Decision No. 21/2002/QĐ-BTS On Issuing the Regulation on Protecting State Secrets for the Ministry of Fisheries Agency

 

Pursuant to …;

Regarding the issuance of the Regulation on Protecting State Secrets

of the Ministry of Fisheries

MINISTER OF AQUATIC RESOURCES

Pursuant to the Ordinance on Protection of State Secrets No. 30/2000/PL-UBTVQH10 dated December 28, 2000;

Pursuant to Decree No. 50/CP dated June 21, 1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Aquatic Resources;

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

Pursuant to Circular No. 12/2002/TT-BCA (A11) 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;

At the proposal of the Director of the Office, the Heads of the Legal Department, the Personnel and Labor Department,

DECISION:

Article 1. This Decision promulgates the Regulation on Protecting State Secrets of the Ministry of Fisheries.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Article 3. The leadership of the Ministry, the Director of the Office, the Heads of Departments, Inspectorate, Directors of the Central Promotion Center, the Information Science and Technology and Aquatic Economy Center, and all officers and civil servants of the Ministry of Fisheries shall be responsible for implementing this Decision.

 

 

REGULATIONSPROTECTING STATE SECRETS OF THE MINISTRY OF FISHERIES
(Issued together with Decision No. 21/2002/QĐ-BTS dated December 31, 2002 of the Minister of Fisheries)

 

Chapter 1
GENERAL PROVISIONS

Article 1. Scope of state secrets of the Ministry of Fisheries

The state secrets of the Ministry of Fisheries include:

1. The list of state secrets of the fisheries sector approved by the Prime Minister. Documents with levels of confidentiality from central and local agencies sent to the Ministry.

2. Information about policies, measures, and directives of the Ministry that are under discussion or processing.

3. The endorsements of the Ministry's leadership on daily work reports, memorandums, and documents managed by the Ministry.

Article 2. Amending, supplementing, and publishing the List of State Secrets

1. During implementation, if new confidential materials outside the published list arise or changes in the level of confidentiality occur for certain types of documents, individuals or units involved must report to the Minister for review. Depending on specific circumstances, they may propose the Minister of Public Security or the Prime Minister to make decisions.

2. Annually, the Director of the Office shall be responsible for assisting the Minister in proposing amendments and supplements to the List of State Secrets to be submitted to the Minister of Public Security and the Prime Minister for decision. The publication of the List of State Secrets of the Ministry at the confidential level shall be proposed by the Minister to the Minister of Public Security.

Chapter 2
MANAGEMENT, USE, AND PROTECTION OF STATE SECRETS

Article 3. Confidentiality organization:

1. The Administrative and Archive Department of the Ministry’s Office is tasked with receiving, processing, storing, managing confidential documents, managing and affixing confidentiality stamps and retrieval stamps on documents according to the directives of the Minister, Deputy Ministers, and the Director of the Office.

2. The list of staff responsible for receiving, processing, signing, issuing, storing, and managing confidential documents is determined annually by the Minister and registered with relevant state authorities. Each department, bureau, inspectorate, and center assigns one dedicated archivist to oversee and manage confidential correspondence, registering their names with the Office.

3. Staff directly involved in protecting state secrets within the Ministry (those engaged in key positions, archiving, and those entrusted with safeguarding state secrets) must have good character, a sense of responsibility, organizational discipline, vigilance in maintaining state secrets, sufficient professional expertise, and the ability to fulfill assigned tasks, and must commit in writing to protect state secrets. These commitments are kept on file in the Confidentiality Section of the Administrative and Archive Department.

Article 4. Receiving confidential materials:

1. All incoming confidential materials must be received by the Confidentiality Officer of the Administrative and Archive Department, recorded in the "Incoming Confidential Materials" logbook for tracking, and then transferred to the Director of the Office for resolution. The Director of the Office will present matters to the leadership of the Ministry based on the nature and content of the work assigned by the Minister and managed according to the confidentiality regulations set by the state.

2. If confidential materials are marked "only named persons can open," the Confidentiality Officer of the Administrative and Archive Department must record this on the logbook and immediately transfer it to the named person. If the named person is absent, the Confidentiality Officer must report to the Minister for resolution and must not open the envelope without authorization.

3. For encrypted communications, only those individuals assigned by the Minister and registered with relevant authorities can manage them. Encrypted communications during processing must be stored in a safe managed by the Ministry's archivist. After the permitted retention period expires, the Confidentiality Officer of the Administrative and Archive Department must process the transfer of the encrypted communication to the archive according to regulations.

