Implementing Regulation for the Guarding State Secrets Law of the People's Republic of China (2024 Revision)

Order of the State Council of the People's Republic of China
(No. 786)

The Implementing Regulation for the Guarding State Secrets Law of the People's Republic of China, as revised and adopted at the 35th executive meeting of the State Council on June 26, 2024, is hereby issued, with effect from September 1, 2024.

Li Qiang, Premier
July 10, 2024

Implementing Regulation for the Guarding State Secrets Law of the People's Republic of China
(Issued by Order No. 646 of the State Council of the People's Republic of China on January 17, 2014;
revised by Order No. 786 of the State Council of the People's Republic of China on July 10, 2024)

Chapter I General Provisions
Article 1 This Regulation is developed in accordance with the Guarding State Secrets Law of the People's Republic of China (hereinafter referred to as the “Secrecy Law”).
Article 2 The leadership of the Communist Party of China over guarding state secrets ("secrecy") shall be upheld and strengthened.
The central leadership agency for secrecy work leads nationwide secrecy work and is responsible for the top-level design, coordination, overall promotion, and supervision of the implementation of such work.
A local leadership agency for secrecy work leads local secrecy work, implements the Party and state's strategies and major policies and measures for secrecy work in accordance with the unified arrangements of the central leadership agency for secrecy work, coordinates major secrecy matters and important work, and supervises the strict enforcement of secrecy laws and regulations.
Article 3 The state secrecy administrative department shall be responsible for the secrecy work throughout the country. The local secrecy administrative departments at or above the county level shall be responsible for the secrecy work within their respective administrative regions under the guidance of the superior secrecy administrative departments.
Article 4 A central state organ shall, within its functions, administer or guide the secrecy work within its system and oversee the implementation of secrecy laws and regulations, and may, alone or in conjunction with other relevant departments, develop secrecy rules for matters under the charge of it according to the actual circumstances.
Article 5 No state organ or entity involving state secrets ("organ or entity") may classify matters which are required by law to be disclosed as state secrets, or disclose any information involving state secrets.
Article 6 A secrecy accountability system shall be implemented in organs or entities, and they assume the primary responsibility for their respective secrecy work. The primary person in charge of an organ or entity is generally responsible for its secrecy work; a person in charge of secrecy work or a specific business line is responsible for the secrecy work within his or her purview; an employee is directly responsible for the secrecy work for his or her position.
An organ or entity shall strengthen the building of its secrecy workforce; central state organs shall establish secrecy offices staffed by full-time secrecy officials; and other organs or entities shall, as needed for their secrecy work, establish secrecy offices or designate persons to take charge of secrecy work.
The implementation of the secrecy accountability system by organs or entities and their staff members shall be included in their annual review and assessment.
Article 7 The people's governments at or above the county level shall strengthen the construction of secrecy infrastructure and the availability of key secrecy science and technology products.
Secrecy administrative departments at or above the provincial level shall promote independent innovation in secrecy science and technology, promote the research and development of key secrecy science and technology products, and encourage and support the research on and application of secrecy science and technology.
Article 8 The funds needed by a secrecy administrative department for performing its duties shall be included in the budget at the same level. The funds needed by an organ or entity for the secrecy work shall be included in the annual budget or annual income and expenditure plan of the organ or entity.
Article 9 Secrecy administrative departments shall organize publicity and education on secrecy on an ongoing basis. Official education and training departments shall, in conjunction with secrecy administrative departments, perform the duty to provide secrecy education and training for officials. Official education and training institutions shall incorporate secrecy education into their teaching system. Education administrative departments shall promote the inclusion of secrecy education in the national education system. Public communication departments shall direct and encourage the mass media to fully play their role, disseminate secrecy knowledge, promote secrecy laws, and enhance public awareness of secrecy.
Organs and entities shall regularly provide education and training to their staff in aspects such as the fine traditions of secrecy work, secrecy situations and tasks, secrecy laws and regulations, technical precautions for secrecy, and warnings through cases of secrecy violations.
Article 10 Secrecy administrative departments shall improve their incentive and guarantee mechanisms in accordance with the relevant provisions issued by the state, strengthen the development of a contingent of specialized professionals, specialized training, and assignment of equipment, and enhance the professional capabilities and level of secrecy work. Education administrative departments shall strengthen guidance on and support for the development of programs of study related to secrecy.
