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

National Security Law of the People's Republic of China

Order of the President of the People's Republic of China (No. 29)

 

The National Security Law of the People's Republic of China, which was adopted by the 2015th Meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on July 7, 1, is hereby promulgated and will come into force on the date of promulgation.

 

President of the People's Republic of China Xi Jinping

July 2015, 7

 

Contents

 

Chapter I General Provisions

Chapter II: Tasks for Preserving National Security

Chapter III: Duties to Preserve National Security

Chapter IV: National Security System

Section 1 General Provisions

Section 2: Intelligence Information

Section 3: Risk Prevention, Assessment and Early Warning

Section 4: Review and Supervision

Section 5: Crisis Management and Control

Chapter V: National Security Guarantees

Chapter VI: Duties and Rights of Citizens and Organizations

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purpose of safeguarding national security, safeguarding the political power of the people's democratic dictatorship and the socialist system with Chinese characteristics, protecting the fundamental interests of the people, ensuring the smooth progress of reform, opening up and socialist modernization, and realizing the great rejuvenation of the Chinese nation.

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

Article 3: National security efforts shall adhere to the overall concept of national security, with people's security as the purpose, political security as the foundation, economic security as the foundation, military, cultural, and social security as the guarantee, and the promotion of international security as the basis, preserving national security in all fields, building a national security system, and following the path of national security with Chinese characteristics.

Article 4: Uphold the leadership of the Communist Party of China over national security efforts, and establish a centralized, unified, efficient, and authoritative national security leadership system.

Article 5: The central leading institution for national security is responsible for decision-making and deliberative coordination of national security efforts, researching, formulating, and guiding the implementation of national security strategies and relevant major guidelines and policies, making overall plans for and coordinating major national security matters and important work, and advancing the establishment of national security rule of law.

Article 6: The State formulates and continuously improves national security strategies, comprehensively assesses the international and domestic security situation, and clarifies national security strategies, medium- and long-term goals, national security policies, work tasks, and measures in key areas.

Article 7: To preserve national security, the Constitution and laws shall be observed, the socialist principle of rule of law shall be adhered to, human rights shall be respected and protected, and citizens' rights and freedoms shall be protected in accordance with law.

Article 8: The preservation of national security shall be coordinated with economic and social development.

National security efforts shall integrate internal and external security, homeland security and national security, traditional and non-traditional security, self-security and common security.

Article 9: To preserve national security, it shall persist in putting prevention first and treating both the symptoms and the root causes, combining specialized work with the mass line, giving full play to the functions and roles of specialized organs and other relevant organs in preserving national security, extensively mobilizing citizens and organizations, and preventing, stopping, and lawfully punishing conduct endangering national security.

Article 10: To preserve national security, mutual trust, mutual benefit, equality, and cooperation shall be upheld, and security exchanges and cooperation shall be actively carried out with foreign governments and international organizations, performing international security obligations, promoting common security, and preserving world peace.

Article 11: Citizens of the People's Republic of China, all state organs and armed forces, all political parties and people's organizations, enterprises and public institutions and other social organizations have the responsibility and obligation to preserve national security.

China's sovereignty and territorial integrity brook no encroachment or division. Safeguarding national sovereignty, unity and territorial integrity is the common obligation of the entire Chinese people, including Hong Kong and Macao compatriots and Taiwan compatriots.

Article 12: The State gives commendations and awards to individuals and organizations that have made outstanding contributions to efforts to preserve national security.

Article 13: Where state organ personnel abuse their powers, neglect their duties, or engage in malpractice for personal gain in national security efforts or activities involving national security, pursue legal responsibility in accordance with law.

Where any individual or organization violates this Law and relevant laws, fails to perform obligations to preserve national security or engages in activities endangering national security, legal responsibility shall be pursued in accordance with law.

Article 4: April 15 of each year is National Security Education Day.

Chapter II: Tasks for Preserving National Security

Article 15: The State adheres to the leadership of the Communist Party of China, preserves the socialist system with Chinese characteristics, develops socialist democratic politics, completes socialist rule of law, strengthens mechanisms for restricting and supervising the operation of power, and safeguards the people's rights to be masters of their own country.

