National Security Law of the People's Republic of China

（ (Adopted at the Fifteenth Session of the Standing Committee of the Twelfth National People's Congress on July 1, 2015)

 

Contents

Chapter I General Provisions

Chapter II Tasks of Safeguarding National Security

Chapter III Responsibilities for Safeguarding National Security

Chapter IV National Security System

Section I General Provisions

Section II Information and Intelligence

Section III Risk Prevention, Assessment and Early Warning

Section IV Examination and Supervision

Section V Crisis Management

Chapter V Safeguarding National Security

Chapter VI Obligations and Rights of Citizens and Organizations

Chapter VII Supplementary Provisions

Chapter I General       Provisions

 

Article 1    For the purpose of safeguarding national security, defending the state power of the people's democratic dictatorship and the socialist system with Chinese characteristics, protecting the fundamental interests of the people, ensuring the smooth progress of reform and opening up and socialist modernization, and realizing the great rejuvenation of the Chinese nation, this Law is enacted in accordance with the Constitution.

Article 2    National security refers to the state of relative absence of danger and freedom from internal and external threats to the state's political power, sovereignty, unity, and territorial integrity, the well-being of the people, sustainable economic and social development, and other major interests of the state, as well as the ability to ensure this continued safe state.

Article 3    National security work shall adhere to the overall national security concept, with the people's security as the purpose, political security as the foundation, economic security as the basis, military, cultural, and social security as the safeguards, and the promotion of international security as the underpinning, safeguarding national security in all fields, constructing a national security system, and pursuing a path of national security with Chinese characteristics.

Article 4    Uphold the leadership of the Communist Party of China over national security work, establishing a national security leadership system that is centralized, unified, efficient, and authoritative.

Article 5    The central national security leading body is responsible for decision-making and coordination of national security work, research and development, and guiding the implementation of national security strategies and relevant major policies, coordinating major national security matters and important work, and promoting national security law-building.

Article 6    The state shall formulate and continuously improve the national security strategy, comprehensively assess the international and domestic security situation, clarify the guiding principles, medium- and long-term goals, national security policies in key areas, work tasks, and measures of the national security strategy.

Article 7    In safeguarding national security, the Constitution and laws shall be observed, the principles of socialist rule of law shall be upheld, human rights shall be respected and protected, and the rights and freedoms of citizens shall be protected by law.

Article 8    Safeguarding national security should be coordinated with economic and social development.

National security work should coordinate internal and external security, national security and public security, traditional security and non-traditional security, and self-security and common security.

Article 9    In safeguarding national security, we should adhere to the principle of prevention first and treatment of both symptoms and root causes, combining specialized work with the mass line, giving full play to the functional role of specialized agencies and other relevant agencies in safeguarding national security, and widely mobilizing citizens and organizations to prevent, stop, and legally punish acts that endanger national security.

Article 10    In safeguarding national security, we should adhere to mutual trust, mutual benefit, equality, and cooperation, actively carry out security exchanges and cooperation with foreign governments and international organizations, fulfill international security obligations, promote common security, and maintain world peace.

Article 11    Citizens of the People's Republic of China, all state organs and armed forces, all political parties and people's organizations, enterprises, institutions, and other social organizations all have the responsibility and obligation to safeguard national security.

The sovereignty and territorial integrity of China shall not be violated or divided. Maintaining national sovereignty, unity, and territorial integrity is the common obligation of all Chinese people, including compatriots in Hong Kong and Macao and Taiwan compatriots.

Article 12   The state shall commend and reward individuals and organizations that have made outstanding contributions to safeguarding national security.

Article 13    State functionaries who abuse their power, neglect their duties, or engage in malfeasance in national security work or activities involving national security shall be investigated and held legally responsible according to law.

Any individual or organization that violates this Law and relevant laws, fails to fulfill its obligations to safeguard national security, or engages in activities that endanger national security shall be investigated and held legally responsible according to law.

Article 14    Annually April 15 is the National Security Education Day.

 

Chapter II Tasks of Safeguarding National Security

Article 15   The state upholds the leadership of the Communist Party of China, safeguards the socialist system with Chinese characteristics, develops socialist democracy, improves socialist rule of law, strengthens the mechanism for restricting and supervising the exercise of power, and guarantees all the rights of the people to be masters of their own country.

