Chương I LUẬT CƠ YẾU 2011: NHỮNG QUY ĐỊNH CHUNG

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for cipher activities; tasks, powers, principles of organization and operation of the cipher force; regimes and policies applicable to persons working in cipher organizations; rights, obligations and responsibilities of agencies, organizations and individuals involved in cipher activities.

Article 2. Subjects of application

This Law applies to cipher organizations, persons working in cipher organizations and agencies, organizations and individuals involved in cipher activities.

Article 3. Interpretation of terms

In this Law, the terms and phrases below are construed as follows:

1. Cipher activities mean especially confidential activities in the field of national security, involving the use of coding skills and techniques and relevant solutions for protecting state secret information, which are carried out by a specialized force.

2. Code means exclusive rules and conventions used to change forms of expressing information to protect the confidentiality, genuineness and integrity of information contents.

3. Coding operations mean technical measures, regulations and solutions aiming to protect the safety and confidentiality and ensure the reliability of coding techniques.

4. Coding techniques mean methods and means involving application of codes to protect information.

5. Encoding means a process of using coding techniques to change forms of expressing information.

6. Code product means documents, technical facilities and equipment and operations of coding for the protection of information.

7. Cipher liaison network means a liaison network using code products supplied and directly managed by cipher organizations to protect state secret information.

Article 4. State policies on building and developing the cipher force

1. To build a regular and modern cipher force which is absolutely loyal to the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam.

2. To prioritize investment in research and application of coding science and technology; to increase investment in the development of national code infrastructure and the training of human resources for cipher activities.

3. To expand the relations of international cooperation in cipher on the basis of guaranteeing the independence, sovereignty and strictness in principle and compliance with the law on protection of state secrets.

Article 5. Principles of organization and operation of the cipher force

1. To be placed under the absolute and direct leadership in all aspects of the Communist Party of Vietnam and the unified management of the State.

2. To comply with the Constitution and law, to protect the interests of the State, and the rights- and legitimate interests of agencies, organizations and individuals.

3. To ensure absolute confidentiality, safety, accuracy and timeliness.

4. To be closely and uniformly organized according to the requirements of the Party's leadership and the State's management, the direction and command of the people's armed forces and the requirements of protecting state secret information.

5. To be subject to a peculiar specialized management regime and a strict working regime; to be equipped with advanced coding science and operations and modern coding techniques and technology.

Article 6. Cipher-related state management responsibilities

1. The Government performs the unified slate management of cipher.

2. The Minister of National Defense shall take responsibility before the Government for performing the stale management of cipher and personally direct the operation of the Government Cipher Commission.

3. The Government Cipher Commission is the national code agency performing the specialized management of cipher and having the responsibility to assist the Minister of National Defense in performing the state management of cipher.

4. Competent agencies of the Communist Party of Vietnam shall manage cipher within the scope under their charge.

5. Ministers and heads of ministerial-level agencies shall, within the scope of their respective tasks and powers, coordinate with the Minister of National Defense in performing the state management of cipher.

6. The People's Committees at all levels shall perform the state management of cipher under the Government's decentralization.

Article 7. Responsibility to assist the cipher force

Agencies, organizations and individuals are responsible for assisting the cipher force and cipher officers in the performance of their tasks when so requested.

Article 8. Protection of confidentiality of code products and information in cipher activities

Code products and information on cipher organizations and liaison networks, work places, production establishments and storehouses of cipher code products arc state secrets which must be managed and protected under the law on protection of state secrets.

Article 9. Encoding of state secret information

1. State secret information transmitted by communication or telecommunications equipment must be encoded in cipher codes.

2. State secret information stored in electronic equipment, computers and on telecommunications networks must be encoded in cipher codes.

The Government provides for types of state secret information to be encoded under this Clause.

Article 10. Funds and physical foundations for cipher activities

1. Funds for cipher activities are allocated from the state budget.

2. The allocation, management and use of funds and physical foundations for cipher activities and the audit thereof comply with the laws applicable to the field of defense and security.

Article 11. Prohibited acts

1. Disclosing state secrets and work secrets in cipher activities.

2. Using code products not supplied by the Government Cipher Commission for protection of state secret information.

3. Abusing one's assigned tasks and powers in cipher activities to harm national security, interests of the State or rights and legitimate interests of agencies, organizations and individuals.

4. Transmitting state secret information via communication and telecommunications equipment without encoding them in cipher codes.

5. Illegally researching, producing, using, collecting or destroying cipher code products in contravention of law.

6. Deliberately damaging and appropriating cipher code products.

7. Illegally obstructing cipher activities