Circular No. 04/2015/TT-TTCP on the work of protecting state secrets in the Inspection sector

CIRCULAR

Regulations on the protection of state secrets in the inspection sector Thanh tra

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

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

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Based on Decree No. 83/2012/NĐ-CP dated October 9, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Pursuant to Circular No. 08/2015/TT-BCA dated January 27, 2015 of the Ministry of Public Security stipulating the list of state secrets classified as Confidential in the Inspection sector;

At the proposal of the Director of the Office of the Government Inspectorate and the Head of the Legal Department,

The Chief Inspector General of the Government stipulates the protection of state secrets in the inspection sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the work of protecting state secrets in the Inspection sector.

Article 2. Applicability

This Circular applies to the following subjects:

1. Agencies, organizations, units, and individuals working in the Inspection sector;

2. Agencies, organizations, units, and other individuals related to matters involving state secrets in the Inspection sector.

Article 3. Standards for civil servants and the assignment of civil servants involved in work related to state secrets in the Inspection sector

1. Civil servants directly involved in work related to state secrets of the Inspection sector must have good moral character, be vigilant, have a strong sense of protecting state secrets, and possess high responsibility; they must also have the expertise, professional knowledge, and capability to fulfill their assigned tasks.

2. Heads of state inspection agencies; Heads of departments, bureaus, and units under the Government Inspectorate (hereinafter referred to collectively as Heads of units under the Government Inspectorate) are responsible for assigning civil servants to work related to state secrets within their agencies or units based on signing a confidentiality agreement according to the model attached to this Circular. The confidentiality document will be kept in the staff file of the agency or unit.

Article 4. Prohibited Acts

1. Collecting, providing, leaking, losing, appropriating, buying, selling, exchanging, or illegally destroying documents or objects containing state secrets.

2. Transmitting information containing state secrets through telephones, radio transmitters, telegrams, fax machines, computer networks, the Internet, or other communication means without authorization from competent authorities.

3. Exchanging or providing to domestic and foreign agencies, organizations, or individuals documents or objects containing state secrets, or taking such documents or objects out of the country without permission from authorized persons.

4. Copying secret documents; recording audio or video of information or images containing state secrets without permission from authorized persons.

5. Misusing the protection of state secrets to conceal violations of laws, infringing upon the lawful rights and interests of agencies, organizations, or individuals.

6. Using computers or other devices connected to the Internet to draft, type, store information, documents, or objects containing state secrets; connecting storage devices for state secrets to computers connected to the Internet.

Chapter II

SPECIFIC PROVISIONS

Article 5. Authority in the work of protecting state secrets

1. Authority to decide on printing, copying, photographing, and destroying documents or objects containing state secrets; providing information, documents, or objects containing state secrets to agencies, units, or Vietnamese citizens:

a) The Chief Inspector General of the Government approves the printing, copying, photographing, and provision of information, documents, or objects containing state secrets classified as "Top Secret" and "Highly Confidential";

b) The Director of the Office of the Government Inspectorate, the Director of the Inspectorate at the ministry level, and the Director of the Inspectorate at the provincial level approve the printing, copying, photographing, and provision of information, documents, or objects containing state secrets classified as "Confidential";

c) Heads of departments, bureaus, and units under the Government Inspectorate, pursuant to the delegation of the Chief Inspector General of the Government, the Director of the Inspectorate at the ministry level, and the Director of the Inspectorate at the provincial level, decide on the destruction of documents or objects containing state secrets;

d) Persons authorized under point b and point c Clause 1 of this Article shall not delegate their authority to others.

2. Authority to provide information, documents, or objects containing state secrets to foreign agencies, organizations, or individuals:

a) State secrets classified as "Top Secret" are approved by the Prime Minister;

b) State secrets classified as "Highly Confidential" are approved by the Minister of Public Security;

c) State secrets classified as "Confidential" are approved by the Chief Inspector General of the Government.

Article 6. Determining the level of confidentiality, changing the level of confidentiality, declassifying, amending, and supplementing the list of state secrets

1. The heads of units under the Government Inspectorate, the heads of state inspection agencies shall be responsible for reviewing and promptly identifying information and materials with content requiring confidentiality that are not included in the published list, then compiling and immediately reporting to the Chief Inspector General for submission to the competent authority for examination and decision.

