The Secrecy Law stipulates: "The person in charge of an organ or unit and the person designated by it are the person in charge of secrecy work, and are responsible for the determination, alteration and dissolution of state secrets of this organ or unit." This legal provision has created the system of the person responsible for confidentiality in China, which has played an extremely important role in solving the long-standing problems of broad confidentiality subjects, unclear confidentiality responsibilities and irregular confidentiality procedures.

The first is to clarify which institutions need to determine the person in charge of confidentiality. According to the provisions of the Secrecy Law, it is necessary to determine the person responsible for confidentiality, which mainly refers to the organs and units with corresponding confidentiality rights. State secrets are generated by organs and units without confidentiality authority under certain conditions, and their classification levels are also determined after applying for confidentiality in the name of the organs and units and reporting to the higher authorities or the secrecy administrative departments with corresponding confidentiality authority.

The second is to clarify who can be identified as the person responsible for confidentiality. According to the secrecy law, the person responsible for secrecy refers to the organ or unit that has the right to secrecy. In accordance with the secrecy law, determine or appoint personnel who are specifically responsible for the secrecy work of organs and units and be responsible for them. The person in charge of confidentiality includes two types of personnel: one is the legal person in charge of confidentiality, that is, the person in charge of an organ or unit. One is to designate the person in charge of classification, that is, the person authorized by the organ or unit to perform classification duties according to law. Once appointed, the person in charge of an organ or unit shall be the person in charge of confidentiality of the organ or unit, and there is no need to go through the confirmation formalities separately. To designate a special person to be responsible for the secret classification, the determination procedure must be strictly implemented. First, the list of candidates for the primary election is put forward by the organs and units. After the training and examination of secret-related professional knowledge organized by the secrecy administrative department and the certificate of conformity is obtained, it is officially designated by the organs and units, published in writing within the organs and units, and reported to the secrecy administrative department at the same level for the record. There are two main situations in which the person in charge of confidentiality can be appointed: organs and units with heavy workload of confidentiality can appoint the person in charge of confidentiality, such as party and government organs and important secret-related units. Organs and units that have special confidentiality requirements for their business work shall designate persons responsible for confidentiality, such as public security, discipline inspection and other organs. The nature of classified work determines that the person in charge of classified work belongs to classified personnel. When appointing personnel responsible for classified work, they should be selected according to the conditions of being familiar with the business work of their own organs and units, the provisions on the scope of confidential matters and the procedures for classified work.

Confidentiality authority refers to the secrets that the relevant units and personnel can decide to change and publish.

The right of secrecy refers to the privilege given by the secrecy law to organs and units to determine, change and terminate state secrets and their classification, duration and scope of knowledge. The right of confidentiality refers to the behavior that the legal subject or other responsible subjects (the person responsible for confidentiality) can determine, change and remove state secrets when exercising the right of confidentiality, that is, the effective margin for exercising the right of confidentiality.

Legal provisions on the right of confidentiality

State secrets belong to the state and secrecy belongs to the state. Whether organs and units have the right to determine the classification and classification shall be prescribed by law. Article 13 of the Secrecy Law stipulates the authority of secret classification: "Central state organs, provincial organs and their authorized organs and units may determine top secret, confidential and secret state secrets; Municipal and autonomous prefecture-level organs divided into districts and their authorized organs and units may determine the confidentiality level and secret level of state secrets. The specific confidentiality authority and scope of authorization shall be stipulated by the state secrecy administrative department. "

This regulation has made a major adjustment to the confidentiality system. First, there are restrictions on the subject qualification of implementing secrets; Second, the law not only gives the relevant organs and units the right to keep secrets, but also clarifies their corresponding right to keep secrets; Third, the authority to determine secrets has been granted, and the authority to determine top secret state secrets by the municipal and autonomous prefecture (League) level organs with districts has been abolished. Although the Secrecy Law no longer directly grants the right to classify state secrets and the corresponding right to classify them to government organs and units below the county level, it stipulates that government organs and units that often produce state secrets without the corresponding right to classify them should solve the problem of classification of state secrets through administrative authorization. At the same time, considering the particularity of the work of public security and state security organs, the law gives them the authority to determine the classification of state secrets in accordance with the regulations within the scope of work.

