Circular No. 06/2015/TT-BYT stipulates the work of protecting state secrets in the healthcare sector.

CIRCULAR

Regulations on the protection of state secrets in the healthcare sector

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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;

This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

The Minister of Industry and Trade promulgates the Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade."

The Minister of Health issues this Circular to regulate the work of protecting state secrets in the healthcare sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the work of protecting state secrets in the healthcare sector from the stage of drafting, printing, copying, photographing, sending, receiving, recalling, storing, statistics, using, preserving, and destroying documents and objects carrying state secrets in the healthcare sector.

Article 2. Applicability

This Circular applies to agencies, units, organizations, and individuals working in the healthcare sector.

Article 3. Prohibited acts

1. Collecting, providing, leaking, losing, appropriating, buying, selling, and illegally destroying documents and objects carrying state secrets in the healthcare sector.

2. Exchanging and providing information, documents, and objects carrying state secrets to agencies, units, and individuals without approval from competent authorities.

3. Using computers connected to the Internet for drafting, typing, and storing classified documents; inserting devices storing state secrets into computers connected to the Internet.

4. Using wireless microphones, mobile phones, recording devices, and signal transmission equipment during meetings with state secret contents in any form, except when permitted by competent authorities.

5. Exchanging information containing state secrets through walkie-talkies, mobile phones, landline telephones, fax machines, the Internet, and other service types without permission from competent authorities.

6. Providing information and documents and publishing information belonging to the list of state secrets in the press, publicly published publications, on electronic information portals, websites, blogs, social media platforms, forums, and similar forms.

Article 4. Standards for staff directly related to state secrets

1. Units under the Ministry shall be responsible for arranging specialized staff for document management and confidentiality, ensuring they have professional qualifications, good qualities, high discipline, and awareness of maintaining state secrets; at the same time, they must commit to protecting state secrets in writing.

2. Subordinate units of the Ministry shall allocate staff for unit document synthesis based on the standards for staff directly related to state secrets; staff for unit document synthesis must make a written commitment to protect state secrets.

3. Individuals assigned tasks involving contact with state secrets in any form must strictly comply with legal regulations on protecting state secrets and receive training and instruction according to legal provisions.

Chapter II

SPECIFIC PROVISIONS

Article 5. Drafting, printing, copying, photographing documents and objects carrying state secrets

When drafting, printing, copying, or photographing documents and objects carrying state secrets in the healthcare sector, the following regulations must be implemented:

1. Organizations conducting the drafting, printing, copying, or photographing of documents and objects carrying state secrets must carry out these activities within the agency or unit, at a secure location directly managed by the head of the agency or unit overseeing classified documents, and not take them outside the agency or unit. When required, drafting must be done on systems of equipment that have been inspected and meet safety and security conditions. Healthcare sector units must assign confidentiality protection staff to monitor and manage confidential information and documents managed by the agency or unit;

2. When drafting documents containing state secrets, based on the content of the document, the individual drafting must propose to the direct supervisor about the level of secrecy according to the list of state secrets in the healthcare sector; the person approving and signing the document is responsible for determining the level of secrecy, the number of copies issued, the circulation scope, the recipient locations, the name of the typist, printer, proofreader, copier, and photographer of the document;

For copied or photographed classified documents in tape, disc, film, or recorded form, they must be sealed and stamped with the degree of secrecy. It is absolutely forbidden to type or print more than the prescribed quantity. After copying or photographing, a thorough check must be conducted and any draft versions destroyed if present. For objects carrying state secrets, they must be sealed, accompanied by a document clearly stating the name of the object and stamped with the degree of secrecy on this document;

3. When organizing the solicitation of opinions for the construction of draft documents, the leading agency drafting the document must specifically determine the scope and target of agencies, organizations, and individuals involved, those whose opinions are needed or should be consulted, and must stamp the necessary "confidential" level 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.

Article 6. Sending Classified Documents and Objects

1. Registering: Before sending classified documents, they must be registered in the "Sent Classified Documents" logbook. All the following information must be recorded: serial number, date, place of receipt, summary of content, level of confidentiality, urgency, recipient (sign name, write full name).

2. Issuing a Sending Slip: When sending classified documents, a sending slip must accompany them and be placed together with the documents in the envelope. The sending slip must clearly indicate the sender, slip number, place of receipt, code number for each type of sent document, stamp the level of confidentiality and urgency on the upper right corner of the slip. The person opening the envelope and the recipient of the classified document must sign on the transfer slip for the sender to check the handover process and promptly investigate lost documents.

