Ⅲ.Administrative Law

General

Law of the People's Republic of China on Guarding State Secrets

(Adopted at the 3rd Meeting of the Standing Committee of the Seventh National People's Congress on September 5，1988，revised at the 14th Meeting of the Standing Committee of the Eleventh National People's Congress on April 29，2010，promulgated by Order No．28 of the President of the People's Republic of China on April 29，2010，and effective as of October 1，2010)

Contents

Chapter Ⅰ　General Provisions

Chapter Ⅱ　Scope and Classification of State Secrets

Chapter Ⅲ　Confidentiality

Chapter Ⅳ　Supervision and Control

Chapter Ⅴ　Legal Liability

Chapter Ⅵ　Supplementary Provisions

Chapter Ⅰ　General Provisions

Article 1　This Law is formulated for the purposes of guarding State secrets，safeguarding State security and national interests，and ensuring the smooth progress of reform，opening and socialist construction．

Article 2　State secrets are matters that affect on State security and national interests and，as determined by statutory procedures，are known by people within a certain scope for a given period of time．

Article 3　State secrets shall be protected by the law．

All State organs，armed forces，political parties，social groups，enterprises，public institutions and citizens are obliged to guard State secrets．

Any act that jeopardizes the security of a State secret shall be subject to legal liability．

Article 4　The work of guarding State secrets shall follow the principles of actively preventing their divulgence，laying emphasis on priorities and carrying out administration in accordance with the law to ensure State secrets are safely guarded while information resources are rationally used．

Matters that should be made public as required by laws and administrative regulations shall be made public in accordance with the law．

Article 5　The State administrative department for guarding State secrets shall be responsible for the work of guarding State secrets nationwide．Local administrative departments for guarding State secrets at or above the county level shall be responsible for the work of guarding State secrets within their respective administrative areas．

Article 6　State organs and entities involved with State secrets (hereinafter referred to as“organs and entities”) shall administer the work of guarding State secrets in their own organs and entities．

Central State organs shall，within the scope of their functions and powers，administer or guide the work of guarding State secrets within their own systems．

Article 7　Organs and entities shall adopt an accountability system for guarding secrets，improve the management system for guarding secrets，perfect protective measures for guarding secrets，carry out publicity and education on guarding secrets，and strengthen inspections on guarding secrets．

Article 8　The State shall award organizations or individuals that make notable achievements in guarding and protecting State secrets and improving techniques and measures for guarding secrets．

Chapter Ⅱ　Scope and Classification of State Secrets

Article 9　The following matters involving State security and national interests shall be regarded as State secrets if the disclosure of such matters is likely to jeopardize State security and national interests in the fields of politics，the economy，national defense or foreign affairs:

(1) Secrets concerning major policy decisions on State affairs;

(2) Secrets concerning national defense construction and the activities of the armed forces;

(3) Secrets concerning diplomatic activities and activities related to foreign affairs as well as secrets to be kept as commitments to foreign countries;

(4) Secrets concerning national economic and social development;

(5) Secrets concerning science and technology;

(6) Secrets concerning activities for safeguarding State security and the investigation of criminal offences; and

(7) Other matters that are classified as State secrets by the State administrative department for guarding State secrets．

Secrets of political parties that conform to the provisions of the preceding paragraph shall be regarded State secrets．

Article 10　State secrets shall fall into three classifications: top secret，secret and confidential．

Top-secret information refers to vital State secrets，the divulgence of which would cause extremely serious harm to State security and national interests; secret information refers to important State secrets，the divulgence of which would cause serious harm to State security and national interests; and confidential information refers to ordinary State secrets，the divulgence of which would cause harm to State security and national interests．

Article 11　The specific scope and classification of State secrets shall be provided for by the State administrative department for guarding State secrets together with the ministries of foreign affairs，public security and State security and other central organs concerned．

The specific scope and classification of State secrets related to military affairs shall be provided for by the Central Military Commission．

Provisions on the specific scope and classification of State secrets shall be made known within the relevant scope，and adjusted in a timely manner in response to changing circumstances．