The state shall prevent, stop, and legally punish any acts of treason, splitting the country, inciting rebellion, subversion, or inciting subversion of the people's democratic dictatorship; prevent, stop, and legally punish acts that endanger national security, such as stealing or leaking state secrets; prevent, stop, and legally punish infiltration, sabotage, subversion, and splitting activities by foreign forces.

Article 16    The state upholds and develops the fundamental interests of the vast majority of the people, safeguards people's security, creates favorable conditions for survival and development, and a stable work and living environment, and guarantees citizens' safety of life and property and other legitimate rights and interests.

Article Seventeen    The state strengthens border, maritime, and air defense construction, adopts all necessary defense and control measures, safeguards the security of land territory, inland waters, territorial seas, and airspace, and upholds national territorial sovereignty and maritime rights and interests.

Article Eighteen    The state strengthens the revolutionization, modernization, and regularization of the armed forces, building armed forces that meet the needs of safeguarding national security and development interests; implements a proactive defense military strategic guideline, guards against and resists aggression, and suppresses armed subversion and division; carries out international military security cooperation, implements UN peacekeeping, international rescue, maritime escort, and military operations to safeguard national interests overseas, upholding national sovereignty, security, territorial integrity, development interests, and world peace.

Article Nineteen    The state upholds the basic economic system and the socialist market economic order, improves the system and mechanism for preventing and resolving economic security risks, and safeguards the security of important industries and key areas, key industries, major infrastructure and major construction projects, and other major economic interests vital to the national economy.

Article Twenty    The state improves the macro-prudential management of finance and the prevention and disposal mechanisms for financial risks, strengthens the construction of financial infrastructure and basic capabilities, prevents and resolves systemic and regional financial risks, and prevents and resists the impact of external financial risks.

Article Twenty-One    The state makes rational use of and protects resources and energy, effectively controls the development of strategic resources and energy, strengthens reserves of strategic resources and energy, improves the construction and safety protection measures of strategic resource and energy transportation channels, strengthens international cooperation on resources and energy, comprehensively improves emergency guarantee capabilities, and ensures the continuous, reliable, and effective supply of resources and energy needed for economic and social development.

Article Twenty-Two   The state improves the food security guarantee system, protects and improves comprehensive grain production capacity, improves the grain reserve system, circulation system, and market regulation mechanism, improves the grain security early warning system, and guarantees grain supply and quality safety.

Article Twenty-Three    The state adheres to the advanced direction of socialist culture, inherits and carries forward the excellent traditional culture of the Chinese nation, cultivates and practices socialist core values, prevents and resists the influence of undesirable culture, masters the dominant position in the ideological field, and enhances the overall strength and competitiveness of culture.

Article Twenty-Four    The state strengthens the construction of independent innovation capabilities, accelerates the development of independently controllable strategic high-tech and core key technologies in important fields, strengthens the application, protection, and construction of technology secrecy capabilities for intellectual property rights, and safeguards the security of major technologies and engineering projects.

Article Twenty-Five    The state builds a network and information security guarantee system, improves the ability to protect network and information security, strengthens the innovative research and development and application of network and information technology, realizes the secure and controllable nature of core technologies, key infrastructure, and information systems and data in important fields; strengthens network management, prevents, stops, and legally punishes network attacks, network intrusions, network theft of secrets, the dissemination of illegal and harmful information, and other illegal and criminal activities on the network, and upholds national network space sovereignty, security, and development interests.

Article Twenty-Six    The state adheres to and improves the system of ethnic regional autonomy and consolidates and develops equal, united, mutually assisting, and harmonious socialist ethnic relations. It adheres to the equality of all ethnic groups, strengthens ethnic exchanges, communication, and integration, prevents, stops, and legally punishes ethnic separatist activities, maintains national unity, ethnic unity, and social harmony, and achieves common unity, struggle, and common prosperity among all ethnic groups.

Article Twenty-Seven    The state protects citizens' freedom of religious belief and normal religious activities according to law, adheres to the principle of religious independence, autonomy, and self-governance, prevents, stops, and legally punishes illegal and criminal activities that use religion to endanger national security, opposes foreign forces interfering in domestic religious affairs, and maintains normal religious activity order.

