Circular No. 07/2020/TT-BKHĐT on the work of protecting state secrets in the fields of planning, investment, and statistics

CIRCULAR

Regulations on the work of protecting state secrets in the fields of planning, investment, and statistics

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Pursuant to the Law on Protecting State Secrets dated November 15, 2018;

BASED ON DECREE NO. 26/2020/NĐ-CP DATED February 28, 2020 OF THE GOVERNMENT PROVIDING GUIDELINES FOR SOME PROVISIONS OF THE LAW ON STATE SECRECY PROTECTION;

Pursuant to Decree No. 86/2017/ND-CP dated October 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment; 7 Pursuant to Decree No. 39/2019/ND-CP dated May 10, 2019 of the Government on the organization and operation of the Small and Medium Enterprise Development Fund;

At the proposal of the Director of the Office of the Ministry;

The Minister of Planning and Investment issues this Circular to regulate the work of protecting state secrets in the fields of planning, investment, and statistics.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the determination of state secrets and the level of confidentiality of state secrets; copying, photographing, statistics, storage, preservation of documents and objects containing state secrets; transportation, delivery, receipt of documents and objects containing state secrets; taking state secrets out of storage locations; providing and transferring state secrets to agencies, organizations, and Vietnamese individuals assigned to perform tasks directly related to state secrets; providing and transferring state secrets to foreign agencies, organizations, and individuals; organizing conferences, seminars, meetings with confidential content; adjusting the level of confidentiality; declassifying; destroying documents and objects containing state secrets; assigning civil servants (employees) to perform tasks related to protecting state secrets; reporting systems for the protection of state secrets; responsibilities of heads of agencies and units in organizing the protection of state secrets in the fields of planning, investment, and statistics.

Article 2. Applicability

This Circular applies to agencies, units, organizations, and individuals related to the work of protecting state secrets in the fields of planning, investment, and statistics.

Chapter II
SPECIFIC PROVISIONS

Article 3. Determination of State Secrets and Level of Confidentiality of State Secrets

1. Heads of agencies and units in the sectors of Planning, Investment, and Statistics who issue, publish documents or create objects containing state secrets shall be responsible for determining state secrets and the level of confidentiality of state secrets.

2. Determination of state secrets and the level of confidentiality of state secrets must be based on the List of State Secrets in the Fields of Planning, Investment, and Statistics issued by the Prime Minister pursuant to Decision No. 1441/QĐ-TTg dated September 23, 2020.

3. Procedures and formalities for determining state secrets and the level of confidentiality of state secrets

a) Civil servants and employees when drafting or creating information included in the list of state secrets must propose to the authorized person as stipulated in Clause 1 of this Article to determine state secrets, the level of confidentiality of state secrets, recipients, quantity of copies to be issued, permission or prohibition to copy or photograph documents and objects containing state secrets in the cover letter, approval form, signed document, or document determining the level of confidentiality for objects containing state secrets, and they are responsible for protecting the content of state secrets during the drafting and creation process. Confidential documents must indicate the recipient, quantity of copies to be issued, name of the drafter, permission or prohibition to copy or photograph at the recipient section of the document. In case of electronic documents, the drafter must create a confidentiality mark on the document after obtaining authorization from the authorized person to determine state secrets and their level of confidentiality; printed electronic documents for issuance must have the confidentiality mark affixed according to regulations.

In cases where documents have repetitive nature such as specialized reports, periodic reports with the same level of confidentiality, the head of the unit shall determine the level of confidentiality once for that type of document.

Drafts of documents containing state secrets must be managed and protected like officially issued documents from the drafting stage until destruction after completion if it is deemed unnecessary to retain.

b) Civil servants and employees when receiving information included in the list of state secrets but not yet determined as state secrets must report and propose to the head of the agency or unit to determine the level of confidentiality or transfer to the competent agency or organization to determine the level of confidentiality.

Civil servants and employees assigned to handle must submit a written proposal to the head of the agency or unit to determine state secrets, the level of confidentiality of state secrets, recipients, quantity of copies to be issued, permission or prohibition to copy or photograph documents and objects containing state secrets. Received information must be protected during the reception and handling process.

4. Models of confidentiality marks and documents determining the level of confidentiality of state secrets shall be implemented in accordance with Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security regarding forms used in the work of protecting state secrets.

