Decision No. 1657/2005/QĐ-TTCP Issuing the Regulation on Protecting State Secrets in the Inspection Sector

DECISION OF THE GOVERNMENT AUDITOR GENERAL

Issuing Regulations on Protecting State Secrets in the Inspection Sector

 

GENERAL INSPECTOR

 

Pursuant to the Inspection Law 2004;

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

Pursuant to Decree No. 33/2002/NĐ-CP dated December 28, 2000 of the Government detailing the implementation of the Ordinance on Protecting State Secrets;

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and Ministerial-Level Agencies;

Pursuant to Decision No. 588/2004/QĐ-BCA(A11) dated June 25, 2004 of the Minister of Public Security regarding the list of state secrets in the inspection sector;

Considering the proposal of the Director of the Government Inspectorate Office,

 

DECISION:

 

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

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette; it revokes Decision No. 460/TTNN dated May 13, 1994 of the National Inspector General on the internal regulations on protecting state secrets of the National Inspectorate.

Article 3. Heads of departments under the Government Inspectorate; Chief Inspectors of central ministries and sectors; Chief Inspectors of provinces and centrally governed cities are responsible for implementing this Decision./.

 

REGULATIONS

 

PROTECTING STATE SECRETS IN THE INSPECTION SECTOR

(Attached to Decision No. 1657/2005/QĐ-TTCP dated September 6, 2005

of the Government Auditor General)

PART I
GENERAL PROVISIONS

Article 1. State secrets in the inspection sector fall within the scope of the list of state secrets defined by the Minister of Public Security in Decision No. 588/2004/QĐ-BCA(A11) dated June 25, 2004 (referred to as state secrets in the inspection sector) and relevant provisions of law.

Article 2. These Regulations apply to agencies, units, organizations, and individuals inside and outside the inspection sector involved in work related to state secrets in the inspection sector.

Article 3. Staff members engaged in work directly related to state secrets of the inspection sector must have good moral qualities, be vigilant about protecting state secrets, have a high sense of responsibility; possess professional expertise and capabilities to fulfill assigned tasks.

Those entrusted with tasks involving access to state secrets must fully comply with the provisions of these Regulations and other relevant laws.

Article 4. Strictly prohibited are all acts of collecting, providing, leaking, losing, appropriating, buying, selling, or illegally destroying state secrets.

Chapter II

SPECIFIC PROVISIONS

I. DETERMINATION OF CLASSIFICATION LEVELS, CHANGE OF CLASSIFICATION LEVELS, DECLASSIFICATION, AMENDMENT, AND SUPPLEMENTATION OF THE LIST OF STATE SECRETS

Article 5. Subordinate units under the Government Inspectorate, inspectors at various levels, and relevant sectors are responsible for:

1. Fully understanding the scope of state secrets according to the list of state secrets in the inspection sector. Timely and accurately identifying all existing or newly arising state secrets during the performance of assigned functions and tasks.

For new contents not included in the list but requiring confidentiality due to practical needs, they must immediately report to the Government Auditor General for examination and decision by the competent authority.

2. Annually (in the first quarter), units under the Government Inspectorate, inspectors of central ministries and sectors, and provincial inspectors must review the list of state secrets within their management scope. If changes in classification levels, declassification, or identification of new contents requiring confidentiality are deemed necessary, they must report to the Government Auditor General for amendment and supplementation of the list of state secrets in accordance with legal provisions.

II. PROTECTION OF STATE SECRETS IN THE PREPARATION, COPYING, PRINTING OF CONFIDENTIAL DOCUMENTS

Article 6. When preparing, typing, printing confidential documents, copying, photographing files, materials, objects carrying state secrets related to state secrets in the inspection sector, the following rules must be followed:

1. Preparation, typing, printing, copying, and photographing of confidential materials must be conducted in secure locations managed directly by the unit head in charge of the confidential materials, as stipulated. Computers connected to the Internet may not be used for typing, printing, copying, or storing confidential documents.

2. The Department Head or unit head must assign individuals meeting the criteria set forth in Article 3 of these Regulations to perform tasks of typing, printing, copying, and photographing confidential materials. Outsourcing such tasks to external personnel is not allowed.

