Decision No. 23/2005/QĐ-BGTVT Issuing the Regulation on Protecting State Secrets under the Ministry of Transport

Pursuant to …;

Issuing the Regulation on Protecting State Secrets under the Ministry of Transport

THE MINISTER OF TRANSPORTATION

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;

Pursuant to the Government Decree No. 34/2003/NĐ-CP dated April 4, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to 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;

At the proposal of the Director of the Office of the Ministry and the Head of the Legal Department,

DECISION:

Article 1. This Decision promulgates the "Regulation on Protecting State Secrets under the Ministry of Transport."

Article 2. This Decision takes effect 15 days after its publication in the Official Gazette. Any previous regulations that conflict with this Decision are hereby abolished.

Article 3. The Heads of the Ministry's Office, the Inspectorate, the Departments, the Directorates under the Ministry, the Heads of agencies, organizations, and individuals under the Ministry, and agencies, organizations, and individuals related thereto shall be responsible for implementing this Decision./.

REGULATIONS

 

Protection of state secrets under the Ministry of Transport

(Promulgated together with Decision No. 23/2005/QĐ-BGTVT dated March 30, 2005)

of the Ministry of Transport)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

Article 1. This Regulation stipulates the protection of state secrets in the process of receiving, processing, drafting, issuing, printing, copying, photographing, storing, and using state secrets under the Ministry of Transport.

Article 2. State secrets under the Ministry of Transport include:

a) Documents and objects carrying state secrets at the Confidential, Top Secret, and Absolute Secret levels sent from agencies, organizations, and individuals to agencies, organizations, and individuals under the Ministry of Transport;

b) Information and documents included in the list of state secrets at the Confidential level in the transport sector as specified in Decision No. 1485/2004/QĐ-BCA(A11) dated December 20, 2004 of the Minister of Public Security.

Article 2. Applicability

This Regulation applies to agencies, organizations, and individuals under the Ministry of Transport and agencies, organizations, and individuals related thereto.

Article 3. Organization of protecting state secrets

Clause 1. The protection of state secrets under the Ministry of Transport shall be carried out in accordance with 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, and this Regulation.

Clause 2. The Administrative and Archive Department under the Ministry's Office, the Office or the Administrative Department under the Directorates, agencies, and organizations directly under the Ministry of Transport (hereinafter referred to collectively as the Administrative Department) shall be responsible for receiving, processing, storing, and managing documents and objects carrying state secrets; managing seals "Confidential," "Top Secret," "Absolute Secret," "Documents to be recalled," and "Only named persons may open."

These seals shall be made in accordance with Clause c, Section 2 of Circular No. 12/2002/TT-BCA(A11) dated September 13, 2002 of the Ministry of Public Security.

Clause 3. Personnel directly involved in work related to state secrets (personnel engaged in confidential work, liaison work, personnel assigned tasks to protect and store state secrets) must have good qualities, a sense of responsibility, organizational discipline, awareness of vigilance in safeguarding state secrets; possess professional expertise and the ability to complete assigned tasks, and must commit to protecting state secrets in writing; the written commitment shall be submitted for safekeeping at the security department of the Administrative Department.

Clause 4. Individuals assigned to perform any work related to state secrets in any form must strictly comply with the provisions of this Regulation and relevant laws.

Article 4. Amendment, supplementation, declassification, and change of classification level of state secrets in the transport sector

Clause 1. During the performance of functions and duties, if new information in the transport sector requiring confidentiality arises but is not included in the list of state secrets already issued by the Minister of Public Security in Decision No. 1485/2004/QĐ-BCA(A11) dated December 20, 2004, or if there is a need to change the classification level, declassify, or classify, the relevant individual must report to the Head of their agency or organization, who will then report to the Minister.

Clause 2. By January each year, the Ministry's Office shall be responsible for compiling reports from agencies, organizations, and individuals regarding changes in classification levels, declassification, or new contents requiring confidentiality, and propose to the Minister to establish a Council (headed by the Head of the Ministry's Office as Chairman of the Council; representatives from relevant Departments and Directorates as members, and other members decided by the Chairman of the Council) to propose amendments, supplements, declassification, and changes in classification levels of the list of state secrets in the transport sector to the Minister.

