“Introduction” 21 core issues of enterprise application for confidentiality qualification guidance and explanation

2022-05-16 0 By

1, which units need to apply for military secrecy qualification Enterprises and institutions undertaking the task of scientific research and production of secret-related weapons and equipment shall obtain the corresponding level of military secrecy qualification according to law.If the task undertaken only involves the background and purpose of confidentiality, the unit does not need to apply for confidentiality qualification;Enterprises and institutions that undertake secret-grade products not included in the Catalogue of Licensed Specialties (Products) for Scientific Research and Production of Weapons and Equipment and have emergency or short-term production of secret-grade products may not apply for the confidentiality qualification, but shall implement the confidentiality management measures according to the requirements of party A.2, shall apply to the department in which military secrecy qualification in conjunction with the national defense science, technology and industry bureau, the state secrecy bureau of the central military commission equipment development, management of military secrecy qualification work throughout the country, and directly to organize the implementation level of secrecy qualification (1) military secrecy qualification application level, shall be submitted to the in the national defense science, technology and industry safety production and confidential service window to submit the application materials,The review shall be organized and carried out by the State Military Secrecy Accreditation Office under the State Administration of State Secrets Protection.(2) To apply for the second and third level military secrecy qualification, an application shall be submitted to the provincial (regional or municipal) secrecy bureau and the administrative department of national defense science and technology industry where the unit is registered.The service window Settings of each province (autonomous region or city) are different, and they can be consulted by the local telephone number or the provincial military secrecy qualification certification office of the provincial (autonomous region or city) bureau of state Secrets Protection.3. What are the levels or business categories of military secrecy qualifications?According to the classification of secret-related weapons and equipment that can undertake scientific research and production tasks, military secrecy qualification is divided into three levels: level 1, Level 2 and level 3, regardless of specific business categories.4. What are the differences of weapons and equipment research and production tasks that can be undertaken by different levels of military security qualification units? Are there any geographical restrictions?Grade I military secrecy qualified units can undertake research and production tasks of top secret, secret and secret level;Grade II military secrecy qualified units can undertake research and production tasks at the level of secrecy and secrecy;Grade III military secrecy qualified units can undertake secret-level scientific research and production tasks;Units that have obtained the qualification for guarding secrets may undertake the corresponding scientific research and production tasks of guarding secrets throughout the country.5. What are the application conditions for military secrecy qualification?(1) Legal persons lawfully established within the territory of the People’s Republic of China for more than 3 years, without criminal records.(2) Undertake or plan to undertake projects or products of scientific research and production of weapons and equipment that involve State secrets.(3) There is no overseas (including Hong Kong, Macao and Taiwan) holding or direct investment, and the investment proportion of foreign investors through indirect means and their joint actors shall not exceed 20%.(4) the legal representative, principal, actual controllers, dong (supervisor) will staff and senior managers and undertake the task or to undertake classified weapons and equipment research and production personnel, have the nationality of the People’s Republic of China, there is no permanent residence abroad or long-term residence permit, with overseas (including Hong Kong, Macao and Taiwan) personnel without marriage.(5) It shall have fixed scientific research, production and office places, and be capable of undertaking scientific research and production tasks of secret-related weapons and equipment.(6) The confidentiality system shall be perfect, special agencies or personnel shall be responsible for the confidentiality work, and the protection of sites, facilities and equipment shall conform to the state confidentiality provisions and standards.(7) No leak occurred within 1 year.(8) Other conditions stipulated by laws, administrative regulations and the State confidentiality administration Department if a listed company applies for the confidentiality qualification, in addition to the above conditions, it shall also meet the following conditions: (1) It has not received any administrative punishment from the securities regulatory authority in the past three years; (2) It has perfect internal control and information disclosure system.(3) The actual controller undertakes to keep the control status unchanged during the application period and the validity period of the confidentiality qualification.6, what materials should be submitted to apply for military secrecy qualification?(1) Application for the confidentiality qualification of the scientific research and production unit of weapons and equipment;(2) The original of the industrial and commercial business license or the legal person certificate of the institution (copy);(3) Articles of association filed with the registration authority;(4) Financial audit report of the previous year (the latest annual report of the listed company);(5) Certificate of property right or lease contract of scientific research and production site (copy);(6) The acceptance site of military qualification examination application, the recommendation table for classification of confidential qualification issued by military industrial corporation, project general contractor or relevant departments stipulated by laws and regulations;(7) other materials required by the state secrecy administration department;Among them, the financial audit report can be replaced by capital verification report, annual report or self-commitment to the financial situation of the unit in the application form.The application materials shall not involve state secrets.7, secrecy qualification units applying for how to withdraw its application for content authenticity is responsible for the application form to fill in the content should be consistent with the actual work content, and signed by the legal representative in the application form for the commitment to 8, have achieved level of secrecy qualification units, for the conversion of the enterprise, whether to need to be identified