Decision No. 14/2005/QD-BYT on the issuance of the Regulation on protecting state secrets in the healthcare sector

Pursuant to …;

Regarding the issuance of the Regulation on Protecting State Secrets in the Health Sector

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THE MINISTER OF HEALTH

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;

Pursuant to Decree No. 49/2003/NĐ-CP dated May 15, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decision No. 168/2004/QĐ-TTg dated September 22, 2004 of the Prime Minister on the list of state secrets classified as Top Secret and Confidential in the health sector;

Pursuant to Decision No. 981/2004/QĐ-BCA(A11) dated September 28, 2004 of the Minister of Public Security on the list of state secrets classified as Secret in the health sector;

At the proposal of: The Director of the Office of the Ministry, the Heads of the Department of Personnel and Organization, and the Department of Legal Affairs - Ministry of Health.

DECISION:

Article 1. Issued herewith is the "Regulation on Protecting State Secrets in the Health Sector".

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and revoke Decision No. 446/BYT-QĐ dated May 6, 1993 of the Minister of Health.

Article 3. The following officials: The Director of the Office, the Inspector General, Heads of Departments and Bureaus of the Ministry of Health, Heads of subordinate units under the Ministry, Directors of Provincial Health Services, and Municipal Health Services directly under the Central Government are responsible for implementing this Decision.

REGULATIONS

Protection of State Secrets in the Health Sector

(Issued together with Decision No. 14/2005/QĐ-BYT dated April 12

2005 of the Minister of Health)

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Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of application

This Regulation provides for the drafting, copying, printing, receipt, storage, statistics, use, preservation, and destruction of documents and objects containing state secrets (hereinafter referred to collectively as secret documents) in the health sector.

Article 2. Applicability

This Regulation applies to agencies, units, organizations, and individuals related to state secrets in the health sector.

Article 3. List of State Secrets in the Health Sector

1. Top Secret and Confidential documents in the health sector are those specified in Decision No. 168/2004/QĐ-TTg dated September 22, 2004 of the Prime Minister on the List of State Secrets classified as Top Secret and Confidential.

2. Secret documents in the health sector include:

a) Data, maps, specimens, rare medicinal plants and genetic strains that must be preserved without public disclosure or have not yet been disclosed; plans for investigating rare medicinal resources;

b) Special reports on outbreaks and mass poisonings; absolute figures on cases and deaths; nature, severity, and location of incidents not disclosed or not yet disclosed;

c) Documents and records on export, import, production; circulation, usage, and storage data of toxic drugs, narcotic drugs, psychotropic substances, and precursors used in the health sector;

d) National health statistics annually not yet published in the health statistical yearbook;

đ) Planning documents for cadres and personnel files of leaders at the department level and above in the health sector;

e) Records and documents currently under inspection and investigation, results of specialized health inspections and internal inspections in the health sector not yet disclosed;

g) Results of drug testing, vaccines, medical products, forensic examinations serving inspection and supervision not yet disclosed or not yet disclosed;

h) Records and documents on scientific childbirth methods not yet disclosed or not yet disclosed.

i) Documents on computer network design of the Ministry and the health sector; passwords, conventions on ensuring information security in the use and application of information technology of the Ministry and the health sector.

Article 4. Prohibited Acts

1. Strictly prohibited are all acts of collecting, leaking, losing, appropriating, buying, selling, or destroying secret documents in the health sector illegally.

2. Strictly prohibited are all organizations and individuals providing secret documents in the health sector to news media, publishing houses, or other public agencies without permission from authorized persons.

3. Strictly prohibited are agencies, organizations, and individuals conducting self-research, production, and use of encryption to carry out activities that infringe upon national security and other acts violating regulations on maintaining and protecting state secrets in the health sector.

Chapter 2:

REGULATIONS ON DRAFTING, COPYING, PRINTING SECRET DOCUMENTS AND USING CLASSIFICATION STAMPS

Article 5. Drafting, Copying, Printing Documents:

When drafting, typing, or printing texts; copying files and documents related to state secrets in the health sector, the following regulations must be implemented:

1. The organization must conduct the drafting, printing, and copying of secret documents in a secure location designated by the head of the agency or unit directly managing the secret documents. It is not allowed to use internet-connected computers to type or print secret documents. Units in the health sector must assign staff to monitor and manage confidential information and documents managed by their agencies or units.

