Luật Bảo vệ bí mật nhà nước số 29/2018/QH14

THE NATIONAL ASSEMBLY --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
Law No. 29/2018/QH14	Hanoi, November 15, 2018

 

STATE SECRETS PROTECTION LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the State Secrets Protection Law.

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.

Chapter II

SCOPE, CLASSIFICATION AND PROMULGATION OF LISTS OF STATE SECRETS

Article 7. Scope of state secrets

State secrets encompass information in the following areas which is undisclosed and the divulgence or loss of which may bring harm to national interest:

1. Politics:

a) Domestic and foreign guidelines and policies of the Communist Party and the State;

b) Operation of the Central Steering Committee, Politburo, Secretariat and leaders of the Communist Party and the State;

c) Strategies and schemes for ethnic minority and religious affairs and tasks thereof that concern protection of national security and assurance of public order and social safety;

d) Information exerting adverse effects on the society - economy and politics;

2. National defense and security and cryptography:

a) Strategies, plans and activities regarding national protection and defense, national security protection and assurance of public order and social safety; programs, projects and schemes of exceptional importance;

b) Organization and operation of the people’s armed forces and cryptographer forces;

c) Construction works and objectives pertaining to cryptography and national defense and security; weaponry, military equipment and equipment decisive to national defense, national security protection, assurance of public order and social safety; and cryptographic codes;

3. Constitution formulation, legislation and judiciary:

a) Constitution formulation, legislation, supervision of and decision on matters of national importance;

b) Information about charges; investigation, exercise of the power to prosecute and supervise judicial activities, adjudicate criminal cases and execute judgments thereof;

4. Foreign affairs:

a) Strategies, plans and schemes for promotion of relations with other countries, international organizations or other entities of international law; state of foreign affairs, foreign affairs plans and activities of organizations of the Communist Party and the State;

b) Information and agreements exchanged and concluded between Vietnam and other countries, international organizations or other entities of international law;

c) Secret information transferred by other countries, international organizations or other entities of international laws according to international conventions to which Vietnam is a signatory and relevant international agreements;

5. Economy:

a) National reserve and investment strategies and plans for national defense and security; bidding for the purpose of national security;

b) Financial, budget and banking information; plans for collection, replacement and issuance of banknotes; specimen designs, engravings, molds and printing technologies for banknotes and financial instruments; quantity and storage of rare and precious metals, jewels and other precious objects of the State;

c) Information about industry, commerce, agriculture and rural development;

d) Transport plans of political, socio-economic, national defense and security importance;

dd) Information about formulation of national-level planning, regional planning, provincial planning, special administrative - economic unit planning, urban planning, rural planning; information about planning of the national reserve warehouse system, planning of systems of national defense construction works, military zones, ammunition warehouses, and the national defense and security industry;

6. Information about natural resources and the environment, including water, environmental, geological and mineral resources, hydrometeorology, land, seas, islands and survey and mapping;

7. Science and technology:

a) New technologies and patents for national defense and security or of exceptional importance to socio-economic development;

b) Information about atomic energy, radiation and nuclear safety related to national defense and security;

c) Special scientific and technological tasks, national-level scientific and technological tasks related to national defense and security;

8. Education and training:

a) Questions and answers of national examinations and information concerning the organization thereof;

b) Information on personnel of the People’s Army, public security forces and cryptographer forces sent to attend domestic and overseas training;

9. Culture and sport:

a) Information on national precious objects, heritages, vestiges and antiques; methods and know-how for creation, preservation and inheritance of intangible cultural heritages;

b) Methods and know-how for recruitment of coaches and athletes of sports with great achievements; methods and know-how for health recovery of athletes after training and competitions; play in competitions with great achievements;

10. Information and communications:

a) Strategies, plans and schemes for development of journalism, publishing, printing, post, telecommunications and the Internet, radio frequencies, information technology, information technology industry, cyber information security, electronics, broadcasting, electronic information, news, foreign affairs information and national media infrastructure of service to national defense and security;

b) Technical designs, diagrams and data of devices of information systems important to national security, information systems of national importance and private Internet systems of bodies and organizations of the Communist Party and the State;

