National Security Law

Source: http://www.chinadaily.com.cn/hqcj/zgjj/2015-07-01/content_13912103.html

Given heightened interest in this document, please only correct typos and obvious errors. Style differences and terminology questions, make for great conversation and should be brought up in comments.

National Security Law of the People's Republic of China

(Passed on July 1, 2015 at the 15th meeting of the Standing Committee of the 12th National People's Congress)

Chapter I: General Provisions

Chapter II: Tasks in preserving national security

Chapter III: Duties of preserving national security

Chapter IV: National Security System

Section 1: Ordinary Provisions

Section 2: Intelligence Information

Section 3: Risk Prevention, Assessment and Warning

Section 4: Review and Oversight

Section 5: Crisis Management and Control

Chapter V: National Security Safeguards

Chapter VI: Duties and Rights of Citizens and Organizations

Chapter VII: Supplementary Provisions

Chapter I: General Provisions

Article 1: This Law is formulated on the basis of the Constitution so as to maintain national security, to defend the people's democratic dictatorship and the socialist system with Chinese characteristics, to defend the fundamental interests of the people, to ensure the smooth implementation of the reform and opening up and establishment of socialist modernization and to realize the great revival of the Chinese nationality.

Article 2: National security refers to the relative absence of international or domestic threats to the state's power to govern, sovereignty, unity and territorial integrity, the welfare of the people, sustainable economic and social development, and other major national interests, and the ability to ensure a continued state of security.

Article 3: National security efforts shall adhere to a comprehensive understanding of national security, make the security of the People their goal, political security their basis and economic security their foundation; make military, cultural and social security their safeguard and advance international security to protect national security in all areas, build a national security system and follow a path of national security with Chinese characteristics.

Article 4: Adhere to the leadership of the Chinese Communist Party in national security matters and establish a centralized, efficient and authoritative national security leadership system.

Article 5: A central national security leading institution is responsible for deciding and coordinating national security efforts, for conducting research to develop and guide the implementation of strategies and relevant major policies in national security efforts；for coordinating major issues and important efforts in national security, and for promoting the building of national security rule of law.

Article 6: The state formulates and continuously improves national security strategy,comprehensively assesses the international and domestic national security situation, clarifies guidelines for the national security, medium and long-term goals and national security policies, tasks and measures for key areas.

Article 7: The preservation of national security shall follow the Constitution and laws, adhere to the principles of socialist rule of law, respect and protect human rights, and protect citizens' rights and freedom in accordance with law.

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

National security efforts shall have an overall plan for internal and external security, homeland and populace security, traditional and non-traditional security, and personal and collective security,

Article 9: The preservation of national security shall persist in putting prevention first and treating both symptoms and root causes, combining special efforts and the mass line, fully bringing into play special organs' and other relevant departments' functions in maintaining national security, widely mobilizing citizens and organizations to guard against and punish conduct endangering national security.

Article 10: The preservation of national security shall persist in mutual trust, mutual benefit, equality and coordination; actively developing security exchanges and cooperation with foreign governments and international organizations, performing international security obligations, promoting common security and maintaining world peace.

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

The sovereignty and territorial integrity of China cannot be encroached upon or divided. Preservation of national sovereignty and territorial integrity is a shared obligation of all the Chinese people, including compatriots from Hong Kong, Macao and Taiwan.

Article 12: Individuals and organizations making outstanding contributions in efforts to maintain the national security are give commendations and awards.

Article 13: Any individual or organization violating this law and other relevant laws,by failing to perform national security obligations or engaging in activities endangering national security, shall be investigated for legal responsibility according to law.

Any individual or organization violating this law and other relevant laws,by failing to perform national security obligations or engaging in activities endangering national security, shall be investigated for legal responsibility according to law.

Article 14: April 15 of each year is national security education day.

Chapter II: Tasks in preserving national security

Article 15: The State persists in the leadership of the Chinese Communist Party, maintaining the socialist system with Chinese characteristics, developing socialist democratic politics, completing socialist rule of law, strengthening mechanisms for restraint and oversight of the operation of power, and ensuring all rights of the people as the masters of the nation, and strengthening restraint and oversight mechanisms on the operation of power.

