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Law of the People’s Republic of China on Guarding State Secrets (Revised Draft) (2009) Full Text and Explanation

July 24, 2009

[English Translation by Human Rights in China, July 2009.  Translation of Articles 1-51 based on the English translation of the 1989 Law of the People’s Republic of China on Guarding State Secrets by the Supreme Court of the People’s Republic of China.]

The ninth session of the Standing Committee of the Eleventh National People’s Congress has conducted a preliminary deliberation on the Law of the People’s Republic of China on Guarding State Secrets (Revised Draft). It has now published the Law of the People’s Republic of China on Guarding State Secrets (Revised Draft) and the Explanation of the Draft on the official website of the National People’s Congress (NPC) to openly solicit opinions from society. People from all walks of life can log directly onto the NPC website to offer their views, or mail their views to the Legal Affairs Commission of the NPC Standing Committee (23 West Xijiaomin Lane, Xicheng District, Beijing, Postcode: 100805. On the envelope please indicate: solicited opinion on the revised draft of the Law on Guarding State Secrets). The opinion solicitation deadline is July 31, 2009.

Law of the People’s Republic of China on Guarding State Secrets (Revised Draft)
Explanation of the Law of the People’s Republic of China on Guarding State Secrets (Revised Draft)

Law of the People’s Republic of China on Guarding State Secrets
(Revised Draft) (2009)

Chapter One: General Provisions
Chapter Two: Scope and Classification of State Secrets
Chapter Three: System for Guarding State Secrets
Chapter Four: Supervision and Management
Chapter Five: Legal Responsibility
Chapter Six: Additional Provisions

Chapter One: General Provisions

Article 1
This Law is formulated for the purpose of guarding state secrets, safeguarding state security and national interests, and ensuring the smooth progress of reform, of opening to the outside world, and of socialist construction.

Article 2
State secrets shall be matters that have a vital bearing on state security and national interests and, as specified by legal procedure, are entrusted to a limited number of people for a given period of time.

Article 3
All state organs, armed forces, political parties, public organizations, enterprises, units, and citizens shall have the obligation to guard state secrets.

Article 4
The work of guarding state secrets (hereinafter referred to as “secret-guarding work”) shall be carried out in line with the principles of active prevention of leaks, emphasizing priorities, and management according to the law, so that the security of state secrets is protected while the rational use of information and resources is facilitated.

Article 5
The national department for the administration and management of state secret-guarding work shall be responsible for guarding state secrets throughout the country. The local departments for the administration and management of secret-guarding at or above the county level shall be responsible for guarding secrets in their own administrative areas.

Article 6
State organs and units involved with state secrets (hereinafter referred to as “organs and units”) shall manage the work of guarding secrets in their own organs and units.

The central state organs shall, within the scope of their functions and powers, manage or guide the work of guarding state secrets in their own organs and in the departments subordinate to them.

Article 7
Organs and units shall implement a system of responsibility for the work of guarding secrets, strengthen the system of management of guarding secrets, perfect measures to safeguard secrets, launch publicity and education on secret-guarding, and reinforce inspections of secret-guarding.

Article 8
The state shall reward those units or individuals that have rendered meritorious service in guarding and protecting state secrets and improving techniques and measures in this field.

Chapter Two: Scope and Classification of State Secrets

Article 9
In accordance with the provisions of Article 2 of this Law, state secrets shall include the following:

  1. Secret matters concerning major policy decisions on state affairs;
  2. Secret matters in the building of national defense and in the activities of the armed forces;
  3. Secret matters in diplomatic activities and in activities related to foreign countries and those to be kept secret through commitments to foreign countries;
  4. Secret matters in national economic and social development;
  5. Secret matters concerning science and technology;
  6. Secret matters concerning activities for safeguarding state security and the investigation of criminal offenses; and
  7. Other matters that are classified as state secrets by the national department for the administration and management of state secret-guarding.

Secrets of political parties that conform with the provisions of Article 2 of this Law shall be state secrets.

Article 10
State secrets are classified into three categories: “top secret,” “highly secret,” and “secret.”

Secrets classified as “top secret” are the most vital state secrets, the divulgence of which will cause extremely serious harm to state security and national interests; secrets classified as “highly secret” are important state secrets, the divulgence of which will cause serious harm to state security and national interests; and secrets classified as “secret” are 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 classification levels shall be stipulated by the national department for the administration and management of state secret-guarding together with the Ministries of Foreign Affairs, Public Security, and State Security, and other relevant central organs.

