Circular No. 09/2014/TT-BVHTTDL on the protection of state secrets in the cultural, sports, and tourism sector

CIRCULAR

Article 24||| Regulations on the protection of state secrets in the cultural, sports, and tourism sector

||| cultural, sports, and tourismh

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Pursuant to the Ordinance on Protection of 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 Protection of State Secrets;

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

||| Pursuant to 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 the Protection of State Secrets;

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 Culture, Sports and Tourism issues this Circular regulating the protection of state secrets in the cultural, sports, and tourism sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| This Circular regulates the protection of state secrets in the cultural, sports, and tourism sector.

Article 2. Applicability

||| This Circular applies to agencies, units, and individuals working in the cultural, sports, and tourism sector.

Article 3. Prohibited acts

1. Collecting, providing, disclosing, losing, appropriating, buying, selling, or illegally destroying documents and objects carrying state secrets in the cultural, sports, and tourism sector.

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

3. Connecting internal computer networks to the Internet, exchanging, storing information, documents, and objects carrying state secrets on computers connected to the Internet.

4. Using mobile phones or devices with recording functions during meetings containing state secrets.

5. Exchanging information containing state secrets through walkie-talkies, mobile phones, extended telephones, fax machines without permission from competent authorities.

Chapter II

SPECIFIC PROVISIONS

Article 4. Competent authority in state secret protection work

1. Authority to print, copy, photograph, destroy documents and objects carrying state secrets; provide information, documents, and objects carrying state secrets to agencies, units, and Vietnamese citizens:

a) State secrets at the "Top Secret" and "Highly Confidential" levels shall be approved by the Minister of Culture, Sports and Tourism.

b) State secrets at the "Confidential" level shall be delegated by the Minister of Culture, Sports and Tourism to the heads of units under the Ministry and Directors of Provincial Departments of Culture, Sports and Tourism for approval.

c) Those authorized under point b 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 at the "Top Secret" level shall be approved by the Prime Minister.

b) State secrets at the "Highly Confidential" level shall be approved by the Minister of Public Security.

c) State secrets at the "Confidential" level shall be approved by the Minister of Culture, Sports and Tourism.

Article 5. Standards and requirements for individuals directly involved in state secret-related work

1. Standard

Must have good moral character, organizational discipline awareness, sense of responsibility, alertness in protecting state secrets; possess professional expertise and capability to fulfill assigned tasks and must commit to protecting state secrets in writing; the written commitment shall be submitted to the security department of the agency or organization responsible for storage.

2. Requirements

a) Individuals assigned tasks involving contact with state secrets in any form must strictly comply with all provisions of this Circular and other relevant laws on state secret protection work;

b) Individuals handling documents and objects carrying state secrets shall be tasked with receiving, processing, storing, managing confidential documents, managing confidentiality seals, and affixing classification seals, retrieval seals on documents according to the instructions of authorized persons.

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

The heads of agencies and units under the Ministry of Culture, Sports and Tourism and the Directors of Provincial Departments of Culture, Sports and Tourism directly under the central government shall be responsible for determining the list of state secrets in the cultural, sports, and tourism sector based on the following criteria:

1. In the first quarter of each year, review the list of state secrets within the scope of management of their agencies and units to establish a list that is no longer appropriate, requires changes in the level of confidentiality, declassification, or identification of new confidential contents, and report to the Minister of Culture, Sports and Tourism regarding proposals to amend and supplement the list of state secrets according to the provisions of the law.

2. During the implementation process, if they discover information or documents containing content that needs to be kept secret outside the issued list; information or documents requiring changes in the level of confidentiality must be reported to the competent authority for consideration and decision.

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

1. The head of the agency or unit is responsible for ensuring confidentiality during the drafting, printing, copying, and photographing of documents and objects carrying state secrets of their agency or unit.

Copying and photographing documents and objects carrying state secrets must be approved in writing by the head of the agency or unit and clearly record the quantity of documents being performed.

2. Drafting, printing, copying, and photographing documents and objects carrying state secrets must be conducted within the agency or unit at a location specified by the head of the agency or unit who directly manages classified documents, and shall not be taken out of the agency or unit. Computers connected to the Internet shall not be used to draft, print, or store classified documents. When required, drafting must be done on systems and equipment that have been inspected and meet safety and security conditions.

3. The head of the agency or unit may only assign individuals within the agency or unit who meet the standards stipulated in Article 5 of this Circular to perform tasks related to drafting, printing, copying, and photographing documents and objects carrying state secrets; external individuals shall not be hired.

4. Individuals responsible for drafting, printing, copying, and photographing documents and objects carrying state secrets must print, copy, and photograph the correct number of documents as prescribed, affix the level of confidentiality stamp, recall stamp (if necessary), page numbering, number of copies, quantity printed, circulation range, name of the drafter, and name of the typist.