2. When drafting documents containing state secrets, the drafter must propose the classification level of each document, and the person approving and signing the document must determine the classification level and bear responsibility for the decision on the classification level and the scope of distribution of the document. Excess copies beyond the specified number must not be printed. After typing or printing, the drafter must check and immediately destroy draft copies and test prints (if not needed to be retained).

Copies and photographs of secret documents in tape or disc form must be sealed and stamped with the classification level, clearly stating the name of the person making the copy or photograph on the seal.

3. When organizing the solicitation of opinions for the development of draft documents, the leading agency drafting the document must clearly define the scope and target of agencies, organizations, and individuals involved, and request opinions or seek advice, and stamp the necessary "Secret" classification level before sending for comments. Agencies, units, and individuals receiving the draft must manage and use it according to the classification level marked on the draft.

Article 6Regulations on the Model and Use of Classification Stamps

1. The model of the "Secret" stamp, the "Reclaimed Document" stamp, and the "Name Only" stamp are defined as follows:

a) The "Secret" stamp is rectangular, measuring 20mm x 8mm, with a border around it, inside which is the word "SECRET" in bold uppercase letters, evenly spaced 2mm from the border.

b) The "Top Secret" stamp is rectangular, measuring 30mm x 8mm, with a border around it, inside which is the word "TOP SECRET" in bold uppercase letters, evenly spaced 2mm from the border.

c) The "Top Secret" stamp is rectangular, measuring 40mm x 8mm, with a border around it, inside which is the word "TOP SECRET" in bold uppercase letters, evenly spaced 2mm from the border.

d) The "Reclaimed Document" stamp is rectangular, measuring 80mm x 15mm, with a border around it, inside which are two rows of text, the top row being the text in bold uppercase letters "Reclaimed Documents", below is the phrase "Time Limit...", printed at the beginning of the line and dots until the end, with the characters evenly spaced from the edge by 2mm. The mark for reclaiming classified documents is used in cases where such documents are only issued for a specific period and must be returned to the issuing authority.

d) The rectangular stamp model "Only named person can open" with dimensions 100 mm x 10mm, surrounded by a border, and inside it reads the lineOnly the named person may open printed in bold, evenly spaced from the border by 2mm.

2. The archival department responsible for handling classified documents of the agency or unit has the duty to manage and affix classification level stamps and document reclamation marks on documents according to the directives of the head of the agency or unit or the competent authority confirming the classification level as prescribed.

3. Determining and affixing the classification level stamp on documents must be carried out in accordance with Decision No. 168/2004/QĐ-TTg dated September 22, 2004 of the Prime Minister regarding the list of state secrets of top secret and highly confidential levels in the health sector; Decision No. 981/2004/QĐ-BCA (A11) dated September 28, 2004 of the Minister of Public Security regarding the list of state secrets of confidential level in the health sector; the appropriate classification level stamp must be affixed to the upper left corner of the first page of the classified documents specified in Article 5, Article 6, and Article 7 of the Ordinance on Protecting State Secrets.

Chapter 3:

REGULATIONS ON THE TRANSPORTATION, HANDOVER, STORAGE, AND STATISTICAL RECORDS OF CLASSIFIED DOCUMENTS

Article 7. Handover and transportation of documents

1. When handing over or receiving classified documents between drafters, responsible persons, archivists, storage personnel, etc., all must record in the logbook and sign off between the giver and the receiver. The handover and receipt of classified documents must be carried out according to the regulations of the head of the agency or unit holding the classified documents.

2. When transporting classified documents, absolute safety must be ensured, with good carrying devices, iron boxes, locked bags, not tied behind bicycles or motorcycles, and not handed over to persons without responsibility for custody. If transported via postal service, it must comply with the specific regulations of the Posts and Telecommunications sector.

Article 8. Sending classified documents

1. Record in the logbook: Classified documents before being sent must be recorded in the "sent classified documents" logbook. All columns and items must be filled in completely: serial number, date, month, year, recipient location, summary of content, classification level, urgency level, recipient (sign and write full name) (Annex 1).

2. Issue a sending form: Sent classified documents must be accompanied by a sending form and placed together in the envelope with the document. The sending form must clearly indicate the sender, form number, recipient, type code of each sent document, and affix the classification and urgency level stamps in the top right corner of the form.

3. Make the envelope: Classified documents should not be sent in the same envelope as regular documents. The envelope paper must be durable, difficult to tear, water-resistant, and opaque. Fold the envelope diagonally, and the adhesive must be strong and difficult to peel.

4. Classification level indication stamps for confidential, highly confidential, and top secret documents must be affixed outside the envelope.