Article 12　The person responsible for an organ or entity or the person designated by the person responsible shall be in charge of classifying State secrets，and be responsible for the work of classifying，modifying and declassifying State secrets of the organ or entity．

When an organ or entity classifies，modifies or declassifies its own State secrets，the person who handles the matter shall formulate a specific opinion thereon，to be examined，verified and approved by the person in charge of classifying State secrets．

Article 13　The classification of State secrets shall be subject to the limits of authority for classifying State secrets．

A central State organ or an organ at the provincial level or its authorized organ or entity may classify State secrets as top secret，secret or confidential．An organ at the level of city with districts or autonomous prefecture or its authorized organ or entity may classify State secrets as secret or confidential．The specific limits of authority for classifying State secrets and the scope of authorization shall be determined by the State administrative department for guarding State secrets．

Where an organ or entity carries out a matter that is determined a State secret by its superior department and needs to classify the matter，such classification shall be made according to the classification of the State secret．Where an organ or entity at a lower level considers that the relevant matter subject to classification falls under the authority of its superior department，security measures shall be taken in advance，and the matter shall be immediately reported to the superior department for classification; in the absence of a superior department，the matter shall be immediately reported to the competent administration department or the administrative department for guarding State secrets with the appropriate authority for classification．

A public security organ or State security organ shall，according to its specified limits of authority，classify State secrets within the scope of its responsibilities．

Article 14　An organ or entity shall，in accordance with the provisions on the specific scope of State secrets and their classification，classify State secrets arising in their organ or entity，and determine the duration for guarding State secrets and the scope of access to the State secrets．

Article 15　The duration for guarding a State secret shall，based on the nature and characteristics of the State secret，be restricted to a necessary time limit according to the needs of maintaining State security and national interests; if the duration cannot be determined，the conditions for declassifying the secret shall be determined．

Unless otherwise provided，the duration for guarding a State secret that is classified as top secret shall not exceed 30 years，the duration for guarding a State secret that is classified as secret shall not exceed 20 years，and the duration for guarding a State secret that is classified as confidential shall not exceed 10 years．

An organ or entity shall，based on actual needs，determine the specific duration for guarding a State secret，and the date or conditions for declassifying a State secret．

Where an organ or entity decides，based on actual needs，to make public matters determined as State secrets in deciding on or handling relevant affairs，the matters shall be deemed as having been declassified upon being formally made public．

Article 16　Access to State secrets shall be limited to the minimum scope according to the actual needs of the work．

The scope of access to State secrets should be limited to specific personnel if possible，and if not possible，limited to an organ or entity which shall limit the scope to specific personnel．

Where personnel outside the scope of access to State secrets need to know State secrets due to work requirements，the approval of the person responsible for the relevant organ or entity shall be required．

Article 17　An organ or entity shall mark as State secrets materials bearing State secrets，such as paper and optical or electromagnetic media (hereinafter referred to as “materials bearing State secrets”)，as well as equipment and products that are regarded as State secrets．

The mark of State secret shall not be indicated on items not regarded as State secrets．

Article 18　The classification of State secrets，the durations for guarding them and the scope of access to them shall be modified in response to changing circumstances．Such modifications shall be made by the organ or entity that originally classified the State secrets and determined the durations for guarding them and the scope of access to them，or by a relevant superior department．

Organs，entities and personnel within the scope of access to State secrets shall be notified，in writing and in a timely manner，of any modifications to classifications of State secrets，the durations for guarding them and the scope of access to them．

Article 19　A State secret shall be automatically declassified upon the expiration of the duration for guarding it．

Organs and entities shall regularly examine and verify all secrets designated as State secrets．Where matters no longer need to be regarded as State secrets within the duration for guarding them due to adjustments to their scope，or it is no longer necessary to continue to keep State secrets because making them public will not prejudice State security and national interests，they shall be declassified in a timely manner．Where it is necessary to extend the duration for guarding a State secret，the duration shall be reassessed prior to its expiration．Early declassifications of State secrets or extensions to the durations for guarding them shall be decided by the organ or entity that originally classified them and defined the duration for guarding them or by its superior department．

