Circular No. 19/2017/TT-BTTTT on the work of protecting state secrets in the information and communications sector

CIRCULAR

REGULATIONS ON THE WORK OF PROTECTING STATE SECRETS IN THE INFORMATION AND COMMUNICATIONS INDUSTRY

Pursuant to the Ordinance on Protection of 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; tate secrets;

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the request of the Director of the Legal Department,

The Minister of Information and Communications issues this Circular regulating the work of protecting state secrets in the information and communications industry; This Circular regulates the work of protecting state secrets in the information and communications industry; the responsibilities and authorities of agencies, organizations, units, and individuals under the Ministry of Information and Communications and those related parties in the protection of state secrets in the information and communications industry.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to agencies, organizations, units, and individuals working in the information and communications industry and those related parties in the protection of state secrets in the information and communications industry.

Article 2. Applicability

Article 3. State secrets in the information and communications industry

1. Information, documents about incidents, materials, locations, times, statements, files, and other related contents listed in the catalog of Top Secret state secrets and the catalog of Confidential state secrets of the information and communications industry;

2. Information, documents belonging to the catalog of state secrets of ministries, sectors, localities, and other agencies that are managed, used, and kept by agencies, units, and organizations in the information and communications industry during their cooperation in work.

1. Collecting, keeping, transferring, leaking, losing, appropriating, buying, selling, or illegally destroying materials carrying state secrets in the information and communications industry.

Article 4. Prohibited Acts

2. Exchanging, providing information, documents, materials carrying state secrets to agencies, organizations, units, and individuals; printing, copying, photographing documents containing state secrets without approval from competent authorities.

3. Drafting, storing, exchanging, copying secret information and documents on computers or devices connected to the Internet or connected to other devices connected to the Internet.

4. Using devices with recording, filming, signal transmission capabilities and conducting audio and video recordings in meetings with state secrets without permission from the meeting chairperson.

5. Misusing the protection of state secrets to conceal violations of the law; infringing upon lawful rights and interests or obstructing the normal operations of state agencies, organizations, and individuals.

6. Transmitting unencrypted state secret content through electronic devices or postal, telecommunications services, and other media.

Article 5. Commitment to protect state secrets

Chapter II

SPECIFIC PROVISIONS

1. Individuals assigned tasks to come into contact with state secrets in the field of information and communications in any form must strictly comply with all provisions of this Circular and other relevant laws on the work of protecting state secrets, and must commit to protecting state secrets in writing. The written commitment to protect state secrets is filed in the personnel records of the managing agency or unit.

2. Individuals assigned tasks to receive, process, store, manage secret documents, manage secret seals, and affix classification levels and retrieval seals on documents according to the instructions of authorized persons must commit to protecting state secrets in the field of information and communications by listing their full name, position, place of work, and signing the list.

3. Individuals who come into contact (listening, studying, using) with information and documents classified as "Top Secret" or "Confidential" must commit to protecting state secrets in the field of information and communications by listing their full name, position, place of work, the specific contents of the state secrets they have accessed, and signing the list. The head of the agency or unit or the individual authorized to do so is responsible for compiling this list, signing it together, and filing it in the personnel records of the managing agency or unit.

3. Individuals who come into contact (listen to announcements, study, use) with information and documents classified as "Top Secret" and "Secret" must commit to protecting state secrets in the field of information and communications by preparing a list clearly stating their full name, position, place of work, the contents of the secrets they have access to, and signing the list. The head of the agency or unit or the individual authorized shall be responsible for preparing this list, sign it together, and submit it for retention in the personnel file of the managing agency or unit.

Article 6. Provision of State Secrets to Agencies, Organizations, Units, and Individuals

Agencies, organizations, units, and individuals holding state secrets shall only provide them to agencies, organizations, units, and individuals upon approval by competent authorities as prescribed below:

1. Authority to Provide Information, Documents, and Objects Carrying State Secrets to Vietnamese Agencies, Organizations, Units, and Individuals:

a) State secrets at the "Top Secret" and "Highly Confidential" levels shall be approved by the Minister of Information and Communications;

b) State secrets at the "Confidential" level shall be approved by the Director of the Office, Heads of Departments, Bureaus, Units, and equivalent levels under the Ministry of Information and Communications.

2. Authority to Provide Information, Documents, and Objects Carrying State Secrets to Foreign Agencies, Organizations, and Individuals:

a) State secrets at the "Top Secret" level shall be approved by the Prime Minister;

b) State secrets at the "Highly Confidential" level shall be approved by the Minister of Public Security;

c) State secrets at the "Confidential" level shall be approved by the Minister of Information and Communications or their authorized representative.

