✦ 스마트 요약
Circular No. 16/2010/TT-BNNPTNT stipulates the work of protecting state secrets within the Agriculture and Rural Development Sector. The Circular applies to agencies, units, organizations, and individuals related to state secrets in this sector. Notably, it covers the management, storage, transportation, destruction of documents and objects carrying state secrets; as well as provisions regarding the provision of information and contact with foreign organizations and individuals.
적용 범위
Agencies, units, organizations, and individuals engaged in work related to state secrets within the Agriculture and Rural Development Sector.
핵심 사항
- those engaged in work related to state secrets must commit to protection in writing and submit to the security department for safekeeping.
- Strictly prohibited from collecting, leaking, or appropriating documents and objects carrying state secrets.
- When drafting, printing, photocopying documents and objects carrying state secrets, they must be done in a secure location and marked with the level of confidentiality.
- Dissemination and study of information within the scope of state secrets shall only be carried out according to the principle of correct target and necessary scope for dissemination or study.
- Transportation and handover of documents and objects carrying state secrets must be conducted in accordance with regulations on sealing and confidentiality.
🌐 이 문서의 사회적 영향
- Positive impact: Helps protect national security, preventing the leakage or loss of confidential information.
- Negative impact: May cause difficulties in information exchange among agencies, organizations, and individuals.
❓ 자주 묻는 질문
What should be done when state secret documents or objects are found missing?
The recipient must immediately report to the head of the agency or unit to take timely measures.
Who is authorized to provide information within the scope of state secrets to foreign organizations and individuals?
Vietnamese citizens may only provide information according to the content approved by the competent authority. The recipient must commit to using it for the intended purpose and not disclose it to third parties.
What should be done when taking state secret documents or objects abroad?
Must obtain permission and written approval from the competent authority. While abroad, they must manage and protect the confidentiality of state secret documents and objects.
How is the work of protecting state secrets within the Agriculture and Rural Development Sector inspected?
Heads of relevant agencies and units must review and propose amendments to the list of secrets annually. At the same time, they must organize and inspect the work of protecting state secrets within their jurisdiction.
Are there any provisions regarding the use of specific encryption in the Agriculture and Rural Development Sector?
Agencies and units requiring the use of specific encryption must ensure compliance with general State regulations. In cases where wireless communication equipment installation and use is required, registration and management by competent authorities under the Ministry of Public Security, Ministry of National Defense, and Ministry of Posts and Telecommunications are necessary.
전문
CIRCULAR
Regulations on the protection of state secrets belonging to the Ministry of Agriculture and Rural Development
Pursuant to the Ordinance on Protecting State Secrets dated December 28, 2000;
Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
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 Decision No. 128/2009/QĐ-TTg dated October 27, 2009 of the Prime Minister stipulating the list of state secrets classified as Top Secret and Confidential belonging to the Ministry of Agriculture and Rural Development;
Pursuant to Circular No. 12/2002/TT-BCA(A11) dated September 13, 2002 of the Ministry of Public Security guiding the implementation of Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government;
Pursuant to Circular No. 73/2009/TT-BCA dated December 24, 2009 of the Ministry of Public Security stipulating the list of state secrets classified as Secret belonging to the Ministry of Agriculture and Rural Development;
The Ministry of Agriculture and Rural Development hereby stipulates the regulations on the protection of state secrets belonging to the Ministry of Agriculture and Rural Development as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
Article 1. This Circular stipulates the work of protecting state secrets belonging to the Ministry of Agriculture and Rural Development.
2. This Circular applies to agencies, units, organizations, and individuals involved in work related to state secrets belonging to the Ministry of Agriculture and Rural Development.
Article 2. List of State Secrets in the Ministry of Agriculture and Rural Development
The list of state secrets in the Ministry of Agriculture and Rural Development includes information, documents, and objects containing state secrets as prescribed in Decision No. 128/2009/QĐ-TTg dated October 27, 2009 of the Prime Minister stipulating the list of state secrets classified as Top Secret and Confidential belonging to the Ministry of Agriculture and Rural Development and Circular No. 73/2009/TT-BCA dated December 24, 2009 of the Minister of Public Security stipulating the list of state secrets classified as Secret belonging to the Ministry of Agriculture and Rural Development.