Article 20　Where an organ or entity is unclear about or has a dispute in determining whether or not a matter is a State secret or which category it should be classified into，it shall be decided by the State administrative department for guarding State secrets or the administrative department for guarding State secrets of a province，autonomous region or municipality directly under the Central Government．

Chapter Ⅲ　Confidentiality

Article 21　The preparation，receipt，dispatch，delivery，use，reproduction，preservation，maintenance and destruction of materials bearing State secrets shall conform to the confidentiality provisions of the State．

Materials bearing State secrets that are top-secret shall be preserved in facilities or equipment that comply with the confidentiality standards of the State，and personnel shall be specially designated to manage the said facilities or equipment．The reproduction or extraction of such materials shall not be made without the approval by the organ or entity that originally classified the State secret or its superior department．Personnel shall be designated to take charge of the receipt，dispatch，delivery or carrying of such materials，and necessary security measures shall be taken．

Article 22　The development，production，transportation，use，preservation，maintenance and destruction of equipment or products that are State secrets shall conform to the confidentiality provisions of the State．

Article 23　Hierarchical protection shall be applied to computer information systems that store or process State secrets (hereinafter referred to as“sensitive information systems”) based on their sensitivity．

A sensitive information system shall be equipped with confidentiality facilities or equipment in accordance with the confidentiality standards of the State．The confidentiality facilities or equipment shall be planned，constructed and operated synchronously with the sensitive information system．

The sensitive information system shall，in accordance with the provisions，not be put into use before passing inspection．

Article 24　An organ or entity shall strengthen the management of sensitive information systems，and no organization or individual may conduct any of the following acts:

(1) Connect a sensitive computer or sensitive storage equipment to the Internet or any other public information network;

(2) Exchange information between a sensitive information system and the Internet or any other public information system without taking protective measures;

(3) Use a non-sensitive computer or non-sensitive storage equipment to handle information pertaining to State secrets;

(4) Uninstall or revise the security programs or management programs of a sensitive information system without approval; and

(5) Present as a gift，sell，discard，or alter the use of a sensitive computer or sensitive storage equipment that is no longer in use and has not been fitted with security technology．

Article 25　An organ or entity shall strengthen its management over materials bearing State secrets，and no organization or individual may conduct any of the following acts:

(1) Illegally obtain or possess materials bearing State secrets;

(2) Buy，sell，transmit through another party or privately destroy materials bearing State secrets;

(3) Transmit materials bearing State secrets through channels without any security measures such as ordinary mail and express delivery;

(4) Mail or consign materials bearing State secrets out of China; and

(5) Carry or transmit materials bearing State secrets out of China without approval from the relevant competent authority．

Article 26　It is prohibited to illegally reproduce，record or store State secrets．

It is prohibited to transmit State secrets over the Internet or any other public information network or via wired or wireless communications without adopting security measures．

It is prohibited to refer to State secrets in private communications or correspondence．

Article 27　The editing，publication，printing and distribution of newspapers，books，audio-video products and electronic publications，the production and broadcasting of broadcasts，television programs and films，and the compilation of information and its release on public information networks such as the Internet and mobile communications networks as well as via other media shall comply with relevant confidentiality regulations．

Article 28　Internet operators and other public information network operators and service providers shall provide cooperation in the investigation of cases involving the disclosure of State secrets conducted by the public security organs，State security organs and procuratorial organs．Upon discovering that information released on the Internet or any other public information network discloses State secrets，the operators and providers shall immediately terminate their transmission，keep the relevant records，and make a report to the public security organs，the State security organs or the administrative department for guarding State secrets; information involving the disclosure of State secrets shall be deleted as required by the public security organs，the State security organs or the administrative department for guarding State secrets．

Article 29　An organ or entity shall observe confidentiality regulations when publicly releasing information and purchasing works，goods and services that involve State secrets．

Article 30　Where an organ or entity needs to provide a State secret for the benefits of contacts and co-operation with foreign countries，or a foreign-appointed or foreignemployed person needs to know a State secret due to work requirements，the organ or entity shall report the same to the relevant competent department of 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 conclude an agreement on confidentiality with the third party．

Article 31　Where an organization holds a meeting or other activity that involves State secrets，the organization shall take confidentiality measures，educate the participants on confidentiality，and formulate specific requirements for guarding secrets．

