Chapter I General provisions

 

　　Article 1 This Law is enacted with a view to guarding state secrets, safeguarding state security and interests and ensuring the smooth progress of reform, opening up and socialist construction。

 

　　Article 2 State secrets are matters concerning national security and interests, determined in accordance with legal procedures and known to a limited number of persons within a certain period of time。

 

　　Article 3 State secrets shall be protected by law。

 

　　All state organs, armed forces, political parties, public organizations, enterprises, institutions and citizens have the obligation to guard state secrets。

 

　　Any act endangering the security of state secrets must be prosecuted by law。

 

　　Article 4 In the work of guarding state secrets (hereinafter referred to as the work of secrecy), the principle of active prevention, highlighting key points and management according to law shall be adopted, so as not only to ensure the security of state secrets but also to facilitate the rational utilization of information resources。

 

　　Matters required to be disclosed by laws and administrative regulations shall be disclosed in accordance with the law。

 

　　Article 5 The state secrecy administrative department shall be in charge of the secrecy work throughout the country。The local confidentiality administrative departments at or above the county level shall be responsible for the confidentiality work in their respective administrative areas。

 

　　Article 6 State organs and units involved in state secrets (hereinafter referred to as organs and units) shall administer the confidentiality work of their own organs and units。

 

　　The central state organ shall, within the scope of its functions and powers, administer or direct the confidentiality work of the system。

 

　　Article 7 Organs and units shall implement the confidentiality responsibility system, improve the confidentiality management system, improve confidentiality protection measures, carry out confidentiality publicity and education, and strengthen confidentiality inspection。

 

　　Article 8 The State shall give awards to units or individuals that have made outstanding achievements in guarding and protecting state secrets and in improving techniques and measures for keeping state secrets。

 

Chapter II The scope and classification of State secrets

 

　　Article 9 The following matters concerning national security and interests which, if leaked, may harm the security and interests of the State in the political, economic, national defense, foreign affairs and other fields shall be identified as state secrets:

 

　　(1) Secret matters in major decision-making on state affairs;

 

　　(2) secret matters in the activities of national defense and the armed forces;

 

　　(3) Secret matters in diplomatic and foreign affairs activities and secret matters under the obligation of confidentiality to the outside world;

 

　　(4) secret matters in national economic and social development;

 

　　(5) secrets in science and technology;

 

　　(6) Secret matters in activities to safeguard national security and in the investigation of criminal offences;

 

　　(7) Other secret matters determined by the State secrecy administrative department。

 

　　Secrets of political parties that conform to the provisions of the preceding paragraph are state secrets。

 

　　Article 10 State secrets shall be classified into three levels: top secret, secret and secret。

 

　　Top secret state secrets are the most important state secrets，The disclosure would cause particularly serious damage to national security and interests;Classified state secrets are important state secrets，Disclosure would cause serious damage to national security and interests;Secret state secrets are general state secrets，The disclosure would harm national security and interests。

 

　　Article 11 The specific scope of state secrets and their classification shall be prescribed by the State secrecy administrative department jointly with foreign affairs, public security, state security and other relevant central organs。

 

　　The specific scope of military state secrets and their classification shall be prescribed by the Central Military Commission。

 

　　Provisions on the specific scope of state secrets and their classification shall be published within the relevant scope and promptly adjusted in the light of changing circumstances。

 

　　Article 12 The person in charge of the organ or unit and the person designated by the organ or unit shall be the person in charge of determining, changing and dissolving the state secrets of the organ or unit。

 

　　The determination, alteration or dissolution of state secrets of the organ or unit shall be subject to the examination and approval of the person in charge of the determination。

 

　　Article 13 In determining the classification of state secrets, the authority to do so shall be observed。

 

　　The central state organs, provincial-level organs and their authorized organs and units may determine state secrets at the top secret, confidential and secret levels;Organs at the level of cities divided into districts and autonomous prefectures and their authorized organs and units may determine state secrets at the classified and secret levels。The specific limits of authority and scope of authorization shall be prescribed by the state security administrative department。

 

　　If it is necessary for a state secret to be classified in the execution of a state secret determined by a state organ or unit at a higher level, it shall be determined according to the classification of the state secret being executed。The lower organs and units consider that the confidential matters arising from their own organs and units belong to the confidential authority of the higher organs and units，Security measures shall be taken in advance，And immediately report to the higher authorities, units for confirmation;Having no organ or unit at a higher level，It shall immediately request the competent business department or the confidentiality administrative department with the corresponding authority to determine the confidentiality。

 

　　The public security and state security organs shall, within the scope of their work, determine the classification of state secrets within the prescribed limits of their authority。

 

