Circular No. 38/2020/TT-BCA on the work of protecting state secrets in the People's Public Security Force

CIRCULAR

Regulations on the protection of state secrets

within the People's Public Security Force

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

Pursuant to DecreeNo. 26/2020/NĐ-CP dated February 28, 2020, of the Government detailing some provisions of the Law on Protecting State Secrets;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Chính phủ quy định chi tiết một sốNo. điều của Luật Bảo vệ bí mật nhà nước;

Pursuant to DecreeNo. 01/2018/NĐ-CP dated August 6, 2018, of the Government stipulating functions, tasks, and powers;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Chính phủ quy định chức năng, nhiệm vụ, quyềnuyonThe Director of the Office, Heads of Payment Department, Heads of units under the State Bank of Vietnam; credit institutions, foreign bank branches, payment switching organizations, electronic transaction settlement organizations are responsible for implementing this Circular.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsu t, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP organization of the Ministry of Public Security;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE INTERNAL POLITICAL SECURITY BRIGADE;

The Minister of Public Security issues Circulars on state secret protection work within the Public Security Forces;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." hạn về bảo vệ bí mật nhà nước trong Công an nhân dân.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the determination of state secrets and their levels of confidentiality; copying, photographing, statistics, storage, preservation, transportation, delivery, receipt, removal from storage, destruction of documents and objects containing state secrets; provision, transfer of state secrets; organization of conferences, seminars, meetings with confidential content; adjustment of confidentiality levels, declassification; assignment of officers to perform state secret protection tasks; information and reporting systems; responsibilities of public security units and localities in organizing state secret protection work.

Article 2. Applicability

This Circular applies to officers, non-commissioned officers, soldiers, and students of the Public Security Forces (hereinafter collectively referred to as officers and soldiers); public security units at the team, station, post, battalion, commune, ward, town level and above (hereinafter referred to as public security units); and related agencies, organizations, and individuals.

Chapter II

SPECIFIC PROVISIONS

Article 3. Determination of State Secrets and Level of Confidentiality of State Secrets

1. The head of a public security unit who issues or produces documents or objects containing state secrets shall be responsible for determining the state secrets and their levels of confidentiality.

2. Determination of state secrets and their levels of confidentiality must be based on the list of state secrets in various fields issued by the Prime Minister and the provisions of the Law on Protecting State Secrets.

3. Procedures and formalities for determining state secrets and the level of confidentiality of state secrets

a) When officers and soldiers draft or create information included in the list of state secrets, they must propose to the authorized person under Clause 1 of this Article to determine the state secrets, their levels of confidentiality, recipients, number of copies to be distributed, permission or prohibition to copy or photograph the documents or objects containing state secrets, which should be reflected in the proposal, review form, signed document, or document determining the confidentiality level of the object, place, speech, activity, or other form containing state secrets. They also have the responsibility to protect the content of state secrets during drafting or creation. Confidential state secret documents must indicate the recipient, number of copies to be distributed, name of the drafter, permission or prohibition to copy or photograph in the recipient section of the document. In case of electronic documents, the drafter must create a confidentiality mark on the document after it has been determined as a state secret and its confidentiality level by the authorized person; when printed for distribution, electronic documents must be stamped with the confidentiality mark according to regulations.

For recurring documents such as specialized reports, periodic reports with the same confidentiality level, the head of a public security unit shall determine the confidentiality level once for that type of document.

Draft documents containing state secrets must be managed and protected like officially issued documents from the time of drafting until completion and destruction if retention is deemed unnecessary.

b) When officers and soldiers receive information included in the list of state secrets but not yet determined as state secrets, they must immediately report and propose to the head of the public security unit to determine or transfer to the competent agency or organization for determination according to authority.

Officers and soldiers assigned to handle such information must submit a written proposal to the head of the public security unit to determine the state secrets, their levels of confidentiality, recipients, number of copies to be distributed, permission or prohibition to copy or photograph the documents or objects containing state secrets. Received information must be protected during reception and handling.

4. The model of confidentiality marks and the model of documents determining the confidentiality level of state secrets shall be implemented in accordance with Circular No. 24/2020/TT-BCA dated March 10, 2020, of the Minister of Public Security on forms used in state secret protection work.

Article 4. Copying and photographing state secrets documents and carriers

1. The authorized persons to permit copying and photographing of state secrets documents and carriers classified as Top Secret include:

a) The Minister of Public Security;

b) Directors of subordinate units of the Ministry; Heads of the Office of the Ministry of Public Security, Inspectorate of the Ministry of Public Security, Heads of the Commission for Inspection of the Central Party Committee of the Public Security, Heads of the Office of the Criminal Police Department;

c) Directors of the Political Academy of the Public Security Forces, National Security Academy, National Police Academy, International Academy; Rectors of the University of Fire Prevention and Fighting, University of Technical and Logistics of the Public Security Forces;

d) Directors of provincial and centrally-administered city public security services.

2. The authorized persons to permit copying and photographing of state secrets documents and carriers classified as Confidential and Secret include:

a) Those persons specified in Clause 1 of this Article;

b) Rectors of public security academies (except in cases provided for in point c, Clause 1 of this Article);

c) Heads of public service establishments under the Ministry of Public Security;

d) Heads of departments and equivalents; Chiefs of public security in districts, towns, cities under provinces, centrally-administered cities; Battalion commanders.

3. Those authorized to permit copying or photographing of documents or objects containing state secrets as stipulated in Clause 1 and point a, b, c of Clause 2 of this Article may delegate their authority to deputy-level officials to permit copying or photographing of documents or objects containing state secrets.

