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Law of the People's Republic of China on State Security

Release time:2022-04-12 00:00

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Chapter 1

General Principles

Article 1: In order to safeguard national security, protect the people's democratic dictatorship and the socialist system with Chinese characteristics, protect the fundamental interests of the people, ensure the smooth progress of reform and opening up and socialist modernization construction, and achieve the great rejuvenation of the Chinese nation, this Law is formulated in accordance with the Constitution.

Article 2 National security refers to the ability of a country's political power, sovereignty, unity and territorial integrity, people's well-being, sustainable economic and social development, and other major national interests to be relatively safe and free from internal and external threats, as well as to ensure a sustained state of security.

Article 3: National security work should adhere to the overall national security concept, with people's security as the purpose, political security as the foundation, economic security as the basis, military, cultural, and social security as guarantees, and promoting international security as the basis. It should maintain national security in various fields, build a national security system, and take the path of national security with Chinese characteristics.

Article 4 Adhere to the leadership of the CPC over national security work and establish a centralized, unified, efficient and authoritative leadership system for national security.

Article 5: The central national security leadership institutions are responsible for making decisions and coordinating national security work, researching, formulating, and guiding the implementation of national security strategies and relevant major policies, coordinating major national security issues and important work, and promoting the construction of national security rule of law.

Article 6: The state shall formulate and continuously improve its national security strategy, comprehensively evaluate the international and domestic security situation, clarify the guiding principles, medium - and long-term goals, national security policies, work tasks, and measures in key areas of the national security strategy.

Article 7: To safeguard national security, one shall abide by the Constitution and laws, adhere to the principles of socialist rule of law, respect and safeguard human rights, and protect the rights and freedoms of citizens in accordance with the law.

Article 8: Safeguarding national security should be coordinated with economic and social development.

National security work should coordinate internal and external security, homeland security and national security, traditional and non-traditional security, self security and common security.

Article 9: In safeguarding national security, we should adhere to the principle of prevention as the mainstay, addressing both the symptoms and root causes, combining specialized work with the mass line, fully leveraging the functional role of specialized agencies and other relevant agencies in safeguarding national security, widely mobilizing citizens and organizations, and preventing, stopping, and punishing acts that endanger national security in accordance with the law.

Article 10: To safeguard national security, we should adhere to mutual trust, mutual benefit, equality, and cooperation, actively engage in security exchanges and cooperation with foreign governments and international organizations, fulfill international security obligations, promote common security, and maintain world peace.

Article 11: Chinese citizens, all state organs and armed forces, political parties and people's organizations, enterprises, institutions and other social organizations have the responsibility and obligation to safeguard national security.

China's sovereignty and territorial integrity are inviolable and indivisible. Safeguarding national sovereignty, unity, and territorial integrity is a common obligation of all Chinese people, including compatriots in Hong Kong, Macao, and Taiwan.

Article 12: The state shall commend and reward individuals and organizations who have made outstanding contributions in safeguarding national security.

Article 13: If state officials abuse their power, neglect their duties, or engage in favoritism and fraud in national security work or activities related to national security, they shall be held legally responsible in accordance with the law.

Any individual or organization that violates this Law and relevant laws, fails to fulfill their obligations to safeguard national security, or engages in activities that endanger national security shall be held legally responsible in accordance with the law.

Article 14: April 15th of each year is designated as National Security Education Day for all citizens.

Chapter 2

The task of safeguarding national security

Article 15 The State upholds the leadership of the CPC, upholds the system of socialism with Chinese characteristics, develops socialist democracy, improves the socialist rule of law, strengthens the mechanism for restricting and supervising the operation of power, and safeguards the rights of the people to be masters of their own affairs.

The state shall prevent, stop, and punish in accordance with the law any act of treason, secession, inciting rebellion, subversion, or inciting subversion of the people's democratic dictatorship; Prevent, stop, and lawfully punish acts that endanger national security, such as stealing and leaking state secrets; Prevent, stop, and lawfully punish the infiltration, sabotage, subversion, and separatist activities of foreign forces.

Article 16: The state shall safeguard and develop the fundamental interests of the broadest masses of the people, safeguard their safety, create favorable conditions for survival and development, and maintain a stable working and living environment, ensuring the safety of citizens' lives, property, and other legitimate rights and interests.

