National Security Law of China (2015)

 2018-05-10  15


National Security Law of China (2015)


· Document Number:Order No. 29 of the President

· Area of Law: National Security

· Level of Authority: Laws

· Date issued:07-01-2015

· Effective Date:07-01-2015

· Status: Effective

· Issuing Authority: Standing Committee of the National People's Congress

 

Order of the President of China
(No. 29)
The National Security Law of the People's Republic of China, as adopted at the 15th session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on July 1, 2015, is hereby issued and shall come into force on the date of issuance.
President of the People's Republic of China: Xi Jinping
July 1, 2015



National Security Law of China
(Adopted at the 15th session of the Standing Committee of the Twelfth National People's Congress on July 1, 2015)
Table of Contents
Chapter I General Provisions
Chapter II Tasks of Maintaining National Security
Chapter III Powers and Duties regarding Maintaining National Security
Chapter IV National Security Rules
Section 1 General Rules
Section 2 Intelligence Information
Section 3 Risk Prevention, Assessment and Warning
Section 4 Review and Supervision
Section 5 Crisis Management and Control
Chapter V National Security Safeguards
Chapter VI Obligations and Rights of Citizens and Organizations
Chapter VII Supplemental Provisions
Chapter I General Provisions
Article 1 To maintain national security, safeguard the regime of people's democratic dictatorship and the socialist system with Chinese characteristics, protect the fundamental interest of the people, ensure the smooth advancement of reform, opening up, and socialist modernization, and achieve the great rejuvenation of the Chinese nation, this Law is developed in accordance with the Constitution.
Article 2 “National security” means a status in which the regime, sovereignty, unity, territorial integrity, welfare of the people, sustainable economic and social development, and other major interests of the state are relatively not faced with any danger and not threatened internally or externally and the capability to maintain a sustained security status.
Article 3 All national security work shall adhere to the overall national security view, regard people's security as the tenet, regard political security as the fundamental, regard economic security as the basis, regard military, cultural, and social security as the safeguard, and by promoting international security, maintain national security in all fields, build a national security system, and walk a path of national security with Chinese characteristics.
Article 4 All national security work shall adhere to the leadership of the Communist Party of China, and a centralized, unified, efficient, and authoritative national security leadership system shall be established.
Article 5 The central leading body for national security shall be responsible for coordinating policies and deliberations on national security work, researching, developing, and guiding the implementation of national security strategies and relevant major guidelines and policies, conducting overall coordination of significant national security affairs and important tasks, and promoting the rule of law in national security.
Article 6 The state shall develop and continue to enhance national security strategies, comprehensively assess international and domestic security situations, specify the guidelines for and medium- and long-term objectives of national security strategies and the national security policies, tasks, and measures in key fields.
Article 7 National security shall be maintained in accordance with the Constitution and laws and the principle of socialist rule of law by respecting and safeguarding human rights and protecting citizens' rights and freedom in accordance with the law.
Article 8 National security shall be maintained in line with economic and social development.
In national security work, overall arrangements shall be made on internal security and external security; territorial security and citizen security; conventional security and unconventional security; and own security and common security.
Article 9 In maintenance of national security, priority shall be given to prevention, equal attention shall be paid to temporary and permanent solutions, specialized tasks shall be combined with reliance on the masses, the functions of specialized authorities and other relevant authorities in maintaining national security shall be maximized, and citizens and organizations shall be extensively mobilized to prevent, frustrate, and legally punish any conduct that compromises national security.
Article 10 National security shall be maintained by insisting on mutual trust, mutual benefits, equality, and cooperation, actively participating in security exchange and cooperation with foreign governments and international organizations, and fulfilling international security obligations to promote common security and maintain world peace.
Article 11 All citizens of the People's Republic of China, state authorities, armed forces, political parties, people's groups, enterprises, public institutions, and other social organizations shall have the responsibility and obligation to maintain national security.
The sovereignty and territorial integrity of China shall not be infringed upon or partitioned. Maintaining the sovereignty, unity, and territorial integrity of the state shall be the common obligation of all Chinese people including Hong Kong and Macao compatriots and Taiwan compatriots.
Article 12 The state shall commend and reward individuals and organizations that have made prominent contributions to maintaining national security.
Article 13 Whoever as an employee of a state authority abuses power, neglects duty, practices favoritism, or makes falsification in national security work or any activity involving national security shall be held liable in accordance with the law.
Any individual or organization that fails to fulfill the obligation of maintaining national security or conducts any activity compromising national security in violation of this Law or any relevant law shall be held liable in accordance with the law.
Article 14 April 15th each year shall be the National Security Education Day.
Chapter II Tasks of Maintaining National Security
Article 15 The state shall adhere to the leadership of the Communist Party of China, maintain the socialist system with Chinese characteristics, develop socialist democratic politics, improve the socialist rule of law, reinforce the mechanism for checks and oversight of power, and protect the people's rights as the master of the country.
