September 16, 2020 Wednesday

Full text of the Regulations for the Implementation of the Law of the People's Republic of China on Guarding State Secrets

Information source: Confidential view wechat public account Release time: 2024-07-26
Decree of The State Council of the People's Republic of China 

第786号

The Regulations on the Implementation of the Law on Guarding State Secrets of the People's Republic of China, revised and adopted at the 35th Executive Meeting of The State Council on June 26, 2024, are hereby promulgated and shall come into force as of September 1, 2024。



Premier Li Qiang
July 10, 2024


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

(Promulgated by Decree No. 646 of The State Council of the People's Republic of China on January 17, 2014 and amended by Decree No. 786 of The State Council of the People's Republic of China on July 10, 2024)

Chapter I General provisions

  Article one These Regulations are formulated in accordance with the provisions of the Law of the People's Republic of China on Guarding State Secrets (hereinafter referred to as the Secrecy Law)。

  Article 2 Uphold and strengthen the leadership of the Communist Party of China over the protection of state secrets (hereinafter referred to as secrecy)。

  The central leading body for secrecy work leads the national security work, and is responsible for the top-level design, overall coordination, overall promotion and supervision of the national security work。

  Local leading agencies for confidentiality work at all levels shall lead the confidentiality work in their respective regions, implement the Party and state strategies and major policies and measures for confidentiality work in accordance with the unified deployment of the central leading agency for confidentiality work, coordinate major confidentiality matters and important work, and urge the strict implementation of confidentiality laws and regulations。

  Article 3 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, under the guidance of the confidentiality administrative departments at higher levels, be in charge of the confidentiality work in their respective administrative areas。

  Article 4 The central state organ shall, within the scope of its functions and powers, administer or guide the confidentiality work of its own system, supervise the implementation of laws and regulations on confidentiality, and may, in the light of the actual situation, formulate or jointly with the relevant departments relevant to the work of confidentiality provisions。

  Article 5 State organs and units involving state secrets (hereinafter referred to as organs and units) may not identify matters that should be disclosed according to law as state secrets, and may not disclose information involving state secrets。

  Article 6 The organs and units shall implement the confidentiality responsibility system and assume the main responsibility for the confidentiality work of their own organs and units。The principal person in charge of the organ or unit shall bear the overall responsibility for the confidentiality work of the organ or unit, the person in charge of the confidentiality work and the person in charge of the business work shall bear the leadership responsibility for the confidentiality work within the scope of their duties, and the staff shall bear the direct responsibility for the confidentiality work of their own post。

  State organs and units shall strengthen the construction of security work forces, the central state organs shall set up security work organs, with full-time security cadres, other organs and units shall set up security work organs or designate personnel to be responsible for security work according to the needs of security work。

  Organs, units and their staff to fulfill the confidentiality work responsibility system shall be included in the annual evaluation and assessment content。

  Article 7 People's governments at or above the county level shall strengthen the construction of confidential infrastructure and the equipment of key confidential scientific and technological products。

  The security administrative department at or above the provincial level shall promote the independent innovation of security science and technology, promote the research and development of key security science and technology products, encourage and support the research and application of security science and technology。

  Article VIII The funds required by the confidentiality administrative department to perform its duties shall be included in the budget at the corresponding level。The funds required by the organ or unit to carry out the confidentiality work shall be included in the annual budget or annual revenue and expenditure plan of the organ or unit。

  The ninth article The confidentiality administrative department shall organize regular confidentiality publicity and education。The competent department of cadre education and training shall, in conjunction with the confidentiality administrative department, perform the duties of cadre confidentiality education and training。Cadre education and training institutions shall incorporate confidential education into the teaching system。The administrative department of education shall promote the incorporation of confidential education into the national education system。The publicity department shall guide and encourage the mass media to give full play to their role, popularize the knowledge of confidentiality, publicize the rule of law of confidentiality, and promote the whole society to enhance the awareness of confidentiality。

  The organs and units shall regularly conduct education and training on the fine traditions of confidentiality work, confidentiality situation tasks, confidentiality laws and regulations, confidentiality technology prevention, and confidentiality violation case warnings for their staff。

  Article ten The confidentiality administrative department shall, in accordance with the relevant provisions of the State, improve the incentive and guarantee mechanism, strengthen the construction of specialized personnel, professional training and equipment, and enhance the professional ability and level of confidentiality work。The administrative department of education shall strengthen the guidance and support for the construction of confidentiality related disciplines。

  Article 11 Organizations and individuals with any of the following performance shall be commended and rewarded in accordance with the relevant provisions of the State:

  (1) protecting the security of state secrets under critical circumstances;

  (2) Making outstanding contributions to safeguarding the security of state secrets in major secret-related activities;

  (3) Having made significant or outstanding achievements in confidential scientific and technological research and development;

  (4) promptly reporting acts of leaking or illegally obtaining or holding state secrets;

  (5) discovering that another person has disclosed or is likely to disclose state secrets, and immediately taking remedial measures to avoid or mitigate the harmful consequences;

