Law of the People's Republic of China on Protecting State Secrets
Law of the People's Republic of China on Protecting State Secrets
[Lexis China Comments]
According to the Law of the People's Republic of China on Guarding State Secrets (Revised in 2024) (Order of the President of the People's Republic of China No. 20), this document has been revised.
Law of the People's Republic of China Protecting the State Secrets
Order of the President of the People's Republic of China No. 28
April 29, 2010
The Law of the People's Republic of China on Protecting State Secrets, revised and adopted at the 14th Session of the 11th Standing Committee of the National People's Congress of the People's Republic of China on April 29, 2010,is hereby promulgated and shall come into effect as of October 1, 2010.
President of the People's Republic of China: Hu Jintao
Law of the People's Republic of China on Protecting State Secrets
(Adopted at the third session of the Standing Committee of 7th National People's Congress of the People's Republic of China on September 5, 1988 and revised at the 14th session of the Standing Committee of 11th National People's Congress of the People's Republic of China on April 29, 2010)
Table of Contents
Chapter I General Provisions
Chapter II Scope and Categories of State Secrets
Chapter III Secrecy System
Chapter IV Supervision and Administration
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated to guard state secrets, protect national security and interests and guarantee the smooth progress of the reform and opening-up and the socialist development.
Article 2 State secrets refer to matters that have a vital bearing on state security and national
interests, being specified by legal procedures, and are permitted to be disclosed to a
limited number of people during a given period of time.
Article 3. State secrets shall be protected by laws. All state organs, armed forces, political parties, social organizations, enterprises, institutions and citizens shall have the obligation to
guard state secrets. Any conduct that will endanger or harm the security of state secrets shall be prosecuted according to laws.
Article 4 In order to ensure the security of the state secrets and facilitate the reasonable utilization of information resources, the work of protection state secrets (hereinafter referred to as the "secrecy work") shall be carried out in line with the principles of actively preventing leakage, laying emphasis on priorities and management according to laws. Matters that are required to be disclosed by laws and administrative regulations shall be disclosed according to laws.
Article 5 The state secret-protection department shall be responsible for the secrecy work all through the state. The local secret-protection departments at or above the county level shall, within the scope of their functions and powers, be responsible for the protection of state secrets in the administrative areas under their jurisdiction.
Article 6 State organs and institutions having awareness of state secrets (hereinafter referred to as "organs or institutions") shall administer the secrecy work within their own organs or institutions. The central state organs shall, within their functions and powers, administer or guide the secrecy work of their own system.
Article 7 The organs and institutions shall adopt the secret-protection accountability system, improve the secret-protection management systems, perfect protective secret protection measures, carry out secret-protection publicity and education, and strengthen the secret-protection inspection.
Article 8 The state shall reward institutions or individuals that have made notable achievements in protection and protecting state secrets and improving techniques and measures etc. for protection secrets.
Chapter II Scope and Categories of State Secrets
Article 9 The following matters involving state security and national interests shall be determined as state secrets if the leakage of such matters is likely to prejudice the state security and national interests in the field of politics, economy, national defense and foreign affairs, etc. shall be determined as state secrets:
(1) secrets concerning major policy decisions on state affairs;
(2) secrets concerning the construction of national defense and activities of the armed forces;
(3) secrets concerning diplomatic activities and foreign affairs as well as secrets to be maintained as commitments to foreign countries;
(4) secrets concerning 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 that are categorized as state secrets by the state secret-protection department.
Secrets of political parties that conform to the provisions of the preceding paragraphs shall be state secrets.
Article 10 State secrets shall be categorized into three levels: top-secret, secret and confidential.
State secrets at the top-secret level are vital state secrets, the leakage of which would cause extremely serious harm to the national security and interests; state secrets at the secret level are important state secrets, the leakage of which would cause serious harm to the national security and interests; state secrets at the confidential level are common state secrets, the leakage of which would cause harm to the national security and interests.
Article 11 The specific scope and categories of state secrets shall be determined by the state secret-protection department respectively with the ministries of foreign affairs, the public security department, the national security department and other central organs concerned.