The state shall prevent, frustrate, and legally punish any conduct that betrays the country, splits the country, incites rebellion, subverts or incites the subversion of the people's democratic dictatorship; prevent, frustrate, and legally punish any conduct that compromises national security such as stealing and divulging state secrets; and prevent, frustrate, and legally punish any penetration, destruction, subversion, and secession activities of overseas forces.
Article 16 The state shall maintain and develop the fundamental interest of the overwhelming majority of people, protect the people's security, create good subsistence and development conditions and a peaceful environment for work and living, and protect citizens' life and property safety and other lawful rights and interests.
Article 17 The state shall strengthen the construction of border defense, maritime defense, and air defense, and take all necessary defense, management, and control measures to protect the security of territorial land, inland waters, territorial sea, and territorial airspace and maintain the state's territorial sovereignty and maritime rights and interests.
Article 18 The state shall attach great importance to revolutionize, modernize, and standardize the armed forces, build armed forces satisfying the requirements for protecting national security and development interest; implement active defense military strategies and guidelines, prevent and resist invasion, and prevent armed subversion and secession; conduct international military security cooperation, conduct peace-keeping operations of the United Nations, international rescue, maritime escort operations, and military actions that protect the state's overseas interests, to maintain the sovereignty, security, territorial integrity, and development interest of the state and the world peace.
Article 19 The state shall maintain its basic economic system and the order of the socialist market economy, improve the rules and mechanisms to prevent and resolve economic security risks, and ensure the security of important industries and crucial fields related to the lifeline of the national economy, key sectors, major infrastructure, major construction projects, and other major economic interests.
Article 20 The state shall improve macro-prudential financial management and financial risk prevention and disposal mechanisms, enhance financial infrastructure and basic capability, prevent and resolve systemic and regional financial risks, and prevent and resist the impact of external financial risks.
Article 21 The state shall rationally utilize and protect resources and energies, effectively manage and control the development of strategic resources and energies, enhance the reserves of strategic resources and energies, improve the construction of strategic resource and energy transport channels and security protection measures, strengthen cooperation in international resources and energies, and comprehensively enhance emergency safeguard capability, to ensure the sustainable, reliable, and effective supply of resources and energies required for economic and social development.
Article 22 The state shall improve the grain safety guarantee system, protect and improve the comprehensive grain production capacity, improve grain reserves rules, the circulation system, and market control mechanisms, and improve grain safety warning rules, to guarantee grain supply and quality safety.
Article 23 The state shall adhere to developing an advanced socialist culture, inherit and carry forward the fine traditional culture of the Chinese nation, cultivate and practice the core values of socialism, prevent and resist the impact of harmful culture, maintain its ideological domination, and enhance the overall cultural strength and competitiveness.
Article 24 The state shall strengthen the building of capability of independent innovation, accelerate the development of independent and controllable strategic new and high technologies and core technologies in important fields, strengthen the utilization and protection of intellectual property rights, and the building of science and technology secrecy capability, and guarantee the security of major technologies and projects.
Article 25 The state shall build a network and information security guarantee system, improve network and information security protection capability, strengthen the innovation research, development, and application of network and information technologies, realize the controllable security of the core technologies and crucial infrastructure of network and information and the information systems and data in important fields; strengthen network management, prevent, frustrate, and legally punish network attack, network invasion, network information theft, dissemination of illegal and harmful information, and other network-related infractions of law and crimes, and maintain the state's sovereignty, security, and development interests in the cyberspace.
Article 26 The state shall adhere to and improve the regional ethnicity autonomy system, and reinforce and develop equal, united, interdependent, and harmonious socialist relations among all ethnic groups. The state shall insist that all ethnic groups are equal, strengthen the communication, exchange, and integration among all ethnic groups, prevent, frustrate, and legally punish ethnic secession activities, maintain national unity, solidarity of all ethnic groups, and social harmony, and achieve the solidarity, co-prosperity, and co-development of all ethnic groups.
Article 27 The state shall, in accordance with the law, protect citizens' freedom in religious belief and normal religious activities, insist on the principle of independence and self-governance in religious activities, prevent, frustrate, and legally punish infractions of law and crimes conducted in the name of religious activities to compromise national security, resist overseas forces' intervention in domestic religious affairs, and maintain the normal order of religious activities.
The state shall, in accordance with the law, ban cult organizations, and prevent, frustrate, and legally punish cult-related infractions of law and crimes.
Article 28 The state shall combat all forms of terrorism and extremism, strengthen the building of capacity to prevent and handle terrorism, legally conduct intelligence, investigation, prevention, handling, funds oversight, and other work, legally ban terrorist organizations, and strictly punish violent terrorist activities.
