National Intelligence Law of the People’s Republic of China (2018 Revision)
(Adopted at the 28th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on June 27, 2017, and revised according to the Decision on Revising Six Laws including the Frontier Health and Quarantine Law of the People's Republic of China adopted at the Second Session of the Standing Committee of the 13th National People's Congress on April 27, 2018)
第一章 总 则
Chapter 1 General Provisions
Article 1 The National Intelligence Law (the "Law") is formulated in accordance with the Constitution to strengthen and guarantee the State intelligence work, safeguard the national security and protect national interests.
Article 2 The State intelligence work adheres to the overall concept of national security, provide reference intelligence information for the State to make major decisions, provide intelligence support to prevent and dispel risks that endanger national security, and uphold the country's regime, sovereignty, unity and territorial integrity, well-being of the people, sustainable economic and social development, and other important interests of the State.
Article 3 The State establishes and improves a national intelligence mechanism that is centralized, unified, scientific and efficient and requires division of responsibilities and collaboration.
The central leadership organ of state security shall exercise leadership over the State intelligence work, formulate guidelines and policies for the State intelligence work, plan the overall development of the State intelligence work, establish and improve the coordination mechanism for the State intelligence work, make overall plans for and coordinate the State intelligence work in all fields, and make decisions on major matters regarding the State intelligence work after studies.
The Central Military Commission shall exercise leadership over and organize the military intelligence work in a unified manner.
Article 4 The State intelligence work shall be based on principles of combining the open work and secret work, integrating the specific affairs with the mass line, and adopting both division of responsibilities and collaboration.
Article 5 Intelligence agencies under state security organs and public security organs, and military intelligence agencies (hereinafter referred to as the "agencies for State intelligence work") shall cooperate with each other according to the division of their responsibilities in order to do well in performing intelligence work and conducting intelligence operations.
All relevant national organs shall, depending on their own functions and responsibilities, work closely with agencies for State intelligence work.
Article 6 Agencies for State intelligence work and their functionaries shall be loyal to the State and the people, observe the Constitution and laws, be loyal to their duties, be disciplined, honest and selfless to resolutely safeguard national security and interests.
Article 7 All organizations and citizens shall, in accordance with the law, provide support and assistance to and cooperate with the State intelligence work, and keep secret the State intelligence work that they know.
The State protects individuals and organizations that provide support and assistance to and cooperate with the State intelligence work.
Article 8 The State intelligence work shall be conducted according to the law, ensuring respect for and assurance of human rights and efforts to safeguard the legitimate rights and interests of individuals and organizations.
Article 9 The State commends and rewards individuals and organizations that have made great contributions to the State intelligence work.
Chapter 2 Functions and Powers of Agencies for State Intelligence Work
Article 10 Agencies for State intelligence work may make use of necessary methods, approaches and channels according to the law to carry out intelligence work overseas, depending on their operational needs.
Article 11 Agencies for State intelligence work shall legally collect and process the relevant information about activities jeopardizing the national security and interests of the People's Republic of China that are conducted by any overseas agency, organization or individual itself, or by any other party under the instruction or assistance of such overseas agency, organization or individual, or by any domestic or overseas agency, organization or individual in collusion with each other, in order to provide intelligence basis or reference for preventing, curbing and punishing such activities.
Article 12 Agencies for State intelligence work may, according to relevant provisions of the State, build up bonds of cooperation with relevant individuals and organizations, and entrust them to perform relevant work.
Article 13 Agencies for State intelligence work may engage in foreign exchange and cooperation in accordance with relevant provisions of the State.
Article 14 Agencies for State intelligence work may, when conducting the intelligence work according to the law, require related organs, organizations and citizens to provide necessary support, assistance and cooperation.
Article 15 Agencies for State intelligence work may, in light of their operational needs, adopt technical measures for investigation purpose and identity protection measures after they have gone through strict approval procedures in accordance with relevant provisions of the State.
Article 16 While performing a task, functionaries of an agency for State intelligence work are allowed to enter into relevant controlled areas or places, or to inquire about relevant particulars from related organs, organizations and individuals, or to look up or access to relevant files, documents and articles upon approval by presenting corresponding credentials in accordance with applicable provisions of the State.
Article 17 In order to perform an urgent task, functionaries of an agency for State intelligence work are entitled to ease of movement facilitation by presenting corresponding credentials.
In light of their operational needs, functionaries of an agency for State intelligence work, may be given priority in use of or legally commandeer the vehicles, communication tools, venues and buildings of organs, organizations and individuals concerned, and are allowed to equip relevant operational sites with certain devices and facilities when necessary. However, they shall immediately return the above-said stuff or restore the sites to the original conditions after their missions have been completed, and pay relevant fees in accordance with provisions; and they shall make compensation in case of any damage caused.
