The People's Republic of China Conservative State Secret Law
Author:  Release time: 2019-10-29   Views:985

(September 5, 1988, the third meeting of the Standing Committee of the 7th National People's Congress, approved,Act of the 14th Meeting of the Standing Committee of the 11th National People's Congress on April 29, 2010,President of the People's Republic of China announced No. 28。)

Chapter 1 General Principles

Article 1 In order to keep national secrets,Maintain national security and interests,Settlement of the cause of reform and opening up and socialist construction,Develop this law。

Article 2 State secrets are related to national security and interests,Determine according to the legal procedures,What the person who knows only a certain range of people knows a certain period of time。

Article 3 State secrets are protected by law.

All state organs、Armed Forces、Political Party、Social Group、Enterprise institutions and citizens have the obligation to keep state secrets。

Any behavior that endangers the security of the country,All must be investigated by the law。

Article 4 The work of conservative state secrets (hereinafter referred to as confidential work),Perform active prevention、Highlights、policy managed according to law,Ensure the security of the country,And convenient information resources reasonably。

Law、Public issues stipulated in administrative regulations,It should be disclosed in accordance with the law。

5 The secret work of the national confidential administrative department in charge of the country。The confidentiality work of the confidential administrative department at all levels at or above the county level。

6 State organs and units involving state secrets (hereinafter referred to as agencies、Unit) Manage the confidentiality of the agency and the unit。

The central state organs are within its scope,Manage or guide the confidentiality of this system。

Article 7、The unit shall implement the confidentiality work responsibility system,Improve the confidential management system,Improve confidential protection measures,Carry out confidentiality publicity and education,Strengthen confidential inspection。

Article 8 State is conservative、Protecting national secrets and improving confidentiality technology、Measures and other units or individuals with significant results will be rewarded。

Chapter 2 The scope of the State Secrets and Trends

Article 9 of the following matters involving national security and interests,After leakage, it may damage the country in politics、Economy、Defense、Security and interests in the fields of diplomacy,It should be determined as a state secret:

(1) Secret matters in major national affairs decisions;

(2) Secret matters in national defense construction and armed forces;

(3) Secret matters in diplomatic and foreign affairs activities and secret matters that bearing confidentiality obligations;

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

(5) Secret matters in science and technology;

(6) Maintaining national security activities and recovering secret matters in criminal crimes;

(7) Other secret matters determined by the State Secret Administrative Department。

The secret matters of the party meet the stipulated in the previous paragraph,belongs to the National Secret。

Article 10 The secret Sky Bet levels of the state secrets are divided into unique secrets、confidential、Secret Level 3。

State secrets of the top -secret level are the most important national secrets,Leakage will cause particularly serious damage to national security and interests; confidential state secrets are important national secrets,Leakage will cause serious damage to national security and interests; the secret state secrets are ordinary state secrets,Leakage will damage national security and interests。

Article 11 The specific scope of national secrets and its secret levels,State confidential administrative departments with diplomacy、Public Security、Standards for relevant authorities of national security and other central government。

Military national secrets and the specific scope of their secret levels,It is stipulated by the Central Military Commission。

State of the Specific Scope of State Secret and Specific Specific Scope,It should be announced within the relevant range,and adjust in time according to the situation。

Article 12、The person in charge of the unit and the person designated as the person in charge is the responsible person,Responsible for this organ、State secrets of our unit、Change and lifting work。

Organ、Determined unit、Change and lift this agency、State Secret of the unit,The organizer should put forward specific opinions,Review and approval by the person responsible for the detention。

Article 13 Determine the secret level of state secrets,It should abide by the density authority。

Central State Organ、Provincial organs and its authorized organs、The unit can determine the dense level、confidential and secret state secrets;、The level of government agencies at the autonomous prefecture and its authorized agencies、The unit can determine the secret and secret state secrets。Specific fixed -secret authority、The scope of authorization shall be stipulated by the state confidential administrative department。

Organ、The national secret matters determined by the unit,Need dense,Determine according to the secret level of the national secret matters。Subordinates、The unit believes that this agency、Related issues generated by the unit belong to the superior agency、The density authority of the unit,Scholarship should be taken first,and immediately report to the higher level、The unit is determined; there is no higher -level organs、Unit,It should be immediately requested that the business authority with corresponding confidential authority or the confidential administrative department determined。

Public Security、State security organs determine the secret level of state secrets in accordance with the prescribed permissions within their working scope。