Article 17: The state shall strengthen the construction of border defense, coastal defense, and air defense, take all necessary defense and control measures, safeguard the security of territorial land, internal waters, territorial waters, and airspace, and safeguard national territorial sovereignty and maritime rights and interests.

Article 18: The state strengthens the revolutionization, modernization, and regularization of the armed forces, and builds armed forces that are in line with the needs of safeguarding national security and developing interests; Implement the policy of active defense military strategy, guard against and resist aggression, and stop armed subversion and separatism; Carry out international military security cooperation, implement UN peacekeeping, international rescue, maritime escort, and military operations to safeguard national overseas interests, safeguard national sovereignty, security, territorial integrity, development interests, and world peace.

Article 19: The state maintains the basic economic system of the country and the socialist market economic order, improves the institutional mechanisms for preventing and resolving economic security risks, and guarantees the security of important industries and key areas, key industries, major infrastructure and construction projects that are related to the lifeline of the national economy, as well as other major economic interests.

Article 20: The state shall improve macro prudential management of finance and mechanisms for preventing and disposing of financial risks, strengthen the construction of financial infrastructure and basic capabilities, prevent and resolve systemic and regional financial risks, and prevent and resist the impact of external financial risks.

Article 21: The state shall make rational use of and protect resources and energy, effectively control the development of strategic resources and energy, strengthen the reserve of strategic resources and energy, improve the construction of strategic transportation channels and safety protection measures for resources and energy, strengthen international cooperation in resources and energy, comprehensively enhance emergency support capabilities, and ensure the sustained, reliable, and effective supply of resources and energy needed for economic and social development.

Article 22: The state shall establish a sound food security guarantee system, protect and enhance the comprehensive production capacity of grain, improve the grain reserve system, circulation system, and market regulation mechanism, establish a sound food security early warning system, and ensure the supply and quality safety of grain.

Article 23: The state adheres to the direction of advancing socialist advanced culture, inherits and promotes the excellent traditional culture of the Chinese nation, cultivates and practices socialist core values, prevents and resists the influence of negative culture, grasps the leading position in the ideological field, and enhances the overall strength and competitiveness of culture.

Article 24: The state strengthens the construction of independent innovation capabilities, accelerates the development of independent and controllable strategic high-tech and core key technologies in important fields, strengthens the application, protection, and scientific and technological confidentiality capabilities of intellectual property, and ensures the security of major technologies and projects.

Article 25: The state shall establish a network and information security guarantee system, enhance the ability to protect network and information security, strengthen innovative research and development of network and information technology, and achieve the security and controllability of network and information core technologies, key infrastructure, and important field information systems and data; Strengthen network management, prevent, stop, and punish illegal and criminal activities such as network attacks, network intrusions, network theft, and dissemination of illegal and harmful information in accordance with the law, and safeguard national sovereignty, security, and development interests in cyberspace.

Article 26: The state adheres to and improves the system of regional ethnic autonomy, consolidates and develops socialist ethnic relations of equality, unity, mutual assistance, and harmony. Adhere to the principle of equality among all ethnic groups, strengthen ethnic exchanges, communication, and integration, prevent, stop, and punish ethnic separatism activities in accordance with the law, maintain national unity, ethnic solidarity, and social harmony, and achieve common unity, struggle, prosperity, and development among all ethnic groups.

Article 27: The state protects citizens' freedom of religious belief and normal religious activities in accordance with the law, adheres to the principle of religious independence and self-management, prevents, stops, and punishes illegal and criminal activities that endanger national security in the name of religion, opposes foreign forces interfering in domestic religious affairs, and maintains the order of normal religious activities.

The state has lawfully banned cult organizations, prevented, stopped, and punished illegal and criminal activities of cults.

Article 28: The state opposes all forms of terrorism and extremism, strengthens the capacity building for preventing and dealing with terrorism, carries out intelligence, investigation, prevention, disposal, and fund supervision work in accordance with the law, bans terrorist organizations and severely punishes violent terrorist activities in accordance with the law.

Article 29: The state shall establish a sound and effective system and mechanism for preventing and resolving social conflicts, improve the public safety system, actively prevent, reduce, and resolve social conflicts, properly handle emergencies that affect national security and social stability such as public health and social security, promote social harmony, and maintain public safety and social stability.

