Decree No. 33/2002/ND-CP detailing the implementation of the Ordinance on Protecting State Secrets

DECREE OF THE GOVERNMENT

Detailed regulations for implementing the Ordinance on Protecting State Secrets

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Ordinance on Protection of State Secrets dated December 28, 2000;

At the proposal of the Minister of Public Security,

DECREE: 

PART I

ESTABLISHING, DECIDING AND ANNOUNCING THE LIST OF STATE SECRETS

Article 1. Persons responsible for establishing the list of state secrets

The Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies; leaders of political organizations, political-social organizations, social organizations at the central level shall be responsible for establishing the list of state secrets in their respective agencies and organizations. The Chairman of the People's Committee of provinces and centrally-administered cities shall be responsible for establishing the list of state secrets of their locality based on proposals from departments, sectors, and directly subordinate People's Committees.

The Supreme People's Court, the Supreme People's Procuracy, Ministries, agencies equivalent to ministries, government agencies, political organizations, political-social organizations, social organizations, People's Committees of provinces and centrally-administered cities are collectively referred to as central and local agencies and organizations.

Article 2. Persons authorized to establish the list of state secrets

Persons authorized under the Ordinance on Protecting State Secrets include the Head of the Central Party Office and Heads of Party Committees of the Communist Party of Vietnam; the Director of the National Assembly Office; the Director of the President's Office.

Article 3. Establishing the List of State Secrets

Based on the scope of state secrets stipulated in Articles 5, 6, and 7 of the Ordinance on Protecting State Secrets, persons responsible for establishing the list of state secrets or those authorized have the duty to:

1. Establish the list of state secrets classified as Top Secret and Absolute Secret and submit it to the Prime Minister after the Ministry of Public Security has reviewed it.

2. Establish the list of state secrets classified as Confidential and submit it to the Minister of Public Security.

3. In the first quarter of each year, review and propose amendments, supplements, and declassification of the list of state secrets classified as Top Secret, Absolute Secret, and Confidential, and submit them to the competent authority specified in Clause 1 and Clause 2 of this Article.

Article 4. Reviewing and deciding on the list of state secrets

1. The Prime Minister decides on the list of state secrets classified as Top Secret and Absolute Secret of central and local agencies and organizations.

2. The Minister of Public Security decides on the list of state secrets classified as Confidential after reaching agreement with the heads of central and local agencies and organizations; reviews the list of state secrets classified as Top Secret and Absolute Secret of central and local agencies and organizations to submit to the Prime Minister for decision. of central and local agencies and organizations to submit to the Prime Minister for decision.

Article 5. Announcing the list of state secrets

1. The announcement of the list of state secrets of each central and local agency and organization must be based on the nature and degree of state secrets of the central and local agencies and organizations that may contain secret contents in the list to decide.

2. When submitting the list of state secrets classified as Top Secret and Absolute Secret to the Prime Minister or sending the list of state secrets classified as Confidential to the Minister of Public Security, central and local agencies and organizations must propose whether to announce or not to announce the list of state secrets of their own agency or organization. The Ministry of Public Security proposes whether to announce or not to announce the list of state secrets classified as Top Secret and Absolute Secret of central and local agencies and organizations to the Prime Minister.

3. The competent authority deciding on the list of state secrets will decide whether to announce or not to announce the list of state secrets of each central and local agency and organization.

Chapter II

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND CITIZENS

FOR PROTECTING STATE SECRETS

Article 6. Provisions on the degree of confidentiality for each type of state secret document and item

Based on the list of state secrets that have been decided by competent authorities, the head or authorized representative of agencies and organizations at the central and local levels must issue a document specifying the specific degree of confidentiality (Top Secret, Confidential, Secret) for each type of state secret document and item under their management.

Article 7. Determination and affixing of the degree of confidentiality for each state secret document and item

1. State secret documents and items must be stamped with the degree of confidentiality according to their level: Top Secret, Confidential, or Secret.

2. When drafting a document containing state secrets, the drafter must propose the degree of confidentiality for each document, and the person approving and signing the document shall be responsible for deciding the stamping of the degree of confidentiality and the circulation scope of the document.

3. For state secret items, there must be a document clearly stating the name of the item and stamping the degree of confidentiality on this document.

