Chapter IV

Safeguards and Supervision

Article 40 Staff members of state security organs shall be protected by the law for their performance of duties in accordance with the law.

Article 41 When a state security organ investigates espionage in accordance with the law, the postal, express delivery and other logistics service providers, telecommunications business operators, and internet service providers shall provide necessary support and assistance.

Article 42 The staff members of a state security organ, when executing an urgent assignment, shall have priority in taking public transport, enjoy priority of passage, and have other conveniences in passage, by presenting their work certificates.

Article 43 The staff members of a state security organ, when executing an assignment in accordance with the law, may enter relevant premises or entities by presenting their work certificates in accordance with applicable regulations; and may, subject to approval and by presenting their work certificates, enter the restricted areas, premises or entities in accordance with the relevant regulations of the state.

Article 44 Where the counterespionage work requires and in accordance with the relevant regulations of the state, a state security organ has priority in using the means of transport and communication, premises and buildings of state organs, people's organizations, social organizations such as enterprises and public institutions, as well as of individuals, or may requisition such means of transport and communication, premises and buildings, in accordance with the law. As is needed, the state security organ may set up necessary working premises as well as facilities and equipment there, but shall return or restore those used and requisitioned to the original state in a timely manner after the assignment is accomplished, with relevant expenses paid in accordance with applicable regulations; and shall make compensation for any loss caused.

Article 45 Where the counterespionage work requires, a state security organ may, in accordance with the relevant regulations of the state, request the inspection organs such as the customs and the immigration administration to facilitate entry or exit for the relevant personnel and to exempt the relevant materials and equipment from inspection. The relevant inspection organs shall provide assistance in accordance with the law.

Article 46 Where the personal safety of a staff member of a state security organ or any of his close relatives is threatened due to his execution of an assignment or his assistance in the execution of a counterespionage assignment, the state security organ shall, in conjunction with the relevant departments, take necessary measures to provide protection or rescue in accordance with the law.

Where the personal safety of an individual or any of his close relatives is in danger due to his support for or assistance in the counterespionage work, the individual may request protection from the state security organ. The state security organ shall, in conjunction with the relevant departments, take protective measures in accordance with the law.

Where an individual or organization suffers from property loss due to his or its support for or assistance in the counterespionage work, the individual or organization shall be compensated in accordance with the relevant regulations of the state.

Article 47 The state shall properly resettle the persons who have made contributions to the counterespionage work and need to be resettled.

The departments of public security, civil affairs, finance, health, education, human resources and social security, veterans affairs, healthcare security, and immigration administration, and other relevant departments, as well as state-owned enterprises and public institutions, shall assist the state security organ in carrying out the resettlement.

Article 48 Persons who are disabled, sacrificed their lives gloriously, or died as a result of conducting the counterespionage work, or supporting or assisting in the work shall be given corresponding preferential treatment in accordance with the relevant regulations of the state.

Article 49 The state encourages scientific and technological innovations in the counterespionage field and gives play to the role of science and technology in the counterespionage work. 

Article 50 State security organs shall strengthen counterespionage team building and professional training to enhance the capabilities for the counterespionage work.

Political, theoretical, and professional training shall be conducted in a planned manner for the staff members of state security organs. The training shall integrate theories with practice, be tailored to needs and focus on practical results, so as to improve the professional capabilities of the staff members.

Article 51 State security organs shall strictly implement the systems of internal supervision and security review, supervise the compliance of their staff members with laws and disciplines, and take necessary measures in accordance with the law to conduct security reviews on a regular basis or at irregular intervals.

Article 52 Any individual or organization shall have the right to file a report or charge against a state security organ or any of its staff members for overstepping or abusing power or for any other unlawful act to the state security organ at a higher level, the supervisory organ, the people's procuratorate or any other relevant department. The abovementioned department that accepts such a report or charge shall conduct investigations to ascertain the facts in a timely manner and handle the matter in accordance with the law, and shall inform the individual or organization of the handling results. 

No individual or organization may suppress or retaliate against an individual or organization that has provided support or assistance in the work of a state security organ or has filed a report or charge in accordance with the law.

Chapter V

Legal Liability

Article 53 Whoever commits espionage, which constitutes a crime, shall be held criminally liable in accordance with the law.