The specific scope and categories of state secrets related to military affairs shall be determined by the Central Military Commission.
......
According to the Law of the People's Republic of China on Guarding State Secrets (Revised in 2024) (Order of the President of the People's Republic of China No. 20), this document has been revised.
Law of the People's Republic of China Protecting the State Secrets
Order of the President of the People's Republic of China No. 28
April 29, 2010
The Law of the People's Republic of China on Protecting State Secrets, revised and adopted at the 14th Session of the 11th Standing Committee of the National People's Congress of the People's Republic of China on April 29, 2010,is hereby promulgated and shall come into effect as of October 1, 2010.
President of the People's Republic of China: Hu Jintao
Law of the People's Republic of China on Protecting State Secrets
(Adopted at the third session of the Standing Committee of 7th National People's Congress of the People's Republic of China on September 5, 1988 and revised at the 14th session of the Standing Committee of 11th National People's Congress of the People's Republic of China on April 29, 2010)
Table of Contents
Chapter I General Provisions
Chapter II Scope and Categories of State Secrets
Chapter III Secrecy System
Chapter IV Supervision and Administration
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated to guard state secrets, protect national security and interests and guarantee the smooth progress of the reform and opening-up and the socialist development.
Article 2 State secrets refer to matters that have a vital bearing on state security and national
interests, being specified by legal procedures, and are permitted to be disclosed to a
limited number of people during a given period of time.
Article 3. State secrets shall be protected by laws. All state organs, armed forces, political parties, social organizations, enterprises, institutions and citizens shall have the obligation to
guard state secrets. Any conduct that will endanger or harm the security of state secrets shall be prosecuted according to laws.
Article 4 In order to ensure the security of the state secrets and facilitate the reasonable utilization of information resources, the work of protection state secrets (hereinafter referred to as the "secrecy work") shall be carried out in line with the principles of actively preventing leakage, laying emphasis on priorities and management according to laws. Matters that are required to be disclosed by laws and administrative regulations shall be disclosed according to laws.
Article 5 The state secret-protection department shall be responsible for the secrecy work all through the state. The local secret-protection departments at or above the county level shall, within the scope of their functions and powers, be responsible for the protection of state secrets in the administrative areas under their jurisdiction.
Article 6 State organs and institutions having awareness of state secrets (hereinafter referred to as "organs or institutions") shall administer the secrecy work within their own organs or institutions. The central state organs shall, within their functions and powers, administer or guide the secrecy work of their own system.
Article 7 The organs and institutions shall adopt the secret-protection accountability system, improve the secret-protection management systems, perfect protective secret protection measures, carry out secret-protection publicity and education, and strengthen the secret-protection inspection.
Article 8 The state shall reward institutions or individuals that have made notable achievements in protection and protecting state secrets and improving techniques and measures etc. for protection secrets.
Chapter II Scope and Categories of State Secrets
Article 9 The following matters involving state security and national interests shall be determined as state secrets if the leakage of such matters is likely to prejudice the state security and national interests in the field of politics, economy, national defense and foreign affairs, etc. shall be determined as state secrets:
(1) secrets concerning major policy decisions on state affairs;
(2) secrets concerning the construction of national defense and activities of the armed forces;
(3) secrets concerning diplomatic activities and foreign affairs as well as secrets to be maintained as commitments to foreign countries;
(4) secrets concerning 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 that are categorized as state secrets by the state secret-protection department.
Secrets of political parties that conform to the provisions of the preceding paragraphs shall be state secrets.
Article 10 State secrets shall be categorized into three levels: top-secret, secret and confidential.
State secrets at the top-secret level are vital state secrets, the leakage of which would cause extremely serious harm to the national security and interests; state secrets at the secret level are important state secrets, the leakage of which would cause serious harm to the national security and interests; state secrets at the confidential level are common state secrets, the leakage of which would cause harm to the national security and interests.
Article 11 The specific scope and categories of state secrets shall be determined by the state secret-protection department respectively with the ministries of foreign affairs, the public security department, the national security department and other central organs concerned.
The specific scope and categories of state secrets related to military affairs shall be determined by the Central Military Commission.
......