The Ministry of National Security promulgated the departmental regulations ＂Measures for Rewarding Citizens for Reporting Acts endangering National Security＂

On June 6th, the Ministry of National Security promulgated the departmental regulations "Measures for Rewarding Citizens for Reporting Acts endangering National Security" (hereinafter referred to as the "Measures"), which will come into force as of the date of promulgation.

The Measures consists of five chapters and 24 articles. According to the National Security Law of People’s Republic of China (PRC), the Anti-Spy Law of the People’s Republic of China and its detailed rules for implementation, it comprehensively regulates the reward work for citizens reporting by state security organs. It is clear that the reward work for reporting should implement the overall concept of national security, adhere to the principle that national security is for the people and depends on the people, adhere to the combination of special work and the mass line, and adhere to objectivity, impartiality and compliance with laws and regulations.

Based on encouraging citizens to report acts endangering national security, the Measures refine and clarify the conditions, methods, standards and procedures for state security organs to implement reporting incentives in accordance with the provisions of superior laws and regulations. Among them, it is stipulated that the whistleblower should meet three conditions at the same time when he receives the reward for reporting: first, there is a clear target for reporting, or a specific clue or situation that endangers national security; Second, the reported matters were not mastered by the state security organs in advance, or although they were mastered by the state security organs, the information provided by the informants was more specific and detailed; Third, the contents of the report were verified by the state security organs, which played a role in preventing, stopping and punishing acts endangering state security and made contributions. The Measures, in combination with the practice of reporting rewards by state security organs, clarify that the implementation methods of rewards include spiritual rewards and material rewards, and demarcate four levels of reward standards according to the extent to which reports play a role and make contributions.

With regard to legal responsibility, the Measures clarify six situations in which the staff of state security organs are held accountable, four situations in which the whistleblower is held accountable, and two situations in which the whistleblower’s unit is held accountable. It is clearly stipulated that whistleblowers shall not deliberately fabricate facts to falsely accuse or frame others in the name of reporting, shall not resort to fraud to defraud bonuses, shall not maliciously report or create troubles in the name of reporting, interfere with the work of state security organs, and shall not disclose state secrets or work secrets known in the report.

The relevant person in charge of the Ministry of National Security said that the formulation of the "Measures" is a concrete manifestation of the state security organs’ implementation of the supreme leader’s rule of law and the overall concept of national security, and their adherence to "national security is all for the people and all depends on the people", which is of great significance for improving the anti-espionage legal system, implementing the legal principle of combining specialized work with the mass line in detail, and bringing together the strong joint efforts of the whole society to safeguard national security. In the next step, state security organs at all levels will conscientiously implement the Measures, use the rule of law thinking and the rule of law to guide and inspire the broad masses of the people to report acts endangering state security, jointly build a solid barrier to safeguard state security, and greet the convening of the party’s 20 th National Congress with practical actions.

Measures for rewarding citizens for reporting acts endangering national security

(Promulgated by Decree No.2 of the Ministry of National Security of People’s Republic of China (PRC) on June 6, 2022   Effective as of the date of promulgation)

The first chapter   Total   rule

the first  In order to encourage citizens to report acts endangering national security, standardize the reward for reporting acts endangering national security, and mobilize all social forces to jointly safeguard national security, these measures are formulated in accordance with the National Security Law of People’s Republic of China (PRC), the Anti-Spy Law of the People’s Republic of China, the Implementation Rules of the Anti-Spy Law of the People’s Republic of China and other laws and regulations.

the second  These Measures shall apply to the state security organs that reward citizens for reporting acts endangering state security within the scope of their statutory duties.

Article  To reward citizens who report acts endangering national security, we should implement the overall concept of national security, adhere to the principle that national security is all for the people and all depends on the people, adhere to the combination of special work and the mass line, and adhere to objectivity, impartiality and compliance with laws and regulations.

Article 4  Citizens can report to the state security organs in the following ways:

(a) call the national security organ 12339 to report and accept the call;

(2) Log in to www.12339.gov.cn, the website of the Internet reporting acceptance platform of the state security organ;

(3) delivering letters to state security organs;

(four) to report to the state security organs in person;

(five) report to the state security organ through other state organs or the unit where the informant belongs;

(6) Other reporting methods.

Article 5  Citizens can report under their real names or anonymously. Real name reporting shall provide true identity information and effective contact information. If an anonymous whistleblower has a reward appeal, he shall provide information that can identify his reporting identity.

Advocate and encourage real-name reporting.

Article 6  State security organs and other organizations and individuals who know according to law shall strictly keep confidential the informer, and shall not disclose the information related to the identity of the informer in any way without the consent of the informer.

If the personal safety of the informant or his close relatives is in danger because of reporting acts endangering national security, he may request protection from the state security organ. State security organs shall, jointly with relevant departments, take effective protective measures according to law. If the state security organ considers it necessary, it shall take protective measures in a timely and active manner according to its functions and powers.

Article 7  The state security organs, jointly with the propaganda departments, coordinate and guide the media such as radio, television, newspapers and the Internet to publicize the channels, typical cases and advanced deeds of reporting acts endangering state security, and produce, publish and broadcast relevant public service advertisements, publicity and education programs or other publicity materials, so as to enhance citizens’ awareness of safeguarding state security and improve citizens’ enthusiasm and initiative in reporting acts endangering state security.

