Decree No. 12/2005/ND-CP On the organization and operation of the State Cryptographic Inspection under the Government

DECREE OF THE GOVERNMENT

On the organization and operation of the Government Cryptographic Inspection

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Inspection Law dated June 15, 2004;

Pursuant to the Cryptographic Law dated April 4, 2001;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Director of the Government Cryptographic Board,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Position and functions of the Government Cryptographic Inspection

The Government Cryptographic Inspection (hereinafter referred to as the Cryptographic Inspection) is an agency under the Government Cryptographic Board; it performs administrative inspection and specialized inspection within the scope of state management on cryptographic matters as prescribed by law.

Article 2. Purpose of the Cryptographic Inspection's activities

The activities of the Cryptographic Inspection aim to prevent, detect, and handle violations of laws on cryptography; identify weaknesses in management mechanisms, policies, and laws to propose measures for rectification to competent state agencies, thereby contributing to enhancing the effectiveness of state management over cryptographic matters, ensuring national information security and cryptographic secrecy; protecting the interests of the State, rights and legitimate interests of agencies, organizations, and individuals.

Article 3. Objects of the Cryptographic Inspection

1. Organizations and individuals directly managed by the Government Cryptographic Board.

2. Agencies, organizations, and individuals participating in activities in the field of cryptography and cryptographic secrecy to protect state confidential information.

3. Vietnamese organizations and individuals and foreign organizations and individuals in Vietnam involved in activities related to cryptography to protect information not falling within the scope of state confidentiality.

In cases where international treaties to which the Socialist Republic of Vietnam has acceded or joined provide different provisions from this Decree, the provisions of such international treaties shall apply.

Article 4. Principles of the Cryptographic Inspection's operations

The operations of the Cryptographic Inspection must comply with the law, ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; they must not hinder the normal operations of agencies, organizations, and individuals subject to inspection.

PART II
ORGANIZATION, DUTIES, AND POWERS OF THE CRYPTOGRAPHIC INSPECTION

Article 5. Organization of the Cryptographic Inspection

1. The Cryptographic Inspection is organized within the Government Cryptographic Board. The Cryptographic Inspection is responsible for assisting the Director of the Government Cryptographic Board (hereinafter referred to as the Director) in managing state affairs regarding inspections; performing administrative inspection and specialized inspection duties on cryptographic matters within the scope of state management of the Government Cryptographic Board and as prescribed by law.

2. The Cryptographic Inspection has an Inspector General, Deputy Inspector Generals, and Inspectors.

The Inspector General of the Cryptographic Inspection is appointed, relieved, or dismissed by the Director after consultation with the Chief Inspector.

Deputy Inspector Generals of the Cryptographic Inspection are appointed, relieved, or dismissed by the Director upon the recommendation of the Inspector General of the Cryptographic Inspection. Deputy Inspector Generals are assigned to oversee one or more areas of work and are accountable to the Inspector General for the tasks assigned.

3. The Cryptographic Inspection has departments, with a maximum of four departments.

4. The Cryptographic Inspection has its own seal.

Article 6. Duties and powers of the Cryptographic Inspection

1. Inspect the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals directly managed by the Director.

2. Inspect compliance with specialized laws on cryptography and cryptographic secrecy by agencies, organizations, and individuals within the scope of state management of the Government Cryptographic Board and as prescribed by law.

3. Participate in and implement inspection programs and plans of the Government and the Government Inspector General or inspect other cases assigned by the Director.

4. Guide heads of units under the Government Cryptographic Board, heads of cryptographic organizations of ministries, sectors, and localities to build and implement inspection and audit programs and plans and regulations on inspection as prescribed by law.

5. Handle or recommend the application of measures to prevent and promptly stop violations of laws on cryptography; impose administrative penalties according to the law on handling administrative violations.

6. Perform tasks of resolving complaints and denunciations as prescribed by law on complaints and denunciations.

7. Assist the Director in guiding, urging, and inspecting units under the Government Cryptographic Board in implementing anti-corruption prevention and control tasks as prescribed by law.

8. Summarize and report results on inspection work, complaint and denunciation resolution, and anti-corruption prevention and control within the scope of state management of the Government Cryptographic Board.

9. Recommend to competent state agencies to suspend or revoke provisions found to be contrary to state legal documents through inspection, complaint and denunciation resolution, and anti-corruption prevention and control.