Article 4. Copying and photographing state secrets documents and carriers

1. Authorized persons to permit copying and photographing documents and objects containing state secrets classified as "Top Secret" include:

a) The Minister of Planning and Investment.

b) Heads of General Departments, Bureaus, Divisions, and equivalent units under the Ministry, except heads of public service units.

2. Authorized persons to permit copying and photographing documents and objects containing state secrets classified as "Secret" include:

a) The Minister of Planning and Investment.

b) Heads of General Departments, Bureaus, Divisions, and equivalent units under the Ministry.

c) Heads of public service units directly under the Ministry; heads of units under the General Statistics Department.

d) Heads of Provincial and Central City Planning and Investment Departments.

3. Authorized persons to permit copying and photographing documents and objects containing state secrets classified as "Confidential" include:

a) Those specified in Clause 2 of this Article.

b) Heads of departments at the division level within units under and directly under the Ministry.

c) Heads of departments at the division level within Provincial and Central City Planning and Investment Departments.

4. Authorized persons to permit copying and photographing documents and objects containing state secrets as stipulated in Clause 1 and Clause 2 of this Article may delegate authority to deputy officials to carry out the authorization to permit copying and photographing documents and objects containing state secrets.

Delegation of authority to permit copying and photographing documents and objects containing state secrets can be carried out regularly or on a case-by-case basis and must be documented, clearly defining the scope, content, and duration of the delegation.

Deputy officials delegated authority to permit copying and photographing documents and objects containing state secrets must bear responsibility for their decisions to permit copying and photographing before their superiors and the law, and may not further delegate authority to others.

5. Copying and photographing of documents and objects containing state secrets shall be carried out as follows:

a) After being authorized by the authorized persons as stipulated in Clauses 1, 2, and 3 of this Article, the person assigned to carry out the copying and photographing of documents and objects containing state secrets.

b) A copy of a state secret document bearing the stamp "numbered copy" at the top right corner of the first page and the stamp "state secret copy" on the last page of the document after copying, which must indicate the serial number of the copy, the form of exact reproduction or registry copy, time, quantity, place of receipt, authority permitting the copy and the seal of the agency or organization (if any).

c) An excerpt copy of a state secret document must be made according to the "excerpt copy" model, which must fully reflect the content of the excerpt, time, quantity, place of receipt, authority permitting the copy and the seal of the agency or organization (if any).

d) A photograph of a document or object containing state secrets must have a "record of photographing state secret documents or objects," which must indicate the name, type of document or object containing state secrets, level of secrecy, time, quantity, place of receipt, person carrying out the photographing of state secret documents or objects, authority permitting the photographing and the seal of the agency or organization (if any).

đ) The act of copying and photographing must be recorded in the "Register for Managing Copies and Photographs of State Secrets" for management and monitoring.

6. The copying and photographing of encrypted communications shall be carried out in accordance with the provisions of the law on cryptographic matters.

7. The models of stamps for copying and photographing; the model of record for photographing state secrets; the model of register for managing copies and photographs of state secrets shall be implemented in accordance with Circular No. 24/2020/TT-BCA dated March 10, 2020 issued by the Minister of Public Security on forms used in state secret protection work.

Article 5. Statistics, storage, preservation of state secrets documents and carriers

1. Documents and objects containing state secrets shall be kept in specialized files, subjects, fields, accompanied by detailed statistical tables, and must be protected by appropriate measures to ensure safety as prescribed by the head of the unit with competent authority.

2. Annually, agencies and units within the planning, investment, and statistics sector must statistically record documents and objects containing state secrets received and issued in chronological order and by each level of secrecy.

3. The place storing and preserving documents and objects containing state secrets must be constructed solidly; entrances and exits must be equipped with protective locks; fire prevention, explosion prevention, intrusion prevention, theft prevention equipment must be provided, and there must be a security plan.

Depending on the nature of each storage location for documents and objects containing state secrets, appropriate protective measures must be applied in accordance with the principle of ensuring absolute safety and strict security regulations.

4. Agencies and units entrusted with the task of storing documents and objects containing state secrets have the responsibility to manage, preserve, and provide information about documents and objects containing state secrets in a timely, truthful manner, and in compliance with regulations.

Article 6. Transporting, handing over, receiving state secrets documents and carriers

1. The transportation, delivery, and receipt of documents and objects containing state secrets shall be carried out by civil servants and officials directly involved in state secret-related work in agencies and units within the planning, investment, and statistics sector. Civil servants and officials directly involved in state secret-related work may only transport, deliver, and receive documents and objects containing state secrets when instructed by the head of the agency or unit.