3. Enveloping: Classified documents being sent cannot be placed in the same envelope with regular documents. The envelope paper must be durable, difficult to tear, water-resistant, and opaque. Fold the envelope diagonally, ensure the adhesive is strong and difficult to peel off.

4. Stamping Confidentiality Levels: Stamp the classification level symbols for Confidential, Top Secret, and Absolute Secret outside the envelope.

Do not write the words Confidential, Top Secret, or Absolute Secret on the outside of the envelope.

a) For documents classified as "Confidential," stamp the letter "C" (capital letter C in bold, within a circular border, diameter 1.5 cm).

b) For documents classified as "Top Secret," stamp the letter "B" (capital letter B in bold, within a circular border, diameter 1.5 cm).

c) For documents classified as "Absolute Secret," send using two envelopes:

- Inner envelope: Prepared by the unit drafting the document, sealed tightly, and marked with the document's number and code, recipient's name, stamped "Absolute Secret"; if the document is for a specific responsible person, stamp "Only named person may open envelope."

- Outer envelope: Marked like a regular document and stamped with the symbol "A" (capital letter A in bold, within a circular border, diameter 1.5 cm) by the agency's documentation and archive department.

Article 7. Receiving Classified Documents and Objects

1. Upon receiving classified documents, the clerk must register in the "Received Classified Documents" logbook for tracking and transferring to the responsible person for handling.

2. If the received classified document has an inner envelope marked "only named person may open envelope," the clerk must register according to the code number on the outer envelope and immediately transfer to the person named on the envelope. If the named person is absent, transfer to the responsible person for handling; the clerk must not open the envelope.

3. In cases where classified documents are received without proper security procedures, they must be transferred to the responsible person for handling, while simultaneously informing the sender to learn from the experience. If signs of tampering, opening, exchanging, loss, or damage of the classified document are discovered, the recipient must immediately report to the head of the agency or unit for prompt action.

4. Upon receiving classified documents,the recipient must immediately return the sending slip to the sender. Both the sender and recipient of classified documents must regularly organize checks and comparisons to detect errors and losses for timely resolution.

Article 8. Retrieving Classified Documents and Objects

The clerk must monitor and retrieve or return to the sender within the specified period all classified documents and objects marked for retrieval. Upon both receiving and returning, thorough checks and comparisons must be conducted, and entries removed from the logbook to ensure no loss of documents.

Article 9. Storage of State Secrets Documents and Objects

Documents classified as "Top Secret," "Highly Confidential," and "Confidential" must be strictly managed and stored in locations with appropriate conditions and means to ensure safety. The storage places for confidential documents shall be designated by the heads of agencies and units.

Article 10. Protection of State Secrets in Telecommunications

1. Information contained in confidential documents may not be transmitted through telephones, radio transmitters, telegrams, faxes, or the Internet; however, in necessary cases, such information can be exchanged via telephone, fax, or other technical means after implementing security measures.

2. When transmitting state secret information via telecommunications and computers, it must be encrypted according to the provisions of the law on cryptographic techniques.

3. The Department of Information Technology under the Ministry of Health shall be responsible for guiding subordinate units under the Ministry of Health and provincial health departments in ensuring the protection of state secrets over the Internet, computers, and other online devices.

Article 11. Reporting and Statistics on Confidentiality Work

The Ministry of Health and health sector units must implement reporting and statistical systems regarding confidentiality work as follows:

1. Immediate Reports: Heads of agencies and units must promptly report to the Ministry of Health about any sudden incidents. The report should clearly state the reasons, causes, measures taken to handle the situation, results, and recommendations.

2. Annual Periodic Reports: These are comprehensive reports on annual confidentiality work of the agency or unit; the report should be concise, accurate, and fully reflect the situation of confidentiality work throughout the year.

3. Subordinate units under the Ministry of Health must submit their reports to the Ministry's Office for consolidation and submission to the Government Office and the Ministry of Public Security as prescribed by law.

Article 12. Use and Management of State Secrets Documents and Objects

1. The Ministry’s Office, the Personnel Department of Provincial Health Departments, and subordinate units under the Ministry have the responsibility to establish files for "Top Secret," "Highly Confidential," and "Confidential" documents and send them to the storage department as required by law.

2. Confidential documents can only be disseminated within the scope of persons authorized to know. Under no circumstances shall they be disclosed to unauthorized individuals without permission from the head of the unit.