Article 11 An organization or individual that falls under any of the following circumstances shall be commended and rewarded in accordance with the relevant provisions issued by the state:
(1) Protecting the security of state secrets in an emergency.
(2) Making outstanding contributions to safeguarding the security of state secrets in major activities involving state secrets.
(3) Achieving major results or remarkable progress in the research and development of secrecy science and technology.
(4) Promptly reporting the divulgence or illegal access to or possession of any state secret.
(5) After discovering that another person divulges or is likely to divulge a state secret, immediately taking remedial measures to avoid or mitigate the harmful consequences.
(6) While holding a secrecy management or any other secrecy-related position, being faithful in the performance of his or her duties, strictly guarding state secrets, and achieving outstanding performance.
(7) Making a notable contribution to the work of keeping and protecting state secrets.
Chapter II Scope and Classification Levels of State Secrets
Article 12 The specific scope of state secrets and their classification levels (hereinafter referred to as the “scope of classified information”) shall explicitly state the title, classification level, duration of classification, clearance holders, and generation level of each specific matter as a state secret.
The scope of classified information shall be adjusted according to the changes in situation in a timely manner. Sufficient demonstration shall be conducted, and the opinions of the relevant organs and entities and the experts in the relevant industries and fields shall be solicited, for the determination and modification of the scope of classified information.
Article 13 An organ or entity with classification authority shall make a list of state secret matters based on the scope of secrecy matters in its industry or field and related industries and fields, and file the list for recordation with the secrecy administrative department at the same level. The list of state secret matters shall be promptly revised according to the scope of secrecy matters.
Article 14 The primary person in charge of an organ or entity shall be the statutory person responsible for classification in the organ or entity, and may, as needed for work, designate any other person in charge of the organ or entity, the person in charge of any of its departments, or any other person as the person responsible for classification in the organ or entity.
The person responsible for classification and the handling person shall receive training on classification, be familiar with classification duties and the scope of classified information, and understand classification procedures and methods.
Article 15 The person responsible for classification shall, within his or her scope of duties, undertake the determination, modification of classification, and declassification of state secrets, and guide and supervise classification within his or her purview. The specific duties include:
(1) examining and approving the classification level, duration of classification, and clearance holders of state secrets proposed by the handling person;
(2) reviewing state secrets determined by the organ or entity which are still in the duration of classification, and deciding whether to modify their classification or declassify them;
(3) participating in the establishment and revision of a list of state secret matters of the organ or entity; and
(4) for information the status of which as a state secret or the classification level of which is undefined, preliminarily determining its classification level, the duration of classification, and clearance holders, and reporting it to the secrecy administrative department for decision under the prescribed procedure.
Article 16 Central state organs, provincial organs, and organs at the level of a districted city may, as needed for the secrecy work or upon request of the relevant organs or entities, make classification authorization within the classification authority and the scope of authorization as prescribed by the state secrecy administrative department.
If it is impossible to grant authorization in accordance with the provisions of the preceding paragraph, the secrecy administrative department at or above the provincial level may grant classification authorization as needed in secrecy work or upon application by a relevant organ or entity.
A classification authorization shall be made in writing. The authorizing organ shall oversee the exercise of the classification authority by the authorized organ or entity. The authorized organ or entity shall not further grant authorization.
Classification authorizations made by a central state organ, provincial organ, or secrecy administrative department of a province, autonomous region, or municipality directly under the Central Government shall be filed with the state secrecy administrative department for recordation; and authorizations made by an organ at the level of a districted city shall be filed with the secrecy administrative department of the province, autonomous region, or municipality directly under the central government for recordation.
Article 17 Where a state secret is originated by an organ or entity, at the same time, the handling person shall propose the classification level, duration of classification, and clearance holders of the state secrete according to the scope of classified information, submit them to the person responsible for classification for examination and approval, and take corresponding secrecy measures.