2. Handing over state secrets documents and carriers shall be conducted as follows:

a) Before delivering documents or objects containing state secrets, they must be registered in the "State Secret Delivery Register." For documents or objects containing state secrets classified as "Top Secret," only the summary shall be recorded when authorized by the person responsible for determining state secrets in writing.

b) Documents and objects containing state secrets must be placed in envelopes or packed separately. Envelope paper must be durable, water-resistant, and opaque; adhesive must be strong and difficult to peel.

In the case of documents or objects containing state secrets classified as "Top Secret," they must be protected by two layers of envelopes: The inner envelope must bear the number, code of the document or object containing state secrets, the recipient's name, stamped "Top Secret" and sealed with the unit's seal outside the envelope; if sent directly to a responsible person, it must be stamped "Only named person can open the envelope." The outer envelope must be marked as regular documents and stamped with the letter "A."

Documents and objects containing state secrets classified as "Highly Confidential" and "Confidential" must be protected by one layer of envelope, with the letters "B" and "C" stamped outside the envelope corresponding to the level of secrecy of the document or object containing state secrets inside.

c) The delivery of documents and objects containing state secrets must be carried out using the "State Secret Transfer Register."

3. Receiving state secrets documents and carriers shall be conducted as follows:

a) After receiving documents or objects containing state secrets, they must be registered in the "State Secret Receipt Register."

b) In the case where the envelope has the stamp "Only named person can open the envelope," the recipient must register according to the code on the outer envelope, without opening the envelope and must immediately transfer it to the person named on the envelope. If the person named on the envelope is absent and the envelope bears the stamp "Urgent," then it must be transferred to the leadership of the agency or unit or a person authorized by the unit leader to handle it.

c) In the case where documents or objects containing state secrets are delivered without complying with the regulations for protecting state secrets, they must be transferred to the leadership of the agency or unit receiving the documents or objects containing state secrets or the person named on the envelope (in the case of direct delivery) for handling, while simultaneously notifying the sender of the measures to rectify the situation. If signs of tampering, opening, substitution, loss, or damage are discovered upon receipt of documents or objects containing state secrets, the recipient must report to the head of the agency or unit for appropriate action.

4. The sending and receiving places of documents and objects containing state secrets must verify the quantity and check the sealing and packaging of the documents and objects containing state secrets. In the event of a shortage or error in sealing and packaging, the receiving place must request the sending place to supplement and resolve before registering and signing off.

5. In the case where documents or objects containing state secrets bear the stamp "Document to be recalled," the agency, unit, or individual that has received the documents or objects containing state secrets must return them within the deadline indicated on the document. The Archival Department must monitor, recall, or return to the sender within the deadline. Upon receipt and return, verification and comparison must be conducted to ensure that the documents are not lost or confused.

6. The transmission and receipt of electronic documents containing state secrets over the Internet, computer networks (internal networks, wide area networks), and telecommunications networks shall be carried out in accordance with the provisions of the law on cryptographic matters.

7. The transportation and delivery of cryptographic products shall be carried out in accordance with the provisions of the law on cryptographic matters.

8. In case state secrets stored in documents or carriers registered through computer databases, when transferring such materials, they must be printed on paper for signature and registration in a book for management purposes. The computers used to register state secret documents and carriers shall not be connected to the Internet or any other communication networks throughout their usage period, except as provided by laws on cryptographic techniques.

9. The templates for the book registering outgoing state secrets, the book registering incoming state secrets, and the book for transferring state secrets shall be implemented according to Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security regarding forms used in state secret protection work.

Article 7. Carrying State Secrets Documents and Containers Out of Storage Locations

1. Carrying state secret documents or carriers within the planning, investment, and statistics sectors out of storage locations for domestic work purposes must be approved by the head or deputy head authorized by the head of the agency or unit directly managing state secrets.

2. Carrying state secret documents or carriers within the planning, investment, and statistics sectors out of storage locations for overseas work purposes must be approved by the Minister of Planning and Investment (for agencies under the Ministry of Planning and Investment), the Chairman of the People's Committee of provinces or centrally-administered cities (for provincial Departments of Planning and Investment), or their authorized deputies, and must report to the Head of the Delegation.

