(1988 Year 9 month 5 Adopted at the third meeting of the Standing Committee of the Seventh National People's Congress on Japan
2010 Year 4 month29 Revised at the 14th meeting of the Standing Committee of the 11th National People’s Congress)
Chapter 1 General Provisions
Article 1 To protect state secrets,Maintain national security and interests,Ensure the smooth progress of reform, opening up and socialist construction,Enact this law。
Article 2: State secrets are related to national security and interests,Determined in accordance with legal procedures,Matters that are only known to a certain range of people within a certain period of time。
Article 3 State secrets are protected by law。 All state agencies、Armed Forces、Political Party、Social groups、Enterprises, institutions and citizens have the obligation to keep state secrets。 Any behavior that endangers national secret security,Everyone must be held accountable by law。
Article 4: Keeping state secrets (hereinafter referred to as confidentiality work),Implement active prevention、Highlight the key points、Principles of management according to law,Ensuring the security of national secrets,It also facilitates the rational use of information resources。 Law、Matters disclosed by administrative regulations,Should be disclosed in accordance with the law。
Article 5: The national secrecy administrative department is responsible for secrecy work nationwide。Local confidentiality administrative departments at or above the county level are responsible for the confidentiality work in their respective administrative regions。
Article 6 State agencies and units involving state secrets (hereinafter referred to as agencies、unit) manages the confidentiality work of this agency and this unit。 Central state agencies are within their scope of authority,Manage or guide the confidentiality of this system。
Article 7 Agencies、The unit should implement a confidentiality work responsibility system,Sound confidentiality management system,Improving confidentiality protection measures,Carry out confidentiality publicity and education,Strengthen confidentiality inspection。
Article 8: The state is conservative、Protect state secrets and improve confidentiality technology、Rewards will be given to units or individuals with outstanding achievements in measures and other aspects。
Chapter 2 Scope and Level of State Secrets
Article 9 The following matters involving national security and interests,Leakage may harm the country politically、Economy、National Defense、Security and interests in diplomacy and other fields,Should be determined as a state secret:
(1) Secret matters in major decisions on national affairs;
(2) Secret matters in national defense construction and armed forces activities;
(3) Secret matters in diplomacy and foreign affairs activities and secret matters that are subject to confidentiality obligations to the outside world;
(4) Secret matters in national economic and social development;
(5) Secret matters in science and technology;
(6) Secret matters in safeguarding national security activities and investigating criminal crimes;
(7) Other secret matters determined by the national confidentiality administrative department。
Confidential matters of political parties that comply with the provisions of the preceding paragraph,State secret。
Article 10: State secrets are classified as top secret、Confidential、Secret Level 3。
Top secret national secret is the most important national secret,Leakage will cause particularly serious damage to national security and interests;Confidential state secrets are important state secrets,Leakage will cause serious damage to national security and interests;Secret-level state secrets are general state secrets,Leakage will harm national security and interests。
Article 11 The specific scope of state secrets and their classification,By the national security administrative department in conjunction with the diplomatic affairs、Public Security、Provisions on national security and other relevant central authorities。
Military state secrets and the specific scope of their classification,Stipulated by the Central Military Commission。
Regulations on the specific scope of state secrets and their classification,Should be announced within the relevant scope,And make timely adjustments according to changes in circumstances。
Article 12 Agencies、The person in charge of the unit and his designated personnel are the persons responsible for confidentiality,Responsible for this agency、The national secret of this unit is determined、Changes and removals。 Organization、Unit confirmed、Change and cancel this organization、State secrets of this unit,The person in charge should put forward specific opinions,Reviewed and approved by the person responsible for classification。
Article 13 Determining the level of state secrets,Should abide by the secret rights。
Central state agency、Provincial agencies and their authorized agencies、The unit can determine the top secret level、Confidential and secret state secrets;m88 best betting websiteCity m88 online bettingdivided into districts、Autonomous prefecture-level agencies and their authorized agencies、Units can determine confidential and secret-level national secrets。Specific password permissions、The scope of authorization shall be stipulated by the national confidentiality administrative department。
Organization、The unit implements state secret matters determined by superiors,Requires confidentiality,Determined based on the confidentiality level of the state secret matters performed。Subordinate agency、The unit considers this organization、Relevant classified matters arising in this unit belong to the superior authority、Unit’s security authority,Confidentiality measures should be taken first,And immediately report to the higher authority、Unit confirmed;No superior authority、Unit,Should be immediately submitted to the competent business department or confidentiality administrative department with corresponding classification authority for determination。
Public Security、National security agencies determine the classification level of state secrets within their scope of work and in accordance with their prescribed authority。
Article 14 Agencies、State secret matters generated by the unit,The classification level should be determined in accordance with the provisions of the specific scope of state secrets and their classification levels,Determine the confidentiality period and scope of knowledge at the same time。