The State guards against, stops, and lawfully punishes acts of treason, division of the nation, incitement of rebellion, subversion, or instigation of subversion, of the people's democratic dictatorship regime; guards against, stops, and lawfully punishes the theft or leaking of state secrets and other conduct endangering national security; and guards against, stops, and lawfully punishes acts of infiltration, destruction, subversion or separatism by foreign influences .

Article 16: The state maintains and develops the most extensive fundamental interests of the people , defending the people's security; creating positive conditions for survival and development and a positive environment for living and working; ensuring the safety of citizens' person and property and other lawful rights and interests.

Article 17: The State increases the construction of border defense, coastal defense, and air defense, taking all necessary defense and control measures to defend the security of continental territory, internal waterbodies, territorial waters and airspace, and to maintain national territorial sovereignty and maritime rights and interests.

Article 18: The State makes the armed forces more revolutionary, contemporary, regular; establishing and defending national security and developing the necessary related armed forces; implements an active military defense strategy directives, taking precautions against and withstanding invasion, stopping armed subversion and separatism; develops international military security cooperation, carrying out military actions in U.N. peacekeeping, international rescue, maritime escort, and protection of the State's oversees interests, and preserves State sovereignty, security, territorial integrity, development interests, and world peace.

Article 19: The State maintains the basic economic system and order of the socialist marketplace, completing institutional mechanisms for prevention and resolution of risks to economic security, safeguarding security in important industries and fields that influence the populace's economic livelihood, key production, major infrastructure and major construction project as well as other major economic interests.

Article 20: The State completes macro financial management and financial risk prevention and handling mechanisms, enhancing the construction of financial infrastructure and fundamental capacity, preventing and resolving the occurrence of systemic or regionalized financial risks, and preventing and resisting encroachment of external financial risks.

Article 21: The State rationally exploits and protects resources and energy sources, effectively managing and controlling the exploitation of strategic resources and energy sources, strengthening strategic reserves of resources and energy sources, improving the establishment of strategic paths of, or transport of, resources and energy sources and security protection measures, increasing international cooperation on resources and energy sources, comprehensively raising safeguard capacity for response, and guaranteeing the sustainable, reliable and effective provision of resources and energy sources necessary for economic and social development.

Article 22: The State completes a food security safeguard system, protecting and improving the overall food production capacity, improving the system for food reserves, the transport system, and market regulatory mechanisms; completing early warning systems for food security, ensuring security food supplies and quality.

Article 23: The State adheres to the orientation of the advanced socialist culture, carrying forward the excellent traditional culture of the Chinese people, cultivating and practicing the Core Socialist Values, guarding against and resisting negative cultural influences, taking hold of dominance in the ideological, culture and enhancing the overall strength and competitiveness of the entire culture.

Article 24: The State strengthens the establishment of capacity for independent innovation, accelerating the development of autonomously controlled strategic advanced technologies and key technologies in core fields, strengthen the use of intellectual property rights, protect capacity building in protection of technological secrets, and ensure security in technology and engineering.

Article 25: The State establishes a national network and information security safeguard system, raising the capacity to protect network and information security; increasing innovative research, development and use of network and information technologies; to bring about security core techniques and key infrastructure for networks and information, information systems in important fields, as well as data; increasing network management, preventing, stopping and lawfully punishing unlawful and criminal activity on networks such as network attacks, network intrustion, cybertheft, and dissemination of unlawful and harmful information; maintaining cyberspace sovereignty, security and development interests.

Article 26: The State adheres to and improves upon the ethnic autonomous region system, solidifying and developing unity and mutual aid, a harmonious socialist ethnic relationships. Upholding the equality of all ethnicities, strengthening interaction, communication, and mingling of ethnicities, and preventing, stopping, preventing, and lawfully punishing activities that divide ethnicities to preserve social tranquility and the unity of the motherland in ethnic regions, realizing ethnic harmony and a common unified struggle and the common prosperous development of all ethnicities.