Article 5. Drafting, typing, printing, and copying confidential materials:

1. Drafting of "Confidential" materials is assigned to specialized staff in each unit. For "Top Secret" and "Absolutely Top Secret" materials, the drafting units must write by hand and submit draft copies to the Confidentiality Officer of the Administrative and Archive Department for typing on designated computers specified by the Director of the Office.

2. Based on the nature and content of the document, the drafter must propose the level of confidentiality, and the signatory of the document is responsible for determining the level of confidentiality and the recipients for confidential materials.

3. Drafting, typing, printing, and copying of state secret materials must be conducted in secure and safe locations, typed on designated computers. Computers used for typing, printing, and copying confidential materials must not be connected to the Internet. After the document is issued, the draft on the computer must be deleted.

4. After typing, printing, or copying confidential materials, they must be stamped with the level of confidentiality, retrieval stamp (if necessary), page numbers, number of copies printed, circulation scope, recipient, name of typist (printer, proofreader, copier, photographer). After completion, trial prints, defective, excess copies must be destroyed immediately. Copying of "Confidential" materials must be done by the Confidentiality Officer of the Administrative and Archive Department and only with permission from authorized authorities. Absolutely no photocopying of "Absolutely Top Secret" or "Top Secret" materials.

5. Confidential materials copied onto tapes or discs must be sealed and stamped with the level of confidentiality, clearly indicating the name of the copier on the seal.

Article 6. Submitting confidential materials for signature:

1. The Minister signs all types of confidential, top secret, and absolutely top secret documents. The Minister delegates authority to heads of departments to sign confidential and top secret documents. The Minister delegates authority to department-level leaders to sign confidential documents.

Annually, the Director of the Office shall prepare a list of officials assigned to sign classified documents for submission to the Minister for signature and reporting to relevant competent authorities.

2. The process of submitting classified documents for signature shall be carried out as follows: The drafting unit shall transfer the draft document to the Confidential Officer of the Administrative Storage Department for procedural checks and submission to the Director of the Office for signature according to Clause 1 of Article 6.

Article 7. Send classified documents.

1. All classified documents sent must be handed over and received through the Confidential Officer of the Administrative Storage Department for registration and processing according to the unified procedure as follows: Enter the logbook, issue a dispatch form, prepare the inner and outer envelopes, seal according to the model prescribed by the Ministry of Public Security. The logbook is maintained separately each year, with the document number being the serial number starting from 01 on the day the logbook is opened.

2. Classified materials that need to be transmitted via telecommunications or computer networks must have the approval of the Minister and must be transferred through authorized agencies. Direct transmission of classified documents via fax machines is not allowed.

Article 8. Statistics, storage, and secret protection.

1. The Administrative Storage Department shall organize statistics on state secrets of the Ministry according to chronological order and levels of confidentiality, including existing, newly generated, and received documents. Documents marked "Top Secret" for senior leaders of the Ministry, after processing, shall be stored in a safe in their office for management.

2. During the handling period, civil servants assigned tasks outside regular working hours must store classified documents in a cabinet or safe with locks to ensure safety. After completion, units and individuals must return the classified documents to the Head of the Administrative Storage Department for procedures to deposit them in the safe managed by the archives staff.

Article 9. Dissemination, circulation, research, and use of classified documents.

1. The dissemination, circulation, research, and use of classified information and documents can only be conducted in the Administrative Storage Department within the specified scope, target audience, address, and time frame, ensuring confidentiality and security.

2. The Director of the Ministry's Office shall decide on allowing the study and use of "Confidential" information. Research and use of "Secret" documents require the agreement of the Ministry's leadership. "Top Secret" documents require the approval of the Minister.

3. Officials and civil servants of the Ministry assigned tasks to research and handle classified documents must sign for receipt of such documents at the Administrative Storage Department. During the handling period of "Top Secret" and "Secret" documents, they may not delegate these documents to others. When transferring classified documents to other officials, it must be done through the Confidential Officer of the Administrative Storage Department. After completing the research and handling, the original classified documents and processed documents must be submitted to the Confidential Section of the Administrative Storage Department for retention as required.

4. Personnel from other agencies tasked with gathering information within the scope of the Ministry of Fisheries' state secrets must present their national identity card along with a letter of introduction from their agency specifying the purpose, requirements, and content of the inquiry, and must obtain approval from the authorized body as stipulated in Clause 2 of Article 9 of this Regulation and comply with the Ministry of Fisheries' State Secrets Protection Regulation.