　　Article 14 State organs and units shall, in accordance with the provisions on the specific scope of state secrets and the classification of state secrets, determine the confidentiality period and the scope of knowledge。

 

　　Article 15 The term of confidentiality of state secrets shall be limited to a necessary period in light of the nature and characteristics of the matter and the need to safeguard state security and interests.If the time limit cannot be determined, the conditions for declassification shall be determined。

 

　　Unless otherwise provided for, the period of confidentiality of state secrets shall not exceed thirty years for top secret, twenty years for secret and ten years for secret。

 

　　Organs and units shall, according to the needs of their work, determine the specific period of confidentiality, time for declassification or conditions for declassification。

 

　　Where an organ or unit determines that a matter needs to be kept secret in the course of deciding and handling relevant matters, and decides to make it public according to the needs of the work, it shall be deemed declassified when it is officially published。

 

　　Article 16 The scope of knowledge of state secrets shall be limited to a minimum in light of work needs。

 

　　Where 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 or units, and by organs or units it shall be limited to specific personnel。

 

　　Persons outside the scope of knowledge of state secrets who, because of their work needs to know state secrets, shall be approved by the head of the state organ or unit。

 

　　Article 17 State organs and units shall mark state secrets with respect to paper media, optical media, electromagnetic media and other carriers (hereinafter referred to as carriers of State secrets) as well as equipment and products belonging to state secrets。

 

　　If it is not a state secret, no state secret symbol shall be made。

 

　　Article 18 The classification, duration of confidentiality and scope of knowledge of state secrets shall be changed in a timely manner in light of changing circumstances。Changes in the classification, duration of confidentiality and scope of knowledge of state secrets shall be decided by the original secret organ or unit, and may also be decided by the organ at a higher level。

 

　　Where there is a change in the classification, duration of confidentiality or scope of knowledge of a state secret, the state organ, unit or person within the scope of knowledge shall be notified in writing without delay。

 

　　Article 19 If the period of confidentiality of a state secret has expired, it shall be declassified on its own。

 

　　State organs and units shall regularly examine and verify the state secrets they determine。Where the confidentiality matters are no longer classified as state secrets due to the adjustment of the scope of the confidentiality matters within the confidentiality period, or the disclosure will not harm the security and interests of the state, and there is no need for continued confidentiality, it shall be declassified in a timely manner;If it is necessary to extend the confidentiality period, a new confidentiality period shall be determined before the expiration of the original confidentiality period。In case of early declassification or extension of the confidentiality period, the decision shall be made by the original confidential organ or unit, and may also be made by the organ at a higher level。

 

　　Article 20 Where an organ or unit is unclear or in dispute as to whether it is a state secret or what classification it belongs to, it shall be determined by the State department for secrecy administration or the department for secrecy administration of a province, autonomous region or municipality directly under the Central Government。

 

Chapter III Confidentiality system

 

　　Article 21 The preparation, receipt and delivery, transmission, use, reproduction, preservation, maintenance and destruction of carriers of state secrets shall comply with the provisions of the State on secrecy。

 

　　Carriers of top-secret state secrets shall be kept in facilities and equipment that meet the State confidentiality standards, and designated personnel shall be assigned to manage them.Without the approval of the original secret organ or unit or the organ at a higher level, no copies or extracts may be made;Receiving, transmitting, and carrying out shall be responsible for the designated personnel, and necessary safety measures shall be taken。

 

　　Article 22 The development, production, transportation, use, preservation, maintenance and destruction of equipment and products that are state secrets shall comply with the provisions on State secrecy。

 

　　Article 23 The computer information system storing and processing state secrets (hereinafter referred to as the secret-related information system) shall be protected according to the level of secret-related information。

 

　　Confidential information systems shall be equipped with confidential facilities and equipment in accordance with the national security standards。Confidential facilities and equipment shall be planned, constructed and operated synchronously with the secret-related information system。

 

　　The secret-related information system shall not be put into use until it has passed the inspection in accordance with the relevant provisions。

 

　　Article 24 Organs and units shall strengthen the management of secret-related information systems, and no organization or individual shall engage in the following acts:

 

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

 

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

 

　　(3) using non-classified computers or non-classified storage devices to store and process state secret information;

 

　　(4) uninstalling or modifying security technical procedures and management procedures of classified information systems without authorization;

 

　　(5) Giving away, selling, discarding or repurposing secret-related computers and secret-related storage devices that have been withdrawn from use without being processed by security technology for other purposes。

 

　　Article 25 State organs and units shall strengthen the management of carriers of state secrets, and no organization or individual shall commit the following acts:

 

　　(1) Illegally obtaining or holding carriers of state secrets;

 

　　(2) buying, selling, transferring or privately destroying carriers of state secrets;

 

