Circular No. 03/2013/TT-BLDTBXH on the protection of state secrets in the Labor - War Invalids and Social Affairs sector

CIRCULAR

Regulations on the protection of state secrets in the inspection sector

labor - war invalids and social affairs

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Pursuant to the Ordinance on Protection of State Secrets dated December 28, 2000;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to the Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the Ordinance on Protection of State Secrets;

At the proposal of the Director of the Legal Department;

The Minister of Labor - War Invalids and Social Affairs promulgates this Circular on the work of protecting state secrets in the field of Labor - War Invalids and Social Affairs,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the work of protecting state secrets in the field of Labor - War Invalids and Social Affairs.

Article 2. Applicability

This Circular applies to agencies, units, and individuals within the field of Labor - War Invalids and Social Affairs.

Article 3. State Secrets in the Field of Labor - War Invalids and Social Affairs

State secrets in the field of Labor - War Invalids and Social Affairs include information, documents, and objects carrying state secrets that, if disclosed, would cause harm to the Socialist Republic of Vietnam as specified in the List of State Secrets of the Degree of Top Secret, Confidential, and Secret of the field of Labor - War Invalids and Social Affairs and other documents and materials stamped with different levels of secrecy from central and local agencies sent to the field of Labor - War Invalids and Social Affairs, restricted areas, and locations within the scope of state secrets of the Ministry, Department, and Office of Labor - War Invalids and Social Affairs.

Article 4. Criteria for Personnel Engaged in Protecting State Secrets in the Field of Labor - War Invalids and Social Affairs

Cadres, civil servants, public officials, and workers engaged in protecting state secrets in the field of Labor - War Invalids and Social Affairs must have good moral qualities, a sense of responsibility, organizational discipline awareness, and awareness of vigilance in safeguarding state secrets; they must have professional expertise and the ability to fulfill assigned tasks and must commit to protecting state secrets in writing.

3. Ensuring state secrets and operational secrecy as prescribed by law and internal regulations of each agency.

1. Any act of collecting, disclosing, losing, appropriating, buying, selling, or illegally destroying documents and objects carrying state secrets in the field of Labor - War Invalids and Social Affairs.

2. Agencies, organizations, or individuals providing state secret documents in the field of Labor - War Invalids and Social Affairs to press, publishing, or mass media organizations inside and outside the country without or without permission from authorized persons.

3. Agencies, organizations, or individuals conducting self-research, production, and use of encryption to carry out activities that infringe upon national security and other acts violating regulations on the protection of state secrets in the field of Labor - War Invalids and Social Affairs.

4. Exploiting state secrets in the field of Labor - War Invalids and Social Affairs to commit illegal acts.

Chapter II

SPECIFIC PROVISIONS

Article 6. Drafting, Printing, Copying Documents and Objects Carrying State Secrets Listed in the List of State Secrets in the Field of Labor - War Invalids and Social Affairs

1. Heads of units entrusted with drafting confidential documents shall be responsible for confidentiality during the drafting, printing, submission for signature, and copying of documents and objects carrying state secrets.

2. Individuals drafting documents containing state secrets in the field of Labor - War Invalids and Social Affairs must base their recommendations on the List of State Secrets in the field of Labor - War Invalids and Social Affairs to propose the level of secrecy for each document. For objects carrying state secrets such as audio tapes, video discs, films, photographs, mobile storage devices like USB drives, hard disks, laptops, phones, memory cards, and other mobile devices capable of storing information, there must be a written document clearly stating the name of the object attached and stamped with the degree of secrecy. The person approving the document bears responsibility for deciding on the stamping of the degree of secrecy and the circulation range of the document.

3. The drafting, typing, printing, copying, and photographing of documents and files containing state secrets must be carried out at places ensuring safety and confidentiality as prescribed by the head of the agency or unit directly managing the documents and objects carrying state secrets. In special cases when required, it must be drafted on systems of equipment that have been inspected and meet the conditions for ensuring safety and confidentiality. Computers and other devices with word processing functions connected to the Internet must not be used to draft, print, or copy classified documents.