Article 3. Standards for personnel involved in work related to state secrets
Clause 1. Officials, civil servants, public employees, and individuals directly involved in work related to state secrets of the Ministry of Agriculture and Rural Development must have good moral qualities, a sense of responsibility, organizational discipline, and awareness of maintaining state secrets; they must possess professional qualifications, expertise, and the ability to complete assigned tasks, and must commit in writing to protect state secrets; such written commitments must be submitted to the confidentiality department of the agency or organization holding the secrets.
Clause 2. Individuals tasked with handling state secrets in any form must strictly adhere to the provisions of this Circular and other laws regarding the protection of state secrets.
Article 4. Prohibited Acts
Clause 1. Strictly prohibited are all acts of collecting, leaking, losing, appropriating, buying, selling, or illegally destroying documents and objects containing state secrets belonging to the Ministry of Agriculture and Rural Development.
Clause 2. Strictly prohibited are all agencies, organizations, and individuals from providing to news media, publishing houses, or mass organizations within and outside the country documents and objects containing state secrets belonging to the Ministry of Agriculture and Rural Development without or without permission from authorized authorities.
Clause 3. Strictly prohibited are agencies, organizations, and individuals from independently researching, producing, or using encryption to conduct activities that undermine national security and other actions violating regulations on the storage, preservation, and protection of state secrets in the Ministry of Agriculture and Rural Development.
PART II
SPECIFIC PROVISIONS
Article 5. Drafting, printing, photocopying documents and objects containing state secrets belonging to the list of state secrets in the Ministry of Agriculture and Rural Development
Clause 1. When drafting documents containing state secrets in the Ministry of Agriculture and Rural Development, the drafter must propose the level of secrecy for each document, and the person approving and signing the document must be responsible for deciding to stamp the degree of secrecy and the circulation scope of the document. For objects containing state secrets such as tapes, discs recorded with audio or video, photos, etc., there must be a written document clearly stating the name of the object and stamped with the degree of secrecy.
Clause 2. The drafting, typing, printing, and photocopying of documents, files, and materials containing state secrets must be conducted in a secure location as specified by the head of the agency or unit directly managing the documents and objects containing state secrets. In special cases, when required, it must be done on equipment systems that have been inspected and meet the conditions for ensuring safety and confidentiality. Computers connected to the Internet must not be used for drafting, printing, or photocopying confidential documents.
Clause 3. When organizing to solicit opinions to draft documents containing state secrets, the main drafting agency must clearly define the scope and targets (agencies, organizations, and individuals relevant) for soliciting or consulting opinions, and must stamp the necessary degree of secrecy on the draft before sending it out for comments. Agencies, units, and individuals receiving the draft must manage and use it according to the degree of secrecy marked on the draft.
Clause 4. Personnel responsible for printing and photocopying documents and objects containing state secrets may only print or photocopy the number of copies approved by the head of the agency or unit or the authorized person, and must absolutely not type or print extra copies. After typing, printing, or photocopying, they must check and immediately destroy any excess copies and defective prints.
Clause 5. After completing typing, printing, or photocopying confidential documents, they must stamp the degree of secrecy, the recall stamp (if necessary), page numbers, copy numbers, quantity printed, circulation scope, recipient, name of the typist, printer, proofreader, and photocopier. For confidential documents photocopied on tapes or discs, they must be sealed and stamped with the degree of secrecy, and the name of the photocopier must be clearly stated on the seal.
Clause 6. Documents and materials classified as "Top Secret," "Confidential," or "Secret" if required to be photocopied or converted to another format must be agreed upon in writing by the head of the agency or unit issuing the original document, and the permitted quantity for photocopying or conversion must be clearly stated.
Article 6. Dissemination and study of information within the scope of state secrets in the Agriculture and Rural Development sector
Dissemination and study of information within the scope of state secrets in the Agriculture and Rural Development sector must be carried out according to the following principles:
1. To the correct subjects and scope that need to be disseminated or studied.
2. Organized at places ensuring confidentiality and safety.
3. Recording, audio recording, or video recording may only be done with permission from the head of the agency or organization directly managing such secrets. Audio tapes and video recordings must be managed and protected like original documents.