10. Inspect and evaluate the responsibility of units under the Director's management in implementing laws on inspection, complaint and denunciation resolution.

11. Provide guidance on cryptographic inspection procedures to Inspectors, cooperating inspectors, heads of units under the Government Cryptographic Board, and heads of cryptographic organizations of ministries, sectors, and localities.

12. Require relevant cryptographic agencies to assign officials and civil servants to join inspection teams.

13. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and decisions on handling.

14. Perform other tasks and powers as prescribed by law.

Article 7. Duties and powers of the Inspector General of the Government Cryptographic Board

1. Assist the Director in directing inspection work within the scope of state management of the Government Cryptographic Board.

2. Develop inspection programs and plans; compile inspection and audit programs and plans and submit them to the Director for decision-making and organize their implementation after approval.

3. Report to the Director for inspection when signs of law violations are discovered.

4. Recommend the Director to temporarily suspend the execution of incorrect inspection decisions made by units directly managed by the Government Cryptographic Board.

5. Impose administrative penalties in accordance with the law on handling administrative violations.

6. Recommend the Director to consider responsibility and handle persons who have committed violations within the Director's jurisdiction; coordinate with heads of agencies and organizations in considering responsibility and handling persons who have committed violations within the jurisdiction of those agencies and organizations.

7. Implement duties and powers as prescribed in Article 6 of this Decree and other laws.

Article 8. Inspector of Confidential Affairs

1. An inspector of confidential affairs is a person engaged in confidential work who is appointed to the inspector rank to perform inspection tasks. The appointment, removal, and dismissal of inspectors of confidential affairs shall be carried out in accordance with the provisions of the law.

2. Inspectors of confidential affairs must meet the general standards set forth in Article 31 of the Inspection Law and must receive specialized training and professional development in confidential matters.

3. Inspectors of confidential affairs shall enjoy benefits and policies and be provided with necessary conditions for their inspection activities as stipulated by law.

4. Inspectors of confidential affairs have the following duties, powers, and responsibilities:

a) Perform duties and powers as prescribed by laws on inspection and laws on confidential matters.

b) Impose penalties or recommend competent state agencies to impose administrative penalties for violations according to the law. When imposing penalties, inspectors of confidential affairs must strictly follow all procedures and formalities as prescribed by law.

c) Inspectors of confidential affairs are responsible before the law and the decision-making inspector for their decisions and measures taken.

d) If inspectors of confidential affairs violate the law, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate or make restitution according to the law.

Article 9. Collaborators of Confidential Affairs Inspectors

1. A collaborator of confidential affairs inspectors is a person summoned by the Head of the Department or the confidential affairs inspection agency to join the inspection team.

2. Collaborators of confidential affairs inspectors must have good political qualities, moral integrity, a sense of responsibility, honesty, impartiality, fairness, and appropriate professional qualifications for inspection tasks.

3. Collaborators of confidential affairs inspectors shall enjoy benefits and policies as prescribed by law, be provided with conditions to complete their tasks, and bear responsibilities as prescribed by law.

CHAPTER III
ACTIVITIES OF CONFIDENTIAL AFFAIRS INSPECTORS

Article 10. Authority to issue inspection decisions

1. The Head issues inspection decisions and establishes inspection teams to implement inspection decisions for complex cases involving the management responsibility of multiple agencies, organizations, localities, and sectors under the jurisdiction of the Government Confidential Affairs Administration.

2. The Chief Inspector of the Confidential Affairs Administration issues inspection decisions and establishes inspection teams to implement inspection decisions after the Head approves the inspection program, plan, or urgent inspection proposal.

3. In cases where confidential affairs inspectors are assigned to conduct independent inspections, the Head or the Chief Inspector of the Government Confidential Affairs Administration shall issue inspection decisions, clearly defining the scope, tasks, and time frame for conducting inspections.

Article 11. Basis for issuing inspection decisions and contents of inspection decisions

1. Basis for issuing inspection decisions:

a) Inspection programs and plans approved by competent authorities.

b) Requirements for handling complaints and reports.

c) Requests from heads of state management agencies.

d) Upon discovering signs of violations of confidential laws by agencies, organizations, or individuals.

2. Contents of inspection decisions.

a) Legal basis for inspection.

b) Objectives, contents, scope, and tasks of inspection.

c) Time limit for conducting inspections as prescribed by laws on inspection.

d) Head of the inspection team and other members participating in the inspection team.