4. When organizing to solicit opinions from relevant agencies, organizations, and individuals to build draft documents containing state secrets, the main drafting unit must clearly define the scope and targets, stamp the necessary degree of secrecy on the draft before sending it for comments. Agencies, units, and individuals receiving the draft must manage and use it according to the degree of secrecy marked on the draft.

5. Individuals responsible for printing, copying, and photographing documents and objects carrying state secrets may only print, copy, and photograph the number of documents approved by the head of the agency or unit or the authorized person. They must absolutely not type or print extra copies. After completing typing, printing, copying, and photographing, they must check, immediately destroy excess copies, and those that are defective.

6. After completing typing, printing, copying, and photographing of classified documents, they must be stamped with the degree of secrecy, retrieval stamp (if necessary), page numbering, copy number, quantity printed, and circulation range.

7. The Minister of Labor - War Invalids and Social Affairs delegates authority to print, copy, and photograph documents and objects carrying state secrets in the Ministry to the following individuals and units:

a) Leaders of the Ministry have the authority to permit printing, copying, and photographing of documents and objects carrying state secrets of the Degree of Top Secret, Confidential, and Secret.

b) Leaders of the Office of the Ministry of Labor - War Invalids and Social Affairs have the authority to permit printing, copying, and photographing of documents and objects carrying state secrets of the Degree of Confidential and Secret.

c) General Directors, Department Heads, Bureau Chiefs, and equivalent positions, and Directors of Provincial Departments of Labor - War Invalids and Social Affairs under the Central Government have the authority to permit printing, copying, and photographing of documents and objects carrying state secrets of the Degree of Secret.

d) Individuals authorized at points a, b, and c of this Article may not delegate this authority to others.

8. Information, documents, and objects carrying state secrets that are printed, copied, or photographed must be kept confidential like the original document.

Article 7. Dissemination and study of information within the scope of state secrets in the Labor - War Invalids and Social Affairs sector

1. Dissemination and study of information within the scope of state secrets in the Labor - War Invalids and Social Affairs sector must be carried out according to the following principles:

a) To the correct target and scope that need to be disseminated;

b) Organized at secret locations, ensuring safety;

c) Recording, audio recording, video recording is only permitted with the permission of the head of the agency or organization directly managing such secrets. Audio tapes and video recordings must be managed and protected like original documents.

2. State secret documents may only be disseminated within the scope of persons responsible for knowing them.

Article 8. Stamp models and use of classified stamps

1. Documents and objects carrying state secrets, depending on their level of confidentiality, must bear a classification stamp: Top Secret, Confidential, Secret. The models of these classification stamps are prescribed by the Ministry of Public Security.

2. Clerical staff of the Ministry of Labor - War Invalids and Social Affairs, Department of Labor - War Invalids and Social Affairs, and Office of Labor - War Invalids and Social Affairs are responsible for managing the classified stamps, reviewing procedures for affixing classification stamps and retrieval stamps on documents in accordance with the laws on protecting state secrets and laws on clerical work and archives.

3. The ink used for stamping must be red. Classification stamps should be placed below the document's serial number; retrieval stamps should be placed at the top right corner of the document.

Article 9. Transport, delivery, receipt, sending, and retrieval of documents and objects carrying state secrets

1. Transport, delivery, and receipt of documents and objects carrying state secrets

a) Transport, delivery, and receipt of documents and objects carrying state secrets within the country must be conducted by personnel engaged in security work or dedicated liaison officers of the agency, recorded in a special logbook for classified documents and objects, signed off directly in the office between the sender and recipient, ensuring safety according to the regulations of the unit's head responsible for state secrets. If transported via postal service, it must comply with specific regulations of the Postal Service.

b) Transport and receipt of documents and objects carrying state secrets between domestic agencies and organizations and Vietnamese state agencies abroad must be handled by diplomatic liaison forces. All transport of such documents and objects must have sufficient protective equipment, follow the principle of confidentiality, sealing, and have protective forces to ensure safety during transportation. When transporting, if stopping, a person must be assigned to carefully guard the items to ensure absolute safety.

c) The place of sending and receiving must organize checks and verifications to promptly identify and address any errors or losses.

