Decision No. 161/2005/QĐ-BTM Issuing the Regulation on Protecting State Secrets in the Commerce Sector

DECISION OF THE MINISTER OF TRADE

Issuing the Regulation on Protecting State Secrets in the Trade Sector

THE MINISTER OF TRADE

Pursuant to the Ordinance on Protecting State Secrets dated December 28, 2000;

Pursuant to Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the Ordinance on Protecting State Secrets;

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Commerce;

At the proposal of the Director of the Ministry of Trade's Office,

DECISION:

Article 1. This Decision promulgates the "Regulation on Protecting State Secrets in the Trade Sector" attached hereto..

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations contrary to this Decision are hereby abolished.

Article 3. The Director of the Ministry's Office, Heads of units under the Ministry of Trade, Directors of Trade Departments, and Directors of Trade and Tourism Departments are responsible for implementing this Decision./.

REGULATIONS

Protecting State Secrets in the Trade Sector

(issued together with Decision No. 161/2005/QĐ-BTM dated February 1, 2005)

of the Minister of Trade)

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation:

This Regulation stipulates the protection of documents, information, samples (collectively referred to as documents) related to trade activities that have been specified in the List of State Secrets of the Trade Sector at the degree of "Confidential" as prescribed by Prime Minister's Decision No. 160/2003/QĐ-TTg dated August 4, 2003 and Decision No. 584/2003/QĐ-BCA dated August 25, 2003 of the Ministry of Public Security.

Article 2. Applicability:

This Regulation applies to agencies, units, organizations, and individuals within and outside the Trade Sector (at central and local levels) performing tasks related to State secrets in the Trade Sector.

In addition to complying with the provisions of this Regulation, agencies, organizations, units, and individuals must strictly adhere to the following:

+ The Ordinance on Protecting State Secrets dated December 28, 2000;

+ Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the Ordinance on Protecting State Secrets;

+ 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 detailing the implementation of the Ordinance on Protecting State Secrets.

Article 3. General Requirements for Officials, Civil Servants, and Staff Engaged in Work Related to State Secrets in the Trade Sector:

Officials and staff directly involved in work related to State secrets in the Trade Sector must possess good qualities, a sense of responsibility, organizational discipline, awareness of vigilance in safeguarding State secrets; they must have professional expertise and the ability to complete assigned tasks and must commit in writing to protect State secrets; the written commitment must be submitted to the confidentiality department of the agency or organization for safekeeping.

Article 4. Prohibited Actions:

Strictly prohibited are all actions violating the provisions of this Regulation and current regulations on protecting State documents such as collecting, leaking, losing, appropriating, buying, selling, destroying State secrets illegally, and other acts violating the regulations on maintaining and protecting State secrets in the Trade Sector.

Chapter II

SPECIFIC PROVISIONS ON THE PROTECTION OF STATE SECRETS

IN THE TRADE SECTOR

Article 5. Protection of State Secrets in Drafting, Copying, Printing of Confidential Documents:

1. The drafting, typing, printing, copying of documents, files, materials... containing State secrets must be carried out according to the procedures in places ensuring confidentiality and security as prescribed by the Head of the agency or unit directly managing confidential documents.

In special cases, when required, it must be drafted on systems of equipment 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 copying confidential documents.

2. When drafting documents containing State secrets, the drafter must propose to the direct superior about the level of each document; the person approving the document bears responsibility for deciding on stamping the level of confidentiality and the circulation scope of the document carrying State secrets. For confidential media (tapes, discs recorded, films taken, photos... containing State secrets) must have a document clearly stating the name of the accompanying item and stamping the level of confidentiality on this document.

3. When organizing to seek opinions to draft documents, the leading agency in drafting must clearly define the scope and objects (agencies, organizations, individuals related) requiring opinions or consultations, must stamp the necessary level of confidentiality on the draft before sending for opinions. Agencies, units, and individuals receiving drafts of confidential documents must strictly comply with current regulations on managing, using, circulating documents according to the confidentiality level marked on the draft.

4. Those responsible for printing and copying confidential documents may only print and copy the number of documents approved by the Head of the agency or unit or the authorized person, absolutely not over-typing or over-printing.

After typing, printing, or copying, a thorough check must be conducted, and any excess copies or defective prints must be immediately destroyed.

5. After typing, printing, copying, or photographing confidential documents, they must be stamped with the level of confidentiality, a recall stamp (if necessary), page numbering, copy number, quantity printed, circulation scope, recipient, name of typist, printer, proofreader, copier, photographer. For confidential documents copied or photographed in tape or disc form, they must be sealed and stamped with the confidentiality level clearly stating the name of the copier or photographer on the seal.