  (6) performing outstanding work in secret-related posts such as confidentiality management, being loyal to their duties and strictly guarding state secrets;

  (7) Other persons who have made outstanding contributions to the work of guarding and protecting state secrets。

  Chapter II The scope and classification of State secrets

  Article 12 The specific scope of state secrets and their classification (hereinafter referred to as the scope of confidentiality matters) shall clearly specify the name, classification, confidentiality period, scope of knowledge and generation level of the specific matters of the state secret。

  The scope of confidentiality matters shall be adjusted in a timely manner in light of changing circumstances。The formulation and revision of the scope of confidentiality matters shall be fully demonstrated, and the opinions of relevant organs, units and experts in relevant industries and fields shall be heard。

  Article 13 Organs and units with the authority to determine secrets shall, in accordance with the scope of confidentiality matters in their respective industries, fields and related industries and fields, formulate a list of state secrets and submit it to the confidentiality administrative department at the same level for the record。The list of state secrets shall be amended in a timely manner in accordance with the scope of confidentiality matters。

  Article 14 The principal person in charge of the organ or unit shall be the person in charge of the organ or unit as prescribed by law. According to the needs of the work, the person in charge of the organ or unit, the person in charge of the internal organization or other personnel may be designated as the person in charge of the organ or unit。

  The person in charge and the undertakers shall receive confidential training, be familiar with the duties and scope of confidential matters, and master confidential procedures and methods。

  Article 15 The person responsible for determining secrets shall, within the scope of his duties, undertake the work of determining, changing and dissolving state secrets, and guide and supervise the work of determining secrets within the scope of his duties。Specific responsibilities are:

  (1) To examine and approve the classification, confidentiality period and scope of knowledge of State secrets formulated by the undertaor;

  (2) To examine the state secrets determined by the relevant authorities or units within the period of confidentiality, and make a decision on whether to change or terminate them;

  (3) To participate in the formulation and revision of the list of state secrets of its own organ or unit;

  (4) First formulate the classification, confidentiality period and scope of knowledge of matters that are not clear whether they are state secrets or not, and report them to the confidentiality administrative department for determination in accordance with the prescribed procedures。

  Article 16 The central state organ, the provincial organ and the municipal organ divided into districts may, on the basis of the need for confidentiality work or the application of the relevant organ or unit, grant authorization for confidentiality within the scope of authority and authorization prescribed by the State administrative department for confidentiality。

  Where authorization cannot be granted in accordance with the provisions of the preceding paragraph, the confidentiality administrative department at or above the provincial level may, according to the needs of the confidentiality work or the application of the relevant organ or unit, issue a confidential authorization。

  Authorization shall be made in writing。The authorized organ shall supervise the performance of the authorized organ or unit of the authorization。The authorized organ or unit may not reauthorize。

  The secret authorization issued by the central State organ, the provincial organ or the secrecy administrative department of the province, autonomous region or municipality directly under the Central government shall be reported to the State secrecy administrative department for the record;The confidentiality authorization issued by the municipal organ divided into districts shall be reported to the confidentiality administrative department of the province, autonomous region or municipality directly under the Central Government for the record。

  Article 17 The state organ or unit shall, at the same time when a state secret arises, have the undertaker-in accordance with the scope of the relevant confidentiality matters, formulate the classification, confidentiality period and scope of knowledge, report it to the person in charge of determining the confidentiality for examination and approval, and take appropriate confidentiality measures。

  For matters that should be classified but which the organ or unit does not have the authority to do so, the organ or unit shall first adopt confidentiality measures and, in accordance with legal procedures, report to the organ or unit at a higher level for determination;If there is no higher authority or unit, it shall be reported to the competent business department or the confidentiality administrative department with the authority to determine the confidentiality。

  Where state secrets are determined by state organs or units and the secret points can be clearly defined, they shall be determined and marked in accordance with the provisions on state secrecy。

  Article 18 Where an organ or unit executes a state secret matter determined by its superior or handles a state secret matter determined by another organ or unit, under any of the following circumstances, it shall determine the secret according to the classification, confidentiality period and scope of knowledge of the state secret matter it executes or handles:

  (1) those that are completely consistent with the identified state secrets;

  (2) involving the secret points of determined state secrets;

  (3) summarizing, editing, integrating and detailing the identified state secrets;

  (4) The original secret organs or units have clear requirements for the use of identified state secrets。

  Article 19 The state organ or unit shall, in accordance with the provisions of the scope of the confidentiality matters, determine a specific period of confidentiality or time for declassification of the state secret;If it cannot be determined, the conditions for decryption shall be determined。

  The period for keeping a state secret confidential shall be counted from the date indicated for promulgation;If it is not possible to indicate the date of issuance, the organ or unit determining the state secret shall notify the organ, unit or person within the scope of knowledge in writing, and the period of confidentiality shall be calculated from the date of notification。

  Article 20 State organs and units shall limit the scope of knowledge of state secrets in accordance with the law, and shall make records of persons who have knowledge of state secrets of classified level or above。