3. Persons assigned the task of researching and collecting information within the scope of state secrets must have a national identity card or citizen identification card, an introduction letter, and a document from the managing agency specifying the content and purpose of the research and collection. The recipient of the information may not disclose it and may not provide it to third parties.

4. Agencies, organizations, units, and individuals providing information may only provide it according to the approved content. The content of the session on providing information must be recorded in minutes to report to the authority that has approved the provision of information and submitted to the Office or the security department of the agency or unit.

Article 7. Protection of State Secrets in Telecommunications

All contents within the scope of state secrets in the telecommunications sector transmitted through communication means must be encrypted in accordance with the provisions of the law on cryptographic techniques.

Article 8. Protection of State Secrets in Foreign Activities

1. Agencies, organizations, units, and individuals in the telecommunications sector having relations or contacts with foreign organizations and individuals may not disclose state secrets without authorization.

2. 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 organizations and individuals, they must comply with the following principles:

a) Protecting national interests;

b) Only providing information that has been approved by competent authorities as prescribed.

Article 9. Establishment, Amendment, Supplement, Declassification, and Change of Classification Level of State Secret Catalogs

1. Annually (in the first quarter), the Office of the Ministry shall review the catalog of state secrets of the telecommunications sector to consider establishing catalogs that are no longer appropriate, requiring changes in classification levels, declassification, or identifying new secret contents for soliciting opinions from agencies and units within the Ministry, then compiling reports for the Minister's consideration and decision.

2. During the execution of official duties, when discovering information or documents carrying content that needs to be protected outside the established state secret catalog; information or documents requiring changes in classification levels, the Head of the agency or unit under the Ministry must report to the Minister for consideration and decision, and send a copy to the Ministry Office for compilation.

3. The Ministry Office is responsible for compiling the proposals of the Heads of agencies and units under the Ministry and reporting to the Minister, while proposing amendments and supplements to the state secret catalog in accordance with the law.

4. In cases of urgent need to declassify, reduce, or increase the classification level of documents and objects carrying state secrets, the Director of the Office shall propose to the Minister to proceed with declassification, reduction, or increase in classification level according to the procedures and formalities stipulated in Circular No. 33/2015/TT-BCA dated July 20, 2015, issued by the Minister of Public Security guiding the implementation of certain articles of Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on the protection of state secrets.

5. Documents and objects carrying state secrets will automatically be declassified in the following cases:

a) Published on the electronic information website of the agency or unit;

b) Announcing through mass media;

c) Published in the Official Gazette;

d) Posted at the headquarters of the agency or unit or at other locations;

đ) Other forms of public disclosure.

After documents and objects carrying state secrets are automatically declassified, the archivist is responsible for stamping the declassification according to regulations.

Article 10. Drafting, printing, copying, photographing classified documents

1. Authority to approve printing, copying, photographing classified documents:

a) The Minister of Information and Communications has the authority to approve printing, copying, and photographing classified documents and objects with state secrets at levels "Top Secret", "Secret", and "Confidential";

b) The Director of the Ministry's Office, the Inspector General of the Ministry, the Director of the Department, the Director of the Bureau (or equivalent) have the authority to approve printing, copying, and photographing classified documents and objects with state secrets at levels "Secret" and "Confidential";

c) The Director of the Ministry's Office, the Inspector General of the Ministry, the Director of the Department, the Director of the Bureau (or equivalent) who are authorized by the Director of the Ministry's Office or the Head of the specialized department to approve printing, copying, and photographing classified documents and objects with state secrets at level "Confidential";

d) The Minister of Information and Communications, who is authorized by the Director of the Ministry's Office and the Heads of agencies and units under the Ministry to approve printing, copying, and photographing classified documents with state secrets at level "Top Secret".

2. The head of the agency or unit is responsible for confidentiality during the drafting, printing, copying, and photographing of classified documents.

3. The quantity of documents to be printed, copied, or photographed shall be designated by the head of the agency or unit or the person authorized, not exceeding the specified quantity. After completion, the documents must be stamped with the classification level, retrieval stamp (if necessary), page number, copy number, print quantity, circulation range, checked, and destroyed if defective copies exist.

4. The drafting, printing, copying, and photographing of classified documents and objects must be conducted within the agency or unit at a location designated by the head of the agency or unit directly managing the classified documents, and shall not be taken outside the agency or unit.