3. Exchanging confidential documents or providing confidential data and information through mass media must be approved and the responsibility borne by the Minister of Health or the head of the unit.

4. Confidential documents may not be removed from their storage location; in special cases, if approved by the competent authority, borrowing is allowed, and the borrower must take full responsibility for managing the borrowed documents and sign the record of confidential document usage.

5. If staff members need to carry confidential documents for domestic travel, international missions, meetings, or personal residence, they must obtain approval from the head of the agency or unit and ensure absolute safety during travel and stay; they must also ensure secure storage of the documents, preventing damage or loss. After completing the mission, the confidential documents must be handed over to the management department.

6. Units tasked with storing confidential documents are responsible for managing, using, preserving, and providing information in a timely, truthful, and compliant manner.

Article 13. Procedures for Review when Providing State Secrets Documents and Objects to Foreign Organizations and Individuals

1. When it is necessary to provide state secrets documents and objects to international organizations, foreign entities, or to take them abroad, the following regulations must be adhered to:

a) The "Top Secret" category must be approved by the Prime Minister; The Prime Minister approves;

b) The "Secret" category must be approved by the Minister of Public Security, except for defense-related matters which must be approved by the Minister of National Defense;

c) The category "Confidential" must be approved by the Minister of Health and the Director of the Department of Health.

c) The "Confidential" category must be approved by the Minister of Health or the Director of the Department of Health.

Units and individuals implementing the provision may only provide the contents that have been approved and require the recipient to use them for the agreed purpose and not disclose them to third parties.

2. When taking documents abroad, there must be a document clearly stating the content of the state secrets being taken out and seeking opinions from superior agencies within the vertical system and related places for consideration and decision.

3. Medical sector staff when interacting with foreigners are not permitted to disclose general state secrets or state secrets specific to the medical sector.

4. It is not allowed to perform secret work in the presence of persons not responsible for such work. In case of loss of confidential documents, immediate reports must be made to the unit head and the police agency for timely handling.

Article 14. Dissemination, Study, and Use of State Secrets Documents and Objects

1. Dissemination, study, and use of state secrets documents and objects must be carried out according to the following principles:

a) "Top Secret" level can only be known by authorized individuals or those assigned tasks to resolve issues;

c) The "Confidential" level shall be disseminated to individuals and units involved in handling and implementing the document.

b) "Secret" level can only be disseminated to individuals and units responsible for resolving issues;

2. For meetings and conferences of the Ministry with confidential content, recording, audio recording, and video recording are only permitted with the approval of the Minister or authorized person, Chairperson of the Conference. Audio tapes and video recordings must be managed and protected like original documents.

c) "Confidential" level can be disseminated to individuals and units related to the resolution and implementation of documents;

1. De-classifying classified documents means removing the confidentiality level that has been determined for the classified document. De-classification will only be considered when the content of the document, if disclosed, 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.

d) Dissemination, study, and use of state secrets documents and objects must be conducted in places ensuring confidentiality and security.

2. For meetings and conferences of Ministries with secret content, recording, audio recording, and video recording are only allowed with permission from the Minister or authorized person, Chairperson of the Conference. Audio tapes and videos must be managed and protected like original documents.

Article 15. Declassification of Confidential Documents

1. Declassification of confidential documents means removing the classified level previously determined for the document. Declassification will only be considered when the content of the document, if disclosed, no longer poses harm to the Socialist Republic of Vietnam.

3. For historical archival documents containing state secrets, declassification shall be carried out in accordance with the provisions of the Law on Archives and guiding documents.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Effective Date

4. For archival documents containing state secrets when submitted to the Central Party Archive and documents of the Central Party Archive, declassification shall be carried out in accordance with the regulations of the Central Committee of the Communist Party of Vietnam.

Article 16. Destruction of Confidential Documents

Article 18. Responsibilities for implementation

1. The destruction of confidential documents after declassification shall be carried out in accordance with the provisions of the Law on Archives and guiding documents.

2. In special cases where conditions do not allow for organized destruction of confidential documents as stipulated by current laws, if failure to immediately destroy the confidential documents would cause serious consequences for national security, defense, or other interests of the State, the person managing the confidential documents may destroy them themselves but must report in writing to the competent authority (head of the managing agency, police agency at the same level) immediately thereafter. If self-destruction of confidential documents does not have a legitimate reason, the person who destroys them will bear responsibility under the law.

1. This Circular takes effect from May 15, 2015.