6. Documents and materials belonging to the categories of "Top Secret" and "Highly Confidential" if required to be copied or converted to another format must be agreed in writing by the Head of the agency or unit issuing the original document and must specify the permitted number of copies or conversion formats.

Article 6. Protection of State Secrets in Transporting, Receiving, Storing Confidential Documents:

When transporting, receiving, storing State secrets, absolute safety must be ensured and the following regulations must be followed:

1. Receiving confidential State documents:

Every case of receiving confidential State documents between stages (individuals drafting, typing, printing, clerical staff, couriers, persons responsible for handling, storage...) must be recorded in a logbook with signatures from both parties. The receipt of confidential documents must be carried out directly at the workplace of the Head of the agency (or the person authorized by the Head of the agency) or the unit holding the confidential documents.

2. Confidential documents sent out:

a) Enter the logbook: Confidential documents before being sent out must be entered into the "Outgoing Confidential Documents Logbook," with all columns and items filled out completely: serial number, day, month, year, recipient location, summary of content, level of confidentiality, urgency level, recipient (signing name, full name).

b) Issue a dispatch slip: confidential documents to be sent out must be accompanied by a dispatch slip and placed together in an envelope with the document. The dispatch slip must clearly state the sending location, slip number, recipient location, identification number of each outgoing document, affix the appropriate confidentiality and urgency stamps in the top right corner of the slip, and the outgoing document must be placed in a sealed envelope and handed over to the office for external dispatch.

Upon receiving confidential documents, the recipient location must immediately return the dispatch slip to the sender.

c) Prepare the envelope: confidential documents to be sent out must not be mixed in the same envelope with regular documents. Envelope paper must be durable, difficult to peel, water-resistant, and opaque, folded diagonally, and glued securely, making it hard to open.

The process of stamping confidentiality levels on envelopes is as follows:

Appropriate confidentiality level stamps must be affixed to the outside of the envelope without writing or stamping secret, top secret, or absolutely secret in plain text. The rules for numbering and stamping the outside of the envelope are as follows:

- For documents classified as "Confidential," stamp the letter "C" (the uppercase letter C in bold, within a circular border, diameter 1.5 cm).

- For documents classified as "Top Secret," stamp the letter "B" (the uppercase letter B in bold, within a circular border, diameter 1.5 cm).

- For documents classified as "Absolutely Secret." These documents must be sent in two envelopes:

+ Inner envelope: clearly mark the document's number and code, the recipient's name, and stamp the document's confidentiality level. If the document is "Absolutely Secret" and needs to be delivered directly to a responsible person, stamp "only named individual may open."

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

3. Receipt of Incoming Confidential Documents:

All confidential documents from any source sent to agencies or units must go through the office and be logged in the "Incoming Confidential Documents Logbook" for tracking and delivery to the responsible person.

In cases where incoming confidential documents have an inner envelope stamped "only named individual may open," the office must log them according to the outer envelope's markings and immediately deliver them to the named recipient. If the named recipient is absent, deliver immediately to the responsible person; the office must not open the envelope.

4. Retrieval of Confidential Documents:

Confidential documents with retrieval stamps must be monitored and retrieved or returned to the sender within the specified period. Both upon receipt and return, they must be checked, cross-referenced, and tracked in logs to ensure no loss.

5. Transportation of Confidential Documents:

When transporting and handing over confidential documents, absolute safety must be ensured as follows:

- Transporting and handing over confidential documents within the country must be carried out by personnel engaged in security work or dedicated liaison officers of the agency or organization. If transported via postal service, follow specific regulations of the Postal and Telecommunications sector.

- Transporting and handing over confidential documents between domestic agencies and organizations and those of the Vietnamese government abroad must be handled by diplomatic liaison forces.

- During transportation of confidential documents, adequate protective equipment and security personnel must be provided to ensure safety during transit. Confidential documents must be stored in secure metal boxes or locked briefcases.

6. Storage and preservation of confidential documents:

Confidential documents must be strictly stored and preserved. Documents classified as "Absolutely Secret" or "Top Secret" must be stored separately in locations equipped with sufficient storage and security facilities. The storage location for confidential documents is determined by the head of the agency or unit.

7. Inspection and verification:

Regular inspections and verifications must be organized to identify and promptly address any errors or losses.

Article 7. Protecting state secrets when implementing confidential documents:

1. When implementing confidential documents, the head of the agency or unit with such documents must inform the individuals or departments directly responsible about the level of confidentiality; those assigned to handle confidential documents must not disclose their contents to unauthorized persons.