Article 7. Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…về dấu và sử dụng dấu mật
Documents and objects carrying state secrets must be stamped with the appropriate level of secrecy based on their degree of confidentiality: Top Secret, Confidential, or Secret. The models for these stamps are prescribed in Clause 2, Point c of Circular 12/2002/TT-BCA(A11) dated September 13, 2002, guiding the implementation of Decree 33/2002/NĐ-CP dated September 13, 2002, detailing the enforcement of the Ordinance on State Protection; specifically as follows:
1. Model stamp for Confidential: Rectangular shape, size 20mm x 8mm, with a border around it, inside which is the word "CONFIDENTIAL" in capital letters, bold font, evenly spaced from the border by 2mm.
2. Model stamp for Top Secret: Rectangular shape, size 30mm x 8mm, with a border around it, inside which is the phrase "TOP SECRET" in capital letters, bold font, evenly spaced from the border by 2mm.
3. Model stamp for Top Secret: Rectangular shape, size 40mm x 8mm, with a border around it, inside which is the phrase "TOP SECRET" in capital letters, bold font, evenly spaced from the border by 2mm.
4. Model stamp for retrieving documents carrying state secrets: Rectangular shape, size 80mm x 15mm, with a border around it, inside which are two lines of text, the top line in capital letters, bold font "DOCUMENTS TO BE RECOVERED", the bottom line is the phrase "Time limit……" in regular font at the beginning of the line and dots until the end, characters in each line evenly spaced from the border by 2mm.
5. Model stamp "Only named person can open": Rectangular shape, size 100mm x 10mm, with a border around it, inside which is the phrase "Only named person can open" in regular font, bold, evenly spaced from the border by 2mm.
6. Determining and stamping the level of confidentiality on documents must be based on the list of state secrets classified as Top Secret, Confidential, and Secret in the Agriculture and Rural Development sector as stipulated by the Prime Minister in Decision No. 128/2009/QĐ-TTg dated October 27, 2009, regarding the list of state secrets classified as Top Secret and Confidential in the Agriculture and Rural Development sector, and Circular No. 73/2009/TT-BCA dated December 24, 2009, issued by the Minister of Public Security concerning the list of state secrets classified as Secret in the Agriculture and Rural Development sector.
The ink used for stamping all types of stamps above shall be red. The appropriate level of secrecy stamp must be affixed to the first page, top left corner of the confidential document.
Article 8: Transporting, delivering, and receiving documents and objects carrying state secrets.
When transporting and delivering documents and objects carrying state secrets, the following regulations must be followed:
1. Transporting and delivering documents and objects carrying state secrets within the country must be performed by staff engaged in security work or dedicated liaison officers of the agency or organization. If transported via postal service, it must comply with specific regulations of the Postal Service.
2. Transporting and delivering documents and objects carrying state secrets between domestic agencies and organizations and those of the Vietnamese Government abroad must be conducted by diplomatic liaison forces.
3. All cases of transporting and delivering state secrets documents and objects through liaison units must be carried out according to the principle of confidentiality and sealing.
4. During transportation of documents and objects carrying state secrets, sufficient means of preservation and protective personnel must be provided to ensure safety during transit. During transit, they must not stop or park at any location unless safety is guaranteed; in all cases, responsible personnel must carefully guard the confidential documents.
5. The sending and receiving locations must organize inspections and verifications to detect errors and losses for prompt handling; the delivery and receipt must be fully recorded in a special tracking logbook, and the recipient must sign for receipt.
6. Staff traveling on official business may only carry documents and objects within the scope of state secrets relevant to their assigned tasks; they must obtain approval from direct leadership and register with the security department; they must have a plan to protect the documents and objects carrying state secrets during travel; upon completion of the task, they must jointly inspect and return the documents to the agency with the security department.
