Chapter I General Principles
Article 1 In order to protect state scientific and technological secrets and promote the development of science and technology, these Provisions are formulated in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets, the Law of People's Republic of China (PRC) on Scientific and Technological Progress and the Regulations for the Implementation of the Law of People's Republic of China (PRC) on Guarding State Secrets.
Article 2 The term "state scientific and technological secrets" as mentioned in these Provisions refers to matters involving national security and interests in scientific and technological plans, plans, projects and achievements that are determined in accordance with legal procedures and only known to a certain range of people within a certain period of time.
Article 3 These Provisions shall apply to the work of state organs, units (hereinafter referred to as organs and units) and individuals to keep state scientific and technological secrets (hereinafter referred to as scientific and technological secrets).
Article 4 The work of scientific and technological secrecy adheres to the principles of active prevention, focusing on key points and management according to law, which not only ensures the safety of national scientific and technological secrets, but also promotes the development of science and technology.
Fifth science and technology security work should be combined with science and technology management, synchronous planning, deployment, implementation, inspection, summary and evaluation, and implement the whole process management.
Article 6 The state administrative department of science and technology shall administer the national science and technology secrecy work. The administrative departments of science and technology of provinces, autonomous regions and municipalities directly under the Central Government shall administer the scientific and technological secrecy within their respective administrative areas.
The central state organs shall, within the scope of their duties, manage or guide the scientific and technological secrecy work of their own industries and systems.
Article 7 The state secrecy administrative department shall guide, supervise and inspect the scientific and technological secrecy work throughout the country according to law. The local secrecy administrative departments at or above the county level shall guide, supervise and inspect the scientific and technological secrecy work within their respective administrative areas according to law.
Article 8 Organs and units shall implement the responsibility system for scientific and technological secrecy, improve the management system for scientific and technological secrecy, improve the protection measures for scientific and technological secrecy, carry out publicity and education on scientific and technological secrecy, and strengthen the inspection of scientific and technological secrecy.
Chapter II Scope and Classification of State Scientific and Technological Secrets
Ninth scientific and technological matters involving national security and interests, which may cause one of the following consequences after disclosure, shall be determined as national scientific and technological secrets:
(1) Weakening the capacity of national defense and public safety;
(2) reducing the international competitiveness of national science and technology;
(3) Restricting the long-term development of the national economy and society;
(4) Damage to national reputation, rights and interests and foreign relations.
The specific scope of state science and technology secrets and their classification (hereinafter referred to as the scope of state science and technology secrets) shall be formulated separately by the state secrecy administrative department in conjunction with the state science and technology administrative department.
Article 10 State scientific and technological secrets are classified into three levels: top secret, confidential and secret. The classification of state scientific and technological secrets shall be determined according to the degree of damage that may be caused to state security and interests after disclosure.
In principle, science and technology are not defined as top secret national science and technology secrets, except that disclosure will bring particularly serious damage to national security and interests.
Eleventh scientific and technological matters under any of the following circumstances are not determined to be state scientific and technological secrets:
(1) It has been made public at home and abroad;
(two) it is difficult to take effective measures to control the scope of knowledge;
(3) Not having international competitiveness and not involving national defense and public safety capabilities;
(four) the traditional craft that has been circulated or restricted by natural conditions.
Chapter III Determination, Alteration and Dissolution of State Scientific and Technological Secrets
Twelfth central state organs, provincial organs and their authorized organs and units can determine top secret, confidential and secret national scientific and technological secrets; Municipal and autonomous prefecture-level organs divided into districts and their authorized organs and units may determine the classification and secret level of state scientific and technological secrets.
Thirteenth national science and technology secrecy authorization shall comply with the relevant provisions of the state secrecy management. The authorization of state scientific and technological secrets classified by central state organs shall be filed with the state administrative department for science and technology and the state secrecy administrative department. The authorization of state scientific and technological secrets classified by provincial organs and organs at the level of cities divided into districts and autonomous prefectures shall be filed with the administrative departments of science and technology of provinces, autonomous regions and municipalities directly under the Central Government and the administrative departments of confidentiality.
Article 14 The responsible persons of organs and units and their designated personnel are responsible for keeping state scientific and technological secrets, and are responsible for determining, changing and decrypting the state scientific and technological secrets of their organs and units.
