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| Category | PUBLIC SECURITY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1994-02-18 | Effective Date | 1994-02-18 |
|
Regulations of the People's Republic of China for Safety Protection of Computer Information Systems |
|---|
Article 1 These Regulations are formulated in order to enforce the safety
protection of computer information systems, promote the application and
development of computers and safeguard the smooth fulfillment of socialist
modernizations.
Article 2 A computer information system referred to in these Regulations
means a man-machine system composed of compute and its related and
complementary sets of equipment and facilities (including network) which carry
out collection, processing, storage, transmission, retrieval and other
operations of information in accordance with specific application aims and
rules.
Article 3 Enforcing the safety protection of computer information systems
shall safeguard the safety of computer and its related and complementary sets
of equipment and facilities (including network), the safety of operating
environment, the safety of information, and the normal performance of computer
functions so as to maintain the safe operation of computer information systems.
Article 4 The emphasis of the safety protection work for computer
information systems shall be put on maintaining the safety of computer
information systems in the important fields such as state affairs, economic
construction, national defence and most advanced science and technology.
Article 5 These Regulations are applicable to the safety protection of
computer information systems within the territory of the People's Republic of
China.
The measures for the safety protection of microcomputers not yet connected
to the network shall be formulated separately.
Article 6 The Ministry of Public Security is in charge of the nationwide
safety protection work of computer information systems.
The Ministry of State Security, the State Bureau of Secret and other
concerned departments under the State Council shall do well the relevant work
related to the safe protection of computer information systems within terms of
reference stipulated by the State Council.
Article 7 Any organization or individual shall not make use of computer Article 8 The construction and application of computer information Article 9 The safety grading protection shall be implemented for computer Article 10 A computer room shall be in conformity to the state standards The construction activities near to a computer room shall not endanger the Article 11 A computer information system connected to the international Article 12 Anyone who transports, carries or posts media of computer Article 13 An organization using the computer information system shall Article 14 The concerned using organization shall, within 24 hours, Article 15 The prevention, control and research work of computer viruses Article 16 The state shall enforce a license system for sales of the Article 17 Public security organs shall exercise the following functions (1) To supervise, examine and instruct the safety protection work for (2) To investigate and handle crime and illegality cases of endangering (3) To perform other supervisory responsibility for the safety protection Article 18 When discovering hidden dangers influencing the safety of Article 19 In case of emergency the Ministry of Public Security may issue Article 20 Whoever commits one of the following acts violating the (1) violating the safety grading protection systems for the safety of (2) violating the record systems for the computer information systems (3) failing to report cases taking place in computer information systems (4) refusing to improve the safety status within the time limit after (5) Other acts harmful to the safety of computer information systems. Article 21 Cases of computer rooms not in conformity to the state Article 22 Whoever fails to honestly declare to the Customs when Article 23 Whoever intentionally inputs computer viruses and other Article 24 If an act violating the provisions of these Regulations Article 25 Any organization or individual violating the provisions of Article 26 Any interested party disagreeing with concrete administrative Article 27 Any state civil servant implementing these Regulations who Article 28 The following terms used in these Regulations shall have the "Computer viruses" mean a set of computer instructions or programme codes "Special products for the safety of computer information systems" mean Article 29 The safety protection work for computer information systems in Article 30 The Ministry of Public Security may formulate the measures for Article 31 These Regulations shall come into force as of the date of
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information systems to engage in activities harmful to the interests of the
state, collectives and citizens, and shall not endanger the safety of computer
information systems.
Chapter II Safety Protection Systems
systems shall abide by laws, administrative regulations and other relevant
state stipulations.
information systems. The dividing standard for safety grades and specific
measures for safety grading protection shall be formulated by the Ministry of
Public Security in conjunction with other relevant departments.
and relevant state stipulations.
safety of computer information system.
network shall be reported by its using organization to public security organs
of the people's government at the provincial level or above for record.
information into or out of the territory shall be honestly declared to the
Customs.
establish and complete the safety management systems, and shall be responsible
for its own safety protection work of computer information systems.
report cases taking place in the computer information system to public organs
of the people's government at the county level or above.
and other data harmful to the social public security shall come within the
extent of power of the Ministry of Public Security.
special products for safety of computer information systems. The specific
measures shall be formulated by the Ministry of Public Security in conjunction
with the concerned departments.
Chapter III Safety Supervision
and powers of supervision over the safety protection work for computer
information systems:
computer information systems;
the safety of computer information systems;
work of computer information systems.
computer information systems, public security organs shall notify the using
organization in time to take safety protection measures.
a special circular order for the special matters ralating to the safety of
computer information systems.
Chapter IV Legal Responsibility
provisions of these Regulations shall be given a warning or ordered to suspend
operation for rectification by public security organs:
computer information systems to harm the safety of computer information
systems;
connected to the international network;
in time as stipulated;
receiving the notice requiring to improve from public security organs;
standards and other state stipulations concerned, or cases of construction
activities near to computer rooms endangering the safety of computer
information systems, shall be handled by public security organs in conjunction
with concerned departments.
transporting, carrying or posting media of computer information into or out of
the territory, shall be dealt with by the Customs in accordance with the
Customs Law of the People's Republic of China, these Regulations and relevant
provisions of other laws and administrative regulations.
harmful data to endanger the safety of computer information systems, or sells
special products for the safety of computer information systems without
permission, shall be given a warning or fined an amount of not more than 5,000
yuan for an individual offender, or not more than 15,000 yuan for an
organizational offender by public security organs; if there is income
illegally obtained, may be imposed a fine of not less than one times and not
more than three times an amount of income illegally obtained in addition to
confiscation of income illegally obtained.
constitutes an act violating the administration of public security, the
offender shall be punished in accordance with the relevant provisions of the
Regulations of the People's Republic of China on Administrative Penalties for
Public Security; if such an act constitutes a crime, the offender shall be
investigated for ciminal responsibility according to law.
these Regulations and causing losses to the property of the state, collective
and others shall bear civil responsibility in accordance with the law.
acts conducted by public security organs according to these Regulations may
apply for an administrative reconsideration or institute administrative
lawsuit in accordance with the law.
takes advantage of his power to extort or accept bribes, neglects his duty or
conduct other illegal acts shall be investigated for criminal responsibility
according to law if his acts constitute a crime; if his acts do not constitute
a crime, he shall be given administrative sanctions.
Chapter V Supplementary Provisions
following meanings:
compiled or inserted in computer programmes which damage computer functions or
destroy data so as to impair operation of computers, and have the capacity to
reproduce themselves.
special hardware and software products used for the safety protection of
computer information systems.
the armed forces shall be effected according to the relevant rules and
regulations applicable to the armed forces.
implementation according to these Regulations.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/rfspocis719