Article 30: The state shall improve the system of ecological environment protection, increase efforts in ecological construction and environmental protection, delineate ecological protection red lines, strengthen early warning and prevention of ecological risks, properly handle sudden environmental incidents, ensure that the natural environment and conditions such as atmosphere, water, and soil that people rely on for survival and development are not threatened or damaged, and promote harmonious development between humans and nature.

Article 31: The state adheres to the peaceful use of nuclear energy and technology, strengthens international cooperation, prevents nuclear proliferation, improves non-proliferation mechanisms, enhances safety management, supervision, and protection of nuclear facilities, materials, activities, and waste disposal, strengthens emergency response systems and capabilities for nuclear accidents, prevents, controls, and eliminates the harm of nuclear accidents to citizens' lives, health, and the ecological environment, and continuously enhances the ability to effectively respond to and prevent nuclear threats and attacks.

Article 32: The state adheres to the peaceful exploration and utilization of outer space, international seabed areas, and polar regions, enhances the ability for safe access, scientific exploration, and development and utilization, strengthens international cooperation, and safeguards the security of China's activities, assets, and other interests in outer space, international seabed areas, and polar regions.

Article 33: The state shall take necessary measures in accordance with the law to protect the security and legitimate rights and interests of Chinese citizens, organizations, and institutions overseas, and to safeguard the overseas interests of the state from threats and infringements.

Article 34: The state shall continuously improve the task of safeguarding national security in accordance with the needs of economic and social development and national development interests.

Chapter 3

The responsibility of safeguarding national security

Article 35: The National People's Congress shall, in accordance with the provisions of the Constitution, decide on issues of war and peace, and exercise other powers related to national security as provided for in the Constitution.

The Standing Committee of the National People's Congress, in accordance with the provisions of the Constitution, decides on the declaration of a state of war, decides on national mobilization or partial mobilization, decides on the state of emergency for the whole country or individual provinces, autonomous regions, and municipalities directly under the Central Government, and exercises other powers related to national security as stipulated by the Constitution and granted by the National People's Congress.

Article 36: The President of the People's Republic of China shall, in accordance with the decisions of the National People's Congress and its Standing Committee, declare a state of emergency, declare a state of war, issue mobilization orders, and exercise other powers related to national security as stipulated in the Constitution.

Article 37: The State Council shall, in accordance with the Constitution and laws, formulate administrative regulations related to national security, prescribe relevant administrative measures, and issue relevant decisions and orders; Implementing national security laws, regulations, and policies; According to legal provisions, it is decided that some areas within the scope of provinces, autonomous regions, and municipalities directly under the central government will enter a state of emergency; Exercise other powers related to national security as stipulated by the Constitution and laws, and authorized by the National People's Congress and its Standing Committee.

Article 38: The Central Military Commission shall lead the armed forces of the whole country, determine military strategies and combat policies of the armed forces, unify the command of military actions to safeguard national security, formulate military regulations related to national security, and issue relevant decisions and orders.

Article 39: Each department of central state organs shall, in accordance with their respective responsibilities, implement national security policies, laws and regulations, and manage and guide national security work in their respective systems and fields.

Article 40: Local people's congresses at all levels and standing committees of local people's congresses at or above the county level shall ensure compliance with and enforcement of national security laws and regulations within their respective administrative regions.

Local governments at all levels shall manage national security work within their administrative regions in accordance with laws and regulations.

The Hong Kong Special Administrative Region and the Macao Special Administrative Region shall fulfill their responsibilities in safeguarding national security.

Article 41: People's courts exercise judicial power in accordance with the law, and people's procuratorates exercise prosecutorial power in accordance with the law to punish crimes that endanger national security.

Article 42: National security organs and public security organs shall collect intelligence information related to national security in accordance with the law, and exercise investigation, detention, preliminary examination, arrest execution, and other powers prescribed by law in national security work.

Military organs shall exercise relevant powers in accordance with the law in national security work.

Article 43: State organs and their staff shall implement the principle of safeguarding national security when performing their duties.