Article 54 Where an individual commits espionage, which does not constitute a crime, the state security organ shall impose on the individual a warning or administrative detention for not more than 15 days with a fine of not more than RMB 50,000 yuan, or shall only impose a fine on the said scale; and the aforementioned fine imposed shall be not less than the amount of the illegal gains but not more than 5 times the amount of the illegal gains if the illegal gains are not less than RMB 50,000 yuan; and the relevant department may also take an administrative action against the individual in accordance with the law.

Whoever, knowing that another person engages in espionage, provides him with information, funds, materials, labor services, technologies, premises, and other support or assistance, or harbors him, which does not constitute a crime, shall be punished in accordance with the provisions of the preceding paragraph.

Where an entity commits any of the acts as mentioned in the preceding two paragraphs, the state security organ shall impose on the entity a warning with a fine of not more than RMB 500,000 yuan, or shall impose the fine only; and the aforementioned fine imposed shall be not less than the amount of the illegal gains but not more than 5 times the amount of the illegal gains if the amount of the illegal gains is not less than RMB 500,000 yuan; and the directly responsible persons in charge and other directly responsible persons shall be punished in accordance with the provisions of the first paragraph.

The state security organ may, based on the circumstances and consequences of a violation of this Law by an entity or individual, advise the competent department to order the stop of the engagement in the relevant businesses or the provision of the relevant services, or to order the suspension of production or business operation, to revoke the relevant certificates or licenses, or to revoke the registration in accordance with the law. The competent department shall inform the state security organ of the handling results in a timely manner.

Article 55 Where anyone who commits espionage voluntarily surrenders himself or carries out meritorious performance, he may be given a lighter or mitigated punishment or be exempted from punishment, and shall be rewarded if he carries out significant meritorious performance.

Anyone who is coerced or induced into joining an espionage organization or hostile organization abroad and engages in activities endangering the national security of the People's Republic of China may be exempted from legal liability where he makes a confession to a mission overseas of the People's Republic of China, or, after entering China, makes a confession to the state security organ either directly or through his employer in a timely manner, and shows repentance.

Article 56 Where a state organ, a people's organization, or a social organization such as an enterprise or a public institution fails to fulfill its security precaution duty against espionage as provided in this Law, the state security organ may order it to make rectification; where it fails to make rectification as required, the state security organ may hold a regulatory talk with the relevant person in charge of the organ or organization, and when necessary, notify the competent department at a higher level of the organ or organization of the talk. Where harmful consequences or adverse effects are caused, the state security organ may issue a warning or circulate a notice of criticism. Where the circumstances are serious, the relevant departments shall take administrative actions against the directly responsible persons in charge and other directly responsible persons in accordance with the law.

Article 57 In the case of building, altering, or expanding a construction project in violation of the provisions of Article 21 of this Law, the state security organ shall order the violator to make rectification and give the violator a warning. Where the violator refuses to make rectification or the circumstances are serious, the state security organ shall order the violator to cease the building, alteration or expansion or cease the use of the completed project, suspend or revoke the relevant permit, or advise the competent department to handle the matter in accordance with the law.

Article 58 In the case of violating the provisions of Article 41 of this Law, the state security organ shall order the violator to make rectification, and shall give the violator a warning or circulate a notice of criticism. Where the violator refuses to make rectification or the circumstances are serious, the competent department shall impose punishment in accordance with the relevant laws and regulations.

Article 59 Whoever, in violation of the provisions of this Law, refuses to cooperate when a state security organ needs to access relevant data shall be punished by the state security organ in accordance with the relevant provisions of the Data Security Law of the People's Republic of China.

Article 60 Whoever, in violation of the provisions of this Law, commits any of the following acts that constitute a crime, shall be held criminally liable in accordance with the law; where the act does not constitute a crime, the state security organ shall give a warning or impose administrative detention of not more than 10 days, and may concurrently impose a fine of not more than RMB 30,000 yuan:

    (1) divulging state secrets related to the counterespionage work; 

    (2) knowing others engaged in criminal acts of espionage, but refusing to provide the relevant information or evidence when a state security organ investigates the relevant information or collects the relevant evidence;

    (3) intentionally obstructing a state security organ in the execution of an assignment in accordance with the law;

    (4) concealing, transferring, selling, destroying or damaging property or articles that are sealed, seized or frozen by a state security organ in accordance with the Law;

    (5) knowingly harboring, transferring, purchasing, selling by proxy, or otherwise covering up or concealing money or other forms of property involved in espionage; and

    (6) retaliating against an individual or organization that supports or assists in the work of a state security organ in accordance with the law.

