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Making Sense of China’s New

National Security Law
by D. S. Rajan
Abstract

It may not be wrong to say that China’s adoption of a New National Security Law
on July 1, 2015 and a series of other laws in the making symbolize that the
political milieu in the country, under the Xi Jinping regime, has become
ideology driven. Stifling dissent seems to have become the order of the
day now in China. It is not coincidental that around the Law’s promulgation,
at least 146 lawyers, activists and their relatives have been taken into
custody or questioned by police in 24 Chinese cities and provinces (China
Human Rights Lawyers Concern Group, Hong Kong, July 14, 2015). The level
of rhetoric against Western values and foreign influences over the society
appear to have reached a new high. Making of the Law as an instrument to
provide a legal framework to the party principles on National Security, is
indeed an ideologically significant development.
The “China’s Military Strategy” document (May 26, 2015) has already
listed Taiwan, Tibet and “Eastern Turkestan” independence movements as

sources of internal security challenges; it has brought the US, Japan,
“some offshore neighbors”, “Smoldering land territory disputes”,
“uncertain situation in the Korean peninsula and Northeast Asia” under
the same category externally. The latest Law besides encompassing, but
without naming, these already listed challenges, has now gone further by
including four new fields in that list -sea beds, poles, outer space,
and cyberspace. Such addition would certainly mean an aggressive
China; the Law’s mention of sea beds is suggestive of the PRC’s harder
approach in the coming years towards the South China Sea disputes.
Overall, in strategic terms, China can be expected to be more and more
assertive domestically to preserve territorial sovereignty and adopt a
confrontational stand internationally in its bid to protect the country from
the perceived external challenges. The PRC in the meanwhile may choose a
‘benign’ diplomatic path to solve issues, but that is going to be only
tactical.
( July 20, 2015, Chennai, Sri Lanka Guardian) The Standing Committee
of the 12thNational People’s Congress (NPC) of the People’s Republic of
China (PRC), at its 15thmeeting (Beijing, July 1,2015), formally adopted a
new National Security Law ( hereinafter called the Law) which is broadest
in scope, framing legal provisions to deal with the identified security
threats to the country. 154 delegates voted in favor with none opposing
and one abstaining. The Law comprising 84 Articles is successor to the
PRC’s previous national security law, enacted in 1993, which was followed
in 2014 by a counterespionage law. Strikingly, it provides for maintaining
security in very wide ranging fields – politics, military, economy, food
supply, finance, society, technology, environment and culture. It is a firm
proof that under Xi Jinping’s leadership, there is a clear-cut expansion of
China’s security interests, going well beyond the country’s geographical
borders, and reaching to sea beds, poles, outer space, and cyberspace.
2.The Law has seven chapters under following heads- ‘General
Provisions’( giving overall guidelines), ‘Tasks in Preserving National
Security’( defining National Security), ‘Duties of Preserving National
Security’ ( fixing responsibilities of the NPC and government), ‘National
Security System ( focusing on its key components like intelligence
collection and Crisis Management and Control), ‘National Security
Safeguards’, ‘Duties and Rights of citizens and organizations’, and
‘Supplementary positions’. Full text in English of the Law is given below
in the Appendix.
3. The manner in which Beijing is defending the Law needs attention. Ms

Zheng Shuna, Deputy Director of the Legislative Affairs Commission of

the NPC Standing Committee explained the rationale behind the Law by
saying that “China’s national security situation is increasingly
grim. We are under dual pressures … Externally, the country
must defend its sovereignty, security and development
interests, and internally, it must also maintain political security
and social stability. She countered criticisms that the Law is ‘vague’
by observing that China’s definition of national security interests “is very
clear-cut, and isn’t any broader than those set by other countries, we
welcome all enterprises to operate lawfully and provide lawful services in
China”. Admitting (Beijing, July 1, 2015) that the “connotation and
denotation of national security in the Law is more wide-ranging than in
any other time in history”, she argued that Western countries had been
enacting similar laws since the 1980s and asserted that “during the
process of resource exploration, expedition and utilization in the fields
coming under the Law, the PRC government has the right to guarantee
the safety of its related activities, assets and personnel according to the
Law”.
4.Explaining the application of the Law to safeguarding national security