State organs and their staff shall strictly perform their duties in accordance with the law in national security work and activities related to national security, and shall not exceed their authority, abuse their power, or infringe upon the legitimate rights and interests of individuals and organizations.

Chapter Four

National Security System

Section 1 General Provisions

Article 44: The central national security leadership shall implement a unified, decentralized, coordinated and efficient national security system and working mechanism.

Article 45: The state shall establish a coordination mechanism for work in key areas of national security, and coordinate the relevant central functional departments to promote related work.

Article 46: The state shall establish a mechanism for supervising, inspecting, and holding accountable national security work to ensure the implementation of national security strategies and major deployments.

Article 47: All departments and regions shall take effective measures to implement the national security strategy.

Article 48: The state shall establish a cross departmental consultation mechanism in accordance with the needs of safeguarding national security work, to discuss and judge major issues related to safeguarding national security work, and to put forward opinions and suggestions.

Article 49: The state shall establish a collaborative mechanism for national security between the central and local governments, departments, military and civilian forces, and regions.

Article 50: The state shall establish a national security decision-making consultation mechanism, organize experts and relevant parties to conduct analysis and judgment of the national security situation, and promote scientific decision-making on national security.

Section 2 Intelligence Information

Article 51: The state shall establish a unified, responsive, accurate, efficient, and smooth system for collecting, analyzing, and using intelligence information, establish a coordination mechanism for intelligence information work, and achieve timely collection, accurate analysis, effective use, and sharing of intelligence information.

Article 52: National security organs, public security organs, and relevant military organs shall collect intelligence information related to national security in accordance with their respective responsibilities and in accordance with the law.

During the performance of their duties, various departments of state organs shall promptly report any information related to national security that they obtain.

Article 53: In carrying out intelligence and information work, modern scientific and technological means should be fully utilized to strengthen the identification, screening, synthesis, and analysis of intelligence and information.

Article 54: The submission of intelligence information shall be timely, accurate, and objective, and shall not be delayed, omitted, concealed, or falsely reported.

Section 3 Risk Prevention, Assessment, and Early Warning

Article 55: The state shall formulate and improve contingency plans for addressing national security risks in various fields.

Article 56: The state shall establish a national security risk assessment mechanism and regularly conduct investigations and assessments of national security risks in various fields.

Relevant departments should regularly submit national security risk assessment reports to the central national security leadership agencies.

Article 57: The state shall establish a sound national security risk monitoring and early warning system, and issue corresponding risk warnings in a timely manner based on the degree of national security risks.

Article 58: Local people's governments at or above the county level and their relevant competent departments shall immediately report to the higher-level people's government and its relevant competent departments in accordance with regulations on events that may be about to occur or have already occurred and pose a threat to national security. If necessary, they may report beyond their immediate jurisdiction.

Section 4 Review and Supervision

Article 59: The state shall establish a system and mechanism for national security review and supervision, and conduct national security reviews on foreign investment, specific items and key technologies, network information technology products and services, construction projects involving national security issues, and other major events and activities that affect or may affect national security, effectively preventing and resolving national security risks.

Article 60: All departments of central state organs shall exercise their duties of national security review in accordance with laws and administrative regulations, make national security review decisions or provide security review opinions in accordance with the law, and supervise their implementation.

Article 61: Provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the relevant national security review and supervision work within their administrative regions in accordance with the law.

Section 5 Crisis Management

Article 62: The state shall establish a unified leadership, coordinated linkage, orderly and efficient national security crisis management system.

Article 63: In the event of a major incident that endangers national security, relevant central departments and local authorities shall, in accordance with the unified deployment of the central national security leadership, activate emergency plans and take control and disposal measures in accordance with the law.

Article 64: In the event of a particularly serious incident that endangers national security and requires a state of emergency, a state of war, or nationwide or partial mobilization, the National People's Congress, its Standing Committee, or the State Council shall make decisions in accordance with the authority and procedures prescribed by the Constitution and relevant laws.

Article 65: After the state decides to enter a state of emergency, a state of war, or to implement national defense mobilization, the relevant authorities responsible for managing national security crises have the right, in accordance with legal provisions or the provisions of the Standing Committee of the National People's Congress, to take special measures that restrict the rights of citizens and organizations and increase their obligations.