The state legally bans evil cult organizations and prevents, stops, and legally punishes the illegal and criminal activities of evil cults.

Article Twenty-Eight    The state opposes all forms of terrorism and extremism, strengthens the capacity building for preventing and dealing with terrorism, legally conducts intelligence, investigation, prevention, disposal, and financial supervision, legally bans terrorist organizations, and severely punishes violent terrorist activities.

Article Twenty-Nine    The state improves the system and mechanism for effectively preventing and resolving social contradictions, improves the public security system, actively prevents, reduces, and resolves social contradictions, properly handles emergencies such as public health and social security that affect national security and social stability, promotes social harmony, maintains public security, and maintains social stability.

Article Thirty    The state improves the ecological and environmental protection system, increases the intensity of ecological construction and environmental protection, delineates ecological protection red lines, strengthens the early warning and prevention and control of ecological risks, properly handles sudden environmental events, ensures that the natural environment and conditions such as air, water, and soil on which people depend for survival and development are not threatened or destroyed, and promotes harmonious development between humans and nature.

Article Thirty-One    The state adheres to the peaceful use of nuclear energy and nuclear technology, strengthens international cooperation, prevents nuclear proliferation, improves non-proliferation mechanisms, strengthens the safety management, supervision, and protection of nuclear facilities, nuclear materials, nuclear activities, and nuclear waste disposal, strengthens the nuclear accident emergency system and emergency response capabilities, prevents, controls, and eliminates the harm of nuclear accidents to citizens' lives, health, and the ecological environment, and continuously enhances the ability to effectively respond to and prevent nuclear threats and nuclear attacks.

Article Thirty-Two    The state adheres to the peaceful exploration and utilization of outer space, the international seabed area, and polar regions, enhances the ability to safely enter and exit, conduct scientific research, and develop and utilize these areas, strengthens international cooperation, and safeguards the security of China's activities, assets, and other interests in outer space, the international seabed area, and polar regions.

Article Thirty-Three   The state legally adopts necessary measures to protect the safety and legitimate rights and interests of Chinese citizens, organizations, and institutions overseas, and to protect the country's overseas interests from threats and infringement.

Article Thirty-Four   The state continuously improves the tasks of safeguarding national security according to the needs of economic and social development and national development interests.

 

Chapter III Responsibilities for Safeguarding National Security

 

Article Thirty-Five    The National People's Congress, in accordance with the provisions of the Constitution, decides on issues of war and peace and exercises other powers stipulated in the Constitution concerning national security.

In accordance with the Constitution, the Standing Committee of the National People's Congress decides on the declaration of a state of war, national general mobilization or partial mobilization, and the imposition of a state of emergency on the whole country or individual provinces, autonomous regions, or municipalities directly under the Central Government; it also exercises other powers related to national security as prescribed by the Constitution and conferred by the National People's Congress.

Article 36    According to the decisions of the National People's Congress and its Standing Committee, the President of the People's Republic of China declares a state of emergency, declares a state of war, issues mobilization orders, and exercises other powers related to national security as prescribed by the Constitution.

Article 37    In accordance with the Constitution and laws, the State Council formulates administrative regulations concerning national security, prescribes relevant administrative measures, and issues relevant decisions and orders; it implements national security laws, regulations, and policies; in accordance with the law, it decides to impose a state of emergency on parts of a province, autonomous region, or municipality directly under the Central Government; it also exercises other powers related to national security as prescribed by the Constitution and laws, and conferred by the National People's Congress and its Standing Committee.

Article 38    The Central Military Commission leads the national armed forces, decides on military strategies and operational guidelines for the armed forces, unifies the command of military operations to safeguard national security, formulates military regulations concerning national security, and issues relevant decisions and orders.

Article 39    Various central state organs, according to their respective responsibilities, implement national security policies, guidelines, and laws and regulations, and manage and guide national security work within their respective systems and fields.

Article 40    Local people's congresses at all levels and the standing committees of the people's congresses at or above the county level ensure the observance and enforcement of national security laws and regulations within their respective administrative regions.

Local governments at all levels manage national security work within their respective administrative regions in accordance with laws and regulations.

The Hong Kong Special Administrative Region and the Macao Special Administrative Region shall fulfill their responsibilities for safeguarding national security.