7. Sending documents and objects carrying state secrets must be carried out according to the following regulations:
a. Registering: Before sending, documents and objects carrying state secrets must be registered in the "Confidential Documents Sent" logbook. All columns and items must be filled in completely: serial number, date, month, year, place of receipt, summary of content, degree of confidentiality, urgency, name of recipient (signature, full name);
b. Issuing a dispatch form: Dispatched documents and objects carrying state secrets must be accompanied by a dispatch form and placed together in the envelope with the documents. The dispatch form must clearly indicate the sender, dispatch number, recipient, identification number of each dispatched document, and stamp the degree of confidentiality and urgency of the document in the upper right corner of the form. Upon receipt of confidential documents, the recipient must immediately return the dispatch form to the sender;
c. Enveloping: Documents and objects carrying state secrets sent must not be mixed in the same envelope with ordinary 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 off.
Do not write or stamp any words such as Confidential, Top Secret, or Top Secret on the outside of the envelope. Appropriate level of confidentiality stamps must be affixed to the outside of the envelope, as follows:
- For documents classified as "Confidential", stamp the letter "C" (stamp the letter C in capital letters, bold font, within a circular border with a diameter of 15mm);
- For documents classified as "Top Secret", stamp the letter "B" (stamp the letter B in capital letters, bold font, within a circular border with a diameter of 15mm);
- For documents classified as "Top Secret": These documents must be sent in two envelopes:
+ Inner envelope: Clearly indicate the number and code of the document, the name of the recipient, and stamp the degree of confidentiality of the document. If the document is "Top Secret" and needs to be sent directly to a responsible person, stamp "Only named person can open";
+ Outer envelope: Indicate as usual, stamp the letter "A"(stamp the letter A in capital letters, bold font, within a circular border with a diameter of 15mm).
8. Receiving confidential documents:
a. All types of confidential documents received from any source must be registered in the "Confidential Documents Received" logbook by the secretary to track and transfer to the responsible person for handling;
b. In case the documents or items carrying state secrets sent with an envelope marked "Only the named person may open the envelope," the clerk shall record it in the logbook according to the serial number marked on the envelope and immediately transfer it to the named recipient. If the named person is absent, it shall be immediately transferred to the person responsible for handling it, and the clerk shall not open the envelope.
c. In case the documents or items carrying state secrets sent do not comply with the confidentiality procedures at the sending location, they shall be transferred to the person responsible for handling them, and the sending location shall be informed simultaneously to learn from the experience. If signs of opening or tampering with the envelope containing state secrets, leakage of state secrets, or swapping, loss, damage, or destruction of the documents are discovered, the recipient must immediately report to the head of the agency or unit to take timely measures.
9. Retrieving documents and items carrying state secrets.
When receiving or returning classified documents marked for retrieval, the clerk must monitor and retrieve or return them to the sender within the specified time limit, and must check, reconcile, and keep track in the records to ensure that classified documents are not lost.
Article 9: Statistics, retention, and preservation of documents and items carrying state secrets.
1. Agencies and units retaining state secrets must statistically record documents and items within their scope of state secrets according to chronological order and level of secrecy.
2. Documents and items within the scope of state secrets must be stored and preserved strictly. Documents classified as "Top Secret" or "Secret" must be kept separately in places equipped with sufficient security and preservation facilities to ensure safety. The heads of agencies and units directly managing state secrets must regularly inspect and direct the statistics, storage, and preservation of state secrets within their jurisdiction.
Article 10: Authority to decide on the destruction of documents and items carrying state secrets..
1. The destruction of documents and items carrying state secrets of all levels of secrecy in the Ministry of Agriculture and Rural Development at the central level shall be decided by the Deputy Minister, Director-General, or equivalent; at provincial-level agencies and units, it shall be decided by the Provincial Department of Agriculture and Rural Development Director or equivalent.
2. For cryptographic matters, follow the provisions of the Government Cryptographic Board.
Article 11. Organization to carry out the destruction of documents and items carrying state secrets.
1. Establish a Committee for the Destruction of Documents and Items Carrying State Secrets consisting of:
a. The Chairman of the Committee is the Head of the Agency or Unit needing to destroy classified documents.
b. Members of the Committee include representatives from related units such as the Office, Cadre and Civil Servant Affairs Division, and those directly managing the classified documents to be destroyed...
