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National Security Law of the People's Republic of China

SourceSthjtQinghaiGovCn
Release Time5 months ago

(Adopted at the 15th Session of the Standing Committee of the 12th National People's Congress on July 1, 2015)

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Chapter I: General Provisions

Chapter II: Tasks for Preserving National Security

Chapter III: Duties for Preserving National Security

Chapter IV: National Security System

Section 1: Ordinary Provisions

Section 2: Intelligence Information

Section 3: Risk Prevention, Assessment, and Early Warning

Section 4: Review and Regulation

Section 5: Crisis Management and Control

Chapter V: National Security Safeguards

Chapter VI: Obligations and Rights of Citizens and Organizations

Chapter VII: Supplementary Provisions

Chapter I: General Provisions

Article 1: This Law is formulated on the basis of the Constitution so as to preserve national security, to defend the political power of the people's democratic dictatorship and the socialist system with Chinese characteristics, to protect the fundamental interests of the people, to ensure the smooth progress of reform, opening up, and socialist modernization, and to realize the great rejuvenation of the Chinese nation.

Article 2: National security refers to the state power, sovereignty, unity, and territorial integrity, the well-being of the people, sustainable economic and social development, and other major national interests in a state in which there is relatively no danger and no internal or external threats, as well as the ability to ensure a sustained state of security.

Article 3: National security efforts shall adhere to the overall concept of national security, with people's security as the purpose, political security as the foundation, economic security as the foundation, military, cultural, and social security as safeguards, and the promotion of international security as the basis, to preserve national security in all fields, build a national security system, and follow the path of national security with Chinese characteristics.

Article 4: Persist in the leadership of the Communist Party of China over national security efforts, and establish a centralized, unified, efficient, and authoritative national security leadership system.

Article 5: The central leading institution for national security is responsible for decision-making, deliberation and coordination of national security efforts, researching, formulating, and guiding the implementation of national security strategies and relevant major guidelines and policies, overall planning and coordination of major national security matters and important work, and advancing the establishment of the rule of law for national security.

Article 6: The state is to draft and continuously improve national security strategies, comprehensively assess the international and domestic security situation, and clarify national security policies, tasks, and measures for national security strategies, medium- and long-term goals, and key areas.

Article 7: The preservation of national security shall comply with the Constitution and laws, adhere to the principles of socialist rule of law, respect and safeguard human rights, and protect citizens' rights and freedoms in accordance with law.

Article 8: The preservation of national security shall be coordinated with economic and social development.

National security efforts shall coordinate internal and external security, homeland security and national security, traditional and non-traditional security, and self-security and common security.

Article 9: The preservation of national security shall persist in putting prevention first and treating both the symptoms and the root causes, combining specialized work with the mass line, giving full play to the functions and roles of specialized organs and other relevant organs in preserving national security, and extensively mobilizing citizens and organizations to prevent, stop, and lawfully punish conduct endangering national security.

Article 10: The preservation of national security shall persist in mutual trust, mutual benefit, equality, and cooperation, actively carry out security exchanges and cooperation with foreign governments and international organizations, perform international security obligations, promote common security, and preserve world peace.

Article 11: Citizens of the People's Republic of China, all state organs and armed forces, all political parties and people's organizations, enterprises, public institutions, and other social organizations have the responsibility and obligation to preserve national security.

China's sovereignty and territorial integrity brook no infringement or division. Safeguarding national sovereignty, unity, and territorial integrity is the common obligation of all Chinese people, including Hong Kong, Macao, and Taiwan compatriots.

Article 12: The state is to give commendations and awards to individuals and organizations that have made outstanding contributions to efforts to preserve national security.

Article 13: Where employees of state organs abuse their authority, derelict their duties, or twist the law for personal gain in the course of national security work or activities related to national security, legal responsibility is to be pursued in accordance with law.

Where any individual or organization violates this Law or relevant laws by failing to perform obligations to preserve national security or engaging in activities endangering national security, legal responsibility is to be pursued in accordance with law.

Article 14: April 15 of each year is National Security Education Day.

Chapter II: Tasks for Preserving National Security

Article 15: The state adheres to the leadership of the Communist Party of China, preserves the socialist system with Chinese characteristics, develops socialist democratic politics, completes the socialist rule of law, strengthens mechanisms for restraint and oversight of the exercise of power, and safeguards the people's rights to be masters of the country.

