Circular No. 11/2017/TT-BTNMT on the protection of state secrets in the natural resources and environment sector

CIRCULAR

Regulations on the protection of state secrets

in the natural resources and environment sector

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;

On the basis of Decision No. 36/2017/NĐ-CP dated April 4, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Ministry's Office and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular to regulate the work of protecting state secrets in the natural resources and environment sector.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the work of protecting state secrets in the natural resources and environment sector.

Article 2. Applicability

This Circular applies to the following subjects:

1. Agencies, organizations, units, and individuals working in the natural resources and environment sector.

2. Other agencies, organizations, units, and individuals related to state secrets within the natural resources and environment sector.

Article 3. Standards for civil servants and officials involved in work related to state secrets

1. Civil servants and officials directly involved in work related to state secrets in the natural resources and environment sector must have good moral qualities, a sense of responsibility, organizational discipline awareness, and awareness of vigilance in safeguarding state secrets; they must also have professional expertise and the ability to complete assigned tasks.

2. Civil servants and officials directly involved in work related to state secrets must sign a commitment document to protect state secrets according to the model attached to this Circular; the commitment document will be kept in the staff file of the unit.

Chapter II

SPECIFIC PROVISIONS

Article 4. Establishment, amendment, supplementation, and declassification of the list of state secrets

1. Based on the scope of state secrets defined in Articles 5, 6, and 7 of the Ordinance on Protecting State Secrets, the Heads of Departments and Bureaus under the Ministry shall propose the list of state secrets within their functional management scope to the Legal Department for consolidation.

2. The Legal Department shall be responsible for:

a) Consolidate the proposed list of state secrets within the management scope of the Ministry of Natural Resources and Environment for submission to the Minister for consideration and decision.

b) Prepare files for submission to the Minister to submit to the Prime Minister for decision on the list of state secrets classified as Top Secret and Confidential; request the Minister of Public Security to decide on the list of state secrets classified as Secret in the field of natural resources and environment.

3. In the first quarter of each year, the Legal Department shall take the lead and coordinate with relevant units to propose amendments, supplements, and declassification of the list of state secrets in the field of natural resources and environment.

Article 5. Determination and stamping of classification level for files, documents, and objects containing state secrets

1. Based on the list of state secrets decided upon by the competent authority, when drafting documents containing state secrets, the drafter must propose the classification level in the approval report for the document; the approver has the responsibility to decide on the classification level (Top Secret, Confidential, Secret), circulation scope, and number of copies issued. Drafts and preliminary versions containing state secrets are managed and protected like officially issued documents and destroyed after completion if deemed unnecessary to retain.

2. State secret files must be determined and stamped with the highest classification level on the outside of the envelope or cover of the file. For objects carrying state secrets, warning labels must be affixed, and a document clearly stating the name and brand must be marked with the classification level.

Article 6. Drafting, typing, printing, copying, photographing documents and objects containing state secrets

1. Authority to permit printing, copying, and photographing of documents and objects containing state secrets in the natural resources and environment sector:

a) The Minister of Natural Resources and Environment has the authority to permit printing, copying, and photographing of documents and objects containing state secrets classified as Top Secret, Confidential, and Secret.

b) The Minister of Natural Resources and Environment delegates to the Director of the Ministry's Office, the Directors of Departments under the Ministry the authority to permit printing, copying, and photographing of documents and objects containing state secrets classified as Confidential and Secret.

c) The Minister of Natural Resources and Environment delegates to the Heads of units under the Ministry not mentioned in Point a Clause 1 of this Article the authority to permit printing, copying, and photographing of documents and objects containing state secrets classified as Secret.

d) Those authorized under Points b and c Clause 1 of this Article may not delegate to others.

2. Drafting, typing, printing, copying, and photographing of documents and objects containing state secrets must be carried out in secure locations using equipment meeting security conditions as specified by the Head of the unit directly managing the documents and objects containing state secrets.

3. The Heads of units assign individuals meeting the standards stipulated in Clause 1 of Article 3 of this Circular to perform the task of typing, printing, copying, and photographing confidential documents; confidential documents are typed and printed from dedicated computers and printers not connected to the network.

4. When organizing feedback to draft documents containing state secrets for relevant agencies, organizations, units, and individuals, the main drafting agency must clearly define the scope and targets and stamp the necessary classification level on the draft before sending it for comments. Agencies, organizations, units, and individuals receiving drafts of documents containing state secrets must manage and use the draft documents according to the classification level indicated on the draft.