2. Sending documents and objects carrying state secrets

a) Logging: Before sending, state secret documents must be logged in a separate "classified documents sent" logbook for tracking. The logbook must include all columns and sections: serial number (which is also the document's serial number), date, month, year,

b) Preparing a dispatch form: Dispatched documents and objects carrying state secrets must be accompanied by a dispatch form, clearly stating the dispatch number and sending location,

c) Packaging: Classified documents and objects sent must not be packed together in the same envelope with non-classified documents. Envelope paper must be durable, difficult to tear, water-resistant, and opaque. For Top Secret documents, they must be sent in two envelopes. No writing or stamping with the words "Secret," "Confidential," or "Top Secret" should appear on the outside of the envelope. Outer envelope: Marked as regular documents and stamped with the letter "C" in bold italic for "Secret" level documents; stamped with the letter "B" in bold italic for "Confidential" level documents (without marking "Secret" or "Confidential" on the outer envelope). Inner envelope: Clearly marked with the document's serial number and name of the recipient, stamped with the appropriate classification level. If the document or object is sent specifically to an authorized person, stamp "Only named person can open."

3. Receiving documents and objects carrying state secrets

a) All documents and objects carrying state secrets sent to the Ministry of Labor - War Invalids and Social Affairs, Departments of Labor - War Invalids and Social Affairs, and Offices of Labor - War Invalids and Social Affairs from any source must go through the Office, Administrative Division, or Clerical Staff, logged in a "Classified Documents Received" logbook for tracking and transferring to the responsible person for handling.

b) In cases where the inner envelope has a stamp "Only named person can open," the clerical staff logs it according to the serial number and name on the outer envelope and immediately transfers it to the named person. If the named person is absent, transfer it to the responsible person for handling, and the clerical staff must not open the envelope.

c) In cases where the documents or objects carrying state secrets are received without proper confidentiality procedures, the clerical staff must immediately transfer them to the responsible person for handling and report back to the sender for lessons learned. If signs of tampering, opening, swapping, loss, or damage are found, the recipient must immediately report to the agency or unit head for prompt action.

d) Upon receiving documents and objects carrying state secrets,

4. Retrieval of documents and objects carrying state secrets The clerical staff must monitor and retrieve or return to the sender within the specified period any documents and objects carrying state secrets bearing a retrieval stamp. Upon receipt and return, verification and cancellation of the logbook must be ensured to prevent loss of documents and objects.

Article 10. Statistics, storage, and preservation of state secrets documents and objects

1. The Secretariat - Consolidation Department of the Ministry's Office, the Office of the Department of Labor, Invalids and Social Affairs, the Department of Labor, Invalids and Social Affairs, and subordinate units of the Ministry shall be responsible for establishing files on each type of classified document and object according to chronological order and level of confidentiality.

2. Documents and objects carrying state secrets shall not be taken out of the place of storage; in special cases, with the consent of the authorized person, they may be borrowed and the borrower shall be responsible for preserving the borrowed documents, signing in the record of secret state information utilization.

3. Units entrusted with the task of storing documents and objects carrying state secrets shall be responsible for managing, using, preserving, and providing information in a timely, truthful, and compliant manner.

Article 11. Carrying secret state information within the Department of Labor, Invalids and Social Affairs for domestic travel, returning home, or job transfer, retirement

1. In cases where officials, civil servants, employees, and workers must carry secret state information for domestic travel or meetings, they must obtain the consent of the head of the agency or unit and ensure absolute safety during travel and stay; they must have secure means of storage; they must not damage or lose the documents. After completing the task, they must return the secret state information to the management department.

2. Officials, civil servants, employees, and workers who manage secret state information within the Department of Labor, Invalids and Social Affairs before transferring jobs or retiring must hand over all secret state information to the authorized management agency or individual.

Article 12. Carrying secret state information within the Department of Labor, Invalids and Social Affairs abroad

1. Officials, civil servants, and employees carrying secret state information within the Department of Labor, Invalids and Social Affairs abroad for work, study, or scientific research must obtain permission in writing and the consent of the head or authorized representative of the central or local agency. During their time abroad, they must take strict measures to manage and protect the secret state information carried.

2. The application for permission must clearly state the name and position of the person carrying secret state information abroad; the type of information, documents, and objects carrying secret state information to be taken; the scope and purpose of use.

3. Upon departure, the application for permission must be presented to the immigration management authority at the border checkpoint.