The specific scope of state secrets related to military affairs, and their classification levels, shall be stipulated by the Central Military Commission.

Stipulations on the specific scope and classification levels of state secrets shall be made known within relevant quarters and promptly adjusted according to changes in circumstance.

Article 12
Individuals in charge of organs and units, and personnel appointed by them, shall be the people responsible for classifying secrets; they shall be responsible for the task of classifying, reclassifying, and declassifying state secrets in their own organs and units.

The classification, reclassification, and declassification of state secrets by organs and units shall be reviewed and approved by the people responsible for classifying secrets.

Article 13
Organs and units shall, in accordance with the stipulations on the specific scope and classification levels of state secrets, determine the classification level of any state secret that arises in said organs and units, and at the same time determine the length of time that the secret should be protected and the range of those with knowledge of it.

Article 14
The range of those with knowledge of state secrets shall be restricted to the smallest range possible as required by work.

If the range of those with knowledge of state secrets can be limited to specific people, it shall be limited to specific people; if it cannot be limited to specific people, it shall be limited to an organ or a unit, and the organ or unit shall limit it to specific people.

The personnel outside the range of those with knowledge of state secrets, whose work requires knowledge of state secrets, shall go through the approval of the people in charge of the organs or units that originally classified the secret.

Article 15
Organs and units shall mark as state secrets any item of paper, optical, or electromagnetic medium bearing state secrets (hereinafter referred to as “items bearing state secrets”), as well as equipment and products that are a part of state secrets. Items that are not a part of state secrets shall not be marked as state secrets.

Article 16
The classification levels of state secrets, the length of time that they should be guarded, and the range of those with knowledge of them shall be altered in accordance with changing circumstances. Such alterations shall be decided on by the state organs or units that originally determined the classification level of the secrets and the time period for guarding them, or by a higher-level department.

If the classification level of a state secret, the length of time that it should be guarded, or the range of those with knowledge of it is altered, a written notification shall promptly be sent to the organs, units, or personnel within the range of those with knowledge of it.

Article 17
A state secret shall be automatically declassified when the time period for guarding it has expired. Organs and units shall conduct periodic audits of all classified state secrets. They shall promptly declassify a secret when it, during the period of classification, no longer needs guarding; if the time period for guarding a secret needs to be extended, that time limit shall be re-determined. The declassification or extension of time period for guarding a secret shall be decided by the organ or unit that originally determined its classification level, or by a higher-level department.

Article 18
If it is unclear whether or not a certain matter is a state secret or to which classification level it should belong, it shall be determined by the national department for the administration and management of state secret-guarding, or the department for the administration and management of secret-guarding at the level of the province, autonomous region, or directly-administered municipality, or an organ authorized by the national department for the administration and management of state secret-guarding.

When a dispute arises as to whether or not a matter is a state secret, or to which classification level it belongs, the question shall be decided by the national department for the administration and management of state secret-guarding, or the department for the administration and management of secret-guarding at the level of the province, autonomous region, or directly-administered municipality.

Chapter Three: System for Guarding State Secrets

Article 19
The making, receiving, dispatch, transfer, use, duplication, storage, maintenance, and destruction of items bearing state secrets shall conform to the stipulations for state secret-guarding.

Items bearing information classified as top secret shall be stored within facilities or equipment that conform to state secret-guarding standards, and shall be managed by specifically-designated individuals; the items shall not be duplicated or excerpted without prior approval from the organ or unit that originally classified them or by a higher-level department; designated personnel shall be responsible for receiving, transferring, and carrying them outside, and necessary security measures shall be adopted.

Article 20
The manufacture, production, transportation, use, storage, maintenance, and destruction of equipment or products classified as state secrets shall conform to state secret-guarding provisions.

Article 21
Computer information systems that store and process state secrets (hereinafter referred to as “secrets information systems”) shall be classified as “top secret,” “highly secret,” or “secret,” based on the degree of involvement with secrets, and shall be protected according to classification level.

The secrets information systems shall be outfitted with secret-guarding facilities and equipment that conform to state secret-guarding standards. The secret-guarding facilities and equipment shall be planned, built, and operated in step with the secrets information systems.