  Article 21 The carrier of state secrets and the equipment and products belonging to state secrets (hereinafter referred to as "secret goods") shall be marked with state secrets。State secrets shall be marked with the classification and confidentiality period。Where the classification or confidentiality period of a state secret is changed, the original symbol of the state secret shall be changed in a timely manner。

  If it is unable to mark a state secret, the organ or unit determining the state secret shall notify the organ, unit or person within the scope of its knowledge in writing。

  Article 22 If the state organ or unit determines that the state secret is in conformity with the relevant provisions of the Secrecy Law on dissolution or alteration, it shall promptly dissolve or alteration the state secret。

  Where an organ or unit considers that a state secret that does not belong to its own organ or unit complies with the relevant provisions of the Secrecy Law on dissolution or alteration, it may make suggestions to the organ or unit that originally intended to keep the secret or to the organ or unit at a higher level。

  Archives belonging to state secrets that have been transferred to state archives at all levels according to law shall be declassified and examined by the original secret organs or units in accordance with the relevant provisions of the State。

  Article 23 Where an organ or unit is abolished, merged or divided, the alteration or dissolution of state secrets determined by such organ or unit shall be the responsibility of the organ or unit that performs its functions;If there is no corresponding organ or unit, the higher organ or unit or the organ or unit designated by the confidentiality administrative department at the same level shall be responsible。

  Article 24 Where an organ or unit finds that the determination, alteration or dissolution of state secrets of its own organ or unit is improper, it shall make timely corrections;Where a higher organ or unit finds that the determination, alteration or dissolution of state secrets by a lower organ or unit is improper, it shall promptly notify the organ or unit to correct it, or it may directly correct it。

  Article 25 Organs and units that comply with the provisions of the Confidentiality Law but do not specify the scope of the confidentiality matters shall first formulate the classification, confidentiality period and scope of knowledge, take appropriate confidentiality measures, and report to the relevant departments for determination within 10 working days from the date of formulation。The matters designated as top secret and the confidential or secret matters designated by the central state organs shall be reported to the state department for secrecy administration for determination;Matters at the confidential or secret level formulated by other organs or units shall be reported to the confidentiality administrative department of the province, autonomous region or municipality directly under the Central Government for determination。

  Upon receiving the report, the confidentiality administrative department shall make a decision within 10 working days。The secrecy administrative department of the province, autonomous region and municipality directly under the Central Government shall also report the decision made to the State secrecy administrative department for the record in a timely manner。

  Article 26 Where the state organ or unit has different opinions on whether the determined state secret is a state secret or what classification it belongs to, it may raise an objection to the original secret organ or unit, and the original secret organ or unit shall make a decision。

  If the organ or unit fails to deal with the original secret organ or unit or still has objections to the decision made, the matter shall be handled in accordance with the following provisions:

  (1) The matters determined to be classified as top secret or classified as confidential or secret by the central State organ shall be reported to the state secrecy administrative department for determination;

  (2) Matters of confidential or secret level determined by other organs or units shall be reported to the confidentiality administrative department of the province, autonomous region or municipality directly under the Central Government for determination;If there is any objection to the decision made by the secrecy administrative department of the province, autonomous region or municipality directly under the Central Government, it may be reported to the State secrecy administrative department for confirmation。

  Before the original secret organ, unit or confidentiality administrative department makes a decision, the relevant matters shall take corresponding confidentiality measures according to the highest level of the proposed secret level。

  Chapter III Confidentiality system

  Article 27 The administration of carriers of state secrets shall comply with the following provisions:

  (1) The production of the carrier of state secrets shall be undertaken by the government organ, the unit or the unit that has obtained the qualification for the production and reproduction of the carrier of State secrets, and the production site and equipment shall comply with the provisions on State secrecy;

  (2) To carry out the formalities of inventory, numbering, registration and receipt of state secret carriers;

  (3) The carrier of state secrets shall be carried out through confidential transportation, confidential correspondence or other means that comply with the provisions of the State secrecy;

  (4) The reading and use of state secrets shall be carried out in places that comply with the provisions on State secrecy;

  (5) Copying the carrier of state secrets or extracting, quoting or compiling contents belonging to state secrets shall be submitted for approval in accordance with relevant regulations, and the classification, confidentiality period and scope of knowledge of the original shall not be changed without authorization. The copy shall be stamped by the copying authority or unit and shall be administered as the original;

  (6) The places, facilities and equipment for storing the carriers of State secrets shall comply with the provisions on state secrecy;

  (7) The maintenance of the carrier of state secrets shall be undertaken by the specialized and technical personnel of the organ or unit concerned。If maintenance by personnel of other units is really needed, it shall be supervised by the personnel of the organ or unit on the spot。If maintenance is really necessary outside the organ or unit, it shall comply with the provisions on state secrecy;

  (8) Carrying state secrets out of the country shall comply with the provisions of the State on secrecy, and adopt reliable security measures。Anyone who carries a carrier of state secrets out of China shall go through the examination and approval procedures in accordance with the provisions on State secrecy;

