorization for determining secrecy stipulated by the national state secrecy administrative management department. Authorization for determining secrecy should be made in writing. The authorizing organ should supervise the situation of the authorized organs and units fulfilling the authorization for determining secrecy.
      Authorizations made by central state organs and provincial-level organs should be filed with the national state secrecy administrative management department; authorizations made by organs at the prefecture-level city or autonomous prefecture level should be filed with the state secrecy administrative management departments of the provinces, autonomous regions, and municipalities directly under the Central Government.
       Article 12
       At the same time as state secrets are generated, the handler shall determine the classification, confidentiality period, and scope of knowledge according to the relevant scope of secrecy matters, report to the person responsible for determining secrecy for examination and approval, and take corresponding secrecy measures. Article 13
       Organs and units shall determine the specific confidentiality period for the state secrets they generate in accordance with the provisions of the scope of secrecy matters; where the scope of secrecy matters does not stipulate a specific confidentiality period, it may be determined according to work needs within the confidentiality period stipulated in the secrecy regulations; where the confidentiality period cannot be determined, decryption conditions shall be determined. The confidentiality period of state secrets is calculated from the date of issuance indicated; if the issuance date cannot be indicated,
       the organ or unit that determines the state secret shall notify the organs, units, and personnel within the scope of knowledge in writing, and the confidentiality period shall be calculated from the date of the notification. Article 14
       Organs and units shall strictly limit the scope of knowledge of state secrets according to the provisions of the Secrecy Law, and make written records of personnel who know state secrets of the confidential level and above. Article 15
       Carriers of state secrets and the obvious parts of equipment and products that are state secrets should be marked with state secrecy markings. State secrecy markings should indicate the classification and confidentiality period. If the classification and confidentiality period of state secrets change, the original state secrecy markings should be changed in a timely manner. If state secrecy markings cannot be marked,
       the organ or unit that determines the state secret shall notify the organs, units, and personnel within the scope of knowledge in writing. Article 16
       If organs and units believe that state secrets they have generated meet the relevant provisions of the Secrecy Law on declassification or extending the confidentiality period, they should declassify or extend the confidentiality period in a timely manner.   机关、单位对所产生的国家秘密，认为符合保密法有关解密或者延长保密期限规定的，应当及时解密或者延长保密期限。
      Agencies and units, when encountering state secrets not generated by themselves, and deeming them compliant with the decryption or extended confidentiality period stipulations of the Confidentiality Law, may propose suggestions to the original confidentiality-setting agency/unit or its superior agency/unit.
      Archives classified as state secrets that have been legally transferred to national archives at various levels will be declassified and reviewed by the original confidentiality-setting agency/unit according to national regulations.
       Article 17 If an agency or unit is revoked or merged, the changes and lifting of state secrets determined by that agency/unit will be handled by the agency/unit that assumes its functions, or by its superior agency/unit or an agency/unit designated by the confidentiality administrative management department.
       Article 18 If an agency/unit discovers that the determination, change, or lifting of its state secrets is improper, it should correct it promptly; if a superior agency/unit discovers that the determination, change, or lifting of state secrets by a subordinate agency/unit is improper, it should promptly notify it to correct the issue and may directly correct it.
       Article 19 For matters that comply with the Confidentiality Law but lack clear stipulations on the scope of confidential items, agencies/units should first draft the classification level, confidentiality period, and scope of access, adopt corresponding confidentiality measures, and report to the relevant departments for determination within 10 days of drafting. Matters classified as top secret and matters classified as confidential or secret by central state organs should be reported to the national confidentiality administrative management department for determination; matters classified as confidential or secret by other agencies/units should be reported to the provincial, autonomous region, or municipality-level confidentiality administrative management department for determination.
      After receiving the report, the confidentiality administrative management department should make a decision within 10 days. Provincial, autonomous region, and municipality-level confidentiality administrative management departments should also promptly report the decisions made to the national confidentiality administrative management department for the record.
       Article 20 If an agency/unit has different opinions on whether a classified item constitutes a state secret or what classification level it belongs to, it may raise objections to the original confidentiality-setting agency/unit, which will make the final decision.
       If an agency/unit is not satisfied with the handling by the original confidentiality-setting agency/unit or still has objections to the decision made, the following procedures will be followed:
      Matters classified as top secret and matters classified as confidential or secret by central state organs should be reported to the national confidentiality administrative management department for determination.
      Matters classified as confidential or secret by other agencies/units should be reported to the provincial, autonomous region, or municipality-level confidentiality administrative management department for determination; if there are objections to the decision made by the provincial, autonomous region, or municipality-level confidentiality administrative management department, it can be reported to the national confidentiality administrative management department for determination.
     Before the original confidentiality-setting agency/unit or confidentiality administrative management department makes a decision, the relevant matters should be handled according to the highest classification level claimed.