3. When drafting documents containing state secrets, the drafter must propose the appropriate level of confidentiality according to the list to the direct supervisor; the reviewer and signer of the document are responsible for deciding on the stamping of the confidentiality level, the number of copies issued, and the circulation range.

For objects carrying state secrets (tapes, discs, films...), they must be sealed with a document clearly stating the specific name of the object kept alongside and stamped with the confidentiality level on this document.

4. When organizing feedback to draft documents containing state secrets from relevant agencies, organizations, and individuals, the main drafting unit must clearly define the scope and targets, and stamp the necessary confidentiality level on the draft before sending it out for comments.

5. Individuals responsible for typing, printing, copying, and photographing confidential documents and objects must print, copy, and photograph only the required number of copies, stamp the confidentiality level, recall stamp (if needed), page number, print quantity, circulation range, name of typist, printer, proofreader, and copier. For confidential material copied or photographed in the form of tapes, discs, films..., sealing and stamping the confidentiality level, and noting the name of the copier or photographer on the seal must be done.

After completion of typing, printing, copying, and photographing, a thorough check must be conducted and the draft (if not to be retained) and defective copies, carbon paper, and used carbon sheets must be destroyed immediately in the presence of the recipient or security staff (if available); if typed on a computer, data must be deleted immediately upon completion of document printing, except in special cases where retention is allowed until the document is issued.

Copying or photographing confidential documents or objects carrying state secrets (tapes, discs, films, photos...): for documents classified as "Top Secret" or "Secret," written consent from the issuing body must be obtained, specifying the number of copies; for documents classified as "Confidential," approval from the agency head is required.

6. The affixing of the level of confidentiality stamp on confidential documents and the models of confidentiality stamps, the models of recovered document stamps, and the model of the "only named persons may open" stamp shall be carried out in accordance with the provisions of Circular No. 12/2002/TT-BCA 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 and other relevant regulations concerning the protection of state secrets.

7. The ink used for stamping seals shall be bright red.

III. PROTECTING STATE SECRETS IN THE TRANSPORTATION AND HANDOVER OF CONFIDENTIAL DOCUMENTS AND OBJECTS CARRYING STATE SECRETS

Article 7. The transportation and handover of confidential documents and objects carrying state secrets (hereinafter collectively referred to as confidential documents) must ensure absolute safety and be carried out in accordance with the following regulations:

1. Handover of Confidential Documents:

All cases of handing over confidential documents between stages such as drafters, typists, printers, clerical staff, liaison officers, responsible handlers, custodians, and preservers must be recorded in a logbook and signed off by both the giver and the receiver. The handover of confidential documents must be conducted directly at the workplace and must comply with the safety regulations stipulated by the head of the unit holding the confidential documents.

2. Sending Confidential Documents:

a) Logging: Confidential documents before being sent out must be logged in the "Confidential Documents Out Logbook." All columns and items must be filled in completely, including serial number, date, month, year, recipient location, summary of content, degree of confidentiality, urgency level, and signature of the person receiving (full name). In cases where "Top Secret" documents are sent out, the summary of content column can only be filled in upon authorization from the competent authority. Confidential documents sent out must be placed in sealed envelopes and handed over to the clerical staff for external envelope preparation.

b) Preparing the Dispatch Form: Confidential documents sent out must be accompanied by a dispatch form which must be placed inside the envelope together with the documents. The dispatch form must clearly indicate the sender's location, dispatch form number, recipient's location, identification code of each dispatched document, and the degree of confidentiality and urgency stamps must be affixed in the upper left corner of the form.

Upon receipt of confidential documents, the dispatch form must be returned to the sender.

c) Envelope Preparation: Confidential documents sent out must not be mixed in the same envelope with regular documents. The envelope for sending confidential documents must be made of durable paper with low water absorption, difficult to peel, and opaque.

Stamping the degree of confidentiality outside the envelope as follows:

- For "Confidential" documents, stamp the letter "C."

- For "Top Secret" documents, stamp the letter "B."