The State prevents, stops and punishes in accordance with law any act of treason, separatism, sedition, subversion or incitement to subversion of the people's democratic dictatorship; Prevent, stop, and lawfully punish acts endangering national security, such as stealing or leaking state secrets; Prevent, stop and lawfully punish the infiltration, sabotage, subversion and separatist activities of foreign forces.

Article 16: The State preserves and develops the fundamental interests of the broadest masses of the people, safeguards people's security, creates good conditions for survival and development and a stable working and living environment, and safeguards the safety of citizens' lives and property and other lawful rights and interests.

Article 17 The State strengthens the construction of border, coastal and air defence, and adopts all necessary defense and control measures to safeguard the security of territorial land, internal waters, territorial sea and airspace, and safeguard the territorial sovereignty and maritime rights and interests of the State.

Article 18: The State strengthens the revolutionization, modernization, and regularization of armed forces, and builds armed forces commensurate with the needs of safeguarding national security and development interests; Implement the military strategic principle of active defense, guard against and resist aggression, and stop armed subversion and separatism; Carry out international military security cooperation, carry out United Nations peacekeeping, international rescue, maritime escort and military operations to safeguard national overseas interests, and safeguard national sovereignty, security, territorial integrity, development interests and world peace.

Article 19: The State preserves the basic economic system of the State and the order of the socialist market economy, completes institutional mechanisms for preventing and resolving economic security risks, and ensures the security of important industries and key fields, key industries, major infrastructure and major construction projects, and other major economic interests related to the lifeline of the national economy.

Article 20: The State completes financial macro-prudential management and financial risk prevention and disposal mechanisms, strengthens financial infrastructure and basic capacity building, prevents and resolves systemic and regional financial risks, and prevents and resists the impact of external financial risks.

Article 21: The State rationally utilizes and protects resources and energy, effectively controls the development of strategic resources and energy, strengthens strategic resources and energy reserves, improves the construction of strategic channels for resource and energy transportation and safety protection measures, strengthens international cooperation on resources and energy, comprehensively enhances emergency support capabilities, and ensures the continuous, reliable and effective supply of resources and energy needed for economic and social development.

Article 22: The State completes the food security system, protects and increases the comprehensive grain production capacity, improves the grain reserve system, circulation system and market regulation and control mechanism, completes the food security early warning system, and ensures the supply and quality of grain.

Article 23: The State adheres to the direction of progress of advanced socialist culture, inherits and carries forward the excellent traditional culture of the Chinese nation, cultivates and practices the core socialist values, prevents and resists the influence of negative culture, grasps the dominance in the ideological field, and enhances the overall strength and competitiveness of culture.

Article 24: The State strengthens the capacity building of independent innovation, accelerates the development of independent and controllable strategic high and new technologies and core key technologies in important fields, strengthens the capacity building in the use, protection and confidentiality of scientific and technological rights, and ensures the security of major technologies and projects.

Article 25: The State is to establish network and information security assurance systems, increase network and information security protection capabilities, strengthen innovative research and development and application of networks and information technology, and realize the security and controllability of network and information core technologies, critical infrastructure, and information systems and data in important fields; Strengthen network management, prevent, stop, and lawfully punish network violations and crimes such as network attacks, network intrusions, network theft, and dissemination of illegal and harmful information, and preserve national cyberspace sovereignty, security, and development interests.

Article 26: The State adheres to and improves the system of regional ethnic autonomy, consolidating and developing socialist ethnic relations of equality, unity, mutual assistance and harmony. Adhere to the equality of all ethnic groups, strengthen ethnic exchanges, exchanges and blending, prevent, stop and punish ethnic separatist activities in accordance with the law, safeguard national unity, ethnic unity and social harmony, and realize the common struggle and common prosperity and development of all ethnic groups.

Article 27: The state protects citizens' freedom of religious belief and normal religious activities in accordance with law, adhering to the principle of religious independence and self-management, preventing, stopping, and lawfully punishing illegal and criminal activities that endanger national security in the name of religion, opposing interference by foreign forces in religious affairs within the territory, and preserving normal order in religious activities. The state bans cult organizations in accordance with law, and prevents, stops, and punishes illegal and criminal activities of cults in accordance with law.

