Decision No. 316/2004/QĐ-NHNN on amending and supplementing certain provisions of the regulation on protecting state secrets in the banking sector issued together with Decision No. 1087/2003/QĐ-NHNN dated September 17, 2003 of the Governor of the State Bank of Vietnam.

DECISION OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

Regarding amendments and supplements to certain articles of the Regulation on Protecting State Secrets in the Banking Sector issued together with Decision No. 1087/2003/QĐ-NHNN dated September 17, 2003 of the Governor of the State Bank of Vietnam

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam No. 01/1997/QH10 dated December 12, 1997; the Law Amending and Supplementing Certain Articles of the Law on the State Bank of Vietnam No. 10/2003/QH10 dated June 17, 2003;

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

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

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the proposal of the Director of the Organization and Cadres Department,

DECISION:

Article 1. Amend and supplement certain articles of the Regulation on Protecting State Secrets in the Banking Sector:

1. Clause 2 shall be amended and supplemented as follows:

"Article 2. This regulation shall apply to organizations within the organizational structure of the State Bank, state-owned enterprises directly under it, credit institutions (hereinafter referred to as units in the Sector), officers, civil servants, and employees in the banking sector, and related organizations and individuals."

2. Clause 1 of Article 4 shall be amended and supplemented as follows:

"Clause 1. The Governor of the State Bank of Vietnam decides on printing, copying, photographing documents and objects carrying state secrets in the banking sector at the Top Secret and Absolute Secret levels, specifying the quantity printed, copied, or photographed. The Governor delegates the decision to print, copy, or photograph documents and objects carrying state secrets in the banking sector at the Confidential level to the Heads of units in the Sector, which directly manage such documents and objects."

3. Article 14 shall be amended and supplemented as follows:

"Article 14. Establishing a list, changing the confidentiality level, and declassifying the list of state secrets. Each year in December, units in the banking sector proactively propose to the Governor information to be included in the list of state secrets, changes in the confidentiality level, and declassification of the list of state secrets in the Sector. The Office is responsible for compiling and submitting to the Governor for transmission to the Ministry of Public Security.

4. Article 16 shall be amended and supplemented as follows:

"Article 16. Inspection in the field of protecting state secrets in the banking sector.
1. The Head of units in the Sector is responsible for periodically or randomly inspecting the implementation of this Regulation within their management scope.
2. In addition to the tasks specified in Clause 1, the following units also have responsibilities:
a) The General Supervision Department is responsible for inspecting the implementation of this Regulation at units under the State Bank system and state-owned enterprises directly under it;
b) The Banking Inspectorate inspects compliance with this Regulation at credit institutions;
c) The Office is responsible for coordinating and reporting comprehensively across the Sector.
3. Inspections in the field of protecting state secrets in the banking sector shall be conducted at least once every two years or randomly when necessary.
4. During inspections and self-inspections, evaluations must identify strengths, weaknesses, detect deficiencies, and recommend corrective measures. After each inspection, a report must be submitted to the Governor of the State Bank of Vietnam, followed by submission to the Ministry of Public Security for monitoring."

5. Article 17 shall be amended and supplemented as follows:

"Article 17. Reporting, mid-term review, and final evaluation on the work of protecting state secrets in the banking sector.
1. Reports include two types:

a) Reports (emergency) on incidents of exposure or loss of state secrets occurring or violations of laws on protecting state secrets that harm national security, the interests of the State, or the Sector, carried out by the Head of units in the Sector (where the incident occurred) or through inspections and audits.

b) Comprehensive reports on the work of protecting state secrets in the Sector annually, implemented in January of the following year, carried out by the Heads of Sector units or the Head of units with inspection and audit functions. These reports are sent to the Office for consolidation and comprehensive reporting across the Sector.

2. The Office leads the coordination with relevant units to organize mid-term reviews annually and final evaluations every five years on the work of protecting state secrets in the banking sector."

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Chief of the Office, the Director of the General Supervision Department, the Chief Inspector, the Heads of units under the State Bank of Vietnam, the Chairmen of the Boards of Directors, and the General Managers (Directors) of credit institutions are responsible for implementing this Decision.