(decree number. State Secrecy Bureau 1, 20265438)
The Provisions on the Determination of State Secrets, adopted at the executive meeting of the State Secrecy Bureau on July 20th, 2002 1 year, is hereby promulgated and shall come into force as of September 20th, 20021year.
Director of the State Secrecy Bureau: Li Zhaozong
202130 July
Chapter I General Provisions
Article 1 In order to standardize the appraisal of state secrets, these Provisions are formulated in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets and its implementing regulations.
Article 2 The identification of state secrets as mentioned in these Provisions refers to the activities of the secrecy administrative department to identify and determine whether the relevant matters in the case of suspected disclosure of state secrets belong to state secrets and what classification they belong to.
Article 3 These Provisions shall apply to the application, acceptance, handling, examination and supervision of state secret appraisal.
Article 4 The appraisal of state secrets shall follow the principles of legality, objectivity and impartiality, and ensure that the facts are clear, the basis is sufficient, the procedures are standardized and the conclusions are accurate.
Article 5 The organs for discipline inspection, supervision, investigation, public prosecution and adjudication (hereinafter referred to as the case-handling organs) that handle cases suspected of leaking state secrets may apply for state secrets appraisal.
The state secrecy administrative departments and the secrecy administrative departments of provinces (autonomous regions and municipalities directly under the Central Government) are responsible for the identification of state secrets.
Article 6 The appraisal of state secrets shall be based on the confidentiality laws and regulations, the scope of confidential matters and the documents for the determination, alteration and dissolution of state secrets.
Article 7 The following matters are not state secrets:
(a) It needs to be widely known or involved by the public;
(2) Belonging to work secrets, business secrets and personal privacy;
(3) It has been made public in accordance with the law or has been out of control before the disclosure;
(four) the laws, regulations or relevant provisions of the state require disclosure;
(five) other acts of leaking secrets that will not harm national security and interests.
Chapter II Application and Acceptance
Article 8 Where a central-level case-handling organ applies for the appraisal of state secrets, it shall submit it to the state secrecy administrative department. If a case-handling organ below the provincial level applies for the identification of state secrets, it shall submit it to the administrative department of secrecy of the province (autonomous region or municipality directly under the Central Government) where it is located.
The state secrecy administrative department may, according to the needs of the work, directly determine the major, difficult and complicated matters that the secrecy administrative departments of provinces (autonomous regions and municipalities directly under the Central Government) are responsible for.
Article 9 When applying for the identification of state secrets, the case-handling organ shall submit the following materials:
(a) the official documents for the identification of state secrets;
(two) matters that need to be determined as state secrets (hereinafter referred to as the confirmed matters) and the list of confirmed matters;
(3) A description of the relevant information that needs to be mastered when conducting state secret identification, including the basic information of the case, the source of the identification items, the object and time of disclosure, and avoidance suggestions, etc.
Article 10 An official document applying for the appraisal of state secrets shall be made in the name of the case-handling organ, stating the reasons or basis for believing that the relevant matters are suspected of state secrets.
If the identification matters belong to consultation, chat records, inquiry (inquiry) transcripts, audio-visual materials, electronic data, articles, etc. The case-handling organ shall screen and sort out the specific contents that are suspected to belong to state secrets and need to apply for identification.
If the authentication matters are not in Chinese, the case-handling organ shall provide a Chinese translation at the same time. The secrecy administrative department shall appraise the Chinese translation provided by the case-handling organ.
Eleventh in any of the following circumstances, the secrecy administrative department shall not accept the application for the identification of state secrets:
(a) the application organ and the application method do not meet the requirements of Articles 5 and 8 of these Provisions;
(two) the case-handling organ has applied for the identification of state secrets on the same identification matter;
(three) the contents of the appraisal project are obviously fabricated, or its authenticity and source cannot be verified;
(four) failing to provide materials in accordance with the provisions of Article 9 and Article 10 of these Provisions, or failing to meet the requirements after revision and supplement;
(five) other circumstances that do not conform to the provisions of laws, regulations and rules.
Article 12 The secrecy administrative department shall, within 5 days from the date of receiving the official document of applying for state secret appraisal, review the relevant materials, make a decision on whether to accept it or not, and inform the case-handling organ.
After examination, if it is found that the materials submitted by the case-handling organ are flawed, incomplete or can not meet the needs of appraisal, it shall notify the case-handling organ to make amendments or supplements. The examination and approval time is calculated from the date of modification or completion of relevant materials.
If it is decided not to accept it after examination, it shall explain the reasons and return the relevant materials.
Article 13 If the case-handling organ refuses to accept the decision of rejection, it may, within 10 days from the date of receiving the notice, raise a written objection to the secrecy administrative department that made the decision of rejection, and provide relevant materials in accordance with the provisions of Articles 9 and 10 of these Provisions.
The secrecy administrative department shall review the relevant materials within 10 days, and make an acceptance decision if it meets the acceptance conditions; If it should not be accepted, it shall inform the organ that raised the objection in writing and return the relevant materials.