in space, on sea beds and at the poles, the senior official of the PRC
stated that it is meant to give China “legal support” for its projects in
those realms. On Cyberspace, Ms Zheng observed that cyberspace
sovereignty is the embodiment and extension of national sovereignty,
adding that the Internet is an important aspect of the nation’s
infrastructure and Beijing’s sovereignty over it should be “respected and
maintained”. She opined that the new law provided a legal foundation
for “the management of internet activities on China’s territory and the
resisting of activities that undermine China’s cyberspace security”.
Stating that the goal of maintaining national security also applied to
Hong Kong and Macau, she revealed that the Law would not be enacted
there although the two territories have an obligation under the Basic Law
to make their own legislation. (C.Y.Leung, the Chief Executive of the
Hong Kong Special Administrative Region has said that the new Law will
not apply in the region, but the region bears the responsibility to
maintain national security). What the CCP and State-controlled media
have said on the Law could also be important to note. The Global Times
(July 30,2015) stated that “compared with the traditional domain of
national security such as defense, competition between major powers
and territorial sovereignty, China’s security nowadays covers a wide
spectrum of areas. It is s not unusual that China’s measures to secure
national security display national characteristics”.
5.Salient features of the Law are as under:
Party to play key role in law making: The stipulations respectively in
Articles 4, 7 and 15 that the establishment of national security system

should be under the leadership of the Chinese Communist Party (CCP), that
while preserving national security, the Constitution and law should be
followed and that the State persists in the CCP’s leadership, are firm
indicators to the Party- State- Judiciary equation evolved as per the
‘’Decision’’ adopted at the CCP Plenum (October 2014) which said that
“governance according to law requires that the CCP governs the country
on the basis of the constitution and laws and that the party leadership and
socialist rule of law are identical. Party leadership is the most fundamental
guarantee for comprehensively advancing the rule of law and building
country under socialist rule of law”. With party remaining firmly connected
to judicial process in this way, it can be said that questions on the
independence of courts would persist.
Consolidation of Power by Xi Jinping: Promulgation of the Law implies
that the CCP supremo and the PRC President Xi Jinping, has been able to
further consolidate political power since he took over in late 2012; a parallel
exists only in the case of veteran Chinese leader Deng Xiaoping. Evidences
in this regard include references in the Law (Articles 5 and 44) to the role of
the “Central Leading institution on National Security”, which point to a
pivotal place allotted to the Xi- founded National Security Commission
(NSC), set up at the CCP’s Third Plenum held in November 2013; the NSC in
fact has sidelined the once powerful Political-Legal Affairs Commission of
the party. The NSC’s gaining status is in conformity with the party’s
formula that “national security must be under the absolute leadership of
the CCP’s efficient and unified command” and that NSC would be
responsible for decision-making, deliberation and coordination on national
security work” (CCP Politburo meeting, January 23, 2015).
A second reference concerns what the Party and State controlled media
(People’s Daily, April 23, 2015) have said; they described the Law as a
reflection of “General Secretary Xi Jinping’s spirit”, showing that the new
statute is Xi’s brainchild,
Thirdly, the Law needs to be read together with three other bills expected
to be passed soon – one on regulating foreign non-governmental
organizations operating in China , another on ‘counter-terrorism’ which
reveals plans to make China’s key institutions in the fields like finance,
military and state-owned enterprises to become less dependent on foreign
technology and the third , a new foreign investment law which aims to
monitor the investment of foreigners in restricted industries. All the three
legislative efforts point to more powers to the country’s security apparatus
which is now in Xi’s hands.

Why Xi required a new Security Law? Admittedly the existing ones are
themselves adequate to protect national security, but what Xi intended to
do has been to provide a firmer legal framework for the CCP’s ideological
platform aimed at managing problems in the society, especially arising from
the influence of Western ideas, at a time when the people seem to be losing
their enthusiasm in the party’s ideology. It is remarkable that Xi, in this way,
seems to have succeeded in making ideology a part of the country’s legal
domain. Overall, not to be missed is the definite trend the three above
mentioned laws signify – Xi Jinping’s stand that ideological security is a
prerequisite to the implementation of the country’s reform policies, is
being incorporated into law.
Who decides Military’s National Security actions? The Law’s Article
23 says that the Central Military Commission (CMC) directs military actions
for maintaining national security. It does not say that the State will direct
such actions, which is as expected; China has always stood for the dictum
that the party has absolute control over the Army. The fact that the
membership of the CCP and State Military Commissions is identical makes
sure that it would be the party’s CMC which would call the shots in the
military.
Reforms Vs Stability: The Law makes no mention of reforms. Articles 8
and 34, have only said that preservation of national security shall be
coordinated with economic and social development and that the State
continuously improves the tasks of preserving national security based on
the needs of economic and social development and national development
interests. ‘Reforms’ not figuring in the Law needs to be understood in the
context of What Xi Jinping has said; he has observed (Politburo meeting,
January 23, 2015) that “State security and social stability are preconditions
for reform and development”. In China, there has always been a debate on
which one is a priority requirement- reform or stability. It is obvious that Xi
has settled that debate by firmly giving precedence to national security and
stability over reforms on the premise that the security situation in China is
“grim” (see paragraph 3).
Coordination mechanisms for National Security efforts: Article 45
provides for the State establishing such mechanisms in key fields, for
planning overall coordination of relevant central functional departments.
This appears to be new organizational effort. Full contours are yet to
emerge.
Internet and Information Technology security: On this, the outside
world may find Article 25 of great interest on which the Law reads “the

