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Cybersecurity Law of the People’s Republic of China

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This translation was revised and edited by Paul Triolo, and is posted here with kind permission.

Table of Contents

Chapter I: General Provisions

Chapter II: Support and Promotion of Cybersecurity

Chapter III: Network Operations Security

Section 1: General Provisions

Section 2: Operations Security for Critical Information Infrastructure

Chapter IV: Network Information Security

Chapter V: Monitoring, Early Warnings, and Emergency Responses

Chapter VI: Legal Responsibility

Chapter VII: Supplementary Provisions

Chapter I: General Provisions

Article 1: This Law is formulated in order to ensure cybersecurity, safeguard cyberspace sovereignty and national security, and social and public interests, to protect the lawful rights and interests of citizens, legal persons, and other organizations, and to promote the healthy development of the informatization of the economy and society. Read the rest of this entry »

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Cybersecurity Law of the People’s Republic of China (Third Reading Draft)

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This is an annotated translation of the Third Reading Draft of the Chinese Cybersecurity Law. Struck through text indicates text removed from the second draft, underlined text indicates text added to the third draft. This translation is based on ChinaLawTranslate’s translation of the first draft, to which I contributed and which is used with kind permission. 

Chapter I: General Provisions

Chapter II: Cybersecurity Strategy, Planning and Promotion

Chapter III: Network Operations Security

Section 1: General Provisions

Section 2: Operations Security for Critical Information Infrastructure

Chapter IV: Network Information Security

Chapter V: Monitoring, Early Warnings, and Emergency Response

Chapter VI Legal Responsibility

Chapter VII: Supplementary Provisions

Read the rest of this entry »

Cybersecurity Law moves towards promulgation

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Today, it was reported that China’s draft cybersecurity law has been presented to the National People’s Congress for a third reading. It is widely expected that this reading will accept the law, which will thus be promulgated soon. The following is a translation of a Xinhua report, which outlines the changes that have been made.

The third deliberation draft of the Cybersecurity Law was submitted to the NPC Standing Committee for deliberation on the 31st. The NPC Legal Committee indicated in its report concerning the draft’s deliberation results, that the third draft made a partial revision on the basis of the second draft, including a further planned definition of the scope of crucial information infrastructure; it also provides corresponding punishment measures against foreign organizations and individuals attacking or destroying our country’s crucial information infrastructure.

Planned further definition of the scope of critical information infrastructure. Read the rest of this entry »

The Situation of the Revision of the Cybersecurity Law (Draft)

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This is the National People’s Congress’ official explanation of the changes made in the Second Reading Draft of the Cybersecurity Law.

I, Some Standing Committee Members suggested that the content of Article 11 of the Draft, concerning the national cybersecurity strategy, be moved to the General Principles, to clarify its important position. Some Standing Committee Members, localities and departments pointed out that, in order to better maintain sovereignty in cyberspace, and to vigorously and actively respond to cyber attacks and destruction at home and abroad, State measures to maintain cybersecurity should be further strengthened, in the corresponding articles, content concerning resisting domestic and foreign cybersecurity threats, protection of the security of critical information infrastructure, punishment of online law-breaking and crime, maintaining order in cyberspace, etc., has been added. The Legal Committee praised the abovementioned opinion, and suggested the following revision be made to the draft: first, the content of Article 11 be moved to the General Principles, and be revised as: the State formulates and incessantly perfects a cybersecurity strategy, which clarifies the basic requirements and main objectives of ensuring cybersecurity, puts forward cybersecurity policies, work tasks and measures for focus areas (Second Reading Draft Article 4); second, a provision is added: the State adopts measures to monitor, defend against, and deal with cybersecurity risks and threats originating from inside and outside of the territory of the People’s Republic of China, to protect critical information infrastructure from attack, intrusion, interference and destruction, to punish unlawful and criminal cyber activities according to the law, and maintain security and order in cyberspace (Second Reading Draft Article 5).   Read the rest of this entry »

People’s Republic of China Cybersecurity Law (Second Reading Draft)

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This is an annotated translation of the Second Reading Draft of the Chinese Cybersecurity Law. Struck through text indicates text removed from the first draft, underlined text indicates text added to the second draft. This translation is based on ChinaLawTranslate’s translation of the first draft, to which I contributed and which is used with kind permission. 

Chapter I: General Provisions

Chapter II: Network Security Strategy, Planning and Promotion

Chapter III: Network Operations Security

Section 1: General Provisions

Section 2: Operations Security for Critical Information Infrastructure

Chapter IV: Network Information Security

Chapter V: Monitoring, Early Warnings, and Emergency Response

Chapter VI Legal Responsibility

Chapter VII: Supplementary Provisions

Chapter 1: General Provisions Read the rest of this entry »

Cybersecurity Law of the People’s Republic of China (Draft)

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This translation was published first on China Law Translate, and is the result of a collaborative effort led by Jeremy Daum. It is republished here with his kind permission. I contributed translations of chapters I and II, amongst others. 