Article 32　An organ or entity shall designate a department that deals with top-secret information or a relatively large number of secret or confidential information as a key confidential department，and a special location where State secret materials are manufactured，deposited and stored as a key confidential location，and provide and use necessary technical protection facilities or equipment in accordance with the confidentiality regulations and standards of the State．

Article 33　Prohibited military zones and other places and locations regarded as State secrets and not open to the public shall be protected by security measures; without approval of the relevant department，no decision may be made to open them to the public or to enlarge areas open to the public．

Article 34　An enterprise or public institution that engages in the manufacture，reproduction，maintenance and destruction of State secret materials，the integration of sensitive information systems，or business involving State secrets such as scientific research and the production of weaponry，shall be subject to a confidentiality review，the specific measures of which shall be provided by the State Council．

When an organ or entity entrusts an enterprise or public institution to engage in business set forth in the preceding paragraph，the organ or entity shall conclude an agreement on confidentiality with the enterprise or public institution，lay down the requirements for guarding secrets and take confidentiality measures．

Article 35　Personnel who hold posts related to confidential affairs (hereinafter referred to as“personnel related to confidential affairs”) shall，based on the extent to which they have contact with secrets，be classified as core personnel related to confidential affairs，important personnel related to confidential affairs or ordinary personnel related to confidential affairs，and shall be subject to classified management．

Examinations shall be conducted in respect of appointment or employment of personnel related to confidential affairs in accordance with the relevant provisions．

Personnel related to confidential affairs shall have good political quality and behavior，and be competent for such a post．

Legitimate rights and interests of personnel related to confidential affairs shall be protected by the law．

Article 36　Before assuming their post，personnel related to confidential affairs shall receive confidentiality education and training，master confidentiality knowledge and skills，sign a confidentiality agreement，and strictly observe security rules and regulations，and not divulge State secrets in any way．

Article 37　Personnel related to confidential affairs shall only leave China upon approval by the relevant departments．If the relevant organs consider that personnel related to confidential affairs leaving China will cause harm to State security or great harm to national interests，personnel related to confidential affairs shall not be approved to leave China．

Article 38　Personnel related to confidential affairs shall be kept away from secret information for a specific period of time when leaving their post or position．Within such a period，the aforesaid personnel shall perform their obligation for guarding secrets in accordance with the provisions，and shall not be employed in violation of the provisions or disclose State secrets in any way．

Article 39　An organ or entity shall establish and improve the management system for personnel related to confidential affairs，specify the rights of personnel related to confidential affairs and their post responsibilities and requirements，and constantly supervise and inspect the performance of responsibilities by personnel related to confidential affairs．

Article 40　When a State functionary or any other citizen discovers that a State secret has been disclosed or is likely to be disclosed，he or she shall immediately take remedial measures and report the same to the relevant organ or entity in a timely manner．The organ or entity shall，after receiving the report，immediately handle the matter and report the same to the relevant administrative department for guarding State secrets in a timely manner．

Chapter Ⅳ　Supervision and Control

Article 41　The State administrative department for guarding State secrets shall，in accordance with the provisions of laws and administrative regulations，formulate confidentiality rules and State confidentiality standards．

Article 42　An administrative department for guarding State secrets shall，in accordance with the law，organize and carry out work relating to dissemination of knowledge about guarding secrets，confidentiality inspections，technology of protecting and shielding State secrets as well as investigations and punishments in cases involving secret divulgence，and guide and supervise the work of guarding State secrets in organs and entities．

Article 43　Where an administrative department for guarding State secrets discovers any inappropriate classifications，modifications or declassifications of State secrets，the department shall promptly notify the relevant organ or entity to make corrections．

Article 44　When an administrative department for guarding State secrets inspects an organ's or entity's compliance with security rules，the relevant organ or entity shall cooperate．Where an administrative department for guarding State secrets discovers that there is a hidden danger of secrets being disclosed within an organ or entity，the department shall require the organ or entity to take measures and make corrections within a specified time limit; the department shall order the organ or entity to suspend the use of any facilities，equipment or places with a hidden danger of secrets being disclosed; and the department shall make suggestions to the relevant organ or entity on imposing disciplinary measures on personnel related to confidential affairs who seriously violate provisions on confidentiality and removing them from their post．If it is discovered that the personnel are suspected of divulgating a State secret，the department shall supervise or guide the relevant organ or entity to conduct an investigation and impose punishment accordingly．If the personnel are suspected of committing a crime，the case shall be transferred to the relevant judicial organ．