Chapter 3 Confidentiality System

       Article 21 The management of state secret carriers should comply with the following regulations:
The production of state secret carriers should be undertaken by agencies/units or units that have passed confidentiality review by the confidentiality administrative management department; production sites should meet confidentiality requirements.
The receipt and dispatch of state secret carriers should follow procedures such as counting, numbering, registration, and signing.
The transmission of state secret carriers should be conducted through confidential transportation, confidential communication, or other methods that meet confidentiality requirements.
Copying state secret carriers or extracting, quoting, or compiling content belonging to state secrets should be approved in accordance with regulations; the original classification level, confidentiality period, and scope of access should not be changed without authorization; copies should be stamped with the seal of the copying agency/unit and managed as original documents.
The locations, facilities, and equipment for storing state secret carriers should meet national confidentiality requirements.
The maintenance of state secret carriers should be handled by specialized technicians within the agency/unit. If personnel from outside units are needed for maintenance, personnel from the agency/unit should supervise on-site; if maintenance is needed outside the agency/unit, it should comply with national confidentiality regulations.
Carrying state secret carriers outdoors should comply with national confidentiality regulations and reliable confidentiality measures should be adopted; for carrying state secret carriers out of the country, approval and carrying procedures should be handled according to national confidentiality regulations.
       Article 22 The destruction of state secret carriers should comply with national confidentiality regulations and standards to ensure that the destroyed state secret information cannot be restored.
     The destruction of state secret carriers should follow procedures such as counting, registration, and approval, and should be sent to the destruction work agency established by the confidentiality administrative management department or a unit designated by the confidentiality administrative management department for destruction. If agencies/units need to destroy a small number of state secret carriers due to work needs, they should use destruction equipment and methods that meet national confidentiality standards.
       Article 23 Confidential information systems are classified into top secret, confidential, and secret levels according to the degree of confidentiality. Agencies/units should determine the classification level of the system based on the highest classification level of the information stored and processed by the confidential information system and adopt corresponding security and confidentiality protection measures according to the hierarchical protection requirements.
       Article 24 Confidential information systems should be tested and evaluated by confidentiality evaluation agencies established or authorized by the national confidentiality administrative management department and reviewed and approved by the confidentiality administrative management department at or above the prefecture-level city or autonomous prefecture level before being put into use.
      The management methods for the use of confidential information systems of public security and national security organs will be separately stipulated by the national confidentiality administrative management department in conjunction with the public security and national security departments of the State Council.
       Article 25 Agencies/units should strengthen the operation and use management of confidential information systems, designate special agencies or personnel to be responsible for operation and maintenance, security and confidentiality management, and security audits, and regularly conduct security and confidentiality inspections and risk assessments.
      If the classification level, main business applications, scope of use, and use environment of the confidential information system change or the confidential information system is no longer used, it should be reported to the confidentiality administrative management department in a timely manner in accordance with national confidentiality regulations, and corresponding measures should be taken.
       Article 26 When agencies/units procure projects, goods, and services involving state secrets, they should determine the classification level according to national confidentiality regulations and comply with national confidentiality regulations and standards. Agencies/units should make confidentiality management requirements to units providing projects, goods, and services and sign confidentiality agreements with them.
       Government procurement supervision and management departments and state secret administrative management departments shall strengthen the supervision and management of the procurement of projects, goods and services involving state secrets in accordance with the law.
       Article 27 If the holding of a meeting or other activity involves state secrets, the organizer shall take the following confidentiality measures:
      (1) Determine the security level according to the content of the meeting or activity, formulate a confidentiality plan, and limit the scope of participants;
      (2) Use venues, facilities and equipment that comply with national confidentiality regulations and standards;
      (3) Manage state secret carriers in accordance with national confidentiality regulations;
      (4) Put forward specific confidentiality requirements for participants.
       Article 28 Enterprises and institutions engaged in the production, duplication, maintenance and destruction of state secret carriers, classified information system integration, or weapons and equipment research and development and production that involve state secrets (hereinafter referred to as classified business) shall be subject to confidentiality review by the state secret administrative management department or the state secret administrative management department in conjunction with relevant departments. If the confidentiality review is not qualified, they shall not engage in classified business.
       Article 29 Enterprises and institutions engaged in classified business shall meet the following conditions:
      (1) Legally established within the People's Republic of China Legal persons with more than 3 years of history and no record of illegal or criminal activities;
      (2) Personnel engaged in classified business have the nationality of the People's Republic of China;
      (3) A sound confidentiality system, with a dedicated institution or personnel responsible for confidentiality work;
      (4) Venues, facilities and equipment used for classified business comply with national confidentiality regulations and standards;
      (5) Have the professional ability to engage in classified business;
      (6) Other conditions stipulated by laws, administrative regulations and the national state secret administrative management department.
       Article 30 Specific methods for the classified management, appointment (hiring) review, declassification period management, and rights and interests protection of classified personnel shall be formulated by the national state secret administrative management department in conjunction with relevant competent departments of the State Council.