Before a secrets information system is put to use, it shall be inspected and approved by the department for the administration and management of secret-guarding at the level of municipalities comprising several districts or higher.

Article 22
Organs and units shall reinforce the management of the secrets information systems; no organization or individual shall engage in the following conduct:

  1. Connect computers or storage devices dealing with secrets to the Internet or other public information networks;
  2. Exchange information between a secrets information system and the Internet or other public information networks without adopting protective measures;
  3. Use computers or storage devices that do not deal with state secrets to save or process state secrets information;
  4. Uninstall security technology programs or administrative programs from a secrets information system without authorization;
  5. Give away, sell, or discard decommissioned computers and storage devices that have dealt with state secrets but have not gone through security technology procedures.

Article 23
Organs and units shall reinforce the management of items bearing state secrets; no organization or individual shall engage in the following conduct:

  1. Illegally obtain or hold items bearing state secrets;
  2. Buy, sell, transfer, or destroy items bearing state secrets without authorization;
  3. Transfer items bearing state secrets through channels without secret-guarding measures, such as the ordinary postal service;
  4. Mail or consign for shipment abroad items bearing state secrets;
  5. Carry or transmit items bearing state secrets abroad without permission from the authorities in charge.

Article 24
Duplicating, recording, or storing state secrets in violation of the law is prohibited.

The transmission of state secrets through wired or wireless communication, the Internet, or other public information networks without taking secret-guarding measures is prohibited.

Dealing with state secrets in private contact and correspondence is prohibited.

Article 25
The relevant secret-guarding regulations shall be complied with in editing, publishing, printing, and distributing newspapers and periodicals, books, audio-visual products, and electronic publications; in producing and broadcasting radio programs, television programs, and films; and in editing and releasing information through public information networks such as the Internet and mobile communication networks, and through other media.

Article 26
Internet and telecommunications operators and service providers shall report to public security organs, state security organs, or the national department for the administration and management of state secret-guarding the discovery of  information transmitted on public information networks that involves disclosure of state secrets, and shall remove the information that involves state secrets upon request of the public security organs, state security organs, or the national department for the administration and management of state secret-guarding.

Article 27
State organs and units shall comply with secret-guarding regulations when they publicly release information and purchase goods, or services or [any items] for projects involving state secrets.

Article 28
When organs and units have to provide state secrets in the course of maintaining foreign relations and cooperation, or when personnel appointed or hired abroad need to have knowledge of state secrets because it is required by their job, they shall report such information to the relevant supervising department in the State Council or to the relevant supervising department in the people’s government of a province, autonomous region, or a directly-administered municipality for approval, and sign a confidentiality agreement with the concerned party.

Article 29
When holding meetings or conducting other activities that involve state secrets, the host unit shall adopt the appropriate secret-guarding measures, provide the participants with education on secret-guarding, and raise specific secret-guarding requirements.

Article 30
Organs and units shall designate as “key secret-guarding departments” the organizations that shall be involved with state secrets at the top-secret level or with relatively large amounts of highly secret or secret information; shall designate as “key secret-guarding positions” the specialized places that shall focus on the production, storage, or maintenance of items bearing state secrets; and shall outfit them in accordance with the state secret-guarding regulations and standards, and protect the facilities and equipment with the use of necessary techniques.

Article 31
Forbidden military zones and other places that involve state secrets and are not open to the public shall be protected by secret-guarding measures; no one may decide to open them to the public or enlarge the area that is open to the public without prior approval from the relevant authorities.

Article 32
The following [types of] enterprises and publicly-funded units whose business activities involve state secrets shall possess secret-guarding credentials:

  1. Units that produce, reproduce, maintain, and destroy items bearing state secrets;
  2. Units that are integrated into a secrets information system;
  3. Units that design, work on, or supervise engineering projects involving state secrets;
  4. Service units whose activities involve state secrets.

The department for the administration and management of state secret-guarding shall examine whether the enterprises and publicly funded units stipulated above meet secret-guarding conditions; those that pass examination shall be awarded secret-guarding credentials.

The management of credentials for units that research and produce military equipment is regulated by separate laws and administrative statutes, and shall comply with those regulations.

