Chương III Luật Bảo vệ bí mật nhà nước 2018: Hoạt động bảo vệ bí mật nhà nước

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.