Article 28: The State opposes all forms of terrorism and extremism, strengthens capacity building to prevent and handle terrorism, lawfully carrying out efforts such as intelligence, investigation, prevention, handling, and fund regulation, lawfully prohibiting terrorist organizations and severely punishing violent terrorist activities.

Article 29: The State completes institutional mechanisms for effectively preventing and resolving social conflicts, completes public security systems, actively prevents, reduces, and resolves social conflicts, properly handles public health, social security, and other emergencies that affect national security and social stability, promotes social harmony, and preserves public security and social stability.

Article 30: The State is to improve the institutional system for ecological environmental protection, increase the intensity of ecological construction and environmental protection, delineate red lines for ecological protection, strengthen early warning and prevention and control of ecological risks, properly handle environmental emergencies, ensure that the atmosphere, water, soil and other natural environments and conditions on which people depend for survival and development are not threatened or destroyed, and promote the harmonious development of man 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, strengthens the safety management, supervision and protection of nuclear facilities, materials, activities and the disposal of nuclear waste, strengthens the emergency response system and emergency response capacity building 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 use of outer space, the international seabed area and the polar regions, enhances its capacity for safe access, scientific investigation, development and utilization, strengthens international cooperation, and maintains the security of China's activities, assets and other interests in outer space, the international seabed area and the polar regions.

Article 33: The State shall employ necessary measures in accordance with law to protect the security and lawful rights and interests of Chinese citizens, organizations, and institutions abroad, and to protect the State's overseas interests from threats or infringements.

Article 34: The State is to continuously improve the tasks of preserving national security in accordance with the needs of economic and social development and national development interests.

Chapter III: Duties to Preserve National Security

Article 35: The National People's Congress shall, in accordance with the Constitution, decide on issues of war and peace and exercise other functions and powers related to national security as provided for in the Constitution. The Standing Committee of the National People's Congress shall, in accordance with the provisions of the Constitution, decide on the declaration of a state of war, decide on general or partial mobilization throughout the country, decide on the entry of a state of emergency throughout the country or in individual provinces, autonomous regions and municipalities directly under the Central Government, and exercise other functions and powers related to national security provided for in the Constitution and delegated 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 the Standing Committee of the National People's Congress, declare a state of emergency, declare a state of war, issue mobilization orders, and exercise other functions and powers related to national security as provided for in the Constitution.

Article 37: On the basis of the Constitution and laws, the State Council drafts administrative regulations related to national security, stipulates relevant administrative measures, and issues relevant decisions and orders; Implement national security laws, regulations and policies; Decide in accordance with the law that some areas within the limits of provinces, autonomous regions and municipalities directly under the Central Government will enter a state of emergency; Exercise other functions and powers related to national security as prescribed by the Constitution and delegated by the National People's Congress and its Standing Committee.

Article 38 The Central Military Commission leads the armed forces of the whole country, decides on military strategy and operational guidelines of the armed forces, uniformly directs military operations to preserve national security, formulates military regulations involving national security, and issues relevant decisions and orders.

Article 39: In accordance with their duties and division of labor, all departments of central state organs are to implement national security guidelines, policies, and laws and regulations, and manage and guide national security efforts in that system or field.

Article 40: Local people's congresses at all levels and standing committees of local people's congresses at the county level or above are to ensure compliance with and enforcement of national security laws and regulations within their administrative regions. Local people's governments at all levels shall, in accordance with laws and regulations, administer national security work within their respective administrative regions, and the Hong Kong Special Administrative Region and the Macao Special Administrative Region shall perform their responsibility for safeguarding national security.

Article 41: People's courts exercise adjudication power in accordance with legal provisions, and people's procuratorates exercise procuratorial power in accordance with legal provisions to punish crimes endangering national security.

Article 42: State security organs and public security organs lawfully collect intelligence information related to national security, and lawfully exercise investigating, detaining, pre-trial, and carrying out arrests, as well as other functions and powers provided by law, in national security efforts.

Relevant military organs lawfully exercise relevant functions and powers in national security efforts.

