Measures for Rewarding Citizens for Reporting Behaviors Endangering National Security
(Decree No. 2 of the Ministry of State Security of the People's Republic of China promulgated on June 6, 2022 will be implemented from the date of promulgation)
Chapter 1 General Provisions
Article 1 In order to encourage citizens to report acts endangering national security, regulate the reporting and reward work of acts endangering national security, and mobilize the whole society to jointly safeguard national security, in accordance with the National Security Law of the People's Republic of China, the Anti-espionage Law of the People's Republic of China, and the People's Republic of China These Measures are formulated in accordance with laws and regulations such as the Detailed Rules for the Implementation of the Anti-espionage Law of the Republic of China.
Article 2 The State security organs, within the scope of their statutory duties, reward citizens for reporting acts that endanger national security, and these Measures shall apply.
Article 3 To reward citizens who report acts endangering national security, they shall implement the overall national security concept, insist that national security is all for the people and rely on the people, adhere to the combination of special work and the mass line, adhere to objectivity and justice, and comply with laws and regulations.
Article 4 Citizens may report to state security organs in the following ways:
(1) Dial 12339 of the national security organ for reporting acceptance;
(2) Log on to the website of the State Security Agency's Internet Reporting Acceptance Platform www.12339.gov.cn;
(3) sending letters to the state security organs;
(4) Reporting to the state security organ in person;
(5) Reporting to the state security organ through other state organs or the unit where the whistleblower belongs;
(6) Other reporting methods.
Article 5 Citizens may report in real names or anonymously.
Real-name reporting should provide real identity information and valid contact information.
An anonymous whistleblower who has a request for reward shall provide information that can identify the whistleblower.
Advocate and encourage real-name reporting.
Article 6: State security organs and other organizations and individuals with knowledge of the law shall strictly keep the whistleblower confidential, and shall not disclose information related to the whistleblower's identity in any way without the whistleblower's consent.
If the personal safety of the whistleblower himself or his close relatives is in danger due to reporting an act endangering national security, he may request protection from the national security organ.
State security organs shall, in conjunction with relevant departments, take effective protective measures in accordance with the law.
When national security organs deem it necessary, they shall promptly and proactively take protective measures in accordance with their functions and powers.
Article 7 State security organs, in conjunction with publicity authorities, coordinate and guide radio, television, newspapers, Internet and other media to publicize channels, typical cases, advanced deeds, etc. for reporting acts endangering national security, and produce, publish, and broadcast relevant public service advertisements. , publicity and education programs or other publicity materials, enhance citizens' awareness of safeguarding national security, and increase citizens' enthusiasm and initiative to report acts endangering national security.
Chapter II Reward Conditions, Methods and Standards
Article 8 To obtain a whistleblower reward, the following conditions shall be met at the same time:
(1) There is a clear target of reporting, or specific clues or circumstances of acts endangering national security;
(2) The reported matter has not been grasped by the state security organ in advance, or although it has been grasped by the state security organ, the information provided by the whistleblower is more specific and detailed;
(3) The content of the report has been verified by the national security organ, and it has played a role and contributed to the prevention, suppression and punishment of acts endangering national security.
Article 9 Under any of the following circumstances, no reward or repeated reward will be given:
(1) No reward will be given to staff members of state security organs or other personnel with statutory duties who report the report;
(2) If the identity of the whistleblower cannot be verified, or the whistleblower cannot be contacted, no reward will be given;
(3) If the finally determined illegal facts are inconsistent with the reported matters, no reward will be given;
(4) No repeated reward will be given to the same whistleblower for the same reporting matter; no repeated reward will be given for the same content of two or more related reporting matters filed by the same whistleblower;
(5) If new acts endangering national security or illegal subjects are discovered through the investigation of reporting clues, repeated rewards will not be given;
(6) Other reward situations that do not comply with the provisions of laws, regulations and rules.
Article 10 If two or more people report, they shall be rewarded and determined according to the following rules:
(1) If the same matter is reported by two or more whistleblowers respectively, the first whistleblower will be rewarded. The order of reporting shall be subject to the registration time of the national security agency's acceptance of the whistleblower. Other whistleblowers other than the first whistleblower may be awarded as appropriate. award;
(2) If two or more people jointly report the same clue or situation, they will be rewarded as the same report.
