Table of Contents
Chapter I: General Provisions.
Chapter II: The Scope and Level of State Secrets.
Chapter III: Confidentiality System.
Chapter IV: Supervision and Management.
Chapter V: Legal Responsibility.
Chapter VI Supplementary Provisions.
Chapter I: General Provisions. Article 1: This Law is formulated on the basis of the Constitution in order to protect state secrets, safeguard national security and interests, and ensure the smooth progress of reform, opening up, and socialist modernization. Article 2: State secrets are matters that are related to their interests and are determined in accordance with legal procedures, and are known only to a certain range of persons for a certain period of time. Article 3: Persist in the leadership of the Communist Party of China in efforts to protect state secrets (hereinafter referred to as "secrecy"). ** Leading institutions for secrecy work lead national secrecy work, research, formulate, and guide the implementation of national secrecy work strategies and major guidelines and policies, coordinate major state secrecy matters and important work, and advance the establishment of the rule of law for state secrecy. Article 4: Secrecy work adheres to the overall outlook, following the principles of Party management of secrecy, lawful management, active prevention, highlighting key points, equal emphasis on technology and management, and innovative development, both to ensure the security of state secrets and to facilitate the rational use of information resources. Matters that laws and administrative regulations provide for disclosure shall be disclosed in accordance with law. Article 5: State secrets are protected by law. All state organs and armed forces, political parties and people's organizations, enterprises, public institutions and other social organizations, and citizens have the obligation to maintain confidentiality. Any act that endangers the security of state secrets must be prosecuted according to law. Article 6: The departments for the administration and management of state secrecy are in charge of secrecy work throughout the country. Local departments for the administration and management of secrecy at or above the county level are in charge of secrecy work in their respective administrative regions. Article 7: State organs and units involving state secrets (hereinafter referred to as "organs and units") are to manage the secrecy efforts of their own organs and units. * State organs manage or direct the secrecy work of the system within the scope of their authority. Article 8: Organs and units shall implement a responsibility system for secrecy work, lawfully set up secrecy work bodies or designate special personnel to be responsible for secrecy work, complete secrecy management systems, improve secrecy protection measures, carry out secrecy publicity and education, and strengthen secrecy supervision and inspection. Article 9: The state is to employ various forms to strengthen publicity and education on secrecy, including secrecy education in the national education system and the education and training system for civil servants, encouraging the mass media to conduct publicity and education on secrecy for the public, popularizing knowledge of secrecy, publicizing the rule of law on secrecy, and increasing the entire society's awareness of secrecy. Article 10: The State encourages and supports the research and application of science and technology in secrecy, increasing the capacity for independent innovation, and protecting intellectual property rights in the field of secrecy in accordance with law. Article 11: People's ** at the county level or above shall include secrecy work in the national economic and social development plan at that level, and the necessary funds shall be included in the budget at that level. The funds needed by organs and units to carry out secrecy work shall be included in that organ's or unit's annual budget or annual revenue and expenditure plan. Article 12: The State is to strengthen the cultivation of secret-guarding personnel and the establishment of teams, and improve relevant incentive and safeguard mechanisms. Commendations and awards are to be given to organizations and individuals that have made outstanding contributions to the work of protecting and protecting state secrets in accordance with relevant state provisions. Chapter II: The Scope and Level of State Secrets. Article 13: The following matters involving *** and interests that, after being leaked, might harm the security and interests of the state in the fields of politics, economy, national defense, foreign affairs, etc., shall be designated as state secrets: (1) Secret matters in major decision-making on state affairs; (2) Secret matters in the construction of national defense and the activities of the armed forces; (3) Secret matters in diplomatic and foreign affairs activities, as well as secret matters that bear the obligation of confidentiality to the outside world; (4) Secret matters in the course of national economic and social development; (5) Secret matters in science and technology; (6) Safeguarding the secrecy of activities and investigating criminal offenses; (7) Other secret matters as determined by the state secrecy administrative department. Where the provisions of the preceding paragraph are met in the secret matters of political parties, they are state secrets. Article 14: The classification of state secrets is divided into top secret, secret, and secret**. Top secret state secrets are the most important state secrets, and their disclosure will cause particularly serious damage to their interests; Classified state secrets are important state secrets, and their disclosure will cause serious damage to their interests; Secret-level state secrets are general state secrets, and their disclosure will cause damage to their interests. Article 15: The specific scope of state secrets and their classification (hereinafter referred to as the scope of secrecy matters) is to be prescribed by the state secrecy administration department, either alone or in conjunction with relevant state organs. The scope of confidential matters in the military field shall be determined by the ** Military Commission. The determination of the scope of confidential matters shall follow the principles of necessity and reasonableness, scientifically debate and assess, and promptly adjust them as circumstances change. Provisions on the scope of confidential matters shall be published within the relevant scope. Article 16: The principal responsible person of an organ or unit and its designated personnel are the persons responsible for classifying secrets, and are responsible for the work of identifying, altering, and removing state secrets in that organ or unit. Where an organ or unit determines, modifies, or removes state secrets from that organ or unit, the person undertaking it shall submit specific opinions, which shall be reviewed and approved by the person responsible for classifying secrets. Article 17: The determination of the classification level of state secrets shall comply with the scope of classification authority. * State organs, provincial-level organs and their authorized organs and units may determine state secrets at the top secret, secret and secret levels; Organs at the districted-city level and their authorized organs and units may designate state secrets at the level of secrecy and secrecy; In special circumstances, where it is not possible to authorize the classification of secrets in accordance with the above provisions, the state department for the administration and management of secrets or the provincial, autonomous region, or municipality directly under the Central Government's department for the administration of secrets may grant the authority for the organ or unit to classify secrets. The specific scope of authority and authorization for classifying secrets is to be prescribed by the state secrecy administrative department. Where a lower-level organ or unit finds that the relevant classified matters arising from that organ or unit fall within the scope of the higher-level organ or unit's authority to classify secrets, it shall first employ confidentiality measures and immediately report to the higher-level organ or unit for confirmation; Where there is no higher-level organ or unit, it shall be immediately submitted to the competent department for operations or the department for the administration and management of secrecy that has the corresponding authority to classify secrets. Public security organs and ** organs shall determine the classification of state secrets within the scope of their work in accordance with the scope of their prescribed authority. Article 18: Where it is necessary for an organ or unit to derive a classification of state secret matters determined by a higher level or to handle a state secret matter determined by another organ or unit, it shall be determined on the basis of the classification of the state secret matter being carried out or handled. Article 19: Organs and units shall determine the level of secrecy in accordance with the provisions on the scope of secrecy matters, and at the same time determine the secrecy period and scope of knowledge of state secret matters that arise; If conditions permit, secret points may be marked. Article 20: The period of secrecy of state secrets shall be limited to the necessary period in accordance with the nature and characteristics of the matter and the need to safeguard the best interests and interests; Where the time limit cannot be determined, the conditions for declassification shall be determined. Unless otherwise specified, the period of secrecy for state secrets shall not exceed 30 years for the top secret level, 20 years for the secret level, and 10 years for the secret level. Organs and units shall, as needed for work, determine specific secrecy periods, declassification periods, or declassification conditions. Where an organ or unit decides to disclose a matter that needs to be kept secret in the course of deciding on and handling relevant matters in the course of its work, it shall be deemed to be declassified when it is officially announced. Article 21: The scope of knowledge of state secrets shall be limited to the minimum scope as needed for work. Where the scope of knowledge of state secrets can be limited to specific persons, it is limited to specific persons; Where it cannot be limited to specific personnel, it is limited to organs or units, and that organ or unit is to limit it to specific personnel. Where persons outside the scope of knowledge of state secrets need to learn state secrets for work, they shall obtain the approval of the principal responsible person for the organ or unit or the person designated by them. Where the organs or units that originally classified secrets have clear provisions on expanding the scope of knowledge of state secrets, they shall abide by those provisions. Article 22: State organs and units shall mark state secrets on carriers such as paper, optical, and electromagnetic media that carry state secrets (hereinafter referred to as carriers of state secrets), as well as equipment and products that are state secrets. Electronic documents involving state secrets shall be marked as state secrets in accordance with relevant state provisions. Where it is not a state secret, it must not be marked as a state secret. Article 23: The classification level, period of secrecy, and scope of knowledge of state secrets shall be promptly changed in light of changes in the circumstances. Changes in the classification level, secrecy period, and scope of knowledge of state secrets are to be decided by the organ or unit that originally designated