2. Tasks of the Committee for the Destruction of Documents and Items Carrying State Secrets:
a. Prepare a complete list of each document and item carrying state secrets of the Ministry of Agriculture and Rural Development to be destroyed, including detailed information such as the document number, number of copies, summary of the document, signature, and position. The minutes must reflect the method, procedure, and personnel involved in the destruction process in accordance with the law. The minutes must contain signatures of all committee members participating in the destruction.
b. Do not leak state secrets.
c. For state secrets printed on paper, they must be torn, burned, or ground to a size that cannot be pieced together.
d. For items carrying state secrets such as audio tapes, video discs, films, photographs... they must be altered completely in form and function so that they cannot be exploited or used anymore.
2. In special cases where conditions do not allow for organized destruction of documents and items carrying state secrets as prescribed above, if failure to destroy these documents and items immediately will cause serious consequences for national security or other interests of the state, the person currently managing these documents and items may destroy them themselves but must report in writing to the head of the agency or organization and the local police authority immediately afterwards. If self-destruction of documents and items carrying state secrets is not justified, the person who destroys them shall bear responsibility under the law.
Article 12. Providing information within the scope of state secrets of the Ministry of Agriculture and Rural Development to agencies, organizations, and Vietnamese citizens.
1. Persons assigned the task of gathering information within the scope of state secrets of the Ministry of Agriculture and Rural Development must have a national identity card along with an introduction letter and a document from the agency clearly stating the content and requirements for gathering information, and must obtain approval from the competent authority of the agency or unit holding the documents.
2. Agencies and units retaining state secrets of the Ministry of Agriculture and Rural Development when providing information within the scope of state secrets to agencies, organizations, and Vietnamese citizens must obtain approval from the competent authority according to the following provisions:
a. State secrets of Top Secret and Secret levels shall be approved by the Minister of Agriculture and Rural Development and the Chairman of the People's Committee of the province.
b. State secrets of Secret level shall be approved by the Deputy Minister, Director-General (or equivalent) at the central level and the Provincial Department of Agriculture and Rural Development Director (or equivalent) at the local level.
3. Agencies, units, and individuals implementing the provision must provide information only according to the approved content. The recipient of the information may not disclose it and may not provide it to a third party. The details of the information provision session must be recorded in the minutes to report to the person who approved the provision of information and submitted to the security department of the agency or unit.
Article 13. Protection of State Secrets belonging to the Agriculture and Rural Development sector in relations with foreign organizations and individuals.
1. Agencies, units, and individuals within the Agriculture and Rural Development sector engaging in relations or contacts with foreign agencies, organizations, and foreign individuals (both inside and outside Vietnam) shall not disclose State Secrets generally and specifically those of the Agriculture and Rural Development sector.
2. When implementing international cooperation programs or performing official duties, if there is a requirement to provide information classified as State Secrets to foreign organizations and individuals, they must comply with the following principles:
a. Protecting national interests;
b. Only providing information approved by competent authorities according to the following provisions:
- Top Secret State Secrets must be approved by the Prime Minister;
- Confidential State Secrets must be approved by the Minister of Public Security;
- Secret State Secrets must be approved by the head or authorized representative of central and local agencies and organizations.
3. When providing information, a record must be made, wherein the recipient must commit to using the information for its intended purpose and not disclosing it to third parties.
Article 14. Carrying State Secrets belonging to the Agriculture and Rural Development sector out of the country.
Vietnamese citizens carrying State Secrets belonging to the Agriculture and Rural Development sector out of the country for work, study, or scientific research must comply with the following regulations:
1. Must obtain permission and written approval from the competent authority as stipulated in Clause 2, Article 12 of this Circular. The application must clearly state: the person carrying State Secrets, destination, and purpose of use. Upon departure, the written approval from the competent authority must be presented to the immigration control agency at the border checkpoint.