4. The Ministry of Public Security shall specify the models of stamps for different degrees of confidentiality.

Article 8. 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 in a place ensuring secrecy and safety, and directly managed by the leadership of agencies and organizations at the central and local levels managing those state secret documents and items.

b) The person responsible for compiling the list of state secrets as stipulated in Article 1 or the authorized person deciding the printing, copying, photographing of state secret documents and items must record the specific quantity allowed. Printed, copied, or photographed documents and items must be treated confidentially like the original ones. Only the number of copies specified can be printed, copied, or photographed. After completion, excess copies and defective prints must be immediately checked and destroyed.

c) After typing, printing, copying, or photographing classified documents, the degree of confidentiality, recall stamp (if necessary), page numbers, copy numbers, print quantity, circulation scope, recipient location, typist's name, printer's name, proofreader's name, copier's name, and photographer's name must be affixed.

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

Article 9. Dissemination and study of information within the scope of state secrets

Dissemination and study of information within the scope of state secrets must be carried out according to the following principles:

1. To the correct target and scope that need dissemination or study.

2. In an organization ensuring secrecy and safety.

3. Recording, audio recording, or video recording is only permitted with the approval of the head of the agency or organization directly managing the secrets. Audio tapes and video recordings must be managed and protected like original documents.

Article 10. Transporting and handing over state secret documents and items

State secret documents and items must be transported and handed over according to the following regulations:

1. Transporting and handing over state secret documents and items within the country must be carried out by confidentiality staff or dedicated liaison officers of the agencies and organizations. If transported via postal services, it must comply with the specific regulations of the postal service sector.

2. Transporting and handing over state secret documents and items between domestic agencies and organizations and Vietnamese state agencies abroad must be carried out by diplomatic liaison forces.

3. All cases of transporting and handing over state secret documents and items through liaison units must be conducted according to the principle of confidentiality and sealing.

4. During transportation of state secret documents and items, sufficient preservation equipment and security personnel must be provided to ensure safety during transportation.

5. The sending and receiving locations must organize inspections and verifications to detect errors and losses for prompt handling; the handover must be fully recorded in a special logbook, and the receiver must sign for receipt.

6. Staff going on business trips may only carry state secret documents and items related to their assigned tasks; they must be approved by direct leadership and registered with the confidentiality department; they must have a plan to protect state secret documents and items during the trip; upon completion of the task, they must jointly inspect and return the documents and items to the agency with the confidentiality department.

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

1. Agencies, organizations, and localities storing state secrets must statistically record materials and objects within their scope of state secrets according to chronological order and different levels of secrecy.

2. Materials and objects within the scope of state secrets at the Top Secret and Confidential levels must be stored separately with appropriate means for preservation and protection to ensure safety. The head of the agency or organization directly managing state secrets must regularly inspect and direct the statistical recording, storage, and preservation of state secrets within their jurisdiction.

Article 12. Registration of inventions, patents, and useful solutions containing state secret content

1. Agencies, organizations, and citizens having inventions, patents, and useful solutions containing state secret content must register them with the state management agency for science and technology.

The registration of inventions, patents, and useful solutions containing state secret content of the Ministry of National Defense, the Ministry of Public Security, and the Government Cryptographic Board shall be governed by separate regulations.

2. The state management agency for science and technology has the responsibility to store and preserve such inventions, patents, and useful solutions in accordance with current laws on protecting state secrets.

Article 13. Areas and locations within the scope of state secrets

Areas and locations determined to fall within the scope of state secrets must be numbered, given code names, secret symbols, or secret signs, and warning signs must be posted, and full management and confidentiality regimes must be implemented in accordance with this Decree.

Article 14. Protection of restricted areas, locations, and places where activities involving state secrets are conducted

Restricted areas, locations for storing state secrets, and places where activities involving state secrets are conducted (including printing and copying sites; meetings and dissemination of state secrets; warehouses for storing cryptographic products, decryption sites, and information transfer points; research and testing sites for scientific works involving state secrets) must ensure security, have internal rules for protection. Unauthorized persons may not access these areas. Staff coming to work must present an introduction letter along with their identification card and be assigned to work in designated rooms. Depending on the nature and security requirements of each place, specialized or semi-specialized security forces should be organized; patrols, guards, and strict control over people entering and exiting should be carried out, and technical protective equipment should be arranged.