3. When carrying state secret documents or carriers out of storage locations, civil servants and officials must have a written request and obtain written approval from the authorized person as stipulated in Clause 1 and Clause 2 of this Article. The request for carrying state secret documents or carriers out of storage locations for domestic or overseas work purposes must clearly state the name, position, agency, and workplace; the type, summary content, and level of confidentiality of the state secret documents or carriers; the purpose of use; time and place of work; commitment to implement measures to protect state secrets during the process of carrying them out of storage locations.

4. During the period of carrying state secret documents or carriers out of storage locations, if state secrets are discovered to be leaked or lost, the person carrying the state secret documents or carriers must immediately report to the head of the agency or unit directly managing the state secrets and the Head of the Delegation to take appropriate measures and mitigate consequences.

5. State secret documents or carriers carried out of storage locations must be contained, transported using secure means and equipment as specified by the head of the agency or unit managing state secrets, and must be protected during the period of carrying them out of storage locations. Upon completion of the task, a report must be made to the authorized person who approved the carrying of state secret documents or carriers out of storage locations regarding the management and use of state secrets and returning them to the agency or unit.

Article 8. Providing and Transferring State Secrets to Agencies, Organizations, and Vietnamese Individuals Assigned to Tasks Directly Related to State Secrets

1. The authority to decide on providing and transferring State Secrets to agencies, organizations, and Vietnamese individuals assigned to tasks directly related to State Secrets is defined as follows:

a) The authorized person as stipulated in Clause 1, Article 4 of this Circular decides on the provision and transfer of state secrets at the "Top Secret" level.

b) The authorized person as stipulated in Clause 2, Article 4 of this Circular decides on the provision and transfer of state secrets at the "Very Secret" level.

c) The authorized person as stipulated in Clause 2, Article 4; Point b, Point c, Clause 3, Article 4 of this Circular decides on the provision and transfer of state secrets at the "Secret" level.

2. Agencies and organizations requesting the provision and transfer of state secrets must submit a written request to the authorized person deciding on the provision and transfer of state secrets. The request must clearly state: the name of the agency or organization; the representative of the agency or organization; the state secrets requested for provision and transfer; the purpose of use and commitment to protect state secrets.

3. Individuals requesting the provision and transfer of state secrets must submit a written request to the authorized person deciding on the provision and transfer of state secrets. The request must clearly state: full name; Citizen Identification Card number, Identity Card number, Passport number, or Military or Police issued identification number; contact address; job position; the state secrets requested for provision and transfer; the purpose of use and commitment to protect state secrets.

4. In cases where the provision and transfer of State Secrets is refused, the authorized person deciding on the provision and transfer of State Secrets must respond in writing and specify the reasons.

5. The template for the request for the provision and transfer of state secrets shall be implemented according to Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security regarding forms used in state secret protection work.

Article 9. Supplying and transferring state secrets to foreign agencies, organizations, and individuals

1. The authority to decide on supplying and transferring state secrets to foreign agencies, organizations, and individuals shall be as follows:

a) The Prime Minister decides on the provision and transfer of state secrets at the "Top Secret" level.

b) The Minister of Planning and Investment decides on the provision and transfer of state secrets at the "Very Secret" and "Secret" levels within their jurisdiction.

2. State secrets can only be provided and transferred to foreign agencies, organizations, or individuals participating in international cooperation programs or performing duties related to state secrets.

3. Foreign agencies, organizations, or individuals requesting the provision and transfer of state secrets must submit a written request to the leading unit of the international cooperation program or duty related to state secrets. The request must clearly state: the name of the agency or organization, the representative of the agency or organization or individual; nationality, Passport number, position of the representative or individual; the state secrets requested for provision and transfer; the purpose of use, commitment to protect state secrets, and not to provide or transfer to third parties without written consent from the provider or transferrer.

4. The leading unit of the international cooperation program or duty related to state secrets has the responsibility to forward the request of foreign agencies, organizations, or individuals as stipulated in Clause 3 of this Article to the authorized person deciding on the provision and transfer of state secrets.

5. In cases where the provision and transfer of state secrets are refused, the authorized person deciding on the provision and transfer of state secrets must respond in writing and specify the reasons.

6. The template for the request for the provision and transfer of state secrets shall be implemented according to Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security regarding forms used in state secret protection work.

