Counterespionage Law of the People's Republic of China

(Adopted at the 11th Meeting of the Standing Committee of the Twelfth National People's Congress on November 1, 2014, and revised at the 2nd Meeting of the Standing Committee of the Fourteenth National People's Congress on April 26, 2023)

 Contents

Chapter I    General Provisions

Chapter II    Security Precautions  

Chapter III   Investigation and Measures to be Taken

Chapter IV   Safeguards and Supervision

Chapter V    Legal Liability

Chapter VI   Supplementary Provisions

Chapter I

General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purposes of strengthening the counterespionage work and guarding against, stopping and punishing espionage, to maintain national security and protect the interests of the people.

Article 2 Counterespionage work shall fall under the centralized and unified leadership of the Central Committee of the Communist Party of China, follow the holistic approach to national security, and be carried out by combining open work with confidential work and specialized work with the mass line and addressing both the symptoms and the root causes of the relevant risks and through active defense and legal punishment, so as to build a firm line of people's defense for national security.

Article 3 Counterespionage work shall be carried out in accordance with the law, respecting and protecting human rights, and safeguarding the lawful rights and interests of individuals and organizations.

Article 4 For the purposes of this Law, espionage refers to the following:

    (1) any activity endangering national security of the People's Republic of China, conducted by an espionage organization or its agent, or by anyone instigated or funded by such espionage organization or its agent, or by a domestic or overseas institution, organization, or individual in collusion with such espionage organization or its agent;

    (2) joining an espionage organization, or accepting a task assigned by an espionage organization or its agent, or surrendering to an espionage organization or its agent;

    (3) any activity of stealing, spying out, illegally purchasing or providing state secrets, intelligence or any other document, data, material or article related to national security or interests, or any activity instigating, inducing, coercing or bribing a state functionary to turn him against the People's Republic of China, conducted by an overseas institution, organization, or individual other than an espionage organization or its agent, or by any other person instigated or funded by such overseas institution, organization or individual, or by any domestic institution, organization or individual in collusion with such overseas institution, organization or individual;

    (4) any activity of attacking, hacking into, interfering with, controlling or sabotaging the networks of a state organ, secret-related entity or key information infrastructure, conducted by an espionage organization or its agent, or by anyone instigated or funded by such espionage organization or its agent, or by a domestic or overseas institution, organization or individual in collusion with such espionage organization or its agent;

    (5) informing an enemy of a target of attack;

    (6) engaging in other espionage activities.

This Law shall apply where an espionage organization or its agent commits espionage against a third country within the territory of the People's Republic of China or by taking advantage of any citizen, organization, or any other condition of the People's Republic of China, and endangers national security of the People's Republic of China.

Article 5 The state establishes a coordination mechanism for the counterespionage work to unitarily coordinate major matters concerning the counterespionage work, and study and resolve major problems in the counterespionage work.   

Article 6 State security organs are the competent organs in charge of the counterespionage work.

Public security, state secrets protection, and other relevant departments and the relevant military departments shall, based on the division of duties, closely cooperate with one another, strengthen coordination, and effectively conduct the relevant work in accordance with the law.

Article 7 Citizens of the People's Republic of China have the duty to maintain the security, honor and interests of the state, and shall not engage in any act that endangers the security, honor or interests of the state.

All state organs and armed forces, all political parties and people's organizations, and all enterprises, public institutions, and other social organizations have the obligations to guard against and stop espionage and maintain national security. 

State security organs must rely on the support of the people in the counterespionage work, and shall mobilize and organize the people to guard against and stop espionage.

Article 8 Any citizen or organization shall, in accordance with the law, provide support and assistance in the counterespionage work, and keep confidential the state secrets and the secrets concerning the counterespionage work that one has learned.

Article 9 The state shall protect individuals and organizations that render support or assistance in the counterespionage work.

Individuals and organizations that report espionage or have made significant contributions to the counterespionage work shall be commended and rewarded in accordance with the relevant regulations of the state. 