Article 15. Protection of national cryptographic secrets

1. National cryptography is a state secret at the Top Secret level.

2. The Government Cryptographic Board assists the Government in unified state management of cryptographic affairs; research, production, supply, management, and use of cryptography shall be carried out in accordance with the Cryptographic Law.

3. It is strictly prohibited for agencies, organizations, and individuals to independently conduct research, production, and use of cryptography to carry out activities that infringe upon national security.

Article 16. Protection of state secrets when transmitted via communication means

Contents of state secrets transmitted through telecommunications and computers must be encrypted in accordance with the law on cryptographic affairs.

Article 17. Protection of State Secrets in Publishing Activities, Journalism, and Other Mass Media

1. Agencies, organizations, and individuals shall not provide information within the scope of State secrets to news agencies.

2. The heads of publishing agencies, news agencies, and journalists must comply with regulations on protecting State secrets according to the Press Law and other legal documents concerning the protection of State secrets.

Article 18. Provision of Information Within the Scope of State Secrets to Agencies, Organizations, and Vietnamese Citizens

1. Individuals assigned the task of researching and collecting information within the scope of State secrets must have a national identity card accompanied by an introduction letter from the agency clearly stating the content, requirements for research and collection, and must be approved by the competent authority of the agency or organization holding the secret.

2. Agencies and organizations holding State secrets when providing information within the scope of State secrets to agencies, organizations, and Vietnamese citizens must be reviewed by the competent authority according to the following provisions:

a) Top Secret and Confidential State secrets must be approved by the head of the central or local agency or organization.

b) Secret State secrets must be approved by the Director-General (or equivalent) at central agencies and organizations and the Provincial Department Director (or equivalent) at local levels.

Article 19. Protection of State Secrets in Relations with Foreign Organizations and Individuals

1. Vietnamese agencies, organizations, and citizens engaging in relations with foreign organizations and individuals shall not disclose State secrets.

2. When implementing international cooperation programs or performing official duties, if it is necessary to provide information within the scope of State secrets to foreign organizations and individuals, they must adhere to the principle:

a) Protecting national interests.

b) Only providing information that has been approved by the competent authorities according to the following provisions:

Top Secret State secrets must be approved by the Prime Minister;

Confidential State secrets must be approved by the Minister of Public Security, except in defense areas where approval is required by the Minister of National Defense;

Secret State secrets must be approved by the head or authorized representative of the central or local agency or organization.

c) Requiring the recipient of the information to use it for the agreed purpose and not to disclose it to third parties.

Article 20. Carrying Documents and Objects Containing State Secrets Out of the Country

Vietnamese citizens carrying documents and objects containing State secrets out of the country for work or scientific research purposes must obtain permission and approval from the head or authorized representative of the central or local agency or organization. During their stay abroad, they must take measures to manage and protect the secrecy of the carried documents and objects. If providing such documents and objects to foreign organizations and individuals, they must follow the provisions set forth in Article 19 of this Decree.

Article 21. Destruction of Documents and Objects Containing State Secrets

1. The destruction of documents and objects containing Top Secret, Confidential, and Secret State secrets at central agencies and organizations shall be decided by the Director-General (or equivalent), and at provincial and centrally-administered city levels by the Provincial Department Director (or equivalent) (for cryptographic materials, follow the regulations of the Government's Official Communication Bureau).

2. During the destruction process of documents and objects containing State secrets, it must ensure that State secrets are not disclosed. Destruction of objects containing State secrets must alter their form and function. Destruction of documents must involve burning, shredding, or grinding them to ensure they cannot be restored.

3. In special cases where it is impossible to organize the destruction of documents and objects containing State secrets according to the above provisions, and failure to destroy these documents and objects immediately would cause serious consequences for national security, defense, or other state interests, the person managing these documents and objects may destroy them themselves but must report in writing to the head of the agency or organization and the police authority at the same level immediately afterward. If self-destruction of documents and objects containing State secrets lacks legitimate reasons, the person who destroyed them shall bear legal responsibility.

