Circular No. 12/2002/TT.BCA(A11) guiding the implementation of Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the State Secrets Protection Ordinance.

CIRCULAR

Guidelines for Implementing Decree No. 33/2002/NĐ-CP dated March 28, 2002

of the Government detailing the implementation of the Ordinance on Protecting State Secrets

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On March 28, 2002, the Government issued Decree No. 33/2002/NĐ-CP detailing the implementation of the Ordinance on Protecting State Secrets. Pursuant to Article 31 of the Decree, the Ministry of Public Security provides additional guidance for implementing the Government's Decree as follows:

1. Compiling, Amending, Supplementing, and Declassifying Lists of State Secrets

a. Based on the provisions of Articles 5, 6, and 7 of the Ordinance on Protecting State Secrets, heads of agencies and organizations within their functional and mission scope shall organize comparisons to determine the scope of state secrets classified as Top Secret, Confidential, and Secret for their agencies and units, reporting vertically through the system to the head of the central agency or organization, the Chairman of the People's Committee of provinces and centrally-administered cities to compile and review the list of state secrets according to Article 3 of Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government.

The list of state secrets classified as Top Secret and Confidential shall be sent to the Ministry of Public Security for review before being submitted to the Prime Minister for decision.

The list of state secrets classified as Secret shall be decided by the Minister of Public Security.

b. In the first quarter of each year, central agencies and organizations, provincial and centrally-administered city people's committees shall review the list of state secrets of their agencies, organizations, and localities that have been approved and issued by authorized authorities; if they find the list no longer appropriate, requiring changes in classification levels, declassification, or identification of new contents needing protection, they shall follow procedures to submit to authorized authorities for decisions to amend, supplement, or change the classification level or declassify the list of state secrets of their agencies, organizations, and localities.

2. Provisions on Classification Levels and Sample Stamps for Classification Levels

a. Provisions on Classification Levels for Documents and Objects Containing State Secrets

Based on the list of state secrets decided by authorized authorities, the head or the person authorized by the agency, organization, or locality must issue specific written regulations:

- Types of documents and objects containing state secrets classified as Top Secret;

- Types of documents and objects containing state secrets classified as Confidential;

- Types of documents and objects containing state secrets classified as Secret;

b. Responsibility for Determining Classification Levels

Based on the above provisions, when drafting documents containing state secrets, the drafter must propose the classification level for each document; the approver of the document has the responsibility to decide on affixing the stamp indicating the classification level (Top Secret, Confidential, Secret) and the circulation scope of the document containing state secrets.

c. Sample Stamps for Classification Levels

- Sample Stamp "Secret":

Rectangle shape, size 20 mm x 8 mm, with a border around, inside is the word "SECRET" in capital bold letters, evenly spaced from the border 2 mm.

- Sample Stamp "Confidential":

Rectangle shape, size 30 mm x 8 mm, with a border around, inside is the word "TÔI MẬT SECRET" in capital bold letters, evenly spaced from the border 2 mm.

- Sample Stamp "Top Secret":

Rectangle shape, size 40 mm x 8 mm, with a border around, inside is the word "TUYỆT MẬT SECRET" in capital bold letters, evenly spaced from the border 2 mm.

- Sample Stamp for Retrieving State Secret Documents:

 Rectangle shape, size (80 mm x 15 mm) with a border around, inside are two rows of text, top row is the row of text in capital bold letters "Retrieved Document", bottom row is the text "Expiry Date" in regular font at the beginning of the row and dots until the end, characters in each row are evenly spaced from the border 2 mm.

The stamp for retrieving state secret documents is used in cases where confidential documents are only issued for a specific period, the user can only use them during that time and then return them to the issuing place. When affixing the "Retrieved Document" stamp on issued documents, the expiry date line must clearly indicate the retrieval time before a specific date and hour.

- Sample Stamp "Only Named Person Can Open":

 Rectangle shape, size 100 mm x 10 mm, with a border around, inside is the text "Only named persons may open" in regular bold font, evenly spaced from the border 2 mm.

The stamp "Only Named Person Can Open" is used in cases of transferring Top Secret documents where only the recipient can open the envelope to ensure the confidentiality of the document; outside the envelope, the name of the recipient must be clearly noted, and the department sending the document must deliver it directly to the named person.

The ink used for stamping all types of seals above is bright red.