Article 10 Espionage endangering national security of the People's Republic of China, committed by any overseas institution, organization or individual, or committed by any other person instigated or funded by such overseas institution, organization or individual, or committed by a domestic institution, organization, or individual in collusion with such overseas institution, organization or individual, must be investigated in accordance with the law.

Article 11 State security organs and their staff members shall, in their work, act strictly in accordance with the law, and may not overstep or abuse their powers or infringe upon the lawful rights and interests of any individual or organization.

Information of any individual or organization obtained by a state security organ and its staff members in the performance of the counterespionage duty in accordance with the law shall only be used for the counterespionage work, and the state secrets, work secrets, trade secrets, individual privacy, or personal information likewise obtained shall be kept confidential.

Chapter II

Security Precautions 

Article 12 State organs, people's organizations, enterprises, public institutions, and other social organizations shall undertake the responsibility of conducting their own work concerning security precautions against espionage, implement precautionary measures against espionage, educate their staff members on national security, and mobilize and organize their staff members to guard against and stop espionage.

Local people's governments at all levels and competent departments of relevant industries shall, according to the division of duties, carry out the work concerning security precautions against espionage within their respective administrative areas or industries.

State security organs shall coordinate, guide, supervise and inspect the work concerning security precautions against espionage in accordance with the law.

Article 13 People's governments at all levels and relevant departments shall organize and carry out publicity and education on security precautions against espionage, incorporate the knowledge of security precautions against espionage into the contents of education, training and legal publicity, and improve all citizens' awareness of security precautions against espionage and national security literacy.

Entities such as news, radio, TV, cultural, and internet information services shall carry out targeted education against espionage among the public.

State security organs shall, in light of the circumstances of the security precautionary work against espionage, guide the relevant entities in carrying out publicity and education against espionage, so as to enhance the awareness and capability of espionage prevention.

Article 14 No individual or organization shall illegally obtain or hold any document, data, material or article that is classified as state secrets.

Article 15 No individual or organization shall illegally produce, sell, possess or use any specialized espionage equipment or devices that are exclusively used for espionage activities. Specialized espionage equipment or devices shall be identified by the competent department of state security of the State Council in accordance with the relevant regulations of the state.

Article 16 Any citizen or organization shall, on the discovery of espionage, report it to a state security organ in a timely manner; where such a report is made to a public security organ or to any other state organ or organization, the said state organ or organization shall immediately transfer the case to a state security organ for handling.

State security organs shall publicize the telephone numbers, mailboxes and network platforms for receiving such reports, promptly handle the reported information in accordance with the law, and shall keep confidential the information of the informants.

Article 17 The state establishes a management system for key entities vulnerable to espionage.

Key entities vulnerable to espionage shall establish their own working system of security precautions against espionage and fulfil the requirements of security precautions against espionage, and specify the responsibilities and duties of their internal functional departments and staff members in this regard.

Article 18 Key entities vulnerable to espionage shall strengthen the education and management of their staff members with respect to security precautions against espionage, and supervise and inspect the fulfillment of counterespionage obligations by those who have left their posts or offices preconditioned by a confidentiality period thereafter.

Article 19 Key entities vulnerable to espionage shall strengthen routine security precaution management in relation to matters, premises and carriers involving confidential information, and adopt physical precautionary measures against espionage, such as isolation, facility reinforcement, closed-off management, and setting up warnings.

Article 20 Key entities vulnerable to espionage shall, in accordance with the technical requirements and standards for the prevention of espionage, adopt corresponding technical as well as other necessary measures, to strengthen technical protection against espionage in their key sections and locations, network facilities, and information systems.

Article 21 For building, altering or expanding a construction project that is located within the security control area adjacent to an important state organ, a national defense or military entity or any other important entity having access to confidential information, or an important military installation, a permit for the construction project involving national security shall be obtained from the relevant state security organ.