11. Healthcare and population:

a) Information on healthcare for senior leaders of the Communist Party and the State;

b) Newly discovered microorganism strains and master seeds related to human health and lives; specimens, genetic resources and areas for cultivation of rare and precious herbal ingredients;

c) Manufacture of rare and precious biopharmaceuticals and herbal ingredients;

d) Information, documents and data pertaining to population censuses;

12. Labor and social affairs:

a) Strategies, plans and schemes for people with meritorious services to revolutions, social security and wage policies reform;

b) Labor, children, social evil and gender equality issues;

13. Organizational structure and official affairs:

a) Strategies, plans and schemes for organizational structure and official affairs of organizations of the Communist Party, the State and socio-political organizations;

b) Procedures for preparation and deployment of organizational structure and official affairs;

c) Information on internal political security;

d) Questions and answers of leadership position examinations, management, recruitment and rank promotions examinations for officials and public employees;

14. Inspection, supervision, handling of violations, settlement of complaints and denunciations, and anti-corruption:

a) Strategies, plans and schemes for inspection, supervision, settlement of complaints and denunciations, and anti-corruption;

b) Information about inspection, supervision, handling of violations, settlement of complaints and denunciations, and anti-corruption;

15. State audit:

a) State audit strategies, plans and schemes;

b) Information about audits of public finance and public property.

Article 8. Classification of state secrets

Based on the importance of their contents and scale of damage in case of divulgence or loss, state secrets are classified into the following 03 levels:

1. State secrets classified as “top secret” are those related to politics, national defense and security, cryptography and foreign affairs whose divulgence or loss can cause exceptionally grave damage to national interest;

2. State secrets classified as “secret” are those related to politics, national defense and security, cryptography, constitution formulation, legislation, judiciary, foreign affairs, economy, resources and the environment, science and technology, education and training, culture, sport, information and communications, healthcare, population, labor and social affairs, organizational structure and official affairs, inspection, supervision, handling of violations, settlement of complaints and denunciations, anti-corruption and state audit whose divulgence or loss can cause extremely grave damage to national interest;

3. State secrets classified as “confidential” are those related to politics, national defense and security, cryptography, constitution formulation, legislation, judiciary, foreign affairs, economy, resources and the environment, science and technology, education and training, culture, sports, information and communications, healthcare, population, labor and social affairs, organizational structure and official affairs, inspection, supervision, handling of violations, settlement of complaints and denunciation, anti-corruption and state audit whose divulgence or loss can cause grave damage to national interest.

Article 9. Promulgation of state secrets lists

1. The Prime Minister shall promulgate state secrets lists according to regulations of Article 7 and Article 8 of this Law.

2. The persons who hold responsibilities for compiling state secrets lists include:

a) Ministers and heads of Ministerial-level agencies shall compile lists of state secrets concerning the areas under their management;

b) Chief of Office of the Central Steering Committee shall compile the list of states secrets of the Communist Party;

c) Heads of central bodies of socio-political organizations shall compile lists of state secrets of socio-political organizations;

d) The Secretary General of the National Assembly - Chief of Office of the National Assembly shall compile the list(s) of state secrets of the National Assembly, organizations of the National Assembly, organizations affiliated to the Standing Committee of the National Assembly, Secretary General of the National Assembly, Office of the National Assembly and Delegation of the National Assembly Deputies

dd) Chief of Office of the President shall compile the list of state secrets of the President and Office of the President;

e) The Chief Justice of the Supreme People’s Court, Chief Prosecutor of the Supreme People’s Procuracy and State Auditor General shall compile lists of state secrets of the areas under their management.

3. A person responsible for compiling a list of state secrets defined in Clause 2 herein shall send a dossier to the Ministry of Public Security for appraisal, excluding the cases provided for in Clause 5 herein.