Article 13. Areas and locations within the scope of state secrets

Areas and locations determined to be within the scope of state secrets must display warning signs "Restricted Area" or "Restricted Location" according to the unified model prescribed by the Ministry of Public Security.

Article 14. Protection of state secrets in communication

1. Contents of state secrets transmitted through wireless, wired communication means, or other communication means must be encrypted in accordance with the provisions of the law on cryptographic techniques.

2. The installation of transmitters, website construction must be agreed upon by the Ministry of Labor, Invalids and Social Affairs, registered, and subject to the management of competent agencies under the Ministry of Public Security, Ministry of Defense, Ministry of Information and Communications, and Ministry of Culture, Sports and Tourism as stipulated generally.

Article 15. Procedures for reviewing the provision of state secrets documents in the Labor - War Invalids and Social Affairs sector to organizations and Vietnamese citizens

1. The exchange of state secret documents or the provision of state secret data and information to mass media must be approved by competent authorities.

2. Persons assigned the task of investigating and collecting information within the scope of state secrets in the Labor - War Invalids and Social Affairs sector must have a national identity card along with an introduction letter and a document from the agency clearly stating the content, requirements for investigation and collection, and must obtain approval from the competent authority of the agency or unit holding the documents.

3. Agencies and units holding state secrets in the Labor - War Invalids and Social Affairs sector when providing information within the scope of state secrets to agencies, organizations, and Vietnamese citizens must be approved by competent authorities according to the following regulations: State secrets at the level of "Top Secret" and "Highly Confidential" must be approved by the Minister of Labor - War Invalids and Social Affairs; State secrets at the level of "Confidential" must be approved by the Director General, Department Head, Bureau Chief (or equivalent) at the central level and the Provincial Department Director of Labor - War Invalids and Social Affairs at the local level.

4. Agencies, units, and individuals implementing the provision of information may only provide information according to the approved content. The recipient of the information may not disclose it and may not provide it to a third party. The content of the session on providing information must be recorded in writing to report to the person who approved the provision of information and returned to the security department of the agency or unit.

Article 16. Procedures for reviewing the provision of documents and objects carrying state secrets in the Labor - War Invalids and Social Affairs sector to foreign organizations and individuals

1. In the implementation of international cooperation programs, when there is a request to provide information related to state secrets in the Labor - War Invalids and Social Affairs sector to foreign organizations or individuals, the provided information must be carefully considered according to the principle:

a) Not harming national interests.

b) Only providing secrets that have been reviewed and approved by competent authorities according to the following regulations: State secrets at the level of "Top Secret" must be

2. The provision of information must be documented in a record. Units and individuals implementing the provision may only provide the contents that have been approved and require the recipient to use the information for its intended purpose and not to disclose it to a third party.

Article 17. Authority to decide on the destruction of documents and objects carrying state secrets

1. The destruction of documents and objects carrying state secrets at all levels of confidentiality in the Labor - War Invalids and Social Affairs sector at the central agency is decided by the Director General, Department Head, Bureau Chief or equivalent; at provincial and centrally-administered city levels, it is decided by the Provincial Department Director of Labor - War Invalids and Social Affairs.

2. For cryptographic matters, follow the provisions of the Government Cryptographic Board.

Article 18. Organization of the destruction of documents and objects carrying state secrets

1. All cases of destroying documents and objects carrying state secrets must establish a Destruction Committee including: The Chairman of the Committee is the head of the agency or unit with confidential documents needing destruction; Members of the Committee are representatives of relevant units and those directly managing the confidential documents needing destruction.

2. Tasks of the Destruction Committee for documents and objects carrying state secrets

a) Prepare a complete inventory listing each document and object carrying state secrets in the Labor - War Invalids and Social Affairs sector that need to be destroyed, including the number of documents, copies, summary of the document, signature, and position. The content of the record must reflect the method, procedure, and person responsible for the destruction of documents and objects carrying state secrets, which must comply with legal regulations. The record must include signatures of all committee members participating in the destruction.

b) Prevent the leakage of documents and objects carrying state secrets.

c) For state secret documents printed on paper, they must be torn, burned, or ground to a size that cannot be pieced together.

d) For objects carrying state secrets such as audio tapes, video discs, films, photographs, mobile storage devices like USB drives, hard disks, laptops, phones, memory cards, and other mobile devices capable of storing information, they must be altered completely in shape or function so that the state secret information cannot be exploited or used.