5. Individuals responsible for typing, printing, copying, and photographing documents and objects containing state secrets may only print and copy the required number of documents; excess and defective copies must be immediately destroyed at the workplace in accordance with regulations.

Article 7. Management and use of seals in state secrets protection work

1. The archivist shall be responsible for managing and affixing various types of seals according to the directives of the agency or unit head or authorized person.

2. The seal models used in state secrets protection work and the positions for affixing seals shall be implemented in accordance with the provisions of Article 16 of Circular No. 33/2015/TT-BCA dated July 20, 2015, issued by the Ministry of Public Security guiding the implementation of certain articles of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on State Secrets Protection.

Article 8. Transfer, receipt, and transportation of documents and objects carrying state secrets

1. All cases of transferring and receiving documents and objects carrying state secrets must be recorded in the secret document transfer register and signed off by both the giver and the receiver of the documents; for documents and objects carrying state secrets marked with the "Top Secret" stamp, the summary of the content may not be recorded in the secret document transfer register except when permitted by an authorized person.

2. The transfer and receipt of documents and objects carrying state secrets must be carried out directly at the workplace, ensuring safety according to the regulations of the agency or unit head having such documents and objects. Both the giver and receiver of documents and objects carrying state secrets must organize checks and verifications to promptly identify and address any errors, losses, or damages in accordance with the law.

3. The transportation of documents and objects carrying state secrets shall be performed by civil servants or employees engaged in state secrets protection work or archivists of the agency or unit.

4. When transporting documents and objects carrying state secrets, there must be sufficient means to ensure preservation, carrying, and holding; in all cases, a responsible person must carefully guard them to ensure absolute safety for all types of documents and objects carrying state secrets; if transported or transferred via postal service, it must be done in accordance with specific regulations of the postal service sector.

Article 9. Issuance and sending of documents and objects carrying state secrets (secret documents sent out)

The issuance and sending of documents and objects carrying state secrets shall be carried out in the following steps:

1. Registration: secret outgoing documents must be registered in a separate system of registers; before sending out, documents and objects carrying state secrets must be registered in the "Register of Outgoing Secret Documents"; the model of the "Register of Outgoing Secret Documents" shall be implemented according to the guidance provided in Appendix VII of Circular No. 07/2012/TT-BNV dated November 22, 2012, issued by the Ministry of Home Affairs guiding the management of documents, creation of files, and submission of files and documents for archival storage. For documents and objects carrying state secrets classified as Top Secret, only a summary of the content may be recorded upon the approval of the person who reviews and signs the document.

2. Enveloping: when sending out documents and objects carrying state secrets, they must be placed in separate envelopes, not mixed with regular documents. Envelopes for sending secret documents must be made of durable paper with low water absorption, difficult to peel open, and opaque.

a) Documents and objects carrying state secrets classified as "Top Secret" must be sent in two layers of envelopes: the inner envelope clearly states the number and code of the document, the name of the recipient, and the "Top Secret" stamp outside the envelope. If the documents and objects carrying state secrets are sent to a specific person responsible for handling them, the "Only named person may open" stamp should be affixed. The outer envelope is labeled as for regular documents and stamped with the corresponding classification level "Top Secret" outside the envelope.

b) Documents and objects carrying state secrets classified as "Highly Confidential" and "Confidential" must be sent in one layer of envelope, with the corresponding classification level stamp affixed outside the envelope.

3. Stamping the classification levels outside the envelope:

a) Documents classified as "Top Secret" shall be stamped with the letter "A".

b) Documents classified as "Highly Confidential" shall be stamped with the letter "B".

c) Documents classified as "Confidential" shall be stamped with the letter "C".

Article 10. Acceptance of State Secrets Documents and Items (Confidential Documents Received)

1. Confidential Documents Received shall be registered in a separate system of ledgers; all state secrets documents and items from any source must pass through the office's document department and be recorded in the "Register for Confidential Documents Received" for tracking and transferring to the responsible person for handling; the model of the "Register for Confidential Documents Received" is specified in Appendix II of Circular No. 07/2012/TT-BNV dated November 22, 2012, issued by the Ministry of Home Affairs guiding the management of documents, file establishment, and submission of files and documents to the agency's archives. For state secrets documents and items with envelopes marked "Only named person may open," the document officer shall record in the ledger according to the external marking on the envelope and transfer to the named person on the envelope; if the named person is absent and the envelope bears an urgent mark, it shall be transferred to the person authorized to handle it promptly.