A dossier to be sent to the Ministry of Public Security consists of a proposal to the Prime Minister; draft decision on promulgation of the list of state secrets; a compiled report containing explanations and selected opinions from relevant regulatory bodies and organizations; and copies of opinions.

The appraisal record of the Ministry of Public Security must be sent to the person responsible for compiling such list no later than 30 days from the date of receipt of the complete dossier.

4. After receiving the appraisal record of the Ministry of Public Security, the person responsible for compiling the list of state secrets defined in Clause 3 herein shall submit the list to the Prime Minister for consideration and decision on promulgation.

5. The Minister of National Defense and Minister of Public Security shall submit the lists of state secrets under their management to the Prime Minister for consideration and decision on promulgation.

Chapter III

ACTIVITIES OF STATE SECRETS PROTECTION

Article 10. Determination of state secrets and confidentiality of state secrets

1. State secrets and confidentiality thereof must be determined according to state secrets lists and regulations of this Law.

2. Heads of regulatory bodies and organizations shall determine state secrets, confidentiality thereof, scope of distribution and whether duplication or photographing of containers of such state secrets is permitted. When a state secret of another regulatory body or organization is used, its confidentiality level must be determined as appropriate. If different pieces of information in the container of a state secret included in a state secret list have different confidentiality levels, the highest level shall prevail.

3. Confidentiality of state secrets shall be denoted by confidentiality markings, confidentiality notices or in other forms suitable to state secret containers.

4. The Government shall elaborate this Article.

Article 11. Duplication and photographing of state secret containers

1. The persons with competence in granting permission for duplication and photographing of state secret containers classified as “top secret” include:

a) Heads of central organizations of the Communist Party; heads of affiliates of the Central Steering Committee of the Communist Party;

d) Heads of organizations of the National Assembly and affiliates of the Standing Committee of the National Assembly; the Secretary General of the National Assembly - Chief of Office of the National Assembly;

c) Chief of Office of the President;

e) Chief Justice of the Supreme People’s Court, Chief Prosecutor of the Supreme People’s Procuracy;

dd) State Auditor General;

e) Chief Justices of Superior People’s Courts, Chief Justices of provincial People’s Courts, Chief Prosecutors of Superior People’s Procuracies, and Chief Prosecutors of provincial People’s Procuracies;

g) Heads of central bodies of socio-political organizations;

h) Ministers and heads of Ministerial-level agencies;

i) Heads of Governmental agencies;

k) Secretaries of Party Executive Committees of provinces and cities and Head of Delegation of the National Assembly Deputies, Chairpersons of People's Councils, Chairpersons of People's Committees of provinces and central-affiliated cities;

l) Superiors of the persons specified in Points a, b, c, h and i herein;

m) Heads of Office of the State Audit Office, affiliates of the State Audit Office, specialized State Audit Offices and regional State Audit Offices;

n) Heads of affiliates of the bodies specified in Points a, b, c, d, dd, g and h herein, excluding heads of public service providers;

o) Heads of overseas representative missions of the Socialist Republic of Vietnam.

2. The persons with competence in granting permission for duplication and photographing of state secret containers classified as “secret” include:

a) The persons specified in Article 1 herein;

b) Heads of affiliates of Governmental agencies;

c) Heads of public service providers affiliated to the bodies specified in Points a, b, c, d, dd, g, h and i Clause 1 herein; heads of departments affiliated to general departments and equivalent;

d) Heads of provincial socio-political organizations and regulatory bodies and equivalent;

dd) Heads of affiliates of Superior People’s Courts, provincial People’s Courts, Superior People’s Procuracies and provincial People’s Procuracies, excluding the persons specified in Point b Clause 3 herein; Chief Justices of People’s Courts and Chief Prosecutors of district-level People’s Procuracies;

e) Secretaries of Party Executive Committees of districts and cities, Chairpersons of People's Councils and Chairpersons of People’s Committees of districts;

g) Chairpersons of Members’ Councils, Chairpersons of companies, Directors or General Directors of state-owned enterprises.

