Chapter 1
Total These regulations are formulated in accordance with the provisions of the "Law of the People's Republic of China on Conservation of State Secrets" (hereinafter referred to as the Confidentiality Law). Article 2 The national confidentiality administrative department is in charge of the national confidentiality work. Under the guidance of the superior confidentiality administrative management department, local confidentiality administrative management departments at or above the county level shall be in charge of confidentiality work in their administrative regions. Article 3 Central state organs manage or guide the confidentiality work of this system within their powers, supervise the implementation of confidentiality laws and regulations, and may formulate confidentiality regulations for the competent business based on actual conditions or work with relevant departments to formulate confidentiality regulations in accordance with the actual situation. Article 4 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.
Confidentiality administrative departments at or above the provincial level should strengthen the research and development of key confidentiality technology products.
The funds required by the confidentiality administrative department to perform its duties shall be included in the financial budget of the people's government at the same level. The funds required by the agency or unit to carry out confidentiality work shall be included in the annual fiscal budget or annual revenue and expenditure plan of the agency or unit. Article 5 Organizations and units shall not determine matters that should be disclosed according to law as state secrets, and shall not disclose information involving state secrets. Article 6 Organizations and units implement a confidentiality work responsibility system. The heads of the agency and unit are responsible for the confidentiality of the agency and unit, and the staff are responsible for the confidentiality of the post.
The authorities and units shall set up confidentiality work agencies or designated personnel to be responsible for confidentiality work according to the needs of confidentiality work.
The performance of institutions, units and their staff in performing the confidentiality work responsibility system shall be included in the annual assessment and assessment content. Article 7 Confidentiality administrative departments at all levels shall organize regular confidentiality publicity and education. Organs and units shall regularly provide education and training on confidentiality situations, confidentiality laws and regulations, confidentiality technology prevention and other aspects to the staff of the agency and its unit.
Chapter 2 The Scope of State Secrets and Secret Level
Article 8 The specific scope of state secrets and their confidentiality level (hereinafter referred to as the scope of confidentiality matters) shall clearly stipulate the name, confidentiality level, confidentiality period, and scope of knowledge of specific matters of state secrets. The scope of confidential matters in
should be adjusted in time according to changes in the situation. The scope of confidential matters should be fully demonstrated and the opinions of relevant agencies, units and experts in relevant fields should be heard. Article 9 The person in charge of the agency or unit is the person in charge of the agency or unit. According to work needs, other personnel may be designated as the person in charge of the confidentiality .
staff who are specifically responsible for the determination of confidentiality should receive the determination of confidentiality training, be familiar with the duties and scope of confidentiality matters, and master the procedures and methods of the determination of confidentiality. Article 10 The person responsible for determining the secrets shall be responsible for the determination, change and dismantling of relevant state secrets within the scope of his duties. The specific responsibilities are:
(I) to review and approve the confidentiality level, confidentiality period and scope of knowledge of state secrets generated by this agency or unit;
(II) to review state secrets generated by this agency or unit that are still within the confidentiality period, and make a decision on whether to change or terminate;
(I) to formulate confidentiality level for matters that are unclear as state secrets and what kind of confidentiality level belong to, and report them to the confidentiality administrative department for confirmation in accordance with the prescribed procedures. Article 11 Central state organs, provincial organs, and municipal and autonomous prefecture-level organs may make a confidentiality authorization within the scope of confidentiality authority and authorization stipulated by the state confidentiality administrative department according to the needs of confidentiality work or the application of relevant agencies and units.
confidentiality authorization shall be made in writing. The authorized authority shall supervise the performance of the authorized authority and unit in the confidentiality authorization.
Authorizations made by central state organs and provincial organs shall be filed with the state confidentiality administrative management department; authorizations made by prefecture-level municipalities and autonomous prefecture-level organs shall be filed with the province, autonomous region, and municipalities. Article 12 When a state secret is generated, the organs and units shall, at the same time, formulate the confidentiality level, confidentiality period and scope of knowledge based on the scope of relevant confidentiality matters, report to the person responsible for the determination for review and approval, and take corresponding confidentiality measures. Article 13 For the state secrets arising, the agency and unit shall determine the specific confidentiality period in accordance with the scope of confidentiality matters; if the scope of confidentiality matters does not stipulate the specific confidentiality period, it may determine the confidentiality period within the confidentiality period stipulated in the Confidentiality Law according to work needs; if the confidentiality period cannot be determined, the decryption conditions shall be determined.
