Interim Provisions on the Administration of Secret Classification of State Secrets
Interim Provisions on the Administration of Secret Classification of State Secrets
Interim Provisions on the Administration of Secret Classification of State Secrets
Order of the State Secrecy Bureau [2014] No.1
March 9, 2014
The Interim Provisions on the Administration of Secret Classification of State Secrets are hereby promulgated and shall take effect as of the date of promulgation.
Meng Xiangfeng, Minister
Interim Provisions on the Administration of Secret Classification of State Secrets
Chapter I General Provisions
Article 1 In order to strengthen the administration of secret classification of State secrets and regulate the classification of secrets, the Interim Provisions on the Administration of Secret Classification of State Secrets (hereinafter referred to as the "Provisions") are formulated in accordance with the Law of the People's Republic of China on Protecting the State Secrets (hereinafter referred to as the "Law on Protecting the State Secrets") and the implementing regulations thereof.
Article 2 For the purpose of the Provisions, the secret classification refers to the activities of the State organs and the units involving State secrets (hereinafter referred to as the "organs and units") in classifying, modifying and declassifying State secrets in accordance with the law.
Article 3 The Provisions shall apply to the work of the organs and units in respect of secret classification, determination of the persons responsible for secret classification, authorization for secret classification and supervision over secret classification, etc.
Article 4 The organs and units shall classify secrets according to the principles of minimization and accuracy and on the basis of clearly defined rights and obligations, sufficient basis, standardized procedures, timeliness and accuracy, not only ensuring the security of State secrets but also facilitating the reasonable utilization of information resources.
Article 5 The organs and units shall carry out the work in connection with secret classification according to the law, establish and improve relevant management system, organize training and inspection on a regular basis and accept the guidance and supervision by the secret-protection administrative departments and superior organs and units or the competent business departments.
Chapter II Authorization for Secret Classification
Article 6 State organs at the central level, provincial organs and organs at the levels of city with districts and autonomous prefecture (hereinafter referred to as the "authorizing organs") may, based on the work needs or according to the applications of relevant organs and units, grant the authorization for secret classification.
The secret-protection administrative departments shall publish the list of authorizing organs within the relevant scope.
Article 7 A State organ at the central level may decide to grant the authorization for classifying State secrets as top secret, confidential and secret within the scope of work under its responsibility. A provincial organ may decide to grant the authorization for classifying State secrets as top secrets, confidential and secret within the scope of work under its responsibility or within its administrative region. An organ at the level of city with districts or autonomous prefecture may decide to grant the authorization for classifying State secrets as confidential and secret within the scope of work under its responsibility or within its administrative region.
The authorization for secret classification shall not exceed the authority of secret classification of the authorizing organ and the authorized organ or unit shall not grant the authorization again.
Article 8 An authorizing organ may, according to the work needs, grant the authorization for secret classification in respect of specific matters to the organs and units undertaking the secret-involved scientific research or production or other secret-involved tasks within its authority of secret classification.
Article 9 An organ or unit that has no authority of secret classification but often produces the matters of State secrets or that has the authority of secret classification but often produces the matters of State secrets exceeding its authority of secret classification may apply to authorizing organs for authorization for secret classification.
An organ or unit that applies for authorization for secret classification shall file the application with its superior competent business department. If there is no such superior competent business department, the application shall be filed with its superior organ.
An organ or unit that applies for authorization for secret classification shall state in writing the authority of secret classification intended to be applied, the scope of the matters, and the time limit for the authorization as well as the basis and reasons for the application.
Article 10 The authorizing organ shall, after receiving the application for authorization for secret classification, review the application in accordance with the secrecy laws and regulations and the specific scope of the State secrets and the classification thereof (hereinafter referred to as the "scope of confidential matters"). If the application meets the conditions for granting the authorization, the said organ shall make the decision on granting the authorization for secret classification. If the application fails to meet the conditions for granting the authorization, the organ shall make the decision on not granting the authorization.
A decision on granting the authorization for secret classification shall be made in writing, specifying the name of the authorized organ or unit as well as the specific authority of secret classification, the scope of matters and the time limit for the authorization.
Article 11 Authorizing organs shall supervise the authorized organs and units in their exercise of the granted authority of secret classification and shall rectify the problems found in a timely manner.
Where a secret-protection administrative department finds that the authorization for secret classification is improperly granted or an authorized organ or unit improperly exercise the granted authority of secret classification, it shall notify the relevant organ or unit of making rectification.
Article 12 Where an authorized organ or unit no longer often produces matters of State secrets within the scope of authorization or the authorized matters are not State secrets any longer due to the adjustment to the scope of confidential matters, the authorizing organ shall revoke the authorization for secret classification in time.
Where the confidential level of the matters under the authorization changes due to the adjustment to the scope of confidential matters, the authorizing organ shall grant the authorization for secret classification anew.
Article 13 The decisions on granting the authorization and the decisions on revoking the authorization made by State organs at the central level and provincial organs shall be submitted to the State secret-protection administrative department for record-filing.
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