2. When processing confidential documents, those assigned to handle them must not take the documents out of the agency or home. In urgent cases, report to the head of the agency or unit for consideration and decision, and register with the responsible management department while adhering to confidentiality regulations.

3. If staff members need to carry confidential documents for work trips, meetings, or home, they must obtain approval from the head of the agency or unit. Absolute safety must be ensured during travel, at accommodations, and at home; secure storage methods must be used. Others must not view, damage, or lose the documents.

If confidential documents are lost or damaged, penalties will be imposed based on the nature, severity, and consequences of the loss or damage, as stipulated by law.

After completing tasks, confidential documents must be handed over to the management department, with detailed handover records kept by both parties.

Article 8. Protecting state secrets when destroying confidential documents:

1. Destruction of documents, including confidential ones, must comply with the provisions set forth in Article 12 of Chapter II of Decree No. 111/2004/NĐ-CP dated April 8, 2004, issued by the Government.

2. Based on these provisions, the head of the agency or unit with trade-related confidential documents has the responsibility to review and decide on the disposal or destruction of confidential documents within their jurisdiction.

3. For documents listed in the State Secrets Directory that do not require national archival storage, the Council shall prepare a list and submit a report to the Minister of Trade and the head of relevant agencies for review and decision on disposal or destruction.

4. Once the Minister of Trade or the head of relevant agencies approves, the Council shall organize the disposal or destruction of confidential documents, ensuring during implementation:

- No disclosure or leakage of confidential information.

- For classified documents printed on paper, they must be burned, torn, ground to such a degree that they cannot be pieced or reassembled;

- For classified items carrying state secrets (audio tapes, discs, films...) they must be altered entirely in shape and function so that they can no longer be exploited or used;

- A record must be established to fully list the inventory of classified documents in the field of Commerce that have been liquidated or destroyed, including the number of memorandums, copies, and key contents of the documents. The content of the record must reflect the method, procedure, and individuals who carried out the liquidation and destruction of the documents and items according to the provisions of the law. The record must contain signatures of all participants in the liquidation and destruction.

Article 9. Protecting the secrecy of locations and networks of archives storage for classified documents:

1. Not to disclose to individuals or agencies, units not responsible for knowing:

- The location of warehouses where classified files and documents are stored.

- Security protection plans, fire prevention, and firefighting measures.

2. Not to allow individuals without responsibility to visit, survey, or take photographs, film areas of warehouses, main warehouses, places storing classified files and documents without permission from the Minister of Commerce or the head of the agency directly managing those locations.

3. In cases where other individuals, agencies, units need to organize surveys in the vicinity of warehouse areas, main warehouses, places storing classified files and documents, and such surveys harm the protection of state secrets of those warehouse areas, it is necessary to promptly report to the direct leadership to submit to the competent authority for resolution and report to the nearest local government for appropriate measures.

Article 10. Protecting state secrets in the provision of information and communication:

1. When domestic or foreign agencies, units, or individuals request the provision of information within the scope of state secrets, staff members of the Commerce sector may not provide such information without authorization from the head of the agency or unit issuing the classified documents in the field of Commerce. The approval and provision of information within the scope of state secrets shall be governed by the following provisions:

a) Providing information within the scope of state secrets to domestic agencies, units, and citizens.

Individuals assigned the task of gathering information within the scope of state secrets must present their national identity card along with a letter or introduction from the managing agency clearly stating the content and requirements for gathering information, and must obtain permission from the competent authority.

b) Agencies and units holding state secrets when providing information within the scope of state secrets to agencies, units, or individuals must be approved by the competent authority as follows:

- State secrets at the level of "Top Secret" and "Highly Confidential" are approved by the head of the agency or unit issuing the classified documents.

- State secrets at the level of "Confidential" are approved by the Director-General (or equivalent position) at the central level and the Provincial Department Director (or equivalent position) at the local level, where the classified documents were issued.

- Agencies, units, and individuals providing information must strictly adhere to the approved content. The recipient of the information may not disclose the information and may not provide the received information to third parties. The details of the information-provision session must be recorded in a protocol to report to the person approving the information provision and submitted to the security department of the agency or unit.

