Regulations on the Internal Security of Enterprises and Public Institutions — Full English Translation (2004)

Adopted at the 64th Executive Meeting of the State Council on September 13, 2004; promulgated by Decree No. 421 of the State Council of the People’s Republic of China on September 27, 2004; effective as of December 1, 2004.

Article 1 — These Regulations are formulated for the purpose of regulating the internal security work of enterprises and public institutions (hereinafter referred to as “units”), protecting the personal and property safety of citizens and the safety of public property, and maintaining the work, production, business, teaching and scientific research order of units.

Article 2 — The internal security work of units shall implement the policy of putting prevention first, with the unit taking responsibility, highlighting key points and ensuring safety.

The internal security work of units shall give prominence to protecting the personal safety of personnel within the unit; a unit shall not neglect personal safety on the pretext of economic benefits, property safety or any other excuse.

Article 3 — The public security department of the State Council shall guide and supervise the internal security work of units nationwide, and the relevant departments of the State Council with supervisory duties over industries and systems shall guide and inspect the internal security work of units within their industries and systems; the public security organs of local people’s governments at or above the county level shall guide and supervise the internal security work of units within their respective administrative regions, and the relevant departments of local people’s governments at or above the county level with supervisory duties over industries and systems shall guide and inspect the internal security work of units within their industries and systems in their respective administrative regions, and shall promptly resolve prominent problems in the internal security work of units.

Article 4 — Local people’s governments at or above the county level shall strengthen leadership over the internal security work of units within their respective administrative regions, urge public security organs and relevant departments to perform their duties in accordance with law, and promptly coordinate the resolution of major problems in the internal security work of units.

Article 5 — The principal person in charge of a unit shall be responsible for the internal security work of the unit.

Article 6 — A unit shall, according to the needs of its internal security work, set up a security department or assign full-time or part-time security personnel.

Key security units shall set up security departments commensurate with their security tasks, assign full-time security personnel, and report the establishment of the security department and the assignment of personnel to the competent public security organ for the record.

Article 7 — The requirements for the internal security work of units are:

(1) having internal security systems, measures and necessary security and prevention facilities suited to the specific circumstances of the unit;

(2) the security conditions within the unit are checked by personnel, important locations are given key protection, and security hazards are promptly investigated and eliminated;

(3) security hazards and problems within the unit are promptly handled, and public security cases and cases suspected of criminal offenses occurring within the unit are promptly dealt with.

Article 8 — The internal security system formulated by a unit shall include the following contents:

(1) gate-guard, duty and patrol systems;

(2) safety administration systems for places of work, production, business, teaching and scientific research;

(3) safety administration systems for the use, custody, storage and transport of important articles such as cash, bills, seals and negotiable securities;

(4) fire prevention and traffic safety administration systems within the unit;

(5) security-prevention education and training systems;

(6) reporting systems for public security cases and cases suspected of criminal offenses occurring within the unit;

(7) systems for the inspection, assessment, reward and punishment of security work;

(8) corresponding safety administration systems for units storing explosive, flammable, radioactive, toxic, infectious and corrosive dangerous articles, infectious strains and toxic strains, as well as weapons and ammunition;

(9) other relevant security systems.

The internal security system formulated by a unit shall not conflict with the provisions of laws, regulations and rules.

Article 9 — Internal security personnel of units shall receive training and assessment in relevant legal knowledge and in security work business, skills and relevant professional knowledge.

Article 10 — Internal security personnel of units shall perform their duties in accordance with law and in a civilized manner, and shall not infringe upon the lawful rights and interests of others. The lawful performance of duties by security personnel in accordance with law is protected by law.

Article 11 — The internal security departments and security personnel of units shall perform the following duties:

(1) carrying out security-prevention publicity and education, and implementing the unit’s internal security systems and security-prevention measures;

(2) as needed, checking the certificates of persons entering the unit, and registering articles and vehicles entering or leaving the unit;

(3) conducting security-prevention patrols and inspections within the unit, and establishing patrol, inspection and security-hazard rectification records;

(4) maintaining the public security order within the unit, stopping illegal acts occurring in the unit, promptly calling the police with respect to illegal acts that are difficult to stop and to public security cases and cases suspected of criminal offenses that occur, taking measures to protect the scene, and cooperating with the investigation and handling work of public security organs;

(5) urging the implementation of the construction and maintenance of security-prevention facilities within the unit.

Article 12 — Persons within the scope of the unit’s administration shall abide by the unit’s internal security system.