A local people's government at or above the county level, when developing its plan for national economic and social development, spatial planning and any other relevant plan, shall take into full consideration the factor of national security and the security control areas delimited, and seek advice from the relevant state security organ.

The delimitation of security control areas shall be conducted on the basis of coordination between development and security, and shall adhere to the principles of thorough study, reasonableness, and necessity. Such areas shall be delimited by the state security organ in conjunction with the departments of development and reform, natural resources, housing and urban-rural development, and state secrets protection, the department of science, technology and industry for national defense, as well as relevant military departments. The delimitations shall be reported to the relevant people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government for approval and are subject to adjustment when needed.

Specific measures for the implementation of permission for construction projects involving national security shall be formulated by the competent department of state security of the State Council in conjunction with the relevant departments.

Article 22 Where the counterespionage work needs, state security organs may formulate technical standards for preventing espionage in conjunction with the relevant departments, guide the relevant entities in adopting technical measures for preventing espionage, and may, after undergoing strict approval formalities, inspect the entities with potential hazards and test such technical measures thereof.

Chapter III

Investigation and Measures to be Taken

Article 23 State security organs shall, in the counterespionage work, exercise the functions and powers provided for by this Law and other relevant laws.

Article 24 When executing a counterespionage assignment in accordance with the law, the staff members of a state security organ may, upon presenting their work certificates in accordance with applicable regulations, examine the identification certificates of Chinese citizens or overseas individuals, inquire of relevant individuals or organizations about relevant matters, and examine the personal belongings of those who are unidentified or suspected of espionage.

Article 25 When executing a counterespionage assignment in accordance with the law, staff members of a state security organ may, with the approval of the person in charge of the relevant state security organ at or above the level of a city divided into districts and upon presenting their work certificates, examine the electronic equipment, facilities, and relevant programs and tools of the relevant individuals or organizations. Where any situation that endangers national security is discovered during the examination, the state security organ shall order the individual or organization to take measures for rectification immediately. Where the individuals or organizations refuse to make rectification or there are still potential hazards endangering national security after rectification, the state security organ may seal or seize the electronic equipment, facilities, relevant programs and tools in question.

After the situation endangering national security is eliminated, the state security organ shall, in a timely manner, lift the measure of sealing or seizure of electronic equipment, facilities, relevant programs or tools which are carried out in accordance with the provisions of the previous paragraph.

Article 26 When executing a counterespionage assignment in accordance with the law, staff members of a state security organ may, in accordance with the relevant regulations of the state and upon the approval of the person in charge of the relevant state security organ at or above the level of a city divided into districts, consult and acquire the relevant documents, data, materials and articles, and the relevant individuals or organizations shall cooperate. Such consultation and acquirement shall not exceed the scope and limits for the execution of the counterespionage assignment. 

Article 27 Where it is necessary to summon a person who violates this Law for investigation, a summon shall be used with the approval of the person in charge of the case-handling department of the state security organ. Where a person who violates this Law is found on the spot, the staff members of the state security organ may summon him orally upon presenting their work certificates in accordance with the applicable regulations, and such summon shall be noted in the inquiry transcript. The person who is summoned shall be informed of the reasons and basis therefor. Whoever refuses, without justifiable reasons, to obey the summon or evades it may be compelled to obey.

The state security organ shall inquire of the summoned person in a designated premise in the city or county where the summoned person stays or resides.

The state security organ shall inquire of the summoned person in a timely manner. The time for inquiry shall not exceed eight hours and, if the circumstances are complex and the summoned person may be subject to administrative detention or is suspected of committing a crime, the time for inquiry shall not exceed 24 hours. The state security organ shall provide the person summoned for inquiry with necessary food, drink and time to rest. It is strictly prohibited to summon a person consecutively.

The state security organ shall notify in a timely manner the family of the summoned person of the reasons for the summon, except in the case where it is impossible to notify his family or such notification may hinder the investigation. Once the circumstances forestalling the aforesaid notification disappear, the family of the summoned person shall be notified immediately.