The confidentiality period for state secrets shall be calculated from the date of issuance indicated; if the date of issuance cannot be indicated, the authorities and units that determine the state secret shall notify the authorities, units and personnel within the scope of knowing in writing, and the confidentiality period shall be calculated from the date of notice. Article 14 Organizations and units shall strictly limit the scope of knowledge of state secrets in accordance with the provisions of the Confidentiality Law, and shall make written records for those who know state secrets above the confidentiality level. Article 15 State Secret Vector and obvious parts of equipment and products that belong to state secrets shall be marked with the state secret logo. State secret logos should be marked with the confidentiality level and the confidentiality period. If the confidentiality level and confidentiality period of state secrets change, the original state secret logo should be changed in a timely manner. If the
cannot mark the state secret logo, the organs and units that determine the state secret shall notify the organs, units and personnel within the scope of their knowledge in writing. Article 16 If an agency or unit believes that the state secret generated complies with the provisions of the Confidentiality Law on decryption or extension of the confidentiality period, it shall decrypt or extend the confidentiality period in a timely manner.
If an agency or unit believes that state secrets that do not belong to this agency or unit comply with the provisions of the Confidentiality Law on decryption or extension of the confidentiality period, it may make suggestions to the original confidentiality authority, unit or its superior authority or unit.
has been transferred to state secret files of National Archives at all levels in accordance with the law, and the original secret agencies and units will be decrypted and reviewed in accordance with relevant national regulations. Article 17 If an agency or unit is revoked or merged, the change and termination of the state secret determined by the agency or unit shall be the responsibility of the agency or unit that assumes its functions, or the agency or unit designated by its superior agency or unit or the confidentiality administrative department. Article 18 If an agency or unit finds that the determination, change and termination of the state secrets of the agency or unit is improper, it shall correct it in a timely manner; if the superior agency or unit finds that the determination, change and termination of the state secrets of the subordinate agency or unit is improper, it shall notify it in time to correct it, or it may be directly corrected. Article 19 of For matters that are not specified in the Confidentiality Law but do not stipulate the scope of confidentiality matters, they shall first formulate the confidentiality level, confidentiality period and scope of knowledge, and take corresponding confidentiality measures, and report to the relevant departments for confirmation within 10 days from the date of formulation. Matters formulated as top-secret and confidential and secret-level matters formulated by central state organs shall be reported to the national confidentiality administrative department for confirmation; matters formulated by other agencies and units shall be reported to the confidentiality administrative department for confirmation. After receiving the report, the administrative department of
Confidentiality shall make a decision within 10 days. The confidentiality administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government shall also promptly report the decisions made to the national confidentiality administrative departments for filing. Article 20 If an organ or unit has different opinions on whether the matter has been determined to be a state secret or what level of secret, it may raise objections to the original secret agency or unit, and the original secret agency or unit shall make a decision.
If the organs or units fail to handle the original confidentiality or units or still have objections to the decisions made, they shall be handled in accordance with the following provisions: Matters determined as top-secret and matters determined by central state organs shall be reported to the state confidentiality administrative department for confirmation.
(II) Matters at the confidential level and secret level determined by other agencies and units shall be reported to the confidentiality administrative department of the province, autonomous region, or municipality directly under the central government for confirmation; if there are any objections to the decisions made by the confidentiality administrative department of the province, autonomous region, or municipality directly under the central government for confirmation, they may be reported to the national confidentiality administrative department for confirmation.
Before the original confidentiality authority, unit or confidentiality administrative management department makes a decision, corresponding confidentiality measures shall be taken for relevant matters in accordance with the highest level of confidentiality claims.
Chapter 3 Confidentiality System
Article 21 The management of state secret vectors shall comply with the following provisions:
(I) The production of state secret vectors shall be undertaken by the agency, unit or unit that has passed the confidentiality review by the confidentiality administrative management department, and the production site shall comply with the confidentiality requirements.
(II) The carrier of state secrets shall comply with the procedures for inventory, numbering, registration and signing.
(III) The transmission of state secret carriers shall be carried out through confidential transportation, confidential communication or other methods that meet confidentiality requirements.
(IV) Copying state secret vectors or excerpts, quotes, or compilation of contents that belong to state secrets shall be submitted for approval in accordance with regulations. The confidentiality level, confidentiality period and scope of knowledge of the original shall not be changed without authorization. The copy shall be stamped with the copying authority or unit and shall be treated as the original.
(V) Places, facilities and equipment for preserving state secret carriers shall comply with national confidentiality requirements.
(VI) Maintaining state secret carriers shall be the responsibility of the specialized technical personnel of this agency and the unit. If the repair is indeed required by personnel from other units, the personnel of this agency and the unit shall be supervised on the spot; if the repair is indeed required by personnel from this agency or unit, it shall comply with the national confidentiality regulations.
(VII) When carrying a state secret carrier out, it shall comply with the national confidentiality regulations and take reliable confidentiality measures; if carrying a state secret carrier out of the country, the approval and carrying procedures shall be handled in accordance with the national confidentiality regulations. Article 22 The destroying of state secret vectors shall comply with national confidentiality regulations and standards to ensure that the destroyed state secret information cannot be restored.
