Circular No. 104/2021/TT-BCA on the protection of state secrets in the People's Public Security Forces

CIRCULAR

Regulations on the protection of state secrets

within the People's Public Security Force

BASED ON THE LAW ON STATE SECRECY PROTECTION 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. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE INTERNAL POLITICAL SECURITY BRIGADE;

The Minister of Public Security issues this Circular to regulate the work of protecting state secrets within the People's Public Security Forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the determination of state secrets and the level of confidentiality of state secrets; copying, photographing, statistics, storage, preservation, transportation, delivery, receipt, removal from storage locations, destruction of documents and objects containing state secrets; provision and transfer of state secrets; organization of conferences, seminars, meetings with state secret contents; extension of the period for protecting state secrets; adjustment of the level of confidentiality; declassification; responsibilities of public security units at all levels; assignment of officers to perform state secret protection tasks; information and reporting systems on state secret protection work.

Article 2. Applicability

This Circular applies to officers, non-commissioned officers, soldiers, students of the People's Public Security Forces (hereinafter collectively referred to as officers and soldiers); public security units at the team, station, post, battalion, commune, ward, town level or higher (hereinafter referred to as public security units); and relevant agencies, organizations, and individuals.

Chapter II

SPECIFIC PROVISIONS

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

1. The head or deputy authorized by the public security unit who issues, publishes documents or creates objects containing state secrets shall be responsible for determining state secrets and the level of confidentiality of state secrets.

The authorization to determine state secrets and the level of confidentiality of state secrets must be reflected in the internal regulations on state secret protection or work rules or annual task assignment documents of the unit, clearly defining the scope, content, and duration of the authorization.

The authorized deputy must be accountable to the superior and the law, and may not delegate further to others.

2. The determination of state secrets and the level of confidentiality of state secrets must be based on the list of state secrets in various fields issued by the Prime Minister and the provisions of the Law on Protection of State Secrets.

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

a) When drafting or creating information included in the list of state secrets, officers and soldiers must propose the competent authority specified in Clause 1 of this Article to determine state secrets, basis for determining the level of confidentiality, level of confidentiality of state secrets, recipients, number of copies to be issued, permission or prohibition to copy or photograph state secret documents or objects in the Memorandum, Approval Form, signed document or "Document Determining the Level of Confidentiality for Objects, Locations, Speeches, Activities, Other Forms Containing State Secrets," and bear responsibility for protecting the content of state secrets during the drafting or creation process. State secret documents must be stamped with "Original Copy," confidentiality level stamp; indicate recipients, number of copies to be issued, name of the drafter, permission or prohibition to copy or photograph in the recipient section of the document. In the case of electronic documents, the drafter must create a confidentiality level stamp on the document after obtaining approval from the competent authority to determine state secrets and their level of confidentiality; when printing electronic documents for issuance, they must be stamped with the confidentiality level stamp according to regulations.

For recurring documents such as special reports, periodic reports with the same level of confidentiality, the competent authority specified in Clause 1 of this Article shall determine the level of confidentiality once for that type of document.

b) When receiving information included in the list of state secrets but not yet determined as state secrets, officers and soldiers must report and propose the competent authority specified in Clause 1 of this Article to determine it according to the procedures and formalities specified in Point a of this Clause or transfer it to the agency or organization for determination according to its authority. Received information must be protected to ensure that there is no leakage or loss during the reception and processing.

Draft documents containing state secret contents when sent out must include a document requesting the recipient to take responsibility for protecting the draft content to ensure no leakage or loss occurs.

5. Models of confidentiality level stamps, "Original Copy" stamps, and "Document Determining the Level of Confidentiality for Objects, Locations, Speeches, Activities, Other Forms Containing State Secrets" shall be implemented according to the Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security on the forms used in state secret protection work.

Article 4. Copying and photographing state secrets documents and carriers

1. The authorized persons to permit copying and photographing of state secrets documents and carriers classified as Top Secret include:

a) The Minister of Public Security;

b) The Director, Commander, and equivalent positions of units under the Ministry;

c) The Director of Public Security of provinces and centrally-administered cities;

d) Deputy-level officials of those persons specified in points a, b, and c of this Clause.

2. The authorized persons to permit copying and photographing of state secrets documents and carriers classified as Confidential and Secret include:

a) Those persons specified in Clause 1 of this Article;

b) Heads of public service units under the Ministry of Public Security;

d) Deputy-level officials of those persons specified in points b and c of this Clause.