Fifteenth organs, units and individuals that need to be identified as state scientific and technological secrets shall take security measures in advance and keep them confidential in the following ways:
(a) the organs and units that belong to the provisions of Article 12 of these Provisions shall determine their secrets in accordance with the confidentiality authority;
(two) organs and units that do not belong to the provisions of Article twelfth of these Provisions shall be submitted to the higher authorities and units with corresponding confidentiality rights; If there is no superior organ or unit, it shall be kept confidential by the competent business department with corresponding confidentiality authority; If there is no competent business department, it shall be reported to the administrative department of science and technology of the province, autonomous region or municipality directly under the Central Government for confidentiality;
(3) The scientific and technological achievements completed by individuals that meet the requirements of Article 9 of these Provisions shall be reported to the administrative departments of science and technology of provinces, autonomous regions and municipalities directly under the Central Government for confidentiality after being assessed and tested to be mature and reliable.
Article 16 Where the technology subject to market access management or the scientific and technological matters involved in the products subject to market access management need to be determined as national scientific and technological secrets, it shall be reported to the relevant departments in the State Council for approval.
Seventeenth organs and units in the following aspects of science and technology management, should do a good job of confidentiality in a timely manner:
(a) the preparation of science and technology planning;
(2) to formulate plans for science and technology;
(3) setting up scientific and technological projects;
(4) Evaluation and appraisal of scientific and technological achievements;
(5) acceptance of scientific and technological projects.
Article 18 When determining the state scientific and technological secrets, the name, classification, duration, focus and scope of knowledge shall be determined at the same time.
Article 19 The confidentiality points of state scientific and technological secrets refer to the core matters or information that must be kept confidential, which mainly include the following contents:
(a) the national science and technology development strategy, principles, policies and special plans that should not be made public;
(two) the development goals, routes and processes of classified projects;
(3) Resources, species, articles, data and information in sensitive areas;
(4) Key technical know-how, parameters and processes;
(five) the application direction of scientific and technological achievements;
(six) other core information that will harm national security and interests after disclosure.
Article 20 Under any of the following circumstances, the classification, duration or scope of state scientific and technological secrets shall be changed in time:
(a) the laws and regulations on which the confidentiality is based or the scope of the national scientific and technological confidentiality matters have changed;
(2) The degree of damage to national security and interests will change obviously after the leak.
Changes in state scientific and technological secrets shall be decided by the original secrecy organ or unit, or by its superior organ or unit.
Article 21 State scientific and technological secrets shall be declassified by themselves when the specific confidentiality period expires, the declassification time has expired or the declassification conditions are met. In any of the following circumstances, it shall be decrypted in advance:
(a) has spread and can not take remedial measures;
(two) the laws and regulations or the scope of the state science and technology secrets are adjusted, and they no longer belong to the state science and technology secrets;
(3) Disclosure will not harm national security and interests.
Early decryption shall be decided by the original secrecy organ or unit, or by its superior organ or unit.
Article 22 Where it is necessary to extend the confidentiality period of state scientific and technological secrets, a decision shall be made before the expiration of the original confidentiality period, and the original informed organ, unit or personnel shall be notified in writing. The extension of the confidentiality period shall be decided by the original secrecy organ or unit or by its superior organ or unit.
Article 23 The determination, alteration and declassification of state scientific and technological secrets shall be put on record:
(1) The administrative departments of science and technology of all provinces, autonomous regions and municipalities directly under the Central Government and the relevant departments of the central state organs shall, before 65438+February 3 1 every year, report the national science and technology secrets determined, changed and dissolved in their respective administrative regions or departments in that year to the administrative department of science and technology for the record;
(two) other organs and units to determine, change and revoke the state science and technology secrets, should be determined, changed and revoked within 20 working days after the report to the administrative department of science and technology of the government at the same level for the record.
Article 24 If the administrative department of science and technology finds that the determination, alteration and dissolution of state scientific and technological secrets of organs and units are improper, it shall promptly notify them to correct them.
Twenty-fifth organs and units have different opinions on whether the confidential matters belong to the state scientific and technological secrets or what kind of classification they belong to, and they shall be handled in accordance with the relevant state secrecy regulations.
Chapter IV Confidentiality Management of State Scientific and Technological Secrets
Article 26 The state administrative department of science and technology shall administer the national science and technology secrecy work. The main responsibilities are as follows:
(a) in conjunction with the relevant departments to formulate or jointly formulate rules and regulations on scientific and technological confidentiality;
(two) to guide and manage the work of national science and technology secrets;
(three) according to the provisions of the review of foreign-related national scientific and technological secrets;
(four) to inspect the state science and technology secrecy work, and assist the state secrecy administrative department to investigate and deal with cases of leaking state science and technology secrets;
(5) Organizing publicity, education and training on science and technology secrecy;
(six) in recognition of advanced collectives and individuals in the national science and technology security work.