State establishes a national network and information security safeguard
system, raising the capacity to protect network and information security. It
will make Internet and information technology, infrastructure, information
systems and data in key sectors secure and controllable”. Such remarks
may reflect China’s fears over the domination of the Western technology
over Internet in the PRC and intentions to overcome it through developing
indigenous systems. Also, the law’s purpose seems to be curbing any social
media dissent on the government’s policies.
Hong Kong, Macao and Taiwan: The Law’s listing (Article 11) of Hong
Kong, Macao and Taiwan as national security areas marks first such judicial
step; it asserts that “all Chinese people, including those in the three
territories, have a common obligation to uphold national sovereignty, unity
and territorial integrity.” This strongly signals that for China, Hong Kong has
become a national security issue in the aftermath of the pro-democracy
demonstrations there.
Powers to Declare War/ Emergency: Article 36 is notable. It says that
the PRC President, on the basis of the NPC Standing Committee decision will
announce entry into a state of emergency, a state of war, issue mobilization
orders, and exercise other duties related to national security provided for by
the Constitutional provisions.
Human rights not adequately addressed: The Law is not satisfactory
from the point of view of protection of human rights. Article 15 identifies
several criminal acts – treason, division of the nation, incitement of
rebellion, and subversion of people’s democratic dictatorship regime, the
leaking of state secrets, infiltration, destruction and subversion or
separatism by foreign influences. Article 23 calls for unspecified measures
to “prevent and withstand adverse cultural influence” and “increase overall
cultural strength and competitiveness.” Article 27 talks about lawfully
punishing the exploitation of religion’s name to conduct illegal and criminal
activities that endanger national security. It opposes interference of foreign
influences in domestic religious affairs. Tibetans in exile fear that Article 27
can be used against the Dalai Lama followers in Tibet. Article 77 allows for
law enforcement agencies to impose collective punishments to the whole
family for failure to provide conditions to facilitate national security
initiatives and “keeping state secrets they learned are confidential” and
provides jurisdictional claim to make arbitrary arrests and detention. Article
83 mentions that in national security work, when special measures are
required that restrict the rights and freedoms of citizens, they shall be
conducted in accordance with law. It may be seen that all these clauses

contain no clear cut details on punishment. It may be possible that rules
relating to implementation of the Law are issued subsequently by the
government agencies as customary in China. But, as for now, the position is
that any action or statement can be treated as a criminal act, which may
not be ideal from human rights points of view. .
Negative impact on foreign investment in China. Article 59 of the Law calls
for national security reviews for “foreign investments that infringe upon, or
may infringe upon, national security.” It adds that such reviews cover
investments involving “key materials and technologies,” “internet or
information technology products and services,” “construction projects that
implicate national security,” and “other major projects and events.” This
clause looks meant for providing a legal basis to the PRC government’s
imposition of stronger restrictions on foreign business interests. Foreign
countries including the US, which are negotiating trade and investment
agreements with China may under the circumstances become concerned
with the Law. Michael Clauss, the German ambassador to China has said
that “the mainland’s sweeping national security law and a series of related
laws in the making have created legal uncertainty for foreign companies
and new hurdles for their investment”. The question is why China is hurting
itself when it knows that foreign investment is essential for its
development. The answer seems to lie in its priority now to national
security.
6.It may not be wrong to say that China’s adoption of a New National
Security Law on July 1, 2015, and a series of other laws in the making
symbolize that the political milieu in the country, under the Xi Jinping
regime, has become ideology driven. Stifling dissent seems to have
become a prominent trend now in China. It is not coincidental that
around the Law’s promulgation, at least 146 lawyers, activists and their
relatives have been taken into custody or questioned by police in 24
Chinese cities and provinces (China Human Rights Lawyers Concern
Group, Hong Kong, and July 14, 2015). The rhetoric against Western
values and foreign influences over China appear to have reached a new
high. Making of the Law as an instrument to provide a legal framework
to the party principles on National Security, is indeed an ideologically
significant development.
7.The “China’s Military Strategy” document (May 26, 2015) has already
listed Taiwan, Tibet and “Eastern Turkestan” independence movements
as sources of internal security challenges; it has brought the US, Japan,
“some offshore neighbors”, “Smoldering land territory disputes”,
“uncertain situation in the Korean Peninsula and Northeast Asia” under
the same category externally. The latest Law besides encompassing,