3. Copying and photographing of state secrets documents and carriers shall be carried out as follows:

a) After being permitted by the authorized persons specified in Clauses 1 and 2 of this Article, the person assigned to carry out the copying and photographing of state secrets documents and carriers shall proceed with the task.

b) Copies of state secrets documents must bear the stamp "Copy Number" on the first page and the stamp "State Secrets Copy" on the last page of the document, indicating the copy number, form of true copy or transcript, time, quantity, recipient, authority for copying, signature, name of the authorized person, and the seal of the People's Public Security unit (if applicable);

In cases where multiple copies are made, it may be done from the first copy already signed by the authorized person, stamped with "Copy Number" and "State Secrets Copy," noting the form of copying, time, quantity, recipient of the copy. Then, the seal of the People's Public Security unit must be affixed on each copy. For People's Public Security units without their own seals, the authorized person must sign directly on the model stamp "State Secrets Copy."

c) Extracts of copies of state secrets documents must be carried out according to the "Extract Copy Document" model, indicating the full content of the extract, time, quantity, recipient, authority for copying, and the seal of the People's Public Security unit (if applicable). The extract must bear the corresponding classification stamp of the original document.

d) Photographs of state secrets documents and carriers must have a "Document Recording the Photographing of State Secrets Documents and Carriers," indicating the name, type of state secrets documents and carriers, classification level, time, quantity, recipient, person conducting the photographing, authority for photographing, and the seal of the People's Public Security unit (if applicable).

e) Copying and photographing must be recorded in the "Register for Managing Copying and Photographing of State Secrets" for management and monitoring.

5. Copying and photographing of encrypted communications shall be carried out in accordance with the laws on cryptographic matters.

6. The models of the stamps "Copy Number," "State Secrets Copy"; the "Extract Copy Document" model; the "Document Recording the Photographing of State Secrets Documents and Carriers" model; and the "Register for Managing Copying and Photographing of State Secrets" model shall be implemented according to the provisions of Circular No. 24/2020/TT-BCA.

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

1. Annually, People's Public Security units must conduct statistics on state secrets documents and carriers received and issued according to chronological order and each level of confidentiality.

2. State secrets documents and carriers shall be stored in specialized files, by subject, field, with detailed statistical tables attached, and must be protected by appropriate measures to ensure safety as prescribed by the head of the People's Public Security unit.

3. The place for storing and preserving state secrets documents and carriers must be constructed solidly; entrances and exits must have protective locks; fire prevention, explosion prevention, intrusion prevention, theft prevention equipment must be installed, and there must be a protection plan.

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

1. The transportation, handing over, and receipt of state secrets documents and carriers shall be carried out by officers and soldiers directly involved in state secrets work; liaison officers and clerks of the Ministry of Public Security; liaison officers and clerks of Public Security units and localities. Officers and soldiers directly involved in state secrets work may only transport, hand over, and receive state secrets documents and carriers when instructed by the leadership and command of the People's Public Security unit.

In cases where state secrets documents and carriers are transported through postal services, it shall be implemented in accordance with the laws on postal services.

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

a) Before handing over state secrets documents and carriers, they must be registered in the "State Secrets Documents Departure Register." For state secrets documents and carriers at the "Top Secret" level, only key points may be recorded if authorized by the person responsible for determining state secrets.

b) State secrets documents and carriers must be placed in envelopes or packed separately. Envelope paper must be durable, waterproof, and opaque; adhesive must be strong and difficult to peel off.

In cases of state secrets documents and carriers at the "Top Secret" level, they must be protected by two layers of envelopes: the inner envelope records the number, code of the state secrets documents and carriers, the name of the recipient, stamped with "Top Secret," and sealed with the unit's seal outside the envelope; if sent to a specific person responsible for handling, stamp "Only named person may open." The outer envelope is marked as sending regular documents and stamped with "A."

State secrets documents and carriers at the "Highly Confidential" and "Confidential" levels are protected by one layer of envelope, with the outer envelope stamped with "B" or "C" corresponding to the level of confidentiality of the state secrets documents and carriers inside.