The State prevents, stops, and punishes in accordance with law any act of treason, secession, sedition, subversion, or inciting subversion of the people's democratic dictatorship; prevents, stops, and punishes in accordance with law any act that endangers national security, such as stealing or divulging state secrets; and prevents, stops, and punishes in accordance with law any infiltration, sabotage, subversion, and separatist activities by foreign forces.

Article 16: The State preserves and develops the fundamental interests of the broadest masses of the people, protects the people's security, creates favorable conditions for survival and development and a stable working and living environment, and safeguards the safety of citizens' lives and property and other lawful rights and interests.

Article 17 The State strengthens the construction of border, coastal and air defense, and adopts all necessary defense and control measures to safeguard the security of territorial land, internal waters, territorial waters and territorial airspace, and to safeguard the territorial sovereignty and maritime rights and interests of the State.

Article 18: The State strengthens the revolutionization, modernization, and regularization of the armed forces, building armed forces commensurate with the needs of defending national security and development interests, implements the military strategic principle of active defense, prepares for and resists aggression, and stops armed subversion and separatism, carries out international military security cooperation, and carries out military operations such as United Nations peacekeeping, international rescue, maritime escort, and safeguarding the State's overseas interests, and preserves national sovereignty, security, territorial integrity, development interests, and world peace.

Article 19: The State preserves the basic national economic system and the order of the socialist market economy, completes institutional mechanisms for preventing and resolving economic security risks, and ensures the security of important industries and key areas related to the lifeline of the national economy, key industries, major infrastructure and major construction projects, and other major economic interests.

Article 20 The State shall improve the mechanisms for the prevention and disposal of financial macro-prudential management and financial risks, strengthen the building of financial infrastructure and basic capacity, prevent and resolve systemic and regional financial risks, and prevent and resist the impact of external financial risks.

Article 21 The State shall rationally utilize and protect resources and energy, effectively control the development of strategic resources and energy, strengthen strategic resources and energy reserves, improve the construction and safety protection measures of strategic corridors for the transportation of resources and energy, strengthen international cooperation in resources and energy, comprehensively enhance emergency support capabilities, and ensure the continuous, reliable and effective supply of resources and energy needed for economic and social development。

Article 22 The State shall improve the food security guarantee system, protect and enhance the overall production capacity of grain, improve the grain reserve system, circulation system and market regulation and control mechanism, improve the food security early warning system, and ensure the supply and quality and safety of grain.

Article 23: The state adheres to the direction of advanced socialist culture, inherits and carries forward the excellent traditional culture of the Chinese nation, cultivates and practices the Core Socialist Values, prevents and resists the influence of negative culture, grasps dominance in the ideological field, and strengthens the overall strength and competitiveness of culture.

Article 24: The State strengthens capacity building for independent innovation, accelerates the development of independent and controllable strategic high and new technologies and core key technologies in important fields, strengthens capacity building for the use and protection of intellectual property rights and the secrecy of science and technology, and ensures the security of major technologies and projects.

Article 25: The state is to establish network and information security assurance systems, increase network and information security protection capabilities, strengthen innovative research, development, and application of networks and information technology, and bring about the security and controllability of core network and information technologies, critical infrastructure, and information systems and data in important fields;

Article 26: The State adheres to and improves the system of regional ethnic autonomy, consolidating and developing socialist ethnic relations of equality, unity, mutual assistance, and harmony. Adhere to the equality of all ethnic groups, strengthen ethnic exchanges, exchanges and blending, prevent, stop and punish ethnic separatist activities in accordance with the law, safeguard national unity, ethnic unity and social harmony, and realize the common struggle and common prosperity and development of all ethnic groups.

Article 27: The State protects citizens' freedom of religious belief and normal religious activities in accordance with law, adheres to the principle of religious independence and self-management, prevents, stops, and lawfully punishes illegal and criminal activities that endanger national security in the name of religion, opposes interference by foreign forces in domestic religious affairs, and preserves the normal order of religious activities.

The state bans cult organizations in accordance with the law, and prevents, stops, and punishes the illegal and criminal activities of cults in accordance with the law.

Article 28: The state opposes all forms of terrorism and extremism, strengthens capacity building to prevent and address terrorism, lawfully carries out efforts such as intelligence, investigation, prevention, and handling, as well as the regulation of funds, and lawfully bans terrorist organizations and severely punishes violent terrorist activities.