Article 10. Organizing conferences, seminars, meetings containing state secrets in the fields of planning, investment, and statistics

1. Competence to decide on organizing conferences, seminars, meetings containing state secrets:

a) In cases without foreign elements, the person authorized to provide and transfer state secrets according to each level of confidentiality as stipulated in Clause 1, Article 8 of this Circular shall decide on organizing the conference, seminar, meeting.

b) In cases with foreign elements, the person authorized to provide and transfer state secrets according to each level of confidentiality as stipulated in Clause 1, Article 9 of this Circular shall decide on organizing the conference, seminar, meeting.

2. The decision of the competent authority allowing the organization of the conference, seminar, meeting must be in writing.

3. Conferences, seminars, meetings containing state secrets in the fields of planning, investment, and statistics shall be organized in closed meeting rooms at the workplace of the agency or unit. In cases where they are organized outside the workplace, the head of the agency or unit organizing the conference, seminar, meeting shall be responsible for requesting the Ministry of Public Security or provincial-level public security organs to inspect security and safety within and around the area where the conference, seminar, meeting takes place.

4. Means and equipment used in conferences, seminars, and meetings with state secret contents

a) Conferences, seminars, meetings containing state secrets must use wired microphones and other means and equipment that have been inspected for security and safety by the Ministry of Public Security or provincial-level public security organs before installation, except for equipment provided by the cryptographic forces. In cases where conferences, seminars, meetings containing state secrets are organized through online video conferencing, the transmission route must be protected in accordance with the laws on cryptography.

b) Participants may not bring devices capable of receiving and transmitting signals, recording audio, or filming into conferences, seminars, meetings containing state secrets classified as "Top Secret" or "Highly Confidential". For conferences, seminars, meetings containing state secrets classified as "Confidential", the use of means and equipment shall be carried out according to the requirements of the chairperson.

c) When necessary, the main organizer of conferences, seminars, meetings containing state secrets may decide to use technical means and equipment to prevent intrusion activities and information collection from outside; use means and equipment to record audio and video for work purposes.

5. Plan for protecting conferences, seminars, and meetings with state secret contents

a) For conferences, seminars, meetings containing state secrets classified as "Top Secret", the Minister of Planning and Investment or the Chairman of the People's Committee of a centrally governed city or province shall chair the decision on arranging security guards and protection outside; anticipate complex situations that may occur and affect security and safety during the organization of the conference, seminar, meeting, and solutions for handling and resolution.

b) Conferences, seminars, meetings containing state secrets organized for two days or more must be sealed after each day of the conference, seminar, meeting.

c) Participants in conferences, seminars, meetings containing state secrets must comply with the requirements of the main organizing agency or unit, and are responsible for protecting and using state secrets in accordance with this Circular and the requirements of the chairperson of the conference, seminar, meeting. In cases where conferences, seminars, meetings contain state secrets classified as "Top Secret", measures must be taken to check compliance with the regulations prohibiting participants from bringing certain means and equipment into the meeting room.

Article 11. Adjustment of Confidentiality Level

1. Adjusting classification levels involves increasing or decreasing the classification level already determined for state secrets.

2. The adjustment of confidentiality level in the fields of planning, investment, and statistics must be based on the State Secret List in the fields of planning, investment, and statistics issued by the Prime Minister under Decision No. 1441/QD-TTg dated September 23, 2020, and relevant provisions of the Law on Protecting State Secrets 2018.

3. The head of the agency or unit that determines the confidentiality level of state secrets has the authority to decide on adjusting the confidentiality level of state secrets.

4. After issuing the decision to adjust the confidentiality level, the agency or unit adjusting the confidentiality level must stamp or have a document or other form indicating the increase or decrease in the confidentiality level.

5. Within the latest 15 days from the date the authorized person according to Clause 3 of this Article decides to adjust the confidentiality level, the unit adjusting the confidentiality level must notify in writing to related agencies, organizations, and individuals.

Agencies and units receiving notifications about the adjustment of the confidentiality level are responsible for stamping or having a document or other form indicating the corresponding adjustment of the confidentiality level for state secrets within their management scope.

6. The model for the stamp adjusting the confidentiality level shall be implemented in accordance with Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security regarding forms used in state secret protection work.

Article 12. Declassification

1. Declassification is the removal of the classification level from state secrets.

2. State secrets are automatically declassified in the following cases:

a) Expiration of the protection period, expiration of the extended protection period of state secrets as stipulated in Articles 19 and 20 of the Law on Protecting State Secrets.

b) No longer included in the list of state secrets. In this case, the agency or unit determining the state secret must stamp or have a document or other form indicating declassification and notify in writing to related agencies, organizations, and individuals.