Article 43: When performing their duties, state organs and their staffs shall implement the principle of preserving national security. State organs and their staffs shall strictly perform their duties in accordance with law in national security work and activities involving national security, and must not exceed or abuse their powers, and must not infringe upon the lawful rights and interests of individuals and organizations.

Chapter IV: National Security System

第一节 一般规定

Article 44: The central leading institutions for national security are to implement national security systems and working mechanisms that combine unification and division, and are highly coordinated.

Article 45: The state is to establish coordination mechanisms for work in key areas of national security, and overall plan and coordinate relevant central functional departments to advance relevant work.

Article 46: The State is to establish mechanisms for supervising and inspecting national security efforts and pursuing responsibility, ensuring the implementation of national security strategies and major deployments.

Article 47: All departments and regions shall employ effective measures to implement national security strategies.

Article 48: Based on the needs of efforts to preserve national security, the state is to establish working mechanisms for cross-departmental consultations, conducting consultations, studies, and judgments on major matters for efforts to preserve national security, and putting forward opinions and suggestions.

Article 49: The State is to establish coordination and linkage mechanisms on national security between the central and local governments, between departments, between the military and the localities, and between regions.

Article 50: The State is to establish mechanisms for consultation on national security decision-making, organizing experts and relevant parties to carry out analysis and judgment of the national security situation, advancing scientific decision-making on national security.

Section 2: Intelligence Information

Article 51: The State completes systems for the collection, study, judgment, and use of intelligence information that are uniform, responsive, accurate, efficient, and smoothly operational, and establish coordination mechanisms for intelligence information efforts, bringing about the timely collection, accurate research, judgment, effective use, and sharing of intelligence information.

Article 52:State security organs, public security organs, and relevant military organs are to lawfully collect intelligence information related to national security on the basis of their duties and division of labor.

In the course of performing their duties, all departments of state organs shall promptly report relevant information related to national security that they obtain.

Article 53:Intelligence information efforts shall make full use of modern scientific and technological means to strengthen the identification, screening, synthesis, and analysis of intelligence information.

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

Section 3: Risk Prevention, Assessment and Early Warning

Article 55:The state is to draft and improve plans for responding to national security risks in all fields.

Article 56:The State is to establish national security risk assessment mechanisms, periodically carrying out national security risk investigations and assessments in all fields.

Relevant departments shall periodically submit national security risk assessment reports to the central leading national security institutions.

Article 57:The State completes national security risk monitoring and early warning systems, promptly issuing corresponding risk early warnings based on the degree of national security risk.

Article 58:Local people's governments at the county level or above and their relevant competent departments shall immediately report to the people's government at the level above and its relevant competent departments in accordance with provisions on incidents endangering national security that may be imminent or have already occurred, and may report beyond the level when necessary.

Section 4: Review and Supervision

Article 59:The state is to establish systems and mechanisms for national security review and regulation, conducting national security reviews of foreign investment, specific items and key technologies, network information technology products and services, construction projects involving national security matters, and other major matters and activities that affect or may affect national security, to effectively prevent and resolve national security risks.

Article 60: All departments of central state organs are to perform national security review duties in accordance with laws and administrative regulations, lawfully making national security review decisions or submitting security review opinions and supervising implementation.

Article 61: Provinces, autonomous regions, and municipalities directly under the Central Government are lawfully responsible for national security review and supervision efforts within their administrative regions.

Section 5: Crisis Management and Control

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

Article 63:Where major incidents endanger national security occur, the relevant central departments and relevant localities are to lawfully initiate emergency response plans and employ control and handling measures on the basis of the unified deployment of the central leading national security bodies.

Article 64:Where a particularly major incident endangering national security occurs and it is necessary to enter a state of emergency or war, or to carry out general or partial mobilization, the National People's Congress, the Standing Committee of the National People's Congress, or the State Council are to make a decision in accordance with the authority and procedures provided for by the Constitution and relevant laws.

Article 65:After the state decides to enter a state of emergency or war, or to carry out national defense mobilization, the relevant organs performing national security crisis management and control duties have the right to employ special measures restricting the rights of citizens and organizations and increasing their obligations in accordance with legal provisions or the provisions of the Standing Committee of the National People's Congress.