Article 12. Duties and powers of the decision-maker for inspection, the Head of the Inspection Team, Confidential Affairs Inspectors, and other members of the Inspection Team

1. The duties and powers of the decision-maker for inspection are implemented as prescribed in Article 42 and Clause 1 of Article 52 of the Inspection Law. The decision-maker for inspection must issue a conclusion report on inspection no later than fifteen days from the date of receiving the inspection result report from the Head of the Inspection Team.

2. The duties and powers of the Head of the Inspection Team are implemented as prescribed in Articles 39 and 49 of the Inspection Law. The Head of the Inspection Team must submit a report on the inspection results to the decision-maker for inspection no later than fifteen days from the end of the inspection.

3. The duties and powers of Confidential Affairs Inspectors and other members of the Inspection Team are implemented as prescribed in Articles 40 and 50 of the Inspection Law.

Article 13. Responsibilities and powers of agencies, organizations, and individuals subject to Confidential Affairs Inspection and related agencies, organizations, and individuals

1. Agencies, organizations, and individuals subject to Confidential Affairs Inspection:

a) Have the responsibility to provide timely, complete, and accurate information and documents upon request for inspection.

b) Comply with inspection requests, conclusions, and decisions on inspection handling; have the right to explain issues related to the inspection content.

c) Have the right to appeal against inspection conclusions and decisions on inspection handling; individuals subject to inspection have the right to report illegal acts of the head of the inspection agency, the Head of the Inspection Team, Confidential Affairs Inspectors, and other members of the Inspection Team.

d) Have other rights and responsibilities as prescribed by the Inspection Law and other relevant laws.

2. Agencies, organizations, and individuals having information and documents related to the inspection content must provide them fully and promptly as required by the inspection agency and are responsible for the accuracy and truthfulness of the information and documents provided.

Article 14. Responsibilities of Heads of agencies and organizations using confidential services and confidential organizations

1. Within their duties and powers, the Heads of agencies and organizations using confidential services and confidential organizations are responsible for organizing checks and inspections on the implementation of policies, laws, systems, regulations, and tasks related to confidential services; implementing inspection and check programs and plans of the Government Confidential Affairs Administration; preventing, detecting, and handling violations; identifying weaknesses in management mechanisms, policies, and laws to propose timely corrective measures to competent state agencies; considering and resolving complaints and reports within their authority.

2. The head of the agency or organization directly supervising the inspected entity shall be responsible for reviewing and implementing the inspection conclusions; handling agencies, organizations, and individuals who violate the law; applying measures within their authority or recommending competent state agencies to apply measures to restore, improve mechanisms, policies, and laws.

Article 15. Work relationship of the Confidential Communications Inspection

1. The Confidential Communications Inspection under the Confidential Communications Board shall be directly directed by the Board Chairman, while also being professionally directed and guided by the Government Inspectorate.

2. The Confidential Communications Inspection shall cooperate with the Inspectors of Ministries, sectors, and localities in inspecting and checking contents related to confidential communications activities.

3. Within its duties and powers, the Confidential Communications Inspection shall be responsible for cooperating with relevant agencies and organizations in preventing, detecting, and handling violations of the law and crimes related to confidential communications activities.

4. The Confidential Communications Inspection shall cooperate with units under the Confidential Communications Board of the Government and other confidential organizations, and personnel engaged in confidential communications work in confidential communications inspections.

5. Agencies and organizations specified in Clauses 2, 3, and 4 of this Article shall be responsible for cooperating with the Confidential Communications Inspection in confidential communications inspections and checks, detecting and handling violations of the law.

PART IV
REWARD AND VIOLATION HANDLING

Article 16. Reward System

Organizations and individuals with achievements in confidential communications inspections shall be rewarded according to the provisions of the law.

Article 17. Handling Violations

Organizations and individuals who abuse their positions and powers to violate the regulations on inspections and this Decree, infringe upon the legitimate rights and interests of organizations and individuals engaged in confidential communications, obstruct confidential communications inspections, bribe, retaliate against inspection personnel, or retaliate against complainants and accusers shall be subject to disciplinary, administrative penalties, or criminal liability as stipulated by law, depending on the severity of the violation.

CHAPTER V
IMPLEMENTING PROVISIONS

Article 18. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are hereby abolished.

Article 19. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees; heads of agencies and organizations using confidential communications and codes; heads of confidential organizations are responsible for enforcing this Decree./.