　　(3) Transferring carriers of state secrets through ordinary post, express delivery or other channels without security measures;

 

　　(4) sending or consigning state secret carriers out of the country;

 

　　(5) Carrying or transmitting state secret carriers out of China without the approval of the competent authorities。

 

　　Article 26 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 in wired or wireless communications without taking security measures。

 

　　It is prohibited to involve state secrets in personal contacts and correspondence。

 

　　Article 27 The editing, publication, printing and distribution of newspapers and periodicals, books, audiovisual products and electronic publications, the production and broadcast of radio programs, television programs and films, the editing and distribution of information on public information networks such as the Internet and mobile communication networks and other media shall comply with the relevant provisions on confidentiality。

 

　　Article 28 Operators and service providers of Internet and other public information networks shall cooperate with public security organs, state security organs and procuratorial organs in investigating leak cases;Information released using the Internet or other public information networks is found to involve the disclosure of state secrets，Transmission should be stopped immediately，Keep relevant records，Report to the public security organ, the state security organ or the confidentiality administrative department;It shall be in accordance with the requirements of the public security organ, the state security organ or the confidentiality administrative department，Delete information involving the disclosure of state secrets。

 

　　Article 29 State organs and units shall abide by the confidentiality provisions when publicly releasing information and purchasing projects, goods and services involving state secrets。

 

　　Article 30 Where state organs or units need to provide state secrets in their foreign exchanges and cooperation, or where overseas personnel who are appointed or employed need to know state secrets for their work, they shall report to the relevant competent department under The State Council or the relevant competent department of the people's government of a province, autonomous region or municipality directly under the Central Government for approval, and sign a confidentiality agreement with the other party。

 

　　Article 31 Where state secrets are involved in the holding of a conference or other activity, the sponsoring unit shall adopt confidentiality measures, educate participants on confidentiality and put forward specific confidentiality requirements。

 

　　Article 32 State organs and units shall identify the organs involved in top-secret or more confidential or secret state secrets as key departments for confidentiality，The special places for the centralized production, storage and safekeeping of state secrets shall be identified as the key parts of confidentiality，To equip and use necessary technical protection facilities and equipment in accordance with State secrecy provisions and standards。

 

　　Article 33 The military restricted zones and other places and parts that are state secrets and are not open to the outside world shall be kept confidential, and no decision shall be made to open or expand the scope of opening to the outside world without the approval of the departments concerned。

 

　　Article 34 Enterprises and institutions engaged in the production, reproduction, maintenance and destruction of carriers of state secrets, the integration of secret-related information systems, or the scientific research and production of weapons and equipment that involve state secrets shall undergo a review of confidentiality, and specific measures shall be formulated by The State Council。

 

　　Where a state organ or unit entrusts an enterprise or institution to engage in the business specified in the preceding paragraph, it shall sign a confidentiality agreement with it, put forward confidentiality requirements and adopt confidentiality measures。

 

　　Article 35 Personnel working in secret-related posts (hereinafter referred to as secret-related personnel) shall be classified into core secret-related personnel, important secret-related personnel and general secret-related personnel according to the degree of secret-related personnel, and shall be administered by classification。

 

　　The appointment or employment of secret-related personnel shall be examined in accordance with relevant provisions。

 

　　The secret-related personnel shall have good political quality and conduct and be competent for the work required by secret-related posts。

 

　　The lawful rights and interests of secret-related personnel shall be protected by law。

 

　　Article 36 Secret-related personnel shall undergo confidentiality education and training, master confidentiality knowledge and skills, sign confidentiality undertakings, strictly abide by confidentiality rules and regulations, and may not disclose State secrets by any means。

 

　　Article 37 The exit of secret-related personnel shall be approved by the relevant departments. If the relevant authorities consider that the exit of secret-related personnel will cause harm to state security or cause heavy losses to the interests of the State, the exit shall not be approved。

 

　　Article 38 The departure of secret-related personnel shall be governed by the period of separation of secrets。During the period of separation, secret-related personnel shall perform the confidentiality obligation in accordance with relevant provisions, may not obtain employment in violation of relevant provisions, and may not disclose State secrets by any means。

 

　　Article 39 Organs and units shall establish and improve a management system for secret-related personnel, clarify the rights, post responsibilities and requirements of secret-related personnel, and carry out regular supervision and inspection of the performance of duties by secret-related personnel。

 

　　Article 40 When a State functionary or other citizen discovers that a State secret has been disclosed or is likely to be disclosed, he shall immediately take remedial measures and promptly report the matter to the relevant authorities and units。After receiving the report, the organ or unit shall deal with it immediately and report to the confidentiality administrative department in a timely manner。

 

Chapter IV Supervision and administration

 

