Issued by the State Science and Technology Commission
Decree No.20 of the State Science and Technology Commission and the State Secrecy Bureau was issued under this symbol.
Release date: 1995-0 1-06
Effective date 1995-0 1-06
Expiration date-
Category national laws and regulations
Source of the document-
Order of People's Republic of China (PRC) State Science and Technology Commission and State Secrecy Bureau
(No.20)
The Provisions on Science and Technology Confidentiality are hereby promulgated and shall come into force as of the date of promulgation.
Director Song Jian.
Director Shen
1995 1 6th.
Provisions on scientific and technological secrecy
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Law of People's Republic of China (PRC) on Guarding State Secrets and the Law of People's Republic of China (PRC) on Scientific and Technological Progress.
Article 2 Scientific and technological secrecy should not only ensure the security of national scientific and technological secrets, but also promote the development of science and technology, which is conducive to the liberation and development of productive forces.
Article 3 Scientific and technological secrecy should focus on key points, ensure the safety of important state scientific and technological secrets, and relax the exchange and application of general state scientific and technological secrets in a controlled manner.
Article 4 Science and technology secrecy should be combined with science and technology management, which is an important duty of the scientific management department. Doing a good job in scientific and technological secrecy depends on the vast number of scientific and technological workers.
Article 5 The State Science and Technology Commission (hereinafter referred to as the State Science and Technology Commission) shall, in accordance with its functions and duties, administer the national science and technology secrecy work. The competent departments of science and technology of all provinces, autonomous regions and municipalities directly under the Central Government shall manage the scientific and technological secrecy work in their respective regions according to their duties, and the competent departments of science and technology of all departments of central state organs shall manage the scientific and technological secrecy work of their own departments or systems according to their duties.
Sixth security departments at all levels are responsible for the guidance, coordination, supervision and inspection of scientific and technological security work.
Chapter II Scope and Classification of State Scientific and Technological Secrets
Seventh science and technology involving national security and interests, which will cause one of the following consequences after disclosure, belongs to the scope of national science and technology secrets:
(1) Weakening the capacity of national defense and public safety;
(2) Affecting the international advanced level of China's technology;
(3) Lost the uniqueness of China technology;
(four) affecting the international competitiveness of technology;
(five) damage to the national reputation, rights and interests and foreign relations.
Article 8 The classification of national scientific and technological secrets:
(1) top secret level
1. Leading in the world and having a particularly significant impact on national defense construction or economic construction;
2. It can lead to a breakthrough in the high-tech field;
3. It can reflect the overall national defense and public safety strength.
(2) Confidentiality level
1. Being at the international advanced level, having military use or having a significant impact on economic construction;
2 can partially reflect the strength of national defense and public safety;
3. China's unique traditional craft, which is not limited by natural conditions, can embody the essence of national characteristics and has significant social or economic benefits.
(3) secret level
1. is at the international advanced level, has advantages over foreign countries in major technologies, and has great social or economic benefits;
2. Traditional craft unique to China, limited by certain natural conditions and with great social or economic benefits.
Article 9 In any of the following circumstances, it does not belong to the scope of state scientific and technological secrets:
(1) It has been made public abroad;
(2) It is not internationally competitive and does not involve national defense and public safety capabilities;
(3) the research results of pure basic theory;
(4) Traditional crafts that are circulated in China or can be basically mastered by local people;
(5) Traditional technology is mainly limited by local climate, resources and other natural conditions, so it is difficult to simulate its production conditions.
Article 10 Civil science and technology that belongs to state scientific and technological secrets shall not be classified as top secret in principle. If it really needs to be classified as top secret, it shall comply with the provisions of Article 8 of these Provisions on top secret and report to the State Science and Technology Commission for examination and approval.
Chapter III Determination, Alteration and Decryption of State Scientific and Technological Secrets
Eleventh national scientific and technological secrets shall be classified according to the following provisions:
(a) generator sets shall be classified in a timely manner in accordance with the provisions of Article 8 of these Provisions;
(2) In accordance with the provisions of Articles 7 and 8 of these Provisions, if it is difficult to determine whether scientific and technological achievements belong to state secrets and what kind of classification, the generating unit shall determine the classification in time according to the evaluation method of state secrets of scientific and technological achievements;
(three) the relevant units in the formulation of scientific research plans and programs, should be in accordance with the provisions of the timely determination of the classification of projects or topics. After the completion of scientific and technological achievements, the classification should be evaluated;
(4) The relevant units shall, within 30 days after the classification of national scientific and technological secrets is determined, report to the competent departments of science and technology of provinces, autonomous regions and municipalities directly under the Central Government or the competent departments of science and technology of various departments of central state organs in accordance with their administrative affiliation.