- For "Top Secret" documents sent in two envelopes:

+ Inner envelope: Clearly write the serial number and identification code of the document, the recipient's name, and stamp the "Top Secret" degree. If the document is sent specifically to a responsible handler, stamp "Only named persons may open."

+ Outer envelope: Write as usual and stamp the letter "A."

d) Sealing: When sending "Top Secret" and "Top Secret" documents, the inner envelope must be sealed at the intersection of the seams on the back with wax or thin paper that is difficult to peel. The sealing stamp must be affixed half on the wax or sealing paper and half on the envelope paper using bright red ink.

3. Receipt of Incoming Confidential Documents:

All incoming confidential documents from any source must go through the clerical department of the agency or unit and be logged in the "Incoming Confidential Documents Logbook" for tracking and forwarding to the responsible handler.

If the incoming confidential document has an "Only named persons may open" stamp on the inner envelope, the clerical staff must log the serial number noted on the outer envelope and immediately forward it to the named person. If the named person is absent, it should be forwarded to the authorized person to handle. The clerical staff must not open the envelope.

After receiving and inspecting all incoming confidential documents, the clerical staff must sign off on the dispatch form and return it to the sender.

If the incoming confidential document shows signs of tampering, opening, leaking secrets, or being switched, lost, damaged..., the recipient must prepare a confirmation record and report immediately to the head of the agency or unit for prompt action.

4. Retrieval of Confidential Documents:

Confidential documents marked with a "Retrieval Document" stamp must be tracked and retrieved or returned to the sender within the specified time frame. Both when receiving and returning, thorough checks must be conducted to ensure the documents are not lost.

5. Transportation of Confidential Documents:

The transportation of confidential documents must ensure absolute safety according to the following regulations:

It must be carried out by personnel engaged in confidentiality work or clerical staff and liaison officers of the agency or unit.

- During the transportation of confidential documents, there must be sufficient means to ensure preservation, carrying, and keeping; in all circumstances, there must be a responsible person carefully watching over to ensure the absolute safety of all types of confidential documents.

IV. STATISTICAL RECORDS AND STORAGE OF CONFIDENTIAL DOCUMENTS

Article 8. The statistical records, storage, and preservation of confidential documents must be carried out according to the following regulations:

1. Subordinate units under the Government Inspectorate, Inspectorates at various levels, and sectors must establish a logbook to statistically record various types of confidential documents managed by their own units, in chronological order and by degree of confidentiality (including existing confidential documents, newly generated during the operation of the agency or unit, or received from external sources).

2. Confidential documents must be strictly stored and preserved in a place ensuring absolute safety, as designated by the head of the unit. They must not be taken out of the office or brought home without permission. Outside working hours, they must be securely locked in cabinets, desks, or safes.

3. "Top Secret" and "Top Secret" documents must be stored separately and under the supervision of a person designated by the head of the unit.

4. Staff members going on business trips, attending meetings outside the office, or working from home who need to carry confidential documents must obtain approval from the head of the unit, and can only carry documents related to their assigned tasks; they must register with the security department of the agency or unit; they must ensure absolute safety of the documents carried; and upon return, they must submit them to the agency or unit.

V. PROTECTION OF STATE SECRETS IN THE DISSEMINATION, CIRCULATION, STUDY, AND USE OF CONFIDENTIAL DOCUMENTS

Article 9. The dissemination, circulation, study, and use of confidential documents must comply with the following regulations:

1. Scope and Recipients

a) "Top Secret" documents can only be known by the individual responsible for handling them.

b) Documents classified as "Top Secret" shall only be disseminated to individuals or units responsible for handling them.

c) Documents classified as "Secret" shall be disseminated to individuals and units related to the implementation of the document.

2. Implementation must take place at a location ensuring safety, as specified by the Head of the Unit.

3. The person disseminating and assigning tasks must strictly comply with the content assigned by superiors and have the responsibility to remind listeners to keep the information confidential.

4. Recording, audio recording, video recording, filming, photographing may only be done with the permission of the Head of the unit directly managing the state secret to be disseminated. Individuals who listen, learn, record, audio record, film, photograph... must store and use the disseminated state secrets as if they were original documents.

