Decree No. 26/2020/ND-CP detailing some provisions of the Law on Safeguarding State Secrets

DECREE

Detailed provisions on certain articles of the Law on Protection of State Secrets

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Protecting State Secrets dated November 15, 2018;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree to provide detailed provisions on certain articles of the Law on Protection of State Secrets.

Article 1. Scope of Regulation

Article 1. Detailed provisions on certain articles of the Law on Protection of State Secrets regarding determination of state secrets and classification levels of state secrets; copying, photographing documents and carriers containing state secrets; transferring, receiving documents and carriers containing state secrets; carrying documents and carriers containing state secrets out of storage places; locations organizing, plans for protection and use of means and equipment at conferences, seminars, meetings with state secret contents; reporting system on state secret protection work and assignment of persons responsible for state secret protection tasks.

Article 2. Determination of state secrets and classification levels of state secrets

1. The person drafting, creating information included in the list of state secrets must propose the head of the agency or organization to determine state secrets, classification levels of state secrets, place of receipt, place of receipt, number of copies issued, whether copying or photographing of the document or carrier containing state secrets is permitted or not, in the Memorandum, Approval Form for signing the document or document determining the classification level of the item, location, speech, activity containing state secrets, and shall be responsible for protecting the content of state secrets during the drafting and creation process. State secret documents must indicate the place of receipt, number of copies issued, name of the drafter, whether copying or photographing is permitted at the place of receipt section of the document. In the case of electronic documents, the drafter must create a classification mark on the document after it has been determined by the authorized person to be a state secret and its classification level; when printed for distribution, the electronic document must be stamped with the classification mark according to regulations. for issuance must be stamped with a confidentiality seal as prescribed.

2. The person receiving information included in the list of state secrets but not yet determined as state secrets must report to the head of the agency or organization and transfer to the unit with the appropriate function for handling. The person assigned to handle must submit a proposal to the head of the agency or organization to determine state secrets, classification levels of state secrets, place of receipt, quantity of issued copies, number of copies issued,place of receipt,

number of copies issued,

. Received information must be protected during the reception and handling process.

3. The Ministry of Public Security shall prescribe the model of classification marks, the model of documents determining the classification levels of state secrets.

Article 3. Copying, photographing documents and carriers containing state secrets

1. Copying state secret documents refers to reproducing or creating another copy according to the content of the original or main document. Photographing documents and carriers containing state secrets refers to recording by image the documents and carriers containing state secrets.

Forms of copying state secret documents include exact reproduction of the original, transcription, and excerpt reproduction.

2. Copying and photographing of documents and carriers containing state secrets must be carried out at a location ensuring safety as prescribed by the head of the agency or organization directly managing state secrets. Copying and photographing must be recorded in the "Register of Copying and Photographing State Secrets".

3. Copies of state secret documents must be stamped with a copy stamp; photographs of documents and carriers containing state secrets must have a document recording the photographing. Only the permitted number of copies may be made and any excess or defective copies must be immediately destroyed. Copies and photographs made in accordance with the provisions of this Decree have the same legal value as the original and must be protected like the original.

4. Means and equipment used for copying and photographing documents and carriers containing state secrets shall not be connected to the Internet, computer network, telecommunications network, except in cases provided for by law on cryptographic matters.

1. The handing over of state secrets documents and carriers shall be carried out as follows:

a) Prior to handing over state secrets documents and carriers, they must be registered in the "State Secrets Departure Register". State secrets documents and carriers classified as "Top Secret" shall only be recorded with key points if authorized by the person responsible for determining state secrets;

b) State secrets documents and carriers must be placed in envelopes or packed separately. Envelope paper must be durable, waterproof, and opaque; adhesive must be strong and difficult to peel off.

In the case of state secrets documents and carriers classified as "Top Secret", they must be protected by two layers of envelopes: the inner envelope shall record the number and code of the state secrets documents and carriers, the name of the recipient, stamped with "Top Secret" and sealed with the stamp of the agency or organization on the outer envelope; in the case of sending directly to a responsible person, it shall be stamped with "Only named person may open". The outer envelope shall be marked as regular documents and stamped with the letter "A";

State secrets documents and carriers classified as "Very Confidential" and "Confidential" shall be protected by one layer of envelope, with the letters "B" and "C" corresponding to the level of confidentiality of the state secrets documents and carriers inside, stamped outside the envelope;

c) The handing over of state secrets documents and carriers must be managed through the "State Secrets Transfer Register".

