Article 38 of the new "People's Republic of China (PRC) Law on Guarding State Secrets" (full text) stipulates that secret-related personnel shall be subject to the management of confidentiality period after leaving their posts. Secret-related personnel shall perform their confidentiality obligations in accordance with the regulations during the confidentiality period, and shall not go to work in violation of the regulations, and shall not disclose state secrets in any way.
The management requirements for the confidentiality period of confidential personnel mainly include:
Clear decryption time limit; Sign a confidentiality undertaking with the original organ or unit, and promise to continue to perform confidentiality obligations and not to disclose known state secrets; Timely repaying all secret vector and classified information equipment held and used, and handling handover procedures; Without approval, you may not leave the country without authorization; Not employed by domestic or overseas institutions, organizations or foreign-funded enterprises; It is not allowed to provide labor services, consulting or other services for personnel of overseas institutions or foreign-funded enterprises.
Extended data:
When a secret-related person enters or leaves his post, the unit to which he belongs shall organize him to sign a confidentiality undertaking, including the confidentiality obligations he should perform after leaving his post and the legal responsibilities he should bear if he violates the undertaking.
Under normal circumstances, the resignation obligation involved in the confidentiality undertaking includes the following contents: (1) You should continue to perform the confidentiality obligation after leaving your job; Don't reveal the state secrets you have come into contact with and know in any way; Don't hold secret carriers privately; Comply with the requirements of confidentiality management.
From the perspective of effectiveness, the confidentiality undertaking is a long-term and effective legal document, which will not be terminated by the unilateral resignation of the confidential personnel. As long as the state secrets they know have not been decrypted, the confidentiality undertaking they signed will not be terminated.
Confidential personnel leaving their posts or leaving their posts shall promptly remove secret vector and confidential information equipment held and used by individuals, sign a confidentiality undertaking, and strictly manage the confidentiality period. The confidentiality period of the secret-related personnel shall be counted from the date when the organ or unit approves the secret-related personnel to leave the secret-related post.
Secret-related personnel leave their posts (leaving their secret-related jobs and not leaving their organs and units), and the organs and units are responsible for the management of the secret-related period. If the secret-related personnel leave the original secret-related unit and are transferred to other state organs and secret-related units, the management of the secret-related period shall be the responsibility of the transferred unit; In other cases, the original secret-related unit, the secrecy administrative department or the public security organ shall be responsible.