Article 27: The Sate lawfully protects citizens' freedom of religious belief and normal religious activities, upholds the principle of religions managing themselves, preventing, stopping and lawfully punishing the exploitation of religion's name to conduct illegal and criminal activities that endanger national security, and opposes foreign influences interference with domestic religious affairs, maintaining normal order of religious activities.

The State shuts down cult organizations in accordance with law, preventing, stopping, lawfully punishing and correcting illegal and criminal cult activities.

Article 28: The State opposes all forms of terrorism and extremism, and increases the capacity to prevent and handle of terrorist activities, developing efforts in areas such as intelligence, investigation, prevention, handling and capital monitoring in accordance with law, lawfully putting an end to terrorist organizations and strictly punishing violent terrorist activities.

Article 29: The State completes effective institutional mechanisms for prevention and resolution of social conflicts, completes the public safety system; actively preventing, reducing and resolving social contradictions; improve the handling of public health, public safety and other types of outbreaks that influence national security and social stability; promoting social harmony and maintaining public safety and societal tranquility.

Article 30: The State improves ecological and environmental protection systems, increasing the force of ecological establishment and envrionmental protection, drawing red lines for ecologic protections, fortifying early warning and prevention mechanisms for ecologic risks, improving disposition of prominent environmental incidents, ensuring the air, water, soil and other natural environmental conditions upon which the people rely are not threatened or destroyed, promoting harmonious development of man and nature.

Article 31: The State persists in peacefully using nuclear power and nuclear technology, strengthening international cooperation, preventing the proliferation of nuclear technology and improving diffusion mechanisms; strengthening management, oversight and protection of nuclear materials, nuclear activities, and disposal of nuclear waste; and increasing the capacity to respond to nuclear incidents; preventing controlling and eliminating threats by nuclear incidents to citizens' lives and well-being and to the ecological environment; continuously increasing capacity to effectively repond to and prevent nuclear threats and attacks.

Article 32: The State persists in the peaceful exploration and use of outer space, international seabed areas and polar regions, increasing capacity for safe passage, scientific investigation, development and exploitation; strengthening international cooperation, and preserving the security of our nation's activities and assets in outer space, seabed areas and polar regions, and other interests.

Article 33: The State takes necessary measures in accordance with law to protect the security and legitimate rights and interests of overseas Chinese citizens, organizations and institutions; and ensures the nation's overseas interests are not threatened or encroached upon.

Article 34: The State continuously improves the tasks of preserving national security based on the needs of economic and social development and national development interests.

Chapter III: Duties of preserving national security

Article 35: The National People's Congress decides issues of war and peace in accordance with Constitutional provisions, and implements constitutional provisions' other duties relating to national security.

The Standing Committee of the National of the National People's Congress declares states of war and full or partial mobilizations, in accordance with constitutional provisions, and decisions for the nation or individual provinces, autonomous regions, or directly governed municipalities to enter a state of emergency; and excercises the other powers involving national security invested by constitutional provisions and the National People's Congress.

Article 36: The President of the People's Republic of China, on the basis of the National People's Congress decision and the decision of the Standing Committee of the National of the National People's Congress, announces entry into a state of emergency, announces a state of war, issues mobilization orders, and exercises other duties related to national security provided for by the Constitutional provisions.

Article 37: The State Council, on the basis of the Constitution and laws, drafts administrative regulations and rules related to national security, providing for relevant administrative measures, release relevant decisions and orders; implements national security laws, regulations and policies; follows the law to decide on some regions at the provincial, autonomous region, or directly governed municipality scale entering a state of emergency; exercises other powers given by the Constitution, laws, regulations and the National People's Congress and it's Standing Committee.

Article 38: The central military commission leads the national armed forces, decides military strategy and armed forces combat objectives, uniformly directs military actions for maintaining national security, and drafts military regulations for national security and releases relevant decisions and orders.

Article 39: All departments of central state organs divide labor in accordance with their duties, fully implementing national security directives and policies， and laws and regulations, managing and guiding national security efforts in that system or field.

Article 40: All levels of local people's congress and standing committees of people's congresses at the county level or above ensure compliance with and enforcement of national security laws and regulations within that administrative region.

Local people's governments at all levels follow laws and regulations to manage national security efforts in that administrative region.