The state administrative department of science and technology shall set up the State Office of Science and Technology Secrecy, which shall be responsible for the daily work of the State Administration of Science and Technology Secrecy.
Twenty-seventh provinces, autonomous regions and municipalities directly under the central government, the administrative departments of science and technology and the relevant departments of the central state organs shall set up or designate special institutions to manage scientific and technological secrecy. The main responsibilities are as follows:
(a) to implement the principles and policies of the state on scientific and technological secrecy, and to formulate rules and regulations on scientific and technological secrecy in their respective administrative regions, departments or systems;
(two) to guide and manage the national science and technology security work in the administrative region, the department or the system;
(three) according to the provisions of the review of foreign-related national scientific and technological secrets;
(four) to supervise and inspect the scientific and technological secrecy work of the administrative region, the department or the system, and assist the secrecy administrative department to investigate and deal with cases of leaking state scientific and technological secrets;
(five) the organization of the administrative region, the department or the system of science and technology publicity, education and training;
(six) in recognition of the advanced collectives and individuals in the administrative region, the department or the system.
Twenty-eighth organs and units in charge of their own scientific and technological security work. The main responsibilities are as follows:
(a) to establish and improve the scientific and technological security management system;
(2) establishing or designating specialized agencies to manage scientific and technological secrecy;
(three) to carry out the work of keeping state scientific and technological secrets in accordance with the law, and to manage secret-related scientific and technological activities, projects and achievements;
(four) to determine the personnel involved in national scientific and technological secrets (hereinafter referred to as the secret-related personnel), and strengthen the publicity, education and training, supervision and management of the secret-related personnel;
(five) to strengthen the safety management of computer and information systems, secret vector and confidential meetings, and strictly review foreign scientific and technological exchanges and cooperation and information disclosure;
(six) in the event of asset reorganization, unit change and other matters affecting the management of national science and technology secrets, timely report to the higher authorities or business authorities.
Twenty-ninth security personnel shall comply with the following confidentiality requirements:
(a) strictly implement the laws, regulations and rules of the state on scientific and technological secrecy and the scientific and technological secrecy system of this organ and unit;
(two) to accept the education, training, supervision and inspection of science and technology security;
(three) when there are confidential scientific and technological matters, take security measures in advance, submit them to the security organs in accordance with the regulations, and report to the scientific and technological security management institutions of this organ and this unit in a timely manner;
(four) before participating in foreign scientific and technological exchanges and cooperation and foreign-related business activities, report to this organ and the scientific and technological security management institution of this unit;
(five) before publishing papers, applying for patents, participating in academic exchanges and other public acts, the confidentiality review procedures shall be performed in accordance with the regulations;
(six) when it is found that the state scientific and technological secrets are being leaked or may be leaked, it shall immediately take remedial measures and report to this organ and the scientific and technological security management institution of this unit;
(seven) when leaving his post, he signed a confidentiality agreement with the organs and units, accepted the confidentiality management during the confidentiality period, and strictly kept the state scientific and technological secrets.
Thirtieth organs, units and individuals shall not involve state scientific and technological secrets in the following scientific and technological cooperation and exchange activities:
(a) to carry out public welfare science and technology lectures, advanced studies, inspection, cooperative research and other activities;
(2) Propagandizing, reporting or publishing papers by using public information networks such as the Internet, radio, movies, television and public newspapers, books, graphic materials and audio-visual products;
(3) Holding public welfare scientific and technological exhibitions and exhibitions.
Thirty-first organs, units and individuals shall strengthen the confidentiality management of state scientific and technological secret information, and the storage and processing of state scientific and technological secret information shall abide by the state secrecy provisions. No organ, unit or individual may commit any of the following acts:
(a) illegal acquisition, possession, reproduction, recording and storage of state scientific and technological secret information;
(2) Using unclassified computers and unclassified storage devices to store and handle state scientific and technological secrets;
(3) transmitting state scientific and technological secret information on public information networks such as the Internet or in wired or wireless communication without security measures;
(4) transmitting state scientific and technological secret information through ordinary postal service, express delivery and other channels without confidentiality measures;
(five) involving state scientific and technological secret information in private exchanges and communications;
(six) other acts in violation of state secrecy provisions.
Thirty-second foreign scientific and technological exchanges and cooperation need to provide state scientific and technological secrets, it should be approved and signed a confidentiality agreement with the other party. Top secret state scientific and technological secrets shall not be provided to the outside world in principle. If it is really necessary to provide it, it shall be approved by the relevant competent departments of the central state organs and reported to the state administrative department of science and technology for approval; The provision of confidential state scientific and technological secrets to the outside world shall be reported to the relevant competent departments of the central state organs for approval; The provision of secret state scientific and technological secrets to the outside world shall be reported to the relevant competent department of the central state organ or the relevant competent department of the people's government of a province, autonomous region or municipality directly under the Central Government for approval.