When determining the classification of state scientific and technological secrets, the duration and key points of confidentiality shall be determined at the same time.
Twelfth scientific and technological achievements completed by individuals shall be classified by the competent departments of science and technology of provinces, autonomous regions and municipalities directly under the Central Government, and shall be managed in accordance with these Provisions.
Thirteenth national scientific and technological secrets, in any of the following circumstances, should be changed in a timely manner:
(a) There is a major change in the scope of knowledge;
(2) Once leaked, the degree of damage to national security and interests will change obviously.
Changes in the classification of state scientific and technological secrets shall be decided by the organs and units that determine the classification.
Fourteenth national scientific and technological secrets, in any of the following circumstances, should be promptly decrypted:
(a) Technology tends to become obsolete and loses its confidential value;
(two) in order to make our country occupy the international market, there are alternative technologies or foreign research is about to succeed;
(three) has spread and it is difficult to take remedial measures;
(four) has been popularized in a large range of experiments, and the insurability is poor;
(five) can be obtained from public products.
State scientific and technological secrets shall be declassified at the expiration of the confidentiality period.
The relevant units and individuals may put forward suggestions on the decryption of national scientific and technological secrets that need to be decrypted within the confidentiality period. Secret level, it shall be reported to the competent departments of science and technology of provinces, autonomous regions and municipalities directly under the central government or the competent departments of science and technology of various departments of central state organs for examination and approval; Confidential and top secret reports must be submitted to the State Science and Technology Commission for examination and approval. The examination and approval results shall be notified to the relevant units and individuals within 30 days after receiving the report.
Article 15 The State Science and Technology Commission, the departments in charge of science and technology of all provinces, autonomous regions and municipalities directly under the Central Government, the departments in charge of science and technology of all departments of central state organs, and the organs and units that have determined the confidentiality level may make a decision to extend the confidentiality period, and notify the relevant units and individuals 30 days before the expiration of the confidentiality period.
Article 16 The State Science and Technology Commission, the departments in charge of science and technology of all provinces, autonomous regions and municipalities directly under the Central Government, and the departments in charge of science and technology of central state organs have the right to correct the acts that the determination, alteration and decryption of state scientific and technological secrets do not conform to the relevant state laws and regulations on confidentiality and these Provisions.
Article 17 The departments in charge of science and technology of all provinces, autonomous regions and municipalities directly under the Central Government and the departments in charge of science and technology of central state organs shall report the classification and declassification of state secret technologies determined and changed in their respective regions and departments to the State Science and Technology Commission, which shall organize experts to review them, and jointly publish them with the state secrecy department on a regular basis.
Chapter IV Confidentiality Management of State Scientific and Technological Secrets
Article 18 The State Science and Technology Commission shall manage the national science and technology secrecy work, and its specific responsibilities are as follows:
(a) in conjunction with the relevant departments to formulate or jointly formulate rules and regulations on scientific and technological confidentiality;
(two) to guide the determination and adjustment of national scientific and technological secrets;
(3) Examining and approving foreign-related state scientific and technological secrets in accordance with regulations;
(four) to assist the state secrecy department to check the scientific and technological secrecy work and investigate and deal with major scientific and technological leaks;
(five) to carry out publicity and education on scientific and technological secrecy, and organize the training of scientific and technological secrecy cadres;
(six) commend and reward advanced units and individuals in science and technology security.
The State Science and Technology Commission has set up the National Science and Technology Security Office, which is responsible for the daily work of science and technology security management.
Article 19 The departments in charge of science and technology of all provinces, autonomous regions and municipalities directly under the Central Government and the departments in charge of science and technology of central state organs shall be responsible for managing the scientific and technological secrecy of their own regions, departments and systems under the guidance of the State Science and Technology Commission and the secrecy departments of their own regions and departments. Its main responsibilities are as follows:
(a) to implement the national guidelines and policies on scientific and technological secrecy, and to formulate rules and regulations on scientific and technological secrecy in the region, the department or the system;
(two) to guide the determination and adjustment of national scientific and technological secrets in the region, the department or the system;
(3) Examining and approving foreign-related state scientific and technological secrets in accordance with regulations;
(four) to participate in major scientific and technological activities and foreign-related scientific and technological activities in the region, the department or the system, and to cooperate with relevant departments to formulate special confidentiality plans;
(five) to assist the security department to check the scientific and technological security work in the region, the department or the system, and to investigate and deal with scientific and technological leaks;
(six) to commend and reward the advanced units and individuals of science and technology safety in the region, the department or the system.