In order to ensure the prudent restraint of confidentiality authorization, the Secrecy Law stipulates what kind of confidentiality authority and scope of authorization shall be granted, and the state secrecy administrative department shall formulate specific measures to regulate it according to specific conditions. According to the provisions of secrecy laws and regulations, the authorization made by the central state organs and provincial organs shall be reported to the state secrecy administrative department for the record; The authorization made by the municipal organs with districts and the organs at the autonomous prefecture level shall be reported to the secrecy administrative departments of provinces, autonomous regions and municipalities directly under the Central Government for the record.

Application, Grant and Revocation of the Right of Confidentiality

The application and grant of the right of confidentiality means that institutions and units that often exceed the confidentiality authority to produce state secrets, or institutions and units that do not have the right of confidentiality according to the scope of relevant confidential matters, can apply for confidentiality authorization from the higher authorities with corresponding confidentiality authority or the competent departments of relevant industries. The authorized organ shall conduct examination according to the laws, regulations and relevant provisions on confidentiality, and if it deems it necessary to keep confidentiality, it shall authorize the applicant after being approved by the secrecy administrative department. If an organ or unit that has been granted the right of classification is adjusted or revoked due to changes in its functions and no longer produces state secrets, it shall promptly revoke the granted right of classification according to law.

How to handle the confidentiality certificate?

The steps to handle the confidentiality qualification certification are: consulting and filing, accepting and registering; According to the specific circumstances, the provincial defense science and technology office to apply for confidentiality qualification units to understand; The provincial and municipal secrecy bureaus give specific guidance; Set up safety committees, safety offices, safety teams, etc. , and divide the key departments and personnel involved in safety according to regulations; Review secret-related personnel.

The full text of the 2022 new secrecy regulations?

China People's Liberation Army Secrecy Regulations

general rule

Article 1 In order to keep military secrets, safeguard national military interests and ensure the smooth progress of army building and operations, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets.

Article 2 Military secrets refer to matters that are determined in accordance with the prescribed authority and procedures and are known only to a certain range of people within a certain period of time and are related to the military interests of the country. Military secrets are an important part of state secrets.

Article 3 All units and personnel of the whole army have the obligation to keep military secrets.

Article 4 The security work of the army follows the principles of active prevention, highlighting key points, ensuring the security of military secrets and facilitating various business work, and adheres to unified leadership, graded responsibility and centralized management.

Article 5 The basic requirements of military secrecy work are: controlling the scope of secret knowledge, preventing secret stealing activities, eliminating hidden dangers of leaking secrets and ensuring the security of military secrets.

Article 6 Units at or above the regimental level shall set up security committees. The China People's Liberation Army Security Committee is in charge of the security work of the whole army, and the security committees of all units are in charge of the security work of their own units. The daily work of the Safety Committee shall be undertaken by the working body of the Safety Committee.

Seventh security operations, equipment and scientific research funds should be included in the military budget.

The scope and level of military secrets

Article 8 Military secrets include the following items that meet the requirements of Article 2 of this case:

(a) the national defense and armed forces construction plan and its implementation;

(2) Plans for military deployment, operations and other major military operations and their implementation;

(3) Combat readiness exercises, military training plans and their implementation;

(4) Military information and its sources, basic information on special situations such as communications and electronic countermeasures, and numbers of troops and special forces below the corps level;

(five) the organizational form of the armed forces, the basic information of the tasks, strength, quality and status of the troops, and the titles of troops below the corps level and special forces;

(six) the national defense mobilization plan and its implementation;

(seven) the development, production, equipment and replenishment and maintenance capabilities of weapons and equipment, and the tactical and technical performance of special military equipment;

(eight) important projects, achievements and applications of military art and national defense science and technology research;

(9) Matters that should not be made public in military political work;

(ten) the distribution and use of defense expenditure, the financing, production, supply and reserve of military materials. ;

(eleven) military facilities and protection of military facilities;

(12) Relevant information in foreign military exchanges such as military aid and military trade;

(thirteen) other matters that need to be kept confidential.