The destruction of state secret carriers shall comply with the inventory, registration and approval procedures and shall be submitted to the destruction work agency established by the confidentiality administrative department or the unit designated by the confidentiality administrative department for destruction. If an agency or unit destroys a small number of state secret carriers on its own due to work needs, it shall use destruction equipment and methods that meet the national confidentiality standard . Article 23 Confidential Information System is divided into top-secret level, confidential level and secret level according to the degree of confidentiality. Organizations and units shall determine the confidentiality level of the system based on the highest level of information storage and processing of information in confidential information system, and take corresponding security and confidentiality protection measures in accordance with the requirements of hierarchical protection. Article 24 Confidential information system shall be tested and evaluated by a confidentiality assessment agency established or authorized by the state confidentiality administrative department, and may be reviewed and qualified by the confidentiality administrative department at or above the prefecture level before it can be put into use. The management measures for the use of confidential information systems of public security and national security organs shall be separately stipulated by the state confidentiality administrative department in conjunction with the State Council’s public security and national security departments. Article 25 Organizations and units shall strengthen the operation and use management of confidential information systems, designate specialized institutions or personnel to be responsible for operation and maintenance, security and confidentiality management and security audits, and conduct security and confidentiality inspections and risk assessments regularly. If the confidential level, main business application, scope of use and use environment of
, changes in the confidential information system, or if the confidential information system is no longer used, it shall promptly report to the confidential administrative department in accordance with the national confidentiality regulations and take corresponding measures. Article 26 If an agency or unit purchases projects, goods and services involving state secrets, it shall determine the confidentiality level in accordance with the national confidentiality regulations and comply with the national confidentiality regulations and standards. The authorities and units shall put forward confidentiality management requirements for the units that provide projects, goods and services, and sign an confidentiality agreement with them .
Government procurement supervision and administration departments and confidentiality administrative departments shall strengthen supervision and administration of procurement of projects, goods and services involving state secrets in accordance with the law. Article 27 If a meeting or other event involves state secrets, the organizer shall take the following confidentiality measures:
(I) Determine the confidentiality level based on the content of the meeting and event, formulate a confidentiality plan, and limit the scope of participants;
(II) Use places, facilities, and equipment that comply with national confidentiality regulations and standards;
(III) Manage state secret carriers in accordance with national confidentiality regulations;
(IV) Put forward specific confidentiality requirements for participants. Article 28 Enterprises and institutions engaged in the production, copying, repairing, and destroying state secret carriers, integration of confidential information systems or the scientific research and production of weapons and equipment, etc., shall conduct confidentiality review by the confidentiality administrative department or the confidentiality administrative department in conjunction with relevant departments. Those who fail the confidentiality review shall not engage in confidential business. Article 29 Enterprises and institutions engaged in confidential business shall meet the following conditions:
(I) A legal person established in of the People's Republic of China for more than 3 years in accordance with the law, without a record of illegal and criminal activities;
(II) Personnel engaged in confidential business have the nationality of the People's Republic of China;
(III) The confidentiality system is complete and there is a special institution or personnel responsible for confidentiality work;
(IV) The places, facilities and equipment used for confidential business comply with national confidentiality regulations and standards;
(V) Have professional ability to engage in confidential business;
(V) Other conditions stipulated by laws, administrative regulations and the state confidentiality administrative management department. Article 30 Specific measures such as classification management, appointment (employment) review, declassification period management, rights protection, etc. shall be formulated by the state confidentiality administrative department in conjunction with relevant competent departments of the State Council.
Chapter 4 Supervision and Management
Article 31 Organizations and units shall report the annual confidentiality work of the agency and unit to the confidentiality administrative department at the same level. The lower-level confidentiality administrative department shall report the annual confidentiality work of the administrative region to the higher-level confidentiality administrative department. Article 32 The confidential administrative department shall inspect the following situations in implementing confidentiality laws and regulations by the agencies and units in accordance with the law:
(I) Implementation of the responsibility system for confidentiality work;
(II) Construction of confidentiality system;
(III) Confidentiality publicity, education and training;
(IV) Management of confidentiality personnel;
(VII) Determination, change and termination of state secrets;
(VI) Management of state secret carriers;
(VII) Confidentiality management of information systems and information equipment;
(VII) Confidentiality management of Internet use;
(IX) Equipment and use of confidentiality technology protection facilities and equipment;
(IX) Management of confidentiality places and key departments and parts of confidentiality;
(XIX) Management of confidentiality meetings and activities;
(Twelve) Review of information disclosure and confidentiality. Article 33 If the confidentiality administrative department finds hidden dangers of leakage during the confidentiality inspection, it can check the relevant materials, inquire about personnel, and record the situation; the relevant facilities, equipment, documents, etc. can be registered and saved first in accordance with the law, and confidentiality technical inspections are carried out if necessary. Relevant agencies, units and their staff shall cooperate with confidentiality inspections.