Departments in charge of science and technology in all provinces, autonomous regions and municipalities directly under the Central Government and departments of central state organs shall set up specialized agencies or designate special persons to be responsible for the daily work of science and technology security management.
Twentieth organs, units, social organizations and individuals at all levels shall not involve state scientific and technological secrets in the following scientific and technological cooperation and exchange activities:
(a) to carry out public welfare science and technology lectures, advanced studies, inspection, cooperative research and other activities;
(two) the use of radio, film, television and public newspapers, books, graphic materials and audio-visual products for publicity or publication of papers;
(three) to carry out public welfare scientific and technological exhibitions, technical performances and other activities.
Twenty-first in foreign scientific and technological exchanges and cooperation, it is really necessary to provide state scientific and technological secrets to the outside world, and shall go through the examination and approval procedures in accordance with relevant state regulations.
If it is really necessary to bring state scientific and technological secret materials and articles out of the country because of work, it shall conduct confidentiality review in accordance with relevant state regulations and go through exit procedures.
Twenty-second reception of overseas personnel to visit state scientific and technological secrets shall be reported by the receiving unit to the competent departments of science and technology of provinces, autonomous regions and municipalities directly under the Central Government or the competent departments of science and technology of various departments of central state organs for examination and approval.
Article 23 The transfer of state secret technology in China shall be approved by the superior competent department of the technology completion unit, and the confidentiality level, confidentiality period and confidentiality obligations of the transferee shall be clearly defined in the contract.
Article 24 The export of state secret technology shall go through the examination and approval procedures in accordance with the relevant provisions of the state secret technology export examination.
Article 25 Where a joint venture is established with overseas enterprises, other economic organizations and domestic individuals by using state secret technology, it shall be submitted to the competent department of science and technology of the province, autonomous region or municipality directly under the Central Government or the competent department of the central state organ for examination and approval before the project is established. Overseas joint ventures shall be regarded as the export of state secret technology, and shall go through the examination and approval procedures in accordance with the relevant provisions of the state secret technology export examination.
Twenty-sixth the popularization and application of state secret technology should be carried out by units with corresponding confidentiality conditions, and all relevant personnel have the obligation to keep state secrets.
Article 27 For scientific and technical personnel involved in the development of state secret technology, the relevant organs and units shall not affect their awards, recognition and evaluation of professional titles because their achievements are not suitable for public publication, exchange and promotion.
The relevant organs and units shall evaluate the actual level of papers that cannot be published in public publications at home and abroad because of confidentiality.
Twenty-eighth organs and units at all levels shall, in accordance with the relevant provisions, do a good job in the management of national scientific and technological secret files.
Twenty-ninth top secret state secret technology shall not apply for a patent or secret patent during the confidentiality period.
Confidential and confidential state secret technologies may apply for confidentiality patents within the confidentiality period, but confidential technologies must be reported to the State Science and Technology Commission for approval, and confidential technologies must be reported to the competent departments of science and technology of provinces, autonomous regions and municipalities directly under the Central Government or departments of central state organs for approval.
Where a confidential or secret state secret technology applies for a patent or is converted from a confidential patent into a patent, it shall go through the decryption procedures in advance in accordance with the provisions of Article 14 of these Provisions.
Thirtieth organs and units at all levels shall reward the collectives and individuals who have made contributions and made remarkable achievements in the work of scientific and technological secrecy; In violation of state secrecy laws and regulations, we should give criticism and education; If the circumstances are serious, causing damage to national security and interests, the relevant responsible persons shall be given administrative sanctions in accordance with relevant laws and regulations, and those who violate the criminal law shall be transferred to judicial organs for criminal responsibility.
Chapter V Supplementary Provisions
Article 31 Provisions on scientific and technological secrecy with national defense as its purpose or main purpose shall be formulated separately by the Commission of Science, Technology and Industry for National Defense in accordance with the scope of duties prescribed by the state.
Thirty-second provinces, autonomous regions and municipalities directly under the central government departments in charge of science and technology and the central state organs in charge of science and technology can formulate specific provisions in accordance with these provisions.
Article 33 The State Science and Technology Commission shall be responsible for the interpretation of these Provisions.
Article 34 These Provisions shall come into force as of the date of promulgation. With the approval of the State Council, the Regulations on Science and Technology Secrecy promulgated by 198 1 shall be abolished at the same time.