  (9) The removal and return of carriers of state secrets shall be handled in accordance with the requirements of the manufacturing and issuance organs and units。

  Article 28 The destruction of the carriers of state secrets shall comply with the provisions and standards of State secrecy and ensure that the destroyed state secret information cannot be restored。

  The destruction of carriers of state secrets shall go through the formalities of inventory, registration and examination and approval, and shall be sent to the working organ set up by the administrative department for secrecy or to a designated unit for destruction。Where state organs or units destroy a small number of carriers of state secrets on their own due to the needs of their work, they shall use destruction equipment and methods that meet the standards of State secrecy。

  Article 29 The management of top-secret state secret carriers shall also comply with the following provisions:

  (1) Designated persons shall be responsible for the receipt and delivery of top-secret state secret carriers;

  (2) The carrier of top-secret state secrets shall be accompanied by two or more people, and the packaging used shall comply with the provisions of State secrecy;

  (3) The reading and use of top-secret state secrets shall be carried out in designated places that comply with the provisions on State secrecy;

  (4) It is forbidden to copy, download, compile or extract top-secret documents and information, and if it is necessary for work, it shall obtain the consent of the original secret organ or unit or its superior organ;

  (5) It is prohibited to take the carrier of top-secret state secrets out of the country, and if the State provides otherwise, such provisions shall apply。

  Article 30 Organs and units shall, in accordance with the law, exercise control over the development, production, testing, transportation, use, preservation, maintenance and destruction of confidential products。

  Organs and units shall determine the classification and confidentiality period of confidential products in a timely manner, strictly control the contact scope of confidential products, and take security and confidentiality preventive measures for the places and parts where confidential products are placed。

  The development, production and maintenance of top-secret products shall be carried out in closed places that comply with the provisions of State secrecy, and special places shall be set up for storage and preservation。

  Where the parts, components, assemblies and other articles of confidential products involve state secrets, they shall be administered in accordance with the provisions on state secrecy。

  Article 31 Organs and units shall determine the key departments and positions of confidentiality according to law, report to the confidentiality administrative department at the same level for confirmation, and strictly manage confidentiality。

  Article 32 Classified information system is classified into top secret level, secret level and secret level according to the degree of classified information。The state organs and units shall determine the level of protection according to the highest level of information stored and processed by the classified information system, and take appropriate security and confidentiality protection measures in accordance with the requirements of classified protection。

  Article 33 The secret-related information system shall be tested and evaluated by an institution established or authorized by the State secret-related administrative department, and shall not be put into use until it passes the examination by the secret-related administrative department at or above the city level divided into districts。

  The assessment and examination of secret-related information systems by public security organs and state security organs shall be carried out in accordance with the relevant provisions formulated by the State secrecy administrative department jointly with the public security and State security departments under The State Council。

  Article 34 Organs and units shall strengthen the operation, maintenance and use management of information systems and information equipment,Designated specialized agencies or personnel responsible for operation and maintenance, security and confidentiality management and security audit,Building self-monitoring facilities for confidentiality in accordance with state confidentiality provisions,Conduct regular security and confidentiality checks and risk assessments,Cooperate with the security administrative department to investigate early warning incidents,Discover and handle security and confidentiality risks in a timely manner。

  Article 35 Organs and units shall, in accordance with the State confidentiality provisions, carry out at least one security and confidentiality risk assessment for top-secret information systems every year, and at least one security and confidentiality risk assessment for classified information systems and information systems below that level every two years。Where changes in the classification, scope of use and environment of the secret-related information systems of organs and units may lead to new security and confidentiality risks, corresponding protective measures shall be taken in accordance with the State confidentiality provisions and standards, and security and confidentiality risk assessment shall be carried out。

  The information equipment used in the classified information system shall be safe and reliable, and the wireless access to the classified information system shall comply with the provisions and standards of State security and password management。

  Where the secret-related information system is no longer in use, the relevant secret-related facilities and equipment shall be disposed of in accordance with the State secret-related provisions and standards, and the relevant secret-related administrative departments shall be filed in a timely manner。

  Article 36 The development, production, procurement and equipping of security products and technology and equipment for the protection of State secrets shall comply with the provisions and standards of the State on State secrets。

  The State encourages research and production units to adopt new technologies, new methods, new processes and other innovative security and confidential products and confidential technical equipment according to the needs of confidentiality work。

  Article 37 The research and production units shall provide continuous maintenance services for the security and confidential products and confidential technical equipment used to protect state secrets, establish mechanisms for discovering and dealing with loopholes and defects, and shall not install malicious programs in the security and confidential products and confidential technical equipment。

  A research and production unit may apply to an institution established or authorized by the State administrative department for the testing of security confidential products and confidential technical equipment. If the testing passes the test, the said institution shall issue a certificate of conformity。The security confidential products and confidential technical equipment produced by the research and production unit shall be consistent with the samples submitted for inspection。

