NOTE: This translation was originally published on the China Copyright and Media blog, a project of DigiChina’s Prof. Rogier Creemers of the University of Leiden. It has not been edited, double-checked, or standardized with DigiChina’s original content. Read more.
(Passed at the 15th Meeting of the 12th National People’s Congress Standing Committee on 1 July 2015)
Chapter I: General principles
Article 1: In order to safeguard national security, defend the people’s democratic dictatorship regime and the system of Socialism with Chinese characteristics, protect the fundamental interests of the people, ensure the smooth progress of reform, opening up and Socialist modernization construction, and realize the great rejuvenation of the Chinese nation, in accordance with the Constitution, this Law is formulated.
Article 2: National security refers to a situation in which the national regime, sovereignty, unity and territorial integrity, the welfare of the people, the sustained development of the economy and society and other major State interests are not in danger or under internal or external threat, as well as the capacity to ensure a sustained situation of security.
Article 3: National security work shall persist in a comprehensive national security view, take the security of the people as purpose, take political security as the foundation, take economic security as the basis, take military, cultural and social security as guarantee, take stimulating international security as a support, it shall safeguard national security in all areas, build a national security system, and march the path of national security with Chinese characteristics.
Article 4: [We must] persist in the leadership of the Chinese Communist Party over national security work, establish centralized, unified, effective and authoritative national security leadership structures.
Article 5: The Centre’s national security leading body is responsible for policymaking, discussion and coordination of national security work, for researching the formulation and guiding the implementation of national security strategies and relevant major doctrines and policies, comprehensively planning and coordinating major affairs and major work concerning national security, and promoting the construction of national security rule of law.
Article 6: The State formulates and incessantly perfects national security strategies, comprehensively evaluates international and domestic security circumstances, and clarifies the guiding principles, middle and long-term objectives for national security strategy, as well as national security policies, work tasks and measures in focus areas.
Article 7: The safeguarding of national security shall abide by the Constitution and the law, persist in the principles of Socialist rule of law, respect and ensure human rights, and protect the rights and liberties of citizens according to the law.
Article 8: The safeguarding of national security shall be coordinated with economic and social development.
National security work shall comprehensively take account of internal security and external security, territorial security and citizens’ security, traditional security and non-traditional security, our own security and common security.
Article 9: The safeguarding of national security shall persist in giving preference to prevention, treating both root causes and symptoms, integrating specialist work and the mass line, [it shall] fully give rein to the functions and roles of specialist bodies and other relevant bodies in safeguarding national security, and broadly mobilize citizens and organizations to prevent, curb and lawfully sanction acts harming national security.
Article 10: The safeguarding of national security shall persist in mutual trust, mutual benefit, equality and cooperation, in launching vigorous security exchange and cooperation with foreign governments and international organizations, the implementation of international security duties, the stimulation of common security, and the safeguarding of world peace.
Article 11: Citizens of the People’s Republic of China, all State bodies and armed forces, all political parties and people’s organizations, enterprises, undertakings, organizations and all other social organizations have the responsibility and duty to safeguard national security.
The sovereignty and territorial integrity of China brook no violation or separation. The safeguarding of national sovereignty, unity and territorial integrity is the common duty of all Chinese citizens, including Hong Kong and Macau compatriots, and Taiwan compatriots.
Article 12: The State issues awards and commendations to individuals and organizations making prominent contributions to safeguarding national security work.
Article 13: Where personnel of State bodies abuse their power, commit dereliction of duty, or engage in favouritism in the course of national security work or activities affecting national security, their legal liability will be punished according to the law.
Where any person or individual, in violation of this Law and relevant laws, des not uphold national security duties or engages in acts harming national security, their legal liability will be punished according to the law.
Article 14: 15 April of every year will be a national security education day for the entire population.
Chapter II: The tasks of safeguarding national security
Article 15: The State persists in the leadership of the Chinese Communist Party, upholding the system of Socialism with Chinese characteristics, developing Socialist democratic politics, completing Socialist rule of law, strengthening constraints and supervisory mechanisms for the use of power, and guarantees all rights of the people, who are masters of their own affairs.
The State prevents, curbs and lawfully sanctions any act of treason, separatism, incitement of rebellion, subversion or incitement of subversion of the people’s democratic dictatorship regime; it prevents, curbs and lawfully sanctions theft or divulgement of State secrets and other such acts harming national security; it prevents, curbs and lawfully punishes infiltration, destructive, subversive and separatist activities by foreign forces.