3. State secrets may be fully or partially declassified when necessary to meet practical requirements for protecting national interests, ethnic interests, economic and social development, national defense, security, integration, and international cooperation. In such cases, agencies and units must proceed with declassification according to the following procedures and formalities:

a) The heads of agencies and units in the planning, investment, and statistics sector determine state secrets establish a Declassification Board.

b) The Declassification Board includes representatives of the leadership of the agency or unit determining the state secret as the Chairman of the Board and representatives of related agencies and units.

c) The Declassification Board is responsible for reviewing the declassification, reporting to the head of the agency or unit in the planning, investment, and statistics sector determining the state secret to issue a declassification decision.

d) In the case of partial declassification, the declassified content must be included in the declassification decision, and within the latest 15 days from the date of the declassification decision, the agency or unit conducting the declassification must notify in writing to related agencies, organizations, and individuals to implement stamping for declassification or have a document confirming the declassification for documents and items containing state secrets managed by them.

e) In the case of full declassification of state secrets, after the declassification decision is made, it must be stamped for declassification or have a document confirming the declassification, and within the latest 15 days from the date of the declassification decision for state secrets, the agency or unit conducting the declassification must notify in writing to related agencies, organizations, and individuals to stamp for declassification or have a document confirming the declassification for documents and items containing state secrets managed by them.

f) The declassification file must be stored including the decision to establish the Declassification Board; the state secret proposed for declassification; the minutes of the Declassification Board meeting; the declassification decision and other related documents.

4. The model for the stamp declassifying shall be implemented in accordance with Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security regarding forms used in state secret protection work.

Article 13. Destruction of State Secrets Documents and Carriers

1. The cases for implementing the destruction of State secrets documents and carriers include:

a) When it is not necessary to retain them and the destruction does not cause harm to national interests.

b) If failure to destroy them will cause harm to national interests.

2. The destruction of State Secrets documents and carriers must meet the following requirements:

a) To prevent the leakage or loss of State secrets.

b) For secret documents printed on paper, they must be burned or torn and ground up to the point where they cannot be pieced back together.

c) For secret documents stored in the form of tapes, floppy disks, photographic films, storage devices other than USB ports, and similar media, the destruction must alter their entire shape and functionality so that they cannot be recovered, exploited, or used.

3. Authority for the destruction of State Secrets documents and carriers is defined as follows:

a) The person authorized under Clause 1 and Clause 2, Article 4 of this Circular has the authority to decide on the destruction of State secrets documents and carriers.

b) Civil servants and employees managing State secrets documents and carriers have the right to decide on destruction in the case specified in point b, Clause 1 of this Article and report in writing to the authorized person specified in point a of this Clause about the destruction.

4. The destruction of State Secrets documents and carriers in the case specified in point a, Clause 1 of this Article is regulated as follows:

a) The person authorized under point a, Clause 3 of this Article decides to establish a Committee for the Destruction of State secrets documents and carriers.

b) The Committee for the Destruction of State secrets documents and carriers includes representatives from the leadership of the agency or unit directly storing State secrets documents and carriers as the Chairman of the Committee; the person directly storing State secrets documents and carriers and representatives from related agencies and organizations.

c) The Committee for the Destruction of State secrets documents and carriers is responsible for reviewing the State secrets documents and carriers proposed for destruction, reporting to the authorized person specified in point a, Clause 3 of this Article to issue a decision on destruction.

d) The Committee for the Destruction of Secret Documents is responsible for compiling a complete list of each secret document to be destroyed, including the number of official letters, copies, and key points of the document. The content of the record must reflect the method, procedure, and person carrying out the destruction of secret documents according to the law. The record must have the full signatures of all members of the Committee for the Destruction.

e) The destruction file must be kept, including the decision to establish the Committee for the Destruction; the list of State secrets documents and carriers proposed for destruction; the record of the Committee for the Destruction; the decision on destruction, the record of destruction, and other relevant documents.

Article 14. Assignment of Civil Servants (Employees) to Perform Tasks for Protecting State Secrets

1. The Ministry of Planning and Investment is responsible for assigning civil servants to perform specialized tasks for protecting State secrets at the Ministry.

2. Units subordinate to and under the Ministry are responsible for assigning civil servants (employees) to concurrently perform tasks for protecting State secrets at the unit or at the archive, administrative, and consolidation departments.

