Law of the People's Republic of China on Guarding State Secrets (Draft Revision)
Law of the People's Republic of China on Guarding State Secrets (Draft Revision)
Law of the People's Republic of China on Guarding State Secrets (Draft Revision)
June 27, 2009
Chapter I General Provisions
Article 1 This Law is formulated in order to guard state secrets, safeguard state security and national interests and ensure the smooth progress of reform, of opening-up to the outside world and of socialist construction.
Article 2 State secrets shall be matters that vitally relate to state security and national interests and are determined according to legal procedures, and are known to a limited number of people for a given period of time.
Article 3 All state organs, armed forces, political parties, social groups, enterprises, public institutions and citizens shall have the obligation to guard state secrets.
Article 4 The work of guarding state secrets shall follow the principles of active prevention, emphasis on priority and legal administration so as to ensure state secret safety and to facilitate reasonable use of information resources.
Article 5 The State secret-guarding administrative department shall be responsible for the guarding of state secrets throughout the country. The local secret-guarding administrative departments at or above the county level shall be responsible for secret-guarding within the administrative areas under their jurisdiction.
Article 6 State organs and units involving state secrets (hereinafter referred to as the "organs and units") shall administer the secret-guarding work within their own organs and units.
The central state organs shall, within the scope of their functions and powers, manage or guide the secret-guarding work in their own organs and their subordinate departments.
Article 7 Organs and units shall carry out secret-guarding responsibility system, improve secret-guarding administration system , perfect secret-guarding protection measures, carry out secret-guarding propaganda and education, and strengthen secret-guarding check.
Article 8 The state shall award units or individuals that have gained notable achievements in guarding and protecting state secrets and improving techniques and measures or other respects for secret-guarding.
Chapter II Scope and Confidential Categories of State Secrets
Article 9 State secrets shall include the following secret matters that comply with Article 2 hereof:
1. Secrets concerning major decisions on state affairs;
2. Secrets in the building of national defense and in the activities of the armed forces;
3. Secrets in diplomatic activities and in activities related to foreign countries as well as secrets to be maintained as commitments to foreign countries;
4. Secrets in national economic and social development;
5. Secrets concerning science and technology;
6. Secrets concerning activities for safeguarding state security and the investigation of criminal offences; and
7. Other matters which are determined as state secrets by the State secret-guarding administrative department.
Secrets of political parties in compliance with the provisions of Article 2 hereof shall be state secrets.
Article 10 State secrets shall be classified into three categories: top secret, confidential and secret.
The top secret state secrets refer to vital state secrets, the divulgence of which will cause extremely serious harm to state security and national interests; confidential state secrets refer to important state secrets, the divulgence of which will cause serious harm to state security and national interests; and secret state secrets refer to ordinary state secrets, the divulgence of which will cause harm to state security and national interests.
Article 11 The specific scope of state secrets and their categories shall be prescribed by the State secret-guarding administrative department together with the Ministries of Foreign Affairs, Public Security and State Security and other central organs concerned.
The specific scope of state secrets related to military affairs and their categories shall be stipulated by the Central Military Commission.
Provisions on the specific scope of state secrets and their categories shall be publicized within relevant regions and be adjusted in a timely manner according to the change of circumstances.
Article 12 Persons in-charge of organs and units and their designated persons are people in-charge of secret-defining, who shall be responsible for work of defining, changing and declassifying state secrets.
Definition, change and declassification of state secrets by organs and units shall be subject to the examination and approval of people in-charge of secret-defining.
Article 13 Organs and units shall, in accordance with the stipulations on the specific scope of state secrets and their categories, determine the category of state secrets arising in these organs and units, and shall fix a period for secret guarding and determine the scope of people knowing these secrets simultaneously.
Article 14 The scope of people knowing state secrets shall be limited to the minimum according to work needs.
The scope of people knowing state secrets shall be limited to specific persons if the circumstances allow; while if it is impossible to be limited to specific persons, the scope shall be limited to organs and units, which shall further specify the persons.
Where any person who does not fall within the scope of people knowing state secrets needs to know the state secrets for work, approval of the people in-charge of the original secret-defining organ or unit shall be required.
Article 15 Organs and units shall make on paper media, light media and electromagnetic media carriers that carry state secrets (hereinafter referred to as the "carriers of state secrets") and equipments and products containing state secrets with marks of state secret.
Those not determined as state secrets shall not be marked as such.
Article 16 The categories of state secrets, the period for secret guarding and the scope of people knowing state secrets shall be altered in light of the changing circumstances. Such alteration shall be determined by the original secret-defining organ or unit or by superior departments.
Where the categories of state secrets, the period for secret guarding or the scope of people knowing state secrets alters, the organs, units or persons within the scope of people knowing state secrets shall be informed in a writing and in a timely manner.
Article 17 State secrets shall be automatically declassified upon expiration of the secret guarding period.
Organs and units shall examine the determined state secrets on a regular basis. where it is no longer necessary to guard the secret within the secret-guarding period due to actual circumstances, it should be declassified without delay; where it is necessary to extend the period, the period for secret guarding shall be re-determined.
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