Article 15 Secrecy Period of State Secrets,Should be based on the nature and characteristics of the matter,In accordance with the needs of safeguarding national security and interests,Limited to the necessary period;The deadline cannot be determined,The conditions for decryption should be determined。
Confidentiality period of state secrets,Unless otherwise specified,Top secret level shall not exceed thirty years,Secret level no more than twenty years,Secret level no more than ten years。
Organization、The unit should be based on work needs,Determine the specific confidentiality period、Decryption time or decryption conditions。
Organization、The unit determines the matters that need to be kept confidential during the process of deciding and handling relevant matters,Decide on disclosure based on work needs,It will be deemed declassified when officially announced。
Article 16 Scope of knowledge of state secrets,Should be limited to the minimum scope according to work needs。
The scope of knowledge of state secrets can be limited to specific personnel,Limited to specific persons;Cannot be limited to specific persons,Limited to agencies、Unit,由Organization、The unit is limited to specific personnel。
Persons outside the scope of knowledge of state secrets,Those who need to know state secrets due to work,Should go through the agency、Approved by the person in charge of the unit。
Article 17 Agencies、The unit is responsible for the paper media carrying state secrets、Optical medium、Electromagnetic media and other carriers (hereinafter referred to as state secret carriers) and equipment belonging to state secrets、Product,State secret signs should be made。
Not a state secret,State secret signs should not be made。
Article 18 Classification of State Secrets、Confidentiality period and scope of knowledge,Should be changed in a timely manner according to changes in circumstances。National secret level、Changes in confidentiality period and scope of knowledge,By the original secret agency、Decided by the unit,It can also be decided by its superior authority。
National secret level、Changes in confidentiality period and scope of knowledge,The agencies within the scope of knowledge shall be notified in writing in a timely manner、Unit or person。
Article 19 The confidentiality period of state secrets has expired,Decrypt by yourself。
Organization、Units should regularly review the identified state secrets。Things that are no longer classified as state secrets due to the adjustment of the scope of confidentiality within the confidentiality period,Or it will not harm national security and interests if made public,No need to continue to keep it confidential,Should be decrypted in time;For those who need to extend the confidentiality period,The confidentiality period should be re-determined before the original confidentiality period expires。Decrypt in advance or extend the confidentiality period,By the original secret agency、Decided by the unit,It can also be decided by its superior authority。
Article 20 Agencies、The unit is unclear or controversial about whether it is a state secret or what level of classification it belongs to,By the national confidentiality administrative department or the province、Autonomous Region、Confirmed by the municipal confidentiality administrative department。
Chapter 3 Confidentiality System
Article 21 Production of State Secret Carriers、Send and receive、Delivery、Use、Copy、Save、Repair and Destroy,Should comply with national confidentiality regulations。
Top-secret state secret carriers should be in facilities that meet national confidentiality standards、Save in device,And designate a dedicated person to manage it;Not originally classified by the secret agency、Approved by the unit or its superior authority,No copying or excerpting;Send and receive、Delivery and carryout,A person should be designated to be responsible,And take necessary safety measures。
Article 22 Equipment belonging to state secrets、Product development、Production、Transportation、Use、Save、Repair and Destroy,Should comply with national confidentiality regulations。
Article 23 Storage、Computer information systems that handle state secrets (hereinafter referred to m88 best betting websiteas classified information m88 live casino and sports bettingsystems) are subject to hierarchical protection according to the degree of confidentiality。 Confidential information systems should be equipped with confidentiality facilities in accordance with national confidentiality standards、Equipment。Secret facility、Equipment should be planned simultaneously with classified information systems,Synchronized construction,Synchronized operation。 Confidential information systems should be in accordance with regulations,After passing the inspection,before it can be put into use。
Article 24 Agencies、Units should strengthen the management of confidential information systems,No organization or individual shall engage in the following acts:
(1) Confidential computers、Confidential storage devices are connected to the Internet and other public information networks;
(2) Without taking protective measures,Exchange information between classified information systems and the Internet and other public information networks;
(3) Using non-confidential computers、Non-confidential storage device storage、Processing state secret information;
(4) Uninstalling without authorization、Modify the security technical procedures of confidential information systems、Management Program;
(5) Exiting confidential computers that have not been processed by security technology、Gift of confidential storage equipment、For Sale、Discard or repurpose it for other purposes。
Article 25 Agencies、Units should strengthen the management of state secret carriers,No organization or individual shall engage in the following acts:
(1) Illegal acquisition and possession of state secret carriers;
(2) Buying and selling、Transfer or privately destroy state secret carriers;
(3) By ordinary post、Express delivery and other channels without confidentiality measures deliver state secret carriers;
(4) Mailing and consigning state secret carriers out of the country;
(5) Without approval from relevant competent authorities,Carry、Conveying state secret carriers out of the country。
Article 26 Illegal copying is prohibited、Record、Storing state secrets。
It is prohibited to transmit state m88 live casino and sports bettingsecrets on the Internet and other public information networks or wired and wireless communications without confidentiality measures。
It is prohibited to involve state secrets m88 best betting websitein private interactions and communications.