3. The persons with competence in granting permission for duplication and photographing of state secret containers classified as “confidential” include:

a) The persons specified in Clause 2 herein;

b) Heads of divisions of general departments and departments affiliated to the bodies specified in Points a, b, c, d, dd, e, g, h, i and k Clause 1 herein;

c) Heads of divisions of provincial regulatory bodies and equivalent; heads of boards of People's Councils, heads of divisions of People’s Committees of districts and equivalent.

4. The Minister of National Defense and Minister of Public Security shall provide for competence in granting permission for duplication and photographing of state secret containers for entities under their management.

5. The persons with competence in granting permission for duplication and photographing of state secret containers defined in Clause 1 and Clause 2 herein may delegate such power to their deputies.

Power in granting permission for duplication and photographing of state secret containers may be delegated on a regular or ad hoc basis. Such delegation must be done in writing with the scope, contents and duration of delegation specified. 

The deputies delegated the power to grant permission for duplication and photographing of state secret containers shall be answerable to their superiors and the law for their decisions and may not delegate such power to another person.     

6. Persons assigned the tasks of duplication and photographing of state secret containers must be officials, public employees, officers, enlistees, non-commissioned officers, workers or public employees of the people’s armed forces, or cryptographers directly related to the state secrets or persons whose tasks are related to the state secrets.

7. The Government shall elaborate duplication and photographing of state secret containers.

Article 12. Listing, retention and protection of state secret containers

1. State secret containers must be chronologically listed according to their levels of confidentiality upon receipt and distribution. 

2. State secrets contained in devices capable of retention, duplication or photographing must be protected with appropriate measures.

3. State secret containers must be stored and protected at secured locations and provided with safety plans.

Article 13. Transport, delivery and receipt of state secret containers

1. State secret containers shall be domestically transported, delivered and received by persons whose tasks are related to state secrets and couriers of regulatory bodies and organizations.

2. Diplomatic couriers or appointed persons shall transport, deliver and receive state secret containers from domestic regulatory bodies and organizations to overseas Vietnamese regulatory bodies and organizations and vice versa or among overseas Vietnamese regulatory bodies and organizations.

3. State secret containers shall be kept sealed during transport, delivery and receipt.

4. State secret containers must be managed and protected during transport; a security force must be employed when necessary.

5. Transport of state secret containers by post shall comply with regulations of post laws.

6. Senders and receivers of state secret containers must inspect and verify to promptly detect errors and take response measures; delivery and receipt must be fully recorded in separate logbooks with signatures of the receivers.

7. The Government shall elaborate delivery and receipt of state secret containers.

Article 14. Taking state secret containers out of storage

1. Taking a state secret container out of its storage for domestic purposes must be permitted by the head or an authorized deputy of the regulatory body or organization managing the state secret.

2. Taking a state secret container out of its storage for overseas purposes must be permitted by the Minister of National Defense, Minister of Public Security, one of the persons defined in Points a, b, c, d, dd, g, h, i, k and l Clause 1 Article 11 of this Law or an authorized deputy thereof and be reported to the head of the official business team.

3. State secret containers must be managed and protected when they are taken out of storage.

4. During the time a state secret container is taken out of its storage, if the state secret is divulged or lost, the person carrying the state secret container must report to the head of the regulatory body or organization managing the state secret and head of the official business team immediately for response and remedial measures.

5. The Government shall elaborate taking of state secret containers out of storage.

Article 15. Provision and transfer of state secrets to Vietnamese individuals, regulatory bodies and organizations assigned state secret-related tasks

1. The persons specified in Clause 1, 2 and 3 Article 11 of this Law have the power to decide state secrets provision and transfer.

2. The Minister of National Defense and Minister of Public Security shall stipulate competence in provision and transfer of the state secrets under their management.

3. Vietnamese individuals, regulatory bodies and organizations assigned state secret-related tasks may request provision and transfer of state secrets.

4. When a regulatory body or an organization would like to request provision or transfer of a state secret, it must send a written request to a person with competence in deciding state secrets provision and transfer. The request must include the name of the regulatory body or organization; the representative thereof; the requested state secret; its purposes and the commitment to protect such secret.

