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Article 1. This Regulation is formulated for the purpose of regulating the internal security and safeguard work of enterprises and public institutions (hereinafter referred to "entities"), protecting the personal and property safety of citizens as well as the safety of public properties, and maintaining the order of the entities in such aspects as work, production, business operation, teaching, and technical research. Article 2. The guidelines of focusing on prevention, having the entities to be responsible, and ensuring security shall be followed in the internal security and safeguard work of the entities. The internal security and safeguard work of an entity shall stress the protection of the personal safety of the entity's staff, and the entity shall not ignore the personal safety under the pretext of economic benefits, property safety or any other excuse. Article 3. The public security institution under the State Council shall guide and supervise the internal security and safeguard work of all entities nationwide, and the relevant institution under the State Council that undertake supervision and administration duties over an industry or trade shall guide and inspect the internal security and safeguard work of the entities in this industry or trade. The public security organ of a local people's government at the county level or above shall guide and supervise the internal security and safeguard work of the entities within its jurisdiction, and the relevant department under a local people's government at the county level or above that undertakes supervision and administration duties over an industry or trade shall guide and inspect the internal security and safeguard work of the entities in this industry or trade within its jurisdiction, as well as timely resolve the prominent problems in the internal security and safeguard work of the entities. Article 4. The local people's government at the county level or above shall strengthen its leadership over the internal security and safeguard work of the entities within its jurisdiction, urge the public security organ and other relevant departments to perform their duties in accordance with the law, and timely coordinate in resolving the major problems in the entities' internal security and safeguard work. Article 5. The major principals of an entity shall be responsible for the internal security and safeguard work of this entity. Article 6. An entity shall, in light of the needs in internal security and safeguard work, set up a security and safeguard office or be furnished with full-time and part-time security and safeguard staff. A key security and safeguard entity shall set up a security and safeguard office suitable for its security and safeguard tasks, be furnished with full-time security and safeguard staff, and report the setting up of the security and safeguard office as well as the furnishment of staff to the competent public security organ for archival purposes. Article 7. An entity's internal security and safeguard work shall meet the following requirements: (1) Having internal security and safeguard rules, measures and necessary security and prevention facilities suitable for the entity's specific situation; (2) Having its staff inspect the security and safeguard situation within the entity, focusing on the important parts, and timely eliminating the hidden troubles endangering security; and (3) Timely dealing with the hidden troubles and problems within the entity which endanger security, as well as the security cases and suspected criminal cases, if any. Article 8. The internal security and safeguard rules formulated by an entity shall include the following contents: (1) rules on concierge, keeping watch, and patrol; (2) security management rules on the places of work, production, business operation, teaching and technical research, etc.; (3) security management rules on use, custody, storage, transport of such important articles as cash, negotiable instruments, stamps, securities, etc.; (4) fire control and traffic security management rules within the entity; (5) security education and training rules; (6) rules on reporting security cases and suspected criminal cases within the entity; (7) rules on inspecting, assessing, awarding and punishing security and safeguard affairs; (8) entities depositing explosive, inflammable, radioactive, poisonous, infective, erosive articles or other hazardous articles or infective mushroom spawns, poisonous seedlings or weapons, ammunition, shall have additional corresponding security management rules; and (9) other relevant security and safeguard systems. The internal security and safeguard rules formulated by an entity shall not be in conflict with any of the laws, regulations or rules. Article 9. The internal security and safeguard staff of an entity shall accept relevant trainings and assessments in respect of legal knowledge, security and safeguard knowledge and skills, and other relevant professional knowledge. Article 10. The internal security and safeguard staff of an entity shall lawfully and politely perform their duties, and shall not infringe upon the lawful rights and interests of others. The lawful performance by security and safeguard staff of their duties shall be protected by law. Article 11. An entity's internal security and safeguard office and its security and safeguard staff shall perform the following duties: (1) Carrying out security publicity and education, and earnestly implementing the entity's internal security and safeguard rules and security measures; (2) Inspecting, where necessary, the certificates of those who enter the entity, and registering the articles and vehicles entering and leaving the entity; (3) Conducting security patrol and inspections within the entity, keeping records on patrol, inspection, and rectification of hidden troubles endangering security; (4) Maintaining the security order of the entity, stopping the illegal acts occurring in the entity, calling the police promptly in the event of any illegal act which is hard to stop or any security case or suspected criminal case, and taking measures to protect the scene, cooperating with the public security organ in investigating and dealing with the case; and (5) Urging assurance of the construction and maintenance of the entity's internal security facilities. Article 12. The staff under management of an entity shall obey the entity's internal security and safeguard rules. Article 13. The entities involving national economy and the people's livelihood throughout the country or the areas of their respective localities or involving State security or public security are key entities to be under security and safeguard. The key entities to be under security and safeguard shall be proposed by the public security organ of the local people's government at the county level or at any level above pursuant to the following scopes, and