2. During their stay abroad, measures must be taken to manage and protect the State Secrets carried along.
3. If provided to foreign organizations and individuals, it must be done in accordance with Article 13 of this Circular.
Article 15. Using private codes
Agencies and units under the Agriculture and Rural Development sector that need to use private codes must ensure compliance with general regulations set by the State. In cases where installation and use of wireless communication equipment are required, registration and management by relevant agencies under the Ministries of Public Security, National Defense, and Posts and Telecommunications must be followed according to general regulations.
Article 16. Reporting system for protecting State Secrets belonging to the Agriculture and Rural Development sector.
1. Agencies and units directly under the Ministry related to State Secrets belonging to the Agriculture and Rural Development sector must implement the reporting system as follows:
a. Immediate reports: Incidents involving the leakage or loss of State Secrets, or violations of laws on protecting State Secrets that harm national security or the interests of the State.
b. Periodic reports include:
- Annual summary reports;
- Five-year comprehensive reports.
2. Recipients of reports:
a. Ministry of Agriculture and Rural Development (through the Personnel Department);
b. Heads of superior agencies;
c. People's Committees of provinces and centrally-administered cities; Provincial Police Departments where the agencies and units are located.
Chapter III
IMPLEMENTATION
Article 17. Responsibility for Implementation
Within the scope of their functions, tasks, and powers, agencies, organizations, units, and individuals related to State Secrets belonging to the Agriculture and Rural Development sector have the responsibility to strictly implement the provisions of this Circular.
2. Based on the nature, characteristics, content, and volume of work, heads of agencies and units related to State Secrets belonging to the Agriculture and Rural Development sector have the responsibility to allocate staff to perform State Secret protection work as prescribed in this Circular and other regulatory documents.
3. The Personnel Department is responsible for disseminating, implementing, and supervising the implementation of this Circular.
4. At the beginning of each year, heads of agencies and units related to State Secrets belonging to the Agriculture and Rural Development sector have the responsibility to review and propose amendments and supplements to the list of secrets, changes in classification levels, and decryption of the list of State Secrets classified as "Top Secret," "Confidential," and "Secret" belonging to the Agriculture and Rural Development sector (through the Personnel Department) for compilation, supplementation, and change of State Secret lists to be submitted to the Minister of Agriculture and Rural Development for submission to the competent authority for decision.
5. In addition to the regulations on protecting State Secrets belonging to the Agriculture and Rural Development sector stipulated in this Circular, heads of agencies and units directly under the Ministry must also implement regulations on: registering inventions, utility models, and useful solutions containing State Secrets; managing areas and locations within the scope of State Secrets; protecting restricted areas, storage places, and places conducting activities containing State Secrets; protecting State Secrets and national codes; protecting State Secrets when transmitted via communication means; protecting State Secrets in publishing, journalism, and other mass media activities; constructing facilities and technical infrastructure to serve State Secret protection work; inspecting and supervising in the field of State Secret protection...as prescribed in Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the Ordinance on Protecting State Secrets and Circular No. 12/2002/TT-BCA(A11) dated September 13, 2002 of the Ministry of Public Security.
Article 18. Effective Date
This Circular takes effect 45 days from the date of signature and replaces Decision No. 53/2004/QĐ-BNN dated October 21, 2004 of the Minister of Agriculture and Rural Development on issuing the "Regulations on Protecting State Secrets in the Field of Agriculture and Rural Development" and Decision No. 21/2002/QĐ-BTS dated December 31, 2002 of the Minister of Fisheries on issuing the "Regulations on Protecting State Secrets of the Fisheries Department."
The heads of agencies and units related to state secrets within the Agriculture and Rural Development sector shall be responsible for organizing the implementation and inspecting (periodically or unexpectedly) the work of protecting state secrets within their management scope according to the authority granted, promptly identifying and rectifying any deficiencies and vulnerabilities, and simultaneously reporting to their direct superior managers for timely measures to address them.
During the implementation process, if there are any obstacles and the need for amendments and supplements, it is recommended that agencies, organizations, and individuals reflect these issues to the Ministry of Agriculture and Rural Development for research and resolution ./ .
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관계도
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근거 7
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시스템에 없음
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Expired
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지침 제공 2
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