Article 16: The State upholds and develops the fundamental interests of the broadest people, it defends the people’s security, creates good existence and development conditions and stable work and living environments, and guarantees citizens’ lives, assets, security and other lawful rights and interests.
Article 17: The State strengthens the construction of border defence, maritime defence and air defence, it adopts all necessary defence and control measures, safeguards the security of the territory, internal waters, territorial waters and territorial airspace, and safeguards national territorial sovereignty and maritime rights and interests.
Article 18: The State strengthens the revolutionization, modernization and regularization of the armed forces, and constructs armed forces suited to the needs of ensuring national security and development interests; it implements vigorous doctrines for defensive military strategies, to guard against and curb aggression, and to curb armed subversion and separation; it launches international military security cooperation, it implements military operations for United Nations peacekeeping, international aid, maritime escorts and to safeguard overseas national interests, to safeguard national sovereignty, security, territorial integrity, development interests and world peace.
Article 19: The State safeguards the basic system of the national economy and the order of the Socialist market economy, it completes structures and mechanisms to prevent and dissolve economic security risks, to safeguard the security important sectors, crucial areas, focus industries, major infrastructure and major construction programmes as well as other economic interests that affect the lifelines of the national economy.
Article 20: The State completes mechanisms for cautious macro-level financial management and the prevention and management of financial risk, it strengthens the constructions of the financial infrastructure and basic capabilities, and it prevents and dissolves systemic and regional financial risk, and prevents and resists damage by external financial risks.
Article 21: The State reasonably uses and protects natural resources and energy, it effectively controls the development of strategic natural resources and energy, strengthens the storage of strategic natural resources and energy, it perfects the construction of strategic channels for the transportation of natural resources and energy, as well as measures for the protection of their security, it strengthens international natural resource and energy cooperation, comprehensively enhances emergency response capabilities, and ensures that the natural resources and energy required for economic and social developments can be provided in a sustained, reliable and efficient manner.
Article 22: The State completes food security protection system, it protects and raises comprehensive food production capacities, it perfects food storage structures, distribution systems and market regulation mechanisms, it completes food security early warning structures, and guarantees food supply, quality and security.
Article 23: the State persists in the progressive orientation of advanced Socialist culture, it inherits and carries forward the excellent traditional culture of the Chinese nation, it fosters and practices the Socialist core value view, it prevents and resists the influence of harmful culture, it grasps the initiative in the ideological area, and strengthens the overall power and influence of culture.
Article 24: The State strengthens the construction of indigenous innovation capabilities, it accelerates the development of indigenous, controllable and strategic high and new technologies and central or key technologies in important areas, and it strengthens the use and protection of intellectual property rights and the construction of science and technology secrecy protection, and guarantees the security of major technologies and projects.
Article 25: The State constructs a network and information security protection system, it upgrades network and information security protection capabilities, strengthens the innovation, research, development and application of network and information technologies, it realizes the security and controllability of core network and information technologies, crucial infrastructure and information systems and data in important areas; it strengthens network management, it prevents, curbs and lawfully sanctions online attacks, online hacking, online theft of secrets, the dissemination of unlawful or harmful information and other such online unlawful and criminal acts, it safeguards national sovereignty security and development interests in cyberspace.
Article 26: The State persists in and perfects the ethnic autonomous region system, it consolidates and develops Socialist ethnic relationships of equality, unity, mutual assistance and harmony. It persists in the equality of all ethnicities without exception, it strengthens ethic interaction, exchange and mingling, it prevents, curbs and lawfully sanctions acts of ethnic separatism, it upholds national unity, ethnic unity and social harmony, and realizes the common united struggle and common flourishing and development of all ethnicities.
Article 27: The State lawfully protects citizens’ freedom of religious belief and regular religious practices, it persists in the principles of religious independence, autonomy and self-organization, it prevents, curbs and lawfully sanctions the use of the name of religion to conduct unlawful and criminal acts harming national security, it opposes interference by foreign forces in domestic religious affairs, and safeguards the order of regular religious activities.
The State lawfully bans heretical organizations, it prevents, curbs and lawfully sanctions heretical unlawful and criminal activities.
Article 28: The State opposes all forms of terrorism and extremism, it strengthens the construction of capabilities to prevent and manage terrorism, it lawfully engages in intelligence, investigation, protection, management as well as financial supervision work to lawfully ban terrorist activities and groups, and strictly punishes acts of violent terrorism.