Article 10. When implementing classified documents, the Head of the unit holding the classified documents must inform the individual or department directly responsible for implementation about the level of classification of the document; the person assigned to implement it must not disclose the contents of the classified document to those without a need-to-know.

VI. PROTECTING STATE SECRETS IN INSPECTION ACTIVITIES, IN INFORMATION COMMUNICATIONS AND PUBLIC INFORMATION

Article 11. During the inspection process, the Chief Inspector, members of the inspection team, and related persons must strictly maintain confidentiality regarding all information and documents related to the inspection activities; they shall not write articles or provide news commentary on ongoing inspection cases.

The Chief Inspector and members of the inspection team must securely and confidentially manage inspection documents and files.

Article 12. Any exchange or provision of information containing state secrets to agencies, organizations, or individuals must be approved by the General Inspector or the head of the unit issuing the classified document and must bear responsibility for providing the information.

Article 13. Agencies and units storing state secrets within the list of state secrets in the Inspection sector when providing information within the scope of state secrets must be reviewed by the competent authority according to the following provisions:

1. State secrets classified as "Top Secret" and "Top Secret" shall be reviewed by the General Inspector.

2. State secrets classified as "Secret" shall be reviewed by the Heads of Units under the Government Inspectorate, the Chief Inspectors of Ministries and Central Sector Departments, and the Chief Inspectors of provinces and centrally-administered cities.

3. Agencies, units, and individuals providing classified information must do so strictly in accordance with the approved content. The recipient of the information may not leak it and may not provide the received information to others. The details of the meeting on providing information must be recorded in detail in a minutes report to be reported to the person who approved the provision of information and submitted to the security department of the agency or unit.

Article 14. All contents within the scope of state secrets in the Inspection sector transferred through wireless, wired telegraph, fax... must be carried out through the specialized departments (Special Departments) of authorized agencies. Absolutely no clear content should be transmitted over the telephone system and no classified document content should be exchanged over the regular telephone system.

VII. PROTECTING STATE SECRETS IN FOREIGN RELATIONS ACTIVITIES

Article 15. When interacting with foreign agencies, organizations, and individuals (in Vietnam or abroad) to perform official duties, the following regulations must be followed:

1. Only exchange contents that have been approved by the competent authority and report the results of such interactions to the head of the agency or unit. In addition, no state secrets in general and state secrets of the Inspection sector in particular may be disclosed.

2. If there is a requirement to provide classified information to foreign agencies, organizations, or individuals, the principle must be adhered to:

a) Protect national interests

b) Only provide information approved by the competent authority as follows:

- State secrets classified as "Top Secret" shall be reviewed by the Prime Minister.

- State secrets classified as "Top Secret" shall be reviewed by the Minister of Public Security.

- State secrets classified as "Secret" shall be reviewed by the General Inspector.

When providing information, a minutes report must be prepared, in which the recipient must commit to using the information received for its intended purpose and not disclosing it to third parties.

VIII. PROTECTING STATE SECRETS IN THE DESTRUCTION OF DOCUMENTS CLASSIFIED AS STATE SECRETS

Article 16. Any destruction of classified documents must be approved by the competent authority.

The General Inspector decides on the destruction of documents classified as "Top Secret" and "Top Secret"; the Heads of Units under the Government Inspectorate, the Chief Inspectors of Ministries and Central Sector Departments, and the Chief Inspectors of provinces and centrally-administered cities decide on the destruction of documents classified as "Secret".

Based on the above provisions, the Heads of agencies and units holding classified documents are responsible for examining and deciding on the destruction of classified documents within their management scope.

Article 17. When organizing the destruction of classified documents, a committee must be established consisting of: the Head of the agency holding the classified documents as the Chairman of the Committee; representatives from units destroying classified documents, the Office, the person directly managing the classified documents, security officers, and representatives from related units (as decided by the Chairman of the Committee).

The committee for the destruction of classified documents has the responsibility to:

1. For documents classified as state secrets that are not necessary for national archives, the committee shall prepare a list and a report for approval by the General Inspector and the Heads of agencies and units related to state secrets in the Inspection sector to examine and decide on the destruction.