For confidential documents copied or photographed in tape, disc, film, or recording form, they must be sealed and stamped with the level of confidentiality. Under no circumstances should typing or printing exceed the prescribed quantity. After completion, any drafts must be checked and destroyed.

5. 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 confidentiality according to the list; the person reviewing and signing the document is responsible for determining the level of confidentiality, the number of copies issued, and the circulation range. For objects carrying state secrets, they must be sealed, accompanied by a document clearly stating the name of the object, and the level of confidentiality must be stamped on this document.

6. When organizing to solicit opinions to draft documents containing state secrets for relevant sectors, units, and individuals, the agency or unit primarily responsible for drafting must clearly define the scope and targets and affix the necessary confidentiality level stamps on the draft before sending it for comments. Agencies, units, and individuals receiving the draft must manage and use it according to the confidentiality level marked on the draft.

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

1. Individuals handling documents and objects carrying state secrets of the agency or unit are responsible for managing and affixing various types of stamps according to the instructions of the head of the agency or unit or the competent authority.

2. The level of confidentiality and the model of stamps used in protecting state secrets shall be implemented in accordance with the provisions of Circular No. 12/2002/TT-BCA 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 detailing the implementation of the Ordinance on Protecting State Secrets.

3. The confidentiality level stamp is placed below the document's code number, while the recall stamp is placed at the top right corner of the document.

a) The recall stamp for documents carrying state secrets is used when confidential documents are only distributed for a specific period, and users must return them to the issuing entity after the designated time. When affixing the "Recall Document" stamp on the distributed document, the date and time of document recall must be clearly stated below.

b) The "Only named recipient may open" stamp is used when transferring state secrets classified as "Top Secret," ensuring that only the named recipient can open the envelope to maintain the secrecy of the document. The department transferring the document must deliver it directly to the named recipient before the envelope is opened.

4. The ink used for stamping must be bright red ink.

Article 9. Transporting and Delivering State Secrets Documents and Objects

1. Transporting and delivering state secrets documents and objects within the country shall be carried out by confidentiality officers or dedicated liaison officers of agencies and organizations. If transported via postal service, it must comply with specific regulations of the postal sector.

2. Transporting and delivering state secrets documents and objects between domestic agencies and organizations and those of the Vietnamese State abroad shall be conducted by diplomatic liaison forces.

3. All cases of transporting and delivering state secrets documents and objects through liaison units must be carried out according to the principle of confidentiality and sealing.

4. The handover of state secrets documents and objects in all cases must be recorded in a transfer logbook, signed directly by both the sender and recipient at the workplace, ensuring safety in accordance with the regulations of the agency or unit's head responsible for state secrets documents and objects.

5. When transporting state secrets documents and objects, there must be sufficient preservation means and security personnel to ensure safety during transportation.

6. Sending State Secrets Documents and Objects

State secrets documents and objects sent must not be mixed in the same envelope with regular documents. Envelopes for sending state secrets documents and objects must be made of high-quality paper with low water absorption, sturdy, difficult to peel, and opaque, sealed tightly. Sending state secrets documents and objects must use two envelopes, the outer envelope clearly marked with the number and code of the state secrets documents and objects, the name of the recipient, stamped with the level of secrecy symbol, without writing the words "Confidential", "Top Secret", "Secret". When state secrets documents and objects are sent specifically to a person responsible for handling them, stamp "Only named person may open".

7. Receiving State Secrets Documents and Objects

a) All state secrets documents and objects from any source must go through the office's document department, recorded in the "Confidential Documents Received" logbook for tracking and transferring to the responsible handler;

b) In case the inner envelope of state secrets documents and objects received bears the stamp "Only named person may open", the document officer records the number on the outer envelope and immediately transfers it to the named person. If the named person is absent, call to seek instructions to transfer to the authorized handler. The document officer must not open the envelope;

c) In case state secrets documents and objects received show that the sender did not follow the correct confidentiality procedures, the document department must transfer them to the responsible handler and inform the sender for future reference. Upon discovering signs of opening, tampering, loss, damage of state secrets documents and objects received, the recipient must prepare a confirmation report and immediately report to the agency or unit's head for prompt action.

8. Retrieval of Confidential Documents and State Secrets Objects

Confidential documents and state secrets objects bearing stamps "For Retrieval" or "Object For Retrieval" must be tracked and retrieved or returned to the sender within the specified time frame. Both when receiving and returning, thorough checks and comparisons must be made to ensure no loss of documents or objects.

Article 10. Using, disseminating, researching, and studying state secrets-carrying materials and objects

Clause 1. The use, dissemination, research, and study (hereinafter referred to collectively as "use") of state secrets-carrying materials and objects must be reviewed and approved by the Ministry's leadership or the head of the agency or unit and bear responsibility in accordance with regulations.