Article 29: The State completes effective structures and mechanisms to effectively prevent and dissolve social contradictions, it completes public security systems, to vigorously prevent, reduce and dissolve social contradictions, it appropriately handles sudden events in public health, social security, and in other areas influencing national security and social stability, it stimulates social harmony, and safeguards public security and social security.
Article 30: The State perfects protection structures and systems to protect the ecological environment, it strengthens ecological construction and environmental protection, it delimits red lines for ecological protection, strengthens early warning and prevention of ecological risks, appropriately handles sudden environmental incidents, guarantees that the natural environment and conditions on which the people rely for their existence, including air, water, soil, etc., are not threatened or destroyed, and stimulates the harmonious development of humanity and nature.
Article 31: The State persists in the peaceful use of nuclear energy and nuclear technology, it strengthens international cooperation, prevents nuclear proliferation, perfects anti-proliferation mechanisms, strengthens security management, supervision and protection of nuclear facilities, nuclear materials, nuclear activities and nuclear waste processing, it strengthens emergency response systems and emergency response capacity building for nuclear accidents, it prevents, controls and eliminates ecological and environmental harms from nuclear accidents to citizens’ lives and health, it incessantly strengthens capabilities to effective respond to and prevent nuclear threats and nuclear attacks.
Article 32: The State persists in the peaceful exploration and use of outer space, the international seabeds and the polar regions, it strengthens its capacity for secure comings and goings, scientific observation, exploitation and use, it strengthens international cooperation, and safeguards the security our country’s activities, assets and other interests in outer space, the international seabeds and the polar regions.
Article 33: The State lawfully adopts necessary measures to protect the security and proper rights and interests of Chinese citizens, organizations and bodies abroad, and to protect national interests abroad from threat and harm.
Article 34: The State incessantly perfects the tasks of protecting national security on the basis of the needs of economic and social development, and national development interests.
Chapter III: The duties of safeguarding national security
Article 35: The National People’s Congress decides on questions of war and peace and exercises other powers concerning national security provided in the Constitution, according to the provisions of the Constitution.
The National People’s Congress Standing Committee decides on the declaration of the state of war, decides on general national mobilization or partial mobilization, decides on entering a state of emergency nationwide or in individual provinces, autonomous regions and municipalities, and exercises other powers concerning national security as provided in the Constitution and as empowered by the National People’s Congress, according to the provisions of the Constitution.
Article 36: The Chairman People’s Republic of China declares entry into a state of emergency, declares the state of war, issues the order for mobilization, and exercises other powers concerning national security as provided in the Constitution, according to the decisions of the National People’s Congress and the decisions of the National People’s Congress Standing Committee.
Article 37: According to the Constitution and the law, the State Council formulates administrative regulations concerning national security, stipulates relevant administrative measures, and disseminates relevant decisions and orders; it implements national security laws, regulations and policies; it decides on the entry into a state of emergencies of partial regions within provinces, autonomous regions and municipalities; and exercises other powers concerning national security as provided by the Constitution and the law, and as authorized by the National People’s Congress and its Standing Committee.
Article 38: The Central Military Commission leads the armed forces nationwide, it decides on military strategy and the warfare doctrines of the armed forces, it has unified command of military operations to safeguard national security, formulates military regulations concerning national security, and issues relevant decisions and orders.
Article 39: All departments of Centre and State bodies, according to their powers and the division of labour, implement and exercise national security doctrines, policies, laws and regulations, manage and guide national security work in their systems and localities.
Article 40: All local levels’ People’s Congresses and local county-level or higher levels’ People’s Congress Standing Committees ensure the observance and implementation of national security laws and regulations within their administrative areas.
All local levels’ People’s Governments manage national security work within their administrative areas according to the provisions of laws and regulations.
The Hong Kong Special Administrative Region and Macau Special Administrative Region shall fulfil the responsibility of safeguarding national security.
Article 41: The People’s Courts exercise judicial powers according to the provisions of the Constitution, the People’s Procuratorates exercise prosecutorial powers according to the provisions of the Constitution, to punish crimes violating national security.
Article 42: National security bodies and public security bodies collect intelligence and information concerning national security according to the law, and exercise the powers of investigation, detention, inquiry and arrest, as well as other powers provided in the law in national security work according to the law.
Relevant military bodies exercise corresponding powers in national security work according to the law.
Article 43: State bodies and their work personnel shall, when exercising their responsibilities, implement the principle of safeguarding national security.
State bodies and their work personnel shall, when carrying out national security work or activities concerning national security, strictly exercise their duties according to the law, they may not exceed their powers or abuse their powers, and may not infringe the lawful rights and interests of individuals and organizations.
