Ordinance No. 30/2000/PL-UBTVQH10 on Protecting State Secrets

ORDINANCE

Number 30/2000/PL-UBTVQH10 dated December 28, 2000

Protection of State Secrets

To enhance the responsibility of state agencies, political organizations, socio-political organizations, social organizations, economic organizations, other organizations, people's armed units, and all citizens in the task of protecting state secrets, contributing to building and defending the country;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to the Resolution of the National Assembly, Tenth Session, Sixth Meeting on the Legislative Program for 2000;

This Ordinance stipulates the protection of state secrets.

PART I
GENERAL PROVISIONS

Article 1

State secrets are information about events, documents, objects, locations, times, statements containing important contents in the fields of politics, national defense, security, foreign relations, economy, science, technology, and other fields that the State does not disclose or has not yet disclosed, and if disclosed would cause harm to the Socialist Republic of Vietnam.

Article 2

Protecting state secrets is a very important task of the Socialist Republic of Vietnam.

State agencies, political organizations, socio-political organizations, social organizations, economic organizations, other organizations, people's armed units (hereinafter referred to collectively as agencies and organizations), and all citizens have the obligation and responsibility to protect state secrets.

Article 3

Strictly prohibited are all acts of collecting, leaking, losing, appropriating, buying and selling, destroying state secrets illegally, and abusing the protection of state secrets to conceal violations of laws, infringing upon the legitimate rights and interests of agencies, organizations, and citizens, or obstructing the implementation of state plans.

The handling of state secrets, including contact, storage, provision, and processing, must be carried out in accordance with the regulations of the Government.

PART II
SCOPE OF STATE SECRETS

Article 4

Based on the nature of the importance of the content of the information and the degree of danger if disclosed, state secrets are classified into three levels: Top Secret, Confidential, and Secret.

Article 5

State secrets within the following scope belong to the Top Secret level:

1. National security strategy; homeland defense plan; mobilization plan to counter war; types of weapons and means that are decisive for the country's defense capability;

2. Policies and guidelines of the Communist Party of Vietnam and the Socialist Republic of Vietnam regarding domestic and foreign affairs that have not been disclosed or have not yet been disclosed.

Information from foreign countries or international organizations transferred to Vietnam that the Government determines to be at the Top Secret level;

3. Organization and activities of intelligence and counterintelligence as prescribed by the Government;

4. National cryptographic systems;

5. National strategic reserves; budgetary data and final accounts of state budgets for areas that have not been disclosed; plans for issuing currency, safety keys for each type of currency, and other documents with monetary value; unannounced plans for currency exchange;

6. Prohibited areas and locations; other information and documents determined by the Government to be at the Top Secret level.

Article 6

State secrets within the following scope belong to the Confidential level:

1. High-level negotiations and contacts between our country and foreign countries or international organizations regarding politics, national defense, security, foreign relations, economy, science, technology, and other undisclosed fields;

Information from foreign countries or international organizations transferred to Vietnam that the Government determines to be at the Confidential level;

2. Organization and equipment, combat plans of people's armed units, except those organized and operated as provided for in Clause 3 of Article 5 of this Ordinance; production, transportation, and storage plans for weapons; important border defense construction projects, airspace, sea areas, and islands;

3. Military maps; coordinates of first and second-class national points in a complete national network along with accompanying notes;

Positions and height values of key markers of meteorological, hydrological, and marine stations; height data and absolute zero values of marine markers;

4. Amounts of printed and issued currency; gold reserves and foreign exchange reserves; unpublished data on fiscal deficits and inflation; unpublished pricing plans for strategic goods under state management;

5. Locations and quantities of rare metals, precious stones, foreign exchange, and other valuable items of the State;

6. Scientific works, inventions, patents, useful solutions, and trade secrets particularly important for national defense, security, economy, science, and technology that the State has not disclosed;

7. Export and import plans for special goods occupying a critical position in the development and defense of the country that have not been disclosed or have not yet been disclosed;

8. Other information and documents determined by the Government to be at the Confidential level.

, Clause 1, Clause 2 Article 7a of this Regulation.

State secrets outside the scope defined in Articles 5 and 6 of this Ordinance belong to the Secret level.