2. Annually (in the first quarter), the heads of units under the Government Inspectorate, the heads of state inspection agencies must review the list of state secrets within their unit's management scope; if necessary changes in the level of confidentiality, declassification, or identification of new confidential contents are required, they must report to the Chief Inspector General for submission to the competent authority to amend and supplement the list of state secrets in accordance with the law.

Article 7. Drafting, copying, photographing, printing secret documents and objects carrying state secrets

1. The drafting, typing, printing, copying, and photographing of secret documents must be carried out at a secure location designated by the head of the unit directly managing the secret documents. In certain special cases, drafting must be conducted on equipment systems that have been inspected and meet the conditions for ensuring security and confidentiality.

2. The heads of units must assign individuals meeting the criteria stipulated in Clause 1, Article 3 of this Circular to perform tasks related to typing, printing, copying, and photographing secret documents; external personnel may not be hired for these tasks.

3. When drafting documents containing state secrets, the drafter must propose to the direct supervisor regarding the level of confidentiality according to current legal regulations; the reviewer and signer of the document bear responsibility for deciding on the stamping of the level of confidentiality, the number of copies to be issued, and the circulation range. For objects carrying state secrets (tapes, discs, films...), they must be sealed, accompanied by a document clearly stating the specific name of the object, and stamped with the level of confidentiality on this document.

4. When soliciting opinions from relevant agencies, organizations, and individuals to draft documents containing state secrets, the leading agency or unit must clearly define the scope and targets, and stamp the necessary level of confidentiality on the draft before sending it for comments. Agencies, units, and individuals receiving the draft must manage and use the draft document strictly according to the level of confidentiality indicated on the draft.

5. Individuals responsible for typing, printing, copying, and photographing secret documents and objects carrying state secrets are only allowed to print, copy, and photograph the required number of documents, stamp the level of confidentiality, retrieval stamp (if necessary), page numbering, copy number, print quantity, circulation range, name of the typist, printer, copier, and photographer. For secret documents copied or photographed in the form of tapes, discs, films, or recordings, they must be sealed and stamped with the level of confidentiality, clearly stating the name of the copier or photographer on the seal.

After completing typing, printing, copying, and photographing, a thorough check must be performed and the draft (if not to be retained), defective typed or printed copies, carbon paper, and used ink sheets for copying the documents must be destroyed immediately in the presence of the recipient or a security officer (if available); if typed on a computer, the data must be deleted immediately upon completion of printing, in special cases, it can only be retained until the document is issued.

Article 8. Management and use of seals in state secrets protection work

1. Civil servants assigned tasks to handle classified documents and objects within agencies and units shall be responsible for managing and affixing various types of seals according to the directives of the agency or unit's head or authorized persons.

2. The level of confidentiality and seal models used in state secrets protection work shall be implemented in accordance with Circular No. 12/2002/TT-BCA dated September 13, 2002, issued by the Ministry of Public Security guiding the implementation of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on State Secrets Protection.

3. The confidentiality level seal shall be affixed below the document's serial number; the recall document seal shall be placed at the top right corner of the confidential document, including its classified document appendix and cover letter (if any); the recall seal for state secret-carrying documents shall be affixed at the top right corner of the document in accordance with the provisions set out in Appendix II attached to Circular No. 01/2011/TT-BNV dated January 19, 2011, issued by the Ministry of Home Affairs.

4. The "Only named person may open" seal shall be used when transferring "Top Secret" classified documents or objects where only the recipient whose name is listed on the envelope may open it to ensure the secrecy of the document. The document transfer department must deliver the envelope directly to the named recipient before it is opened.

5. The ink used to affix the seals specified in Clause 2, Clause 3, and Clause 4 of this Article shall be bright red ink.

Article 9. Transfer and receipt of classified documents and objects

1. In all cases of transferring and receiving classified documents and objects between stages (drafters, typists, printers, clerks, couriers, responsible handlers, custodians, and other related personnel), entries must be made in the logbook with signatures from both the giver and the receiver; for documents or objects with accompanying text marked "Top Secret," the summary of contents cannot be recorded in the registration logbook except with the permission of an authorized person. The model of the registration logbook shall be carried out in accordance with Circular No. 07/2012/TT-BNV dated November 22, 2012, issued by the Ministry of Home Affairs guiding the management of documents, file creation, and submission for archival storage.