Article 29: The state completes institutional mechanisms for effectively preventing and resolving social conflicts, completes the public security system, actively prevents, reduces, and defuses social contradictions, properly handles public health, social security, and other emergencies that impact national security and social stability, promotes social harmony, and preserves public safety and social stability.

Article 30: The State is to improve systems for ecological and environmental protection, increase the force of ecological construction and environmental protection, delineate red lines for ecological protection, strengthen early warning, prevention and control of ecological risks, properly handle environmental emergencies, ensure that the atmosphere, water, soil, and other natural environments and conditions on which the people depend for survival and development are not threatened or destroyed, and promote the harmonious development of man and nature.

Article 31 The State adheres to the peaceful use of nuclear energy and nuclear technology, strengthens international cooperation, prevents nuclear proliferation, improves the non-proliferation mechanism, strengthens the safety management, supervision and protection of nuclear facilities, nuclear materials, nuclear activities and nuclear waste disposal, strengthens the emergency response system and emergency response capacity, prevents, controls and eliminates the harm of nuclear accidents to the lives and health of citizens and the ecological environment, and continuously enhances the ability to effectively respond to and prevent nuclear threats and attacks.

Article 32 The State shall persist in the peaceful exploration and use of outer space, the international seabed area and the polar regions, enhance its capacity for safe access, scientific exploration, development and utilization, strengthen international cooperation, and safeguard the security of China's activities, assets and other interests in outer space, the international seabed area and the polar regions.

Article 33: The State is to employ necessary measures in accordance with law to protect the security and legitimate rights and interests of overseas Chinese citizens, organizations, and institutions, and to protect the State's overseas interests from threats or infringements.

Article 34: Based on the needs of economic and social development and the country's development interests, the state is to continuously improve the task of preserving national security.

Chapter III: Duties for Preserving National Security

Article 35: In accordance with the provisions of the Constitution, the National People's Congress decides on issues of war and peace, and exercises other functions and powers related to national security as provided for in the Constitution.

In accordance with the provisions of the Constitution, the Standing Committee of the National People's Congress shall decide on the declaration of a state of war, on general or partial mobilization of the whole country, on the declaration of a state of emergency for the whole country or of individual provinces, autonomous regions, and municipalities directly under the Central Government, and on the exercise of other functions and powers related to national security as provided for in the Constitution and granted by the National People's Congress.

Article 36: On the basis of the decisions of the National People's Congress and the Standing Committee of the National People's Congress, the President of the People's Republic of China declares a state of emergency, declares a state of war, issues mobilization orders, and exercises other functions and powers related to national security as provided for in the Constitution.

Article 37: On the basis of the Constitution and laws, the State Council formulates administrative regulations related to national security, stipulates relevant administrative measures, and issues relevant decisions and orders; implements national security laws, regulations, and policies; decides on the entry of a state of emergency in some areas within the scope of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the provisions of law; and exercises other functions and powers related to national security as provided for by the Constitution and laws and delegated by the National People's Congress and its Standing Committee.

Article 38: The Central Military Commission leads the armed forces throughout the country, decides on military strategy and operational guidelines for the armed forces, uniformly directs military operations to preserve national security, formulates military regulations related to national security, and issues relevant decisions and orders.

Article 39: In accordance with their duties and division of labor, each department of the central state organs is to implement national security guidelines, policies, and laws and regulations, and to manage and guide national security efforts in their respective systems and fields.

Article 40: All levels of local people's congress and the standing committees of all levels of local people's congress at the county level or above are to ensure compliance with and enforcement of national security laws and regulations within their respective administrative regions.

All levels of local people's government are to manage national security efforts within their respective administrative regions in accordance with laws and regulations.

The Hong Kong Special Administrative Region and the Macao Special Administrative Region shall perform their responsibility to preserve national security.

Article 41: People's courts exercise adjudication power in accordance with legal provisions, and people's procuratorates exercise procuratorial power in accordance with legal provisions to punish crimes endangering national security.

Article 42: State security organs and public security organs lawfully collect intelligence information related to national security, and lawfully exercise investigation, detention, preliminary trial, and enforcement of arrest, as well as other powers provided for by law, in national security efforts.

Relevant military organs exercise relevant functions and powers in national security efforts in accordance with law.