  Article 38 The State secrecy administrative department shall organize the agencies established or authorized by it to carry out random inspection and reinspection of security secrecy products and technology and equipment used to protect state secrets,It is found that it does not comply with the provisions and standards of State secrecy,Rectification shall be ordered;There are major defects or potential leaks,Shall be ordered to stop sales, recall products and other remedial measures,Relevant units shall cooperate。

  Article 39 Network operators shall abide by confidentiality laws and regulations and the relevant provisions of the State, establish a complaint, report, discovery and disposal system for confidentiality violations, improve the working mechanism for acceptance and handling, and formulate emergency plans for disclosure。When a leak occurs, the network operator shall immediately initiate an emergency plan, take remedial measures, and report to the confidentiality administrative department or the public security organ or the state security organ。

  Article 40 Network operators shall cooperate with the investigation of confidentiality violations and the investigation of early warning events carried out by the confidentiality administrative department in accordance with the law。

  In the performance of confidentiality supervision and management duties, security administrative departments at or above the provincial level, found that there is a large hidden danger of leakage in the network or a leak incident, can in accordance with the prescribed authority and procedures of the network operator's legal representative or the main person in charge of the interview, urge them to timely rectification, eliminate hidden dangers。

  Article 41 State organs and units shall strengthen the administration of Internet use confidentiality。The use of intelligent terminal products by the functionaries of state organs and units shall comply with the provisions on State secrecy, and shall not use non-secret-related information systems or information equipment to store, process or transmit state secrets in violation of the relevant provisions。

  Article 42 Organs and units shall improve the working mechanism for the review of information disclosure and confidentiality, clarify the review bodies, standardize the review procedures, and, in accordance with the principle of review first and disclosure later, conduct a confidential review of the information to be disclosed one by one。

  Article 43 The state organs and units shall bear the responsibility for the security protection of classified data, and the processing activities such as the collection, storage, use, processing, transmission and provision of classified data shall comply with the State confidentiality provisions。

  Confidentiality administrative departments at or above the provincial level shall, together with relevant departments, establish a security and confidentiality prevention and control mechanism such as dynamic monitoring and comprehensive evaluation, guide organs and units to implement security and confidentiality prevention and control measures, and prevent the risk of leakage caused by data aggregation and correlation。

  Organs and units shall strengthen the security management of data belonging to state secrets after aggregation and association in accordance with the law, and implement security and secrecy prevention and control measures。

  Article 44 Where state organs or units provide state secrets to overseas or overseas organizations or institutions established in China, or appoint or employ overseas personnel to know state secrets because of work needs, they shall handle the matter in accordance with the provisions on state secrecy, conduct review and evaluation, sign confidentiality agreements, and urge the implementation of confidentiality management requirements。

  Article 45 Where state secrets are involved in the holding of a conference or other activity, the host unit shall take the following security measures, and the hosting and participating units and personnel shall cooperate:

  (1) Determine the level of confidentiality according to the content of the meeting or activity, formulate a confidentiality plan, and limit the scope of participants and staff;

  (2) Use sites, facilities and equipment that comply with the provisions and standards of the State on security, and take necessary measures to protect security technologies;

  (3) Administering carriers of state secrets in accordance with the provisions on State secrecy;

  (4) Conduct identity verification and confidentiality education for participants and staff, and put forward specific confidentiality requirements;

  (5) Other measures required by confidentiality laws and regulations and state confidentiality provisions。

  Where state secrets are involved in meetings or other activities held through television, telephone, Internet or other means, the relevant State standards for confidentiality shall also be met。

  Article 46 The confidentiality administrative department and other competent departments shall strengthen the guidance and supervision of the confidentiality management of the surrounding areas of classified military facilities and other important secret-related units, establish a coordination mechanism, strengthen military-civilian cooperation, organize and urge rectification, and relevant organs and units shall cooperate to promptly discover and eliminate security and confidentiality risks and hidden dangers。

  Article 47 Enterprises and institutions engaged in business involving state secrets (hereinafter referred to as secret-related business) shall meet the following conditions:

  (1) Legal persons lawfully established within the territory of the People's Republic of China for more than one year, if the State provides otherwise, such provisions shall apply;

  (2) No criminal record, no leak case in the past 1 year;

  (3) Personnel engaged in secret-related business have the nationality of the People's Republic of China, and if the State provides otherwise, its provisions shall prevail;

  (4) the confidentiality system is perfect, and there are special agencies or personnel responsible for confidentiality work;

  (5) The sites, facilities and equipment used for secret-related business comply with the provisions and standards of the State on secrecy;

  (6) Having the professional ability to engage in secret-related business;

  (7) Other conditions required by confidentiality laws and regulations and state confidentiality provisions。

  Article 48 Enterprises and institutions engaged in the production, reproduction, maintenance and destruction of state secrets carriers, the integration of classified information systems, the scientific research and production of weapons and equipment, or the construction of classified military facilities, shall be subject to confidentiality examination by the confidentiality administrative department alone or jointly with the relevant departments to obtain confidentiality qualifications。

  An enterprise or institution that has obtained the confidentiality qualification shall not engage in the following acts:

  (A) beyond the scope of confidentiality qualification business to undertake other business requiring confidentiality qualification;

  (2) Altering, selling, renting or lending confidential qualification certificates;

  (3) subcontracting secret-related business to other units or to units without corresponding confidentiality qualifications;

  (4) Other acts in violation of confidentiality laws and regulations and state confidentiality provisions。

  An enterprise or institution that has obtained the confidentiality qualification shall implement the annual self-inspection system, and shall annually submit the self-inspection report of the previous year to the confidentiality administrative department that makes the decision to grant the administrative license。

  Article 49 State organs and units purchasing projects, goods and services involving state secrets, or entrusting enterprises and institutions to engage in secret-related business shall determine the classification of secrets in accordance with the provisions on State secrecy and comply with the provisions and standards on State secrecy。Organs and units shall sign confidentiality agreements with relevant units and individuals, put forward confidentiality requirements, take confidentiality measures, and implement whole-process management。

  Where an organ or unit purchases or entrusts an enterprise or institution to engage in secret-related business as prescribed in the first paragraph of Article 48 of these Regulations, it shall verify the confidentiality qualification of the undertaking unit。Purchasing or entrusting enterprises and institutions to engage in other secret-related businesses shall verify the business capacity and confidentiality management capacity of the participating units。

  Government procurement supervision and administration departments and confidentiality administrative departments shall, in accordance with the law, strengthen the supervision and administration of procurement of projects, goods and services involving state secrets or other entrusted secret-related businesses。

  Article 50 Organs and units shall determine secret-related posts in accordance with the law, conduct confidential examination of the personnel proposed to be employed or hired to work in secret-related posts before taking up their posts, and confirm whether they have the conditions and ability to work in secret-related posts。Those who fail to pass the confidentiality examination shall not be appointed or employed to any post involving confidentiality。

  When the personnel department of the organ or unit is responsible for organizing the implementation of confidentiality review, the personnel who are intended to be employed or employed in secret-related posts shall truthfully provide relevant information;Where the cooperation of the original work and study units and the relevant departments and personnel of the residence is required, the relevant units, departments and personnel shall cooperate。When necessary, public security organs and state security organs shall assist in the examination upon application。

  The personnel department of the organ or unit shall organize regular review to ensure that secret-related personnel meet the requirements of secret-related posts。

  Article 51 Secret-related personnel shall abide by confidentiality laws and regulations and the confidentiality system of their own organs and units, strictly abide by confidentiality discipline, fulfill confidentiality commitments, accept confidentiality management, and may not disclose state secrets by any means。

  Article 52 The organ or unit shall organize the personnel department to be responsible for the confidentiality management of secret-related personnel in conjunction with the confidentiality work organization。The organ or unit working on confidentiality shall carry out regular supervision and inspection on the performance of confidentiality duties by secret-related personnel, and jointly organize the personnel department to strengthen confidentiality education and training。

  When secret-related personnel leave the country, the state organ or unit shall organize the personnel department and the confidentiality work organization to put forward opinions, and examine and approve the personnel and foreign affairs in accordance with the authority for examination and approval。Secret-related personnel leaving the country shall undergo confidential education and training, and promptly report the relevant situation abroad。

  Article 53 Secret-related personnel shall abide by relevant laws and regulations when they leave their posts;Before leaving your post, you should accept the confidential reminder talk and sign the letter of confidentiality commitment。Organs and units shall carry out confidentiality education reminders, remove carriers of state secrets and secret-related equipment, cancel access to secret-related information systems, and determine the period of deniability。The secret-related personnel shall abide by the provisions of the State on secrecy when employed or leaving the country during the period of separation。No secret-related personnel may use the state secrets they know to provide services or seek benefits for relevant organizations or individuals。

  Article 54 Where a secret-related person leaves office without authorization or seriously violates the State confidentiality provisions during the period of separation, the state organ or unit shall promptly report to the secret-related administrative department at the same level, and the secret-related administrative department shall, in conjunction with the relevant departments, take measures to deal with the situation according to law。

  Article 55 State organs and units shall establish and improve a system for protecting the rights and interests of secret-related personnel, and, in accordance with relevant state provisions, give corresponding treatment or compensation to personnel whose lawful rights and interests are affected or restricted due to the performance of confidentiality obligations。

  Chapter IV Supervision and administration

  Article 56 The organ or unit shall report the annual confidentiality work of the organ or unit to the confidentiality administrative department at the same level。The confidentiality administrative department at the lower level shall submit the annual confidentiality work of its administrative region to the confidentiality administrative department at the higher level。

  Article 57 The state establishes and improves a system of confidentiality standards。The state secrecy administrative department shall, in accordance with the provisions of laws and administrative regulations, formulate state secrecy standards;Relevant societies, associations and other social organizations may formulate group standards;Relevant enterprises may formulate corporate standards。

  Article 58 Organs and units shall conduct self-examination and self-assessment of their compliance with confidentiality laws and regulations and relevant systems。The confidentiality administrative department shall inspect the following situations according to law:

  (1) The implementation of the confidentiality responsibility system;

  (2) the construction of the confidentiality system;

  (3) Information on confidential publicity, education and training;

  (4) Confidentiality management of secret-related personnel;

  (5) the determination, alteration or dissolution of state secrets;

  (6) Management of carriers of state secrets;

  (7) Information system and information equipment confidentiality management;

  (8) Information on the security management of Internet use;

  (9) Management of secret-related sites and key departments and parts of confidentiality;

  (10) The procurement of projects, goods and services involving state secrets, or the management of secret-related business entrusted to enterprises and institutions;

  (11) Management of secret state meetings and activities;

  (12) Information disclosure and confidentiality review;

  (13) Other compliance with confidentiality laws, regulations and related systems。

  Article 59 The confidentiality administrative department shall abide by the relevant provisions and procedures of the State in carrying out confidentiality inspection and case investigation and handling in accordance with the law, consulting relevant materials, inquiring personnel and records, registering and preserving relevant facilities, equipment and documents, etc., and conducting confidentiality technical testing。

  The relevant organs, units and individuals shall cooperate with the confidentiality administrative departments in performing their duties according to law, truthfully report the situation, provide necessary information, and may not resort to fraud, conceal or destroy evidence, or evade or hinder the supervision and administration of confidentiality by other means。

  After the confidentiality administrative department carries out the confidentiality inspection, it shall issue inspection opinions, and for rectification, it shall clarify the content and time limit of rectification, and notify the inspection results within a certain range。

  Article 60 The confidentiality administrative department shall, in accordance with the law, promptly investigate and handle the clues and cases suspected of violating confidentiality laws or organize and urge the relevant organs and units to investigate and handle them;Where it is found that remedial measures need to be taken, the relevant organs, units and personnel shall be immediately ordered to stop the illegal acts and take effective remedial measures。After the conclusion of the investigation, if there is a violation of confidentiality laws and regulations, and responsibility needs to be investigated, the confidentiality administrative department shall make a decision on administrative punishment or put forward handling suggestions according to law;Where a crime is suspected, it shall be transferred to a supervisory or judicial organ for handling according to law。The relevant organs and units shall promptly inform the confidentiality administrative department at the same level of the handling results in writing。

  Article 61 Where an organ or unit finds that a state secret has been disclosed or may be disclosed, it shall immediately take remedial measures and report to the confidentiality administrative department at the same level and the competent department at a higher level within 24 hours。

  Where a local confidentiality administrative department at any level receives a leak report, it shall, within 24 hours, report it level by level to the State confidentiality administrative department。

  The confidentiality administrative department shall, in accordance with the law, accept citizens' reports on suspected confidential clues, and protect the legitimate rights and interests of the informants。

  Article 62 When the secrecy administrative department confiscates the carrier of state secrets illegally obtained or held, it shall make a registration and issue a list, ascertain the classification, quantity, source and scope of diffusion, and take appropriate security measures。

  The confidentiality administrative department may request the relevant departments of public security, market supervision and administration to assist in collecting the carriers of state secrets illegally obtained or held, and the relevant departments shall cooperate。

  Article 63 Local supervisory organs and judicial organs at all levels handling cases suspected of leaking information apply for state secrets and intelligence appraisal,To the confidentiality administrative department of the province, autonomous region or municipality directly under the Central Government;The central supervisory and judicial organs handling cases suspected of leaking secrets apply for state secrets and intelligence appraisal,To the state secrecy administrative department。

  State secrets and intelligence appraisal shall be conducted in accordance with the confidentiality laws and regulations and the scope of confidentiality matters。After accepting the application for appraisal, the confidentiality administrative department shall issue the appraisal conclusion within 30 days from the date of acceptance.If it cannot be issued on time, it may be extended for 30 days with the approval of the head of the confidentiality administrative department。Expert consultation and other time is not included in the appraisal processing period。

  Article 64 Security administrative departments at or above the municipal level with districts shall establish a monitoring and early warning system, analyze and judge the relevant situation of security work, be equipped with monitoring and early warning facilities and corresponding work forces, discover, identify and dispose of security risks and hidden dangers, and issue early warning notifications in a timely manner。

  Article 65 The confidentiality administrative department and other relevant departments shall strengthen coordination and cooperation in the confidentiality work and timely report the situation。

  Article 66 The confidentiality administrative department and its staff shall carry out their work in accordance with the functions and powers prescribed by law and procedures, strictly regulate, just and civilized law enforcement, and accept supervision according to law。

  Chapter V Legal liability

  Article 67 Where a case of disclosure occurs in violation of confidentiality laws and regulations by an organ or unit, under any of the following circumstances, the persons directly in charge and other persons directly responsible shall be given sanctions according to law according to the seriousness of the case;If the case constitutes a crime, criminal responsibility shall be investigated according to law:

  (1) Failure to implement the confidentiality responsibility system;

  (2) failing to determine, change or dissolve state secrets according to law;

  (3) failing to protect or manage secret-related sites as well as key departments and locations for confidentiality as required;