Clause 2. When using state secrets-carrying materials and objects, the head of the agency or unit must inform the individual or department implementing the task about the level of confidentiality of the material or object; the individual assigned to carry out the task shall not disclose the content of the material or object.

3. The use of materials and objects carrying state secrets must be within the scope, subjects, addresses, and at places ensuring safety as prescribed by the Head of the agency or unit.

Clause 4. Individuals disseminating or assigning tasks to use state secrets-carrying materials and objects must strictly follow the content assigned by superiors and have the responsibility to remind listeners, researchers, and studiers to keep the information confidential.

Clause 5. Recording, audio recording, video recording of state secrets-carrying materials and objects can only be done with the permission of the head of the agency or unit directly managing state secrets that need to be disseminated. Individuals who listen, understand, record, audio record, film, or photograph state secrets-carrying materials and objects must comply with the regulations of the agency or unit head or the person in charge; they must store and use disseminated state secrets-carrying materials and objects as original documents. Management and use of audio recordings, video recordings, films, and photographs with confidentiality levels must be protected according to the management regime for state secrets-carrying materials and objects.

Clause 6. Repairing or replacing computers used for typing and storing secret information can only be carried out within the agency or unit premises and must be performed by responsible individuals or supervised. When replacing the hard drive of a computer containing information on state secrets-carrying materials and objects, the information in the old hard drive must be deleted or destroyed; if it is damaged, it must be destroyed according to regulations.

Clause 7. Individuals traveling outside the agency or unit, including working at home, may not carry state secrets-carrying materials and objects. In necessary cases, approval from the agency or unit head is required. Only relevant materials and objects related to assigned tasks may be carried, registration with the security department of the agency or unit is required; absolute safety must be ensured during transportation; upon return, a security officer must check and return the materials and objects to the agency or unit. Handover must be recorded in the logbook for state secrets-carrying materials and objects.

Clause 8. In necessary cases, individuals carrying state secrets-carrying materials and objects abroad for work or scientific research must obtain permission and approval from the Minister of Culture, Sports and Tourism or a person authorized by the Minister.

During the time abroad, appropriate measures must be taken to manage and protect the confidentiality of carried materials; in case of loss, immediate report to the competent authority and the Vietnamese Embassy in the host country for prompt handling.

Article 11. Statistics, storage, and preservation of state secrets-carrying materials and objects

Clause 1. Agencies and units under the Ministry of Culture, Sports and Tourism, Department of Culture, Sports and Tourism must establish statistical registers for all types of confidential materials managed by the agencies and units in chronological order and by degree of confidentiality. The statistical register includes existing confidential materials or those generated during the operation of the agency or unit or received from external sources.

Clause 2. Confidential materials must be strictly stored and preserved in a place ensuring absolute safety as specified by the agency or unit head. Outside working hours, confidential materials must be securely locked in cabinets or safes.

Depending on the nature of each location where confidential materials are stored, appropriate protective measures must be applied based on the principle of ensuring absolute safety and strict internal rules; unauthorized individuals must not enter.

Clause 3. Agencies and units tasked with preserving state secrets-carrying materials and objects are responsible for managing, preserving, and providing timely, truthful, and compliant information about state secrets-carrying materials and objects.

4. Classified documents reaching their retention period must be submitted to the agency's archive warehouse to implement technical measures for preservation in compliance with regulations.

Clause 5. Individuals must hand over state secrets-carrying materials and objects to the agency or unit before retirement.

Article 12. Protection of State Secrets in Telecommunications and Mass Information

1. All contents within the scope of State secrets in the cultural, sports, and tourism sector transmitted via wireless communication means, telegrams, faxes must be encrypted according to the provisions of the Cryptography Law. Content of secret documents shall not be exchanged through wireless microphones, walkie-talkies, mobile phones, fixed-line telephones, cordless telephones, or fax machines.

2. Agencies, units, and individuals may only provide information related to State secrets in accordance with approved content. The recipient of information related to State secrets shall not disclose such information and shall not provide it to third parties. The content of the information provided must be recorded in a protocol and reported back to the authorized individual who approved the provision of the information. The protocol and secret documents must be returned to the security department of the agency or unit after the information has been provided.

Article 13. Procedures for Reviewing and Providing Documents and Objects Containing State Secrets to Agencies, Units, and Vietnamese Citizens

1. Individuals assigned the task of researching and collecting information within the scope of State secrets in the cultural, sports, and tourism sector must have a national identity card accompanied by an introduction letter from the agency specifying the content, requirements for research and collection, and must obtain approval from the competent authority of the agency or unit that retains the secrets.

2. Agencies, units, and individuals providing information may only do so according to the approved content. The recipient of the information shall not disclose it and shall not provide it to third parties. The content of the meeting on providing information must be documented in writing to report to the individual who approved the provision of the information and submitted to the security department of the agency or unit.