After the case-handling organs below the provincial level raise objections, if they still have objections to the decision of inadmissibility made again by the secrecy administrative departments of provinces (autonomous regions and municipalities directly under the Central Government), they may raise written objections to the state secrecy administrative departments. If the state secrecy administrative department considers that it should not be accepted after examination, it shall inform the organ that raised the objection in writing and return the relevant materials; To meet the acceptance conditions, it shall request the secrecy administrative department that has made a decision not to accept the application for appraisal to accept it.
Chapter III Evaluation Procedures
Article 14 After accepting the application for appraisal, the secrecy administrative department shall solicit the appraisal opinions of the appraisal unit under the following circumstances:
(a) whether the identification matters are generated by it and whether the contents are true;
(two) whether the appraisal project is determined, changed or terminated in accordance with legal procedures, as well as the time, reasons and basis;
(3) Whether the identification items should belong to state secrets and what kind of classification they belong to, whether the state secrets should be changed or dissolved, and the reasons and basis for the change or dissolution.
Article 15 Where the unit that generated the appraisal matters is unclear, involving multiple organs, units, industries and fields, or the appraisal opinions of the relevant units are unclear, and the reasons and basis are insufficient, the secrecy administrative department may solicit the appraisal opinions from the relevant competent business departments or relevant organs and units.
If the identification matters belong to the implementation and handling of the identified state secrets, the security management department that accepts the identification may, according to the needs of the work, solicit the appraisal opinions of the original secret-related unit or the relevant competent department.
Article 16 After accepting the appraisal, the state secrecy administrative department may solicit the appraisal opinions from the local organs and units at all levels from the secrecy administrative department of the province (autonomous region or municipality directly under the Central Government) where the appraisal occurred.
After accepting the appraisal, the secrecy administrative departments of provinces (autonomous regions and municipalities directly under the Central Government) shall directly seek the appraisal opinions of the central and state organs for their own appraisal matters; Appraisal matters involving other local organs and units shall seek the appraisal opinions of the relevant provinces (autonomous regions and municipalities directly under the Central Government) security administrative departments.
Seventeenth safety administrative departments to seek expert advice from organs and units, organs and units shall cooperate, timely put forward expert advice or provide relevant materials as required.
Eighteenth identification matters are important, difficult, complex or professional, involving specialized technology and other issues, the security administrative department can consult experts in related fields to provide reference for the conclusion of state secrets identification.
Article 19 For matters identified as state secrets, the secrecy administrative department may, according to the needs of work, organize relevant organs, units or experts to evaluate the harm that has been or may be caused by its disclosure.
Article 20 The expert conclusion of state secrets shall be made after being submitted to the person in charge of the secrecy administrative department for examination and approval on the basis of analyzing and judging relevant opinions according to the secrecy laws and regulations and the scope of secrecy matters.
Article 21 If the secrecy administrative departments of provinces (autonomous regions and municipalities directly under the Central Government) disagree with the appraisal opinions replied by the central and state organs and the secrecy administrative departments of other provinces (autonomous regions and municipalities directly under the Central Government), or think that the basis for the appraisal of top secret matters in their own areas is unclear and controversial, they shall report to the state secrecy administrative department for examination and make an appraisal conclusion.
Twenty-second secret administrative departments shall issue a state secret appraisal certificate when making an appraisal conclusion. The state secret appraisal certificate shall include the following contents:
(a) the name or content of the evaluation project;
(2) Identification basis and conclusion;
(three) other circumstances that need to be explained;
(four) the name of the appraisal organ and the date of appraisal.
The State Secret Appraisal Certificate shall be stamped with the seal of the secrecy administrative department.
Article 23 The secrecy administrative department shall make an appraisal conclusion within 30 days after accepting the application for state secret appraisal, and issue a state secret appraisal certificate. Due to the difficulty and complexity of the identification matters, it is impossible to issue the state secret identification book on schedule. With the approval of the person in charge of the secrecy administrative department, the working time limit may be appropriately extended, and the longest extension time shall not exceed 30 days.
When soliciting expert opinions from relevant organs and units and conducting expert consultation, the secrecy administrative department shall specify the time limit for reply, which generally does not exceed 15 days; If the number of appraisal projects is large, difficult and complicated, it can be extended by 15 days through negotiation between both parties.
The time for organs and units to put forward expert opinions and expert consultation is not included in the time limit for the confidentiality administrative department to identify state secrets.
Chapter IV Review
Article 24 If the case-handling organ has clear reasons or evidence to prove that the appraisal conclusion made by the secrecy administrative department may be wrong, it may apply to the state secrecy administrative department for review.
Article 25 Where a case-handling organ applies for a review, it shall submit a review document, explain the contents and reasons for applying for a review, provide relevant materials in accordance with the requirements of Articles 9 and 10 of these Provisions, and attach a certificate of state secrets that needs to be reviewed.
Article 26 After accepting the application for review, the state secrecy administrative department shall read the appraisal files from the secrecy administrative department that made the appraisal conclusion, understand the relevant situation, examine whether the appraisal procedure is standardized, whether the basis is clear, whether the reasons are sufficient and whether the conclusion is accurate, and solicit the appraisal opinions of relevant organs and units as needed, and conduct expert consultation or organize risk assessment.