Article 33
Personnel working in jobs that involve secrets (hereinafter referred to as “personnel involved with secrets”) shall be classified according to the degree of involvement with secrets into “core personnel involved with secrets,” “important personnel involved with secrets,” and “general personnel involved with secrets,” and shall be managed by classification.

Personnel involved with secrets shall master the knowledge and skills of secret-guarding, shall strictly comply with the rules and system of secret-guarding, shall agree to and sign a letter of promise to maintain secrecy, and shall not in any manner disclose state secrets.

Article 34
Employment of personnel involved with secrets shall be subject to examination in accordance with relevant regulations. When assuming a post, personnel involved with secrets shall receive education and training in guarding secrets; when leaving the post or resigning, personnel shall undergo a period of release from secrets-management. If leaving the country, personnel involved with secrets shall receive approval from relevant departments; if the relevant department decides that the departure from the country by the personnel involved with secrets might endanger state security or cause serious damage to national interests, the exit approval shall not be granted.

Article 35
If state employees and other citizens should find that state secrets have been divulged or are in danger of being divulged, they should immediately take measures to remedy the situation and promptly report the matter to the state organs and units concerned, which shall, upon receiving such reports, deal with the matter without delay and promptly report it to the department for the administration and management of state secret-guarding.

Chapter Four: Supervision and Management

Article 36
The national department for the administration and management of state secret-guarding shall, pursuant to the provisions of laws and administrative statutes, stipulate secret-guarding rules and regulations and set standards for state secret-guarding techniques.

Article 37
The department for the administration and management of state secret-guarding shall, in accordance with the law, undertake the task of secret-guarding publicity and education, secret-guarding inspection, defense of secret-guarding techniques, and investigation of secrecy leaks cases, and shall provide guidance and supervision of the secret-guarding work of organs and units.

Article 38
The department for the administration and management of state secret-guarding shall promptly notify relevant state organs and units of its discovery of improper classification, re-classification, or declassification of state secrets and shall correct it.

Article 39
The department for the administration and management of state secret-guarding, if it finds that there is a danger of secrecy leaks within an organ or unit, shall request that that organ or unit adopt measures and rectify the situation within a specified time; it shall order that the use of facilities, equipment, and locations where the danger of secrecy leaks exists be suspended; it shall suggest that the organ or unit in charge penalize personnel involved with secrets who gravely violate the secret-guarding regulations and remove them from positions that involve state secrets.

Article 40
The department for the administration and management of state secret-guarding shall carry out investigations of conduct suspected of leaking state secrets or endangering the security of state secrets. During the investigation, it can request that the organ, unit, or personnel under investigation give explanation; call for relevant documents; temporarily confiscate and seal items bearing state secrets and related equipment; and order the organs, units, and individuals concerned to stop their illegal conduct.

Article 41
The organ that handles a case of a suspected leak of state secrets must carry out an appraisal of whether or not relevant matters are classified as state secrets and to which level of secret classification they belong; the national department for the administration and management of state secret-guarding or a department for the administration and management of state secret-guarding at the level of the province, autonomous region, or a directly-administered municipality shall [validate] the appraisal.

Article 42
If an organ or unit does not penalize personnel for violations of secret-guarding regulations in accordance with the law, the department for the administration and management of state secret-guarding shall recommend a correction; if the organ or unit refuses to make corrections, the department shall request that the matter be handled according to the law by the organ at the next higher level or by its supervisory organ.

Article 43
The department for the administration and management of state secret-guarding shall seize any illegally obtained or held items bearing state secrets that it discovers in the course of a secret-guarding protection inspection or investigation of cases involving secrecy leaks.

Chapter Five: Legal Responsibility

Article 44
Anyone who violates the provisions of this Law with any [form of] the conduct listed below shall be punished in accordance with the law; if the violation constitutes a crime, the individual shall be prosecuted and held criminally responsible in accordance with the law.

  1. Connect computers or other storage devices dealing with state secrets to the Internet or other public information networks;
  2. Exchange information between a secrets information system and the Internet or another public information network without having first adopted protective measures;
  3. Use a computer or other storage device that does not deal with state secrets to store or process state secret information;
  4. Copy, record, or store state secrets in violation of the law;
  5. Transmit state secrets in wired or wireless communications, or through the Internet or other public information networks, without having first adopted secret-guarding measures;
  6. Touch on state secrets in private contact or correspondence;
  7. Uninstall the security technology programs or administrative programs of a secrets information system without authorization;
  8. Give away, sell, or discard decommissioned computers and storage devices that have dealt with state secrets but not gone through security technology procedures;
  9. Illegally obtain or hold any items bearing state secrets;
  10. Transfer items bearing state secrets through channels without secret-guarding measures, such as the ordinary postal service;
  11. Buy, sell, transfer, or destroy items bearing state secrets without authorization;
  12. Mail or consign for shipment abroad items bearing state secrets, or carry or transfer items bearing state secrets abroad without permission from the departments in charge.