Chapter 4 Supervision and Management

       Article 31 Organs and units shall submit the annual confidentiality work situation of their organs and units to the state secret administrative management department at the same level. The state secret administrative management department at the lower level shall submit the annual confidentiality work situation of its administrative region to the state secret administrative management department at the higher level.
       Article 32 The state secret administrative management department shall conduct inspections on the following situations of the implementation of confidentiality laws and regulations by organs and units in accordance with the law:
      (1) Implementation of the confidentiality work responsibility system;
      (2) Construction of the confidentiality system;
      (3) Confidentiality publicity, education and training;
      (4) Management of classified personnel;
      (5) Determination, change and lifting of state secrets;
      (6) Management of state secret carriers;
      (7) Confidentiality management of information systems and equipment;
      (8) Confidentiality management of Internet use;
      (9) Equipment and use of confidentiality technical protection facilities;
      (10) Management of classified venues and key departments and positions for confidentiality;
      (11) Management of classified meetings and activities ;
      (12) Confidentiality review of information disclosure.
       Article 33 In the process of confidentiality inspection, if the state secret administrative management department finds any risk of information leakage, it may consult relevant materials, interview personnel, and record the situation; it may legally register and preserve relevant facilities, equipment, documents and materials, and conduct confidentiality technical testing if necessary. Relevant organs, units and their personnel shall cooperate with the confidentiality inspection.
      After the state secret administrative management department conducts the inspection, it shall issue an inspection opinion, and for those that need rectification, it shall clearly specify the rectification content and time limit.
       Article 34 If an organ or unit discovers that state secrets have been or may be leaked, it shall immediately take remedial measures and report to the state secret administrative management department and the superior competent department at the same level within 24 hours.
      After receiving the leak report, the state secret administrative management department at the local level shall report to the national state secret administrative management department level by level within 24 hours.
       Article 35 The state secret administrative management department shall, in accordance with the law, promptly investigate or organize and supervise relevant organs and units to investigate and deal with clues and cases suspected of leaking state secrets reported by citizens, reported by organs and units, discovered through confidentiality inspections, or transferred by relevant departments. After the investigation is completed, if it is considered that there are facts that violate confidentiality laws and regulations and it is necessary to pursue responsibility, the state secret administrative management department may put forward handling suggestions to relevant organs and units. Relevant organs and units shall promptly inform the state secret administrative management department at the same level in writing of the handling results.
       Article 36 The state secret administrative management department shall register and issue a list of illegally obtained and held state secret carriers, ascertain the security level, quantity, source, and scope of dissemination, and take corresponding confidentiality measures.
      The state secret administrative management department may request the public security, industrial and commercial administration and other relevant departments to assist in the seizure of illegally obtained and held state secret carriers, and the relevant departments shall cooperate.
       Article 37 The national state secret administrative management department or the state secret administrative management department of a province, autonomous region, or municipality directly under the Central Government shall, based on confidentiality laws and regulations and the scope of confidential matters, determine whether the matters proposed for identification by organs handling cases suspected of leaking state secrets are state secrets and what security level they belong to.
       After accepting the application for identification, the state secret administrative management department shall issue an identification conclusion within 30 days from the date of acceptance; if the identification conclusion cannot be issued on time, it may be extended by 30 days with the approval of the person in charge of the state secret administrative management department.
       Article 38 Confidential administrative management departments and their staff shall conduct confidentiality reviews, confidentiality inspections, and investigations into cases of leakage of state secrets in accordance with the prescribed powers and procedures, ensuring that they are scientific, fair, strict, and efficient, and shall not use their powers to seek personal gain.