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

a) After receiving state secrets documents and carriers, they must be registered in the "State Secrets Documents Arrival Register."

b) If the envelope of state secrets documents and carriers bears the stamp "Only named person may open," the recipient registers according to the outer envelope code, does not open the envelope, and immediately transfers it to the person named on the envelope. If the named person is absent and the envelope bears the stamp "Urgent," transfer it to the leadership and command of the People's Public Security unit or a person authorized by them to handle it.

c) If state secrets documents and carriers received do not comply with the regulations for protecting state secrets, they must be transferred to the leadership and command of the People's Public Security unit receiving the documents or the person named on the envelope (in the case of specific delivery) for resolution, while simultaneously informing the sender about the measures to rectify the situation. If signs of opening, tampering, loss, damage of state secrets documents and carriers are discovered, the recipient must immediately report to the head of the People's Public Security unit for appropriate action.

4. Handing over state secrets documents and carriers must be done using the "State Secrets Documents Transfer Register."

5. The sender and receiver of state secrets documents and carriers must verify the quantity and check the packaging of state secrets documents and carriers. If discrepancies in quantity or packaging errors are found, the receiver must request the sender to supplement and resolve before registering and signing for receipt.

6. If state secrets documents and carriers bear the stamp "For Recall," the People's Public Security unit or the officer/soldier who has received the state secrets documents and carriers must return them within the time specified on the document.

7. The transfer and receipt of electronic documents containing state secrets via the Internet, computer networks (internal network, wide area network), and telecommunications networks shall be carried out in accordance with the laws on cryptographic communications.

8. The transportation and receipt of cryptographic products shall be carried out in accordance with the laws on cryptographic communications.

9. If state secrets documents and carriers are registered using a database management system on a computer, the content must be complete according to the model of the "State Secrets Documents Departure Register" and the "State Secrets Documents Arrival Register." Computers used for registering state secrets documents and carriers must not be connected to the Internet, computer networks, and telecommunications networks, except as provided by the laws on cryptographic communications.

10. The models of the "State Secrets Documents Departure Register," the "State Secrets Documents Arrival Register," and the "State Secrets Documents Transfer Register" shall be implemented in accordance with Circular No. 24/2020/TT-BCA.

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

1. The act of carrying State Secrets documents and containers out of storage locations for domestic work purposes must be permitted by the head or deputy authorized by the head of the People's Public Security Units directly managing State Secrets.

2. The act of carrying State Secrets documents and containers out of storage locations for foreign work purposes must be permitted by the Minister of Public Security or Deputy Minister authorized and must be reported to the Head of the Work Delegation.

3. When carrying State Secrets documents and containers out of storage locations, officers and soldiers must obtain permission from the authorized person as stipulated in Clause 1 and Clause 2 of this Article. The request for permission to carry State Secrets documents and containers out of storage locations for domestic and foreign work purposes must clearly state their names, positions, units of work; types of documents and containers, summary of contents, level of secrecy of State Secrets documents and containers; purpose of use; time and place of work; measures to protect State Secrets.

4. During the period of carrying State Secrets documents and containers out of storage locations, if State Secrets are discovered to be leaked or lost, the person carrying State Secrets documents and containers must immediately report to the head of the People's Public Security Unit directly managing, and the Head of the Work Delegation to take measures to handle and mitigate consequences.

5. State Secrets documents and containers carried out of storage locations must be contained, stored, and transported using secure means and equipment as prescribed by the head of the People's Public Security Unit managing State Secrets, and must be protected during the period of being carried out of storage locations. Upon completion of the task, they must report to the authorized person who granted permission about the management and use of State Secrets and return them to the 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 specified in Clause 1 of Article 4 of this Circular decides on the provision and transfer of State Secrets at the Top Secret level.

b) The authorized person specified in Clause 2 of Article 4 of this Circular decides on the provision and transfer of State Secrets at the Confidential and Secret levels.

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 their full name; Citizen Identification Number, Identity Card Number, Passport Number, People's Public Security Identity Card Number, or Military Identity Card Number; contact address; position; State Secrets requested for provision and transfer; 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.

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 supplying and transferring state secrets classified as Top Secret;

b) The Minister of Public Security decides on supplying and transferring state secrets classified as Confidential and Secret within their scope of management.