Article 66: The relevant authorities responsible for managing and controlling national security crises shall, in accordance with the law, adopt control measures for dealing with national security crises that are appropriate to the nature, degree, and scope of the harm that may be caused by the national security crisis; If there are multiple measures to choose from, measures that are conducive to protecting the rights and interests of citizens and organizations to the greatest extent should be selected.

Article 67: The state shall establish a sound mechanism for reporting and releasing information on national security crises.

After the occurrence of a national security crisis, the relevant authorities responsible for managing and controlling the national security crisis shall accurately and timely report in accordance with regulations, and release the relevant information on the occurrence, development, management, and aftermath of the national security crisis to the society in accordance with the law.

Article 68: After the national security threats and hazards are controlled or eliminated, the control and disposal measures should be lifted in a timely manner, and follow-up work should be done well.

Chapter 5

National security guarantee

Article 69: The state shall improve the national security guarantee system and enhance the ability to safeguard national security.

Article 70: The state shall improve the legal system of national security and promote the construction of the rule of law in national security.

Article 71: The state shall increase investment in various aspects of national security construction, and ensure the necessary funds and equipment for national security work.

Article 72: Units undertaking the task of reserving national security strategic materials shall, in accordance with relevant national regulations and standards, collect, store, and maintain national security materials, regularly adjust and replace them, and ensure the efficiency and safety of the use of reserve materials.

Article 73: Encourage technological innovation in the field of national security and leverage the role of technology in safeguarding national security.

Article 74: The state shall take necessary measures to recruit, cultivate, and manage specialized and special talents for national security work.

According to the needs of safeguarding national security work, the state protects the identity and legitimate rights and interests of relevant agencies specialized in national security work in accordance with the law, and increases the strength of personal protection and resettlement guarantees.

Article 75: National security organs, public security organs, and relevant military organs may adopt necessary means and methods in accordance with the law to carry out specialized work on national security, and relevant departments and localities shall provide support and cooperation within their scope of responsibilities.

Article 76: The state strengthens national security news propaganda and public opinion guidance, carries out national security propaganda and education activities through various forms, incorporates national security education into the national education system and civil servant education and training system, and enhances the national security awareness of the whole population.

Chapter 6

Obligations and Rights of Citizens and Organizations

Article 77: Citizens and organizations shall fulfill the following obligations to safeguard national security:

(1) Comply with the relevant provisions of the Constitution, laws and regulations on national security;

(2) Timely report clues of activities that pose a threat to national security;

(3) Provide truthful evidence of activities that pose a threat to national security that are known to them;

(4) Provide convenient conditions or other assistance for national security work;

(5) Provide necessary support and assistance to national security agencies, public security agencies, and relevant military agencies;

(6) Keep confidential the state secrets known to them;

(7) Other obligations stipulated by laws and administrative regulations.

No individual or organization shall engage in any behavior that endangers national security, and shall not provide any funding or assistance to individuals or organizations that endanger national security.

Article 78: Government agencies, people's organizations, enterprises, institutions, and other social organizations shall provide education on safeguarding national security to their personnel, mobilize and organize their personnel to prevent and stop acts that endanger national security.

Article 79 Enterprises and institutions shall cooperate with relevant departments to take relevant security measures in accordance with the requirements of national security work.

Article 80: The acts of citizens and organizations supporting and assisting national security work are protected by law.

If the personal safety of the individual or their close relatives is in danger due to supporting or assisting national security work, they may request protection from the public security organs or national security organs. Public security organs and national security organs shall, in conjunction with relevant departments, take protective measures in accordance with the law.

Article 81: Citizens and organizations who cause property losses due to supporting or assisting national security work shall be compensated in accordance with relevant national regulations; Those who cause personal injury or death shall be given compensation and preferential treatment in accordance with relevant national regulations.

Article 82: Citizens and organizations have the right to criticize and make suggestions to state organs regarding national security work, and have the right to appeal, accuse, and report on illegal and negligent acts committed by state organs and their staff in national security work.

Article 83: When special measures that restrict citizens' rights and freedoms are necessary in national security work, they shall be taken in accordance with the law and limited to the actual needs of safeguarding national security.

Chapter 7

Supplementary Provisions

Article 84: This Law shall come into effect from the date of its promulgation.