Measures on Rewarding Citizens for Reporting Conduct Endangering National Security

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Promulgation Date: 2022-6-6
Title: Measures on Rewarding Citizens for Reporting Conduct Endangering National Security
Document Number:国家安全部令第2号
Expiration date: 
Promulgating Entities:Ministry of State Security
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 informants 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.

(5) Where the investigation of reports and leads discovers new conduct threatening national security or illegal entities, duplicate rewards are not to be given;

(6) Other situations of rewards that do not comport with laws, regulations, or rules.

Article 10: Where two or more people make a report, the reward is to be determined in accordance with the following rules:

(1) Where the same incident is reported separately by two or more people, reward the first informant, with the order of informants being based upon the time at which the reports were registered by the national security organs; and other informants may be given rewards in light of the circumstances

(2) Where two or more persons jointly report the same lead or situation, it is to be rewarded as the same report.

Article 11: Based on the factors such as the outcome of the investigation into leads on illegality, the dangerousness of the illegal conduct, and the role played by the report, the national security organs are to comprehensively determine the level of award and give intangible or material rewards.

Where immaterial rewards are given, a reward certificate is to be issued; and where material rewards are given, release reward funds.

Upon the consent of the informants receiving the rewards and the unit to which they belong, the unit may reward the informants.

Article 12: Where rewards are given by releasing prize money,the specific standards are as follows:

(1) Where they played a definite role or made a definite contribution to preventing, stopping, and correcting conduct that endangers national security, a reward of up to 10,000 RMB is to be given;

(2) Where they played an important role or made an important contribution to preventing, stopping, and correcting conduct that endangers national security, a reward of between10,000 and 30,000 RMB is to be given;

(3) Where they played a major role or made a major contribution to preventing, stopping, and correcting conduct that endangers national security, a reward of between30,000 and 100,000 RMB is to be given;

(2) Where they played an especially major role or made an especially major contribution to preventing, stopping, and correcting conduct that endangers national security, a reward of 100,000 or more RMB is to be given;

Chapter III: Reward Procedures

Article 13: National security organs at the districted city level or higher shall initiate the reward procedures within 30 working days of verifying a report that meets the requirements for rewards provided in these Measures and handling the conduct that endangers national security in accordance with law.

Article 14: National security organs shall determine the level of the reward based on articles 11 and 12 of these Measures, and make a reward decision.

Article 15: Within 10 working days of making a reward decision, the national security organs shall notify the informant of the reward decision through appropriate means.

Where the informant waives the reward, conclude the reward procedures.

Article 16: Within 6 months of being notified of the reward decision, the informant shall collect the reward either in person or by entrusting another.

Where they are unable to collect it in time due to special circumstances, the period for collecting the reward may be extended, but must not exceed 3 years at a maximum. Where the informant does not collect the reward in the time provided without legitimate reason, it is to be viewed as waiving the reward.

Article 17: After acquiring the informant's consent, national security organs may conduct reward ceremonies either independently or in conjunction with other related units, so long as security and confidentiality work are completed.

Article 18: The costs of rewards for citizens' reporting conduct that endangers national security is to be included in the budget of the national security organs.

Article 19: National security organs shall strengthen the management of the release of prize money for reporting. The release of prize money for reporting shall be overseen in accordance with law.

Chapter IV: Legal Responsibility

Article 20: Where national security organ personnel have any of the following situations, the responsible leaders and directly responsible personnel are to be punished in accordance with discipline and law, and where a crime is constituted, criminal responsibility is to be pursued in accordance with law:

(1) Fabricating report materials, or inciting or collaborating with others to do so, to falsely obtain prize money;

(2) Leaking information on reports or reporters;

(3) Having others report leads or circumstances of conduct endangering national security that one learned of through their position in order to obtain rewards;

(4) Failing to earnestly check the circumstances of reports, leading to informants who do not meet the requirements for rewards obtaining rewards;

(5) Failing to give rewards in accordance with the requirements and time periods provided to informants who meet the requirements for receiving rewards for reports;

(6) Other situations that shall be pursued for responsibility in accordance with rules, discipline, and law.

Article 21: Where informants have any of the following circumstances, it is to be handled in accordance with law, and where a crime is constituted, criminal responsibility is to be pursued in accordance with law:

(1) Concocted facts to falsely accuse or frame others in the name of making a report;

(2) Deceived or misled to obtain prize money;

(3) Made malicious reports or fabricated incidents to make a report, disrupting the work of the national security organs;

(4) Leaked state secrets or work secrets learned of through the report, causing negative consequences or impact;

Where informants have any of the circumstances provided for in the preceding paragraph and the reward procedures have already been initiated, the reward procedures shall be concluded; where a reward decision has already been made, it shall be revoked; and where rewards have already been implemented, they shall be recovered.

Article 22: Where an informant's unit has any of the following situations, it is to be handled in accordance with law:

(1) Where after an informant reports on activity endangering national security to their unit, the unit does not promptly report to the national security organs or makes ommissions or conceals facts in their reporting, causing negative consequences or impacts;

(2) The unit attacks or retaliates against the informant after they reported leads or circumstances of conduct endangering national security to the national security organs.

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.

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