Article 18 In light of their operational needs, agencies for State intelligence work may request the customs departments, exit-entry border inspection authorities and other organs to facilitate their work such as inspection exemptions.
Article 19 Agencies for State intelligence work as well as their functionaries shall act in strict accordance with the law, and shall not overstep or misuse their authority, or infringe the legitimate rights and interests of any citizen or organization, or seek personal gains for themselves or others by taking advantage of their positions, or divulge the State secrets, trade secrets or personal information.
Chapter III Guarantee for State Intelligence Work
Article 20 Agencies for State intelligence work as well as their functionaries' performance of their intelligence work according to the law shall be protected by law.
Article 21 The State steps up its efforts to build agencies for State intelligence work, exercises special administration of the organizational structure, functionaries, establishment, funds and assets, and provides special guarantee for them.
The State establishes appropriate management systems for the employment, selection, assessment, training, treatment and withdrawal of functionaries that meet the needs of intelligence work.
Article 22 Agencies for State intelligence work shall improve their own capability of performing intelligence work to meet the needs of the intelligence work.
Agencies for State intelligence work shall apply scientific and technological means to improve the level of identification, screening, synthesis and analysis of intelligence information.
Article 23 For functionaries of an agency for State intelligence work and the persons who have established cooperative relationship with agencies for State intelligence work, relevant departments of the State shall take necessary measures to give protection or go to the rescue, should the personal safety of these functionaries and persons or of their close relatives be under threaten as a result of such functionaries' performance of tasks or such personnel's assistance in State intelligence work.
Article 24 For individuals who have made contributions to the State intelligence work and need to be resettled, the State shall resettle such individuals in an appropriate manner.
Such related departments as the public security organs, departments of civil affairs, departments of finance, departments of health, departments of education, departments of human resources and social security, ex-serviceman affairs and medical security, etc. as well as state-owned enterprises and public institutions shall assist agencies for State intelligence work in resettling such individuals in an appropriate manner.
Article 25 Any individual who suffers disability or sacrifices himself/herself or dies from conducting the State intelligence work or providing support, assistance or cooperation to the State intelligence work shall be given corresponding compensation and preferential treatment in accordance with relevant provisions of the State.
Any individual or organization that suffers losses of property as a result of providing support, assistance or cooperation to the State intelligence work shall be given corresponding compensation in accordance with relevant provisions of the State.
Article 26 Agencies for State intelligence work shall establish and improve strict oversight and safety review systems, supervise their functionaries' observation of laws and disciplines, and take necessary measures according to the law to perform safety reviews on a regular or irregular basis.
Article 27 In case of any practices of agencies for State intelligence work as well as their functionaries to overstep or misuse their authority, or otherwise, any individual or organization has the right to inform or accuse such practices. Such organs that accept the accusation or complaint shall initiate an investigation immediately and impose punishment accordingly, and notify the informant or the accuser of the investigation and punishment outcomes.
Any individual or organization shall not oppress or retaliate against the individual or organization that informs or complains against the agencies for State intelligence work as well as their functionaries according to the law.
Agencies for State intelligence work shall provide individuals and organizations with convenient channels for informing, complaining against or reporting relevant situation, and keep such informers and complainants confidential.
第四章 法 律 责 任
Chapter 4 Legal Liability
Article 28 Where anyone violates provisions herein by obstructing an agency for State intelligence work as well as its functionaries to work on intelligence according to the law, punishment will be imposed by relevant entity as suggested by the agency for State intelligence work or the state security organ or public security organ will give him a warning or impose a detention of less than 15 days on him; where a crime is constituted, the criminal liability shall be pursued according to the law.
Article 29 Where anyone gives away any state secret relating to the State intelligence work, punishment will be imposed by relevant entity as suggested by the agency for State intelligence work or the state security organ or public security organ will give him a warning or impose a detention of less than 15 days on him; where a crime is constituted, the criminal liability shall be pursued according to the law.
Article 30 Anyone who performs such acts as cheating and bluffing, fraud, extortion by pretending to be functionaries of agencies for State intelligence work or other related personnel shall be penalized in accordance with relevant provisions of the Law of the People's Republic of China on Penalties for the Violation of Public Security Administration; where a crime is constituted, the criminal liability shall be pursued according to the law.
Article 31 Any agency for State intelligence work or any of its functionaries oversteps or misuses his or her authority, or infringes the legitimate rights and interests of citizens and organizations, or seeks personal gains for himself/herself or others by taking advantage of his or her positions, or leaks any state secret, trade secret or personal information, shall be punished according to the law; where a crime is constituted, the criminal liability shall be pursued according to the law.
第五章 附 则
Chapter 5 Supplementary Provisions
Article 32 The Law shall come into force as of June 28, 2017.