Article 27 Newspapers、Book、Audio and video products、Editor of electronic publications、Published、Print、Issue,Radio program、TV show、Production and broadcast of movies,Internet、Information editor for public information networks such as mobile communication networks and other media、Release,Should abide by relevant confidentiality regulations。
Article 28 Internet and other public information network operators、Service providers should cooperate with the public security organs、National security agency、Procuratorate investigates leak case;It was discovered that the information released using the Internet and other public information networks involved leaking state secrets,Transmission should be stopped immediately,Save relevant records,To the public security organ、Report from the national security agency or confidentiality administrative department;Should be based on the public security organs、Requirements from national security agencies or confidentiality administrative departments,Delete information involving the disclosure of state secrets。
Article 29 Agencies、The unit publicly releases information and projects involving state secrets、Goods、When services are purchased,Should abide by confidentiality regulations。
Article 30 Agencies、The unit needs to provide state secrets in its foreign exchanges and cooperation,Or appoint、Hired overseas personnel who need to know state secrets due to work,Should be reported to the relevant competent authorities of the State Council or the province、Autonomous Region、Approved by the relevant competent departments of the Municipal People’s Government,And sign a confidentiality agreement with the other party。
Article 31 Holding meetings or other activities involving state secrets,The organizer shall take confidentiality measures,And provide confidentiality education to participants,Make specific confidentiality request。
Article 32 Agencies、The unit should involve top secret level or more confidential levels、Secret-level national secret agencies are identified as key confidentiality departments,Production will be centralized、Storage、Specialized places for storing state secret carriers are designated as key parts of confidentiality,Equipped in accordance with national confidentiality regulations and standards、Use necessary technical protective facilities、Equipment。
Article 33 Military restricted areas and other places that are state secrets and are not open to the public、Part,Confidentiality measures should be taken,Not approved by relevant departments,Do not decide to open to the outside world or expand the scope of opening without authorization。
Article 34 Engaging in the production of state secret carriers、Copy、Repair、Destroy,Confidential information system integration,Or enterprises and institutions involving the scientific research and production of weapons and equipment and other business involving state secrets,Should undergo confidentiality review,Specific measures shall be stipulated by the State Council。
Organization、The unit entrusts enterprises and institutions to engage m88 online bettingin the business specified m88 live casino and sports bettingin the preceding paragraph,Should sign a confidentiality agreement with them,Request confidentiality,Take confidentiality measures。
Article 35 Personnel working in confidential positions (hereinafter referred to as confidential personnel),Divided into core confidential personnel according to the degree of confidentiality、Important confidential personnel and general confidential personnel,Implement classified management。
appointment、The employment of confidential personnel shall be reviewed in accordance with relevant regulations。
Secret personnel should have good political qualities and conduct,Have the working ability required for confidential positions。
The legitimate rights and interests of confidential personnel are protected by law.