be reported to the people's government at the same level for determination: (1) radio stations, TV stations, news agencies, and other important news entities; (2) airports, ports, large railway or bus stations and other important traffic hubs; (3) entities researching or producing important products of science, technology and industry for national defense; (4) telecommunication, postal and financial entities; (5) large energy and power facilities, water conservancy facilities, and urban water, electricity, gas and heat supply facilities; (6) large goods and materials reserving entities, large commercial and trade centers; (7) educational, scientific research and medical entities, as well as large cultural and physical training places; (8) museums, archives institutions, and key cultural relics protection entities; (9) entities that research, produce, sell, store hazardous articles, or make experiments on or reserve infective mushroom spawns, poisonous seedlings; (10) key construction engineering entities of the State; (11) other entities which need to be listed as key entities to be under security and safeguard. The key entities to be under security and safeguard shall abide by the ordinary provisions in this Regulation on security and safeguard work for the entities, as well as the special provisions on key entities to be under security and safeguard. Article 14. A key entity to be under security and safeguard shall determine the important parts of its security and safeguard, set up necessary technical prevention facilities for the important parts according to relevant national standards, and emphatically protect such parts. Article 15. A key entity to be under security and safeguard shall, under the guidance of the public security organ, formulate plans for dealing with unexpected incidents endangering its internal security, and practice drilling by regular intervals. Article 16. A public security organ shall perform the following duties in respect of the internal security and safeguard work of the entities within its jurisdiction: (1) Guiding entities in formulating and improving internal security and safeguard rules, assuring the implementation of security measures, guiding the construction of the contingent of security and safeguard staff as well as the security and safeguard office construction of key entities to be under security and safeguard; (2) Inspecting and guiding the internal security and safeguard work of entities, timely releasing notices for rectification when finding that any entity has an act in violation of this Regulation or has any hidden trouble endangering security, and ordering such entity to make rectification within a time limit; and (3) Timely sending police upon receipt of an alarm call from an entity about an internal security case or suspected criminal case, and dealing with the matter in accordance with the law. Article 17. The relevant people's governments, the public security organs and other relevant departments shall commend and award the entities and individuals who carefully implement security measures, strictly implement the security and safeguard rules, and have made remarkable achievements in internal security and safeguard work of entities. Article 18. Where any security and safeguard staff member of an entity is injured or dies due to performance of security and safeguard duties, he shall be given corresponding treatments in accordance with relevant provisions of the State on work-related injury insurance, injury and disability assessment, and ratification of martyrs. Article 19. Where an entity violates any provision in this Regulation and has any hidden trouble endangering security, the public security organ shall order the entity to get rectified within a time limit, and impose a warning; if the entity fails to get rectified within the time limit, thus causing any personal injury to a citizen or any public or private property losses, or seriously threatening the personal safety of any citizen, public or private property safety or public security, the entity shall be imposed upon a fine of 10,000 up to 100,000 Yuan, and the principal responsible person of the entity or other directly liable person shall be imposed upon a fine of 500 up to 5000 Yuan. In addition, the relevant organization may be advised to impose sanctions upon the liable principals of the entity and other directly liable persons in accordance with the law; if the case is serious, and a crime is constituted, the criminal shall be subject to criminal liabilities. Article 20. Where any security and safeguard staff member of an entity infringes upon the lawful rights and interests of others when performing its duties, he shall apologize. If he causes any damage to others, the entity shall bear indemnity liabilities. After paying the indemnity, the entity shall have right to order the security and safeguard staff member who commits the infringement due to intent or gross negligence to bear partial or whole indemnity expenses; the entity shall impose sanctions in accordance with the law upon the security and safeguard staff member who commits the infringement with intent or gross negligence. If the security and safeguard staff member is instigated or threatened by the entity's responsible person to infringe upon the lawful rights and interests of others, the said responsible person shall be imposed upon sanctions in accordance with the law, and bear the indemnity liabilities; if the case is serious, and a crime is constituted, the criminal shall be subject to criminal liabilities. Article 21. Where a public security organ fails to perform its duties according to law after receiving an alarm from an entity, thus causing personal or property losses to any citizen or causing losses to any public property, or has any other act of neglecting its duties or abusing its powers, the directly responsible person in-charge or other directly liable persons shall be imposed upon administrative sanctions in accordance with the law; if the case is serious, and a crime is constituted, the criminal shall be subject to criminal liabilities. Where any relevant department of a people's government, which has supervision and administration duties over an industry or trade, has any act of neglecting its duties or abusing its powers in the process of guiding or inspecting the internal security and safeguard work of entities in this industry or trade, it shall be imposed upon penalties by analogical reference to the preceding paragraph. Article 22. Governmental organs and social organizations shall carry out the internal security and safeguard work by considering relevant provisions of this Regulation for reference. The specific provisions on security and safeguard work of higher educational institutions shall be separately formulated by the State Council. Article 23. This Regulation shall come into force on December 1, 2004. |
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