Article 14、The national secret matters generated by the unit,Determine the secret level in accordance with the specifications of national secrets and its dense levels,At the same time, determine the period of confidentiality and the scope of knowledge。

Article 15 The confidential period of the state secret,It should be based on the nature and characteristics of the matter,According to the needs of maintaining national security and interests,Limited within the necessary period; if the deadline cannot be determined,The condition of decryption should be determined。

The confidential period of the state secret,Except for other regulations,The top -secret level does not exceed 30 years,The secret level does sky bet login not exceed 20 years,The secret level does not exceed ten years。

Organ、The unit shall be according to work needs,Determine the specific confidential period、Decrypting time or decryption conditions。

Organ、The unit determines the matters that need to be kept in the process of decision and handling related matters,Decided disclosure according to the needs of the work,It is considered decryption when it is officially announced。

Article 16 The scope of the country secrets,It should be limited to the minimum range according to the needs of the work。

The scope of the knowledge of national secrets can be limited to the specific personnel,Limited to specific personnel; cannot be limited to specific personnel,Limited to the agency、Unit,From the agency、The unit is limited to specific personnel。

Personnel outside the scope of national secrets,Due to work, you need to know the secrets of the state,It should pass through the agency、Approval of the person in charge of the unit。

Article 17、The unit is a paper material that carries the state secrets、Light media、Electromagnetic medium and other carriers (hereinafter referred to as the state secret carrier) and equipment that belongs to the state secrets、Product,The national secret logo should be made。

Not belonging to the state secret,Should not make a national secret logo。

Article 18 The secret level of state secrets、Confidentiality period and scope of knowledge,Changes should be changed in time according to the situation。The secret level of the state secret、Changes of confidentiality period and the scope of knowledge,from the original secret agency、Unit decide,It can also be determined by its superior authority。

The secret level of the state secret、The period of confidentiality and the scope of knowledge is changed,shall be notified in writing in writing in writing、Unit or personnel。

Article 19 The confidential period of the state secrets is full,Decryage yourself。

Organ、The unit shall regularly review the national secrets determined by。Adjustment of the scope of confidential matters within the confidential period is no longer used as national secrets,or will not damage national security and interests when it is public,No need to continue confidential,It should be decrypted in time; for extending the confidential period,The confidential period should be re -determined before the expiration of the original confidential period。Decrypting or extending the confidential period,from the original secret agency、Unit decide,It can also be determined by its superior authority。

Article 20、The unit's secret or controversial for whether the unit belongs to the state secret or what kind of secret level is,by the national confidential administrative department or province、Autonomous Region、Decision of the Secure Administrative Department of the Municipality directly under the Central Government。

Chapter III confidential system

21 The production of the state secret carrier、Sending and receiving、Save、Use、Copy、Save、Maintenance and destruction,It should comply with national confidentiality regulations。

The secret carrier of the top -secret state should be facilities that meet the national confidential standards、Save in the device,and specify the management of a special person;、Unit or its superior organs approval,Do not copy and extract; send and receive、Passing and going out to carry,The designated personnel should be responsible,and take necessary security measures。

Twenty -two devices belonging to state secrets、Development of Products、Production、Transportation、Use、Save、Maintenance and destruction,It should comply with national confidentiality regulations。

Article 23 Storage、Computer information system (hereinafter referred to as confidential information system) that handle national secrets (hereinafter referred to as confidential information system) implements classification protection in accordance with the degree of confidentiality。

The confidential information system shall be equipped with confidential facilities in accordance with national confidential standards、Equipment。Confidential facilities、Equipment shall be planned synchronously with the secret information system,Synchronous construction,Synchronous operation。

The secret information system should be in accordance with regulations,After passing the inspection,Fang can be put into use。

Article 24、The unit shall strengthen the management of the secret information system,No organization or individual may have the following behaviors:

(1) The secret computer -related computer、Secret storage equipment access the Internet and other public information networks;

(2) When the protective measures are not taken,Information exchange between the secret information system and the Internet and other public information networks;

(3) Use non -secret computer、Non -secret storage equipment storage、Process state secret information;

(4) Uninstalled、Modify the security technical program for the secret information system、Management procedure;

(5) The secret computer -related computers that are not used by the security technology、Gift from secret storage equipment、Sell、Discard or change to other uses。

Article 25、The unit shall strengthen the management of the state secret carrier,No organization or individual may have the following behaviors:

(1) illegal acquisition and holding state secrets;

(2) Sale、Transfer or destroy the state secrets of the state;

(3) Through ordinary postal、Express and other channels without confidential measures convey the state secret carrier;

(4) Mailing and consignment of state secret carrier leaves out of the country;

(5) Without approval of the relevant authorities,Care、Passing the state secret carrier out of the country。

Article 26 prohibits illegal copying、Record、Storage State Secret。

It is forbidden to convey state secrets in the cable and wireless communication that is not taken in the Internet and other public information networks or has not taken confidentiality measures。

It is forbidden to involve state secrets in private communication and communication.