Chapter IV: The national security system
Section 1: Ordinary provisions
Article 44: The Centre’s national security leading body implements a national security work structure and work mechanisms that combine centralization and decentralization, are coordinated and highly effective.
Article 45: The State establishes work coordination mechanisms for focus areas of national security, and comprehensively coordinates the work conducted by relevant functional Centre bodies.
Article 46: The State establishes national security work supervision, inspection and responsibility investigation mechanism, and guarantees that the national security strategy and major deployments are implemented.
Article 47: All Departments and all localities shall adopt effective measures to implement the national security strategy.
Article 48: On the basis of the needs of safeguarding national security work, the State establishes cross-departmental consultation work mechanisms, to engage in consultation and decision-making concerning major national security affairs, and put forward opinions and suggestions.
Article 49: The State establishes joint operational mechanisms concerning national security between the Centre and the localities, between departments, between military regions and between regions.
Article 50: The State establishes national security policymaking consultation mechanisms, organizes analysis and deliberation of the national security situation by experts and relevant parties, to move scientific policymaking in national security forward.
Section 2: Intelligence and information
Article 51: The State completes intelligence and information collection, deliberation and use structures with uniform authority, flexible response, high accuracy and efficiency, and smooth operations, and it establishes intelligence and information work coordination mechanisms, to realize the timely collection, accurate deliberation and effective use and sharing of intelligence and information.
Article 52: National security bodies, public security bodies and relevant military bodies collect intelligence and information concerning national security according to the law, on the basis of their duties and the division of labour.
All State bodies’ departments shall, in the process of carrying out their duties, timely report relevant information concerning national security they obtain.
Article 53: When engaging in intelligence and information work, modem scientific and technological methods shall be fully utilized, and the differentiation, screening, synthesis, deliberation and analysis of intelligence and information shall be strengthened.
Article 54: The submission of intelligence and information shall be timely, accurate and objective, it is not permitted to delay reports, fail to report, give false reports or lie about reports.
Section 3: Risk prevention, assessment and early warning
Article 55: The State formulates and perfects plans to respond to national security risks in all areas.
Article 56: The State establishes national security risk assessment mechanisms, to regularly launch investigation and evaluation of national security risks in all areas.
Relevant departments shall regularly submit national security risk evaluation reports to the Centre’s national security leading body.
Article 57: The State completes national security risk monitoring and early warning structure, to timely issue corresponding early risk warnings on the basis of the extent of national security risks.
Article 58: County-level or higher local People’s Governments and their relevant controlling departments shall, with regard to incidents harming national security that may soon occur or have already occurred, immediately report the matter to the People’s Government and their relevant controlling departments of one level higher, and when necessary, may report the matter in a manner skipping levels.
Section 4: Examination and supervision
Article 59: The State establishes national security examination and supervision structures and mechanisms, to conduct national security examination of foreign investments that influence or may influence national security, specific goods or core technologies, online information technology products and services, construction projects involving national security affairs, as well as other major affairs and activities, to effectively prevent and dissolve national security risks.
Article 60: All departments of Centre and State bodies exercise national security examination duties according to laws and administrative regulations, make national security examination decisions or put forward security examination opinions, and supervise their implementation according to the law.
Article 61: Provincial, autonomous regions and municipalities are responsible for national security examination and supervision work within their administrative regions.
Section 5: Crisis control
Article 62: The State establishes national security crisis control structures with unified leadership, coordinated joint action, which are orderly and highly effective.
Article 63: When major events endangering national security occur, relevant Centre departments and relevant localities, on the basis of the uniform deployment of the Centre’s national security leadership body, initiates emergency response plans, and adopts management, control and handling measures according to the law.
Article 64: When especially grave incidents endangering national security occur, and it is necessary to enter a state of emergency, a state of war or engage in general or partial mobilization, the National People’s Congress and the National People’s Congress Standing Committee or the State Council will decide on the matter according to the powers and procedures provided in the Constitution and relevant laws.
Article 65: After the country decides to enter a state of emergency, a state of war or to engage in national defence mobilization, relevant bodies exercising national security crisis management responsibilities, according to the provisions of laws or the National People’s Congress Standing Committee, have the power to adopt special measures to limit the rights of citizens and organizations and increase the duties of citizens and organization.
Article 66: Relevant bodies exercising national security crisis management duties that adopt measures to deal with a national security crisis, shall adapt to the nature, extent and scope of the harm that the national security crisis may create; where there are many kinds of measures that may be chosen, the measure that benefits the protection of the rights and interests of citizens and organizations to the greatest extent shall be selected.