Article 13 — Units that bear on the national economy and the people’s livelihood, national security and public security nationwide or in their respective regions are key security units. Key security units shall be proposed by the public security organs of local people’s governments at or above the county level according to the following scope and determined upon reporting to the people’s governments at the same level:

(1) important news units such as radio stations, television stations and news agencies;

(2) important transport hubs such as airports, ports and large stations;

(3) research and production units for important products of the national defense science, technology and industry;

(4) telecommunications, postal and financial units;

(5) large energy and power facilities, water conservancy facilities, and urban water, electricity, gas and heating supply facilities;

(6) large materials reserve units and large commercial and trade centers;

(7) education, scientific research and medical units and large cultural and sports venues;

(8) museums, archives and key cultural-relic protection units;

(9) units that develop, produce, sell or store dangerous articles, or that experiment with or preserve infectious strains or toxic strains;

(10) units of key national construction projects;

(11) other units that need to be listed as key security units.

Key security units shall abide by the general provisions of these Regulations on the security work of units and the special provisions on key security units.

Article 14 — Key security units shall determine the important locations for security within their units, set up necessary technical prevention facilities at important locations in accordance with the relevant national standards, and implement key protection.

Article 15 — Key security units shall, under the guidance of public security organs, formulate emergency response plans for public security emergencies within their units, and conduct drills on a regular basis.

Article 16 — Public security organs shall perform the following duties with respect to the internal security work of units within their respective administrative regions:

(1) guiding units in formulating and improving their internal security systems, implementing security-prevention measures, and guiding the building of security personnel teams and of the security departments of key security units;

(2) inspecting and guiding the internal security work of units, and, upon discovering that a unit has committed an act in violation of these Regulations or has a security hazard, promptly issuing a rectification notice and ordering rectification within a prescribed time limit;

(3) promptly dispatching police and handling matters in accordance with law upon receiving a call concerning a public security case or a case suspected of a criminal offense occurring within a unit.

Article 17 — Units and individuals that earnestly implement security-prevention measures, strictly implement the security work system, and achieve outstanding results in the internal security work of units shall be commended and rewarded by the relevant people’s governments, public security organs and relevant departments.

Article 18 — Where security personnel of a unit are injured, disabled or killed in the performance of their security duties, they shall be given corresponding treatment in accordance with the relevant State provisions on work-related injury insurance, the assessment of disability and the approval of martyrs.

Article 19 — Where a unit violates these Regulations and has a security hazard, the public security organ shall order rectification within a prescribed time limit and impose a warning; where the unit fails to rectify the hazard within the time limit, causing personal injury to citizens or loss of public or private property, or seriously threatening the personal safety of citizens, the safety of public or private property or public security, the unit shall be fined not less than 10,000 yuan but not more than 100,000 yuan, and the principal person in charge of the unit and other directly responsible persons shall be fined not less than 500 yuan but not more than 5,000 yuan, and the relevant organizations may be advised to impose sanctions on the principal person in charge of the unit and other directly responsible persons in accordance with law; where the circumstances are serious and constitute a crime, criminal liability shall be pursued in accordance with law.

Article 20 — Where security personnel of a unit infringe upon the lawful rights and interests of others in the performance of their duties, they shall apologize; where damage is caused to others, the unit shall bear liability for compensation. After making compensation, the unit has the right to order the security personnel who caused the infringement through intent or gross negligence to bear part or all of the compensation expenses; the unit shall impose sanctions on security personnel who caused the infringement through intent or gross negligence in accordance with law. Where the infringement by security personnel upon the lawful rights and interests of others was instigated or coerced by the person in charge of the unit, the person in charge of the unit shall be sanctioned in accordance with law and shall bear liability for compensation; where the circumstances are serious and constitute a crime, criminal liability shall be pursued in accordance with law.

Article 21 — Where a public security organ, after receiving a call from a unit, fails to perform its duties in accordance with law, thereby causing loss to the personal or property safety of citizens or to public property, or commits other acts of dereliction of duty or abuse of power, the leading personnel bearing direct responsibility and other directly responsible persons shall be given administrative sanctions in accordance with law; where the circumstances are serious and constitute a crime, criminal liability shall be pursued in accordance with law.

Where the relevant departments of people’s governments with supervisory duties over industries and systems commit acts of dereliction of duty or abuse of power in the course of guiding and inspecting the internal security work of units within their industries and systems, they shall be punished by reference to the preceding paragraph.

Article 22 — The internal security work of State organs and organizations shall be carried out by reference to the relevant provisions of these Regulations.

The specific provisions on the security work of institutions of higher learning shall be formulated separately by the State Council.

Article 23 — These Regulations shall enter into force as of December 1, 2004.

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