Article 28 In investigating espionage, the state security organ may, with the approval of the person in charge of the relevant state security organ at or above the level of a city divided into districts, search the persons and inspect articles and premises that are suspected of being involved in espionage in accordance with the law.

Search of the bodies of females shall be conducted by female staff members.

Article 29 In investigating espionage, the state security organ may, with the approval of the person in charge of the state security organ at or above the level of a city divided into districts, inquire about the relevant property information of the persons suspected of committing espionage.

Article 30 In investigating espionage, the state security organ may, with the approval of the person in charge of the state security organ at or above the level of a city divided into districts, seal, seize or freeze the premises, facilities, property, or articles suspected of being used for espionage. Premises, facilities or property irrelevant to the espionage case under investigation may not be sealed, seized or frozen.

Article 31 Where the staff members of the state security organ take measures in the counterespionage work, such as consultation and acquirement of information or articles, summon, inspection or search, inquiry, sealing, seizure, and freezing, such measures shall be conducted by two or more staff members, upon presenting their work certificates and other relevant legal documents in accordance with the applicable regulations, and the relevant individuals shall affix their signatures and seals to the relevant transcripts and other written materials.

Where staff members of the state security organ conduct important evidence collection by inspection and search, sealing, and seizure, the entire process shall be kept on audio and video recording, and the recording shall be preserved for future reference.

Article 32 When the state security organ investigates and inquires into espionage or collects relevant evidence, the individuals and organizations concerned shall truthfully provide relevant information or evidence, and may not refuse.

Article 33 For a Chinese citizen who may, after exiting China, cause harm to national security or cause significant losses to national interests, the competent department of state security of the State Council may make a decision not to allow him to leave China within a certain period of time, and shall notify the immigration administration agency of the decision.

For any individual who is suspected of committing espionage, the state security organ at or above the provincial level may notify the immigration administration agency not to allow him to leave China.

Article 34 For an overseas individual who, after entering China, may engage in activities endangering the national security of the People's Republic of China, the competent department of state security of the State Council may notify the immigration administration agency not to allow him to enter China.

Article 35 The immigration administration agency shall execute, in accordance with the relevant regulations of the state, the notification of the state security organ not allowing an individual to exit or enter China. Where the circumstances not allowing the individual to leave or enter China disappear, the state security organ shall revoke the decision in a timely manner and notify the immigration administration agency as such.

Article 36 Upon discovery of a risk such as certain network information involving espionage, or the risk of a cyberattack, the state security organ shall, in accordance with the division of duties provided in the Cybersecurity Law of the People's Republic of China, notify the relevant departments in a timely manner. The relevant departments shall handle the matter in accordance with the law, or order the telecommunications business operators or internet service providers to take timely measures to fix loopholes, consolidate protection, stop transmission, eliminate the relevant programs and content, suspend the relevant services, remove the relevant applications or close the relevant websites, and shall keep the relevant records. If the situation is urgent and failure to take immediate measures may cause serious harm to national security, the state security organ shall order the relevant entities to fix loopholes, stop the relevant transmissions, suspend the relevant services, and notify the relevant departments of the situation.

Where the relevant measures are taken and the aforementioned information or risk is eliminated, the state security organ and the relevant departments shall make a decision to resume the relevant transmissions and services in a timely manner.

Article 37 Where the counterespionage work needs, the state security organ may take technical investigative measures and identity protection measures in accordance with the relevant regulations of the state after going through strict approval formalities.

Article 38 Where any violation of the provisions of this Law may involve a crime, if it is necessary to identify whether the relevant matter belongs to state secrets or intelligence and to assess the harms thus caused, the department of state secrets protection at the national level or the department of state secrets protection of the relevant province, autonomous region, or municipality directly under the Central Government shall, in accordance with the procedures, conduct the identification and organize the assessment within a prescribed time limit.

Article 39 Where a state security organ finds in the investigation of espionage that it may involve a crime, the state security organ shall file a case for criminal investigation in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China.