them, and may also be decided by the organ at a higher level. Where there is a change in the classification level, secrecy period, or scope of knowledge of state secrets, the organs, units, or persons within the scope of knowledge shall be promptly notified in writing. Article 24: Organs and units shall annually review the state secrets they have identified. Where the period of secrecy of state secrets has expired, they shall be declassified on their own. Where, during the period of secrecy, it is no longer a state secret due to the adjustment of the scope of the confidential matter, or it will not harm the best or interests after disclosure, and it is not necessary to continue to keep it secret, it shall be promptly declassified; Where it is necessary to extend the period of secrecy, the level of secrecy, the period of secrecy, and the scope of knowledge shall be re-determined before the original period of secrecy is completed. Where the secrecy period is declassified in advance or the period of secrecy is extended, the decision of the organ or unit that originally classified the secrets is to be made, and the decision may also be made by the organ at the level above. Article 25: Where organs or units are unclear or disputed as to whether or not they are state secrets or what level of secrecy they belong to, the state secrecy administration department or the provincial, autonomous region, or directly governed municipality secrecy administration department is to make a determination in accordance with the state secrecy provisions. Chapter III: Confidentiality System. Article 26: The production, sending, receiving, transmitting, using, reproducing, preserving, maintaining, and destroying state secret carriers shall comply with state secrecy provisions. Carriers of top-secret state secrets shall be kept in facilities and equipment that meet state secrecy standards, and designated personnel shall be designated for management; Without the approval of the organ or unit that originally classified the secrets, or the organ at a higher level, it must not be copied or copied; Persons shall be designated to be responsible for sending, receiving, transmitting, and carrying them out, and necessary security measures shall be taken. Article 27: The development, production, transportation, use, preservation, maintenance, and destruction of equipment and products that are state secrets shall comply with state secrecy provisions. Article 28: Organs and units shall strengthen the management of state secret carriers, and no organization or individual may engage in the following conduct: (1) Illegally obtaining or possessing state secret carriers; (2) Buying, selling, transferring, or privately destroying state secret carriers; (3) Transmitting carriers of state secrets through channels without confidentiality measures, such as ordinary postal services or express delivery; (4) Sending or consigning state secret carriers out of the country; (5) Carrying or transmitting carriers of state secrets out of the country without the approval of the relevant competent departments; (6) Other conduct that violates provisions on the secrecy of state secret carriers. Article 29: It is prohibited to illegally reproduce, record, or store state secrets. It is prohibited to transmit state secrets on the Internet or other public information networks, or in wired and wireless communications, without employing effective secrecy measures in accordance with state secrecy regulations and standards. It is forbidden to involve state secrets in private contacts and correspondence. Article 30: Computer information systems that store and handle state secrets (hereinafter referred to as "information systems related to secrets") are to be protected at different levels in accordance with the degree of confidentiality. Information systems involving secrets shall be planned, constructed, operated, and maintained in accordance with state secrecy regulations and standards, and shall be equipped with secrecy facilities and equipment. Secrecy facilities and equipment shall be planned, constructed, and operated simultaneously with the secret-related information system. Information systems involving secrets shall, in accordance with regulations, be put into use only after passing inspections, and conduct regular risk assessments. Article 31: Organs and units shall strengthen the management of the secrecy of information systems and information equipment, establish secrecy self-supervision facilities, and promptly discover and address security and secrecy risks and hidden dangers. No organization or individual may engage in any of the following acts: (1) Failing to employ effective secrecy measures in accordance with state secrecy regulations and standards, and connecting information systems or equipment involving secrets to the Internet and other public information networks; (2) Failing to employ effective secrecy measures in accordance with state secrecy regulations and standards to conduct information exchanges between information systems and equipment related to secrets, and the Internet and other public information networks; (3) Using non-classified information systems or non-classified information equipment to store or process state secrets; (4) Uninstalling or modifying security technical procedures and management procedures for information systems involving secrets without authorization; (5) Donating, discarding, or reusing classified information equipment that has not been processed by security technology for other purposes; (6) Other conduct that violates the confidentiality provisions of information systems and information equipment. Article 32: Security and secret-guarding products and secret-guarding technical equipment used to protect state secrets shall comply with state secrets regulations and standards. The State shall establish a system for random