but without naming, these already listed challenges, has now gone
further by including four new fields in that list -sea beds, poles, outer
space, and cyberspace. Such addition would certainly mean an
aggressive China; In particular, the Law’s mention of sea beds is
suggestive of the PRC’s harder approach in the coming years to the
South China Sea disputes.
8.Overall, in strategic terms, China can be expected to be more and
more assertive domestically to preserve territorial sovereignty and
adopt a confrontational stand internationally in its bid to protect the
country from the perceived external challenges. The PRC in the
meanwhile may choose a ‘benign’ diplomatic path to solve issues, but
that is going to be only tactical.
(The writer, D.S.Rajan, is Distinguished Fellow, Chennai Centre for China
Studies, Chennai, India. Email: dsrajan@gmail.com)
Appendix
http://chinalawtranslate.com/2015nsl/?lang=en National Security Law of
the People’s Republic of China 02 (Passed on July 1, 2015 at the 15th
meeting of the Standing Committee of the 12th National People’s Congress)
Chapter I: General Provisions
Chapter II: Tasks in preserving national security
Chapter III: Duties of preserving national security
Chapter IV: National Security System
Section 1: Ordinary Provisions
Section 2: Intelligence Information
Section 3: Risk Prevention, Assessment and Warning
Section 4: Review and Oversight
Section 5: Crisis Management and Control
Chapter V: National Security Safeguards
Chapter VI: Duties and Rights of Citizens and Organizations
Chapter VII: Supplementary Provisions
Chapter I: General Provisions
Article 1: This Law is formulated on the basis of the Constitution so as to
maintain national security, to defend the people’s democratic dictatorship

and the socialist system with Chinese characteristics, to defend the
fundamental interests of the people, to ensure the smooth implementation
of the reform and opening up and establishment of socialist modernization
and to realize the great revival of the Chinese nationality.
Article 2: National security refers to the relative absence of international
or domestic threats to the state’s power to govern, sovereignty, unity and
territorial integrity, the welfare of the people, sustainable economic and
social development, and other major national interests, and the ability to
ensure a continued state of security.
Article 3: National security efforts shall adhere to a comprehensive
understanding of national security, make the security of the People their
goal, political security their basis and economic security their foundation;
make military, cultural and social security their safeguard and advance
international security to protect national security in all areas, build a
national security system and follow a path of national security with Chinese
characteristics.
Article 4: Adhere to the leadership of the Chinese Communist Party in
national security matters and establish a centralized, efficient and
authoritative national security leadership system.
Article 5: A central national security leading institution is responsible for
deciding and coordinating national security efforts, for conducting research
to develop and guide the implementation of strategies and relevant major
policies in national security efforts for coordinating major issues and
important efforts in national security, and for promoting the building of
national security rule of law.
Article 6: The state formulates and continuously improves national
security strategy, comprehensively assesses the international and domestic
national security situation, clarifies guidelines for the national security,
medium and long-term goals and national security policies, tasks and
measures for key areas.
Article 7: Preserving national security shall follow the Constitution and law,
uphold the principles of socialist rule of law, respect and protect human
rights, and protect citizens’ rights and freedom in accordance with law.
Article 8: Preservation of national security shall be coordinated with
economic and social development.
National security efforts shall have an overall plan for internal and external
security, homeland and populace security, traditional and non-traditional

security, and personal and collective security,
Article 9: Preservation of national security shall persist in putting
prevention first and treating both symptoms and root causes, combining
special efforts and the mass line, fully bringing into play special organs’ and
other relevant departments’ functions in maintaining national security,
widely mobilizing citizens and organizations to guard against and punish
conduct endangering national security.
Article 10: The preservation of national security shall persist in mutual
trust, mutual benefit, equality and coordination; actively developing
security exchanges and cooperation with foreign governments and
international organizations, performing international security obligations,
promoting common security and maintaining world peace.
Article 11: Citizens of the People’s Republic of China, all state organs and
armed forces, each political parties and mass organization, enterprises,
public institutions and other social organizations, all have the responsibility
and obligation to preserve national security.
The sovereignty and territorial integrity of China cannot be encroached
upon or divided. Preservation of national sovereignty and territorial integrity
is a shared obligation of all the Chinese people, including compatriots from
Hong Kong, Macao and Taiwan.
Article 12: Individuals and organizations making outstanding contributions
in efforts to maintain the national security are give commendations and
awards.
Article 13: Any individual or organization violating this law and other
relevant laws, by failing to perform national security obligations or
engaging in activities endangering national security, shall be investigated
for legal responsibility according to law.
Article 14: April 15 of each year is national security education day.
Chapter II: Tasks in preserving national security
Article 15: The State persists in the leadership of the Chinese Communist
Party, maintaining the socialist system with Chinese characteristics,
developing socialist democratic politics, completing socialist rule of law,
strengthening mechanisms for restraint and oversight of the operation of
power, and ensuring all rights of the people as the masters of the nation,
and strengthening restraint and oversight mechanisms on the operation of
power.