Chapter two   Reward conditions, methods and standards

Article 8  The reward for reporting shall meet the following conditions at the same time:

(a) there is a clear target for reporting, or specific clues or circumstances that endanger national security;

(2) The matters reported have not been mastered by the state security organs in advance, or although they have been mastered by the state security organs, the information provided by the informants is more specific and detailed;

(three) the contents of the report were verified by the state security organs, which played a role in preventing, stopping and punishing acts endangering state security and made contributions.

Article 9  In any of the following circumstances, no reward or repeated reward shall be given:

(a) the staff of the state security organs or other personnel with statutory duties shall not be rewarded;

(two) can not verify the identity of informants, or can not get in touch with informants, no reward;

(3) If the illegal facts finally determined are inconsistent with the reported matters, no reward will be given;

(four) the same report of the same informant shall not be rewarded repeatedly; For two or more reports that have a relationship with the same informant, the same content will not be rewarded repeatedly;

(five) through the investigation of the clues, it is found that new acts endangering national security or illegal subjects will not be rewarded repeatedly;

(six) other awards that do not meet the provisions of laws, regulations and rules.

Article 10  Two or more people report, in accordance with the following rules for reward identification:

(1) If two or more informants report the same matter separately, the first informant shall be rewarded, and the reporting order shall be subject to the registration time when the state security organ accepts the report, and other informants other than the first informant may be rewarded as appropriate;

(two) if two or more persons jointly report the same clue or situation, they shall be rewarded according to the same report.

Article 11  According to the results of the investigation of illegal clues, the degree of harm of illegal acts, and the role of reporting, the state security organs comprehensively evaluate and determine the reward level, and give spiritual or material rewards.

Give spiritual rewards, award certificates; Give material rewards, bonuses.

With the consent of the whistleblower and his unit, the whistleblower can be rewarded by his unit.

Article 12  In the form of bonuses, the specific criteria are as follows:

(a) to prevent, stop and punish acts endangering national security play a certain role, make a certain contribution, give a reward of less than 10 thousand yuan;

(two) to prevent, stop and punish acts endangering national security play an important role and make an important contribution, giving RMB 10 thousand to 30 thousand yuan reward;

(three) to prevent, stop and punish acts that seriously endanger national security, and make significant contributions, and give a reward of RMB 30,000 to RMB 100,000;

(four) to prevent, stop and punish acts that seriously endanger national security, play a particularly important role and make a particularly important contribution, and give a reward of more than 100 thousand yuan.

Chapter three   Reward program

Article 13  For the report that meets the reward conditions stipulated in these Measures, the reward procedure shall be initiated by the state security organ at or above the municipal level with districts within 30 working days after the report is verified and the acts endangering state security are dealt with according to law.

Article 14  The state security organ shall, in accordance with Articles 11 and 12 of these Measures, determine the reward level and make a reward decision.

Article 15  The state security organ shall, within 10 working days from the date of making the award decision, inform the informant of the award decision in an appropriate way.

If the informant gives up the reward, the reward procedure shall be terminated.

Article 16  The whistleblower shall, within 6 months from the date of being informed of the award decision, receive the award by himself or by entrusting others.

Due to special circumstances, it is impossible to receive the reward on schedule, and the time limit for receiving the reward can be extended for no more than 3 years. If the whistleblower fails to receive the reward within the time limit without justifiable reasons, it shall be deemed to have voluntarily given up.

Article 17  With the consent of the informant, the state security organ may, alone or in conjunction with the relevant units, hold an award ceremony on the premise of doing a good job in security and confidentiality.

Article 18  Citizens to report acts endangering national security reward funds in accordance with the provisions of the state security organs into the departmental budget.

Article 19  State security organs shall strengthen the management of the issuance of reporting bonuses. The issuance of reporting bonuses shall be subject to supervision according to law.

Chapter four   Legal liability

Article 20  In any of the following circumstances, the responsible leaders and directly responsible personnel shall be dealt with according to the rules and regulations; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) forging or abetting, colluding with others to forge reporting materials, and taking the initiative to report bonuses;

(2) divulging the information of a report or an informer;

(3) Obtaining rewards by reporting through others by taking advantage of clues or information about acts endangering national security that are known in the course of duty activities;

(four) did not seriously verify the report, which led to the reward of informants who did not meet the reward conditions;

(five) to meet the conditions of reporting incentives, without justifiable reasons, not according to the provisions of the requirements or time limit to reward;

(six) other circumstances in which the responsibility should be investigated according to the rules and regulations.

Article 21  Informants in any of the following circumstances shall be dealt with according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) deliberately fabricating facts to falsely accuse or frame others in the name of reporting;

(2) fraudulently obtaining bonuses;

(3) Malicious reporting or creating troubles in the name of reporting, which interferes with the work of state security organs;

(four) the disclosure of state secrets or work secrets known in the report, resulting in adverse consequences or influence.

If the whistleblower has started the reward procedure under any of the circumstances specified in the preceding paragraph, the reward procedure shall be terminated; If an award decision has been made, it shall be revoked; Rewards that have been implemented shall be recovered.

Article 22  The whistleblower’s unit is under any of the following circumstances, and shall be dealt with according to law:

(1) After the informer reports the clues or information about the acts endangering national security to the unit where he works, the unit fails to report to the state security organ in time or omits or conceals the information, thus causing adverse consequences or influences;

(two) after the informant reported to the state security organ the clues or circumstances of the act endangering state security, the unit cracked down or retaliated against the informant.

Chapter five   Attachment   rule

Article 23  The relevant provisions of these Measures shall apply to the implementation of rewards for reporting by overseas personnel.

Article 24  These Measures shall come into force as of the date of promulgation.