Article 61 Whoever unlawfully obtains or holds documents, data, materials, or articles classified as state secrets, or unlawfully produces, sells, holds or uses specialized espionage equipment, which does not constitute a crime, shall be given a warning or administrative detention of not more than 10 days.

Article 62 State security organs shall properly keep the property or articles sealed, seized or frozen in accordance with this Law, and shall dispose of such property or articles respectively according to the following circumstances:

    (1) disposing of the property or articles in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China and other relevant laws where the property or articles are involved in a suspected crime;

    (2) confiscating what should be confiscated in accordance with the law, or destroying what should be destroyed in accordance with the law, where the facts of violation of this Law do not constitute a crime; or

    (3) lifting the measure of sealing, seizure or freezing of property or articles and returning the relevant property or articles in a timely manner where there is no fact of violation of this Law, or the property or articles are irrelevant to the case; and making compensation, in accordance with the law, for any loss caused thereby.

Article 63 Where the property or articles involved in a case falls under any of the following circumstances, the property or articles shall be recovered or confiscated in accordance with the law, or measures be taken to eliminate hidden dangers:

    (1) the property and articles, as well as their fruits and proceeds that are illegally obtained, and the personal property and articles that are used for committing espionage;

    (2) the documents, data, materials, and articles illegally obtained or held, which are classified as state secrets; and

    (3) specialized espionage equipment illegally produced, sold, held or used.

Article 64 All the interests obtained by a person, his close relatives, or any other relevant person from an espionage organization or its agent because that person's engagement in espionage shall be recovered or confiscated in accordance with the law by the state security organ.

Article 65 The fines collected or the property or articles confiscated by state security organs in accordance with the law shall all be turned over to the State Treasury. 

Article 66 Where an overseas individual violates this Law, the competent department of state security of the State Council may make a decision ordering him to leave China within a specified time limit, and decide on the duration when the individual is not allowed to reenter China. Those who fail to leave China within the specified period may be deported.

Where an overseas individual violates this Law and the competent department of state security of the State Council decides to deport him, he shall not be allowed to reenter China within 10 years from the date of his deportation. The decision of punishment made by the competent department of state security of the State Council shall be final.

Article 67 Before making a decision imposing an administrative penalty, the state security organ shall inform the party concerned of the intended administrative penalty, and the facts, reasons and basis, as well as the party's rights to make a statement and self-defense, and request a hearing in accordance with the law, and shall enforce the decision in accordance with the relevant provisions of the Administrative Penalty Law of the People's Republic of China.

Article 68 Where a party disagrees with a decision on administrative penalty, compulsory administrative measures or administrative licensing, he may apply for administrative reconsideration in accordance with the law within 60 days from the date when he receives the decision in writing; and where the party still does not agree with the reconsideration decision, he may bring a lawsuit in the people's court in accordance with the law within 15 days from the date of receipt of the reconsideration decision.

Article 69 Where any staff member of a state security organ abuses power, neglects duties, engages in malpractices for personal gains, or illegally detains a person, extorts confession by torture, collects evidence through violence, or, in violation of the relevant provisions, divulges state secrets, work secrets, trade secrets, individual privacy or personal information, he shall be subject to an administrative action in accordance with the law. Where his act constitutes a crime, he shall be held criminally liable in accordance with the law.

Chapter VI

Supplementary Provisions

Article 70 Where state security organs perform their duties of preventing, stopping or punishing acts other than espionage that endanger national security in accordance with laws, administrative regulations and relevant regulations of the state, the relevant provisions of this Law shall apply.

Where public security organs, in the performance of their duties, discover or punish acts that endanger national security, the relevant provisions of this Law shall apply.

Article 71 This Law shall go into effect as of July 1, 2023.