If the relevant competent department approves the provision of state scientific and technological secrets to the outside world, it shall file with the administrative department of science and technology of the government at the same level within 10 working days.
Thirty-third organs and units to carry out classified scientific and technological activities, should designate a person to be responsible for confidentiality, clear confidentiality discipline and requirements, and strengthen the following aspects of confidentiality management:
(a) to study and formulate a secret science and technology plan, it shall formulate a confidentiality work plan and sign a confidentiality responsibility letter;
(two) to organize the implementation of the confidential science and technology plan, a confidentiality system shall be formulated;
(3) When holding a secret-related science and technology conference or organizing an exhibition or exhibition of secret-related science and technology, necessary safety management measures shall be taken and conducted in a place that meets the safety requirements;
(four) confidential scientific and technological activities should be reviewed before publicity.
Thirty-fourth secret science and technology projects shall strengthen the security management in accordance with the following requirements:
(a) confidential science and technology projects in the guide release, project declaration, expert review, project establishment, project implementation, acceptance, achievement evaluation, transformation and application and science and technology awards should establish a confidentiality system;
(two) confidential science and technology project publishing unit and undertaking unit, undertaking unit and project leader, project leader and participants shall sign a letter of confidentiality responsibility;
(three) the documents, materials and other carriers of secret science and technology projects shall be managed by designated personnel, and a ledger shall be established;
(four) foreign scientific and technological exchanges and cooperation, publicity and display, publishing papers, applying for patents and other confidential scientific and technological projects. , the organizer shall conduct a confidentiality review in advance;
(five) confidential science and technology projects shall not employ overseas personnel in principle, and if it is really necessary to employ overseas personnel, the undertaking unit shall submit it for approval according to the regulations.
Article 35 The secrecy of scientific and technological achievements shall be strengthened in accordance with the following requirements:
(a) the transfer or application of China's confidential scientific and technological achievements shall be reported to the original security organ or unit for approval, and a confidentiality agreement shall be signed with the transferee;
(2) Exporting classified scientific and technological achievements abroad, using classified scientific and technological achievements to set up enterprises abroad, and cooperating with foreign capital and foreign enterprises in China shall be reported to the relevant competent authorities for approval in accordance with the provisions of Article 32 of these Provisions.
Thirty-sixth organs and units shall, in accordance with the provisions of the state, do a good job in the filing and confidentiality management of national scientific and technological secret files.
Thirty-seventh organs and units shall provide funds, personnel and other necessary security conditions for scientific and technological secrecy. The state administrative department of science and technology and the administrative departments of science and technology of provinces, autonomous regions and municipalities directly under the Central Government shall include the funds for scientific and technological secrecy in their departmental budgets.
Article 38 State organs and units shall safeguard the legitimate rights and interests of secret-related personnel. For scientific and technical personnel involved in the secret development of national science and technology, the relevant organs and units shall not affect their awards, recognition and professional title evaluation because their achievements are not suitable for public publication, exchange and promotion.
For papers that cannot be published in public publications due to confidentiality reasons, the relevant organs and units shall give an objective and fair evaluation of the actual level of the papers.
Article 39 The application for intellectual property protection of state scientific and technological secrets shall meet the following requirements:
Top secret national scientific and technological secrets may not apply for ordinary patents or confidential patents;
(2) A confidential or confidential national scientific and technological secret may apply for a confidentiality patent with the approval of the original secrecy organ or unit;
(3) Where a confidential or secret national scientific and technological secret applies for an ordinary patent or is converted from a confidential patent to an ordinary patent, it shall go through the declassification procedures first.
Fortieth organs and units shall commend the collectives and individuals who have made contributions and made remarkable achievements in the work of scientific and technological secrecy; Give criticism and education to those who violate the confidentiality provisions of science and technology; If the circumstances are serious, causing damage to national security and interests, the relevant responsible personnel shall be punished in accordance with relevant laws and regulations, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Forty-first security management involving national defense science and technology, according to the provisions of the relevant departments.
Article 42 The Ministry of Science and Technology and the State Secrecy Bureau shall be responsible for the interpretation of these Provisions.
Article 43 These Provisions shall come into force as of the date of promulgation, and the Provisions on Science and Technology Secrecy promulgated by 1995 (Order No.20 of the State Science and Technology Commission and the State Secrecy Bureau) shall be abolished at the same time.