Do not write or stamp Confidential, Highly Confidential, Top Secret on the outside of the envelope. Top secret and highly confidential documents must be sent in two envelopes.

a) Inner envelope: Prepared by the drafting unit, sealed tightly, and clearly marked with the document number and code, recipient's name, and stamped "Top Secret"; if the document is specifically for a responsible person to handle, then stamp "Only named person can open".

b) Outer envelope: Prepared by the Administrative Office, marked like regular documents and stamped as follows:

- For documents of "Confidential" level, stamp the letter "C" (the "C" stamp in capital bold letters within a circular border, diameter 1.5 cm).

- For documents of "Highly Confidential" level, stamp the letter "B" (the "B" stamp in capital bold letters within a circular border, diameter 1.5 cm).

- For documents of "Top Secret" level, stamp the symbol "A" (the "A" stamp in capital bold letters within a circular border, diameter 1.5 cm).

Article 9. Receipt of incoming classified documents

1. Upon receipt of classified documents, the archivist must record them in the "incoming classified documents" logbook for tracking and transferring to the responsible person (Annex 2).

2. If the incoming classified document's inner envelope bears the stamp "Only named person can open," the archivist records it according to the number and code on the outer envelope and immediately transfers it to the named person. If the named person is absent, transfer it to the responsible person; the archivist must not open the envelope.

3. In cases where classified documents are received without proper confidentiality procedures, they must be transferred to the responsible person, and the sender must be informed for lessons learned. If signs of tampering, opening, or swapping of the document are discovered, the recipient must immediately report to the head of the agency or unit for prompt action.

4. Upon receipt of classified documents, the recipient must promptly return the sending form to the sender. Both the sender and recipient must regularly check and reconcile to detect errors and losses for timely resolution.

Article 10. Retrieval of classified documents

The archivist must monitor and retrieve or return to the sender within the stipulated time frame any classified documents bearing a retrieval stamp, ensuring checks and reconciliations upon receipt and return, and removing them from the logbook.

Article 11. Storage of classified documents

"Top Secret," "Highly Confidential," and "Confidential" documents must be strictly managed and stored separately in secure locations equipped with adequate facilities to ensure safety. The storage locations for various types of classified documents are designated by the head of the agency or unit.

Article 12. Protection of state secrets in communication

1. Information from classified documents must not be communicated through telephones, broadcasting equipment, telegrams, fax machines, or the internet. Urgent transmission of classified information must be done through secure communication systems.

2. Installation of broadcasting equipment must be approved by the Ministry of Health and registered under the management of relevant authorities of the Ministry of Public Security, Ministry of Defense, and Posts and Telecommunications Department according to general regulations.

Article 13. Reporting and statistical system for confidentiality work

The Ministry of Health and units in the health sector must implement the reporting and statistical system for confidentiality work as follows:

1. Immediate reports: The heads of agencies or units must promptly report to the Ministry of Health about any sudden incidents. Reports should include reasons, causes, measures taken, results, and recommendations.

2. Regular reports include:

a) Annual reports.

b) Five-year reports.

Periodic reports are comprehensive reports on annual confidentiality protection work of agencies and units. The report must be concise, accurate, and fully reflect the situation of confidentiality protection work throughout the year.

3. Types of reports to be submitted to the Office of the Government and the Ministry of Public Security (A11):

- People's Committee of Hanoi City.

4. Types of reports to be submitted to the People's Committee and public security organs at provincial level where the agency or unit is headquartered for units under the Ministry of Health:

QUOTATIONS ON THE USE, STORAGE, AND DESTRUCTION OF CLASSIFIED DOCUMENTS

- The Ministry of Health.

The use and storage of classified documents

Chapter 4:

1. The Secretariat of the Ministry's Office, the Personnel Department of health departments, and units under the Ministry shall be responsible for establishing files on "Top Secret," "Highly Confidential," and "Confidential" documents.

Article 14. 2. Classified documents may only be disseminated within the scope of persons authorized to know them. Under no circumstances shall they be disclosed to unauthorized persons without permission from the head of the unit.

3. The exchange of classified documents or the provision of confidential data and information through mass media must be reviewed and approved by the Minister of Health or the head of the unit and bear responsibility for such actions.

4. It is strictly prohibited to take classified documents out of their storage location; in exceptional cases, borrowing with the consent of the competent authority is allowed, and the borrower must ensure safekeeping and sign the classified document usage log.