2. When interacting with foreign organizations, institutions, or individuals:

a) Staff members of the Commerce sector when interacting or contacting foreign organizations, institutions, or individuals (in Vietnam and abroad) may not disclose state secrets generally and specifically those related to the field of Commerce.

b) When implementing international cooperation programs or performing official duties, if there is a requirement to provide information within the scope of state secrets to foreign agencies, units, or individuals, the following principles must be adhered to:

- Protecting national interests;

- Only provide information that has been approved by the competent authority as follows:

+ State secrets at the level of "Top Secret" are approved by the Prime Minister;

+ State secrets at the level of "Highly Confidential" are approved by the Minister of Public Security, except for the defense sector which is approved by the Minister of National Defense;

+ State secrets at the level of "Confidential" are approved by the head or authorized representative of the agency or organization at the central or local level where the classified documents were issued;

- When providing information, a protocol must be established, in which the recipient of the information must commit to using the information for its intended purpose and not disclosing it to third parties.

3. Vietnamese citizens provided with information related to the List of state secrets, carrying classified documents out of the country for work or scientific research must comply with the provisions of Article 10 of this Regulation.

While abroad, measures must be taken to ensure absolute safety for classified documents permitted to be carried. If provided to foreign organizations or individuals, it must be done in accordance with the provisions of Clause 2 of Article 10 of this Regulation.

4. Agencies and units under the Commerce sector requiring the use of specific encryption must ensure compliance with the general regulations of the State; in cases where installation and use of wireless communication equipment (radio, radio telephone) are required, registration and management by relevant agencies under the Ministry of Public Security, Defense, and Posts and Telecommunications must be conducted according to the general regulations.

Article 11. Reporting system.

Agencies and units entrusted with tasks or related to state secrets have the responsibility to protect state secrets in accordance with the regulations and must strictly implement reporting systems in the following forms:

Immediately report to responsible agencies (classified document management agencies, Police...) about sudden incidents that harm state secrets; behaviors forming like notifying, transferring, disclosing state secrets in any form to unauthorized persons or foreign nationals who know state secrets. The content of the report must be detailed and specific regarding the circumstances of the incident, while taking measures to check, verify, recover, and prevent potential harms within the management scope of the agency, unit, or organization.

Annual interim reports and five-year final reports on state secret protection work related to state secrets in the Commerce sector shall be submitted to the Ministry of Commerce (Ministry Office), the direct superior management agency, and the People's Committee of the province or centrally governed city where the agency or unit is located.

The Ministry Office is responsible for compiling the report to the Minister of Commerce for the Minister's guidance.

Chapter III

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 12. Awards:

A collective or individual who achieves any of the following merits shall be considered for rewards according to the general State system: Successfully completing the assigned tasks in protecting state secrets;

- Overcoming difficulties and dangers to protect state secrets;

- Preventing and mitigating the consequences caused by the disclosure of state secrets by others;

- Promptly detecting and reporting acts of probing, stealing, buying, selling, or illegally destroying state secrets;

- Other outstanding achievements related to the protection of state secrets.

Article 13. Handling Violations:

Collectives or individuals violating the state secret protection regime, affecting the implementation of political tasks in the Commerce sector, harming economic development, national security... will be subject to administrative handling, disciplinary action, or criminal prosecution depending on the nature and severity of the violation. If damage to property occurs, compensation must be provided in accordance with the law.

Chapter IV

IMPLEMENTATION

Article 14. Responsibilities of organizations and individuals:

1. Within the scope of their assigned functions, tasks, and authorities, agencies, organizations, units, and individuals possessing state secrets in the Commerce sector are responsible for strictly implementing this Regulation.

2. At the beginning of each year, the heads of agencies and units related to state secrets in the Commerce sector are responsible for reviewing and proposing amendments and supplements to the list of state secrets, changing the level of secrecy, and decoding the list of "Top Secret" and "Secret" state secrets in the Commerce sector to be sent to the Ministry of Commerce for consolidation, supplementation, and change of state secret lists, and reporting to the Minister of Commerce for submission to the competent authority for decision.

3. The Ministry Office is responsible for:

a) Taking the lead in coordinating with the Personnel and Cadres Affairs Department and other units within the Ministry of Commerce to review the list of state secret levels in the Commerce sector to submit to the Minister of Commerce.

b) Guiding and supervising the implementation of regulations on the protection of state secrets by subordinate units.

Compiling a list of state secrets in the Commerce sector that need to be decoded, destroyed, or have their level of secrecy changed.

c) Managing, monitoring, and annually statistics on documents classified as state secrets issued by the Ministry of Commerce or received from external sources.

4. Heads of units in the Commerce sector are responsible for disseminating and supervising staff members in their units to strictly implement this regulation.

Any issues arising during implementation should be reported in writing to the Ministry of Commerce for appropriate supplementation and amendment./.