The document management department of the agency or unit responsible for managing and affixing stamps on documents containing state secrets must carry out these tasks according to the instructions of the agency or unit head or the authorized authority determining the classification level as prescribed.

3. Transporting and Handing Over Documents and Objects Containing State Secrets

a. Transporting Documents and Objects Containing State Secrets

Documents and objects containing state secrets must be transported in sturdy packaging made of suitable material; when necessary, they must be sealed according to regulations; there must be transportation means ensuring safety in all situations; if deemed necessary, personnel must be assigned to guard the transport of such documents and objects.

b. Handing Over and Receiving Documents and Objects Containing State Secrets

All instances of handing over and receiving documents and objects containing state secrets between individuals such as drafters, clerks, couriers, persons responsible for handling, storage... must be recorded in a logbook, signed off by both the giver and the receiver.

b.1. Sending Documents and Objects Containing State Secrets

The sending of documents and objects containing state secrets must comply with the following regulations:

- Logging: Before sending documents and objects containing state secrets, they must be logged in the "Documents Outgoing" logbook for tracking. The "Documents Outgoing" logbook must include all fields: Serial number (which is also the document number sent out), date, month, year, recipient location, summary of content, classification level, urgency level, signature, remarks. For documents and objects containing state secrets classified as "Top Secret," the summary of content column may only be filled with permission from authorized authorities. Sent documents must be placed in envelopes, sealed tightly, and handed over to the clerk for external envelope preparation and dispatch.

- Preparing Envelopes: Documents containing state secrets sent out must be placed in separate envelopes. The envelope paper must be durable, water-resistant, and opaque; the adhesive must be strong and difficult to peel.

Documents and objects containing state secrets classified as "Secret" must have the letter "C" stamped on the outside (the stamp "C" in capital bold letters, within a circular border, diameter 1.5 cm).

Documents and objects carrying state secrets classified as "Top Secret" shall be enclosed in an envelope stamped with the letter B (the uppercase bold letter "B" within a circular border, diameter 1.5 cm).

Documents and objects carrying state secrets classified as "Absolutely Top Secret" shall be sent in two envelopes:

+ Inner envelope: Clearly indicate the number and code of the document, the recipient's name, stamp "Top Secret." If it is a document or object sent specifically to a responsible person, stamp "Only named person may open."

+ Outer envelope: marked as regular documents, stamped with the letter A (the uppercase bold letter "A" within a circular border, diameter 1.5 cm)

b.2. Receiving documents and objects carrying state secrets

- All documents and objects carrying state secrets received from any source must be registered in the "Secret Documents Received" logbook for tracking and transferring to the responsible person for handling.

- In case the inner envelope of documents and objects carrying state secrets received bears the stamp "Only the named person may open the envelope," the document clerk shall record the document number on the outer envelope and immediately transfer it to the named person on the envelope. If the named person is absent, it shall be transferred to the responsible person for handling. The document clerk shall not open the envelope.

- In case the document clerk notices that the documents and objects carrying state secrets received were not properly handled according to the confidentiality procedures, they shall transfer them to the responsible person for handling and simultaneously inform the sender to learn from the experience. If signs of tampering, opening, leaking state secrets, or swapping, loss, damage of the documents and objects carrying state secrets are discovered, the recipient must immediately report to the head of the agency or unit to take timely measures.

b.3. Retrieval of documents carrying state secrets

Documents bearing the stamp "For Retrieval," the document clerk must monitor and retrieve or return to the sender within the specified time frame. Upon receipt and return, thorough checks and verifications must be conducted to ensure that the documents are not lost.

4. Storage, preservation, and use of documents and objects carrying state secrets

All documents and objects carrying state secrets must be stored, preserved strictly and used for their intended purposes.

After processing, documents and objects carrying state secrets must be classified, stored in files, kept in cabinets, safes, or vaults, and not removed from the agency without authorization. In cases where it is necessary to carry documents and objects carrying state secrets for work outside or back home, approval from the head of the agency or unit is required, registration with the security department must be made, and strict security measures must be implemented. Any discovery of loss, swapping, damage of documents and objects carrying state secrets or leakage of state secrets must be reported immediately to the head of the agency or unit to take timely measures.

5. Procedures for reviewing and providing information within the scope of state secrets to foreign organizations and individuals

Vietnamese agencies, organizations, and citizens interacting with foreign organizations and individuals must not disclose state secrets. Providing information within the scope of state secrets to foreign organizations and individuals must comply with Article 19 of Decree No. 33/2002/NĐ-CP dated March 28, 2002, issued by the Government.