By March each year at the latest, based on the Council's recommendations, the Minister shall propose to the Minister of Public Security to consider and decide on amendments, supplements, and declassification of the list of state secrets at the Confidential level in the transport sector. If new information belonging to the transport sector's state secrets requires confidentiality at the Absolute Secret or Top Secret level, the Council shall assist the Minister in establishing a list of state secrets at the Absolute Secret or Top Secret level to be submitted to the Prime Minister after the Ministry of Public Security has reviewed it.

Chapter II

SPECIFIC PROVISIONS ON PROTECTING STATE SECRETS

UNDER THE MINISTRY OF TRANSPORT

Article 5. Determination and stamping of classification level for documents and objects carrying state secrets

Clause 1. When drafting documents containing information within the list of state secrets in the transport sector, the drafter of the document must propose that the document be classified as "Confidential," the person approving and signing the document decides to stamp "Confidential" and determine the circulation scope of the document and the number of copies needed to print.

Clause 2. When organizing comments on draft documents containing state secrets, the main drafting agency must clearly define the scope and subjects (relevant agencies, organizations, and individuals) required to provide opinions, must stamp "Confidential" on the draft before sending it for comments. Agencies, organizations, and individuals receiving the draft document must manage and use it in accordance with the law on protecting state secrets and this Regulation.

Clause 3. The appropriate classification stamp must be affixed to the top left corner of the first page of the document containing state secret information.

Clause 4. For objects carrying state secrets, there must be an accompanying document clearly stating the name of the object carrying state secrets and stamping the classification level on this document.

Article 6. Printing, copying, photographing documents and objects carrying state secrets

1. The printing, copying, photographing of documents and objects carrying state secrets must be carried out in accordance with the following provisions:

a) It must be conducted at a place ensuring confidentiality and security, and shall be regulated directly by the Director of the Ministry's Office, the Director of the Department's Office, or the Head of other agencies or organizations under the Ministry that directly manage classified documents and objects carrying state secrets (hereinafter referred to collectively as the Director of the Office).

The printing, copying, and photographing of documents and objects carrying state secrets may only be carried out upon permission from the Director of the Office.

b) The Director of the Office decides on the printing, copying, and photographing of documents and objects carrying state secrets, the quantity to be printed, copied, or photographed. Documents and objects printed, copied, or photographed must be kept confidential like the original documents and objects.

Those responsible for printing, copying, and photographing must print, copy, or photograph only the number of copies specified and immediately destroy any excess copies or defective prints.

c) After typing, printing, copying, or photographing secret state information, the degree of secrecy stamp and the recall stamp (if necessary) must be affixed in the Register tracking the number of pages, copies, quantity printed, circulation range, recipient location, name of the typist, printer, proofreader, copier, and photographer.

d) Computers connected to the Internet must not be used for typing, printing, copying, or storing classified documents.

2. State secrets copied or photographed onto tapes or discs must be sealed and stamped with the degree of secrecy clearly indicating the name of the copier or photographer on the seal.

3. Documents and materials classified as "Top Secret" or "Very Secret," if there is a request to copy, photograph, or transfer to another form of information carrier, must be approved in writing by the Head of the agency or unit that issued the original document, specifying the permitted quantity for copying, photographing, or transferring.

Article 7. Transporting and receiving documents and objects carrying state secrets

1. When transporting and receiving documents and objects carrying state secrets, absolute safety must be ensured according to the following regulations:

a) The transportation and receipt of documents and objects carrying state secrets within the country shall be carried out by personnel engaged in confidentiality work or special liaison officers of the agency or organization. If transported via postal services, it must comply with specific regulations of the Posts and Telecommunications sector.

b) The transportation and receipt of documents and objects carrying state secrets between domestic agencies and organizations and those of the Vietnamese Government abroad shall be handled by diplomatic liaison forces.

c) During transportation of documents and objects carrying state secrets, sufficient means of preservation (steel boxes, securely locked briefcases) and protective personnel must be provided if deemed necessary to ensure safety during transport. Throughout the transport process, stops or parking in unsafe locations are prohibited, and in all cases, a responsible person must carefully guard the documents to ensure absolute safety.