2. The transfer and receipt of classified documents and objects must be conducted directly at the workplace, ensuring safety as stipulated by the agency or unit's head responsible for classified documents. Both parties involved in the transfer and receipt of classified documents and objects must organize checks and verifications to promptly identify and address any errors or losses in accordance with the law.

Article 10. Issuance and dispatch of classified documents and objects

The issuance and sending of documents and objects carrying state secrets shall be carried out in the following steps:

1. Registration

Classified documents and objects must be registered in the "Confidential Documents Dispatched" logbook before being sent out; all columns and items must be filled in completely: sequence number, date, place of receipt, quantity, summary of content, degree of confidentiality, urgency, signature of the recipient (full name). For "Top Secret" classified documents, the summary of content column can only be filled in with the approval of an authorized person. Confidential documents dispatched must be placed in sealed envelopes and handed over to the clerk for external envelope preparation.

2. Issue dispatch slip

Classified documents and objects dispatched must be accompanied by a dispatch slip and placed together in the envelope with the documents and objects. The dispatch slip must clearly indicate the sender, dispatch number, recipient, serial number of each dispatched document or object, and affix the degree of confidentiality and urgency seals in the upper left corner of the slip. Upon receipt of classified documents and objects, the recipient must return the dispatch slip to the sender.

3. Envelope preparation

Classified documents and objects dispatched must not be mixed in the same envelope with regular documents. Envelopes for confidential documents must be made of durable paper with low water absorption, difficult to peel, and opaque.

4. Affixing confidentiality level symbols outside the envelope

a) "Secret" level documents shall have the letter "C" stamped;

b) "Top Secret" level documents shall have the letter "B" stamped;

c) "Top Secret" level documents sent in two envelopes

- Inner envelope: Clearly mark the number and symbol of the document, the recipient's name, stamp the "Top Secret" level. If the document is sent directly to the responsible handler, stamp "Only named person may open";

- Outer envelope: Mark as usual, stamp the letter "A".

5. Sealing

"Top Secret" and "Top Secret" level classified documents and objects dispatched, the inner envelope after sealing must be sealed at the intersection points of the back seam with wax or thin paper that is difficult to peel. The sealing stamp shall be half on the wax or sealing paper and half on the envelope paper, using bright red ink.

Article 11. Receiving state secrets documents and items

1. All state secrets documents and items from any source must be received through the office's document department, recorded in the "Secret Documents Received" log for tracking and transferred to the responsible person for handling. In cases where secret documents are sent with an envelope marked "only the named person may open," the document department shall record the document number on the envelope and deliver it directly to the named person. If the named person is absent, the document department shall not be permitted to open the envelope and must transfer it to the person authorized to handle it.

2. After receiving and inspecting secret documents, the document department must sign and confirm on the delivery slip and return it to the sender. If the sender does not follow the confidentiality procedures correctly, the document department must transfer the document to the responsible person for handling and inform the sender to learn from the experience. If signs of tampering, opening the envelope, leaking secrets, or swapping, loss, damage of the document are discovered, the recipient must prepare a confirmation report and immediately report to the Head of the agency/unit for timely measures.

Article 12. Retrieval of state secrets documents and items

For documents marked "To be retrieved," the document department must monitor and retrieve or return them to the sender within the specified time frame. Both when receiving and returning, thorough checks and comparisons must be conducted to ensure that the documents are not lost.

Article 13. Transporting state secrets documents and items

1. The transport of state secrets documents and items shall be carried out by civil servants engaged in confidentiality work or those responsible for document and liaison work at the agency/unit.

2. When transporting secret documents, sufficient means to ensure preservation, carrying, and keeping must be provided; in all circumstances, a responsible person must be assigned to carefully guard and ensure absolute safety of the secret documents.

Article 14. Statistics, storage, and preservation of state secrets documents and items

1. Units under the Government Inspectorate and state inspection agencies must establish logs to statistically track various types of secret documents managed by their units, following chronological order and classified by level of secrecy (including existing documents, those generated during operations, or received from external sources).

2. Secret documents must be strictly stored and preserved in places ensuring absolute safety, as designated by the Head of the agency/unit. They may not be taken outside the agency or home without authorization. Outside working hours, secret documents must be securely locked in cabinets or safes.