2. All state secrets documents and items received, after completion of receipt and inspection, the document officer must sign confirmation on the delivery slip and return it to the sender. In cases where state secrets documents and items are sent without complying with the regulations for protecting state secrets, the document officer shall transfer them to the responsible person for handling and simultaneously inform the sender to learn from the experience and take timely measures to rectify. If state secrets documents and items sent are found to have signs of being opened, exposed, tampered with, lost, or damaged, the recipient must prepare a report and immediately report to the Head of the agency or unit to take timely measures to address the situation.

Article 11. Retrieval of State Secrets Documents and Items

1. State secrets documents and items bearing the stamp "For Retrieval," the document department must monitor and retrieve or return to the sender within the prescribed time limit; upon receipt and return, verification and comparison must be conducted.

2. The recipient of state secrets documents and items has the responsibility to return "For Retrieval" documents within the prescribed time limit; failure to return the documents will result in legal action depending on the nature and consequences of the violation.

Article 12. Statistics, Storage, Preservation, and Use of State Secrets Documents and Items

1. Units within the natural resources and environment sector must establish ledgers to statistically track various types of state secrets documents and items managed and stored by their units, organized by specialized files, subjects, and fields, and include detailed statistical tables (current state secrets documents and items, those generated during the operation of the agency or unit, or received from outside).

2. State secrets documents and items must be stored, preserved, and used in accordance with Article 8 of Circular No. 33/2015/TT-BCA dated July 20, 2015, issued by the Ministry of Public Security guiding the implementation of certain provisions of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on Protection of State Secrets.

Article 13. Dissemination, Study, and Use of State Secrets Documents and Items

1. The dissemination, study, and use of state secrets documents and items must be appropriate to the target audience and scope; organized at locations ensuring confidentiality and security; recording, audio recording, and video recording can only be done with permission from the head of the unit directly managing the state secrets documents and items. Listeners, recorders, audio recorders, and videographers must preserve and use disseminated state secrets as confidentially as the original documents.

2. When performing tasks related to state secrets documents and items, the Head of the agency or unit with state secrets documents and items must inform the individual or department directly responsible for the task about the level of confidentiality; the person assigned to perform the task must not disclose the contents of the state secrets documents and items to unauthorized persons.

Article 14. Protection of State Secrets in Telecommunications Information

State secrets transmitted through telecommunications means, the Internet, wide area networks, radio, fax machines must be encrypted in accordance with the provisions of the law on cryptographic techniques.

Article 15. Carrying State Secret Documents and Objects for Domestic Travel or to Private Residences

When civil servants travel domestically or work at private residences and need to carry State Secret documents and objects, they must:

1. Obtain direct approval from the head of their agency or unit, only carrying State Secret documents and objects relevant to assigned tasks; registering with the security department of the agency or unit; ensuring absolute safety of the carried State Secret documents and objects; returning them to the agency or unit upon completion.

2. Submit a written application detailing the reasons, names, quantities, and levels of secrecy of the State Secret documents and objects being carried; specifying the time frame and protective measures for the State Secret documents and objects during travel or at private residences.

3. Immediately report to the authorized person to take corrective actions, organize investigations, and search for the State Secret documents and objects if they are lost, exchanged, damaged, or leaked during travel or at private residences.

Article 16. Provision of State Secret Documents and Objects to Domestic Agencies, Organizations, and Individuals

1. The provision of State Secret documents and objects to domestic agencies, organizations, and individuals shall be implemented according to the provisions of Article 18 of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on Protecting State Secrets.

2. When domestic agencies, organizations, or individuals request the provision of information, documents, or objects containing State Secrets, units under the Ministry must submit a written report for approval by the authorized person.

Article 17. Carrying State Secret Documents and Objects for Foreign Travel

1. The carrying of State Secret documents and objects for foreign travel shall be implemented according to the provisions of Article 20 of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on Protecting State Secrets, and Article 10 of Circular No. 33/2015/TT-BCA dated July 20, 2015, of the Ministry of Public Security guiding the implementation of certain articles of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on Protecting State Secrets.

2. During foreign travel, when using information, documents, or objects containing State Secrets, strict adherence to national interest protection principles and the State Secret protection regulations of the sector must be maintained; if provided to foreign organizations or individuals, it must be done in accordance with the provisions of Article 18 of this Circular.