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

3. Foreign agencies and organizations requesting the supply and transfer of state secrets must submit a written request to the People's Public Security unit responsible for the international cooperation program or duty related to state secrets. The request must clearly specify the name of the agency or organization, the representative's name, nationality, passport number, position, the state secrets requested to be supplied or transferred, the purpose of use, commitment to protect state secrets, and not to supply or transfer to third parties without the consent of the supplier or transferrer.

4. Foreign individuals requesting the supply and transfer of state secrets must submit a written request to the People's Public Security unit responsible for the international cooperation program or duty related to state secrets. The request must clearly specify the full name, passport number, contact address, the state secrets requested to be supplied or transferred, the purpose of use, commitment to protect state secrets, and not to supply or transfer to third parties without the consent of the supplier or transferrer.

5. The People's Public Security unit responsible for the international cooperation program or duty related to state secrets has the responsibility to forward the requests from foreign agencies, organizations, and individuals specified in Clause 3 and Clause 4 of this Article to the person authorized to decide on the supply and transfer of state secrets.

6. In cases where the supply and transfer of state secrets are refused, the person authorized to decide on the supply and transfer of state secrets must respond in writing and provide clear reasons.

Article 10. Organizing conferences, seminars, meetings with state secret contents within the People's Public Security

1. Authority to decide on organizing conferences, seminars, and meetings with state secret contents

a) In cases without foreign elements, the person authorized to supply and transfer state secrets according to the levels of confidentiality stipulated in Clause 1 of Article 8 of this Circular decides on organizing conferences, seminars, and meetings;

b) In cases with foreign elements, the person authorized to supply and transfer state secrets according to the levels of confidentiality stipulated in Clause 1 of Article 9 of this Circular decides on organizing conferences, seminars, and meetings.

2. The decision of the person authorized to permit the organization of conferences, seminars, and meetings with foreign elements must be expressed in writing.

In cases of internal meetings within units that recur regularly such as case hearings, daily briefings, and have the same level of confidentiality, the person authorized as stipulated in point a of Clause 1 of this Article decides once and specifies concretely in the internal regulations for protecting state secrets of the People's Public Security unit and locality.

3. Conferences, seminars, and meetings with state secret contents within the People's Public Security are organized in closed meeting rooms at the workplace of the People's Public Security unit. In cases organized outside the workplace, the head of the People's Public Security unit deciding on the organization of the conference, seminar, or meeting is responsible for proposing the Technical Operations Department, Provincial Public Security Technical Operations Division to inspect security and information safety in the area where the conference, seminar, or meeting takes place and ensure security and information safety during the conference, seminar, or meeting.

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

a) Conferences, seminars, and meetings with state secret contents must use wired microphones and other means and equipment inspected for security and information safety before installation, except for means and equipment provided by the cryptographic force. In cases where conferences, seminars, and meetings with state secret contents are organized through online video conferencing, the transmission must be protected according to the law on cryptography;

b) Officers and soldiers are not allowed to bring devices with signal receiving and transmitting, recording audio, and video capabilities into conferences, seminars, and meetings with state secret contents classified as Top Secret and Confidential. For conferences, seminars, and meetings with state secret contents classified as Secret, the use of means and equipment is carried out according to the requirements of the chairperson;

c) When necessary, the People's Public Security unit responsible for organizing conferences, seminars, and meetings with state secret contents decides on using technical means to prevent external intrusion activities and information collection; using 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, and meetings with state secret contents classified as Top Secret, the head of the People's Public Security unit responsible for organizing decides on arranging security guards and protection outside; anticipating complex situations that may occur affecting security and safety during the organization of the conference, seminar, or meeting and the resolution plan;

b) Conferences, seminars, and meetings with state secret contents organized for two days or more must seal the meeting room after each day of the conference, seminar, or meeting;

c) Documents and objects containing state secrets must be collected after the conference, seminar, or meeting.

d) Persons attending meetings, seminars, or conferences containing state secrets must be in accordance with the required components set by the organizing unit, have the responsibility to protect and use state secrets in compliance with this Circular, the requirements of the meeting chairperson, and return documents and objects containing state secrets after the conclusion of the meeting, seminar, or conference. In cases where meetings, seminars, or conferences contain Top Secret state secrets, measures must be taken to check compliance with regulations regarding the prohibition of bringing communication devices and equipment into the meeting room for attendees.