The 15th meeting of the Standing Committee of the 12th National People’s Congress performed initial review of this “People’s Republic of China Cybersecurity Law (Draft)” in June 2014. The ” People’s Republic of China Cybersecurity Law (Draft)” is hereby released to the public on the Chinese National People’s Congress website for collection of public comments. The public can directly log in to the NPC website ((www.npc.gov.cn) )and provide comments; and may also mail comments to the National People’s Congress Legal Work Committee, (Beijing, Xicheng District, Qianmen West Road #1, 100805) [in Chinese: 北京市西城区前门西大街1号,邮编:100805] Please clearly indicate on the envelope that it is a comment on the Cybersecurity Law draft. The consultation period concludes on: August 5, 2015. Read the rest of this entry »

National Security Law of the People’s Republic of China

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(Passed at the 15th Meeting of the 12th National People’s Congress Standing Committee on 1 July 2015)

Chapter I: General principles

Article 1: In order to safeguard national security, defend the people’s democratic dictatorship regime and the system of Socialism with Chinese characteristics, protect the fundamental interests of the people, ensure the smooth progress of reform, opening up and Socialist modernization construction, and realize the great rejuvenation of the Chinese nation, in accordance with the Constitution, this Law is formulated. Read the rest of this entry »

National People’s Congress Standing Committee Decision concerning Strengthening Network Information Protection

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(Passed on 28 December 2012 at the 30th Committee Meeting of the 11th National People’s Congress Standing Committee”

In order to protect network information security, protect the lawful interests of citizens, legal persons and other organizations, safeguard national security and social order, the following decision is hereby made:

I, The State protects electronic information by which the individual identity of citizens can be distinguished as well as involving citizens’ individual privacy. Read the rest of this entry »

Report concerning the Work Situation in Deepening Cultural Structural Reform and Promoting the Grand Development and Grand Flourishing of Socialist Culture

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Given on 24 October 2012 at the 29th Meeting of the 11th Standing Committee of the National People’s Congress

Minister of Culture: Cai Wu

Standing Committee of the National People’s Congress,

I have been entrusted by the State Council to report to the Standing Committee of the National People’s Congress on the work situation in deepening cultural structural reform and promoting the grand development and grand flourishing of Socialist culture. Cultural structural reform and development work involve culture, radio, film and television, press and publications, and various other areas, and for this report, the opinions of the Central Propaganda Department as well as SARFT, the General Administration of Press and Publications, the Information Office and other departments were sought, in order to as much as possible, completely reflect the comprehensive situation of cultural structural reform and development work, please consider it. Read the rest of this entry »

People’s Republic of China 11th National Economic and Social Five-Year Plan Outline (Excerpts)

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Chapter 27: Accelerating science and technology innovation and leapfrogging

 

Section IV, Expanding Intellectual Property Rights Protection Strength Read the rest of this entry »

National People’s Congress Standing Committee Decision Concerning Safeguarding Internet Safety

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Passed in the 19th Meeting of the Ninth Standing Committee of the National People’s Congress, on 28 December 2000

Our country’s internet, under national energetic initiative and vigorous promotion, has gained extensive use in the construction of the economy and various businesses, as well as caused people’s production, jobs, study and lifestyle to start and continue to change rapidly and possesses an important function to the acceleration of our national economy, the development of science and technology and the progress of the informatisation in service of society. At the same time, how to ensure the safe running of the Internet and the safety of information is a question that has attracted widespread societal attention. In order to promote the beneficial, abolish the harmful, promote the healthy development of our country’s internet, protect national security and the common interest in society, protect individuals and legal persons and other group’s legal rights, the following is decided:

Read the rest of this entry »

Decision on the Punishment of the Crime of Copyright Infringement

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People’s Republic of China Presidential Decree

No. 31

Passed on 5 July 1994 during the 8th meeting of the 8th Standing Committee of the National People’s Congress

In order to punish the crime of infringement of copyright and related rights, the following supplementary stipulations are incorporated in the Criminal Law: Read the rest of this entry »

National People’s Congress Standing Committee Decision on the Punishment of Criminal Smuggling, Production, Sale or Dissemination of Obscene Goods

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(Passed at the 17th Meeting of the Standing Committee of the Seventh National People’s Congress on 28 December 1990, Promulgated as People’s Republic of China Presidential Decree No. 39 on 28 December 1990, taking effect on 28 December 1990)

In order to punish criminals who smuggle, produce, sell or disseminate obscene books and periodicals, films, video tapes, audio tapes, pictures or other obscene goods, maintain social security and public order, strengthen the construction of a socialist spiritual civilization and stem the corrosive influence of the bourgeois ideology, the following is decided:

Read the rest of this entry »

Decision concerning Revising Article 45 of the “Constitution of the People’s Republic of China”

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(Passed on 10 September 1980 during the 3rd Meeting of the 5th National People’s Congress)

The 3rd Meeting of the 5th National People’s Congress of the People’s Republic of China decides to agree with the proposal concerning suggesting a revision of Article 45 of the “Constitution of the People’s Republic of China” put forward by the Standing Committee of the 5th National People’s Congress, in order to fully carry forward Socialism, complete the Socialist legal system, safeguard the political picture of stability and unity, and guarantee that Socialist modernization construction is conducted smoothly, it is decided that: Article 45 of the Constitution of the People’s Republic of China, “Citizens have the freedom of speech, communication, publication, assembly, to form associations, to demonstrate, march and strike, and have the right to ‘speak out, air views, have debates and post large-character posters.'” is revised into: “Citizens have the freedom of speech, communication, publication, assembly, to form associations, to demonstrate, march and strike.” The provision of the original Article 45 that they “have the right to ‘speak out, air views, have debates and post large-character posters'” is deleted. Read the rest of this entry »

Decision Concerning Dealing with Illegal Books and Magazines

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(Promulgated by the Standing Committee of the National People’s Congress on 8 November 1955)

 

The Standing Committee of the National People’s Congress discussed in its 21st meeting and 23rd meeting about the Provisional Books and Magazines Examination Regulations (Draft) put forward by State Council Premier Zhou Enlai, and thinks that all books and magazines in one of the following situations, are illegal: Read the rest of this entry »