Intelligence Act People's Republic of China

Chapter I: General Provisions

Article 1: In order to strengthen and guarantee national intelligence work, and safeguard national security and interests, on the basis of the Constitution, this Law is formulated.

Article 2: National intelligence work shall persist in an overall national security view, provide intelligence reference for major national policy decisions, provide intelligence support for preventing and dissolving risks endangering national security, and safeguard the national regime, sovereignty, unity, independence and territorial integrity, the prosperity of the people, economic and social sustainable development and other major national interests.



Article 3: The State establishes and completes a concentrated and united national intelligence structure with a coordinated division of work, which is scientific and highly effective.
Central and State security leadership bodies exercise uniform leadership over national intelligence work, formulate principles and policies for national intelligence work, standardize the overall development of national intelligence work, establish and complete coordination mechanisms for national intelligence work, comprehensively coordinate national intelligence work in all areas, research and decide upon major matters in national intelligence work.
The Central Military Commission uniformly leads and organizes military intelligence work.

Article 4: National principles shall persist in the principles of the integration of open work and classified work, the integration of specialized work and the mass line, and the integration of division of work and responsibilities, and coordination and cooperation.

Article 5: Intelligence organs of national security bodies and public security bodies, as well as military intelligence organs (hereafter jointly named national intelligence work organs) will, according to the division of work and responsibilities, provide mutual assistance, do intelligence work and launch intelligence activities well. All relevant national bodies shall, on the basis of their duties, tasks and the division of work, cooperate closely with national intelligence work organs.

Article 6: All national bodies, military forces, political parties, social groups, enterprise and undertaking organizations, as well as citizens, shall support, cooperate with and collaborate in national intelligence work, and maintain the secrecy of national intelligence work they are aware of.

Article 7: National intelligence work shall be conducted according to the law, respect and guarantee human rights, and safeguard the lawful rights and interests of citizens and organizations.

Article 8: The State supports individuals supporting or assisting in national intelligence work, and rewards those making major contributions.

Chapter II: National intelligence work organs and powers

Article 9: National intelligence work organs launch intelligence work inside and outside of the borders on the basis of work requirements, and by using the necessary methods, means and channels according to the law.

Article 10: National intelligence work organs shall lawfully collect and process relevant information on foreign bodies, organizations and individuals engaged in, or inciting or assisting others to engage in, or domestic bodies, organizations and individuals who collude with foreign bodies, organs or individuals to engage in harm to the national security and interests of the People’s Republic of China

Article 11: Foreign bodies, organizations or individuals engaging in acts harming the national security and interests of the People’s Republic of China within Chinese borders must be punished by law. National intelligence work organs shall provide intelligence reference and evidence for preventing, curbing and punishing the abovementioned acts.

Article 12: National intelligence work organs may establish a collaborative relationship with relevant individuals and organizations, and entrust them with carrying out relevant work.

Article 13: Relevant departments in all levels’ People’s Governments, enterprise and undertaking work units, other organizations and citizens shall provide the necessary assistance to national intelligence work organs lawfully carrying out their work, and maintain secrecy.

Article 14: National intelligence work organs may, on the basis of work requirements and according to relevant State regulations, after undergoing strict approval procedures, adopt technological reconnaissance measures.

Article 15: National intelligence work bodies’ personnel may, when lawfully exercising their duties, according to relevant State regulations, with permission and after showing corresponding credentials, acquaint themselves with relevant bodies, organizations, enterprise or undertaking work units and individuals, inquire into relevant circumstances, consult or obtain relevant files, materials and goods.

Article 16: National intelligence work organs’ personnel may, when lawfully exercising their duties, according to relevant State regulations, with permission and after showing corresponding credentials, enter relevant limited-access localities and premises; they are also permitted to enjoy passage privilege to carry out urgent task requirements, after showing corresponding credentials.
National intelligence organs’ work personnel may, on the basis of work requirements and according to relevant State regulations, use with priority or lawfully commandeer transportation equipment, telecommunications equipment, spaces and buildings of bodies, organizations, enterprise and undertaking work units and individuals, when necessary, they may set up relevant work premises, equipment and facilities, after completion of the task, they shall timely restore or recover the original state, and pay corresponding fees according to regulations; where damage is caused, it shall be compensated.

Article 17: National intelligence work organs may, on the basis of work requirements and according to relevant State regulations, request Customs, border control, inspection and quarantine and other such bodies to provide exemption from inspection and other such conveniences.

Article 18: National intelligence work organs and their work personnel shall, during work, strictly act according to the law, they may not exceed their powers, abuse their powers, or engage in irregular favouritism, they may not violate the lawful rights and interests of citizens and organizations, and may not divulge State secrets, commercial secrets or personal privacy.

Chapter III: National intelligence work guarantees

Article 19: The State strengthens the construction of national intelligence work organs, exercises special management over their organic structuring, staffing, personnel allocation, funding and assets, and provides special guarantees.
The State establishes personnel employment, recruitment, assessment, training, remuneration and retirement management structures suited to intelligence work.

Article 20: National intelligence work organs shall adapt to intelligence work requirements, and raise their ability to carry out intelligence work.

Article 21: When the personal security of national intelligence work organs’ personnel or their close relatives is threatened due to their exercising their task, or the personal security of individuals with whom national intelligence work bodies have established a cooperative relationship or their close relatives is threatened because of their assistance to national intelligence work, relevant State departments shall adopt the necessary measures to provide protection and succour.

Article 22: Public security, civil affairs, finance, health, education, human resources and social security, as well as other relevant departments and State-owned enterprise and undertaking work units shall cooperate with national intelligence work bodies to properly arrange for persons in need of placement due to contributions to national intelligence work.

Article 23: National intelligence work organs shall establish supervision and security inspection structures, conduct supervision of their personnel’s observance of discipline, and lawfully adopt the necessary measures to regularly or irregularly conduct security inspections.

Article 24: Any individual or organization has the right to report and accuse instances of national intelligence work organs and their personnel exceeding their powers, abusing their powers, engaging in irregular favouritism and other unlawful acts to higher-level organs or relevant departments. Relevant organs or departments receiving reports and accusations shall timely investigate the matter, and report the investigation results to the reporter or accuser.
No other person or organization may suppress or retaliate against individuals or organizations lawfully reporting on or accusing national intelligence work organs and their personnel.

Chapter IV: Legal liability

Article 25: Those violating the relevant provisions of this Law and impede national intelligence work organs and their personnel from carrying out intelligence work, will be punished by relevant work units on suggestion of the national intelligence work organ, or be subject to a warning of administrative detention of less than 15 days by the national public security body, or public security bodies; where it constitutes a crime, legal liability will be prosecuted according to the law.

Article 26: Those divulging State secrets involving national intelligence work, will be punished by relevant work units on suggestion of the national intelligence work organ, or be subject to administrative detention of less than 15 days by the national public security body or public security bodies; where it constitutes a crime, legal liability will be prosecuted according to the law.

Article 27: National intelligence work personnel exceeding their powers, abusing their power, engaging in irregular favouritism, or divulging State secrets, commercial secrets or personal privacy will be punished according to the law; where it constitutes a crime, legal liability will be prosecuted according to the law.

Chapter V: Supplementary provisions

Article 28: This Law takes effect on the date of promulgation.