3. The General Statistics Office is responsible for assigning civil servants, (employees) to concurrently perform tasks for protecting State secrets at units under the General Statistics Office and guiding the Provincial/City Statistics Bureaus to assign civil servants, (employees) to perform tasks for protecting State secrets at the Bureau.

4. Provincial/City Departments of Planning and Investment under the central government are responsible for assigning civil servants (employees) to concurrently perform tasks for protecting State secrets at the Department.

Article 15. Reporting System for State Secrets Protection Work

1. Units under and affiliated with the Ministry of Planning and Investment:

a) Develop annual and five-year reports on state secrets protection work to be submitted to the Ministry's Office for consolidation.

b) Submit ad hoc reports when there are inspection teams from competent authorities regarding state secrets protection work, or when incidents of state secrets leakage or loss occur, or when violations of laws on state secrets protection are discovered, or upon request from the Ministry's leadership.

2. Provincial Departments of Planning and Investment:

a) Develop annual and five-year reports on state secrets protection work to be submitted to provincial police departments as required.

b) Submit ad hoc reports when there are inspection teams from competent authorities regarding state secrets protection work, or when incidents of state secrets leakage or loss occur, or when violations of laws on state secrets protection are discovered, or upon request from provincial police departments.

3. Time Limits:

a) The period for finalizing data in the annual reporting system: From December 15 of the year preceding the reporting period to December 14 of the reporting period.

b) Deadline for submitting annual reports: The deadline for agencies and units specified in Clause 1 and Clause 2 of this Article to submit their annual reports to the lead unit as prescribed.

4. Content of Reports on State Secrets Protection Work:

a) Analysis and assessment of situations related to state secrets protection work.

b) Results of state secrets protection work; strengths, limitations, difficulties, obstacles, causes, and lessons learned in directing and implementing such work.

c) Situations and statistics of state secrets leakage and loss; causes and measures taken to address and mitigate consequences.

d) Forecasting situations; planning key tasks for state secrets protection and recommendations.

Article 16. Responsibilities of Heads of Agencies and Units in Organizing State Secrets Protection Work within the Planning, Investment, and Statistics Sector

1. The Ministry of Planning and Investment's Office shall be responsible for:

a) Serving as the focal point for state secrets protection work within the Ministry.

b) Monitoring, urging, and inspecting compliance with laws on state secrets protection by units under and affiliated with the Ministry.

c) Taking the lead and coordinating with units within the Ministry to develop regular and ad hoc reports to be submitted to the Ministry of Public Security as prescribed.

d) Annually, based on the requirements of state secrets protection work by units under and affiliated with the Ministry, preparing the budget for state secrets protection work, which will be included in the Ministry's annual state budget according to regulations.

2. Heads of agencies and units in the planning, investment, and statistics sector shall be responsible for:

a) Implementing state secrets protection work within their jurisdiction.

b) Regularly inspecting, urging, and being accountable under the law for the implementation of state secrets protection regulations within their units.

c) Developing internal rules for state secrets protection within their agencies and units.

d) Managing and using funds and facilities for state secrets protection work in accordance with the law.

Chapter III
IMPLEMENTATION

Article 17. Awards and Disciplinary Actions

1. Agencies, units, and individuals who achieve outstanding results in state secrets protection work shall be awarded in accordance with current regulations.

2. Individuals who leak state secrets, lose classified documents, or obstruct the implementation of state secrets protection work may be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the severity of the violation, in accordance with current laws.

Article 18. Effective Date

This Circular takes effect from November 15, 2020, and replaces Decision No. 995/2008/QĐ-BKH dated August 5, 2008, issued by the Minister of Planning and Investment on the Regulations for State Secrets Protection in the Planning and Investment Sector.

Article 19. Responsibility for Implementation

1. Heads of units under and affiliated with the Ministry; Directors of Provincial Departments of Planning and Investment and relevant agencies, units, organizations, and individuals shall be responsible for implementing this Circular.

2. In cases where legal regulatory documents and other documents cited in this Circular are amended, supplemented, or replaced by other legal regulatory documents and other documents, the corresponding Articles, Clauses, and Points in the amended, supplemented, or replacing documents shall apply.

3. During the implementation process, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, units, and individuals shall promptly report to the Ministry of Planning and Investment (through the Ministry's Office) for guidance.