Article 11. Extension of the Protection Period for State Secrets

1. The protection period for state secrets may be extended if declassification would harm national interests.

2. At least 60 days before the end of the protection period for state secrets, the head or deputy authorized by the People's Public Security Unit that determines state secrets shall decide on extending the protection period for state secrets. Each extension shall not exceed ten years for Confidential state secrets, twenty years for Top Secret state secrets, and thirty years for Top Secret state secrets.

3. After being extended, state secrets must be stamped with "Extension of the Protection Period for State Secrets," and there must be a written document or other form confirming the extension.

4. Within fifteen days from the date of extension, the People's Public Security Unit that has extended the period must notify in writing the relevant agencies, organizations, and individuals.

5. The model stamp "Extension of the Protection Period for State Secrets" shall be implemented according to the provisions of Circular No. 24/2020/TT-BCA.

Article 12. Adjustment of Classification Levels

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

2. Adjusting classification levels must be based on the list of state secrets within various sectors and fields.

3. The head or deputy authorized by the People's Public Security Unit that determines the classification level of state secrets has the authority to decide on adjusting the classification level of state secrets.

4. After issuing a decision to adjust the classification level, the People's Public Security Unit that adjusts the classification level must stamp or provide a written document or other form to confirm the increase or decrease in the classification level.

5. Within fifteen days from the date the authorized person under Clause 3 of this Article decides to adjust the classification level, the People's Public Security Unit that adjusts the classification level must notify in writing the relevant agencies, organizations, and individuals.

Upon receiving notification of the adjustment of the classification level, the People's Public Security Unit that receives such notification must stamp or provide a written document or other form to confirm the corresponding adjustment of the classification level for state secrets within its management scope.

6. The model stamp for adjusting the classification level shall be implemented according to the provisions of Circular No. 24/2020/TT-BCA.

Article 13. 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 or expiration of the extended protection period for 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 People's Public Security Unit that determines state secrets must stamp "Declassified" or provide a written document or other form to confirm declassification and immediately notify in writing the relevant agencies, organizations, and individuals.

3. State secrets may be fully or partially declassified when necessary to meet practical requirements for protecting national interests, economic and social development, integration, and international cooperation. In such cases, the People's Public Security Units must proceed with declassification according to the following procedures:

a) The head of the People's Public Security Unit that determines state secrets establishes a Declassification Board;

b) The Declassification Board includes representatives of the leadership and command of the People's Public Security Unit that determines state secrets as the Chairman of the Board and representatives of agencies and units related to the state secrets to be declassified;

c) The Declassification Board is responsible for reviewing declassification, reporting to the authorized person who determines state secrets to issue a declassification decision;

d) In cases of partial declassification, the declassified content must be included in the declassification decision, and within fifteen days from the date of the declassification decision, the unit responsible for declassification must notify in writing the relevant agencies, organizations, and individuals to affix the "Declassified" stamp or provide a written document confirming declassification for documents and objects containing state secrets managed by them;

đ) In cases of full declassification of state secrets, after the declassification decision is made, it must be stamped with "Declassified" or provided in a written document confirming declassification, and within fifteen days from the date of the declassification decision for state secrets, the People's Public Security Unit responsible for declassification must notify in writing the relevant agencies, organizations, and individuals to affix the "Declassified" stamp or provide a written document confirming declassification for documents and objects containing state secrets within their management scope;

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

4. The model stamp "Declassified" shall be implemented according to the provisions of Circular No. 24/2020/TT-BCA.

Article 14. Destruction of State Secrets Documents and Carriers

1. Destruction of State Secrets documents and carriers shall be carried out in the following cases:

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

b) If immediate destruction is required to prevent harm to national interests.

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

a) Ensuring that State Secrets are not exposed or lost;

b) The destruction process must alter the form, function, and utility of the State Secrets documents and carriers, completely eliminating State Secrets information;

c) After destruction, State Secrets documents and carriers cannot be restored to their original form, function, utility, or content.

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 classified as Top Secret, Confidential, and Secret;

b) Officers and soldiers 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 must immediately report in writing to the person authorized under 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 and command of the People's Public Security units directly storing State Secrets documents and carriers as the Chairman of the Committee; the personnel directly storing State Secrets documents and carriers and representatives from agencies and organizations related to the State Secrets to be destroyed;

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 and reporting to the person authorized under point a, Clause 3 of this Article to issue a decision on destruction;

d) The destruction file must be stored, including the decision to establish the Committee for the Destruction; the list of State Secrets documents and carriers proposed for destruction; the minutes of the Committee for the Destruction meeting; the decision on destruction, the minutes of the destruction, and other relevant documents.