Personnel who commit conduct in the above categories that does not constitute a crime and for whom disciplinary measures are not applicable shall be subjected to a warning issued by the department for the administration and management of state secret-guarding and a fine of 1000-5000 yuan. Gains obtained illegally shall be confiscated.

Article 45
If any organ or unit violates the provisions of this Law and seriously endangers the security of state secrets, or if there is a case of a major state secrets leak, the organ in charge shall penalize the chief person in charge who is directly responsible and other directly responsible personnel according to the law; the personnel for whom disciplinary measures are not applicable shall be subject to a warning issued by the department for the administration and management of state secret-guarding and a fine of 1000-5000 yuan.

Article 46
Internet and telecommunications operators or service providers in violation of Article 26 of this Law shall be penalized by the public security organ, the state security organ, the national department for the administration and management of state secret-guarding, or the department in charge of the information industry according to their respective authority conferred by law.

Article 47
Any enterprise or publicly-funded unit accredited to deal with state secrets that violates the administrative regulations of secret-guarding accreditation shall be ordered to rectify the situation by the department for the administration and management of state secret-guarding, and shall be subjected to a fine of 5,000-30,000 yuan; illegally obtained gains shall be confiscated; in instances of serious violations, the credentials to deal with state secrets shall be revoked.

Article 48
Any enterprise or publicly-funded unit that has not been accredited to deal with state secrets and engages in business activities involving state secrets without authorization shall be ordered to cease its illegal conduct by the department for the administration and management of state secret-guarding and shall be subjected to a fine of 10,000-50,000 yuan; illegally obtained gains shall be confiscated.

Article 49
Any personnel involved in the management of state secrets who, in the course of performing their duty of managing state secrets abuse their authority, neglect their duty, or engage in bribery or fraud, shall be penalized in accordance with the law; those whose conduct constitutes a crime shall be legally prosecuted and held criminally responsible.

Chapter Six: Additional Provisions

Article 50
The Central Military Commission shall, in accordance with this Law, formulate the regulations of the Chinese People’s Liberation Army on the protection of state secrets.

Article 51
This law shall take effect as of <month> <day>, <year>.


Explanation of the Law of the People’s Republic of China on Guarding State Secrets (Revised Draft)

[Chinese/中文]

Ever since its implementation on May 1, 1989, the Law of the People’s Republic of China on Guarding State Secrets(hereinafter referred to as the current State Secrets Law), has played an important role in guarding state secrets and safeguarding state security and national interests. With China’s rapid economic and social development, particularly the development of information technology and the construction and use of e-government, some new circumstances and problems have emerged in the work of guarding secrets. First, there have been enormous changes in the form state secrets take and the manner in which they move; the development of a secret-bearing medium that was once chiefly paper into acoustic, optical, electronic, and magnetic forms urgently requires that the system of storing, handling, and transmitting state secrets under conditions of modern communications and computer networks be supplemented and improved. Second, the object, sphere, and environment of the work of guarding state secrets have profoundly changed; new economic and social organizations have entered the sphere involved with secrets, mobility of personnel involved with secrets has increased and the direction of its flow become more complex, management has become more difficult, and the system of managing organs, units, and personnel involved with secrets needs further improvement. Third, some contradictions and conflicts between information openness and information security have occurred, requiring further improvements to the system of classifying, reclassifying, and declassifying state secrets.  Fourth, illegal behavior of stealing and leaking secrets increases daily in complexity and range, and the provisions of the current State Secrets Law regarding the legal responsibility of guarding secrets can no longer meet the needs of the work of guarding secrets.