The State guards against, stops, and lawfully punishes acts of treason,
division of the nation, incitement of rebellion, subversion or instigation of
subversion of the people’s democratic dictatorship regime; guards against,
stops, and lawfully punishes the theft or leaking of state secrets and other
conduct endangering national security; and guards against, stops, and
lawfully punishes acts of infiltration, destruction, subversion or separatism
by foreign influences.
Article 16: The state maintains and develops the most extensive
fundamental interests of the people , defending the people’s security;
creating positive conditions for survival and development and a positive
environment for living and working; ensuring the safety of citizens’ person
and property and other lawful rights and interests.
Article 17: The State increases the construction of border defense, coastal
defense, and air defense, taking all necessary defense and control
measures to defend the security of continental territory, internal water
bodies, territorial waters and airspace, and to maintain national territorial
sovereignty and maritime rights and interests.
Article 18: The State makes the armed forces more revolutionary,
contemporary, regular; establishing and defending national security and
developing the necessary related armed forces; implements an active
military defense strategy directives, taking precautions against and
withstanding invasion, stopping armed subversion and separatism;
develops international military security cooperation, carrying out military
actions in U.N. peacekeeping, international rescue, maritime escort, and
protection of the State’s oversees interests, and preserves State
sovereignty, security, territorial integrity, development interests, and world
peace.
Article 19: The State maintains the basic economic system and order of
the socialist marketplace, completing institutional mechanisms for
prevention and resolution of risks to economic security, safeguarding
security in important industries and fields that influence the populace’s
economic livelihood, key production, major infrastructure and major
construction project as well as other major economic interests.
Article 20: The State completes macro financial management and financial
risk prevention and handling mechanisms, enhancing the construction of
financial infrastructure and fundamental capacity, preventing and resolving
the occurrence of systemic or regionalized financial risks, and preventing
and resisting encroachment of external financial risks.

Article 21: The State rationally exploits and protects resources and energy
sources, effectively managing and controlling the exploitation of strategic
resources and energy sources, strengthening strategic reserves of
resources and energy sources, improving the establishment of strategic
paths of, or transport of, resources and energy sources and security
protection measures, increasing international cooperation on resources and
energy sources, comprehensively raising safeguard capacity for response,
and guaranteeing the sustainable, reliable and effective provision of
resources and energy sources necessary for economic and social
development.
Article 22: The State completes a food security safeguard system,
protecting and improving the overall food production capacity, improving
the system for food reserves, the transport system, and market regulatory
mechanisms; completing early warning systems for food security, ensuring
security food supplies and quality.
Article 23: The State Persists in the orientation of the advanced socialist
culture, carrying forward the excellent traditional culture of the Chinese
people, cultivating and practicing the socialist core values, guarding against
and resisting negative cultural influences, taking hold of dominance in the
ideological, culture and enhancing the overall strength and competitiveness
of the entire culture.
Article 24: The State strengthens the establishment of capacity for
independent innovation, accelerating the development of autonomously
controlled strategic advanced technologies and key technologies in core
fields, strengthen the use of intellectual property rights, protect capacity
building in protection of technological secrets, and ensure security in
technology and engineering.
Article 25: The State establishes a national network and information
security safeguard system, raising the capacity to protect network and
information security; increasing innovative research, development and use
of network and information technologies; to bring about security core
techniques and key infrastructure for networks and information, information
systems in important fields, as well as data; increasing network
management, preventing, stopping and lawfully punishing unlawful and
criminal activity on networks such as network attacks, network intrusion,
cyber theft, and dissemination of unlawful and harmful information;
maintaining cyberspace sovereignty, security and development interests.
Article 26: The State adheres to and improves upon the ethnic