Article 41    The people's courts exercise their judicial power and the people's procuratorates exercise their procuratorial power in accordance with the law, punishing crimes that endanger national security.

Article 42    State security organs and public security organs collect information related to national security according to law and exercise, in national security work, the powers of investigation, detention, preliminary examination and execution of arrests, and other powers as prescribed by law.

Relevant military organs exercise their relevant powers in national security work according to law.

Article 43    State organs and their personnel shall uphold the principle of safeguarding national security when performing their duties.

State organs and their personnel shall strictly perform their duties according to law in national security work and activities related to national security, and shall not overstep their authority, abuse their power, or infringe upon the legitimate rights and interests of individuals and organizations.

 

Chapter IV National Security System

Section I General Provisions

 

Article 44    The central national security leading body implements a national security system and work mechanism that combines unified leadership with decentralized management and is characterized by coordination and efficiency.

Article 45    The state establishes a coordination mechanism for key areas of national security work to coordinate and manage the relevant work of central functional departments.

Article 46   The state establishes a mechanism for supervising, inspecting, and holding accountable for national security work to ensure the implementation of national security strategies and major deployments.

Article 47    Various departments and regions shall adopt effective measures to implement the national security strategy.

Article 48    Based on the needs of safeguarding national security, the state establishes an inter-departmental consultation mechanism to conduct consultations and assessments on major matters related to safeguarding national security, and to put forward opinions and suggestions.

Article 49   The state establishes a coordinated and linked mechanism for national security among the central and local levels, among departments, between the military and local areas, and among regions.

Article 50    The state establishes a national security decision-making consultation mechanism, organizing experts and relevant parties to conduct analysis and assessment of the national security situation to promote scientific decision-making on national security.

Section II Information and Intelligence

Article 51   The state improves the system for the unified management, sensitive response, accurate and efficient operation, and smooth operation of intelligence information collection, assessment, and use, establishes a coordination mechanism for intelligence information work, and achieves timely collection, accurate assessment, effective use, and sharing of intelligence information.

Article 52    State security organs, public security organs, and relevant military organs collect intelligence information related to national security according to law and their respective responsibilities.

Various departments of state organs shall promptly report any information related to national security obtained in the performance of their duties.

Article 53    In conducting intelligence information work, modern scientific and technological means should be fully utilized to strengthen the identification, screening, integration, and analytical assessment of intelligence information.

Article 54    The reporting of intelligence information shall be timely, accurate, and objective, and no delay, omission, concealment, or falsification shall be allowed.

Section III Risk Prevention, Assessment and Early Warning

Article 55    The state formulates and improves contingency plans for addressing national security risks in various fields.

Article 56    The state establishes a national security risk assessment mechanism and regularly conducts investigations and assessments of national security risks in various fields.

Relevant departments shall regularly submit national security risk assessment reports to the central national security leading body.

Article 57    The state improves the national security risk monitoring and early warning system, and issues corresponding risk warnings in a timely manner according to the level of national security risks.

Article 58    For incidents that may occur or have occurred that endanger national security, local people's governments at or above the county level and their relevant competent departments shall immediately report to the higher-level people's government and their relevant competent departments in accordance with regulations, and may report directly to a higher level if necessary.

Section IV Examination and Supervision

Article 59   The state establishes a system and mechanism for national security review and supervision, conducting national security reviews of foreign investment, specific items and key technologies, network information technology products and services, construction projects involving national security matters, and other major matters and activities that may affect or potentially affect national security, effectively preventing and resolving national security risks.

第六十条    中央国家机关各部门依照法律、行政法规行使国家安全审查职责，依法作出国家安全审查决定或者提出安全审查意见并监督执行。

第六十一条    省、自治区、直辖市依法负责本行政区域内有关国家安全审查和监管工作。

 

Section V Crisis Management

第六十二条   国家建立统一领导、协同联动、有序高效的国家安全危机管控制度。

第六十三条    发生危及国家安全的重大事件，中央有关部门和有关地方根据中央国家安全领导机构的统一部署，依法启动应急预案，采取管控处置措施。

第六十四条    发生危及国家安全的特别重大事件，需要进入紧急状态、战争状态或者进行全国总动员、局部动员的，由全国人民代表大会、全国人民代表大会常务委员会或者国务院依照宪法和有关法律规定的权限和程序决定。