Article 11 State security organs shall comprehensively evaluate and determine the reward level based on the results of the verification of illegal clues, the degree of harm of the illegal act, and the effect of the report, and give spiritual or material rewards.
If spiritual rewards are given, reward certificates will be issued; if material rewards are given, bonuses will be issued.
After obtaining the consent of the whistleblower and his unit, the whistleblower's unit may reward the whistleblower.
Article 12 In the case of awarding bonuses, the specific criteria are as follows:
(1) Those who play a certain role and make a certain contribution to preventing, stopping and punishing acts endangering national security shall be rewarded with a reward of less than RMB 10,000;
(2) Those who play an important role and make important contributions to preventing, suppressing and punishing acts endangering national security shall be rewarded with RMB 10,000 to 30,000;
(3) Those who have played a major role and made major contributions to preventing, stopping and punishing acts that seriously endanger national security will be rewarded with RMB 30,000 to 100,000;
(4) Those who play a particularly important role and make a particularly significant contribution to preventing, stopping and punishing acts that seriously endanger national security shall be rewarded with a reward of more than RMB 100,000.
Chapter 3 Reward Procedure
Article 13 For reports that meet the reward conditions stipulated in these Measures, within 30 working days after the report is verified and the act endangering national security is dealt with in accordance with the law, the national security organ at or above the city level with districts shall initiate the reward procedure.
Article 14 State security organs shall, in accordance with Articles 11 and 12 of these Measures, determine the award level and make an award decision.
Article 15 The national security agency shall, within 10 working days from the date of making the reward decision, notify the informant of the reward decision in an appropriate manner.
If the whistleblower gives up the reward, the reward program will 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 another person.
If the reward cannot be received on time due to special circumstances, the reward receiving period can be extended for a maximum of 3 years.
If the whistleblower fails to receive the reward within the time limit without justifiable reasons, it will be deemed to have voluntarily given up.
Article 17 After obtaining the whistleblower's consent, the state security organ may, alone or in conjunction with relevant units, hold an award ceremony under the premise of doing a good job in security and confidentiality.
Article 18 The reward funds for citizens reporting acts endangering national security shall be included in the budgets of national security agencies according to regulations.
Article 19 State security organs shall strengthen the management of the distribution of tip-off bonuses.
The distribution of reporting bonuses shall be subject to supervision in accordance with the law.
Chapter IV Legal Liability
Article 20 If a staff member of a state security organ falls under any of the following circumstances, the responsible leaders and directly responsible personnel shall be dealt with in accordance with regulations, disciplines and laws; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) Forging or instigating or collaborating with others to forge reporting materials and falsely claiming reporting bonuses;
(2) Disclosing the information of the whistleblower or whistleblower;
(3) Obtaining rewards through reporting by others by taking advantage of clues or situations related to acts endangering national security that are known in the course of their job activities;
(4) Failure to seriously verify the reporting situation, resulting in the reward for the whistleblower who does not meet the reward conditions;
(5) Failure to reward whistleblowers who meet the conditions for whistle-blowing rewards without justifiable reasons as required or within the prescribed time limit;
(6) Other circumstances under which responsibility should be pursued in accordance with regulations, disciplines and laws.
Article 21 If a whistleblower falls under any of the following circumstances, it shall be dealt with according to law; if a crime is constituted, 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 obtain bonuses;
(3) Maliciously reporting or creating incidents in the name of reporting, interfering with the work of state security organs;
(4) Disclosing state secrets or work secrets learned in the report, causing adverse consequences or influences.
If the whistleblower falls under any of the circumstances specified in the preceding paragraph, if the reward procedure has been initiated, the reward procedure shall be terminated; if the reward decision has been made, it shall be revoked; if the reward has been implemented, it shall be recovered.
Article 22 If the unit where the whistleblower works has any of the following circumstances, it shall be dealt with according to law:
(1) After the whistleblower reports clues or circumstances of acts endangering national security to his unit, the unit fails to report it to the state security organ in a timely manner, or fails to report or conceal it, resulting in adverse consequences or impacts;
(2) After the whistleblower reports clues or circumstances of acts endangering national security to the state security organ, the unit strikes or retaliates against the whistleblower.
Chapter V Supplementary Provisions
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 on the date of promulgation.