after the conversion of the enterprise should apply for the recognition, by the office of organization in writingReview, and decide whether to organize on-site review according to the actual situation of enterprise transformation.If it is only the name change, and does not involve major changes of organization, personnel, production site, etc., there is no need to organize on-site review separately.9. Can a sole proprietorship enterprise or a one-person limited liability company apply for the confidentiality qualification?According to paragraph 1 of Article 13 of the Measures, the unit applying for confidentiality qualification must be a legal person established within the territory of the People’s Republic of China for at least 3 years.Therefore, a sole proprietorship enterprise cannot apply for the confidentiality qualification, while a one-person limited company may apply for the confidentiality qualification if it meets other application conditions.A sole proprietorship enterprise is an enterprise that is operated and owned and controlled by an individual, who is responsible for all the risks and benefits of the operation.A sole proprietorship enterprise is not an independent legal subject and does not have the qualifications to bear civil liability and enjoy civil rights.One-man limited liability company, also referred to as “one-man company”, “sole proprietorship company” or “sole stock company”, refers to a limited liability company in which one shareholder (natural person or legal person) holds all the contributions of the company. It is a legal civil subject and has the legal person status.10, non-public enterprises can apply for level of secrecy qualification revised “method” has been cancelled for the non-public enterprises may not apply for the limitation of level of secrecy qualification, non-public enterprises should accord with the conditions for “method” regulation, undertake be assumed or project or task level top secret weapons and equipment research and manufacturing, can apply for the level of confidentiality.This is an important measure to implement the strategy of military-civilian integration and attract competitive non-public enterprises into the field of military research and production.11. If the applicant has overseas investment, how to judge whether it is direct investment or indirect investment?Direct investment refers to the investment mode in which investors participate in the production and operation activities of enterprises and have actual management rights, control rights and voting rights.Indirect investment refers to the investment method of capital appreciation through the purchase of financial instruments such as company stocks, company bonds and derivative securities, relying on dividends, interest and bid-ask spreads.12, apply for military secrecy qualification, which unit can open the military secrecy qualification level advice form to apply for the unit to undertake tasks to be assumed or classified weapons and equipment research and manufacturing, belong to the military system of equipment procurement plan, organization of equipment procurement contracts (including supporting the contract), can be released to the society by the military equipment unit qualification to apply for acceptanceThe Chinese Academy of Sciences, the secrecy work institutions of the headquarters of relevant military industrial corporation (including China Academy of Engineering Physics) and the secrecy work institutions of the general contractor of the project shall issue the Recommendation Form for the Military Industry Secrecy Qualification Level.For the tasks of scientific research and production of secret-related weapons and equipment managed by the State administrative department of Science, technology and Industry for National Defense and other relevant departments under The State Council (such as the Ministry of Industry and Information Technology), the competent department of the project may issue the Suggested Form of Military Industry Secrecy Qualification Classification.13. Which units shall stamp the Recommendation Table of Military Secrecy Qualification Certification Grade to be regarded as effective?The grade suggestion form issued by the army shall be stamped with the official seal of the acceptance point of military qualification examination, the grade suggestion form issued by the military industrial Group company shall be stamped with the official seal of the secrecy work institution of the military industrial Group Company, and the grade suggestion form issued by the general contractor shall be stamped with the official seal of the secrecy work institution of the general contractor of the project.The long-term implementation of the military test mission, the level of secrecy can be used as the application for military secrecy qualification?Can’t.Shall be issued to the society to the army units of equipment make grinders qualification to apply for to accept the point, the Chinese Academy of Sciences, related to military industry group co., LTD. (including the Chinese Academy of Engineering physics) headquarters secrecy mechanism, project general contracting unit secrecy or laws and regulations issued by the relevant departments of the secrecy qualification level suggested table shall prevail.15. Does “Project general contractor” refer to the unit that produces complete machines and complete vehicles?How to confirm the identity of the general contractor?General contracting units refer to those units that directly sign scientific research and production contracts for secret-related weapons and equipment with all arms and equipment departments of the PLA and are clearly designated as general contractors, which are different from units that produce complete machines and complete vehicles.When the general contractor of a project issues the recommendation on the classification of confidentiality qualification, it shall provide relevant materials about whether the project is classified as the scientific research and production task of secret-related weapons and equipment, and whether the unit is classified as the general contractor of the project, such as the contract signed with the project entrusting unit after de-secrecy processing or the project task book (copy), etc.16. Where can I find information about the acceptance point of military equipment contractor qualification?In 2014, the former General Equipment Department issued the Notice on The Issuance of Acceptance Points for Qualification Examination of Equipment Contractors, releasing information on 45 acceptance points.On September 30, 2017, the PLA’s weapons and equipment procurement information network released the revised information of acceptance points.Specific information can also be found on the PLA weapons and equipment procurement information network.17, the application conditions include “no criminal record”, is it necessary for the applicant to issue a certificate of no criminal record to the public security department?Applicants do not need to go to the public security department to issue a