    Chapter 5 Legal Liability

Article 39 If an organ or unit fails to report a case of leakage of state secrets according to regulations or fails to take remedial measures, the person directly in charge and other directly responsible personnel shall be punished according to law.
     Article 40 In the course of confidentiality inspections or investigations into cases of leakage of state secrets, if relevant organs, units, and their staff refuse to cooperate, falsify information, conceal or destroy evidence, or evade or obstruct confidentiality inspections or investigations into cases of leakage of state secrets in other ways, the person directly in charge and other directly responsible personnel shall be punished according to law.
      If enterprises, institutions, and their staff assist organs and units in evading or obstructing confidentiality inspections or investigations into cases of leakage of state secrets, they shall be punished by the relevant competent departments according to law.
       Article 41 If an enterprise or institution that has passed the confidentiality review violates the confidentiality management regulations, the confidentiality administrative management department shall order it to rectify within a time limit. If it fails to rectify within the time limit or still fails to meet the requirements after rectification, its confidential business shall be suspended; in serious cases, its confidential business shall be stopped.
     Article 42 If a confidential information system is put into use without being tested, evaluated, and reviewed as prescribed, the confidentiality administrative management department shall order it to be corrected and suggest that the relevant organs and units punish the person directly in charge and other directly responsible personnel according to law.
       Article 43 If an organ or unit entrusts an unreviewed unit to engage in confidential business, the relevant organs and units shall punish the person directly in charge and other directly responsible personnel according to law. If an unreviewed unit engages in confidential business, the confidentiality administrative management department shall order it to stop the illegal act; if there are illegal gains, the Administration for Industry and Commerce shall confiscate the illegal gains.
       Article 44 If a confidentiality administrative management department fails to perform its duties according to law, or abuses its power, neglects its duties, or practices favoritism and malpractice, the person directly in charge

and other directly responsible personnel shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter 6 Supplementary Provisions

       Article 45 These Regulations shall come into force on March 1, 2014. The "Implementation Regulations of the People's Republic of China's Law on Keeping State Secrets," approved by the State Council on April 25, 1990 and issued by the State Bureau of Secrecy on May 25, 1990, shall be abolished at the same time.