3. Documents classified as "Top Secret" or "Highly Confidential" must be stored and preserved separately, with a responsible person appointed by the Head of the agency/unit.

4. Staff members going on business trips, attending meetings outside the agency, or working at home who need to carry secret documents must obtain direct approval from the Head of the agency/unit, only carrying relevant documents related to assigned tasks; they must register with the agency/unit's security department; ensure absolute safety of the carried documents; and return them upon completion.

Article 15. Dissemination, circulation, study, and use of state secrets documents and items

1. The dissemination, circulation, study, and use of state secrets documents and items shall be carried out as follows:

a) Scope and Objectives

- "Top Secret" documents are known only to the individual handling them;

- "Highly Confidential" documents are disseminated to individuals or units responsible for handling them;

- "Confidential" documents are disseminated to individuals or units related to implementing the document.

b) Conducted in a secure location designated by the Head of the agency/unit.

c) The disseminator and task assigner must accurately implement the superior's instructions and have the responsibility to remind listeners and researchers to keep the information confidential.

d) Recording, audio recording, video recording, photographing, etc., are only allowed with permission from the Head of the agency/unit directly managing the state secrets to be disseminated. Those who listen, research, record, film, photograph, etc., must store and use the disseminated state secrets as if they were original documents.

2. When implementing secret documents, the Head of the agency/unit with the secret documents must inform the individual or department directly responsible for implementation about the level of secrecy of the document; the person assigned to implement it must not disclose the content of the state secrets document to those not authorized to know.

Article 16. Protection of State Secrets in Inspection Activities, Communication, and Mass Media Information

1. During the inspection process, the Head of the Inspection Team, members of the inspection team, and related persons must strictly keep confidential all information and documents related to the inspection activities; they shall not write articles or provide news commentary on the contents of ongoing inspections. The Head of the Inspection Team and members of the inspection team must securely and confidentially store inspection documents and files.

2. The exchange and provision of situations, data, and information containing State secrets to agencies, organizations, and individuals must be approved by the authorized person as stipulated in Article 5 of this Circular and other relevant laws. Agencies, units, and individuals implementing such actions may only provide information according to the approved content. The recipient of the information must not disclose it and may not provide the received information to others. The provision of information must be recorded in a protocol to report to the approving authority and submitted to the security department of the agency or unit.

3. All contents within the scope of State secrets in the Inspection sector transmitted through wireless, wired telegraph, fax, etc., must be carried out through operational measures as prescribed by current laws. It is absolutely forbidden to use clear telephone communications and to exchange secret document contents through ordinary telephone systems.

4. Units under the Government Inspectorate, state inspection agencies requiring the use of their own codes must ensure compliance with current legal regulations. In cases where installation and use of wireless communication equipment (wireless telephones, wireless radio), construction of websites are required, registration and management by competent authorities under the Ministry of Public Security, Ministry of National Defense, and Ministry of Information and Communications must be obtained.

Article 17. Carrying State Secrets Documents and Objects Abroad or When Working with Foreign Agencies, Organizations, and Individuals

1. Units, organizations, and individuals carrying State secrets documents and objects abroad for work, study, experience exchange, or when working with foreign agencies, organizations, and individuals must obtain permission in writing and approval according to the authority specified in Article 5 of this Circular. The document must clearly state the name, position of the person carrying State secrets documents and objects abroad; the State secrets documents and objects being taken; the scope and purpose of use.

2. During the period of studying abroad or when interacting with foreign agencies, organizations, and individuals, providing information to foreign organizations and individuals must be conducted as follows:

a) Only exchange contents that have been approved by the authorized body and must report the results of the interaction to the head of the direct managing agency or unit;

b) In cases where there is a request to provide classified documents to foreign agencies, organizations, and individuals, it must be implemented according to Clause 2 of Article 5 of this Circular and must be documented in a protocol with a commitment from the receiving party regarding the proper use of the information and non-disclosure to third parties.

Article 18. Declassification of State Secrets Documents and Objects

1. Declassifying classified documents means removing the level of classification previously assigned to such documents. The declassification process will only be considered when the disclosure of the document's contents no longer poses a threat to the Socialist Republic of Vietnam.

2. Principles, authority, procedures, and formalities for declassifying classified documents shall be carried out in accordance with the regulations of the Government and the Ministry of Public Security.