Article 27 The conclusion of the examination of state secret appraisal shall be based on the appraisal basis such as confidentiality laws and regulations and the scope of confidential matters, and on the basis of analyzing and judging the original appraisal situation and relevant opinions, and submitted to the principal responsible person of the state secrecy administrative department for examination and approval.
The examination conclusion of the state secrecy administrative department is final.
Twenty-eighth state secrecy administrative departments shall issue a decision on the examination of state secrets when making the conclusion of the examination.
If the state secret appraisal review decides to maintain the original state secret appraisal conclusion, it shall explain the basis or reasons; If the conclusion of the original state secret appraisal is changed, the final appraisal conclusion shall be made, and the basis or reason shall be explained.
The decision on the examination of state secret appraisal shall be made in the name of the state secrecy administrative department, stamped with the seal, and copied to the secrecy administrative department of the province (autonomous region or municipality directly under the Central Government) that originally made the conclusion of state secret appraisal.
Article 29 The state secrecy administrative department shall, within 60 days after accepting the application for reexamination of state secrets, make a reexamination conclusion and issue a reexamination decision. Due to the difficulty and complexity of the identification matters, it is impossible to issue the "Decision on the Examination of State Secret Identification" on schedule. With the approval of the main person in charge of the state secrecy administrative department, the working time limit may be appropriately extended for a maximum of 30 days.
To solicit expert opinions from government agencies and units, the time limit for expert consultation shall be handled in accordance with the second and third paragraphs of Article 23 of these Provisions.
Chapter V Supervision and Administration
Thirtieth state secret appraisal personnel who have an interest in the case or have other relations that may affect the impartial appraisal shall voluntarily withdraw; The case-handling organ has the right to apply for withdrawal if it finds the above situation. The withdrawal of state secret appraisers shall be decided by the secrecy administrative department where they belong.
Personnel of organs and units that cooperate in the appraisal of state secrets and relevant experts who have an interest in the case or have other relations that may affect the impartial appraisal shall withdraw.
Thirty-first safety administrative departments shall, when soliciting experts' opinions from organs and units and organizing experts' consultation, make the following treatments for the appraisal matters respectively:
(1) Split the contents involving different organs, units or industries and fields, and do not provide the organs, units or experts with contents that have nothing to do with them and should not be known by them;
(2) Covering up or deleting the name of the responsible unit or person suspected of violating the law and committing crimes, and not disclosing the case and handling situation to the organs, units or experts.
Article 32 The secrecy administrative department and its staff, the organs and units that cooperate with the appraisal of state secrets, their staff and relevant experts shall keep confidential the appraisal of state secrets and the state secrets, work secrets, business secrets and personal privacy that they have learned in their work.
In the process of soliciting experts' opinions and organizing experts' consultation, the secrecy administrative department shall make clear the confidentiality requirements to the relevant organs, units or experts, and organize to sign a written confidentiality undertaking when necessary.
Article 33 If the conclusion of state secret appraisal is inconsistent with the state secret classification of an organ or unit, the secrecy administrative department shall notify the organ or unit to change or correct it; Organs and units fail to perform classified management duties according to law, and if the circumstances are serious, they shall be notified.
Article 34 The secrecy administrative departments of provinces (autonomous regions and municipalities directly under the Central Government) shall report the annual appraisal of state secrets and the appraisal conclusions to the state secrecy administrative departments.
Thirty-fifth secret administrative departments shall handle the identification of state secrets according to law, and shall not be interfered by other organs, units, social organizations or individuals.
If the secrecy administrative department fails to perform its duties according to law, or abuses its power, neglects its duty or engages in malpractices for selfish ends, the responsible members and persons directly responsible shall be dealt with according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 36 In the appraisal involving state secrets, if the organs, units and their staff who have the obligation to cooperate with the appraisal refuse to cooperate, resort to deceit, and deliberately issue wrong appraisal opinions, thus causing serious consequences, the directly responsible person in charge and other directly responsible personnel shall be dealt with according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 37 The secrecy administrative department may, according to the needs of work, directly identify state secrets in accordance with these Provisions when handling cases suspected of leaking state secrets.
If the unit that makes the identification items belongs to the army or suspects that the identification items belong to military secrets, the secret organs of the relevant units at or above the army level shall conduct the identification of state secrets or assist in putting forward expert opinions.
Article 38 The format of documents required for the implementation of these Provisions shall be uniformly formulated by the state secrecy administrative department. Other documents needed in the work, the state secrecy administrative department has not formulated the style, and the secrecy administrative departments of the provinces (autonomous regions and municipalities directly under the central government) can formulate the style on their own.
Article 39 The State Secrecy Bureau shall be responsible for the interpretation of these Provisions.
Article 40 These Provisions shall come into force as of September 6, 20021year. On July 5, 20 13, the Provisions on Classified Identification issued by the State Secrecy Bureau (Bao Guofa [2013] No.5) was abolished at the same time.