  (4) The secret-related information system has not been evaluated and reviewed in accordance with the provisions and has been put into use, and has not corrected after being ordered to rectify;

  (5) Disclosing state secrets without or without strict examination of security;

  (6) entrusting a unit that is not qualified to engage in secret-related business to engage in secret-related business;

  (7) violating the provisions on the administration of confidentiality of secret-related personnel;

  (8) Failure to report a leak case in accordance with regulations or failure to take remedial measures in a timely manner;

  (9) failing to perform security management responsibilities for classified data according to law;

  (10) Other situations of violating confidentiality laws and regulations。

  Where the circumstances mentioned in the preceding paragraph do not constitute a crime and sanctions are not applicable, the confidentiality administrative department shall urge its competent department to deal with them。

  Article 68 In the confidentiality inspection or confidentiality violation case investigation and handling,The relevant organs, units and their staff refused to cooperate,Resort to deception,Conceal and destroy evidence,Or evading or obstructing by other means the inspection of confidentiality or the investigation and handling of cases violating confidentiality,The persons directly in charge and other persons directly responsible shall be given sanctions according to law;Persons not subject to disciplinary action,The confidentiality administrative department shall urge its competent department to handle the matter。

  Where an enterprise or institution and its staff assist an organ or unit to evade or obstruct confidentiality inspection or the investigation and handling of a case violating confidentiality, the relevant competent department shall punish it according to law。

  Article 69 Network operators violate confidentiality laws and regulations,Under any of the following circumstances,The confidentiality administrative departments shall order rectification within a time limit in accordance with their respective responsibilities,Give a warning or circulate a notice of criticism;serious,Be fined not less than 50,000 yuan but not more than 500,000 yuan,The persons directly in charge and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 100,000 yuan:

  (1) Failure to take remedial measures according to law in the event of a leak;

  (2) failing to cooperate with the confidentiality administrative department to investigate illegal cases of confidentiality and investigate early warning events according to law。

  Article 70 Security products and technology and equipment used to protect state secrets do not comply with the provisions and standards of the State,Under any of the following circumstances,The confidentiality administrative department shall give a warning or circulate a notice of criticism to the research and production unit,Order the testing institution concerned to cancel the certificate of conformity;There are illegal gains,Confiscation of illegal gains:

  (1) The research and production unit refuses to make corrections or fails to comply with the provisions and standards of the State after making corrections;

  (2) security confidential products and confidential technical equipment have major defects or major disclosure risks;

  (3) causing the disclosure of state secrets;

  (4) Other acts that seriously endanger the security of state secrets。

  Article 71 Where an enterprise or institution engaged in secret-related business violates the laws and regulations on confidentiality and the provisions of the State on confidentiality, the confidentiality administrative department shall order it to make rectification within a time limit and give it a warning or a notice of criticism;If there are any illegal gains, the illegal gains shall be confiscated。

  An enterprise or institution that has obtained the confidentiality qualification shall, under any of the following circumstances, be concurrently suspended from secret-related business or reduce the qualification level:

  (A) beyond the scope of confidential qualification business to undertake other business required to obtain confidential qualification;

  (2) Failing to complete the rectification within the time limit required by the confidentiality administrative department or failing to comply with the confidentiality laws and regulations and the State confidentiality provisions after the rectification;

  (3) Other violations of confidentiality laws and regulations and state confidentiality provisions, there is a major hidden danger of disclosure。

  An enterprise or institution that has obtained the confidentiality qualification shall, in any of the following circumstances, be concurrently revoked its confidentiality qualification:

  (1) altering, selling, renting or lending confidential qualification certificates;

  (2) subcontracting secret-related business to other units or subcontracting to units without corresponding confidentiality qualifications;

  (3) failing to take immediate remedial measures or to report within the prescribed time limit after discovering that state secrets have been disclosed or may be disclosed;

  (4) refusing, evading or obstructing confidentiality inspection;

  (5) Undertaking new secret-related business during the suspension of secret-related business;

  (6) Failure to comply with confidentiality laws and regulations and state confidentiality provisions upon the expiration of the suspension of secret-related business;

  (7) where a major case of disclosure occurs;

  (8) Other acts that seriously violate confidentiality laws and regulations and state confidentiality provisions。

  Article 72 Where the confidentiality administrative department fails to perform its duties according to law, or abuses its power, neglects its duties, engages in malpractices for personal gains, the person directly in charge and other persons directly responsible shall be given sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

  Chapter VI Supplementary Provisions

  Article 73 The central state organ shall, in light of the actual work, formulate the specific scope of work secrets in its own industry and field and report it to the State administrative department for secrecy for the record。

  Organs and units shall strengthen the management of work secrets of their own organs and units, and take protective measures such as technical protection and self-supervision。If the violation of relevant regulations causes the disclosure of work secrets and the circumstances are serious, the directly responsible person in charge and other directly responsible persons shall be given sanctions according to law。

  Article 74 These Regulations shall come into force on September 1, 2024。


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