autonomous region system, solidifying and developing unity and mutual
aid, harmonious socialist ethnic relationships. Uphold the equality of all
ethnicities, strengthening interaction, communication, and mingling of
ethnicities, and prevent, stop, prevent and lawfully punish activities dividing
ethnicities, preserving social tranquility and the unity of the motherland in
ethnic regions, realizing ethnic harmony and a common unified struggle
and a common prosperous development of all ethnicities.
Article 27: The State lawfully protects citizens’ freedom of religious belief
and normal religious activities, upholds the principle of religions managing
themselves, preventing, stopping and lawfully punishing the exploitation of
religion’s name to conduct illegal and criminal activities that endanger
national security, and opposes foreign influences interference with
domestic religious affairs, maintaining normal order of religious activities.
The State shuts down cult organizations in accordance with law, preventing,
stopping, lawfully punishing and correcting illegal and criminal cult
activities.
Article 28: The State opposes all forms of terrorism and extremism, and
increases the capacity to prevent and handle of terrorist activities,
developing efforts in areas such as intelligence, investigation, prevention,
handling and capital monitoring in accordance with law, lawfully putting an
end to terrorist organizations and strictly punishing violent terrorist
activities.
Article 29: The State completes effective institutional mechanisms for
prevention and resolution of social conflicts, completes the public safety
system; actively preventing, reducing and resolving social contradictions;
improve the handling of public health, public safety and other types of
outbreaks that influence national security and social stability; promoting
social harmony and maintaining public safety and societal tranquility.
Article 30: The State improves ecological and environmental protection
systems, increasing the force of ecological establishment and
environmental protection, drawing red lines for ecologic protections,
fortifying early warning and prevention mechanisms for ecologic risks,
improving disposition of prominent environmental incidents, ensuring the
air, water, soil and other natural environmental conditions upon which the
people rely are not threatened or destroyed, promoting harmonious
development of man and nature.
Article 31: The State persists in peacefully using nuclear power and
nuclear technology, strengthening international cooperation, preventing the

proliferation of nuclear technology and improving diffusion mechanisms;
strengthening management, oversight and protection of nuclear materials,
nuclear activities, and disposal of nuclear waste; and increasing the
capacity to respond to nuclear incidents; preventing controlling and
eliminating threats by nuclear incidents to citizens’ lives and well-being and
to the ecological environment; continuously increasing capacity to
effectively respond to and prevent nuclear threats and attacks.
Article 32: The State persists in the peaceful exploration and use of outer
space, international seabed areas and Polar Regions, increasing capacity for
safe passage, scientific investigation, development and exploitation;
strengthening international cooperation, and preserving the security of our
nation’s activities and assets in outer space, seabed areas and Polar
Regions, and other interests.
Article 33: The State takes necessary measures in accordance with law to
protect the security and legitimate rights and interests of overseas Chinese
citizens, organizations and institutions; and ensures the nation’s overseas
interests are not threatened or encroached upon.
Article 34: The State continuously improves the tasks of preserving
national security based on the needs of economic and social development
and national development interests.
Chapter III: Duties of preserving national security
Article 35: The National People’s Congress decides issues of war and
peace in accordance with Constitutional provisions, and implements
constitutional provisions’ other duties relating to national security.
The Standing Committee of the National of the National People’s Congress
declares states of war and full or partial mobilizations, in accordance with
constitutional provisions, and decisions for the nation or individual
provinces, autonomous regions, or directly governed municipalities to enter
a state of emergency; and exercises the other powers involving national
security invested by constitutional provisions and the National People’s
Congress.
Article 36: The President of the People’s Republic of China, on the basis of
the National People’s Congress decision and the decision of the Standing
Committee of the National of the National People’s Congress, announces
entry into a state of emergency, announces a state of war, issues
mobilization orders, and exercises other duties related to national security
provided for by the Constitutional provisions.

Article 37: The State Council, on the basis of the Constitution and laws,
drafts administrative regulations and rules related to national security,
providing for relevant administrative measures, release relevant decisions
and orders; implements national security laws, regulations and policies;
follows the law to decide on some regions at the provincial, autonomous
region, or directly governed municipality scale entering a state of
emergency; exercises other powers given by the Constitution, laws,
regulations and the National People’s Congress and it’s Standing
Committee.
Article 38: The central military commission leads the national armed
forces, decides military strategy and armed forces combat objectives,
uniformly directs military actions for maintaining national security, and
drafts military regulations for national security and releases relevant
decisions and orders.
Article 39: All departments of central state organs divide labor in
accordance with their duties, fully implementing national security directives
and policies, and laws and regulations, managing and guiding national
security efforts in that system or field.
Article 40: All levels of local people’s congress and standing committees of
people’s congresses at the county level or above ensure compliance with
and enforcement of national security laws and regulations within that
administrative region.
Local people’s governments at all levels follow laws and regulations to
manage national security efforts in that administrative region.
The Hong Kong Special Administrative Region, and Macao Special
Administrative Region shall fulfill responsibilities for the preservation of
national security.
Article 41: People’s courts follow legal provisions to exercise the power of
adjudication; people’s procuratorates follow legal provisions to exercise
prosecution powers, and punish crimes endangering national security.
Article 42: State security organs and public security organs lawfully collect
intelligence information related to national security, and perform their
duties in accordance with law to investigate, detain, do pretrial work and
conduct arrests as well as other duties provided by law.
Relevant military organs lawfully perform their duties in accordance with
law in the course of national security efforts.
Article 43: State organs and their employees shall implement the principle