Article 29 The state shall improve the system and mechanisms to effectively prevent and resolve social contradictions, improve the public security system, vigorously prevent, reduce, and resolve social contradictions, properly handle public health, social safety, and other emergencies that affect national security and social stability, promote social harmony, and maintain public security and social peace and stability.
Article 30 The state shall improve the rules and system for environmental protection, strengthen ecological construction and environmental protection, determine the red line for ecological protection, reinforce the early warning, prevention, and control of ecological risks, properly handle environmental emergencies, protect atmosphere, water, soil, and other natural environment and conditions indispensable for the people's living and development against threat and destruction, and promote the harmonious development of human and nature.
Article 31 The state shall adhere to the peaceful utilization of nuclear energy and nuclear technology, strengthen international cooperation, prevent nuclear proliferation, improve the proliferation prevention mechanism, improve the safety management, oversight, and protection of nuclear facilities, nuclear materials, nuclear activities, and disposal of nuclear wastes, strengthen the development of an emergency response system and the emergency response capability for nuclear incidents, prevent, control, and eliminate the damage caused by nuclear incidents to citizens' life and health and the environment, and continue to enhance the capability of effectively responding to and preventing nuclear threats and attacks.
Article 32 The state shall adhere to the peaceful exploration and utilization of outer space, international seabed areas, and polar regions, enhance the capability of safe entry and exit, scientific investigation, and development and utilization, strengthen international cooperation, and maintain the security of the state's activities, assets, and other interests in outer space, international seabed areas, and polar regions.
Article 33 The state shall, in accordance with the law, take necessary measures to protect the safety and legitimate rights and interests of overseas Chinese citizens, organizations, and institutions, and protect China's overseas interests against threats and infringements.
Article 34 The state shall, as needed for economic and social development and the state's development interests, continue to improve tasks of maintaining national security.
Chapter III Powers and Duties regarding Maintaining National Security
Article 35 The National People's Congress shall, in accordance with the provisions of the Constitution, decide on issues concerning war and peace, and exercise other powers involving national security as prescribed by 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 national general mobilization or regional mobilization, decide on a state of emergency nationwide or in an individual province, autonomous region, or municipality directly under the Central Government, and exercise other powers involving national security as prescribed 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 those of 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 powers involving national security as prescribed by the Constitution.
Article 37 The State Council shall, in accordance with the Constitution and laws, develop administrative regulations involving national security, prescribe the relevant administrative measures, and issue the relevant decisions and orders; implement laws, regulations, and policies on national security; decide on a state of emergency in certain regions of a province, autonomous region, or municipality directly under the Central Government in accordance with the provisions of laws; and exercise other powers involving national security as prescribed by the Constitution and laws and granted by the National People's Congress and its Standing Committee.
Article 38 The Central Military Commission shall lead the armed forces nationwide, decide on military strategies and the guidelines for operations of the armed forces, command military actions in a unified manner to maintain national security, develop military regulations involving national security, and issue the relevant decisions and orders.
Article 39 All departments of the state's central authorities shall, according to the division of their powers and duties, implement the guidelines, policies, laws, and regulations on national security, and administer and guide the national security work in their respective systems and fields.
Article 40 The local people's congresses at all levels and the standing committees of the local people's congresses at and above the county level shall, within their respective administrative regions, ensure the compliance and implementation of national security laws and regulations.
The local people's governments at all levels shall, in accordance with the provisions of laws and regulations, administer national security work within their respective administrative regions.
The Hong Kong Special Administrative Region and the Macao Special Administrative Region shall fulfill their responsibilities to maintain national security.
Article 41 The people's courts shall exercise judicial power in accordance with the provisions of laws, and the people's procuratorates shall exercise prosecutorial power in accordance with the provisions of laws, to punish crimes compromising national security.
Article 42 National security authorities and public security authorities shall, in accordance with the law, gather intelligence information involving national security and exercise investigation, detention, interrogation, arrest execution, and other power prescribed by the law in national security work.
The relevant military authorities shall, in accordance with the law, exercise the relevant power in national security work.
Article 43 State authorities and their staff members shall, in performance of their functions, adhere to the principle of maintaining national security.
State authorities and their staff members shall, in national security work and activities involving national security, perform their functions in strict accordance with the law, shall not overstep or abuse their powers, and shall not infringe upon the lawful rights and interests of individuals and organizations.