Article 27 Newspapers、Book、Audiovisual Products、Edit of electronic publications、Published、Print、Issuing,Broadcast show、TV show、Making and playback of movies,Internet、Information network editing of public information networks such as mobile communication networks and other media、Published,It should abide by the relevant confidentiality regulations。

Article 28 of the Internet and other public information network operators、Service providers should cooperate with the public security organs、National Security Organ、The procuratorial organs investigated the leakage cases; it was found that the use of information published by the Internet and other public information networks involved the leakage of state secrets,Should stop transmission immediately,Save the relevant records,To the public sky bet games online security organs、State security organs or confidential administrative departments;、The requirements of the national security organs or confidential administrative departments,Delete information involved in leaking state secrets。

Article 29、The unit publicly publishes information and projects involving state secrets、Cargo、When the service is purchased,,It should abide by the confidentiality regulations。

Article 30、Units need to provide national secret matters in foreign exchanges and cooperation,or appointment、Foreign personnel hired to know national secrets because of work,It should be reported to the relevant competent authorities or provinces of the State Council、Autonomous Region、Approval of relevant competent departments of the people's government of the municipality directly under the Central Government,and sign a confidentiality agreement with the other party。

Article 31 Organizing a meeting or other activities involving national secrets,The organizer shall take confidentiality measures,Confidential education for participants,Put forward specific confidential requirements。

Article 32、The unit shall involve the dense level or more confidential level、The secret institution of the secret state secrets is determined to be the key department of confidentiality,It will be concentrated、Storage、Special places for kept the state secret carrier of the state are determined to be a key point of confidentiality,Equipment in accordance with national confidentiality regulations and standards、Use the necessary technical protection facilities、Equipment。

Article 33 of the military restricted area and other places that are not open to the outside world、location,Key measures should be taken,Not approved by the relevant department,Do not decide to open or expand the scope of openness。

Article 34: Engaged in the State Secret Carrying System、Copy、Repair、Destruction,Integrated secret information system,or weapons and equipment scientific research and production, etc. involving state -secret businesses,It should be reviewed by confidentiality,Specific measures shall be stipulated by the State Council。

Organ、The unit entrusts enterprise institutions to engage in the business specified in the preceding paragraph,shall sign the confidentiality agreement with it,Proposal for confidentiality,Take confidentiality measures。

Article 35 Personnel who work in secret positions (hereinafter referred to as Sky Bet app confidential personnel),Divided into core secret personnel according to the degree of secrets、Important confidential personnel and general secret -related personnel,Classified management。

Appointment、Employed person -related personnel shall be reviewed in accordance with relevant regulations。

Secret personnel should have good political quality and line,Has the work ability required by the tight -related positions。

The legitimate rights and interests of Sky Bet app confidential personnel are protected by law.

Article 36: Secret personnel shall go through confidential education and training,Master the confidential knowledge skills,Sign a confidential commitment letter,Strictly abide by the confidentiality rules and regulations,Do not leak state secrets in any way。

Article 37 The departure of Sky Bet app confidential personnel shall be approved by the relevant departments,Relevant agencies believe that the departure of confidential personnel will cause harm to national security or cause significant losses to national interests,Do not approve the exit。

Article 38 of the Secrets -related personnel departure and resignation implementation。Sky Bet app confidential personnel are within the disconnection period,The confidentiality obligations shall be fulfilled in accordance with regulations,Do not violate regulations for employment,Do not leak state secrets in any way。

Article 39、The unit shall establish and improve the management system of secret -related personnel,Determine the rights of secret -related personnel、Job responsibility and requirements,Regular supervision and inspection of Sky Bet app confidential personnel performing duties。