Article 43: When performing their duties, state organs and their staffs shall implement the principle of preserving national security.

State organs and their staffs shall perform their duties strictly in accordance with law in national security efforts and activities related to national security, and must not exceed or abuse their authority, and must not infringe upon the lawful rights and interests of individuals and organizations.

Chapter IV: National Security System

Section 1: Ordinary Provisions

Article 44: The central leading institution for national security implements a national security system and working mechanism that combines unification and decentralization, coordination, and high efficiency.

Article 45: The state is to establish mechanisms for coordinating work in key areas of national security, and to coordinate the advancement of relevant work by relevant central functional departments.

Article 46: The state is to establish mechanisms for oversight, inspection, and accountability of national security efforts, to ensure the implementation of national security strategies and major deployments.

Article 47: All departments and regions shall employ effective measures to implement the national security strategy.

Article 48: As needed for efforts to preserve national security, the state is to establish mechanisms for cross-departmental consultations, conducting consultations, assessing, and submitting opinions and recommendations on major matters in efforts to preserve national security.

Article 49: The state is to establish mechanisms for coordination and linkage on national security between the central and local governments, between departments, between the military and between localities, and between regions.

Article 50: The state is to establish consultation mechanisms for national security decision-making, organizing experts and relevant parties to carry out analysis and assessment of the national security situation, and advancing scientific decision-making on national security.

Section 2: Intelligence Information

Article 51: The State is to complete systems for the collection, assessment, and use of intelligence information that are unified, responsive, accurate, efficient, and smoothly operational, and establish coordination mechanisms for intelligence information work, bringing about the timely collection, accurate assessment, effective use, and sharing of intelligence information.

Article 52: State security organs, public security organs, and relevant military organs are to collect intelligence information related to national security in accordance with law on the basis of their duties and division of labor.

In the course of performing their duties, each department of a state organ shall promptly report information related to national security that it obtains.

Article 53: In carrying out intelligence information work, modern scientific and technological means shall be fully used to strengthen the identification, screening, synthesis, and analysis of intelligence information.

Article 54: The reporting of intelligence information shall be timely, accurate, and objective, and must not be delayed, omitted, concealed, or falsely reported.

Section 3: Risk Prevention, Assessment, and Early Warning

Article 55: The state is to draft and improve plans for responding to national security risks in each field.

Article 56: The state is to establish mechanisms for national security risk assessment, and periodically carry out national security risk investigations and assessments in each field.

Relevant departments shall periodically submit national security risk assessment reports to the central leading institution for national security.

Article 57: The State is to complete systems for monitoring and early warning of national security risks, and promptly issue corresponding risk early warnings based on the degree of national security risks.

Article 58: Local people's governments at the county level or above and their relevant competent departments shall immediately report to the people's government at the level above and their relevant competent departments in accordance with provisions on incidents endangering national security that may be about to occur or have already occurred, and may report to the level higher when necessary.

Section 4: Review and Regulation

Article 59: The state is to establish systems and mechanisms for national security review and regulation, conducting national security reviews of foreign investment, specific items and key technologies, network information technology products and services, construction projects involving national security matters, and other major matters and activities that impact or might impact national security, to effectively prevent and resolve national security risks.

Article 60: All departments of central state organs are to exercise national security review duties in accordance with laws and administrative regulations, make national security review decisions or submit security review opinions in accordance with law, and supervise their implementation.

Article 61: Provinces, autonomous regions, and directly governed municipalities are responsible for national security review and oversight efforts within their respective administrative regions in accordance with law.

Section 5: Crisis Management and Control

Article 62: The state is to establish a national security crisis management and control system with unified leadership, coordination and linkage, and orderly and efficient.

Article 63: In the event of a major incident endangering national security, the relevant central departments and relevant localities are to initiate emergency response plans in accordance with law, and employ control and handling measures on the basis of the unified deployment of the central leading institution for national security.

Article 64: Where a particularly major incident endangering national security occurs, and it is necessary to enter a state of emergency, a state of war, or a national general or partial mobilization, the National People's Congress, the Standing Committee of the National People's Congress, or the State Council are to make a decision in accordance with the authority and procedures provided by the Constitution and relevant laws.