2. The receiving of state secrets documents and carriers shall be carried out as follows:

a) After receiving, state secrets documents and carriers must be registered in the "State Secrets Arrival Register";

b) In the case where the envelope of state secrets documents and carriers bears the stamp "Only named person may open", the recipient shall record according to the code on the outer envelope, without opening the envelope and must immediately transfer to the named person on the envelope. If the named person on the envelope is absent and there is an additional stamp "Urgent" on the envelope, then it shall be transferred to the leadership of the agency or organization or the person authorized by the leadership to handle;

c) In the case where state secrets documents and carriers are received without complying with the regulations for protecting state secrets, they shall be transferred to the leadership of the agency or organization receiving the documents and carriers or the named person on the envelope (in the case of direct delivery) for handling, while simultaneously notifying the sender of the measures taken to rectify the situation. If signs of opening, tampering, loss, damage of state secrets documents and carriers are discovered upon receipt, the recipient must immediately report to the head of the agency or organization for appropriate action.

3. The sender and receiver of state secrets documents and carriers must verify the quantity and check the sealing and packaging of the documents and carriers. In the case of discrepancies in quantity or errors in sealing and packaging, the receiver shall request the sender to supplement and resolve before registering and signing for receipt.

4. In the case where state secrets documents and carriers bear the stamp "For Recovery", the agency, organization, or individual that has received them must return within the time specified in the document.

5. The transfer and receipt of electronic documents containing state secrets via the Internet, computer networks, and telecommunications networks shall be carried out in accordance with the laws on cryptographic communications.

6. The transportation and handover of cryptographic products shall be carried out in accordance with the laws on cryptographic communications.

7. In the case where state secrets documents and carriers are registered using a database management system on a computer, when transferring, they must be printed on paper for signature and registration. Computers used for registering state secrets documents and carriers shall not be connected to the Internet, computer networks, and telecommunications networks, except as provided by the laws on cryptographic communications.

8. The Minister of Public Security shall specify the model of the "State Secrets Arrival Register", the model of the "State Secrets Departure Register", and the model of the "State Secrets Transfer Register".

Article 5. Carrying State Secrets Documents and Containers Out of Storage Locations

1. A person carrying State Secrets Documents and Containers out of storage locations for domestic and foreign work must have a written permission from the authorized person as stipulated in Clause 1 and Clause 2 of Article 14 of the Law on Protecting State Secrets. Upon completion of the task, they must report to the authorized person who granted permission about the management and use of State Secrets and return them to the agency or organization.

2. The written request for carrying State Secrets Documents and Containers out of storage locations for domestic and foreign work must clearly state their name, position, working unit; type of document, summary of content, level of confidentiality of State Secrets Documents and Containers; purpose of use; time and place of work; measures to protect State Secrets.

3. State Secrets Documents and Containers carried out of storage locations must be contained, stored, and transported using secure means and equipment as prescribed by the head of the agency or organization directly managing State Secrets, and must be protected during the period outside the storage location.

Article 6. Location, Security Plan, and Means and Equipment Used at Conferences, Seminars, Meetings with State Secrets Content

1. Conferences, seminars, meetings with State Secrets content are organized in closed meeting rooms at the workplace of agencies and organizations. In cases where they are organized outside the workplace, the head of the agency or organization organizing the conference, seminar, or meeting is responsible for requesting security checks within and around the area from the Ministry of Public Security or provincial public security agency; conferences, seminars, and meetings organized by the Ministry of National Defense or the Government Cryptographic Office are conducted by competent agencies of the Ministry of National Defense or the Government Cryptographic Office.