5. When staff members need to carry classified documents for work trips, meetings, or home, they must obtain approval from the head of the agency or unit and guarantee absolute safety during travel and stay; secure storage methods must be used; damage or loss of documents is not permitted. After completing the task, the classified documents must be handed over to the management department.

6. Units tasked with storing classified documents are responsible for managing, using, preserving, and providing information in a timely, truthful, and compliant manner.

Approval procedures

1. When it is necessary to provide classified documents to international organizations, foreign entities, or take them abroad, the following rules must be followed:

Article 15. a) "Top Secret" documents require approval from the Prime Minister;

b) "Highly Confidential" documents require approval from the Minister of Public Security;

c) "Confidential" documents require approval from the Minister of Health.

The entity and individual executing the task may only provide the contents approved and must request the recipient to use the information for the agreed purpose and not disclose it to third parties.

2. When taking documents abroad, a detailed document explaining the nature of the classified information being taken out must be submitted for review and approval from superior authorities along the vertical system and related places.

3. Medical sector employees must not disclose state secrets generally or specifically within the medical sector when interacting with foreigners.

4. It is forbidden to perform secret tasks in the presence of unauthorized individuals. Upon losing classified documents, immediate reporting to the head of the unit is required, who then must report promptly to the direct supervisor and the public security organ for timely handling.

Destruction of classified documents

1. Authority to decide on destruction of documents: The destruction of classified documents is carried out as follows:

Article 16. a) At the Ministry of Health, the decision is made by the Minister.

b) At provincial-level agencies and units, the decision is made by the Director of the Health Department (or equivalent).

c) For units under the Ministry of Health, the decision is made by the head of the unit.

For cryptographic materials, regulations of the Government Cryptographic Board apply.

2. The organization of destroying classified documents must comply with the following provisions:

a) The Council for Destroying Classified Documents of the Ministry of Health consists of:

- Head of the agency or unit

Chairman of the Council

- Representative of the unit whose documents are to be destroyed

a) For classified documents printed on paper, they must be burned or shredded until they cannot be pieced together.

b) For classified documents on tapes, discs, or films, they must be altered completely so that they cannot be exploited or used.

c) In special cases where conditions do not allow for organized destruction of classified documents as prescribed, if failure to destroy the documents immediately would cause serious consequences for national security, defense, or other national interests, the person managing the documents may destroy them but must report in writing to the head of the agency or organization and the public security organ immediately afterward. If the destruction of classified documents lacks legitimate justification, the destroyer will be held legally responsible.

d) The destruction record is kept in the security department of the agency.

1. Staff members directly involved in state secrets in the medical sector, in addition to meeting the criteria stipulated in the Civil Servant Law, must have a clear background, good moral character, be careful, discreet, have a sense of responsibility, organizational discipline, awareness of vigilance in safeguarding state secrets; possess professional expertise and the ability to fulfill assigned tasks.

c) In cases of special circumstances where it is not possible to organize the destruction of classified documents according to the aforementioned regulations, if failing to immediately destroy such classified documents would result in serious consequences for national security, defense, or other interests of the State, the person currently managing those classified documents has the right to destroy them on their own but must subsequently report this action in writing to the head of the agency or organization and the police authority. If the destruction of classified documents does not have a legitimate reason, the person responsible for the destruction shall bear legal responsibility.

d) The record of destruction is kept at the security department of the agency.

Chapter 6:

IMPLEMENTATION

Article 17.

1. Civil servants working directly with state secrets in the health sector, in addition to meeting the criteria stipulated in the Civil Servant Law, must have a clear background, good moral character, be careful and discreet, possess a sense of responsibility, organizational discipline awareness, and vigilance in safeguarding state secrets; they must also have professional qualifications, vocational skills, and the capability to fulfill assigned tasks.

2. Must commit to protecting state secrets in writing with the head of the agency. The commitment document shall be submitted to the agency's confidentiality department for storage. When taking up or ceasing work related to confidentiality, there must be agreement from the security agency at the same level and a commitment to protect state secrets. Traveling abroad requires permission from the competent authority. Those assigned tasks related to state secrets must strictly comply with the provisions of this regulation and relevant laws.

Article 18.

The heads of agencies and units within the healthcare sector are responsible for implementing this regulation, conducting regular or spot checks within their delegated authority, promptly addressing any deficiencies or vulnerabilities, and reporting to their direct superiors for timely measures.

Article 19.

The Director of the Office and the Director of the Cadres and Civil Servants Department of the Ministry of Health are responsible for supervising and urging the implementation of this Regulation throughout the healthcare sector and regularly reporting to the Minister on its implementation.