Chapter IV National Security Rules
Section 1 General Rules
Article 44 The central leading body for national security shall implement coordinated and efficient national security rules and working mechanisms that combine centralized operations with decentralized operations.
Article 45 The state shall establish coordination mechanisms for work in key national security fields, and by overall arrangements, coordinate the relevant central functional departments to promote the relevant work.
Article 46 The state shall establish the oversight and inspection and accountability mechanisms for national security work to ensure the implementation of national security strategies and major arrangements.
Article 47 All departments and all regions shall take effective measures to implement national security strategies.
Article 48 The state shall, as needed for work on maintaining national security, establish an inter-departmental consultation working mechanism to discuss and judge and offer opinions and recommendations on major matters concerning maintaining national security.
Article 49 The state shall establish concerted action mechanisms between central and local authorities, between departments, between the armed forces and local areas, and between local areas.
Article 50 The state shall establish an advisory mechanism for national security decision making, and by organizing analysis and discussions on national security situations among experts and relevant parties, promote scientific decision making on national security.
Section 2 Intelligence Information
Article 51 The state shall improve the rules for gathering, discussing, and using intelligence information to ensure unified management, rapid response, accuracy, efficiency, and smooth operation, and establish a mechanism for coordinating intelligence information work to ensure the timely gathering, accurate discussion and judgment, and effective use and sharing of intelligence information.
Article 52 National security authorities, public security authorities, and the relevant military authorities shall, according to the division of functions, gather intelligence information involving national security in accordance with the law.
All departments of state authorities shall, in performing their functions, report the obtained information on national security to their superiors in a timely manner.
Article 53 In intelligence information work, modern science and technology means shall be sufficiently utilized to strengthen the identification, screening, integration, research, judgment, and analysis of intelligence information.
Article 54 Intelligence information shall be reported in a timely, accurate, and objective manner, and any delay, omission, or concealment in reporting intelligence information or false report of such information shall be prohibited.
Section 3 Risk Prevention, Assessment and Warning
Article 55 The state shall develop and improve preparedness plans for response to national security risks in all fields.
Article 56 The state shall establish a national security risk assessment mechanism to investigate and assess national security risks in all fields on a regular basis.
The relevant departments shall, on a regular basis, submit national security risk assessment reports to the central leading body for national security.
Article 57 The state shall improve the rules for the monitoring and warning of national security risks and, based on the extent of national security risks, issue corresponding risk warnings in a timely manner.
Article 58 Where an event compromising national security may occur or has occurred, the local people's government at or above the county level and its relevant competent department shall, as legally required, immediately report to the people's government at the next higher level and its relevant competent department, and when necessary, may report to their superiors regardless of levels.
Section 4 Review and Supervision
Article 59 The state shall establish the rules and mechanisms for national security review and supervision, and conduct national security review of foreign investment, particular materials and key technologies, and network information technology products and services that affect or may affect national security, construction projects that involve national security matters, and other major matters and activities to effectively prevent and resolve national security risks.
Article 60 All departments of the state's central authorities shall, in accordance with laws and administrative regulations, perform the functions of national security review and, in accordance with the law, make national security review decisions or offer security review opinions and oversee the implementation thereof.
Article 61 Provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the law, be responsible for work on national security review and supervision within their respective administrative regions.
Section 5 Crisis Management and Control
Article 62 The state shall establish the rules for the orderly and efficient management and control of national security crises to ensure unified leadership and concerted action.
Article 63 Where any serious event compromising national security occurs, the relevant central departments and the relevant local authorities shall, under the unified arrangements of the central leading body for national security, initiate emergency response plans and take management, control, and disposition measures in accordance with the law.
Article 64 Where any extremely serious event compromising national security occurs and declaration of a state of emergency or a state of war or national general mobilization or regional mobilization is necessary, the National People's Congress, the Standing Committee of the National People's Congress, or the State Council shall make a decision in accordance with the power and procedures prescribed in the Constitution and the relevant laws.
Article 65 After the state decides to declare a state of emergency or a state of war or implement national defense mobilization, the relevant authorities that perform the functions of managing and controlling national security crises shall, in accordance with the provisions of laws or the provisions issued by the Standing Committee of the National People's Congress, have the power to take special measures to restrict the rights of and increase the obligations of citizens and organizations.