2. Means and equipment used in conferences, seminars, meetings with State Secrets content

a) Conferences, seminars, meetings with State Secrets content must use wired microphones and other means and equipment that have been checked for security and safety by the Ministry of Public Security or provincial public security agency before installation, except for those provided by the Government Cryptographic Office; conferences, seminars, and meetings organized by the Ministry of National Defense or the Government Cryptographic Office are conducted by competent agencies of the Ministry of National Defense or the Government Cryptographic Office. In cases where conferences, seminars, and meetings with State Secrets content are held via video conferencing, the transmission must be secured according to the law on cryptographic affairs;

b) Participants may not bring devices capable of receiving, transmitting information, recording audio, or filming into conferences, seminars, and meetings with State Secrets content classified as Top Secret or Absolute Secret. For conferences, seminars, and meetings with State Secrets content classified as Confidential, the use of means and equipment shall be carried out according to the requirements of the chairperson;

c) When necessary, the agency or organization hosting the conference, seminar, or meeting with State Secrets content decides to use technical means to record audio and video; prevent intrusion activities and information collection from outside.

3. Security plan for conferences, seminars, meetings with State Secrets content

a) For conferences, seminars, meetings with State Secrets content classified as Top Secret, the agency or organization hosting decides on the deployment of guard forces outside; anticipates complex situations that may affect security and safety during the organization of the conference, seminar, or meeting and plans for resolution and handling;

b) Conferences, seminars, and meetings with state secret contents organized for two days or more must seal the meeting room after each day of the conference, seminar, or meeting;

c) Participants in conferences, seminars, meetings with State Secrets content must comply with the required composition as requested by the agency or organization hosting. In cases where conferences, seminars, and meetings with State Secrets content classified as Top Secret are held, security and safety checks must be conducted for participants.

Article 7. Allocation of Personnel for State Secrets Protection Tasks

1. The Central Office and Party Committees; central agencies of political-social organizations; the National Assembly Office; the President's Office; ministries, ministerial-level agencies, government agencies; the Supreme People's Court, the Supreme People's Procuracy; the State Audit Agency; provincial People's Committees under the direct jurisdiction of the central government shall be responsible for allocating personnel to perform dedicated state secrets protection tasks at their offices or administrative units.

3. The allocation of personnel to perform dedicated and concurrent state secrets protection tasks for armed forces and telecommunication agencies shall be carried out in accordance with the regulations of the Minister of National Defense and the Minister of Public Security.

4. Personnel performing dedicated and concurrent state secrets protection tasks must meet the following criteria:

a) Possess good moral qualities, meet political standards, have knowledge of laws and specialized skills in state secrets protection, strictly comply with the policies, guidelines, and laws of the Party and the State;

b) Have a sense of responsibility for safeguarding state secrets; obey the allocation and mobilization of agencies and organizations, and fully fulfill assigned responsibilities and tasks.

5. Personnel performing dedicated and concurrent state secrets protection tasks shall enjoy benefits and policies as prescribed by law.

Article 8. Reporting System on State Secrets Protection Work

1. Heads of agencies and organizations specified in Clause 1 of Article 7 of this Decree shall implement a reporting system on state secrets protection work within their management scope, submitting reports to the Ministry of Public Security for consolidation and reporting to the Prime Minister according to the following deadlines:

a) Submitting a five-year summary report once every five years; submitting an annual interim report once a year;

b) Submitting an immediate report upon discovering a leak or loss of state secrets or at the request of the Ministry of Public Security;

c) The data closing period for the annual reporting system: From December 15 of the year preceding the reporting period to December 14 of the reporting period;

d) The deadline for submitting annual reports: Agencies and organizations specified in Clause 1 of Article 7 of this Decree must submit their annual periodic reports to the Ministry of Public Security no later than December 20 of the reporting year.

2. Content of Reports on State Secrets Protection Work

a) Analysis and assessment of situations related to state secrets protection work;

b) Results of state secrets protection work; strengths, weaknesses, difficulties, obstacles, causes, and lessons learned in guidance and implementation;

c) Situations and data on state secrets leakage and loss; causes and handling, remediation of consequences;

d) Forecasting situations; planning key tasks for state secrets protection and recommendations.

3. The Ministry of Public Security shall be responsible for assisting the Government in summarizing state secrets protection work nationwide once every five years and annually.

Article 9. Effective Date

1. This Decree takes effect from July 1, 2020.

2. Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the Ordinance on State Secrets Protection shall cease to be effective from the date this Decree comes into force.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial and municipal People's Committees under the direct jurisdiction of the central government, relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.