2. All instances of handover and receipt of documents and objects carrying state secrets among stages (drafters, typists, printers, clerks, couriers, decision-makers, custodians, preservers) must be recorded in the logbook and signed off by both parties involved. Handovers and receipts of documents and objects carrying state secrets must be conducted directly at the workplace and must ensure absolute safety.

3. The places where documents and objects carrying state secrets are sent and received must organize checks and reconciliations to detect errors or losses for prompt handling.

Article 8. Receiving documents and objects carrying state secrets

1. All documents and objects carrying state secrets delivered to agencies and organizations must be received and registered by the clerk in the "Confidential Document Receipt Log." After registration, the clerk promptly forwards the documents to the Director of the Office for distribution or assigns the authorized person to handle them. The "Confidential Document Receipt Log" must include: serial number, date of receipt, sender, document number and date, summary of content, degree of secrecy, urgency level, and the handler.

2. For documents and objects carrying state secrets with clear recipient addresses and names, the clerk must immediately forward them to the designated address or individual after registering them in the "Confidential Document Receipt Log."

3. In cases where the recipient or the named individual on the envelope is absent, the clerk must report to the Director of the Office for resolution and must not open the envelope without authorization.

4. If the recipient or the named individual on the envelope, as stipulated in paragraphs 2 and 3 of this Article, is absent, the clerk must report to the Director of the Office for resolution and must not open the envelope without authorization.

5. For encrypted telegrams, they must be handled in accordance with the provisions of the Urgent Official Correspondence Ordinance. Encrypted telegrams during processing must be stored in secure cabinets or safes managed by confidentiality personnel. Upon expiration of the retention period for encrypted telegrams at the agency, confidentiality personnel must follow legal procedures to return the telegrams.

6. If the clerk notices that the sender did not properly follow confidentiality procedures when sending documents and objects carrying state secrets, the clerk must report to the Director of the Office and inform the sender for lessons learned. If signs of tampering, exposure, loss, or damage are detected, the recipient must immediately report to the Director of their agency or organization for timely measures.

Article 9. Sending documents and objects carrying state secrets

1. When sending documents and objects carrying state secrets, the provisions at point b.1, clause b, Section 3 of Circular No. 12/2002/TT-BCA(A11) dated September 13, 2002, of the Ministry of Public Security must be strictly followed.

2. Confidential state information transmitted via telecommunications and computers must be encrypted in accordance with legal provisions on urgent official correspondence. Information cannot be transmitted through fax machines or telephones.

Article 10. Retrieval of documents and objects carrying state secrets

For documents and objects carrying state secrets marked for retrieval, clerical staff must monitor, retrieve, or return them to the sender within the specified period. Both when receiving and returning, thorough checks and records must be maintained in the logbooks to ensure no loss occurs.

Article 11. Statistics, storage, and preservation of documents and objects carrying state secrets

1. The Administrative Department is responsible for organizing statistics on documents and objects carrying state secrets managed by the agency or organization and ensuring strict storage and preservation.

2. Documents and objects carrying state secrets must be classified and registered according to chronological order and level of secrecy upon completion of processing.

3. Documents and objects carrying state secrets within the scope of Top Secret and Confidential state secrets must be stored separately with appropriate means for preservation and security.

Article 12. Dissemination, study, and use of documents and objects carrying state secrets

1. The dissemination and study of information within the scope of state secrets must be conducted within the prescribed scope, subjects, and at locations ensuring safety. Those disseminated and permitted to study may only record, audio-record, or video-record with permission from the Director of the Office. Audio and video recordings must be managed and protected like original documents.

2. Outside working hours, individuals assigned to handle documents and objects carrying state secrets must store the documents in a cabinet or safe with a lock to ensure safety.

When handling documents and objects carrying state secrets, those assigned the documents may not take them home without authorization. If urgent processing is necessary, they must report to the Director of their agency or organization for review and decision, and register for overtime work in accordance with the regulations of their agency or organization.

3. In cases where staff must carry documents and objects carrying state secrets outside the workplace, such as to their private residence, on business trips, or to meetings, they must obtain approval from the Director of their agency or organization and have secure means of storage and transportation. If loss or damage occurs, it must be reported immediately to the Director to take timely measures. Depending on the nature, degree, and consequences of the damage or loss, legal action will be taken accordingly.