5. When a person would like to request provision or transfer of a state secret, they must send a written request to a person with competence in deciding state secrets provision and transfer. The request must include the requester’s full name, number of identity card, passport or officer identity card or number of identity card issued by the People’s Army; address; position; the requested state secret; its purposes and the commitment to protect such secret.

6. If a request for provision or transfer of a state secret is rejected, the person with competence in deciding such provision or transfer must send a written explanation.

Article 16. Provision and transfer of state secrets to foreign individuals, regulatory bodies and organizations

1. Competence in deciding provision and transfer of state secrets to foreign individuals, regulatory bodies and organizations is regulated as follows:

a) The Prime Minister has the power to decide provision and transfer of state secrets classified as “top secret”;

b) The Minister of National Defense, Minister of Public Security and persons specified in Points a, b, c, d, dd, g, h, i and k Clause 1 Article 11 of this Law have the power to decide provision and transfer of state secrets classified as “secret” and “confidential” under their management.

2. State secrets shall only be provided for and transferred to foreign individuals, regulatory bodies and organizations participating in international cooperation programs or performing official duties concerning the state secrets.

3. When a foreign regulatory body or organization would like to request provision or transfer of a state secret, it must send a written request to the Vietnamese regulatory body or organization in charge of the international cooperation program or official duty concerning the state secret. The request must include the names of the requester and its representative; nationality, passport number and position of the representative; the requested state secret; its purposes; and the commitment to protect such secret and not make any unauthorized provision or transfer to a third party.

4. When a foreign individual would like to request provision or transfer of a state secret, they must send a written request to the Vietnamese regulatory body or organization in charge of the international cooperation program or official duty concerning the state secret. The request must include the requester’s full name; passport number and address; the requested state secret; its purposes; and the commitment to protect such secret and not make any unauthorized provision or transfer to a third party.

5. The Vietnamese regulatory body and organization in charge of the international cooperation program or official duty concerning the state secret shall forward the request submitted by the foreign individual, regulatory body and organization prescribed in Clause 3 and Clause 4 herein to persons with competence in deciding provision and transfer of the state secret.

6. If the request is rejected, the person with competence in deciding such provision or transfer must send a written explanation.

Article 17. Conferences, seminars and meetings containing state secret contents of Vietnamese regulatory bodies and organizations

1. Requirements for organization of a conference, seminar or meeting containing state secret contents of a Vietnamese regulatory body or organization:

a) Use of the state secret is permitted in writing by one of the persons specified in Clause 1 and Clause 2 Article 15 of this Law;

b) Representative of the regulatory body or organization or a person assigned a task related to the state secret is attending;

c) The venue is secured, and the state secret must be protected from divulgence or loss;

d) Suitable equipment and devices are employed to protect the state secret;

dd) There are plans to protect the conference, seminar or meeting;

e) The state secret container must be returned after the conference, seminar or meeting.

2. The head of the regulatory body or organization deciding organization of the conference, seminar or meeting containing state secret contents shall hold responsibility for fulfillment of the requirements prescribed in Clause 1 herein.

3. Attendees of a conference, seminar or meeting containing state secret contents shall protect and use the state secret(s) according to regulations of this Law and the request of the host.

4. The Government shall elaborate Points c, d and dd Clause 1 herein.

Article 18. Conferences, seminars and meetings involving foreign elements in Vietnam and containing state secrets contents

1. Requirements for organization of a conference, seminar or meeting involving foreign elements in Vietnam that contains state secret contents:

a) The conference, seminar or meeting is organized by a Vietnamese regulatory body or organization;

b) Use of state secret contents is permitted in writing by one of the persons specified in Clause 1 Article 16 of this Law;

c) The person specified in Point b Clause 1 Article 17 of this Law and representative of the foreign regulatory body/organization or individual participating in an international cooperation program or performing official duties concerning the state secret are required to attend;

d) The requirements specified in Points c, d, dd and e Clause 1 Article 17 of this Law are satisfied.