Article 22. Commitment to protect state secrets and standards for officials directly involved in work related to state secrets

1. Officials directly involved in work related to state secrets (officials handling confidential communications, liaison officers, individuals assigned tasks to manage and store state secrets) must have good moral qualities, a sense of responsibility, organizational discipline awareness, vigilance in protecting state secrets; possess professional expertise and the ability to complete assigned tasks, and must commit in writing to protect state secrets; the written commitment shall be submitted to the security department of the agency or organization responsible for storing such secrets.

2. Individuals assigned tasks to come into contact with state secrets in any form must strictly comply with legal regulations on protecting state secrets.

Article 23. Construction of material and technical facilities to serve the protection of state secrets

The construction of material and technical facilities to serve the protection of state secrets shall be decided and funded according to the State Budget Law by the heads of agencies and organizations at the central and local levels.

Article 24. Inspection and supervision in the field of protecting state secrets

1. Inspection and supervision in the field of protecting state secrets shall be conducted regularly or unexpectedly for specific cases, individuals, stages of work, agencies, organizations, and individuals nationwide.

2. The Ministry of Public Security is tasked with organizing national inspections in the field of protecting state secrets for central agencies and organizations and provinces and centrally-administered cities.

3. Heads of agencies and organizations at the central and local levels must conduct regular or unexpected inspections in the field of protecting state secrets within their management scope. Regular inspections must be carried out at least once every two years.

4. Inspection and supervision in the field of protecting state secrets must accurately assess strengths and weaknesses; identify shortcomings and vulnerabilities, and recommend corrective measures. After each inspection, a report must be submitted to the superior supervisory authority and concurrently sent to the public security agency at the same level for monitoring.

Article 25. Reporting system and mid-term and final reviews on work related to protecting state secrets

1. Heads of agencies and organizations at the central and local levels must fully implement the reporting system on work related to protecting state secrets within their management scope:

a) Report incidents involving the leakage or loss of state secrets or violations of laws on protecting state secrets that harm national security or the interests of the state.

b) Provide comprehensive reports on work related to protecting state secrets annually.

2. The reporting system is as follows:

a) Reports from central and local agencies and organizations shall be submitted to the immediate superior, concurrently sent to the People's Committee and the public security agency at the same level.

b) Reports from central agencies and organizations and provincial and centrally-administered city People's Committees shall be submitted to the Prime Minister, concurrently sent to the Ministry of Public Security.

3. Central agencies, provincial and centrally-administered city People's Committees shall organize mid-term reviews of work related to protecting state secrets annually and final reviews every five years. Mid-term review reports and final review reports shall be submitted to the Prime Minister, concurrently sent to the Ministry of Public Security.

4. The Ministry of Public Security is responsible for assisting the Government in conducting annual mid-term reviews of work related to protecting state secrets; and conducting final reviews every five years nationwide.

Article 26. Establishing Regulations for Protecting State Secrets

The person responsible or the authorized representative must establish Regulations for Protecting State Secrets and organize their implementation at central and local agencies and organizations.

Article 27. Responsibilities of the Ministry of National Defense in State Secret Protection Work

The Ministry of National Defense is responsible for implementing the provisions of this Decree and organizing the implementation of state secret protection work; conducting inspections, examinations, and handling violations in state secret protection work within its managed agencies and units.

Chapter III

REWARD AND VIOLATION HANDLING

Article 28. Awards

Organizations, agencies, and citizens who achieve any of the following achievements shall be rewarded according to the provisions of the law:

1. Timely detecting and reporting acts of collecting, leaking, losing, appropriating, buying and selling, or illegally destroying state secrets.

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

3. Recovering lost classified documents or objects; preventing or limiting the consequences caused by the illegal leaking, losing, appropriation, buying and selling, or destruction of state secrets by others.

4. Excellently completing the assigned tasks of protecting state secrets.

Article 29. Handling Violations

All violations of the state secret protection regime must be investigated thoroughly. Persons who commit violations will be disciplined, administratively sanctioned, or criminally prosecuted depending on the nature and consequences of their actions.

Chapter IV

IMPLEMENTING PROVISIONS

Article 30. This Decree takes effect fifteen days from the date of signature and replaces Decree No. 84/HĐBT dated March 9, 1992 issued by the Council of Ministers on the Regulations for Protecting State Secrets.

All previous regulations that conflict with this Decree are hereby abolished.

Article 31. The Ministry of Public Security is responsible for guiding and supervising the implementation of this Decree.

Article 32. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.