The Director of the Ministry's Office shall report to the Minister for decisions regarding the use of classified information from the Ministry's documents for informational and press services. Classified state documents shall not be disseminated to press agencies.

Article 10. Carrying classified documents for work.

Officials and civil servants of the Ministry of Fisheries who need to carry classified documents for work or use them at conferences or seminars must obtain the consent of the authorized body as stated in Article 9 of this Regulation and follow the prescribed confidentiality procedures.

Article 11. Liquidation and destruction.

1. The liquidation and destruction of state secrets beyond their usage period shall be reported by the Director of the Ministry to the Minister for decision and reported to the Prime Minister.

2. All cases of liquidation and destruction of state secrets must be carried out by a committee consisting of the Director of the Ministry, the Heads of Units, the Head of the Internal Political Security Department, the direct managers of the state secrets to be liquidated or destroyed, and the Confidential Officers. The liquidation and destruction committee must record detailed statistics, clearly stating the methods employed and the personnel involved.

3. Throughout the process, utmost care must be taken to prevent the disclosure of state secrets; if liquidating equipment or items, their shape and functionality must be altered; if destroying documents, they must be burned, shredded, or ground up to the point where they cannot be pieced back together.

4. The records of liquidation and destruction must be kept in the Confidential Section of the Ministry.

5. In urgent situations requiring immediate destruction of state secrets that could otherwise harm political, security, or national interests without the possibility of organizing a committee, the holder of the secret has the right to destroy it immediately but must report in writing to the Minister immediately afterward, requesting the Ministry to report to the Ministry of Public Security and bear legal responsibility if the destruction was unjustified.

Article 12.Inspection, supervision, and reporting.

1. The Director of the Ministry shall lead and coordinate with the Ministry Inspectorate and the Cadre and Labor Organization Department to assist the Minister in conducting inspections and supervisions on the protection of state secrets within the Ministry. Inspections shall be conducted at least once every two years as prescribed. Inspection results shall be recorded in minutes and sent to the Government, concurrently sent to the Ministry of Public Security for reporting and monitoring.

Upon receiving inspection schedules announced by the Ministry of Public Security, the Ministry's Office shall report to the Minister to assign officers to cooperate and facilitate the inspection for successful outcomes.

2. The Director of the Ministry shall lead and coordinate with the Ministry Inspectorate and the Cadre and Labor Organization Department to assist the Minister in reporting on the protection of state secrets under the Ministry's jurisdiction to the Prime Minister, concurrently sent to the Ministry of Public Security in two forms:

- Reporting incidents of breaches of state secrets that occur suddenly.

- Comprehensive annual reports on the protection of state secrets, following the format prescribed by the Ministry of Public Security.

3. Officials and civil servants of the Ministry of Fisheries who discover matters related to the protection of state secrets must promptly report to the Unit Leader or the Director of the Ministry's Office for timely handling by the leadership.

4. Annually, the organization conducts a mid-term review of the work on protecting state secrets of the Ministry's agency in conjunction with internal political security work, conducting a comprehensive review every five years. The mid-term and comprehensive review reports are submitted to the Prime Minister, with copies sent to the Ministry of Public Security.

Chapter 3

IMPLEMENTING PROVISIONS

Article 13. Rewards and Disciplinary Measures.

1. Units and individuals who achieve any of the following accomplishments shall be rewarded in accordance with the provisions of the law:

Successfully completing the assigned tasks for protecting state secrets in their respective roles.

Overcoming difficulties and dangers to ensure the safety of state secrets.

Recovering lost documents, preventing or mitigating the harmful consequences caused by the disclosure of state secrets or the loss of classified documents due to others' actions.

Promptly detecting and reporting acts of collecting, appropriating, buying, selling, or illegally destroying state secret documents.

2. Units and individuals violating this Regulation, engaging in acts that disclose state secrets, appropriate, buy, sell, lose, or destroy classified documents and information, or misuse the protection of state secrets to conceal illegal activities, or illegally destroy state secrets shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the provisions of the law depending on the nature and severity of the violation.

Article 14. Implementation clause.

1. The Director of the Ministry's Office is responsible for assisting the Minister in guiding, implementing, inspecting, and urging the implementation of this Regulation.

2. Heads of departments, bureaus, Inspectors, the Ministry's Office, and related units are responsible for guiding and inspecting their staff and civil servants to implement this Regulation.

3. During the implementation of this Regulation, if issues arise requiring amendments or supplements, officials and civil servants of the Ministry's agency shall report to the unit head and the Director of the Ministry's Office so that the Director may propose and submit to the Minister for decision./.