5. The head of the agency or unit may only assign individuals within the agency or unit to perform tasks related to drafting, printing, copying, and photographing classified documents; individuals outside the agency or unit shall not be allowed to perform these tasks.

6. Objects carrying state secrets must be sealed, labeled with warning labels on the envelope, accompanied by a document clearly stating the name of the object carrying state secrets, and stamped with the classification level on this document.

7. When drafting documents containing state secrets, based on the content of the document, the individual drafting the document must propose the classification level to the direct supervisor according to the list; the approver and signer of the document are responsible for determining the classification level, the number of copies issued, and the circulation range.

8. When organizing to seek opinions to draft documents containing state secrets from relevant agencies, organizations, units, and individuals, the leading agency or unit drafting the document must clearly define the scope and targets, and stamp the necessary classification level on the draft before sending it for comments. Agencies, organizations, units, and individuals receiving the draft must manage and use it according to the classification level indicated on the draft.

9. For documents containing state secrets, the functional unit of the Ministry's Office is responsible for transferring the entire original file to the Ministry's leadership for review and returning the original file to the submitting agency or unit after receiving instructions from the Ministry's leadership. The submitting agency or unit will directly contact the office staff to implement the procedures and formalities for issuing the document in accordance with regulations on protecting state secrets.

Article 11. Determination and Stamping of Classification Level

1. When drafting documents containing state secrets, the drafter or agency drafting the document bases on the lists of state secrets of the information and communications sector to propose the classification level of the document; the signer of the document is responsible for deciding the stamping of the classification level and the circulation range of the classified document.

2. For objects carrying state secrets, there must be a document clearly stating the name of the object accompanying it and stamped with the classification level on this document.

3. The classification level is determined according to the list of state secrets at level "Top Secret" and the list of state secrets at level "Secret" of the information and communications sector.

4. The classification level stamp is placed below the document code and summary; the retrieval stamp is placed below the classification level stamp or at the top right corner of the document.

5. The retrieval stamp for state secret-carrying documents is used when the classified document is only distributed for a specific period, and the user must return the document to the issuing place after the specified period. When stamping "Document Retrieved" on the distributed document, the date and time of document retrieval must be clearly stated on the next line.

6. The stamp "Only named recipient may open" is used when transferring "Top Secret" state secret-carrying documents where only the named recipient on the envelope may open it to ensure the secrecy of the document. The document transfer section must deliver the document directly to the named recipient.

7. The ink used for stamping the various secret stamps is red ink.

8. The model of the seal used in the work of protecting state secrets is implemented according to the provisions of Circular No. 33/2015/TT-BCA dated July 20, 2015, guiding the implementation of certain articles 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 12. Sending, receiving, and retrieving classified documents and items

1. Sending classified documents and items:

a) Classified documents and items must not be sent together with regular documents in the same envelope. The envelope for sending classified documents and items must be made of high-quality paper with low water absorption, sturdy, difficult to peel open, and opaque, and must be sealed tightly;

b) For classified documents and items at the "Top Secret" level, two envelopes must be used. The inner envelope must clearly indicate the number and code of the classified document or item, the name of the recipient, and bear the stamp "Top Secret" on the outside. If it is addressed to a specific person responsible for handling, the stamp "Only named individual may open" should be affixed. The outer envelope should be marked like a regular document envelope, containing the name and address of the recipient, and bearing the letter "A" stamp on the outside without writing or stamping the word "Top Secret";

c) Classified documents and items at the "Secret" and "Confidential" levels shall be sent in one envelope, with the letter "B" or "C" stamped on the outside corresponding to the classification level of the enclosed document;

d) All secret documents sent out must be registered in the "Register of Outgoing Classified Documents" by the office of the agency or unit according to regulations;

2. Receiving classified documents and items:

a) All classified documents and items received from any source must go through the office of the agency or unit and be registered in the "Register of Incoming Classified Documents" for tracking and transferring to the responsible handler;

b) In cases where the envelope bears the stamp "Only named individual may open," the office staff must record the document number and envelope information and immediately transfer the document to the named individual. If the named individual is absent, a phone call must be made to seek instructions to transfer the document to the authorized handler. The office staff must not open the envelope;

c) In cases where classified documents and items are received but the sender has not followed the proper security procedures, the office staff must transfer them to the responsible handler and inform the sender to avoid mistakes in future transmissions. If signs of tampering, opening, substitution, loss, or damage are discovered, the recipient must prepare a report and immediately notify the head of the agency or unit to take timely action;