In order to meet the needs of strengthening the work of guarding secrets under the new circumstances, the National Administration for the Protection of State Secrets made a [preliminary version of the] revised draft and submitted it to the State Council for review. Based on further broad solicitation of opinions, the Legal Affairs Office of the State Council created a revised draft after repeatedly studying and revising the preliminary draft with the National Administration for the Protection of State Secrets. The revised draft has already been adopted after deliberation at the Executive Meeting of the State Council. The following is an explanation of the main content of the revised draft:

1. Secret-Guarding Measures Aimed at Information Systems Dealing with State Secrets Have Been Increased

To counter the current grim situation of frequent incidences of leaks from information systems dealing with secrets, the following secret-guarding measures have been added to the revised draft:

  1. Classify information systems that deal with secrets as top secret, highly secret, or secret, based on the degree of involvement with secrets, and protect them according to their classification level. (Article 21, Paragraph 1)
  2. Adopt technological protection of information systems that deal with secrets. The revised draft stipulates: secrets information systems shall be outfitted with secret-guarding facilities and equipment that conform to the national standards for guarding secrets. The secret-guarding facilities and equipment shall be planned, built, and operated in step with the secrets information systems. Before a secrets information system is put to use, it shall pass an inspection by the local department for administration and management of secret-guarding at the level of municipalities comprising several districts or higher. (Article 21, Paragraphs 2 and 3)
  3. Introduce strict regulations for conduct in the course of using information systems dealing with secrets. The revised draft stipulates: one shall not connect computers or storage devices dealing with secrets to the Internet or other public information networks; one shall not exchange information between  a secrets information system and the Internet or other public information networks without adopting protective measures; one shall not use computers or devices that do not deal with state secrets to save or process state secret information; one shall not uninstall the security technology programs or administrative computer programs from a secrets information system without authorization; one shall not give away, sell, or discard decommissioned computers and storage devices that have dealt with state secrets after they are withdrawn from use without putting them through security technology procedures; the transmission of state secrets through wired or wireless communication, the Internet, or other public information networks without taking secret-guarding protective measures is prohibited. (Article 22 and Article 24, Paragraph 2)

2. The Secret-Guarding Management of Organs, Units, and Personnel Involved with Secrets Has Been Strengthened

In order to further strengthen secret-guarding management of organs, units, and personnel involved with secrets, the revised draft has made supplements and improvements to the current State Secrets Law based on the summary of its practical experience in secret-guarding in four areas:

  1. The revised draft stipulates that various activities of organs and units whose operations involve state secrets shall strictly comply with the secret-guarding provisions. (Article 27, Article 28, Article 29)
  2. It stipulates that organs and units shall designate their key secret-guarding departments and key secret-guarding positions, and equip them with and make use of the necessary technology to protect the facilities and equipment. (Article 30)
  3. It stipulates that enterprises and publicly-funded units whose business activities involve state secrets shall implement the management of secret-guarding accreditation. (Article 32)
  4. It stipulates that personnel involved with secrets shall be classified and managed according to the degree of involvement with secrets, and stipulates strict management measures. (Article 33, Article 34)

3. The System for Classifying, Reclassifying, and Declassifying State Secrets Has Been Improved

Classification of secrets is the prerequisite and the foundation of the secret-guarding work.  In order to raise the scientific and standardization levels of the work to classify secrets, the revised draft has made improvements to the system of classification of secrets in the following three respects:

  1. It has established a system of people responsible for classifying secrets. The revised draft stipulates: individuals in charge of organs and units, and personnel appointed by them, shall be the people responsible for classifying secrets; they shall be in charge of the task of classifying, reclassifying, and declassifying state secrets in their own organs and units. The classification, reclassification, and declassification of state secrets by the organs and units shall be reviewed and approved by the people responsible for classifying secrets. (Article 12)
  2. It has limited the range of those with knowledge of state secrets. The revised draft stipulates: the scope of those with knowledge of state secrets shall be restricted to the smallest scope as required by work. If the scope of those with knowledge of state secrets can be limited to specific people, it shall be limited to specific people; if it cannot be limited to specific people, it shall be limited to an organ or a unit, and the organ or the unit shall limit it to specific people. The personnel outside the scope of those with knowledge of state secrets whose work requires knowledge of state secrets shall go through the approval of the people in charge of the organs or units that originally classified the secret.  (Article 14)
  3. It has improved the declassification examination system. The revised draft stipulates: organs and units shall conduct periodic audits of all classified state secrets. The organ or unit shall promptly declassify a secret when the secret, during the period of classification, no longer needs guarding; if the time period for guarding a secret needs to be extended, that time limit shall be re-determined. (Article 27, Paragraph 2)