3. Files for declassifying and destroying state secrets are kept in the Office for at least 20 years.

4. In cases where immediate destruction of documents and objects carrying state secrets is necessary to prevent serious consequences for national security, politics, and national interests without the possibility of organizing a Destruction Committee, the holder of the secret has the right to destroy it themselves but must report in writing to the head of the agency or organization and the police agency at the same level. If self-destruction of documents and objects carrying state secrets is not justified, the person performing the self-destruction will bear responsibility under the law.

Article 19. Inspection, examination, and reporting on state secrets protection work

1. The Office of the Ministry shall take the lead and coordinate with the Inspectorate of the Ministry and the Department of Organization and Cadres to assist the Minister in conducting inspections and examinations regarding state secrets protection within the Ministry.

2. Heads of units under the Ministry of Labor, Invalids, and Social Affairs, Directors of Provincial Departments of Labor, Invalids, and Social Affairs, and Heads of District Offices of Labor, Invalids, and Social Affairs shall regularly inspect and urge the implementation of confidentiality regulations within their units. If any issues of state secrets leakage are discovered, they must promptly report to the security agency and take measures to prevent harm from occurring.

3. Annually, units under the Ministry, provincial Departments of Labor, Invalids, and Social Affairs shall organize mid-year reviews of state secrets protection work and submit reports to the Ministry (through the Office of the Ministry) no later than November 30 of that year for consolidation. The Director of the Office of the Ministry shall be responsible for compiling and drafting this report.

4. Units under the Ministry, provincial Departments of Labor, Invalids, and Social Affairs shall organize comprehensive reviews of state secrets protection work every five years and submit them to the Ministry (through the Office of the Ministry) for consolidation.

Article 20. Awards and Disciplinary Actions

1. Units and individuals who achieve success in state secrets protection work shall be awarded according to the provisions of laws on commendation and reward.

2. Individuals who disclose state secrets, lose classified materials or objects carrying state secrets, or obstruct the implementation of state secrets protection in the Labor, Invalids, and Social Affairs sector may be subject to disciplinary action, administrative penalties, or criminal responsibility追究法律责任，具体依照法律规定。

Chapter III

IMPLEMENTATION

Article 21. Responsibility for Implementation

Within the scope of assigned functions, tasks, and authorities, agencies, organizations, units, and individuals related to state secrets in the Labor, Invalids, and Social Affairs sector shall be responsible for strictly implementing the provisions of this Circular.

2. The Office of the Ministry shall be responsible for assisting the Minister in guiding the implementation, inspection, and urging the execution of this Circular.

At the beginning of each year, heads of agencies and units related to state secret materials and objects in the Labor, Invalids, and Social Affairs sector shall be responsible for reviewing and proposing amendments and supplements to the declassification of state secrets related to Labor, Invalids, and Social Affairs, reporting to the Minister, and submitting to the Ministry of Public Security for review and submission.

Article 22. Effectiveness

1. This Circular shall take effect from April 15, 2013, and replace Decision No. 09/2006/QĐ-BLĐTBXH dated December 5, 2006, issued by the Minister of Labor, Invalids, and Social Affairs on the promulgation of the "Regulations on State Secrets Protection in Labor, Invalids, and Social Affairs."

2. Heads of agencies and units related to state secrets in the Labor, Invalids, and Social Affairs sector shall be responsible for organizing the implementation, inspecting (periodically or unexpectedly) state secrets protection work within their management authority, promptly identifying and rectifying deficiencies and loopholes, and reporting to their direct superiors for timely handling. During the implementation process, if there are any difficulties, agencies, organizations, and individuals are advised to reflect these issues to the Ministry of Labor, Invalids, and Social Affairs for consideration, amendment, and supplementation to ensure appropriateness.

During the implementation process, if there are any difficulties, agencies, organizations, and individuals are advised to reflect these issues to the Ministry of Labor, Invalids, and Social Affairs for consideration, amendment, and supplementation to ensure appropriateness./.