3. Retrieving classified documents and items:

Classified documents and items marked with "Document to be Retrieved" or "Item to be Retrieved" must be tracked and retrieved or returned to the sender within the specified time frame. Both when receiving and returning, thorough checks and comparisons must be conducted to ensure that the documents and items are not lost;

4. The format of the "Register of Outgoing Classified Documents" and "Register of Incoming Classified Documents" shall be implemented according to Circular No. 07/2012/TT-BNV dated November 22, 2012, issued by the Minister of Home Affairs guiding the management of documents, file creation, and submission for archival storage;

Article 13. Transporting and Handing Over Classified Documents and Items

1. The sending, acceptance, transportation, and delivery of classified documents and items by state agencies in the field of information and communication via postal services must comply with relevant provisions set forth in Decision No. 55/2016/QĐ-TTg dated December 26, 2016, issued by the Prime Minister regarding the postal network serving Party and State agencies, and other related laws and regulations concerning postal services;

2. Transportation and handover of classified documents and items between domestic agencies and organizations and those of the Vietnamese State abroad shall be carried out by diplomatic courier forces;

3. All instances of transporting and handing over classified documents and items must be conducted under the principle of confidentiality and sealing;

4. The handover of classified documents and items in all cases must be recorded in the handover register with direct signatures between the sender and the recipient at the office or security department of the unit;

5. When transporting classified documents and items, plans and means must be established to ensure safety during transportation;

6. The places storing and receiving classified documents must regularly coordinate checks and comparisons to detect errors and losses for prompt resolution.

Article 14. Use, dissemination, research, and study of materials and objects carrying state secrets

1. The use, dissemination, research, and study (hereinafter referred to collectively as "use") of materials and objects carrying state secrets must be approved by the Minister or the Head of the agency or unit and shall bear responsibility in accordance with the regulations.

2. When using materials and objects carrying state secrets, the Head of the agency or unit must inform the individual or department implementing the use about the level of confidentiality of the materials and objects carrying state secrets; the individual assigned to implement such use shall not disclose the contents of the materials and objects carrying state secrets.

3. The use of materials and objects carrying state secrets must be within the scope, subjects, addresses, and at places ensuring safety as prescribed by the Head of the agency or unit.

4. Individuals disseminating the use of materials and objects carrying state secrets to other subjects must carry out the content assigned by superiors and have the responsibility to disseminate to listeners, researchers, and studiers about the need to keep secrets according to the regulations.

5. Recording, audio recording, video recording of materials and objects carrying state secrets can only be done with the approval of the Head of the agency or unit directly managing state secrets. Individuals who listen, research, record, audio record, film, photograph materials and objects carrying state secrets must follow the instructions of the Head of the agency or unit or the person in charge; they must store and use disseminated materials and objects carrying state secrets as if they were original materials. The management and use of audio recordings, video recordings, films, and photographs containing state secrets must be protected like the management regime for materials and objects carrying state secrets.

6. Repairing and replacing computers used for drafting and storing secret information can only be carried out within the premises of the agency or unit and must be performed or supervised by individuals responsible for these secret information. When replacing the hard drive of a computer containing information on materials and objects carrying state secrets, the old information in the hard drive must be deleted and destroyed when it is damaged, in accordance with the regulations.

Article 15. Taking Confidential Materials Outside the Agency

1. The act of an individual taking confidential materials outside the agency within the country's territory is decided by the Head of the unit directly managing the confidential materials.

2. The act of an individual taking confidential materials abroad is proposed by the Head of the unit directly managing the staff member to the Minister or the person authorized by the Minister for approval. The proposal document must clearly state the name, position of the individual taking confidential materials abroad, quantity, content of the confidential materials to be taken, scope, purpose of use.

During the time abroad, measures must be taken to manage and protect the confidentiality of the carried materials; in case of loss or misplacement, immediate reports must be made to the competent authority and the Vietnamese Embassy in the host country for prompt handling.

3. The individual taking confidential materials outside the agency must be responsible for ensuring security during the period of taking them out; they may not print or photocopy the materials or provide information to others without authorization. Upon completion of the task, all confidential materials taken out must be handed over entirely to the archivist or the security department of the agency or unit managing those materials. The handover must be signed for receipt.

Article 16. Statistics, storage, and preservation of state secrets documents and items

1. Agencies and units under the Ministry of Information and Communications must establish a record of statistics for classified documents managed by the agency or unit according to chronological order and by level of classification. The record of statistics includes classified documents currently existing or generated during the operation of the agency or unit, or received from external sources.