certificate, but they need to make a commitment in the application.Where the examination and approval department has doubts about the content of the undertaking or considers that the applicant has a poor record of good faith and that it involves major national security interests and needs to be verified, it may go to the relevant department for verification.Any unit that submits false materials or makes false promises shall be punished by refusing to pass or revoking its confidentiality qualification in strict accordance with the Measures, and shall submit information to the relevant credit record system;If a crime is involved, the relevant department shall be requested to investigate the responsible person for legal responsibility according to law.18. What is the calculation method for the proportion of investment of foreign investors and their partners?The total proportion of investment of the foreign investors indirectly invested by the applicant unit and their joint action persons shall not exceed 20%. The common penetrating calculation method is adopted here, that is, combining the proportion of foreign capital of the shareholders at all levels of the applicant unit and the shares held by the applicant unit.Proportion, weighted to calculate the proportion of foreign capital in the applicant unit.In principle, shareholders at all levels of the application unit can be traced layer by layer until the investors are natural persons, state-owned enterprises (or organizations) and wholly foreign-owned enterprises.In the actual review, if the proportion of foreign capital in the applicant unit has been determined to exceed or not exceed 20%, there is no need to go back to the final investment subject.19. The Measures stipulates that the applicant must be a legal person established for more than three years. However, some units have less than three years of legal person registration due to restructuring, reorganization or strategic adjustment of superior units, but they do have the need and role to undertake scientific research and production tasks of weapons and equipment.How should such units be treated?The entities applying for the confidentiality qualification must be “legal persons legally established within the territory of the People’s Republic of China for at least three years”, which is required by the Regulations on the Implementation of the Secrecy Law. The purpose is to ensure that enterprises and institutions with mature management, good operation and strong strength engage in secret-related business.Units that have been established for less than 3 years and fall into the following categories may, by presenting relevant certification materials, apply for confidentiality qualification in accordance with the prescribed procedures :(1) major special task units.Units established to undertake special tasks of scientific research and production of major weapons and equipment with the approval of the relevant central or state organs may present the formal approval documents of the relevant central or state organs or the people’s government at the provincial level and apply in accordance with the procedures prescribed in the Measures for Identification.(2) Restructuring and merger of regrouping units.A unit that is restructured, merged or reorganized by one or more units that have been established for more than 3 years, or a new unit that is separated from the business departments or sectors of the original unit, may present relevant materials that can prove the continuity of its personnel and business and submit an application in accordance with the procedures prescribed in the Measures for Identification.Among them, the newly established units after the restructuring shall provide the official approval documents issued by the competent authorities or higher units;A unit that is undergoing merger and reorganization shall provide the merger and reorganization agreement and the articles of association of the unit filed with the administrative department for industry and commerce;The new unit which is separated from the business department or sector of the original unit shall provide labor contracts, social security payment records and other relevant materials to prove that the labor relationship of the personnel of the original department or sector has been transferred to the new unit.(3) High-tech innovative units.Units that possess unique advanced core technologies and whose technologies or products are in urgent need of military equipment construction or are irreplaceable may submit an application by the State Administration of Science, Technology and Industry for National Defence, relevant business departments of the Equipment Development Department of the CENTRAL Military Commission or departments of Services and Arms and Equipment with certificates issued by them in accordance with the procedures prescribed in the Procedures for Accreditation.When other basic conditions are met, applications for the above three types of units can be accepted.Any applicant found to have accepted or obtained the qualification through fraud will be seriously dealt with in accordance with laws and regulations, and will be listed in the national enterprise credit information publicity system to be notified.20. How long will it take to complete the application for confidentiality qualification after submission?After receiving the application materials, the administrative organ shall, within 5 working days, examine the completeness of the application materials and whether they meet the requirements for application.Where the requirements are met, a decision on acceptance shall be made;If the application materials are incomplete or do not conform to the prescribed form, the applicant shall be informed of the materials that need to be corrected;Where the application does not meet the requirements, a decision shall be made not to accept the application.It shall, within 45 working days from the date of accepting the decision, decide whether or not to approve the application for the confidentiality qualification.Among them, the time needed to organize the on-site inspection is not counted.21, provinces, autonomous regions, municipalities directly under the Central Government to accept or reject the notice should be stamped with what kind of official seal?In accordance with the Measures for The Determination of the Confidentiality Qualification of The Scientific Research and Production Unit of Weapons and Equipment, if the accepting institution decides to accept or reject the acceptance or requires the supplement and correction of the materials, it shall issue a written certificate and affix a special seal for acceptance.The special seal for acceptance of links in each province (autonomous region or municipality) refers to the special seal for acceptance of the second and third class secrecy qualification identification of weapon equipment scientific research and production units jointly approved by the state secrecy administration department and the national defense science, technology and industry administration department.