2. The head of the regulatory body or organization deciding organization of the conference, seminar or meeting containing state secret contents shall hold responsibility for fulfillment of the requirements prescribed in Clause 1 herein.

3. Attendees of a conference, seminar or meeting containing state secret contents shall protect and use the state secret according to regulations of this Law and the request of the host; and not provide or transfer such state secret to a third party.

Article 19. Time period for state secrets protection

1. The time period in which a state secret is protected starts from the date on which its confidentiality level is determined until the expiration of:

a) 30 years, if the state secret is classified as “top secret”;

b) 20 years, if the state secret is classified as “secret”;

c) 10 years, if the state secret is classified as “confidential”.

2. The time period for protection of an operation concerning a state secret may be shorter than prescribed in Clause 1 herein and must be specified in the container of such secret upon determination of the confidentiality level.

3. The protection of a location concerning a state secret shall end when the competent authority or organization stops using such location to store the state secret.

Article 20. Extension of state secrets protection period

1. A state secret may be protected for an extended period of time if the declassification of such secret jeopardizes national interest.

2. The head of the regulatory body or organization that determines the state secret shall decide the extension of its protection period no later than 60 days before the original protection period expires. Each extension shall comply with the duration defined in Clause 1 Article 19 of this Law. 

3. After its protection period is extended, the state secret must bear the seal denoting the extension and have the extension notified in writing or via other forms.

4. The regulatory body or organization extending the protection period must notify relevant regulatory bodies, organizations and individuals of such extension no later than 15 days after the extension date.

After receiving the extension notice, relevant regulatory bodies, organizations and individuals shall put the seal denoting the extension on the state secrets under their management and notify the extension in writing or other forms.

Article 21. Adjustment of confidentiality level

1. Adjustment of the confidentiality level means raising or lowering the determined confidentiality level of a state secret.

2. The confidentiality level of a state secret must be adjusted according to the state secrets list where it is included.

3. The head of the regulatory body or organization that determines the confidentiality level of the state secret has the power to decide adjustment of such confidentiality level.

4. After its confidentiality level is adjusted, the state secret must bear the seal denoting such adjustment, and have the adjustment notified in writing or other forms.

5. The regulatory body or organization adjusting the confidentiality level must notify relevant regulatory bodies, organizations and individuals in writing no later than 15 days after the adjustment date.

After receiving the adjustment notice, relevant regulatory bodies, organizations and individuals shall put the seal denoting the corresponding adjustment on the state secrets under their management and notify such adjustment in writing or other forms.

Article 22. Declassification of state secrets

1. Declassification of a state secret means releasing the state secret from confidentiality.

2. A state secret may be fully or partially declassified in any of the following cases:

a) The protection period defined in Article 19 of this Law and the extension period defined in Article 20 of this Law have expired;

b) Fulfillment of real requirements for protection of national interest; socio-economic development; and international integration and cooperation;

c) The state secret is no longer included in a state secrets list.

3. The cases specified in Point a and Point c Clause 2 herein shall naturally be declassified.

For the case defined in Point c Clause 2 herein, the regulatory body or organization determining the state secret shall put the declassification seal on the state secret and notify the declassification in writing or other forms, and immediately inform relevant regulatory bodies, organizations and individuals in writing. 

4. Declassification in the case defined in Point b Clause 2 herein is regulated as follows:

a) The head of the regulatory body or organization determining the state secret shall establish a declassification council;

b) The declassification council shall have the representative of the head of the regulatory body or organization determining the state secret as its Chairperson; and representatives of relevant regulatory bodies and organizations as its members;

c) The declassification council shall consider declassification and report to the head of regulatory body or organization determining the state secret for decision;

d) After being declassified, the state secret must bear the declassification seal, and have the declassification notified in writing or other forms; if the state secret is partially declassified, the declassification decision must include the full declassified contents;

dd) The declassification dossier, including the decision on establishment of the declassification council; the state secret to be declassified; meeting minutes of the declassification council; declassification decision and other relevant documents, must be retained.