4. The Draft Has Clarified the Administrative and Managerial Functions of the Department for the Administration and Management of State Secrets-Guarding

In order to meet the demands of administrating the work of guarding state secrets according to law and to regulate and reinforce the functions of the departments for the administration and management of secret-guarding, the revised draft has added a chapter titled “Supervision and Management,” stipulating the supervisory and managerial duties of the departments for the administration and management of secret-guarding as follows:

  1. It clarifies the power of the National Administration for the Protection of State Secrets to establish rules and regulations. The revised draft stipulates: the national department for the administration and management of state secret-guarding shall, pursuant to the provisions of laws and administrative statutes, stipulate secret-guarding rules and regulations and set standards for state secret-guarding techniques. (Article 36)
  2. It stipulates that the national department for the administration and management of state secret-guarding shall, in accordance with the law, undertake the task of secret-guarding publicity and education, secret-guarding inspection, defense of secret-guarding techniques, and investigation of secrecy leaks cases, and it shall provide guidance for and supervision of the secret-guarding work of organs and units. (Article 37)
  3. It stipulates that the department for the administration and management of state secret-guarding, if it finds that there is a danger of secrecy leaks within an organ or unit, shall request that the organ or unit adopt measures and rectify the situation within a specified time; it shall order that the use of facilities, equipment, and locations where the danger of secrecy leaks exists be suspended; it shall suggest that the organ or institution in charge penalize personnel involved with secrets who gravely violate the regulations on secrets protection, and remove them from positions that involve state secrets. (Article 39)
  4. It stipulates that the department for the administration and management of state secret-guarding shall carry out investigations of conduct suspected of leaking state secrets or endangering the security of state secrets, and it clarifies the limitations of their respective investigative powers. (Article 40)
  5. It stipulates that the department for the administration and management of state secret-guarding shall carry out an appraisal of whether or not relevant matters in cases of suspected leaks of state secrets are classified as state secrets and to which level of secret classification they belong. (Article 41)
  6. It stipulates that if an organ or unit does not penalize personnel for violations of secret-guarding regulations in accordance with the law, the national department for the administration and management of state secret-guarding shall recommend a correction; if the organ or unit refuses to make corrections, the department shall request that the matter be handled according to law by the organ at the next higher level or by its supervisory organ. (Article 42)

5. The Legal Responsibility for Guarding State Secrets Has Been Strengthened

In order to strengthen the force of protection of state secrets and to severely punish the illegal conduct of leaking secrets, the revised draft supplements the following content based on the legal responsibility stipulated by the current State Secrets Law:

  1. Provisions regarding serious secret-guarding violations and legal responsibility for conduct that has not yet resulted in a leak of secrets have been added. The current law and administrative regulations lack appropriate legal responsibility stipulations regarding serious secret-guarding violations and legal responsibility for conduct that has not yet resulted in a leak of secrets, with the result that much of the conduct that severely threatens the security of state secrets goes uninvestigated.  For this reason, the revised draft lists 12 types of conduct that severely violate the rules; conduct which falls in the first category shall be punished according to the law; conduct which constitutes a crime [and the violator] shall be legally prosecuted and held criminally responsible; individuals for whom disciplinary measures are not applicable shall be subjected to a warning and a fine issued by the department for administration and management of state secret-guarding. (Article 44)   
  2. It adds that if any organ or unit violates the provisions of this law and seriously endangers the security of state secrets, or if there is a case of a major state secrets leak, the chief person directly responsible and other directly responsible personnel shall be penalized according to the law. The personnel for whom disciplinary measures are not applicable shall be subjected to a warning and a fine by the department for administration and management of state secret-guarding. (Article 45)
  3. It adds administrative penalty provisions. (Articles 44 - 48)
  4. It adds legal responsibility for state secret-guarding administrative personnel in the process of performing their state secret-guarding management duties. The revised draft stipulates: any personnel involved in the state secret-guarding management who, in the course of performing their state secret-guarding management duties, abuse their authority, neglect their duty, or engage in bribery or fraud, shall be penalized in accordance with the law; those whose conduct constitutes a crime shall be legally prosecuted and held criminally responsible. (Article 49)
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