The Hong Kong Special Administrative Region, and Macao Special Administrative Region shall fulfill responsibilities for the preservation of national security.

Article 41: People's courts follow legal provisions to exercise the power of adjudication; people's procuratorates follow legal provisions to exercise prosecution powers, and punish crimes endangering national security.

Article 42: State security organs and public security organs lawfully collect intelligence information related to national security, and perform their duties in accordance with law to investigate, detain, do pretrial work and conduct arrests as well as other duties provided by law.

Relevant military organs lawfully perform their duties in accordance with law in the course of national security efforts.

Article 43: State organs and their employees shall implement the principle of preserving national security.

State organs and their personnel shall strictly handle matters in accordance with law when working on national security efforts and activities related to national security, and must not exceed or abuse their authority, and must not infringe the lawful rights and interests of individuals or organizations.

Chapter IV: National Security System

Section 1: Ordinary Provisions

Article 44: The Central leading institution on national security carries out a national security system and working mechanisms that combine centralization and decentralization with highly effective coordination.

Article 45: The State establishes coordination mechanisms for national security efforts in key fields, planning overall coordination of relevant central functional departments advancement of relevant work.

Article 46: The State establishes mechanisms for oversight, urging, inspections and pursuit of responsibility in national security efforts, ensuring the national security strategy and major deployments are fully implemented.

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

Article 48: On the basis of national security work requirements, the state establishes mechanisms for cross-departmental consultation, to hold consultation on major matters in efforts to maintain national security.

Article 49: The State establishes coordination and linkage mechanisms on national security between the center and localities, between departments, between military and civilians and between regions.

Article 50: The State establishes mechanisms for national security decision making consultation, organizing experts and relevant parties to carry out national security analysis of the national security situation and advance the scientific decision making in national security.

Section 2: Intelligence Information

Article 51: The State establishes systems for gathering, assessing and using intelligence information, that are uniform and centralized, adeptly reactive, accurate and effective and smoothly operational; and establishes mechanisms for the prompt collection, accurate assessment and effective use and sharing of intelligence information

Article 52: State security organs,public security organs and relevant military organs gather intelligence information related to national security, dividing labor on the basis of their duties and in accordance with law.

State organs' departments shall promptly report up information relevant to national security that they acquire in the course of performing their duties.

Article 53: The carrying out of intelligence information efforts shall fully utilize contemporary scientific and technical techniques, strengthening the distinction, screening, synthesis and analytic assessment of intelligence information.

Article 54: Reporting of intelligence information shall be prompt, accurate, and objective, and there must be no delays, omissions, concealment or falsehoods in reporting.

Section 3: Risk Prevention, Assessment and Warning

Article 55: The State formulates and improves a national security risk response plan for each field.

Article 56: The State establishes national security risk assessment mechanisms periodically carrying out national security risk assessment in each field.

relevant departments shall periodically submit national security risk assessment reports to the central leading institution on national security

Article 57: The state completes national security risk monitoring and early warning systems, and in accordance with the degree of national security risk, promptly release related risk warnings.

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 it's competent departments regarding national security incidents that might soon occur or have already occurred, and when necessary may report up several levels.

Section 4: Review and Oversight

Article 59: The State establishes national security review and oversight management systems and mechanisms, conducting national security review of foreign commercial investment, special items and technologies, internet information technology produces and services, projects involving national security matters, as well as other major matters and activities, that impact or might inpact national security.

Article 60: Each department of central state organs carries out the duty of national security reviews, issues national security review opinions, and supervises enforcement in accordance with law and administrative regulations.

Article 61: Provinces, autonomous regions, and directly governed municipalities are responsible for national security review and regulation in their administrative region in accordance with law.

Section 5: Crisis Management and Control

Article 62: The State establishes a national security crisis management and control system with uniform leadership, coordinated linkages, that is orderly and highly effective.

Article 63: Where an especially major incident endangering national security occurs, relevant central departments and regions follow the uniform deployment of the Central leading institution on national security, lawfully initiate emergency response plans, and employ control and management disposition measures.

