Decision No. 2039/2008/QĐ-BCA(A11) promulgates the list of state secrets of Confidential level in the Construction sector, specifying types of information and documents within the scope of protection of state secrets in the construction field.
Scope of application
Functional agencies of the Ministry of Construction and the Ministry of Public Security; Ministries, ministerial-level agencies, and government-affiliated agencies; agencies and organizations mentioned in Article 2 of the Law on Protection of State Secrets dated December 28, 2000, and People's Committees of provinces and centrally-administered cities.
Key points
- The Construction sector must protect information about regional planning schemes and special economic zone plans that have not been announced (Article 1.1).
- Data and maps regarding key urban underground works managed by the Construction sector shall not be disclosed without permission (Article 1.2).
- Contents of negotiations and negotiation outcomes with foreign countries or international organizations concerning economic and scientific-technical cooperation in the construction field must be kept confidential if both parties agree (Article 1.3).
- Bidding documents submitted in accordance with tender documents are classified as state secrets (Article 1.4).
- Documents and statistical data on reserve mobilization plans for the Construction industry must be protected as state secrets (Article 1.5).
🌐 Social impact of this document
- The Construction sector and related agencies will bear greater responsibility for protecting secret information and preventing leaks of sensitive information.
- Construction enterprises may face difficulties in accessing necessary information for business operations if such information falls under the list of state secrets.
- Citizens will have less access to important planning and construction project information than before.
❓ Frequently asked questions
Is information about regional planning schemes required to be protected as state secrets?
Yes, according to Article 1.1 of Decision No. 2039/2008/QĐ-BCA(A11).
Which bidding documents are considered state secrets?
Bidding documents submitted in accordance with tender documents (Article 1.4).
Full text
Pursuant to …;
On the List of State Secrets of Confidential Level in the Construction Sector
THE MINISTER OF PUBLIC SECURITY
Pursuant to the Ordinance on Protection of State Secrets dated December 28, 2000;
Pursuant to the Government Decree No. 136/2003/NĐ-CP dated November 14, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
Pursuant to the Government Decree No. 33/2002/NĐ-CP dated March 28, 2002 detailing the implementation of the Ordinance on Protection of State Secrets;
After reaching consensus with the Minister of Construction,
DECISION:
Article 1. The List of State Secrets of Confidential Level in the Construction Sector includes information within the following scope:
1. Proposals for planning construction in special economic zones and border gates that have not been announced;
2. Data and maps of important underground urban projects established and managed by the Construction Sector that have not been or will not be announced;
3. Content prepared for negotiations, negotiation documents, and results of negotiations and agreements on economic and scientific-technical cooperation in the construction sector with foreign countries or international organizations that have not been announced;
4. Tender submission files submitted according to tender invitation documents;
5. Statistical data and materials on reserve mobilization plans and industrial mobilization plans of the State for the Construction Sector;
6. Inspection and investigation files, inspection and investigation results, and resolution of complaints and reports within the Construction Sector that have not been or will not be announced;
7. Personnel files of Construction Sector officials at the level of Deputy Director-General and equivalent or higher;
8. Design documents, technical specifications, and regulations and conventions ensuring internal network security in the Construction Sector;
9. Investigation files and materials regarding significant construction projects upon request of
10. Reports and circulars of the Construction Sector using information and data included in the List of State Secrets of Confidential Level of the Party and State, other Ministries, Agencies, and Sectors, and People's Committees of provinces and centrally-administered cities.
Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 1486/2004/QĐ-BCA(A11) dated December 20, 2004 of the Minister of Public Security on the List of State Secrets of Confidential Level in the Construction Sector. Competent agencies of the Ministry of Construction and the Ministry of Public Security shall be responsible for guiding and supervising the implementation of this Decision.
Article 3. Ministries, ministerial-level agencies, agencies under the Government, agencies and organizations mentioned in Article 2 of the Ordinance on Protection of State Secrets dated December 28, 2000, and People's Committees of provinces and centrally-administered cities shall be responsible for implementing this Decision./.
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