inspection and re-inspection of security and confidentiality products and security technical equipment, and the testing shall be conducted by institutions established or authorized by the State department for the administration and management of state secrets. Article 33: The editing, publishing, printing, and distribution of newspapers and periodicals, books, audio-visual products, and electronic publications, as well as the production and dissemination of radio programs, television programs, and films, as well as the production, reproduction, publication, and dissemination of network information, shall comply with state secrecy provisions. Article 34: Network operators shall strengthen the management of information published by their users, and cooperate with the supervision organs, departments for the administration of secrecy, public security organs, and ** organs to investigate and handle cases of suspected leaks of state secrets; Where it is discovered that information published through the Internet or other public information networks is suspected of leaking state secrets, the transmission of that information shall be immediately stopped, relevant records shall be kept, and a report shall be made to the department for the administration of secrecy or to the public security organs or ** organs; Information involving the disclosure of state secrets shall be deleted in accordance with the requirements of the department for the administration of secrecy or the public security organs or ** organs, and the relevant equipment shall be technically disposed of. Article 35: Organs and units shall conduct a confidentiality review of the information to be disclosed in accordance with law, and comply with state secrecy provisions. Article 36: The carrying out of data handling activities involving state secrets and their security regulation shall comply with state secrecy provisions. The state departments for the administration and management of secrecy and the provincial, autonomous region, or directly governed municipality departments for the administration of secrecy, in conjunction with the relevant competent departments, are to establish mechanisms for the prevention and control of security and confidentiality, employing security and confidentiality prevention and control measures to prevent the risk of leaking secrets caused by data aggregation and association. Organs and units shall lawfully strengthen security management of data that is a matter of state secrets after aggregation or association. Article 37: Where organs or units provide state secrets to overseas or to organizations or institutions established outside the territory of China, and foreign personnel appointed or hired need to learn state secrets for work, it is to be handled in accordance with relevant state provisions. Article 38: Where the holding of meetings or other activities involves state secrets, the organizers shall adopt confidentiality measures, conduct confidentiality education for the participants, and put forward specific confidentiality requirements. Article 39: Organs and units shall designate institutions involved in state secrets at the top secret level or a relatively large number of state secrets or secret levels as departments critical to secrecy, designate special places for the centralized production, storage, and custody of state secret carriers as key secrecy sites, and equip and use necessary technical protection facilities and equipment in accordance with state secrecy regulations and standards. Article 40: Secrecy measures shall be employed in military restricted zones, military administrative zones, and other places and locations that are state secrets and are not open to the public, and without the approval of the relevant departments, no decision shall be made to open them to the outside world or expand the scope of opening to the outside world. The area around military installations and other important units involved in secrets shall strengthen the management of secrecy in accordance with state secrecy provisions. Article 41: Enterprises and public institutions engaged in operations involving state secrets shall have the corresponding capacity for secrecy management and abide by state secrecy provisions. Enterprises and public institutions engaged in the production, reproduction, maintenance, and destruction of state secret carriers, the integration of secret-related information systems, the scientific research and production of equipment, or the construction of secret-related military facilities, and other business involving state secrets, shall obtain secrecy qualifications after examination and approval. Article 42: Organs and units that procure goods or services involving state secrets, and units such as for the construction, design, construction, and supervision of projects that directly involve state secrets, shall abide by the provisions on state secrecy. Where an organ or unit entrusts an enterprise or public institution to engage in business involving state secrets, it shall sign a confidentiality agreement with it, submit confidentiality requirements, and employ confidentiality measures. Article 43 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 involvement, and shall be subject to classified management. The appointment and employment of personnel involved with secrets shall be reviewed in accordance with relevant state provisions. Personnel involved with secrets shall have good political quality and conduct, have undergone education and training in secret-guarding, have the ability to work and have the knowledge and skills to work in secret-related positions, sign a confidentiality pledge, strictly abide by state secret-guarding regulations, and bear the responsibility for confidentiality. The lawful rights and interests of personnel involved in secrets are protected by law. Personnel