Implementation Regulations for the Law of the People's Republic of China on Guarding State Secrets (Revised in 2024)
Implementation Regulations for the Law of the People's Republic of China on Guarding State Secrets (Revised in 2024)
Implementation Regulations for the Law of the People's Republic of China on Guarding State Secrets (Revised in 2024)
Order of the State Council of the People's Republic of China No. 786
July 10, 2024
The Implementation Regulations for the Law of the People's Republic of China on Guarding State Secrets, revised and adopted at the 35th Executive Meeting of the State Council on June 26, 2024, are hereby promulgated and shall come into force as of September 1, 2024.
Li Qiang, Premier
Implementation Regulations for the Law of the People's Republic of China on Guarding State Secrets (Revised in 2024)
(Promulgated by Order of the State Council of the People's Republic of China No. 646 on January 17, 2014, and revised by Order of the State Council of the People's Republic of China No. 786 on July 10, 2024)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on Guarding State Secrets (the "Law on Guarding State Secrets").
Article 2 The leadership of the Communist Party of China (CPC) in the protection of state secrets (the "secrets protection") shall be upheld and strengthened.
The central leadership agency for state secrets protection shall lead the state secrets protection nationwide, be responsible for the top-level design, overall coordination, comprehensive promotion, and supervision of the implementation of the state secrets protection nationwide.
Local leadership agencies for state secrets protection at all levels shall lead the state secrets protection in their respective regions, and as per the unified deployment of the central leadership agency for state secrets protection, implement the strategies and major policy measures of the CPC and the State for state secrets protection, coordinate the major matters and key tasks concerning state secrets protection, and supervise the strict implementation of state secrets protection laws and regulations.
Article 3 The national secrecy administrative department shall be responsible for state secrets protection nationwide. Local secrecy administrative departments at or above the county level shall, under the guidance of their superior secrecy administrative departments, be responsible for state secrets protection in their respective administrative regions.
Article 4 Central state authorities shall, within their functions and powers, administer or guide state secrets protection of their own system, and supervise the implementation of state secrets protection laws and regulations, and may formulate, based on actual conditions, or collaborate with relevant authorities to formulate, state secrets protection regulations for their competent operations.
Article 5 State authorities and entities involving state secrets (the "authorities and entities") shall not classify matters that should be disclosed according to law as state secrets, nor shall they make public information involving state secrets.
Article 6 The authorities and entities shall adopt the accountability system for secrecy and bear the primary responsibility for the protection of state secrets within their own authorities or entities. The principal officer of an authority or entity shall hold overall responsible for the state secrets protection within that authority or entity. The officer in charge of state secrets protection and the officers in charge of business operations shall be responsible for leading the state secrets protection within their respective areas of responsibility, while staff members shall be directly responsible for state secrets protection in their own positions.
Authorities and entities shall enhance their work force for state secrets protection. Central state authorities shall establish a secrecy working body and appoint full-time cadres for state secrets protection. Other authorities and entities shall, based on their own needs of state secrets protection, establish a secrecy working body or designate dedicated persons to be responsible for state secrets protection.
The implementation of the accountability system for secrecy by authorities, entities, and their staff members shall be included in their annual evaluation and assessment.
Article 7 People's governments at or above the county level shall strengthen the construction of secrecy infrastructure and the provision of key technological products for protecting state secrets.
Secrecy administrative departments at or above the provincial level shall promote independent innovation in science and technology for protecting state secrets, advance the research and development of key technological products for protecting state secrets, and encourage and support research and application of science and technology for protecting state secrets.
Article 8 The funds required for secrecy administrative departments to perform their duties shall be included in the budget at the corresponding level. The funds required for authorities and entities to carry out state secrets protection shall be included in their annual budgets or annual revenue and expenditure plans.
Article 9 Secrecy administrative departments shall organize and carry out regular activities to raise awareness and provide education on state secrets protection. The departments responsible for cadre education and training shall, in conjunction with secrecy administrative departments, perform the duties related to secrets protection education and training for cadres. Cadre education and training institutions shall integrate state secrets protection education into their curricula. Education administrative departments shall promote the integration of state secrets protection education into the national education system. Publicity departments shall guide and encourage mass media to fully play their role in popularizing secrecy knowledge, advancing the rule of law concerning secrecy, and enhancing the security awareness throughout society.