Information within the scope of state secrets that can be provided to foreign organizations and individuals includes: provision during scientific conferences organized by foreigners or involving foreigners; exchange of scientific documents and specimens during cooperation with foreign partners. Requests for approval to provide information within the scope of state secrets to foreign organizations and individuals must be in writing, specifying the provider of the information; type of state secret information to be provided; foreign organization or individual receiving the information; scope and purpose of using the information.

Applications for permission to provide information within the scope of state secrets classified as Top Secret shall be submitted to the General Department of Security - Ministry of Public Security for review by the Minister of Public Security (except in the field of national defense). Applications for permission to provide information within the scope of state secrets classified as Confidential shall be submitted to the head or authorized representative of central agencies and organizations, or the Chairman of the People's Committee of provinces and centrally-administered cities for review.

6. Procedures for requesting permission to take documents and objects within the scope of state secrets out of the country

Individuals taking documents and objects within the scope of state secrets out of the country must have a written application and obtain approval from the head or authorized representative of central agencies and organizations, or the Chairman of the People's Committee of provinces and centrally-administered cities; the application must specify the individual taking the documents and objects out of the country; the documents and objects to be taken; scope and purpose of use. At the time of departure, the application with the approval of the competent authority must be presented to the immigration management agency at the border checkpoint.

7. Areas and locations within the scope of state secrets

Once determined as areas and locations within the scope of state secrets, warning signs must be installed. Warning signs come in two types, standardized as follows:

- "Restricted Area" sign size 80cm x 60cm, made of durable material; black letters on a white background; written in two languages, Vietnamese and English; top line in Vietnamese, letter height 20cm, bottom line in English, letter height 10cm (sample attached).

- "Restricted Location" sign size 40cm x 25cm, made of durable material; black letters on a white background; written in two languages, Vietnamese and English; top line in Vietnamese, letter height 8cm, bottom line in English, letter height 6cm (sample attached).

Agencies, organizations, and localities managing restricted areas and locations must establish internal regulations for managing these areas and locations and organize protective work to meet confidentiality requirements.

8. Inspection, supervision, handling of violations, and resolution of complaints and denunciations in the field of protecting state secrets

- The Ministry of Public Security will conduct periodic or surprise inspections in the field of protecting state secrets for central agencies and organizations and provinces and centrally-administered cities.

Surprise inspections will be carried out when incidents of leaking or losing state secrets are detected and require inspection. Periodic inspections will be conducted every five years. The Ministry of Public Security will select some central agencies and organizations and some localities for inspection. Central and local agencies and organizations have the responsibility to cooperate, assign staff to participate, and create conditions for effective inspection results.

- The heads of agencies and organizations at the central and local levels shall carry out regular or spot checks in the field of protecting state secrets in accordance with Clauses 3 and 4 of Article 24 of Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government.

- The Ministry of Public Security shall perform its function of handling administrative violations in the field of protecting state secrets based on the provisions of legal normative documents. Persons committing criminal acts in the field of protecting state secrets shall be held criminally responsible in accordance with the Penal Code.

- When there are complaints or denunciations in the field of protecting state secrets, the Ministry of Public Security shall cooperate with agencies and organizations at the central level and localities to resolve them in accordance with the laws on handling complaints and denunciations.

9. Establishing regulations for protecting state secrets

The heads of agencies and organizations at the central and local levels must establish regulations for protecting state secrets within their agencies, organizations, and localities. The content of the regulations for protecting state secrets must be based on the confidentiality requirements of the agencies, organizations, and localities and comply with the provisions of Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the Ordinance on Protecting State Secrets.

10. Effective date

This Circular shall take effect fifteen days from the date of signature and replace Circular No. 06-TT/BNV(A11) dated August 28, 1992 of the Ministry of Home Affairs (now the Ministry of Public Security) guiding the implementation of Decree No. 84/HĐBT dated March 9, 1992 of the Council of Ministers (now the Government) promulgating the regulations for protecting state secrets.

The General Department of Security shall assist the leadership of the Ministry of Public Security in performing the state management function regarding the protection of state secrets. Agencies and organizations encountering difficulties during the implementation of this Circular are advised to report to the Ministry of Public Security for guidance./.