Article 64: Where an especially major incident endangering national security occurs requiring entry into a state of emergency, state of war or general mobilization or partial mobilization, the National People's Congress and the Standing Committee of the National People's Congress or the State Council follow the scope of authority and procedural decisions in the Constituion and relevant legal provisions.

Article 65: After the State decides to enter a state of emergency, state of war or to mobilize national defense, relevant organs performing national security crisis management and control follow legal provisions or provisions of the Standing Committee of the National People's Congress in accordance with law, and have the right to employ special measures limiting citizens and organizations rights, increase citizens and organizations obligations.

Article 66: Relevant organs performing national security crisis management and control duties that lawfully adopt management and control measures to address national security crises, shall match them to the nature, extent and scope of the harm that might be caused by the national security crisis.

Article 67: The State establishes mechanisms for information reporting and release on national security crises.

After national security crises occur, relevant organs performing national security crisis management and control duties shall follow provisions to promptly and accurately report, and make uniform announcements on the occurrence, development, control and management and aftermath of the national security crisis.

Article 68: After national security threats and crises have been controlled or eliminated, control and management measures shall be promptly lifted and aftermath efforts done well.

Chapter V: National Security Safeguards

Article 69: The State completes a system of national security safeguards, increasing capacity to preserve national security.

Article 70: The State completes the system of laws on national security, promoting the establishment of national security rule of law.

Article 71: The State increases investment in all matters of national security construction to ensure that national security efforts have the necessary funds and equipment.

Article 72: Units undertaking national security strategic stockpile tasks, shall follow the relevant national provisions and standards to stockpile, protect and maintain national security reserves, and periodically adjust and change them to guarantee the effectiveness and security of the stockpile reserves.

Article 73: Technological innovation is encouraged in the national security field, bringing into play the role of technology in maintaining national security.

Article 74: The State employs necessary measures to recruit, cultivate and manage professional talent and special talent in national security efforts.

As needed by efforts to maintain national security, the State lawfully protects the identity and lawful rights and interests of personnel at state organs specially engaged in national security efforts, increasing the extent of physical protections and placement safeguards.

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

Article 76: The state strengthens new publicity and guidance of popular opinion on national security, developing national security publicity and educational activities through multiple forms; and including national security education in the citizens' education system and public officials' education training systems, strengthening the awareness of the entire populace.

Chapter VI: Duties and Rights of Citizens and Organizations

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

(1) Obeying the relevant provisions of the Constitution, laws, and regulations regarding national security.

(2) promptly reporting leads on activities endangering national security;

(3) Truthfully providing evidence they become aware of related to activities endangering national security.

(4) Providing conditions to facilitate national security efforts and other assistance;

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

(6) Keeping state secrets they learn of confidential;

(7) Other duties provided by law or administrative regulations.

Individuals and organizations must not act to endanger national security, and must not provide any kind of support or assistance to individuals or organizations endangering national security.

Article 78: State organs, mass organizations, enterprises, public institutions, and other social organizations shall cooperate with relevant departments in employing relevant security measures as required by national security efforts. shall educate their units' personnel on the maintaining national security , and mobilize and organize them to prevent conduct endangering national security.

Article 79: Enterprises, public institutions, and organizations shall cooperate with relevant departments in employing relevant security measures as required by national security efforts.

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

Where due to supporting or assisting national security efforts, a person or his close relatives face a threat to their physical safety, they may request protection from the public security organs and state security organs. Public security organs and state security organs shall employ protective measures together with relevant departments.

Article 81: Where citizens and organizations suffer asset losses caused because they supported or assisted national security work follow the relevant national provisions to obtain compensation; where physical injury or death was caused, follow relevant national provisions to give bereavement benefits.

Article 82: Citizen's and organizations have the right to raise criticisms and recommendations to state organs regarding national security efforts, and have the right to file complaint appeals, accusations or reports regarding unlawful activity of state organs and their personnel.

Article 83: In national security work, when special measures are required that restrict the rights and freedoms of citizens, they shall be conducted in accordance with law, and limited by the actual needs to of safeguarding national security.

Chapter VII: Supplementary Provisions

Article 84: This law takes effect on the date of promulgation.