of preserving national security.
State organs and their personnel shall strictly handle matters in accordance
with law when working on national security efforts and activities related to
national security, and must exceed or abuse their authority, and must not
infringe the lawful rights and interests of individuals or organizations.
Chapter IV: National Security System
Section 1: Ordinary Provisions
Article 44: The Central leading institution on national security carries out a
national security system and working mechanisms that combine
centralization and decentralization with highly effective coordination.
Article 45: The State establishes coordination mechanisms for national
security efforts in key fields, planning overall coordination of relevant
central functional department’s advancement of relevant work.
Article 46: The State establishes mechanisms for oversight, urging,
inspections and pursuit of responsibility in national security efforts,
ensuring the national security strategy and major deployments are fully
implemented.
Article 47: All departments and all regions shall employ effective
measures to fully implement the national security strategy.
Article 48: On the basis of national security work requirements, the state
establishes mechanisms for cross-departmental consultation, to hold
consultation on major matters in efforts to maintain national security.
Article 49: The State establishes coordination and linkage mechanisms on
national security between the center and localities, between departments,
between military and civilians and between regions.
Article 50: The State establishes mechanisms for national security
decision making consultation, organizing experts and relevant parties to
carry out national security analysis of the national security situation and
advance the scientific decision making in national security.
Section 2: Intelligence Information
Article 51: The State establishes systems for gathering, assessing and
using intelligence information, that is uniform and centralized, adeptly
reactive, accurate and effective and smoothly operational; and establishes
mechanisms for the prompt collection, accurate assessment and effective
use and sharing of intelligence information

Article 52: State security organs, public security organs and relevant
military organs gather intelligence information related to national security,
dividing labor on the basis of their duties and in accordance with law.
State organ departments shall promptly report up information relevant to
national security that they acquire in the course of performing their duties.
Article 53: The conduct of intelligence information efforts shall fully utilize
contemporary scientific and technical techniques, strengthening the
distinction, screening, synthesis and analytic assessment of intelligence
information.
Article 54: Reporting of intelligence information shall be prompt, accurate,
and objective, and there must be no delays reporting, omissions,
concealment or falsehoods in reporting.
Section 3: Risk Prevention, Assessment and Warning
Article 55: The State formulates and improves a national security risk
response plan for each field.
Article 56: The State establishes national security risk assessment
mechanisms periodically carrying out national security risk assessment in
each field.
Relevant departments shall periodically submit national security risk
assessment reports to the central leading institution on national security
Article 57: The state completes national security risk monitoring and early
warning systems, and in accordance with the degree of national security
risk, promptly release related risk warnings.
Article 58: Local people’s governments at the county level or above and
their relevant competent departments shall immediately report to the
people’s government at the level above and it’s competent departments
regarding national security incidents that might soon occur or have already
occurred, and when necessary may report up several levels.
Section 4: Review and Oversight
Article 59: The State establishes national security review and oversight
management systems and mechanisms, conducting national security
review of foreign commercial investment, special items and technologies,
internet information technology products and services, projects involving
national security matters, as well as other major matters and activities, that
impact or might impact national security.

Article 60: Each department of central state organs carries out the duty of
national security reviews, issues national security review opinions, and
supervises enforcement in accordance with law and administrative
regulations.
Article 61: Provinces, autonomous regions, and directly governed
municipalities are responsible for national security review and regulation in
their administrative region in accordance with law.
Section 5: Crisis Management and Control
Article 62: This establishes a national security crisis management and
control system with uniform leadership, coordinated linkages, that is orderly
and highly effective.
Article 63: Where an especially major incident endangering national
security occurs, relevant central departments and regions follow the
uniform deployment of the Central leading institution on national security,
lawfully initiate emergency response plans, and employ control and
management disposition measures.
Article 64: Where an especially major incident endangering national
security occurs requiring entry into a state of emergency, state of war or
general mobilization or partial mobilization, the National People’s Congress
and the Standing Committee of the National People’s Congress or the State
Council follow the scope of authority and procedural decisions in the
Constitution and relevant legal provisions.
Article 65: After the State decides to enter a state of emergency, state of
war or to mobilize national defense, relevant organs performing national
security crisis management and control follow legal provisions or provisions
of the Standing Committee of the National People’s Congress in accordance
with law, and have the right to employ special measures limiting citizens
and organizations rights, increase citizens and organizations obligations.
Article 66: Relevant organs performing national security crisis
management and control duties that lawfully adopt management and
control measures to address national security crises, shall match them to
the nature, extent and scope of the harm that might be caused by the
national security crisis.
Article 67: The State establishes mechanisms for information reporting
and release on national security crises.
After national security crises occur, relevant organs performing national
security crisis management and control duties shall follow provisions to