Article 18. Provision of State Secret Documents and Objects to Foreign Organizations and Individuals

The provision of State Secret documents and objects to foreign organizations and individuals shall be implemented according to the provisions of Article 19 of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on Protecting State Secrets, and Article 9 of Circular No. 33/2015/TT-BCA dated July 20, 2015, of the Ministry of Public Security guiding the implementation of certain articles of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on Protecting State Secrets.

Article 19. Destruction of State Secrets Documents and Objects

1. The destruction of State Secrets documents and objects shall only be carried out upon a written decision by an authorized person.

2. The principles, authority, procedures, and methods for destroying State Secrets documents and objects shall be implemented in accordance with the provisions of Article 11 of Circular No. 33/2015/TT-BCA dated July 20, 2015, issued by the Ministry of Public Security guiding the implementation of certain articles of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on Protection of State Secrets.

Article 20. Declassification, Reduction, and Increase of Classification Levels of State Secrets Documents and Objects

1. Declassification shall only be considered when the content of State Secrets documents and objects, if disclosed, will no longer cause harm to the State and the natural resources and environment sector.

2. Based on the list of State Secrets of the natural resources and environment sector and actual circumstances, proposals for declassification, reduction, and increase of classification levels shall be made.

3. The principles, authority, procedures, and methods for declassification, reduction, and increase of classification levels of State Secrets documents and objects shall be implemented in accordance with the provisions of Articles 12 and 13 of Circular No. 33/2015/TT-BCA dated July 20, 2015, issued by the Ministry of Public Security guiding the implementation of certain articles of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on Protection of State Secrets.

Article 21. Inspection of State Secrets Protection Work and Reporting System

1. Heads of agencies and units related to State Secrets in the natural resources and environment sector shall be responsible for regularly or spot-checking the State Secrets protection work within their management scope.

2. The content of regular or spot-checks shall be decided by the Head of the agency or unit. After completing the inspection, a record noting strengths, weaknesses, and recommendations from the inspector must be reported to the Head of the agency or unit and submitted to the superior agency.

3. Subordinate units under the Ministry of Natural Resources and Environment shall implement periodic and spot reporting as follows:

a) Periodic reports every six months (before June 15 and December 15 each year) regarding the number of secret documents received and sent by the unit; annual reports and five-year summary reports on the State Secrets protection work of the unit to be submitted to the Office of the Ministry of Natural Resources and Environment for consolidation and reporting to the competent authority.

b) Spot reports if incidents occur causing harm to State Secrets; spot reports as required by the competent authority.

Chapter III

IMPLEMENTATION

Article 22. Provision of Material and Technical Facilities for State Secrets Protection Work

1. The provision of material and technical facilities for State Secrets protection work shall be decided by the head of the agency or organization; each unit under the Ministry of Natural Resources and Environment must provide at least one non-networked computer and one non-networked printer for drafting and printing documents containing State Secrets content; units under the Ministry's Office may use non-networked computers and printers in the Office's Document Management and Archives Room.

2. The budget allocated for State Secrets protection work of agencies and organizations shall be implemented in accordance with the guidance provided in Circular No. 110/2013/TT-BTC dated August 14, 2013, issued by the Ministry of Finance, concerning the preparation of budgets, management, use, and settlement of state budget funds to ensure the performance of specialized tasks in State Secrets protection work.

Article 23. Effectiveness of Implementation

This Circular shall take effect from September 1, 2017.

Article 24. Responsibility for Implementation

1. The Office of the Ministry of Natural Resources and Environment is the focal point for State Secrets protection work, responsible for compiling interim and final reports on State Secrets protection work; organizing training on State Secrets protection work; disseminating, guiding, and inspecting the implementation of this Circular.

2. The Department of Information Technology and Environmental Resource Data has the responsibility to ensure the security and confidentiality of information in the natural resources and environment sector's network system, common information systems, and the Ministry of Natural Resources and Environment's electronic portal; leading and coordinating with units under the Ministry to develop regulations and technical solutions to ensure security and confidentiality when exchanging data over networks and shared databases; establishing mechanisms for centralized control and management of computers in the Ministry's information technology infrastructure system.

3. The Director of the Office of the Ministry, the Head of the Legal Department, and the Heads of subordinate units under the Ministry are responsible for implementing this Circular.

4. During the implementation of this Circular, agencies, organizations, and individuals encountering difficulties or obstacles should promptly report to the Ministry of Natural Resources and Environment for guidance or amendments./.