Article 9 Military secrets are classified into three levels: top secret, secret and secret. "Top secret" is the most important military secret, and its disclosure will cause particularly serious damage to the security and interests of national defense and the army. "Secret" is an important military secret, the disclosure of which will seriously damage the security and interests of national defense and the army. "Secret" is a general military secret, the disclosure of which will damage the security and interests of national defense and the army.

Article 10 The specific scope of military secrets and their classification shall be determined by the General Staff Department, the General Political Department, the General Logistics Department and the Commission of Science, Technology and Industry for National Defense in accordance with the provisions of Articles 2, 8 and 9 of these Regulations, and shall be adjusted in time according to changes in circumstances.

Determination, adjustment and cancellation of military secret grades

Article 11 After military secrets are produced, the classification and duration of confidentiality shall be determined in time according to the specific scope of military secrets and their classification. Before determining the safety level, the unit that generated the matter shall take safety measures in advance according to the proposed safety level. The specific measures for determining the confidentiality period shall be stipulated separately.

Article 12 Matters uncertain whether they belong to military secrets shall be determined according to the following authorities:

(a) the secret level is determined by units at or above the regimental level;

(2) The classification shall be determined by units at or above the division level;

(3) The top secret level shall be determined by units above the corps level.

Article 13 The classification and duration of military secrets shall be adjusted or lifted in time according to changes in circumstances. The adjustment or cancellation of the classification and duration of confidentiality shall be decided by the unit that originally determined the classification and duration of confidentiality or its superior organ.

Fourteenth military secrets shall be declassified at the expiration of the confidentiality period; If it is necessary to extend the confidentiality period, it shall be decided by the unit that generated the matter or its superior organ; If military secrets do not need to be kept confidential within the confidentiality period, the generating unit or its superior organ shall decrypt them in time.

secret

Fifteenth contact with military secrets is based on the principle of work needs. Units that produce military secrets shall determine the scope of contact with the matter; Units that are in contact with military secret matters shall determine the personnel who are in contact with the matter.

Article 16 When making, sending, receiving, transmitting, using, copying, keeping, handing over and destroying military secret carriers, the formalities of examination and approval, registration and signature must be strictly fulfilled, and corresponding security measures must be taken.

Seventeenth strictly control the reproduction of military secret carriers. If it is really necessary to copy, it must be approved by the unit determined by the original classification or in accordance with the authority stipulated in Article 12 of these regulations. Copies shall not change the classification of the original.

Eighteenth carrying military secret carriers out, must be approved in accordance with the provisions of Article 12 of these regulations, and take corresponding protective measures in accordance with the relevant provisions. Carrying a top-secret carrier out must also be reported to the competent department of confidentiality at the same level for the record.

Article 19 No unit or personnel may carry or transmit military secret carriers out of the country without going through the examination and approval procedures in accordance with regulations. If it is necessary to provide military secrets to overseas organizations and personnel for special reasons, it must be approved by the authorities with corresponding approval authority in accordance with the prescribed procedures and reported to the China People's Liberation Army Security Committee for the record.

Twentieth secret carriers that do not need to be preserved shall be destroyed in time after going through the formalities of examination and approval and registration in accordance with relevant regulations, and the sales shall be supervised by two or more people at the designated place.

Twenty-first technical equipment, facilities, systems, networks and places for storing, processing and transmitting military secrets must meet the requirements of technical security and confidentiality.

Article 22 When transmitting military secrets in wired and wireless communications, corresponding security measures must be taken according to their classification.

It is strictly forbidden to use plain code or password to transmit military secrets without the examination and approval of the competent department of the headquarters.