Article 40: When a state staff or other citizens find that the state secrets have been leaked or may be leaked,Remedial measures should be taken immediately and reported in a timely manner、Unit。Organ、After the unit receives the report,It should be processed immediately,Report to the Secure Administrative Department in time。

Chapter 4 Supervision and Management

Article 41: National Security Administrative Department in accordance with the law、Regulations on administrative regulations,Formulate confidentiality regulations and national confidentiality standards。

Article 42: The Secret Administrative Department organizes a confidentiality publicity and education in accordance with the law、Confidential inspection、Investigation and punishment of confidential technology protection and leakage cases,For the agency、The confidential work of the unit is guided and supervised。

Article 43 The Secret Administrative Department found that the state secrets are determined、Change or remove improperly,shall promptly notify the relevant authorities、The unit is corrected。

Article 44: The Secret Administrative Department of the Security Administration、The unit follows the situation of the confidential system for inspection,Relevant agencies、The unit should cooperate。Confidential administrative management department discovered agency、There is a hidden danger of leakage in the unit,It should be required to take measures,Rectification within a time limit; facilities that have hidden dangers of leaks、Equipment、Place,It should be ordered to stop using it;,It should be recommended to be recommended、The unit is given and transferred away from the secret positions;,It should be urged、Guide to relevant agencies、The unit conducts investigation and processing。Suspected crimes,Transfer to judicial organs for processing。

Article 45 illegal acquisition found in the confidential inspection、The national secret carrier held,It should be collected。

Article 46 Organization of suspected leakage of state secret cases,You need to identify whether the relevant matters belong to the state secrets and what kind of secret level belongs to,by the national confidential administrative department or province、Autonomous Region、Notes of the Security Administrative Department of the Municipality directly under the Central Government。

Article 47、The unit shall be punished for those who violate the confidentiality regulations,Confidential administrative department shall recommend correction,Right to refuse to correct,Please ask the higher -level organs or the supervisory authority to use the agency、The responsible leaders and direct responsible persons of the unit will deal with it in accordance with the law。

Chapter 5 Legal Responsibility

Article 48 violates the provisions of this Law,There is one of the following behaviors,Give a punishment according to law; constitute a crime,Criminal responsibility in accordance with the law:

(1) illegal acquisition and holding state secret carriers;

(2) Sale、Transfer or destroy the state secret carrier privately;

(3) Through ordinary postal、Express and other channels without confidential measures convey state secret carriers;

(4) mail、The secret carrier of the consignment country is exit,or approved without the relevant authority,Care、Passing the state secret carrier out of the country;

(V) illegal replication, recording, and storage of state secrets;

(6) It involves state secrets in private communication and communication;

(7) Passing state secrets in the cable and wireless communication that has not taken confidentiality measures in the Internet and other public information networks;

(8) The secret computer -related computer、Secret storage equipment access to the Internet and other public information networks;

(9) Without protection measures,Information exchange between the secret information system and the Internet and other public information networks;

(10) Use non -secret computer、Non -secret storage equipment storage、Treatment of national secret information;

(11) Uninstalled、Modify the security technical program for the secret information system、Management procedure;

(12) The secret computer -related computer that has not been treated without security technology、Gift from secret storage equipment、Sell、Discard or change to other uses。

The previous behavior does not constitute a crime,Persons who are not suitable for punishment,Urges it by the Secret Administrative Department、The unit is dealt with。

Article 49、The unit violates the provisions of this Law,A major leakage case,from the relevant authorities、The unit is punished to punish the directors and other directly responsible persons in accordance with the law;,Urges its competent authorities to deal with the confidential administrative department to deal with。

Organ、The unit violates the provisions of this Law,Corresponding matters that are dense,or confidential matters that should not be fixed,Caused serious consequences,from the relevant authorities、The unit gives punishment to the directors and other directly responsible personnel who are directly responsible in accordance with the law。

Fifty Internet and other public information network operators、Service providers violate the provisions stipulated in Article 28 of the Law,from public security organs or national security organs、The competent department of the information industry is punished in accordance with their respective responsibilities。

Article 51 Staff of the Security Administrative Management Department abuses power in fulfilling the responsibilities of confidential management、Attention、徇 徇,Give a punishment according to law; constitute a crime,Criminal liability for investigation in accordance with the law。

Chapter 6 Attachment

Article 52 The Central Military Commission formulates the Regulations on the Confidentiality of the People's Liberation Army in accordance with this Law。

Article 53 This Law will be implemented from October 1, 2010。

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