Chương I Luật Bảo vệ bí mật nhà nước 2018: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law regulates state secrets, state secrets protection and responsibilities of relevant regulatory bodies, organizations and individuals.

Article 2. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “state secret” means undisclosed information carrying important contents which is specified by the head of a competent body or organization according to regulations of this Law and the divulgence or loss of which may bring harm to national interest.

State secrets may be contained in documents, objects, locations, speeches, activities or other forms.

2. "state secrets protection” means employment of manpower, equipment and measures to protect and prevent the disclosure of state secrets by regulatory bodies, organizations and individuals.

3. “state secret divulgence” refers to situations where a state secret is discovered by an unauthorized person.

4. "state secret loss” refers to situations where a document or object containing a state secret (hereinafter referred to as “state secret container”) is no longer managed by the assigned regulatory body, organization and/or individual.

Article 3. Principles of state secrets protection

1. State secrets shall be protected under the leadership of the Communist Party of Vietnam and unified state management; contributing to the construction and protection of the Fatherland, socio-economic development and international integration of the country; protecting national interest and legitimate rights and interest of regulatory bodies, organizations and individuals.

2. State secrets protection is the responsibility of all regulatory bodies, organizations and individuals.

3. State secrets shall be managed and used for the appropriate purposes, by authorized entities and according to the procedures regulated by law.

4. Active prevention; timely detection, prevention and strict handling of violations against regulations on state secrets protection.

5. Time limit for state secrets protection shall abide by the regulations of this Law, ensuring citizens’ right to access information as regulated by law.

Article 4. International cooperation in state secrets protection

1. International cooperation in state secrets protection shall be carried out with respect for independence, territorial integrity and sovereignty, non-intervention in internal affairs, equality and mutual benefit.

2. International cooperation in state secrets protection shall focus on:

a) Conclusion and implementation of international conventions and international agreements on state secrets protection;

b) Programs and plans for international cooperation in state secrets protection;

c) Scientific, technological and technical training, research and application of service to state secrets protection;

d) Prevention and control of violations against regulations on state secrets protection;

dd) Other activities of international cooperation in state secrets protection.

Article 5. Prohibited acts

1. Divulgence, appropriation, selling and buying of state secrets; falsification and damage of state secret containers.

2. Illegal collection, exchange, provision and transfer of state secrets; illegal copying, photographing, retention, transport, delivery, receipt, recall and destruction of state secret containers.

3. Illegally taking state secret containers out of their storage.

4. Exploitation or abuse of activities of state secrets protection or use of state secrets to conduct or conceal violations against regulations of laws, to commit violations of legitimate rights and interest or to obstruct operation of regulatory bodies, organizations or individuals.

5. Creation or retention of a document containing state secrets in a computer or another device that has been or is being connected to the Internet, computer network or telecommunications network, excluding cases of state secrets retention regulated by cryptography laws.

6. Uploading state secrets onto communications or telecommunications media against regulations of cryptography laws.

7. Using a computer or another device that has been used to create, retain or exchange a state secret for another purpose before such state secret is removed.

8. Use of a device capable of receiving and/or transmitting signals, recording or filming during a conference, seminar or meeting containing state secrets in any shape or form without permission from a competent person.

9. Upload and distribution of state secrets on mass media, the Internet, computer network or telecommunications network.

Article 6. Funding and facilities for state secrets protection

1. The state budget shall cover the funding and facilities for state secrets protection.

2. Funding and facilities for state secrets protection shall be managed and used in compliance with regulations of laws.