4. After completing tasks, individuals and units must hand over documents and objects carrying state secrets to the Administrative Management Department, and the handover must be documented in detail with each party retaining a copy.

Article 13. Destruction of documents and objects carrying state secrets

1. The destruction of documents and objects carrying state secrets at the Top Secret, Confidential, and Secret levels sent from other agencies and organizations, and Secret-level documents and objects carrying state secrets within the Transportation sector shall be graded as follows:

a) For ministries: decided by the Director of the Ministry's Office;

b) For departments under ministries: decided by the Department Head;

c) For other agencies and organizations under the Ministry of Transport: decided by the head of the agency or organization.

2. The destruction of codes shall be carried out in accordance with the regulations of the Government Cryptographic Bureau.

3. The organization of the destruction of documents and objects carrying state secrets shall be carried out in accordance with the following provisions:

a) The agency or organization directly managing documents and objects carrying state secrets shall establish a Committee for the Destruction of Documents and Objects Carrying State Secrets, including: the person authorized to decide on the destruction of documents and objects carrying state secrets as stipulated in Clause 1 of this Article as Chairman; representatives of related agencies and organizations including the Office, personnel department, direct managers of documents and objects carrying state secrets to be destroyed, and others appointed by the Chairman;

b) During the destruction process, the Committee has the following responsibilities:

- To prepare a detailed list of all documents and objects carrying state secrets to be destroyed, which must clearly indicate the document number, issuing agency, number of copies, and summary of the document. The content of the record must reflect the method, procedure, and person implementing the destruction of documents and objects carrying state secrets. The record must be signed by all members of the Committee;

- Not to disclose or leak any documents or objects carrying state secrets;

- For printed documents carrying state secrets on paper, they must be burned, torn, or ground to a point where they cannot be pieced together again;

- For objects carrying state secrets such as recorded tapes, films, and photographs, they must be altered completely in shape and function so that they cannot be exploited or used anymore.

4. In special circumstances where it is impossible to organize the destruction of documents and objects carrying state secrets according to the provisions of Clauses 1, 2, and 3 of this Article, if failure to destroy the documents and objects carrying state secrets immediately will cause serious consequences for national security, defense, or other interests of the State, the person currently managing the documents and objects carrying state secrets may destroy them themselves but must immediately report in writing to the head of the agency or organization and the public security organ at the same level. If the self-destruction of documents and objects carrying state secrets does not have a legitimate reason, the person who destroys the documents and objects carrying state secrets must bear responsibility under the law.

Article 14. Provision of information within the scope of state secrets in the Transportation sector to agencies, organizations, and citizens of Vietnam

1. Individuals assigned the task of researching and collecting information within the scope of state secrets in the Transportation sector must hold a citizen identification card accompanied by an introduction letter and a circular from the supervising agency specifying the content and requirements for research and collection, and must be approved by the authorized person of the agency or organization responsible for storing the documents according to the following provisions:

a) For the Ministry of Transport: approved by the Director of the Ministry's Office;

b) For departments under the Ministry: approved by the Department Head;

c) For other agencies and organizations under the Ministry of Transport: approved by the head of the agency or organization.

2. Agencies, organizations, and individuals directly managing state secrets can only provide information according to the approved content. The recipient may not disclose the information and may not provide the received information to a third party. The content of the meeting on providing information must be detailed in a record to report to the person who approved the provision of information.

Article 15. Provision of information within the scope of state secrets in the Transportation sector to foreign organizations and individuals

1. Agencies, organizations, and individuals under the Ministry of Transport when interacting or contacting foreign agencies, organizations, or foreigners (in Vietnam and abroad) may not disclose state secrets generally or state secrets specifically within the Transportation sector.

2. When implementing international cooperation programs or performing official duties, if there is a requirement to provide information within the scope of Secret-level state secrets in the Transportation sector to foreign organizations or individuals, the following principles must be adhered to:

a) Protect national interests;

b) Information may only be provided after obtaining a written request for information classified as Secret within the Ministry of Transport to foreign organizations and individuals, which has been approved by the Minister of Transport. The request must clearly state: the reason for providing the information; the foreign organization or individual that will receive the information; the scope and purpose of using the information.

3. When providing information, there must be a record, in which the recipient must sign a commitment and bear responsibility for using the received information for its intended purpose and not disclosing it to third parties.