Authorities and entities shall regularly provide education and training for their staff members on topics such as the fine traditions of state secrets protection, the current state and tasks of state secrets protection, state secrets protection laws and regulations, technical measures for protecting state secrets, and lesions from confidentiality violation cases.
Article 10 Secrecy administrative departments shall, in accordance with relevant national regulations, improve incentive and guarantee mechanisms, strengthen the development of dedicated talent teams, professional training, and equipment provision, and enhance the professionalism and standards in state secrets protection. Education administrative departments shall strengthen guidance and support for the development of disciplines and majors related to secrecy.
Article 11 Organizations and individuals with any of the following performances shall be commended and rewarded in accordance with relevant national regulations:
(1) Protecting the security of state secrets in emergency situations;
(2) Making outstanding contributions to maintaining the security of state secrets in major classified activities;
(3) Achieving major achievements or remarkable results in the research and development of science and technology for protecting state secrets;
(4) Promptly reporting acts of leaking or illegally acquiring or holding any state secret;
(5) Upon discovering others leaking or possibly leaking any state secret, immediately taking remedial measures to prevent or mitigate harmful consequences;
(6) Working in secrecy management or other sensitive positions, being loyal to their duties, strictly protecting state secrets, and demonstrating outstanding performance; or
(7) Making other outstanding contributions to safeguarding or protecting state secrets.
Chapter II Scope of State Secrets and Classification Levels
Article 12 The specific scope of state secrets and their classification levels (the "scope of secrecy matters") shall clearly specify the names of specific state secrecy matters, classification levels, classification periods, scope of access, and the levels at which they are generated.
The scope of secrecy matters shall be adjusted in a timely manner in response to changing circumstances. For the formulation or revision of the scope of secrecy matters, thorough research shall be conducted, and opinions shall be sought from relevant authorities, entities, and experts in relevant industries and fields.
Article 13 An authority or entity with the authority to assess the state secrets classification shall, based on the scope of secrecy matters in its own industry or field, and related industries or fields, formulate a list of state secret matters and file it with the secrecy administrative department at the same level for the record. The list of state secret matters shall be revised in a timely manner according to the scope of secrecy matters.
Article 14 The principal officer of an authority or entity shall be the legally designated person in charge of assessing state secrets classification for that authority or entity. Based on work needs, other officers of that authority or entity, officers of internal organizations, or other persons may be specified as designated persons in charge of assessing state secrets classification.
Persons in charge of assessing state secrets classification and persons handling such matter shall undergo training on state secrets classification assessment, be familiar with their duties related to state secrets classification assessment and the scope of secrecy matters, and master the procedures and methods for assessing state secrets classification.
Article 15 The person in charge of assessing state secrets classification shall undertake the tasks of determining, modifying, and declassifying state secrets within their scope of duties, and shall guide and supervise the state secret classification assessment within their scope of duties. Their specific duties are:
(1) To review and approve the classification level, classification period and scope of access of state secrets as proposed by the person handling such matter;
(2) To review state secrets determined by their own authority or entity that are still within the classification period, and make decisions on whether to modify or declassify them;
(3) To participate in the formulation and revision of the list of state secret matters for their own authority or entity; and
(4) To preliminarily determine the classification level, classification period, scope of access for matters where it is unclear whether they are state secrets or what classification level they should have, and report to the secrecy administrative department for determination according to the prescribed procedures.
Article 16 A central state authority, a provincial-level authority, or an authority at the level of city with districts may, based on the needs of state secrets protection or upon application by a relevant authority or entity, grant state secrets classification authorization within the scope of authority to assess state secrets classification and the scope of authorization stipulated by the national secrecy administrative department.
If authorization cannot be granted in accordance with the preceding paragraph, the secrecy administrative department at or above the provincial level may, based on the needs of state secrets protection or upon application by the relevant authority or entity, grant authorization for state secrets classification assessment.
The said authorization shall be granted in writing. The authorizing authority shall oversee the exercise of authorization for assessing state secrets classification by the authorized authority or entity. The authorized authority or entity shall not further delegate such authorization.