　　Article 41 The State secrecy administrative department shall, in accordance with the provisions of laws and administrative regulations, formulate rules and standards on secrecy and state secrecy。

 

　　Article 42 The confidentiality administrative department shall, in accordance with the law, organize and carry out publicity and education on confidentiality, inspection of confidentiality, protection of confidentiality techniques and investigation and investigation of leak cases, and guide and supervise the confidentiality work of organs and units。

 

　　Article 43 Where the secrecy administrative department finds that the determination, alteration or dissolution of a state secret is improper, it shall promptly notify the relevant organ or unit for correction。

 

　　Article 44 When the confidentiality administrative department inspects the organs and units' compliance with the confidentiality system, the relevant organs and units shall cooperate。Where the confidentiality administrative department finds that an organ or unit has hidden dangers of disclosure，They should be required to take measures，Rectification within a time limit;Facilities, equipment and places that have potential leaks，Shall be ordered to stop using;Personnel involved in serious breach of confidentiality provisions，The relevant organs and units shall be recommended to give sanctions and be transferred from secret-related posts;Found suspected of leaking state secrets，Shall urge and guide the relevant organs and units to investigate and handle。Where a crime is suspected, it shall be transferred to a judicial organ for handling。

 

　　Article 45 The secrecy administrative department shall confiscate the carriers of state secrets illegally obtained or held as discovered in the confidentiality inspection。

 

　　Article 46 Where the organ handling a case of suspected disclosure of state secrets needs to make an appraisal of whether the relevant matter is a state secret and of what classification it belongs to, the administrative department for secrecy of the State or the administrative department for secrecy of a province, autonomous region or municipality directly under the Central Government shall make an appraisal。

 

　　Article 47 Where a state organ or unit fails to impose sanctions on a person who violates the provisions on confidentiality in accordance with the law, the department of confidentiality administration shall propose correction, and if it refuses to make corrections, it shall request the organ at the next higher level or the supervisory organ to deal with the leading personnel and persons directly responsible for the responsibility of the organ or unit in accordance with the law。

 

Chapter V Legal liability

 

　　Article 48 Whoever commits any of the following acts in violation of the provisions of this Law shall be punished according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:

 

　　(1) Illegally obtaining or holding carriers of state secrets;

 

　　(2) buying, selling, transferring or privately destroying carriers of state secrets;

 

　　(3) transferring carriers of state secrets through ordinary post, express delivery or other channels without security measures;

 

　　(4) Posting or consigning a carrier of state secrets out of China, or carrying or passing on a carrier of state secrets out of China without approval of the competent department concerned;

 

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

 

　　(6) involving state secrets in private contacts and correspondence;

 

　　(7) transmitting state secrets on the Internet or other public information networks or through wired or wireless communications without taking security measures;

 

　　(8) Connecting classified computers and classified storage devices to the Internet or other public information networks;

 

　　(9) exchanging information between secret-related information systems and the Internet or other public information networks without taking protective measures;

 

　　(10) using non-secret computers or non-secret storage devices to store or process state secret information;

 

　　(11) uninstalling or modifying the security technical procedures and management procedures of classified information systems without authorization;

 

　　(12) Giving away, selling, discarding or using for other purposes any secret-related computer or secret-related storage device that has not been processed by security technology and has been retired from use。

 

　　Where the acts mentioned in the preceding paragraph do not constitute a crime and are not subject to punishment, the confidentiality administrative department shall urge the organ or unit to deal with them。

 

　　Article 49 Where an organ or unit violates the provisions of this Law and a major case of leakage occurs, the relevant organ or unit shall, according to law, impose sanctions on the persons directly in charge and other persons directly responsible;The confidentiality administrative department shall urge the competent department to deal with the personnel who are not subject to sanctions。

 

　　Where an organ or unit, in violation of the provisions of this Law, undecides the confidentiality of matters that should be classified, or assigns the confidentiality of matters that should not be classified, thus causing serious consequences, the relevant organ or unit shall impose sanctions on the persons directly in charge and other persons directly responsible according to law。

 

　　Article 50 Operators and service providers of the Internet and other public information networks who violate the provisions of Article 28 of this Law shall be punished by the public security organs or state security organs and the competent departments of the information industry according to their respective duties。

 

　　Article 51 Any staff member of a confidentiality administrative department who abuses his power, neglects his duty or engages in malpractices for personal gain in performing his duties for confidentiality administration shall be punished according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

 

Chapter VI Supplementary Provisions

 

　　Article 52 The Central Military Commission shall, in accordance with this Law, formulate Regulations on secrecy of the Chinese People's Liberation Army。

 

　　Article 53 This Law shall come into force as of October 1, 2010。

 

 

 

From: Party Discipline and Regulations Database