For cryptographic materials, destruction shall be carried out in accordance with the regulations of the Government Special Department.

2. During the destruction process, the following must be ensured:

- No disclosure or leakage of the contents of classified documents.

- For classified documents printed on paper, they must be burned, torn, ground to a size that cannot be pieced together.

- For classified documents that are carriers of state secrets (used tapes, discs, films...) must be altered completely in shape and function so that they cannot be recovered, exploited, or used.

3. A detailed minutes report must be prepared listing each classified document destroyed, including the document number, number of copies, and a summary of the content. The minutes report must reflect the method, sequence, and personnel involved in the destruction of classified documents. The minutes report must contain signatures of all participants and then submitted for storage in the security department of the agency or unit.

IX. COMMITMENT TO PROTECT STATE SECRETS

Article 18. Personnel assigned to work on security must make a commitment to protect state secrets and keep it in their personnel files at the agency or unit.

Article 19. Individuals who come into contact with (hear, study, use, etc.) information classified as "Top Secret" or "Secret" must commit to protecting state secrets by listing their full name, position, unit, and the specific confidential contents they have accessed, signing their names. The head of the agency or unit, or a person authorized by them, is responsible for compiling this list, signing it, and submitting it for storage in the security department of the managing agency or unit.

X. MONITORING THE IMPLEMENTATION OF WORK TO PROTECT STATE SECRETS AND REPORTING REGIMES

Article 20. Agencies and units tasked with or related to state secrets within the Inspection sector shall conduct regular and spot inspections under the direction of the agency or unit's head, carried out by security personnel.

The content of regular and spot inspections is decided by the head of the agency or unit. After completing the inspection, a record noting strengths, weaknesses, and recommendations from the inspector must be prepared, reported to the agency or unit's head, and submitted to higher authorities.

Article 21. Agencies and units tasked with or related to state secrets within the Inspection sector shall implement reporting systems in the following forms:

1. Spot reports: Immediate reports of sudden incidents that harm state secrets, such as unauthorized disclosure, transfer, or leakage of state secrets in any form, loss, or misplacement of secret documents.

The report must include the location and time of the incident, while simultaneously taking measures to investigate, verify, pursue, recover, prevent, and mitigate potential damage within the scope of management of the agency or unit.

2. Annual reports: Comprehensive reports on the implementation of security work of the agency or unit, once a year, along with annual work reports signed by the agency or unit's head and sent to the Government Inspectorate (Office) for consolidation and reporting to the Prime Minister as required.

Chapter III

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 22. Groups and individuals will be considered for commendation and rewards according to the general state system based on the following criteria:

Successfully completing the assigned tasks of protecting state secrets.

Overcoming difficulties and dangers to protect state secrets. Preventing and mitigating consequences caused by the unauthorized disclosure, loss, or misplacement of state secrets by others.

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

Achieving outstanding results in other areas related to protecting state secrets within the Inspection sector.

Article 23. Groups and individuals violating the state secret protection regime stipulated in this Regulation and other laws on protecting state secrets, affecting the performance of political tasks of the Inspection sector or harming national security, will be subject to administrative penalties, disciplinary actions, or criminal responsibility according to the law, depending on the nature and severity of the violation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 24. Implementing work to protect state secrets in the Inspection sector is the responsibility of agencies, units, and individuals both inside and outside the Inspection sector. Within the scope of their functions, duties, and authority, heads of units under the Government Inspectorate, Chief Inspectors of central ministries and sectors, and Chief Inspectors of central provinces and cities shall implement this Regulation.

Article 25. The Director of the Office of the Government Inspectorate is responsible for monitoring, guiding, inspecting, and consolidating the situation of implementing work to protect state secrets throughout the Inspection sector.

Article 26. In addition to the regulations on protecting state secrets in the Inspection sector set forth in this Regulation, central ministry and sector inspectors, and provincial and city central inspectors must comply with the State Ordinance on Protecting State Secrets; Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the State 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, and other relevant regulations concerning the protection of state secrets./.