The authorization granted by central state authorities, provincial-level authorities, and secrecy administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government shall be filed with the national secrecy administrative department for the record; the authorization granted by authorities in cities with districts shall be filed with the secrecy administrative departments of provinces, autonomous regions, or municipalities directly under the Central Government for the record.
Article 17 When a state secret is generated, the responsible person in charge of the matter of an authority or entity shall preliminarily assess its classification level, classification period, and scope of access based on the relevant scope of secrecy matters, and report to the person in charge of assessing state secrets classification for review and approval, and then take corresponding confidentiality measures.
For matters that should be classified as state secrets but are beyond the classification authority of that authority or entity, the authority or entity shall first take confidentiality measures, and then report to its superior authority or entity for determination as per legal procedures; in the absence of such superior authority or entity, the matter shall be reported to the competent department with the classification authority or the secrecy administrative department for determination.
When an authority or entity determines a state secret, if specific secret elements can be identified, they shall be determined and marked in accordance with national state secrets protection regulations.
Article 18 When an authority or entity executes a state secret matter determined by its superior authority or handles a state secret matter determined by other authorities or entities, it shall assess the classification of a derived matter based on the classification level, classification period, scope of access of the state secret matter being executed or handled, if any of the following circumstances exists:
(1) The derived matter is identical to the already determined state secret matter;
(2) The derived matter involves the secret elements of the already determined state secret matter;
(3) The derived matter is a summary, compilation, or specific elaboration of the already determined state secret matter; or
(4) The original authority or entity assessing the state secret classification has specific classification requirements for the use of the already determined state secret matter.
Article 19 An authority or entity shall, in accordance with the provisions on the scope of secrecy matters, determine the specific classification period or date of declassification for a state secret generated within the authority or entity; where the period cannot be defined, the conditions for declassification shall be specified.
The classification period for a state secret shall be calculated from the date of issuance marked on the document; where the date of issuance cannot be marked, the authority or entity that determined the state secret shall notify in writing the authorities, entities, and persons within the scope of access, and the classification period shall be calculated from the date of notification.
Article 20 An authority or entity shall, in accordance with the law, limit the scope of access of state secrets, and shall keep records of persons who are privy to state secrets at or above the confidential level.
Article 21 Obvious parts of state secret carriers as well as equipment and products classified as state secrets (the "classified items") shall have marking of state secrets.
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Order of the State Council of the People's Republic of China No. 786
July 10, 2024
The Implementation Regulations for the Law of the People's Republic of China on Guarding State Secrets, revised and adopted at the 35th Executive Meeting of the State Council on June 26, 2024, are hereby promulgated and shall come into force as of September 1, 2024.
Li Qiang, Premier
Implementation Regulations for the Law of the People's Republic of China on Guarding State Secrets (Revised in 2024)
(Promulgated by Order of the State Council of the People's Republic of China No. 646 on January 17, 2014, and revised by Order of the State Council of the People's Republic of China No. 786 on July 10, 2024)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on Guarding State Secrets (the "Law on Guarding State Secrets").
Article 2 The leadership of the Communist Party of China (CPC) in the protection of state secrets (the "secrets protection") shall be upheld and strengthened.
The central leadership agency for state secrets protection shall lead the state secrets protection nationwide, be responsible for the top-level design, overall coordination, comprehensive promotion, and supervision of the implementation of the state secrets protection nationwide.
Local leadership agencies for state secrets protection at all levels shall lead the state secrets protection in their respective regions, and as per the unified deployment of the central leadership agency for state secrets protection, implement the strategies and major policy measures of the CPC and the State for state secrets protection, coordinate the major matters and key tasks concerning state secrets protection, and supervise the strict implementation of state secrets protection laws and regulations.
Article 3 The national secrecy administrative department shall be responsible for state secrets protection nationwide. Local secrecy administrative departments at or above the county level shall, under the guidance of their superior secrecy administrative departments, be responsible for state secrets protection in their respective administrative regions.
Article 4 Central state authorities shall, within their functions and powers, administer or guide state secrets protection of their own system, and supervise the implementation of state secrets protection laws and regulations, and may formulate, based on actual conditions, or collaborate with relevant authorities to formulate, state secrets protection regulations for their competent operations.
Article 5 State authorities and entities involving state secrets (the "authorities and entities") shall not classify matters that should be disclosed according to law as state secrets, nor shall they make public information involving state secrets.