involved in secrets whose lawful rights and interests are affected or restricted due to confidentiality reasons are to be given corresponding treatment or compensation in accordance with relevant state provisions. Article 44 Organs and units shall establish and improve a management system for personnel involved with secrets, clarify the rights, job responsibilities and requirements of personnel involved with secrets, and carry out regular supervision and inspection of the performance of duties by personnel involved with secrets. Article 45 The exit of personnel involved with secrets shall be subject to the approval of the relevant departments, and the relevant organs shall not approve the exit of personnel involved in secrets if they believe that the exit of personnel involved with secrets will cause harm to the state or cause major losses to national interests. Article 46: Personnel involved with secrets shall abide by state secrecy provisions when they leave their posts and leave their posts. Organs and units shall carry out education and reminders on secrecy, clear the carriers of state secrets, and implement management of the declassification period. During the period of declassification, personnel involved with secrets shall not be employed or leave the country in violation of regulations, and shall not divulge state secrets in any way; After the end of the declassification period, they shall abide by the provisions on state secrecy and continue to perform their confidentiality obligations with respect to state secrets that they are aware of. Where personnel involved with secrets seriously violate the provisions on state secrecy during the period of leaving their posts and leaving their posts or during the period of declassification, the organs or units shall promptly report to the department for the administration of secrecy at the same level, and the department for the administration of secrecy shall take measures to deal with it in conjunction with the relevant departments in accordance with law. Article 47: When state employees or other citizens discover that state secrets have been leaked or might be leaked, they shall immediately employ remedial measures and promptly report to the relevant organs or units. After receiving the report, the organ or unit shall immediately handle it and promptly report it to the department for the administration of secrecy. Chapter IV: Supervision and Management. Article 48: In accordance with the provisions of laws and administrative regulations, the departments for the administration and management of state secrecy are to formulate secrecy rules and state secrecy standards. Article 49: The departments for the administration of secrecy are to organize and carry out publicity and education on secrecy, secrecy inspections, technical protection of secrecy, and investigation and handling of cases of secrecy violations in accordance with law, and conduct guidance, supervision, and management of secrecy work. Article 50: Where the departments for the administration of secrecy discover that state secrets have been improperly designated, altered, or removed, they shall promptly notify the relevant organs or units to make corrections. Article 51: The departments for the administration and management of secrecy are to inspect the compliance of organs and units with laws, regulations, and related systems on secrecy in accordance with law; where confidentiality violations are suspected, they shall promptly investigate and handle it, or organize and urge relevant organs or units to investigate and handle it; and where a crime is suspected, it shall be transferred to the supervision organs or judicial organs for handling in accordance with law. The department for the administration and management of secrecy shall recommend that the relevant organs or units transfer personnel involved in secrets who seriously violate state secrecy regulations to be removed from their secret-related posts. Relevant organs, units, and individuals shall cooperate with the departments for the administration of secrecy in performing their duties in accordance with law. Article 52: In the course of secrecy inspections and case investigation and handling, departments for the administration of secrecy may lawfully consult relevant materials, question personnel, and record circumstances, and register and store relevant facilities, equipment, documents, and so forth; When necessary, confidential technical testing may be conducted. The departments for the administration of secrecy shall confiscate the carriers of state secrets that are illegally obtained or possessed during secrecy inspections and case investigation and handling; Where it is discovered that there is a hidden danger of leaking state secrets, it shall be required to take measures to make corrections within a set period of time; Facilities, equipment, and venues that have the potential risk of leaking state secrets shall be ordered to stop using. Article 53: Where organs handling cases of suspected leakage of state secrets need to conduct an appraisal of whether the relevant matter is a state secret and what level of secrecy it belongs to, the department for the administration of state secrecy or the department for the administration of secrecy of a province, autonomous region, or municipality directly under the Central Government is to conduct an evaluation. Article 54: Where organs or units do not give sanctions to persons who violate state secrecy provisions in accordance with law, the departments for the administration of secrecy shall recommend corrections; Where corrections are refused, request that the organ at the level above or the supervision organ have the leaders and directly responsible personnel responsible for that organ or unit to be dealt with in accordance with law. Article 55: Departments for the administration of secrecy