After the confidentiality administrative department implements the inspection, it shall issue inspection opinions. For those who need to be rectified, the rectification content and duration shall be clarified. Article 34 If an agency or unit discovers that state secrets have been leaked or may be leaked, it shall immediately take remedial measures and report to the confidentiality administrative department and the superior department at the same level within 24 hours.
If local confidentiality administrative departments at all levels receive leak reports, they shall report to the national confidentiality administrative department step by step within 24 hours. Article 35 Confidential administrative departments shall promptly investigate or organize and urge relevant agencies and units to investigate and handle clues and cases suspected of leaking state secrets by citizens' reports, reports from agencies and units, confidentiality inspections, and transferred by relevant departments in accordance with the law. After the investigation is completed, if you believe that there is a fact that there is a violation of confidentiality laws and regulations and need to be held accountable, the confidentiality administrative department may submit handling suggestions to the relevant authorities and units. Relevant agencies and units shall promptly inform the confidentiality administrative management department at the same level of the handling results in writing. Article 36 Confidential administrative departments shall register and issue a list to find out the level, quantity, source, scope of spread, etc., and take corresponding confidentiality measures.
Confidentiality administrative department may request the public security, industrial and commercial administration and other relevant departments to assist in confiscating illegally acquired and held state secret carriers, and the relevant departments shall cooperate. Article 37 The state confidentiality administrative department or the province, autonomous region, or municipality confidentiality administrative department shall, in accordance with the confidentiality laws and regulations and the scope of confidential matters, make an appraisal whether the matters proposed by the agency suspected of leaking state secrets are state secrets and what level of confidentiality they belong to.
After the confidentiality administrative department accepts the appraisal application, it shall issue an appraisal conclusion within 30 days from the date of acceptance; if the appraisal conclusion cannot be issued on time, it may be extended by 30 days with the approval of the person in charge of the confidentiality administrative department. Article 38 Confidentiality administrative departments and their staff shall carry out confidentiality review, confidentiality inspection and investigation and handling of cases of leakage of state secrets in accordance with their statutory powers and procedures, so as to be scientific, fair, strict and efficient, and shall not use their powers to seek benefits.
Chapter 5 Legal Liability
Article 39 If an institution or unit fails to report in accordance with the regulations or fails to take remedial measures, the directly responsible supervisor and other directly responsible persons shall be punished in accordance with the law. Article 40 In the case of confidentiality inspection or leakage of state secrets, the relevant authorities, units and their staff refuse to cooperate, commit fraud, conceal or destroy evidence, or evade or obstruct confidentiality inspection or leakage of state secrets in other ways, the directly responsible supervisor and other directly responsible persons shall be punished in accordance with the law.
If enterprises, institutions and their staff assist the organs and units in evading, obstructing confidentiality inspections or leaking state secrets, the relevant competent authorities shall impose penalties in accordance with the law. Article 41 If an enterprise and institution that has passed the confidentiality review violates the confidentiality management regulations, the confidentiality administrative department shall order the rectification within a time limit. If the rectification is not corrected within the time limit or the rectification still fails to meet the requirements, the confidentiality business shall be suspended; if the circumstances are serious, the confidentiality business shall be stopped. Article 42 If a confidential information system is put into use without conducting testing, evaluation and review in accordance with regulations, the confidentiality administrative department shall order it to correct the problem, and it is recommended that the relevant authorities and units impose punishments on the directly responsible supervisors and other directly responsible persons in accordance with the law. Article 43 If an agency or unit entrusts an organization or unit to engage in confidential business without confidentiality review, the relevant agency or unit shall impose punishment on the directly responsible supervisors and other directly responsible persons in accordance with the law.
If an organization that has not been subject to confidentiality review engages in confidential business, the confidentiality administrative department shall order it to stop the illegal act; if there is any illegal gain, the industrial and commercial administrative department shall confiscate the illegal gains. Article 44 Confidentiality administrative department fails to perform its duties in accordance with the law, or abuses its power, neglects its duties, or engages in favoritism and fraud, the directly responsible supervisor and other directly responsible persons shall be punished in accordance with the law; if a crime constitutes a crime, criminal liability shall be pursued in accordance with the law.
Article 45 This regulation shall come into force on March 1, 2014. The "Implementation Measures for the Law on Conserving State Secrets of the People's Republic of China" approved by the State Council on April 25, 1990 and issued by the State Administration of Secrets on May 25, 1990 was also abolished.
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