Decision No. 106/2008/QĐ-TTg stipulates the list of state secrets of top secret and high secret levels in the industry and trade sector, applicable to relevant agencies and organizations. Notably, it identifies information and documents concerning national security on industrial development, national defense security, investment cooperation, and economic-trade negotiations.
Scope of application
Agencies and organizations in the industry and trade sector, including the Ministry of Industry and Trade, the Ministry of Public Security, enterprises, and related organizations.
Key points
- Agencies and organizations in the industry and trade sector → shall keep confidential information regarding the Party and State's policies on industrial development that have not been or will not be announced (Article 1)
- → must protect information relating to plans and measures for activities related to national security and defense strategies or maritime economy (Article 2)
- Agencies and organizations in the industry and trade sector → shall not disclose classified documents and materials of top secret and high secret levels (Articles 1-2)
- The Ministry of Industry and Trade and the Ministry of Public Security → shall be responsible for guiding and inspecting the implementation of this decision (Article 4)
- This decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace previous decisions on state secrets in the industry and trade sector (Article 3)
🌐 Social impact of this document
- Positive impact: Helps protect national security, defense, and economic interests through the confidentiality of important information.
- Negative impact: May cause difficulties in information exchange between agencies in the industry and trade sector.
❓ Frequently asked questions
What information is defined as state secrets of top secret and high secret levels?
According to the decision, information regarding the Party and State's policies on industrial development that have not been or will not be announced (Article 1) and plans and measures for activities related to national security and defense strategies or maritime economy (Article 2).
Which agencies are responsible for implementing this decision?
The Minister of Industry and Trade and the Minister of Public Security shall be responsible for guiding and inspecting the implementation of this decision (Article 4).
When does this decision come into effect?
This decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace previous decisions on state secrets in the industry and trade sector (Article 3).
What information shall not be disclosed?
Information and documents classified as top secret and high secret levels according to the list specified in Articles 1-2 of this decision (Article 2).
Which decisions does this decision replace?
This decision replaces Decisions No. 31/2005/QĐ-TTg, No. 160/2003/QĐ-TTg, and Directive No. 392/TTg dated August 2, 1994 of the Prime Minister on the List of State Secrets in the Oil and Gas Sector (Article 3).
Full text
| PRIME MINISTER | SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness |
| Number: 106/2008/QĐ-TTG | Hanoi, July 21, 2008 |
Pursuant to …;
Regarding the List of State Secrets of Top Secret and Absolute Secret Levels in the Industry and Trade Sectortrong ngành công nghiệp và thương mại
PRIME MINISTER
Pursuant to the Law on Organization of the Government dated December 25, 2001;
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;
Considering the proposal of the Minister of Industry and Trade and the Minister of Public Security.
DECISION:
Article 1. The List of State Secrets of Top Secret Level in the Industry and Trade Sector includes information and documents within the following scope:
1. Party and State policies on industrial and commercial development directly serving security and defense tasks that have not been or will not be disclosed.
2. Information, files, and documents about projects under the Economic-Technical Program concerning material technology and automation in the fields of national defense and security that have not been or will not be disclosed.
Article 2. The List of State Secrets of Absolute Secret Level in the Industry and Trade Sector includes information and documents within the following scope:
1. Plans and measures for activities of the machinery, metallurgy, industrial explosives, electric power, chemical, oil and gas, and trade industries directly related to national security and defense strategies or marine economy.
2. Programs and plans for foreign investment cooperation in the machinery, metallurgy, electric power, chemical, oil and gas, and trade industries that have not been or will not be disclosed.
3. Negotiation strategies, negotiation processes for economic-trade agreements, large strategic contracts and projects in the trade, machinery, metallurgy, electric power, chemical, oil and gas, mining and mineral processing, consumer goods, food, and other processing industries that have been approved.
4. Party and State policies on trade work related to market policy, key commodities, and industry activity orientations in the machinery, metallurgy, electric power, chemical, oil and gas, mining and mineral processing, consumer goods, food, and other processing industries that have not been or will not be disclosed.
5. Documents from the Ministry of Industry and Trade sent to Party and State leaders for guidance on trade policies and prices of certain key items that have not been disclosed.
6. Plans and directives from Party and State leaders, negotiation preparation plans, and documents supporting negotiations for signing economic-trade agreements and resolving trade disputes and complaints between our country and other countries and international organizations that have not been or will not be disclosed.
7. Export and import plans for key state items, aggregated data, and important evaluations on exports and imports that have not been or will not be disclosed.
8. Reserves of coal, oil and gas, rare minerals, exploration and survey plans, and assessments of oil potential on the continental shelf and exclusive economic zones that have not been or will not be disclosed.
9. Scientific works, inventions, utility models, trade secrets in the Industry and Trade sector with significant importance to national defense, security, economy, and technology that have not been patented or disclosed.
10. Mobilization plans in the Industry and Trade sector to serve security and defense requirements.
11. Design drawings and network diagrams for supplying electricity to security and defense facilities and other particularly important national facilities as specified by the Prime Minister.
12. Locations and quantities of precious stones and rare metals.
Article 3. This Decision shall take effect fifteen days after its publication in the Official Gazette and shall replace Decisions No. 31/2005/QĐ-TTg dated February 7, 2005 of the Prime Minister regarding the List of State Secrets of Absolute Secret Level in the Industry Sector, No. 160/2003/QĐ-TTg dated August 4, 2003 of the Prime Minister regarding the List of State Secrets of Top Secret and Absolute Secret Levels in the Trade Sector, and No. 392/TTg dated August 2, 1994 of the Prime Minister regarding the List of State Secrets in the Oil and Gas Industry.
Article 4. The Ministers of Industry and Trade and Public Security are responsible for guiding and supervising the implementation of this Decision.
Article 5. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decision./.
| PRIME MINISTER (Signed) Nguyen Tan Dung |
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