at the districted-city level or above are to establish secrecy risk assessment mechanisms, monitoring and early warning systems, and emergency response systems, and work with relevant departments to carry out information collection, analysis, and reporting efforts. Article 56: Secrecy associations and other industry organizations are to carry out activities in accordance with the provisions of laws and administrative regulations, to promote industry self-discipline and promote the healthy development of the industry. Chapter V: Legal Responsibility. Article 57: In any of the following circumstances where the provisions of this Law are violated, sanctions are to be given in accordance with law based on the severity of the circumstances; Where there are unlawful gains, the unlawful gains are to be confiscated: (1) Illegally obtaining or possessing carriers of state secrets; (2) Buying, selling, transferring, or privately destroying carriers of state secrets; (3) Transmitting state secret carriers through channels without confidentiality measures, such as ordinary postal services or express delivery; (4) Sending or consigning 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 departments; (5) Illegally copying, recording, or storing state secrets; (6) Involving state secrets in private contacts and correspondence; (7) Failing to employ effective secrecy measures in accordance with state secrecy provisions and standards, and transmitting state secrets on the Internet and other public information networks, or in wired and wireless communications; (8) Failing to employ effective secrecy measures in accordance with state secrecy regulations and standards, and connecting information systems or equipment involving secrets to the Internet or other public information networks; (9) Failing to adopt effective secrecy measures in accordance with state secrecy regulations and standards, and conducting information exchanges between information systems and equipment related to secrets, and the Internet and other public information networks; (10) Using non-classified information systems or non-classified information equipment to store or process state secrets; (11) Uninstalling or modifying the security technical procedures or management procedures of information systems involving secrets without authorization; (12) Donating, discarding, or reusing classified information equipment that has not been processed by security technology for other purposes; (13) Other situations violating the provisions of this Law. Where the circumstances in the preceding paragraph do not constitute a crime and sanctions are not applicable, the departments for the administration of secrecy are to urge the organ or unit to which they belong to handle them. Article 58: Where organs or units violate the provisions of this Law by major cases of leaking state secrets, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law. For persons who do not apply sanctions, the departments for the administration of secrecy are to urge their competent departments to handle them. Where organs or units violate the provisions of this Law by failing to classify matters that should be classified as secrets, by classifying matters that should not be classified, or by failing to perform their responsibility for declassification review, causing serious consequences, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law. Article 59: Where network operators violate the provisions of article 34 of this Law, the public security organs, ** organs, telecommunications departments, and departments for the administration of secrecy are to give punishments in accordance with law in accordance with their respective duties and division of labor. Article 60: Where an enterprise or public institution that has obtained secrecy qualifications violates state secrecy provisions, the secrecy administration department shall order it to make corrections within a set period of time, give a warning, or circulate a notice of criticism; where there are unlawful gains, the unlawful gains shall be confiscated; where the circumstances are serious, suspend secret-related operations and lower the qualification level; where the circumstances are especially serious, secrecy qualifications are revoked. Where enterprises and public institutions that have not obtained secrecy qualifications illegally engage in secret-related operations as provided for in paragraph 2 of Article 41 of this Law, the departments for the administration of secrecy are to order them to stop the secret-related operations, give warnings, or circulate criticism; where there are unlawful gains, the unlawful gains shall be confiscated; Article 61: Where the staff of the department for the administration of secrecy abuse their authority, derelict their duties, or twist the law for personal gain in the performance of their secrecy management duties, they are to be given sanctions in accordance with law. Article 62: Where violations of the provisions of this Law constitute a crime, criminal responsibility is pursued in accordance with law. Chapter VI Supplementary Provisions. Article 63 Specific provisions for the Chinese People's Liberation Army and the Chinese People's Armed Police Force to carry out secrecy work are to be formulated by the ** Military Commission in accordance with this Law. Article 64: Organs and units are to apply the Measures for the Management of Work Secrets to employ necessary protective measures for matters that are not state secrets or are not state secrets that are produced or obtained in the course of performing their functions, but will cause a certain adverse impact if leaked. Measures for the management of work secrets are provided for separately. Article 65: This Law takes effect on May 1, 2024.
Source: Chinese National Network.
Editor: Chen Jie.
Editor in charge: Wang Neng.
Auditor: Lei Faxia.