Article 19. Destruction of State Secrets Documents and Objects

1. When organizing the destruction of classified documents, a committee must be established consisting of: the head of the agency or unit holding the classified documents as the chairman of the committee; representatives from units destroying classified documents, the Office, the person directly managing the classified documents, the civil servant responsible for security tasks, and representatives from related units (as decided by the chairman of the committee).

2. The committee for the destruction of classified documents has the following responsibilities:

a) Based on current laws, if it is determined that a document, material, or object carrying state secrets should be included in national archives, a list and report must be prepared and submitted to the General Inspectorate of the Government, the head of the agency or unit with the authority specified in point c Clause 1 Article 5 of this Circular for consideration and decision regarding destruction;

b) During the implementation of the destruction of classified documents, it must ensure:

- Not disclosing or leaking the contents of classified documents;

- For classified documents printed on paper, they must be burned, torn, ground up until they cannot be pieced together;

- For classified objects carrying state secrets (used tapes, discs, films...) must be altered completely in shape and function so that they cannot be restored, exploited, or used.

c) A detailed inventory record of each destroyed classified document must be compiled, including the document number, number of copies, and key content. The record must reflect the method, procedure, and personnel involved in the destruction of classified documents. The record must contain signatures of all participants and be filed at the security department of the agency or unit.

3. In special cases where there are no conditions to organize the destruction of classified documents according to current laws, and if not immediately destroyed, the classified documents would cause serious consequences for national security, defense, or other interests of the State, the person managing the classified documents may destroy them themselves but must report in writing to the competent authority (the head of the document management agency, the police agency at the same level) immediately thereafter. If self-destruction of classified documents does not have a valid reason, the person who destroys them will bear responsibility under the law.

Article 20. Inspection of State Secret Protection Work and Reporting System

1. Agencies and units entrusted with or related to state secrets within the Inspection sector shall carry out inspections regularly and at random under the direction of the heads of agencies and units, implemented by civil servants tasked with security duties.

2. The content of regular and random inspections is decided by the head of the agency or unit. After completing the inspection, a record noting strengths, weaknesses, and recommendations of the inspector must be made, reported to the head of the agency or unit, and sent to higher authorities.

3. Agencies and units entrusted with or related to state secrets within the Inspection sector shall implement the reporting system as follows:

a) Report immediately if incidents occur causing harm to state secrets, such as unauthorized disclosure, transfer, or leakage of state secrets in any form; loss or theft of classified documents;

b) Submit annual interim reports and five-year comprehensive reports on state secret protection work of the agency or unit to the Office of the Government Inspectorate for consolidation and submission to the General Inspectorate of the Government for reporting to competent authorities;

c) Report every six months (before June 15 and December 15 each year) on the quantity of classified documents received and dispatched by the agency or unit to the Office of the Government Inspectorate for consolidation, statistics, and reporting to competent authorities.

Chapter III

IMPLEMENTING PROVISIONS

Article 21. Effective Date

This Circular takes effect from September 15, 2015, replacing Decision No. 1657/2005/QĐ-TTCP dated September 6, 2005, issued by the General Inspectorate on the Regulations for Protecting State Secrets in the Inspection Sector.

Article 22. Responsibility for enforcement

1. Protecting state secrets in the Inspection sector is the responsibility of agencies, units, and individuals both inside and outside the sector. Within their functional tasks, powers, and responsibilities, the heads of units under the Government Inspectorate, the Inspectors of central ministries and sectors, and the Inspectors of central cities and provinces shall implement this Circular.

2. The Office of the Government Inspectorate is responsible for leading and coordinating with the Legal Department to monitor, guide, inspect, and consolidate the situation of state secret protection work throughout the Inspection sector.

3. In addition to the provisions on protecting state secrets in the Inspection sector stipulated in this Circular, the bureaus, departments, and units under the Government Inspectorate, central ministries and sectors' inspectors, and provincial and municipal central inspectors must also comply with the Law on Protecting State Secrets; Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Law on Protecting State Secrets; Circular No. 12/2002/TT-BCA (A11) dated September 13, 2002, of the Ministry of Public Security guiding the implementation of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government, and other relevant regulations concerning state secret protection.

4. During the implementation of this Circular, if difficulties, obstacles, or new issues arise, the relevant agencies, organizations, units, and individuals must promptly report to the Government Inspectorate for guidance or amendment.