Article 16. Carrying state secrets abroad

Vietnamese citizens carrying documents and items classified as Secret within the Ministry of Transport abroad must comply with the following regulations:

1. Must obtain permission and written approval from the Minister of Transport. The request must clearly state the person carrying the documents; the documents and items classified as Secret to be carried, destination, and purpose of use. Upon departure, the written approval from the competent authority must be presented to the immigration control agency at the border checkpoint.

2. During the time abroad, measures must be taken to ensure absolute security of the carried documents and items.

3. If providing documents and items classified as Secret to foreign organizations or individuals, it must be done in accordance with Article 15 of this Regulation.

4. Upon returning to the country, procedures for returning the documents and items classified as Secret to the managing agency or organization must be completed.

Article 17. Protection of state secrets in publishing, journalism, and other mass media activities

Agencies, organizations, and individuals shall not provide information classified as Secret within the Ministry of Transport to press agencies, publishers, or other mass media organizations.

Article 18. Reporting and summarizing systems on the protection of state secrets

1. Subordinate agencies and organizations under the Ministry of Transport must implement reporting as follows:

a) Report immediately on incidents involving the leakage or loss of state secrets or violations of laws on protecting state secrets occurring in their own agencies or organizations that harm national security or national interests.

b) Regular reports include: Annual summary reports; Five-year comprehensive reports on the work of protecting state secrets in their agencies or organizations.

2. Based on the reports from subordinate agencies and organizations, the Director of the Ministry's Office, in collaboration with the Inspectorate and the Cadre and Civil Servant Department, drafts reports on the work of protecting state secrets within the Ministry of Transport to be submitted to the Minister for submission to the Prime Minister, and concurrently sent to the Ministry of Public Security in two forms:

- Reports on sudden incidents causing the leakage of state secrets;

- Comprehensive reports on the situation and work of protecting state secrets annually and every five years.

3. Summarizing and concluding the work of protecting state secrets within the Ministry of Transport must be linked to internal political protection work.

Article 19. Inspection and supervision in the field of protecting state secrets

1. Ministry of Transport agencies

The Director of the Ministry's Office, in collaboration with the Inspectorate and the Cadre and Civil Servant Department, assists the Minister in conducting inspections and supervisions on the work of protecting state secrets within the Ministry. Inspections are conducted at least once every two years. The results of the inspections are reported to the Prime Minister and the Ministry of Public Security.

When requested by the Ministry of Public Security, the Ministry's Office reports to the Minister to direct relevant agencies and organizations to assign staff to cooperate and facilitate the inspection to achieve results.

2. Subordinate agencies and organizations under the Ministry of Transport

Heads of agencies and organizations must implement the inspection and supervision system as stipulated in Clause 1 of this Article and are responsible for reporting to the Minister.

Article 20. Awards and disciplinary actions

1. Agencies, organizations, and individuals who achieve any of the following accomplishments will be rewarded according to the law:

a) Successfully completing the assigned tasks of protecting state secrets;

b) Overcoming difficulties and dangers to protect state secrets safely;

c) Finding lost classified documents or items; preventing or limiting the harmful consequences caused by the leakage or loss of classified documents or items by others;

d) Promptly detecting and reporting acts of collecting, appropriating, buying, selling, or illegally destroying classified documents or items.

2. Agencies, organizations, and individuals violating this Regulation, engaging in acts that cause the leakage of state secrets, appropriating, buying, losing, or leaking classified documents or information, or misusing the protection of state secrets to conceal illegal acts, or illegally destroying state secrets shall be subject to disciplinary action, administrative penalties, or criminal prosecution according to the law, depending on the nature and severity of the violation.

Chapter III

IMPLEMENTATION

Article 21. Based on capacity, nature, characteristics, content, and volume of work, heads of agencies and organizations under the Ministry have the responsibility to arrange personnel to perform state secret protection work and implement state secret protection according to this Regulation and related laws.

Article 22. Heads of agencies and organizations under the Ministry related to state secrets have the responsibility to organize inspections (regular or sudden) on state secret protection within their management jurisdiction, promptly identify and rectify shortcomings and vulnerabilities, and report to their immediate superior management for timely measures to address them./.