Article 6 The authorities and entities shall adopt the accountability system for secrecy and bear the primary responsibility for the protection of state secrets within their own authorities or entities. The principal officer of an authority or entity shall hold overall responsible for the state secrets protection within that authority or entity. The officer in charge of state secrets protection and the officers in charge of business operations shall be responsible for leading the state secrets protection within their respective areas of responsibility, while staff members shall be directly responsible for state secrets protection in their own positions.
Authorities and entities shall enhance their work force for state secrets protection. Central state authorities shall establish a secrecy working body and appoint full-time cadres for state secrets protection. Other authorities and entities shall, based on their own needs of state secrets protection, establish a secrecy working body or designate dedicated persons to be responsible for state secrets protection.
The implementation of the accountability system for secrecy by authorities, entities, and their staff members shall be included in their annual evaluation and assessment.
Article 7 People's governments at or above the county level shall strengthen the construction of secrecy infrastructure and the provision of key technological products for protecting state secrets.
Secrecy administrative departments at or above the provincial level shall promote independent innovation in science and technology for protecting state secrets, advance the research and development of key technological products for protecting state secrets, and encourage and support research and application of science and technology for protecting state secrets.
Article 8 The funds required for secrecy administrative departments to perform their duties shall be included in the budget at the corresponding level. The funds required for authorities and entities to carry out state secrets protection shall be included in their annual budgets or annual revenue and expenditure plans.
Article 9 Secrecy administrative departments shall organize and carry out regular activities to raise awareness and provide education on state secrets protection. The departments responsible for cadre education and training shall, in conjunction with secrecy administrative departments, perform the duties related to secrets protection education and training for cadres. Cadre education and training institutions shall integrate state secrets protection education into their curricula. Education administrative departments shall promote the integration of state secrets protection education into the national education system. Publicity departments shall guide and encourage mass media to fully play their role in popularizing secrecy knowledge, advancing the rule of law concerning secrecy, and enhancing the security awareness throughout society.
Authorities and entities shall regularly provide education and training for their staff members on topics such as the fine traditions of state secrets protection, the current state and tasks of state secrets protection, state secrets protection laws and regulations, technical measures for protecting state secrets, and lesions from confidentiality violation cases.
Article 10 Secrecy administrative departments shall, in accordance with relevant national regulations, improve incentive and guarantee mechanisms, strengthen the development of dedicated talent teams, professional training, and equipment provision, and enhance the professionalism and standards in state secrets protection. Education administrative departments shall strengthen guidance and support for the development of disciplines and majors related to secrecy.
Article 11 Organizations and individuals with any of the following performances shall be commended and rewarded in accordance with relevant national regulations:
(1) Protecting the security of state secrets in emergency situations;
(2) Making outstanding contributions to maintaining the security of state secrets in major classified activities;
(3) Achieving major achievements or remarkable results in the research and development of science and technology for protecting state secrets;
(4) Promptly reporting acts of leaking or illegally acquiring or holding any state secret;
(5) Upon discovering others leaking or possibly leaking any state secret, immediately taking remedial measures to prevent or mitigate harmful consequences;
(6) Working in secrecy management or other sensitive positions, being loyal to their duties, strictly protecting state secrets, and demonstrating outstanding performance; or
(7) Making other outstanding contributions to safeguarding or protecting state secrets.
Chapter II Scope of State Secrets and Classification Levels
Article 12 The specific scope of state secrets and their classification levels (the "scope of secrecy matters") shall clearly specify the names of specific state secrecy matters, classification levels, classification periods, scope of access, and the levels at which they are generated.
The scope of secrecy matters shall be adjusted in a timely manner in response to changing circumstances. For the formulation or revision of the scope of secrecy matters, thorough research shall be conducted, and opinions shall be sought from relevant authorities, entities, and experts in relevant industries and fields.
Article 13 An authority or entity with the authority to assess the state secrets classification shall, based on the scope of secrecy matters in its own industry or field, and related industries or fields, formulate a list of state secret matters and file it with the secrecy administrative department at the same level for the record. The list of state secret matters shall be revised in a timely manner according to the scope of secrecy matters.