5. For state secrets retained by the historical archival unit, if the regulatory body determining the state secret is unidentifiable, the historical archival unit shall decide declassification according to regulations of archiving laws.

6. The regulatory body or organization deciding declassification must notify relevant regulatory bodies, organizations and individuals in writing no later than 15 days after the date of issuance of the declassification decision.

After receiving the declassification notice, relevant regulatory bodies, organizations and individuals shall put the declassification seal on state secrets under their management and notify the declassification in writing or other forms.

Article 23. Destruction of state secret containers

1. A state secret container must be destroyed if:

a) it is not necessary to retain such container and the destruction causes no harm to national interest; or

b) failure to immediately destroy such container will bring harm to national interest.

2. Requirements for destruction of a state secret container:

a) The state secret must be protected from divulgence or loss;

b) The state secret container must be destroyed in a manner that changes its shape, features and uses;

c) After being destructed, the shape, features, uses and contents of the state secret container must be irreparable.

3. Competence in destruction of state secret containers:

a) The persons specified in Clause 1 and Clause 2 Article 11 of this Law have the power to decide destruction of state secret containers;

b) The Minister of National Defense and Minister of Public Security shall stipulate competence in destruction of state secret containers under their management;

c) A person managing a state secret container has the right to decide destruction of such container in any of the cases specified in Point b Clause 1 herein and must immediately report such destruction in writing to the head of the regulatory body or organization where they are employed.

4. Destruction of a state secret container in the case defined in Point a Clause 1 herein is regulated as follows:

a) The persons specified in Point a or Point b Clause 3 herein shall decide to establish a council for destruction of the state secret container (“destruction council”);

b) The destruction council shall have the representative of the head of the regulatory body or organization retaining the state secret container as its Chairperson; and the person retaining the state secret container and representatives of relevant regulatory bodies and organizations as its members;

c) The destruction council shall review the state secret container that is the subject of the destruction request, and report to one of the persons specified in Point a or Point b Clause 3 herein for decision;

d) The destruction dossier, including the decision on establishment of the destruction council; list of the state secret container to be destroyed; meeting minutes of the destruction council; destruction decision, destruction records and other relevant documents, must be retained

5. Containers of state cryptographic secrets shall be destroyed according to regulations of cryptographic laws; state secret containers retained by the historical archival unit shall be destroyed according to regulations of archiving laws.

Chapter IV

RESPONSIBILITIES FOR STATES SECRET PROTECTION

Article 24. Responsibilities for states secret protection of regulatory bodies and organizations

1. The Government shall exercise the unified state management of state secrets protection.

2. The Ministry of Public Security shall be answerable to the Government for state management of state secrets protection and have the following tasks and powers:

a) Formulating and proposing guidelines, policies and plans for state secrets protection;

b) Taking charge in developing and proposing legislative documents on state secrets protection to competent authorities for promulgation or promulgating such documents ex officio; providing guidelines for state secrets protection;

c) Organizing training in professional operation and knowledge pertaining to state secrets protection;

d) Preventing and combating violations against regulations on state secrets protection;

dd) Inspecting, settling complaints and denunciations, and handling violations against regulations on state secrets protection;

e) Carrying out international cooperation in state secrets protection as assigned by the Government;

g) Providing for specimens of confidentiality markings, confidentiality notices and other forms denoting confidentiality and specimens of documents for state secrets protection.

3. Within their duties and powers, the Office of the Central Steering Committee and Party Central Committee’s Commission, supervisory communist organizations, Party Civil Affairs Committees, Party Executive Committees under Party Central Committee; central bodies of socio-political organizations and social organizations; Ethnic Minorities Council, Committees of the National Assembly, affiliates of the Standing Committee of the National Assembly, Office of the National Assembly; Office of the President; Ministries, Ministerial-level bodies, Governmental agencies, the Supreme People’s Court; the Supreme People’s Procuracy; the State Audit Office; Party Executive Committees of provinces and cities, Delegation of the National Assembly Deputies, People’s Councils and People’s Committees of provinces and central-affiliated cities shall:

a) Organize state secrets protection;

b) Take charge in developing and proposing specialized documents related to state secrets protection within the scope of this Law to competent authorities for promulgation or promulgating such documents ex officio;

c) Promulgate regulations on state secrets protection in regulatory bodies, organizations and localities and organize the implementation thereof;

d) Inspect, settle complaints and denunciations, and handle violations against regulations on state secrets protection committed by affiliated bodies, organizations and individuals;

dd) Assign personnel for state secrets protection tasks; prepare reports on state secrets protection as regulated by the Government.