Article 23. Military installations and other secret-related places and sites shall take effective safety protection measures and shall not be opened to the outside world without the approval of the authorities with corresponding examination and approval authority.

Twenty-fourth people who master and manage important military secrets must strictly control their exit; If the competent department of business or the competent department of confidentiality thinks that the security of military secrets will be endangered after leaving the country, it shall not be approved to leave the country.

Twenty-fifth meetings involving important military secrets, the organizer shall organize the safety inspection of the meeting place, take security measures, and designate personnel to manage the meeting documents and materials in accordance with the confidentiality provisions.

Twenty-sixth public publication and distribution of military newspapers, books, maps, audio-visual products, public display of military equipment, national defense scientific and technological achievements, shall abide by the relevant confidentiality provisions, and shall not disclose military secrets. Papers on military art, national defense science and technology to be published and various manuscripts reflecting the military situation must be kept confidential by the author's unit or the competent unit of the manuscript before submission.

Twenty-seventh leading cadres at all levels shall abide by the confidentiality provisions and shall not disclose military secrets to their families, relatives and friends and other irrelevant personnel. Article 28 In the event of a leak, it shall be reported to the competent department of security work and the relevant department at a higher level in a timely manner, so as to quickly find out the contents, classification and scope of the leaked military secrets and the degree of harm caused or likely to be caused, and take remedial measures.

Article 29 All units of the whole army shall conduct confidential education for their own personnel. Confidential education is included in the military political education and college teaching plan, which is organized and implemented by political organs and college teaching departments respectively.

Thirtieth units shall regularly conduct safety inspections on the military secret carriers, secret-related technical systems and secret-related places under their management. The security department is responsible for the supervision and inspection of the security work of the corresponding level and its subordinate units.

Thirty-first wartime or special tasks, in addition to the implementation of these provisions, the relevant units should also formulate corresponding security measures according to the instructions and tasks undertaken by superiors to ensure the safety of military secrets.

Article 32 All military personnel must abide by the secrecy system and the secrecy code.

Encouragement and reward

Thirty-third units and personnel that meet one of the following conditions shall be rewarded in accordance with the relevant provisions of the China People's Liberation Army Disciplinary Regulations:

(1) Having made important contributions to the research and development of safety technologies, products and facilities;

(two) to protect the security of military secrets in an emergency;

(three) to report and expose the theft, destruction and sale of military secrets;

(four) found that the leakage or loss of military secrets, take timely measures to avoid heavy losses;

(five) made remarkable achievements in the work of confidentiality.

punish

Thirty-fourth in violation of these regulations, under any of the following circumstances, in accordance with the relevant provisions of the "China People's Liberation Army Discipline Order", the person in charge and the person directly responsible shall be punished; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Stealing, destroying or selling military secrets;

(2) divulging or losing important military secrets;

(3) using military secrets for illegal activities;

(4) Failing to report or take remedial measures in time after the leak;

(five) dereliction of duty, endangering the security of military secrets;

(six) other violations of the confidentiality system, endangering the security of military secrets. In wartime or when performing special tasks, if one of the circumstances specified in the preceding paragraph should be punished, the punishment shall be heavier.

supplementary terms

Article 35 The China People's Liberation Army Security Committee shall be responsible for the interpretation of these Regulations.

Article 36 These Regulations shall come into force as of the date of promulgation. The Regulations on the Secrecy of the People's Liberation Army of China issued by the Central Military Commission127 shall be invalidated.

How to deal with confidential posts?

1, keep a secret. Enterprises and institutions that meet the requirements of confidentiality application shall issue a proposal on the level of confidentiality qualification certification to the relevant departments, including the acceptance point of the military qualification examination application, the military industry group company, the general contractor of the project or the relevant departments as stipulated by laws and regulations;

2. Establish a confidentiality system. In accordance with the regulations, set up safety committees within the unit to carry out the construction of various safety systems within the unit;

3. Construction of confidential room. According to the "confidential qualification certification grade proposal form", the construction of key departments and parts of confidentiality shall be carried out and confidential files shall be established;