Article 66 The relevant authorities that perform the functions of managing and controlling national security crises shall, in accordance with the law, take management and control measures commensurate with the nature, extent, and scope of damage that may be caused by national security crises to dispose of such crises; and if there are multiple measures available, they shall choose the measures that help protect the rights and interests of citizens and organizations to the most extent.
Article 67 The state shall improve the information reporting and release mechanism for national security crises.
After a national security crisis occurs, the relevant authorities that perform the functions of managing and controlling national security crises shall, as legally required, report in an accurate and timely manner, and in accordance with the law, release in a unified manner to the public the information on the occurrence, development, management and control, and follow-up of the national security crisis.
Article 68 After a threat to national security and damage caused by it have been controlled or eliminated, the management and control measures taken to dispose of the threat and damage shall be removed in a timely manner, and follow-up shall be properly conducted.
Chapter V National Security Safeguards
Article 69 The state shall improve a national security safeguards system, and enhance the capability to maintain national security.
Article 70 The state shall improve the national security legal system, and promote the development of rule of law on national security.
Article 71 The state shall increase investment in national security constructions, and guarantee the funds and equipment needed for national security work.
Article 72 Entities that undertake the tasks of reserving strategic materials for national security shall, in accordance with the relevant provisions and standards of the state, store, preserve, and maintain national security materials, adjust and replace them on a regular basis, and ensure the use efficiency and safety of reserved materials.
Article 73 Science and technology innovations in the field of national security shall be encouraged to allow science and technology to play its role in maintaining national security.
Article 74 The state shall take necessary measures to recruit, train, and manage professionals and special personnel for national security work.
As needed for maintaining national security, the state shall, in accordance with the law, protect the identities and lawful rights and interests of national security staff members of the relevant authorities, and increase efforts in their personal protection and resettlement.
Article 75 National security authorities, public security authorities, and the relevant military authorities may, in accordance with the law, conduct specialized national security work by necessary means and methods, and the relevant departments and local authorities shall provide support and cooperation within the scope of their functions.
Article 76 The state shall strengthen the publicity of national security news and the guidance of public opinion, conduct national security publicity and education activities in multiple forms, include national security education in the national education system and civil servant education and training system, and enhance the national security awareness of all the people.
Chapter VI Obligations and Rights of Citizens and Organizations
Article 77 Citizens and organizations shall perform the following obligations to maintain national security:
(1) They shall comply with the provisions of the Constitution, laws, and regulations in relation to national security.
(2) They shall report clues to activities that compromise national security in a timely manner.
(3) They shall honestly provide evidence of activities compromising national security to their knowledge.
(4) They shall facilitate or provide other assistance to national security work.
(5) They shall provide necessary support and assistance to national security authorities, public security authorities, and the relevant military authorities.
(6) They shall keep confidential the state secrets to which they have access.
(7) Other obligations as prescribed by laws and administrative regulations.
No individual or organization shall compromise national security or provide any funding or assistance to any individual or organization that compromises national security.
Article 78 Authorities, people's groups, enterprises, public institutions, and other social organizations shall provide education on maintaining national security to their personnel, and mobilize and organize their personnel to prevent and frustrate conduct that compromises national security.
Article 79 According to the requirements of national security work, enterprises and public institutions shall assist the relevant departments in taking the relevant security measures.
Article 80 The conduct of citizens and organizations to support and assist in national security work shall be protected by the law.
Where the personal safety of a citizen or any close relative thereof is in danger as a result of supporting or assisting in national security work, the citizen may request protection from the public security authority or national security authority. The public security authority or national security authority shall, in conjunction with the relevant departments, take protective measures in accordance with the law.
Article 81 Where any citizen or organization suffers any property loss as a result of supporting or assisting in national security work, the citizen or organization shall be compensated in accordance with the relevant provisions of the state; and if any bodily injury or death is caused, the citizen or organization shall receive a pension and other preferential treatment in accordance with the relevant provisions of the state.
Article 82 Citizens and organizations shall have the right to submit criticism and suggestions on national security work to state authorities, and have the right to file complaints, accusations, and reports against state authorities and their staff members for violations of law and neglect of duty in national security work.
Article 83 Where it is necessary in national security work to take special measures to restrict citizens' rights and freedom, such measures shall be taken in accordance with the law and to the extent of actual needs for maintaining national security.
Chapter VII Supplemental Provisions
Article 84 This Law shall come into force on the date of issuance.