Article 36: Secret personnel shall undergo confidentiality education and training before taking up their posts,Master confidentiality knowledge and skills,Sign the confidentiality commitment letter,Strictly abide by confidentiality rules and regulations,No state secrets shall be disclosed in any way。
Article 37: Confidential personnel leaving the country must obtain approval from relevant departments,Relevant authorities believe that the departure of confidential personnel will cause harm to national security or cause significant losses to national interests,Not allowed to leave the country。
Article 38: Classification-related personnel shall be subject to declassification period management when they leave their posts。Confidential personnel are in the declassification period,Should perform confidentiality obligations in accordance with regulations,No employment in violation of regulations,No state secrets shall be disclosed in any way。
Article 39 Agencies、The unit should establish and improve the management system for confidential personnel,Clear the rights of confidential personnel、Job responsibilities and requirements,Carry out regular supervision and inspection on the performance of duties by confidential personnel。
Article 40 When state functionaries or other citizens discover that state secrets have been leaked or may be leaked,Remedial measures should be taken immediately and reported to relevant authorities in a timely manner、Unit。Organization、After the unit receives the report,Should be dealt with immediately,And report to the confidential administrative department in a timely manner。
Chapter 4 Supervision and Management
Article 41: The state secrecy administrative department shall comply with the law、Provisions of administrative regulations,Develop confidentiality regulations and national confidentiality standards。
Article 42 The confidentiality administrative department shall organize and carry out confidentiality publicity and education in accordance with the law、Confidentiality Check、Confidential technology protection and investigation and handling of leak cases,对Organization、Guide and supervise the confidentiality work of the unit。
Article 43: Determination of state secrets discovered by the confidentiality administrative department、Improper change or cancellation,Relevant authorities should be notified in a timely manner、The unit will correct it。
Article 44: Confidentiality administrative departments versus agencies、Inspect the unit’s compliance with the confidentiality system,Relevant agencies、The unit should cooperate。Confidentiality Administrative Department Discovery Agency、The unit is at risk of leaking secrets,They should be asked to take measures,Deadline rectification;For facilities with potential leakage、Equipment、Place,Should be ordered to stop using;For confidential personnel who seriously violate confidentiality regulations,Relevant agencies should be advised、The unit imposes sanctions and transfers from confidential positions;Discovered suspected of leaking state secrets,Should be urged、Guide relevant agencies、The unit conducts investigation and processing。Suspected of committing a crime,Transfer to judicial authorities。
Article 45: Illegal acquisitions discovered during confidentiality inspections by the confidentiality administrative department、State secret carrier held,Should be confiscated。
Article 46: Agencies handling cases suspected of leaking state secrets,Need to identify whether the relevant matters are state secrets and what level they belong to,By the national confidentiality administrative department or the province、Autonomous Region、Appraisal by the municipal confidentiality administrative department。
Article 47 Agencies、The unit fails to punish those who violate confidentiality regulations in accordance with the law,The confidentiality administration department should recommend corrections,For those who refuse to correct,Refer to the superior authority or supervisory authority to the authority、The responsible leaders and directly responsible personnel of the unit will be dealt with according to law。
Chapter 5 Legal Liability
Article 48 Violation of the provisions of this law,Have one of the following behaviors,Penalize according to law;Constituting a crime,Pursuing criminal responsibility according to law:
(1) Illegally obtaining and holding state secret carriers;
(2) Buying and selling、Transmitting or privately destroying state secret carriers;
(3) By ordinary post、Transmitting state secret carriers through express delivery and other channels without confidentiality measures;
(4) Mailing、Consignment of national secret carriers out of the country,Or without the approval of the relevant competent authorities,Carry、Transmitting state secret carriers out of the country;
(5) Illegally copying, recording, and storing state secrets;
(6) Involving state secrets m88 best betting websitein private interactions and communications;
(7) Transmitting state m88 live casino and sports bettingsecrets on the Internet and other public information networks or wired and wireless communications without confidentiality measures;
(8) Configuring confidential computers、Confidential storage devices connected to the Internet and other public information networks;
(9) Without taking protective measures,Exchanging information between confidential information systems and the Internet and other public information networks;
(10) Using non-confidential computers、Non-confidential storage device storage、Processing state secret information;
(11) Uninstalling without authorization、Modify the security technical procedures of confidential information systems、Manager's;
(12) Exiting confidential computers that have not been processed by security technology、Gift of confidential storage equipment、For Sale、Discarded or reused for other purposes。
The conduct in the preceding paragraph does not constitute a crime,Persons to whom punishment is not applicable,The confidentiality administrative department shall supervise the agency where it belongs、The unit will handle it。
Article 49 Agencies、The unit violates the provisions of this law,A major leak case,By relevant authorities、The unit shall punish the directly responsible person in charge and other directly responsible personnel in accordance with the law;Persons to whom sanctions are not applicable,The confidentiality administrative department shall urge its competent department to handle it。
Organization、The unit violates the provisions of this law,The matters that should be classified are not classified,Or classify matters that should not be classified,causing serious consequences,By relevant authorities、The unit shall punish the directly responsible person in charge and other directly responsible personnel in accordance with the law。
Article 50 Internet and other public information network operators、The service provider violates the provisions of Article 28 of this Law,By the public security agency or national security agency、The information industry authorities shall impose penalties in accordance with the law according to their respective division of responsibilities。
Article 51 Staff members of the confidentiality administrative department abuse their power in performing confidentiality management duties、Neglect of Duty、Practice for personal gain,Penalize according to law;Constituting a crime,Pursue criminal responsibility according to law。
Chapter 6 Supplementary Provisions
Article 52 The Central Military Commission shall formulate regulations on confidentiality of the Chinese People’s Liberation Army in accordance with this law。
Article 53 This Law is from2010Year10month1Effective from today.