4. The Ministry of National Defense shall be answerable to the Government for state management of protection of state secrets under their management and hold the responsibilities defined in Clause 3 herein.

5. The Government Cipher Commission shall:

a) Protect state cryptographic secrets in accordance with this Law and other relevant provisions of laws;

b) Advise the Government on establishing and developing the national cryptographic information system; manage code research, production, provision and use for protection of information concerning state secrets;

c) Hold the responsibilities defined in Clause 3 herein.

Article 25. Responsibilities of heads of regulatory bodies and organizations managing state secrets

1. Promulgate regulations on state secrets protection in regulatory bodies and organizations, excluding those prescribed in Clause 3 Article 24 of this Law.

2. Direct, inspect and expedite implementation of regulations of laws and regulations on state secrets protection in regulatory bodies and organizations under their management.

3. Provide guidance upon divulgence or loss of state secrets under their management and promptly notify competent authorities of such situation.

4. Organize recall of state secret containers when a person assigned the management of a state secret resigns, transfers to another workplace, retires, passes away or is relieved of such assignment for other reasons.

Article 26. Responsibilities of persons with authorized access to state secrets and state secrets managers

1. Persons with authorized access to state secrets shall:

a) Comply with regulations of laws and regulations of regulatory bodies and organizations on state secrets protection;

b) Implement state secrets protection measures;

c) Use state secrets for authorized purposes;

d) Comply with requirements and guidelines of regulatory bodies and organizations managing state secrets.

2. State secrets managers shall:

a) Hold the responsibilities defined in Clause 1 herein;

b) Propose protection measures for the state secrets under their management to persons with competence in deciding such matter;

c) If a violation against regulations on state secrets protection is detected, they must take response measures, report to the person(s) responsible for handling such situation and notify the regulatory body or organization determining the state secret for remedial measures; 

d) Hand over the assigned state secrets to authorized managing regulatory bodies/organizations before they resign, transfer to another workplace, retire or are relieved of such assignment for other reasons and commit themselves to protect the state secrets that used to be under their management.

Chapter V

IMPLEMENTATION CLAUSE

Article 27. Effect

1. This Law takes effect from July 01, 2020, excluding the cases prescribed in Clause 2 herein.

2. The regulations in this Law that concern compilation, appraisal and promulgation of lists of state secrets, time period for state secrets protection and extension of time period for state secrets protection shall enter into force from January 01, 2019.

3. The Ordinance on State Secrets Protection No. 30/2000/PL-UBTVQH10 is annulled from the date on which this Law takes effect.

Article 28. Transitional clause

The state secrets determined before January 01, 2019 shall have their protection periods determined according to regulations in Clause 1 Article 19 of this Law. Such protection periods shall be determined by regulatory bodies and organizations that have determined those state secrets before July 01, 2021.

If the protection period of a state secret ends before the effective date of this Law, such period must be extended as prescribed in Article 20 herein starting from the time of extension; if such period could not be extended, the state secret must be declassified in accordance with regulations of the Ordinance on State Secrets Protection No. 30/2000/PL-UBTVQH10.

For a state secret whose protection period ends after the effective date of this Law, if it is included in a state secrets list promulgated according to regulations of this Law, it shall continue to be protected until the original or extended protection period ends; otherwise, it shall be declassified in compliance with the regulations of this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 6th session, on November 15, 2018.

 

THE CHAIRWOMAN OF THE NATIONAL ASSEMBLY Nguyen Thi Kim Ngan