2. Classified documents must be stored and preserved strictly at locations ensuring absolute security as specified by the head of the agency or unit. When not in use, classified documents must be placed in cabinets, locked securely.

Depending on the nature of each location where classified documents are stored, appropriate protective measures must be applied based on the principle of ensuring absolute security, strict internal regulations; unauthorized individuals must not be allowed access.

3. Agencies and units entrusted with the task of storing state secrets documents and items have the responsibility to manage, preserve, and provide timely, truthful information about state secrets documents and items in accordance with regulations.

4. Classified documents reaching their retention period must be submitted to the agency's archive warehouse to implement technical measures for preservation in compliance with regulations.

5. Individuals before retirement or job transfer must hand over state secrets documents and items to the agency or unit.

Article 17. Destruction of state secrets documents and items

1. The authority to decide on the destruction of state secrets documents and items is defined as follows:

a) The destruction within the Ministry of Information and Communications is decided by the Minister and a Destruction Committee is established. The composition of the Destruction Committee is proposed by the Director of the Ministry's Office to the Minister;

b) The destruction within agencies and units under the Ministry of Information and Communications is decided by the head of the agency or unit and a Destruction Committee is established;

c) The destruction of cryptographic materials is carried out in accordance with the provisions of the Government Cryptographic Department.

2. The Destruction Committee for classified documents has the responsibility to prepare a detailed inventory record of each classified document to be destroyed, including the document number, number of copies, and summary of the document. The content of the record must reflect the method, procedure, and person responsible for destroying the classified documents in accordance with the law. The record must be signed by all members of the Destruction Committee. The destruction record must be kept in the archives or confidentiality department of the agency or unit managing the documents.

3. Methods of destroying classified documents:

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

b) For classified documents stored on tapes, floppy disks, photographic film, devices for storage outside USB ports, and similar media, the destruction must alter the entire form and functionality so that they cannot be recovered, exploited, or used;

c) In special cases where it is impossible to organize the destruction of classified documents as stipulated in Clause 1 and Clause 2 of this Article, and if failure to destroy the classified documents immediately will cause serious consequences for national security, defense, or other interests of the State, the person managing the classified documents may destroy them themselves, but must report in writing to the head of the directly managing agency or unit immediately thereafter. If self-destruction of classified documents does not meet the above legitimate reasons, the destroyer shall bear legal responsibility.

Article 18. Inspection of State Secrets Protection Work

1. The Office of the Ministry shall be the agency assisting the Minister of Information and Communications in conducting inspections and reporting on state secrets protection work, biennially or when instructed by the Minister.

2. Heads of agencies and units under the Ministry of Information and Communications shall regularly inspect, urge, and bear legal responsibility for the implementation of state secrets protection regulations within their agencies and units.

3. Civil servants, officials, and employees of the Ministry who discover issues indicating the leakage of state secrets must promptly report to the Director of the Office or the head of the agency or unit to propose measures to the Minister for timely prevention and handling.

Article 19. Reporting System for State Secrets Protection Work

The Office of the Ministry shall submit reports on state secrets protection work of the Ministry to the Prime Minister and concurrently to the Ministry of Public Security, including the following reports:

1. Reports on sudden incidents causing the leakage of state secrets that have just occurred. Such reports must be submitted immediately after the incident, specifying the location and time of occurrence, and the measures taken to verify, investigate, recover, and prevent potential harm.

2. Annual reports on state secrets protection work.

3. Five-year summary reports on state secrets protection work.

Chapter III

IMPLEMENTATION

Article 20. Responsibility for Implementation

1. The protection of state secrets in the information and communications sector is the responsibility of agencies, organizations, units, and individuals both within and outside the sector. Within the scope of their functions, tasks, and authorities, heads of agencies and units under the Ministry shall organize the implementation of this Circular.

2. The Office of the Ministry shall take the lead in monitoring, guiding, inspecting, and compiling the situation of state secrets protection work throughout the information and communications sector, and report to the Minister.

Article 21. Implementation clause

1. This Circular takes effect from November 1, 2017, and replaces Decision No. 40/2006/QĐ-BBCVT dated September 11, 2006, issued by the Minister of Posts and Telecommunications on the Regulations on State Secrets Protection of the Posts and Telecommunications Ministry.

2. During the implementation process, if there are difficulties, obstacles, or new issues arising, relevant agencies, organizations, units, and individuals shall promptly reflect them to the Ministry of Information and Communications (Office of the Ministry) for guidance or consideration for resolution.