Article 66:Relevant organs performing national security crisis management and control duties lawfully employing control measures for handling national security crises shall be appropriate to the nature, extent, and scope of harm that may be caused by the national security crisis; Where there are multiple measures to choose from, measures conducive to protecting the rights and interests of citizens and organizations to the greatest extent shall be chosen.

Article 67: The State completes mechanisms for reporting and releasing information on national security crises.

After a national security crisis occurs, the relevant organs performing national security crisis management and control duties shall follow provisions to accurately and promptly report it, and uniformly release to the public the occurrence, development, control, handling, and aftermath of the relevant national security crisis incident.

Article 68:After threats and harms to national security are controlled or eliminated, control and handling measures shall be promptly lifted, and efforts to deal with the aftermath shall be done.

Chapter V: National Security Guarantees

Article 69:The State completes the national security guarantee system, enhancing its capacity to preserve national security.

Article 70: The state completes the national security legal system system, advancing the establishment of national security rule of law.

Article 71:The State is to increase investment in all aspects of national security construction, ensuring the funds and equipment needed for national security efforts.

Article 72:Units undertaking national security strategic material reserve tasks shall follow relevant national provisions and standards to collect, store, store, and maintain national security materials, periodically adjusting and replacing them, to ensure the efficiency and safety of the use of reserve materials.

Article 73:Scientific and technological innovation in the field of national security is encouraged, giving play to the role of science and technology in preserving national security.

Article 74:The state employs necessary measures to recruit, cultivate, and manage specialized and special personnel for national security efforts.

As needed for efforts to preserve national security, the state protects the identity and lawful rights and interests of relevant organs specializing in national security personnel in accordance with law, and increases the strength of personal protection and placement safeguards.

Article 75:State security organs, public security organs, and relevant military organs carrying out specialized national security efforts may lawfully employ necessary means and methods, and relevant departments and localities shall provide support and cooperation within the scope of their duties.

Article 76:The State is to strengthen national security news publicity and public opinion guidance, carrying out national security publicity and education activities in various forms, incorporating national security education into the national education system and the civil servant education and training system, to enhance the nation's awareness of national security.

Chapter VI: Duties and Rights of Citizens and Organizations

Article 77:Citizens and organizations shall perform the following obligations to preserve national security:

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

(2) Promptly report leads on activities endangering national security;

(3) Truthfully provide evidence that they know involves activities endangering national security;

(4) Providing facilitation or other assistance for national security efforts;

(5) Providing necessary support and assistance to state security organs, public security organs, and relevant military organs;

(6) Keeping state secrets that they know of;

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

Individuals and organizations must not engage in conduct endangering national security, and must not provide any funding or assistance to individuals or organizations endangering national security.

Article 78:Organs, people's organizations, enterprises, public institutions, and other social organizations shall conduct education on preserving national security for that unit's personnel, and mobilize and organize that unit's personnel to prevent and stop conduct endangering national security.

Article 79:Based on the requirements of national security efforts, enterprises and public institutions shall cooperate with relevant departments in employing relevant security measures.

Article 80:Citizens' and organizations' conduct in supporting or assisting national security efforts is protected by law.

Where the personal safety of themselves or their close relatives is in danger as a result of supporting or assisting national security efforts, they may request protection from the public security organs or state security organs. Public security organs and state security organs shall, in conjunction with relevant departments, employ protective measures in accordance with law.

Article 81:Where citizens and organizations cause property losses as a result of supporting or assisting national security efforts, compensation is to be given in accordance with relevant national provisions; Where bodily injury or death is caused, bereavement benefits shall be given in accordance with the relevant provisions of the State.

Article 82:Citizens and organizations have the right to submit criticism and suggestions to state organs on national security efforts, and have the right to lodge complaints, accusations, and reports on state organs and their staff's unlawful and derelict conduct in national security work.

Article 83:In national security efforts, when it is necessary to employ special measures restricting citizens' rights and freedoms, they shall be carried out in accordance with law, and shall be limited to the actual needs of preserving national security.

Chapter VII Supplementary Provisions

Article 84: This Law shall take effect on the date of promulgation.