Promulgation Date: 2022-6-6 Title: Measures for Rewarding Citizens for Reporting Conduct Endangering National Security Document Number:国家安全部令第2号 Expiration date: Promulgating Entities:国家安全部 Source of text: http://news.jcrb.com/jsxw/2022/202206/t20220607_2410334.html
Chapter I: General Provisions
Article 1: These Measures are drafted on the basis of laws and regulations such as the PRC National Security Law, the PRC Counterespionage Law, and The Implementation Rules for the Counterespionage Law, so as to encourage citizens to report conduct endangering national security, to regulate efforts to reward the reporting of conduct endangering national security, and to mobilize all social forces in jointly preserving national security.
Article 2: These Measures apply to the implementation of rewards for citizens reporting conduct endangering national security, by national security organs within the scope of their duties.
Article 3: The rewarding of citizens for reporting conduct endangering national security shall implement the overall national security perspective, persist in having national security entirely for the people and entirely relying on the people, persist in combining professional work and the mass line, and persist in being objective, just, and in adherence with laws and regulations.
Article 4: Citizens may make reports to the national security organs through the following methods:
(1) Calling the national security organs' 12339 phone line for receiving complaints;
(2) Logging on to the national security organs' website platform for receiving reports at www.12339.gov.cn;
(3) Sending a letter to the national security organs;
(4) Going to the national security organs to report in person;
(5) Making reports to the national security organs through other state organs or the unit to which the informant belongs;
(6) Other methods for reporting.
Article 5: Citizens may make reports in their real name or anonymously. Reports made in one's real name shall provide real true identification information and valid contact methods. Where anonymous reporters seek rewards, they shall provide information by which their identity as the informant can be determined.
Real name reporting is to be advocated and encouraged.
Article 6: The national security organs as well as other organizations and individuals that know of situations in accordance with law shall strictly maintain the confidentiality of informants, and must not disclose information related to the identity's of informants in any form without the informant's consent.
Where the physical safety of informants or their families face is endangered due to reporting of conduct endangering national security, they may request protection from the national security organs. In conjunction with relevant departments, the national security organs are to employ protective measures in accordance with law. Where the national security organs find it necessary, they shall promptly and proactively employ protective measures.
Article 7: The national security organs, in conjunction with the departments for publicity, are to coordinate and guide media such as radio, television, periodicals, and the internet to publicize the channels for reporting conduct endangering national security, example cases, and advanced deeds; and are to create, publish, and broadcast relevant publicity pieces such as public interest advertisements and publicity and education programs, strengthening citizens' awareness of protecting national security and increasing citizens' activeness in reporting conduct endangering national security.
Chapter II: Requirements, Methods, and Standards for Rewards
Article 8: The following requirements shall be concurrently met to obtain rewards for reporting:
(1) Have a clear subject of the report, or have specific leads on or circumstances of conduct endangering national security;
(2) The reported matter was not previously known by the national security organs, or even though it was known by the national security organs, the informant provided further specific deals;
(3) The content of the report is found to be true through investigation by the national security organs, and played a role or made a contribution in preventing or correcting the conduct endangering national security.
Article 9: In any of the following situations, rewards are not to be given or are not to given again:
(1) Reports by staff of national security organs or others with legal duties are not to be given rewards;
(2) Where it is impossible to verify the informants' identities or to contact the informant, no reward is to be given;
(3) Where the facts of violations as ultimately verified are not the same as the matter reported, no reward is to be given;
(4) Duplicate rewards are not to be given for multiple reports by the same informant on the same matter; and where the same informant makes 2 or more reports that include related content, duplicate rewards are not to be given for the overlapping content.
Article 10: 两人及两人以上举报的,按照下列规则进行奖励认定:
Article 11: 国家安全机关根据违法线索查证结果、违法行为危害程度、举报发挥作用情况等,综合评估确定奖励等级,给予精神奖励或者物质奖励。
Article 12: 以发放奖金方式进行奖励的,具体标准如下:
Chapter III: Reward Procedures
Article 13: 对于符合本办法规定的奖励条件的举报,应当在举报查证属实、依法对危害国家安全行为作出处理后30个工作日内,由设区的市级以上国家安全机关启动奖励程序。
Article 14: 国家安全机关应当根据本办法第十一条、第十二条,认定奖励等级,作出奖励决定。
Article 15: 国家安全机关应当在作出奖励决定之日起10个工作日内,以适当方式将奖励决定告知举报人。
Article 16: 举报人应当在被告知奖励决定之日起6个月内,由本人或者委托他人领取奖励。
Article 17: 征得举报人同意后,国家安全机关可以单独或者会同有关单位,在做好安全保密工作的前提下举行奖励仪式。
Article 18: 公民举报危害国家安全行为奖励经费按规定纳入国家安全机关部门预算。
Article 19: 国家安全机关应当加强对举报奖金的发放管理。 举报奖金的发放,应当依法接受监督。
Chapter IV: Legal Responsibility
Article 20: 国家安全机关工作人员有下列情形之一的,对负有责任的领导人员和直接责任人员依规依纪依法予以处理;构成犯罪的,依法追究刑事责任:
Article 21: 举报人有下列情形之一的,依法予以处理;构成犯罪的,依法追究刑事责任:
Article 22: 举报人所在单位有下列情形之一的,依法予以处理:
Chapter V: Supplemental Provisions
Article 23: The relevant provisions of these Measures are to be applied in the implementation of rewards for reports by overseas persons.
Article 24: These Measures take effect beginning on the date of their promulgation.