Article 67: The State completes national security crisis information reporting and dissemination mechanisms.
After the national security crisis incident occurs, relevant bodies exercising national security crisis management duties shall report the matter accurately and timely according to regulations, they shall also uniformly announce occurrence of the national security crisis incident, its development, management, handling and aftermath to society.
Article 68: After national security threats and dangers are controlled or eliminated, control and management measures shall be abolished timely, and the aftermath work shall be done.
Chapter V: National security guarantees
Article 69: The State completes national security protection systems, and strengthens capabilities to safeguard national security.
Article 70: The State completes national security law systems and structures, to promote the construction of national security rule of law.
Article 71: The State expands investment into all areas of construction concerning national security, and guarantees funding and equipment needed for national security work.
Article 72: Work units undertaking storage tasks of strategic assets for national security shall, according to relevant State regulations and standards, conduct the storage, preservation and safeguarding of national security assets, regularly adjust and update, and ensure the usability, efficacy and security of stored assets.
Article 73: Scientific and technological innovation in the area of national security is encouraged, to give rein to the role of science and technology in safeguarding national security.
Article 74: The State adopts the necessary measures to recruit, foster and manage specialist national security work talents and particular talents.
On the basis of the needs of safeguarding national security, the State protects the identity and lawful rights and interests of relevant bodies’ personnel especially engaging in national security work, and expands their personal protection and security arrangements.
Article 75: National security bodies, public security bodies and relevant military bodies that engage in specialized national security work may adopt necessary ways and methods according to the law, relevant departments and localities shall provide support and coordination within the scope of their duties.
Article 76: The State strengthens news, propaganda and public opinion guidance concerning national security, it conducts national security propaganda and education activities in many forms, it will bring national security education into compulsory education systems and public servant education and training systems, and strengthens the national security consciousness of the entire population.
Chapter VI: The duties and rights of citizens and organizations
Article 77: Citizens and organizations shall have the duty to carry out the following matters to safeguard national security:
(1) abiding by the provisions in the Constitution, laws and regulations concerning national security
(2) timely reporting clues concerning acts harming national security;
(3) truthfully providing evidence involving acts harming national security of which they are aware;
(4) providing convenient conditions or other kinds of assistance to national security work;
(5) providing the necessary support and assistance to national security bodies, public security bodies and relevant military bodies;
(6) keeping State secrets of which they are aware;
(7) other duties as provided in laws and administrative regulations.
No person or organization may act in a manner harming national security, or may provide any kind of assistance or cooperation to individuals or organizations harming national security.
Article 78: Bodies, people’s organizations, enterprises, undertakings and other social organizations shall educate these work units’ personnel about safeguarding national security, mobilize and organize these work units’ personnel to prevent and curb acts harming national security.
Article 79: Enterprises and undertakings shall, according to the demands of national security work, cooperate with relevant departments that adopt corresponding security measures.
Article 80: Citizens and organizations who act to support or assist national security works are protected by the law.
Where the personal security a person or their near relatives is endangered because of assistance in national security work, they may request protection with public security bodies or national security bodies. Public security bodies and national security bodies shall adopt protection measures jointly with relevant departments, according to the law.
Article 81: Where citizens or organizations support or assist national security work leading to damage to assets, compensation shall be granted according to relevant State regulations; where it results in personal harm or death, preferential treatment shall be extended to the bereaved according to relevant State regulations.
Article 82: Citizens and organizations have the right to put forward critical suggestions concerning national security work to State bodies, and have the right to put forward complaints, accusations and reports against unlawful acts or acts of neglect by State bodies and their work personnel in national security work.
Article 83: When it is necessary to adopt exceptional measures limiting citizens’ rights and liberties in national security work, it will be handled according to the law, and be delimited by the real needs of safeguarding national security.
Chapter VII: Supplementary principles
Article 84: This Law takes effect on the date of promulgation.
第十四条 每年4月15日为全民国家安全教育日。第二章 维护国家安全的任务
第三十四条 国家根据经济社会发展和国家发展利益的需要，不断完善维护国家安全的任务。第三章 维护国家安全的职责
第六十八条 国家安全威胁和危害得到控制或者消除后，应当及时解除管控处置措施，做好善后工作。第五章 国家安全保障
第七十六条 国家加强国家安全新闻宣传和舆论引导，通过多种形式开展国家安全宣传教育活动，将国家安全教育纳入国民教育体系和公务员教育培训体系，增强全民国家安全意识。第六章 公民、组织的义务和权利