Article 65: After the state decides to enter a state of emergency, a state of war, or carries out national defense mobilization, the relevant organs performing national security crisis management and control duties have the right to employ special measures that restrict the rights of citizens and organizations and increase their obligations in accordance with the provisions of law or the provisions of the Standing Committee of the National People's Congress.

Article 66: Relevant organs performing national security crisis management and control duties lawfully employing control measures to address national security crises shall be commensurate with the nature, extent, and scope of harm that might be caused by the national security crisis;

Article 67: The state completes mechanisms for reporting and releasing information on national security crises.

After a national security crisis occurs, the relevant organs performing national security crisis management and control duties shall accurately and promptly report it in accordance with provisions, and uniformly release the occurrence, development, control, handling, and aftermath of the national security crisis incident to the public in accordance with law.

Article 68: After threats and harms to national security are controlled or eliminated, control and disposition measures shall be promptly lifted, and efforts to deal with the aftermath are to be completed.

Chapter V: National Security Safeguards

Article 69: The State completes the national security safeguard system and strengthens the capacity to preserve national security.

Article 70: The state completes the legal system for national security, advancing the establishment of the rule of law for national security.

Article 71: The state is to increase investment in all aspects of national security construction, ensuring the funds and equipment needed for national security efforts.

Article 72: Units undertaking the task of stockpiling national security strategic materials shall, in accordance with relevant national regulations and standards, collect, store, store, and maintain national security materials, and periodically adjust and replace them to ensure the efficiency and safety of the use of stockpiled materials.

Article 73: Scientific and technological innovation in the field of national security is encouraged, and the role of science and technology in preserving national security is to be brought into play.

Article 74: The state is to employ necessary measures to recruit, cultivate, and manage specialized and special talents for national security work.

As needed for efforts to preserve national security, the state is to protect the identities and lawful rights and interests of relevant organs specializing in national security personnel in accordance with law, and increase the extent of personal protection and placement safeguards.

Article 75: State security organs, public security organs, and relevant military organs carrying out special national security work may employ necessary means and methods in accordance with law, and relevant departments and localities shall provide support and cooperation within the scope of their duties.

Article 76: The State is to strengthen national security news publicity and public opinion guidance, carrying out national security publicity and education activities through various forms, including national security education in the national education system and the civil servant education and training system, and increasing the entire population's awareness of national security.

Chapter VI: Obligations and Rights of Citizens and Organizations

Article 77: Citizens and organizations shall perform the following obligations to preserve national security:

(1) Comply with the relevant provisions of the Constitution, laws and regulations on national security;

(2) Promptly report leads on activities endangering national security;

(3) Truthfully provide evidence of activities endangering national security that they are aware of;

(4) Providing facilitation or other assistance for national security efforts;

(5) Providing necessary support and assistance to state security organs, public security organs, and relevant military organs;

(6) Guarding state secrets that they are aware of;

(7) Other obligations provided for by laws and administrative regulations.

No individual or organization may engage in conduct endangering national security, and must not provide any funding or assistance to individuals or organizations endangering national security.

Article 78: State organs, people's organizations, enterprises, public institutions, and other social organizations shall conduct education on the preservation of national security for the personnel of that unit, and mobilize and organize the personnel of that unit to prevent and stop conduct endangering national security.

Article 79: Enterprises and public institutions shall cooperate with relevant departments in employing relevant security measures as required by national security efforts.

Article 80: Citizens' and organizations' conduct in supporting or assisting national security efforts is protected by law.

Where the personal safety of themselves or their close relatives is endangered as a result of supporting or assisting national security efforts, they may request protection from the public security organs or state security organs. Public security organs and state security organs, in conjunction with relevant departments, shall employ protective measures in accordance with law.

Article 81: Where citizens and organizations cause property losses as a result of supporting or assisting national security efforts, they are to be compensated in accordance with relevant state provisions;

Article 82: Citizens and organizations have the right to submit criticisms and suggestions to state organs on national security efforts, and have the right to submit appeals, accusations, and reports on violations and dereliction of duty by state organs and their staffs in national security efforts.

Article 83: When it is necessary to employ special measures restricting citizens' rights and freedoms in national security efforts, they shall be carried out in accordance with law, and to the extent actually necessary to preserve national security.

Chapter VII: Supplementary Provisions

Article 84: This Law takes effect on the date of promulgation.


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RegionChina,Taiwan,Hongkong SAR,Macao SAR
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