For a matter that an organ or entity shall classify, but in respect of which it has no classification authority, it shall take secrecy measures in advance and immediately submit the matter to its superior for classification according to statutory procedures, or in the absence of such a superior, to the business department with classification authority or secrecy administrative department for classification.
If an organ or entity classifies such matter as a state secret and can clearly define the substance thereof, it shall classify and mark such matter as a state secret in accordance with the secrecy provisions established by the state.
Article 18 Where an organ or entity implements a state secret matter determined by its superior, or handles a state secret matter determined by another organ or entity, under any of the following circumstances, derivative classification shall be made based on the classification level, duration of classification, and clearance holders of the state secret matter implemented or handled:
(1) A close identity with a determined state secret matter.
(2) Involving the substance of a determined state secret matter.
(3) Summarizing, editing, integrating, and specifying a determined state secret matter.
(4) The original secret organ or entity has imposed a clear classification requirement for the use of the determined state secret matter.
Article 19 The organ or entity originating a state secret shall determine the specific duration of classification or time of declassification of the secret as prescribed in the scope of classified information. If the duration or time cannot be determined, the conditions for declassification shall be specified.
The duration of classification of a state secret shall commence from the marked date of origin. If it is impossible to mark the date of origin, the organ or entity determining the state secret shall notify in writing the organs, entities, and personnel with clearance, and the duration of classification shall commence from the date of notification.
Article 20 Organs or entities shall lawfully limit the clearance holders of state secrets, and maintain records of persons with clearance for state secrets at or above the secret level.
Article 21 State secret signs shall be affixed to the conspicuous parts of state secret carriers as well as equipment and products as state secrets ("secret products"). State secret signs shall indicate the classification level and the duration of classification. The original state secret signs shall be modified in a timely manner if the classification level or duration of classification of a state secret is modified.
If it is impossible to affix state secret signs, the organ or entity determining the state secret shall notify in writing the organs, entities, and persons with clearance for the state secret.
Article 22 Where an organ or entity deems that a state secret determined by it satisfies the conditions for declassification or modification as set out in the Secrecy Law, the organ or entity shall make declassification or modification in a timely manner.
Where an organ or entity deems that a state secret determined by another organ or entity satisfies the conditions for declassification or modification as set out in the Secrecy Law, the organ or entity may provide recommendations to the original organ or entity classifying the state secret or the superior thereof.
Files as state secrets which have been legally transferred to the national archives facilities at all levels shall be subject to the declassification examination by the original organs or entities classifying them according to the relevant state provisions.
Article 23 Where an organ or entity is disbanded, merged, or split, the modification of classification and declassification of a state secret determined by the organ or entity shall be the responsibility of the organ or entity succeeding to the functions of the disbanded or merged organ or entity, or, in the absence of such a succeeding organ or entity, the responsibility of its superior, or the organ or entity designated by the secrecy administrative department.
Article 24 Where an organ or entity discovers that the determination, modification of classification, or declassification of a state secret originated by it is inappropriate, it shall make correction in a timely manner. Where an organ or entity at a higher level discovers that the determination, modification of classification, or declassification of a state secret originated by an organ or entity at a lower level is inappropriate, it shall notify in a timely manner the latter to make correction, or directly make correction itself.
Article 25 For any undefined matter which satisfies the conditions as set out in the Secrecy Law but is not prescribed in the scope of classified information, an organ or entity shall propose its classification level, duration of classification, and clearance holders, take corresponding secrecy measures, and report it to the competent authority for determination within ten working days of the proposal. A matter proposed to be classified as top secret or a matter proposed by a central state organ to be classified as secret or confidential shall be reported to the state secrecy administrative department for determination; and a matter proposed by any other organ or entity to be classified as secret or confidential shall be reported to the secrecy administrative department of the province, autonomous region, or municipality directly under the Central Government for determination.
A secrecy administrative department shall make a decision within ten working days of receiving such a report. The secrecy administrative department of a province, autonomous region, or municipality directly under the Central Government shall also submit its decision to the state secrecy administrative department for recordation in a timely manner.
Article 26 Where an organ or entity dissents on whether a determined state secret matter is a state secret or the class......