Article 45　An administrative department for guarding State secrets shall seize any materials bearing State secrets discovered during a confidentiality inspection that are illegally obtained or possessed．

Article 46　Where an organ that handles a case involving the suspected disclosure of a State secret needs to determine whether or not the relevant matter is a State secret or which category it should be classified into，such a decision shall be made by the State administrative department for guarding State secrets or the administrative department for guarding State secrets of the relevant province，autonomous region or municipality directly under the Central Government．

Article 47　Where an organ or entity fails to impose disciplinary measures in accordance with the law on a person who violates confidentiality regulations，the relevant administrative department for guarding State secrets shall make a suggestion on making corrections and，in the event of refusal to make corrections，shall submit a suggestion to the organ at the next higher level or the supervision organ for dealing with the responsible persons of the organ or entity and the persons directly responsible in accordance with the law．

Chapter Ⅴ　Legal Liability

Article 48　In the case of any of the following acts in violation of the provisions of this Law，disciplinary measures shall be imposed in accordance with the law; if the act constitutes a crime，criminal liability shall be imposed in accordance with the law:

(1) Illegally obtaining or possessing materials bearing State secrets;

(2) Buying，selling，transmitting through another party or privately destroying materials bearing State secrets;

(3) Transmitting materials bearing State secrets through channels without any security measures such as ordinary mail and express delivery;

(4) Mailing or consigning materials bearing State secrets out of China or carrying or transmitting materials bearing State secrets out of China without approval by the relevant authority;

(5) Illegally reproducing，recording or storing State secrets;

(6) Referring to State secrets in private communications or correspondence;

(7) Transmitting State secrets over the Internet or any other public information network or via wired or wireless communications without any security measures;

(8) Connecting a sensitive computer or sensitive storage equipment to the Internet or any other public information network;

(9) Exchanging information between a sensitive information system and the Internet or any other public information systems without taking protective measures;

(10) Using a non-sensitive computer or non-sensitive storage equipment to handle information pertaining to State secrets;

(11) Uninstalling or revising the security programs or management programs of a sensitive information system without approval; and

(12) Presenting as a gift，selling，discarding，or altering the use of a sensitive computer or sensitive storage equipment that is no longer in use and has not been fitted with security technology．

Where a person commits any of the acts set forth in the preceding paragraph but such act does not constitute a crime and disciplinary measures are not applicable，the relevant administrative department for guarding State secrets shall urge his or her organ or entity to deal with the person．

Article 49　Where an organ or entity violates the provisions of this Law resulting in a significant case involving the disclosure of secrets，the relevant organ or entity shall impose disciplinary measures on the person-in-charge who is directly responsible and other persons who are directly responsible．For persons to whom the disciplinary measures are not applicable，the administrative department for guarding State secrets shall urge the department in charge to deal with the person．

Where，in violation of the provisions of this Law，an organ or entity fails to classify a matter that is required to be classified or classifies a matter that is not required to be classified，thereby causing serious consequences，the relevant organ or entity shall impose disciplinary measures on the person-in-charge who is directly responsible and other persons who are directly responsible．

Article 50　Where an Internet operator or any other public information network operator or service provider violates the provisions of Article 28 of this Law，the relevant public security organ or State security organ and the competent information industry department shall，in accordance with their respective functions and duties，impose a penalty thereon in accordance with the law．

Article 51　Where a staff member of an administrative department for guarding State secrets abuses his or her powers，neglects his or her duties，practices favoritism or commits irregularities，disciplinary measures shall be imposed in accordance with the law．If the act constitutes a crime，criminal liability shall be imposed in accordance with the law．

Chapter Ⅵ　Supplementary Provisions

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

Article 53　This Law shall come into effect as of October 1，2010．