Article 14 The principal officer of an authority or entity shall be the legally designated person in charge of assessing state secrets classification for that authority or entity. Based on work needs, other officers of that authority or entity, officers of internal organizations, or other persons may be specified as designated persons in charge of assessing state secrets classification.
Persons in charge of assessing state secrets classification and persons handling such matter shall undergo training on state secrets classification assessment, be familiar with their duties related to state secrets classification assessment and the scope of secrecy matters, and master the procedures and methods for assessing state secrets classification.
Article 15 The person in charge of assessing state secrets classification shall undertake the tasks of determining, modifying, and declassifying state secrets within their scope of duties, and shall guide and supervise the state secret classification assessment within their scope of duties. Their specific duties are:
(1) To review and approve the classification level, classification period and scope of access of state secrets as proposed by the person handling such matter;
(2) To review state secrets determined by their own authority or entity that are still within the classification period, and make decisions on whether to modify or declassify them;
(3) To participate in the formulation and revision of the list of state secret matters for their own authority or entity; and
(4) To preliminarily determine the classification level, classification period, scope of access for matters where it is unclear whether they are state secrets or what classification level they should have, and report to the secrecy administrative department for determination according to the prescribed procedures.
Article 16 A central state authority, a provincial-level authority, or an authority at the level of city with districts may, based on the needs of state secrets protection or upon application by a relevant authority or entity, grant state secrets classification authorization within the scope of authority to assess state secrets classification and the scope of authorization stipulated by the national secrecy administrative department.
If authorization cannot be granted in accordance with the preceding paragraph, the secrecy administrative department at or above the provincial level may, based on the needs of state secrets protection or upon application by the relevant authority or entity, grant authorization for state secrets classification assessment.
The said authorization shall be granted in writing. The authorizing authority shall oversee the exercise of authorization for assessing state secrets classification by the authorized authority or entity. The authorized authority or entity shall not further delegate such authorization.
The authorization granted by central state authorities, provincial-level authorities, and secrecy administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government shall be filed with the national secrecy administrative department for the record; the authorization granted by authorities in cities with districts shall be filed with the secrecy administrative departments of provinces, autonomous regions, or municipalities directly under the Central Government for the record.
Article 17 When a state secret is generated, the responsible person in charge of the matter of an authority or entity shall preliminarily assess its classification level, classification period, and scope of access based on the relevant scope of secrecy matters, and report to the person in charge of assessing state secrets classification for review and approval, and then take corresponding confidentiality measures.
For matters that should be classified as state secrets but are beyond the classification authority of that authority or entity, the authority or entity shall first take confidentiality measures, and then report to its superior authority or entity for determination as per legal procedures; in the absence of such superior authority or entity, the matter shall be reported to the competent department with the classification authority or the secrecy administrative department for determination.
When an authority or entity determines a state secret, if specific secret elements can be identified, they shall be determined and marked in accordance with national state secrets protection regulations.
Article 18 When an authority or entity executes a state secret matter determined by its superior authority or handles a state secret matter determined by other authorities or entities, it shall assess the classification of a derived matter based on the classification level, classification period, scope of access of the state secret matter being executed or handled, if any of the following circumstances exists:
(1) The derived matter is identical to the already determined state secret matter;
(2) The derived matter involves the secret elements of the already determined state secret matter;
(3) The derived matter is a summary, compilation, or specific elaboration of the already determined state secret matter; or
(4) The original authority or entity assessing the state secret classification has specific classification requirements for the use of the already determined state secret matter.
Article 19 An authority or entity shall, in accordance with the provisions on the scope of secrecy matters, determine the specific classification period or date of declassification for a state secret generated within the authority or entity; where the period cannot be defined, the conditions for declassification shall be specified.
The classification period for a state secret shall be calculated from the date of issuance marked on the document; where the date of issuance cannot be marked, the authority or entity that determined the state secret shall notify in writing the authorities, entities, and persons within the scope of access, and the classification period shall be calculated from the date of notification.
Article 20 An authority or entity shall, in accordance with the law, limit the scope of access of state secrets, and shall keep records of persons who are privy to state secrets at or above the confidential level.
Article 21 Obvious parts of state secret carriers as well as equipment and products classified as state secrets (the "classified items") shall have marking of state secrets.
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