Article 14. Protection of State Secrets in Foreign Relations Activities

1. Agencies, units, and individuals in the cultural, sports, and tourism sector engaging in contact with foreign organizations and individuals shall not disclose State secrets.

2. When implementing international cooperation programs or performing official duties, if there is a requirement to provide information within the scope of state secrets to foreign organizations and individuals, they must comply with the following principles:

a) Protect national interests.

b) Only provide information that has been reviewed and approved by the competent authority according to regulations.

Article 15. Destruction of Documents Containing State Secrets

1. When organizing the destruction of documents containing State secrets, a Committee for the Destruction of Documents Containing State Secrets must be established.

a) The Committee for the Destruction of Documents Containing State Secrets includes: the head of the agency or unit holding the secret documents as the Chairman of the Committee; representatives of agencies, units, or departments directly managing the secret documents, security officers, and representatives of relevant agencies and units participating as decided by the Chairman of the Committee;

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

- Not disclosing or leaking the contents of classified documents;

- For secret documents printed on paper, they must be burned, torn, and ground until they cannot be pieced together and restored;

- For secret documents that are objects carrying State secrets (tapes, discs, films), their entire shape must be altered and their functionality destroyed so that they cannot be recovered, exploited, or used;

c) A protocol must be established to fully record the list of secret documents that have been destroyed, including the document number, number of copies, and key content of the documents. The content of the protocol must reflect the method, sequence, and individuals responsible for the destruction of secret documents. The protocol must contain signatures of all participants and then submitted for retention at the security department of the agency or unit.

For cryptographic materials, the destruction process must follow the regulations of the Government Cryptography Board.

2. Files on declassification and destruction of State secrets must be retained for at least 20 years.

Article 16. Commitment to Protect State Secrets

1. Individuals assigned to work in confidentiality must sign a commitment to protect state secrets for inclusion in their personnel files at the agency or unit.

2. Individuals who come into contact with (hear, study, use) information and documents classified as "Top Secret" or "Secret" must commit to protecting state secrets by listing their full name, position, unit, and the specific confidential contents they have accessed, and signing it. The head of the agency or unit, or an authorized individual, is responsible for compiling this list, signing it together, and submitting it for retention at the security department of the managing agency or unit.

Article 17. Inspection of State Secret Protection Work

1. The Office assists the leadership of the Ministry of Culture, Sports and Tourism in conducting inspections of state secret protection work within the cultural, sports, and tourism sector through two methods: surprise inspections or regular inspections at least twice a year. Each year, plans and programs for regular or surprise inspections are developed and submitted to the ministry leadership for approval.

2. Heads of agencies and units, Departments of Culture, Sports and Tourism must regularly inspect and urge compliance with confidentiality regulations within their agencies and units. Upon discovering issues of state secret leakage, they must promptly report to the security agency and take measures to prevent harm from occurring.

Article 18. Reporting System for State Secret Protection Work

1. Annually, agencies and units under the Ministry, Departments of Culture, Sports and Tourism compile comprehensive reports on state secret protection work and submit them to the Ministry of Culture, Sports and Tourism through the Ministry's Office for consolidation and reporting to competent authorities as prescribed by law.

2. Units must report when requested by the Ministry to serve working groups, inspections, or checks; and report immediately in case of sudden incidents affecting state secret protection work.

3. Reporting formats

a) Regular report: a comprehensive report on the implementation of confidentiality work by the agency or unit, once a year, concurrently with the annual work report signed by the head of the agency or unit.

b) Immediate report: an immediate report on sudden incidents that harm state secrets, such as unauthorized disclosure, transfer, or leakage of state secrets in any form; loss or theft of confidential documents.

The report must fully record the location and time of the incident, while simultaneously taking immediate measures to inspect, verify, investigate, retrieve, prevent, and mitigate potential harm within the scope of management of the agency or unit.

Chapter III

IMPLEMENTATION

Article 19. Responsibility for Implementation

1. Implementing state secret protection work in the cultural, sports, and tourism sector is the responsibility of agencies, units, and individuals both within and outside the sector. Within their assigned functions, tasks, and authority, heads of subordinate agencies and units of the Ministry, and Directors of Departments of Culture, Sports and Tourism shall organize the implementation of this Circular.

2. The Ministry of Culture, Sports and Tourism's Office oversees, guides, inspects, and compiles the situation of state secret protection work throughout the cultural, sports, and tourism sector, and reports to the Minister as prescribed.

Article 20. Effective Date

1. This Circular takes effect from November 14, 2014.

2. During the implementation process, if there are difficulties, agencies, units, and individuals are advised to reflect these issues to the Ministry of Culture, Sports and Tourism (through the Ministry's Office) for consideration and resolution./.