第六十五条    国家决定进入紧急状态、战争状态或者实施国防动员后，履行国家安全危机管控职责的有关机关依照法律规定或者全国人民代表大会常务委员会规定，有权采取限制公民和组织权利、增加公民和组织义务的特别措施。

第六十六条    履行国家安全危机管控职责的有关机关依法采取处置国家安全危机的管控措施，应当与国家安全危机可能造成的危害的性质、程度和范围相适应；有多种措施可供选择的，应当选择有利于最大程度保护公民、组织权益的措施。

第六十七条    国家健全国家安全危机的信息报告和发布机制。国家安全危机事件发生后，履行国家安全危机管控职责的有关机关，应当按照规定准确、及时报告，并依法将有关国家安全危机事件发生、发展、管控处置及善后情况统一向社会发布。

第六十八条    国家安全威胁和危害得到控制或者消除后，应当及时解除管控处置措施，做好善后工作。

 

Chapter V Safeguarding National Security

第六十九条    国家健全国家安全保障体系，增强维护国家安全的能力。

第七十条    国家健全国家安全法律制度体系，推动国家安全法治建设。

第七十一条    国家加大对国家安全各项建设的投入，保障国家安全工作所需经费和装备。

第七十二条    承担国家安全战略物资储备任务的单位，应当按照国家有关规定和标准对国家安全物资进行收储、保管和维护，定期调整更换，保证储备物资的使用效能和安全。

第七十三条    鼓励国家安全领域科技创新，发挥科技在维护国家安全中的作用。

第七十四条    国家采取必要措施，招录、培养和管理国家安全工作专门人才和特殊人才。

根据维护国家安全工作的需要，国家依法保护有关机关专门从事国家安全工作人员的身份和合法权益，加大人身保护和安置保障力度。

第七十五条    国家安全机关、公安机关、有关军事机关开展国家安全专门工作，可以依法采取必要手段和方式，有关部门和地方应当在职责范围内提供支持和配合。

第七十六条    国家加强国家安全新闻宣传和舆论引导，通过多种形式开展国家安全宣传教育活动，将国家安全教育纳入国民教育体系和公务员教育培训体系，增强全民国家安全意识。

 

Chapter VI Obligations and Rights of Citizens and Organizations

第七十七条    公民和组织应当履行下列维护国家安全的义务：

（一）遵守宪法、法律法规关于国家安全的有关规定；

（二）及时报告危害国家安全活动的线索；

（三）如实提供所知悉的涉及危害国家安全活动的证据；

（四）为国家安全工作提供便利条件或者其他协助；

（五）向国家安全机关、公安机关和有关军事机关提供必要的支持和协助；

（六）保守所知悉的国家秘密；

（七）法律、行政法规规定的其他义务。

任何个人和组织不得有危害国家安全的行为，不得向危害国家安全的个人或者组织提供任何资助或者协助。

第七十八条    机关、人民团体、企业事业组织和其他社会组织应当对本单位的人员进行维护国家安全的教育，动员、组织本单位的人员防范、制止危害国家安全的行为。

第七十九条    企业事业组织根据国家安全工作的要求，应当配合有关部门采取相关安全措施。

第八十条    公民和组织支持、协助国家安全工作的行为受法律保护。

因支持、协助国家安全工作，本人或者其近亲属的人身安全面临危险的，可以向公安机关、国家安全机关请求予以保护。公安机关、国家安全机关应当会同有关部门依法采取保护措施。

第八十一条    公民和组织因支持、协助国家安全工作导致财产损失的，按照国家有关规定给予补偿；造成人身伤害或者死亡的，按照国家有关规定给予抚恤优待。

第八十二条 Citizens and organizations have the right to offer criticism and suggestions to state organs regarding national security work, and the right to lodge complaints, accusations, and reports against state organs and their staff for any violations of law or dereliction of duty in national security work.

Article 83 In national security work, when special measures are needed to restrict the rights and freedoms of citizens, these measures should be taken in accordance with the law and limited to the actual needs of maintaining national security.

Chapter VII Attachment        Provisions

Article 84 This Law shall come into force upon its promulgation.