5. The destruction of State Secrets documents and carriers in the field of confidential communications shall be implemented in accordance with the provisions of the law on confidential communications.

Article 15. Responsibilities of Public Security Units and Localities in Protecting State Secrets

1. The Political Security Department is responsible for advising the Ministry:

a) To implement state management over the protection of State Secrets;

b) To compile opinions from Public Security units and localities proposing amendments and supplements to the list of State Secrets in the fields of national security and public order and social safety;

c) To advise the leadership of the Ministry of Public Security to develop regulations on protecting State Secrets within the People's Public Security;

d) To conduct mid-year reviews of the work of protecting State Secrets within the People's Public Security; annual reviews and five-year summaries of the work of protecting State Secrets nationwide;

đ) To take the lead and coordinate with the Cybersecurity and High-Tech Crime Prevention Department, the Technical Operations Department, the Telecommunications and Confidential Communications Department, and other related units to organize inspections of compliance with laws on protecting State Secrets by agencies, organizations, localities, and Public Security units and localities.

2. Public Security units subordinate to the Ministry are responsible for:

a) Organizing the implementation of work to protect State Secrets within their jurisdiction;

b) Reviewing and proposing amendments or supplements to the list of State Secrets in the fields of national security and public order and social safety;

c) Developing internal rules for protecting State Secrets;

d) Advising and guiding agencies, sectors, and enterprises within their jurisdiction to implement work to protect State Secrets.

3. Public Security departments of provinces and centrally-administered cities are responsible for:

a) Implementing the responsibilities stipulated in Clause 2 of this Article;

b) Implementing state management over the protection of State Secrets at the local level within their jurisdiction.

4. When a People's Public Security unit undergoes organizational changes such as dissolution or merger, the People's Public Security unit taking over and managing the State Secrets documents and carriers of the dissolved or merged unit shall be responsible for implementing work to protect State Secrets for those documents and carriers.

Article 16. Allocation of Staff for State Secrets Protection Tasks

1. At the Ministry Level

a) The Political Security Department has the responsibility to allocate specialized staff to perform state secrets protection tasks within the People's Public Security Force;

b) Units under the Ministry, public service units of the People's Public Security Force have the responsibility to allocate part-time staff to perform state secrets protection tasks at advisory or administrative, consolidation departments.

2. At Local Police Levels

a) Provincial and centrally-administered city police forces have the responsibility to allocate specialized staff to perform state secrets protection tasks within the Internal Political Security Departments;

3. The allocation of staff for state secrets protection tasks must be documented in writing.

4. Staff performing specialized and part-time state secrets protection tasks shall enjoy benefits and policies as prescribed by law.

Article 17. Information and Reporting System on State Secrets Protection Work

1. Every six months and annually, local police units report their state secrets protection work to the Ministry (through the Political Security Department).

2. Every five years, local police units summarize the situation and state secrets protection work and submit reports to the Ministry (through the Political Security Department).

3. Immediate reports are made following the occurrence of state secrets leakage or loss, discovery of violations of laws on state secrets protection, or upon request from the Ministry leadership, Political Security Department, and submitted to the Ministry (through the Political Security Department).

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, weaknesses, difficulties, obstacles, causes, and lessons learned in guidance and implementation;

c) Situations and data on state secrets leakage and loss; causes and handling, remediation of consequences;

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

Chapter III

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Circular takes effect from December 23, 2021, and replaces Circular No. 38/2020/TT-BCA dated April 17, 2020, issued by the Minister of Public Security on state secrets protection work in the People's Public Security Force.

2. When regulations referred to in this Circular are amended, supplemented, replaced, or newly issued, the relevant provisions in this Circular will be changed and implemented according to the amended, supplemented, replaced, or newly issued regulations.

Article 19. Responsibility for Implementation

1. The Political Security Department is responsible for guiding, monitoring, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry, Directors of provincial and centrally-administered city police forces, Directors of academies, Principals of people's public security schools, Heads of public service units of the people's public security force, and related agencies, organizations, and individuals are responsible for implementing this Circular.

During implementation, if there are difficulties or obstacles, local police units should report to the Ministry of Public Security (through the Political Security Department) for guidance./.