promptly and accurately report, and make uniform announcements on the
occurrence, development, control and management and aftermath of the
national security crisis.
Article 68: After national security threats and crises have been controlled
or eliminated, control and management measures shall be promptly lifted
and aftermath efforts done well.
Chapter V: National Security Safeguards
Article 69: The State completes a system of national security safeguards,
increasing capacity to preserve national security.
Article 70: The State completes the system of laws on national security,
promoting the establishment of national security rule of law.
Article 71: The State increases investment in all matters of national
security construction to ensure that national security efforts have the
necessary funds and equipment.
Article 72: Units undertaking national security strategic stockpile tasks
shall follow the relevant national provisions and standards to stockpile,
protect and maintain national security reserves, and periodically adjust and
change them to guarantee the effectiveness and security of the stockpile
reserves.
Article 73: Technological innovation is encouraged in the national security
field, bringing into play the role of technology in maintaining national
security.
Article 74: The State employs necessary measures to recruit, cultivate and
manage professional talent and special talent in national security efforts.
As needed by efforts to maintain national security, the State lawfully
protects the identity and lawful rights and interests of personnel at state
organs specially engaged in national security efforts, increasing the extent
of physical protections and placement safeguards.
Article 75: State security organs, public security organs and relevant
military organs carrying out special national security efforts may lawfully
employ necessary means and methods, and relevant departments and
regions shall provide support and cooperation within the scope of their
duties.
Article 76: The state strengthens new publicity and guidance of popular
opinion on national security, developing national security publicity and
educational activities through multiple forms; and including national

security education in the citizens’ education system and public officials’
education training systems, strengthening the awareness of the entire
populace.
Chapter VI: Duties and Rights of Citizens and Organizations
Article 77: Citizens and organizations shall perform the following
obligations to preserve national security:
(1) Obeying the relevant provisions of the Constitution, laws, and
regulations regarding national security.
(2) Promptly reporting leads on activities endangering national security;
(3) Truthfully providing evidence they become aware of related to activities
endangering national security.
(4) Providing conditions to facilitate national security efforts and other
assistance;
(5) Providing public security organs, state security organs or relevant
military organs with necessary support and assistance;
(6) Keeping state secrets they learn of confidential;
(7) Other duties provided by law or administrative regulations.
Individuals and organizations must not act to endanger national security,
and must not provide any kind of support or assistance to individuals or
organizations endangering national security.
Article 78: State organs, mass organizations, enterprises, public
institutions, and other social organizations shall cooperate with relevant
departments in employing relevant security measures as required by
national security efforts. shall educate their units’ personnel on the
maintaining national security , and mobilize and organize them to prevent
conduct endangering national security.
Article 79: Enterprise and public institution organizations shall cooperate
with relevant departments in employing relevant security measures as
required by national security efforts.
Article 80: Citizens and organizations conduct supporting or assisting
national security efforts is protected by law.
Where due to supporting or assisting national security efforts, a person or
his close relatives face a threat to their physical safety, they may request
protection from the public security organs and state security organs. Public

security organs and state security organs shall employ protective measures
together with relevant departments.
Article 81: Where citizens and organizations suffer asset losses caused
because they supported or assisted national security work follow the
relevant national provisions to obtain compensation; where physical injury
or death was caused, follow relevant national provisions to give
bereavement benefits.
Article 82: Citizen’s and organizations have the right to raise criticisms
and recommendations to state organs regarding national security efforts,
and have the right to file complaint appeals, accusations or reports
regarding unlawful activity of state organs and their personnel.
Article 83: In national security work, when special measures are required
that restrict the rights and freedoms of citizens, they shall be conducted in
accordance with law, and limited by the actual needs to of safeguarding
national security.
Chapter VII: Supplementary Provisions
Article 84: This law takes effect on the date of promulgation.