The list of state secrets belonging to the Secret level is proposed by the head or authorized person of the agency or organization for decision by the Minister of Public Security.

Article 8

Based on the list of state secrets belonging to the Top Secret, Confidential, and Secret levels issued by competent authorities according to the provisions of this Ordinance, the head or authorized person of the agency or organization decides the classification level for specific state secrets.

Article 9

The establishment, decision-making, change, and declassification of state secrets must be conducted according to the authority and procedures stipulated in this Ordinance.

CHAPTER III
STATE MANAGEMENT ON THE PROTECTION OF STATE SECRETS
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND CITIZENS
FOR PROTECTING STATE SECRETS

Article 10

The content of state management on the protection of state secrets includes:

1. Issuing and guiding the implementation of legal normative documents on the protection of state secrets;

2. Deciding and declassifying state secrets; prescribing the publication of lists of state secrets;

3. Deciding on funding and ensuring material and technical facilities to serve the work of protecting state secrets;

4. Prescribing benefits and policies for individuals directly engaged in the protection of state secrets;

5. Inspecting, supervising, handling violations, and resolving complaints and denunciations in the field of protecting state secrets;

6. Summarizing and concluding the work of protecting state secrets.

Article 11

1. The Government exercises unified state management over the protection of state secrets.

2. The Ministry of Public Security is responsible before the Government for implementing state management over the protection of state secrets and has the following tasks and powers:

a. Submitting draft legal normative documents on the protection of state secrets to the Government and the Prime Minister for approval.

b. Guide agencies and organizations to establish lists of state secrets and implement state secret protection work;

c. Review the establishment and declassification of lists of state secrets at the Top Secret and Absolute Secret levels for submission to the Prime Minister for decision;

d. Decide on and declassify lists of state secrets at the Confidential level after reaching agreement with the head or authorized representative of the relevant agency or organization;

đ. Inspect, supervise, handle violations, and resolve complaints and denunciations in the field of state secret protection;

e. Assist the Government in summarizing and concluding state secret protection work;

Article 12

Within their scope of duties and authority, the heads or authorized representatives of agencies and organizations and the Chairpersons of People's Committees at all levels shall have the following responsibilities:

1. Organize the implementation of state secret protection work in accordance with this Ordinance and other related legal documents;

2. Issue and organize the implementation of internal regulations on state secret protection as prescribed by the Government;

3. Establish lists, change classification levels, and declassify state secrets for submission to competent authorities for decision;

4. Assign staff to perform state secret protection work as prescribed by the Government;

5. Propagate and educate those under their management to enhance responsibility, vigilance, and strict compliance with laws on state secret protection;

6. Implement reporting systems on state secret protection work as prescribed by the Government;

Article 13

The Ministry of National Defense shall be responsible for organizing the implementation of state secret protection work in agencies and units under its jurisdiction as prescribed by the Government;

Article 14

The Government shall prescribe the protection of state secrets in publishing, journalism, and other mass media activities in accordance with this Ordinance;

Article 15

State secrets transmitted via telecommunications and computer means must be encrypted in accordance with the law on cryptographic communications;

Article 16

Scientific works, inventions, patents, and useful solutions by agencies, organizations, or citizens related to state secrets must be registered with competent state authorities and protected in accordance with the law;

Article 17

Agencies, organizations, and Vietnamese citizens interacting with foreign organizations or individuals must comply with laws on state secret protection; when implementing international cooperation programs involving state secrets, they must obtain approval from competent state authorities on state secret protection;

Article 18

Personnel engaged in state secret protection work must possess good moral qualities, professional expertise, the ability to complete assigned tasks, and commit to protecting state secrets;

Individuals entrusted with tasks involving state secrets must commit to protecting state secrets;

PART IV
REWARD AND VIOLATION HANDLING

Article 19

Agencies, organizations, and citizens who achieve outstanding results in state secret protection shall be rewarded in accordance with the law;

Article 20

Any person violating provisions of this Ordinance and other laws on state secret protection shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law;

CHAPTER V
IMPLEMENTING PROVISIONS

Article 21

This Ordinance takes effect from April 1, 2001;

This Ordinance replaces the State Secrets Protection Ordinance dated October 28, 1991.

Previous regulations contrary to this Ordinance are abolished.

Article 22

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.