Delegation of authority to permit copying or photographing of documents or objects containing state secrets can be carried out regularly or on a case-by-case basis and must be documented, clearly specifying the scope, content, and duration of the delegation.

Deputy-level officials delegated to permit copying or photographing of documents or objects containing state secrets must bear responsibility for their decisions to permit copying or photographing before their superiors and the law, and may not further delegate this authority to others.

4. Copying or photographing of documents or objects containing state secrets shall be carried out as follows:

a) After being permitted by the authorized person as stipulated in Clauses 1, 2, and 3 of this Article, the person assigned to carry out the copying or photographing of documents or objects containing state secrets;

b) Copies of confidential state secret documents must be stamped with "copy number" on the first page and "confidential state secret copy" on the last page of the document after copying, indicating the copy number, method of copying (true copy or transcript), date, quantity, recipient, authorization to copy, and seal of the agency or organization (if any).

c) The excerpted copy of state secret documents must be carried out according to the "excerpt" model, which fully reflects the content of the excerpt, time, quantity, recipient location, authority granting permission to copy, and the stamp of the agency or organization (if applicable).

d) The photograph of state secret documents or objects must have a "record of photographing state secret documents or objects," which must include the name, type of state secret documents or objects, level of secrecy, time, quantity, recipient location, person carrying out the photographing of state secret documents or objects, authority granting permission to photograph, and the stamp of the agency or organization (if applicable).

đ) The act of copying and photographing must be recorded in the "Register for Managing Copies and Photographs of State Secrets" for management and monitoring.

5. Copying and photographing of encrypted communications shall be carried out in accordance with the laws on cryptographic matters.

6. The models for copying stamps, photographing stamps; record forms for photographing state secrets; and management ledgers for copying and photographing state secrets shall be implemented in accordance with Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security on the forms used in state secret protection work.

Article 5. Statistics, storage, preservation of state secrets documents and carriers

1. State secret documents and objects must be stored in specialized files according to subjects, fields, with detailed statistical tables attached, and must be protected by appropriate measures to ensure safety as prescribed by the head of the People's Public Security unit.

2. Annually, People's Public Security units must statistically record state secret documents and objects received and issued in chronological order and by level of secrecy.

3. The storage and preservation locations for state secret documents and objects must be constructed solidly; entrances and exits must be equipped with protective locks; fire prevention, explosion prevention, intrusion prevention, theft prevention equipment must be provided, and there must be a security plan.

Article 6. Transporting, handing over, receiving state secrets documents and carriers

1. The transportation, delivery, and receipt of state secret documents and objects shall be carried out by officers and soldiers directly involved in state secret-related work; liaison officers and clerks of the Ministry of Public Security; liaison officers and clerks of public security units at all levels. Officers and soldiers directly involved in state secret-related work may only transport, deliver, and receive state secret documents and objects when instructed by the leadership of the People's Public Security unit.

2. Handing over state secrets documents and carriers shall be conducted as follows:

a) Before delivering state secret documents and objects, they must be registered in the "State Secret Documents Departure Register." For state secret documents and objects classified as "Top Secret," only the summary may be recorded if authorized by the authority determining the state secret.

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 secret documents and objects classified as "Top Secret," they must be protected by two layers of envelopes: the inner envelope must indicate the number and code of the state secret documents and objects, the name of the recipient, stamped with "Top Secret," and sealed with the unit's stamp outside the envelope; if sent directly to a responsible person, it must be stamped with "Only named person can open." The outer envelope must be marked as regular documents and stamped with the letter "A."

State secret documents and objects classified as "Very Confidential" and "Confidential" must be protected by one layer of envelope, with the letters "B" and "C" stamped outside the envelope corresponding to the level of confidentiality of the state secret documents and objects inside.

c) The delivery of documents and objects containing state secrets must be carried out using the "State Secret Transfer Register."

3. Receiving state secrets documents and carriers shall be conducted as follows:

a) After receiving state secret documents and objects, they must be registered in the "State Secret Documents Arrival Register;"

b) If the envelope of state secret documents and objects bears the stamp "Only named person can open," the recipient must register according to the code on the outer envelope, without opening the envelope and must immediately transfer it to the person named on the envelope. If the named person is absent and the envelope bears the stamp "Urgent," it must be transferred to the leadership of the People's Public Security unit or a person authorized by the leadership to handle it.

c) If state secret documents and objects are received without complying with the regulations for protecting state secrets, they must be transferred to the leadership of the receiving unit or the named person on the envelope (in the case of direct delivery) for handling, while simultaneously informing the sending location to take corrective measures. If signs of tampering, opening, substitution, loss, or damage are discovered, the recipient must immediately report to the head of the unit for appropriate action.

4. The sending and receiving locations of state secret documents and objects must verify the quantity and check the sealing and packaging of the documents and objects. If discrepancies in quantity or errors in sealing and packaging are found, the receiving location must request the sending location to rectify them before registering and signing off.

5. If state secret documents and objects bear the stamp "For Recall," the People's Public Security unit or the officer/soldier who has received the documents and objects must return them within the deadline specified in the document.

6. The transfer and receipt of electronic documents containing state secrets over the Internet, computer networks (internal networks, wide area networks), and telecommunications networks must comply with the provisions of the law on cryptographic security.

7. The transportation and delivery of cryptographic products shall be carried out in accordance with the provisions of the law on cryptographic matters.

8. If state secret documents and objects are registered using a database management system on a computer, when transferring, they must be printed on paper for signature and registration in the ledger for management. Computers used for registering state secret documents and objects must not be connected to the Internet, computer networks, or telecommunications networks, except as provided by the law on cryptographic security.

9. The models for the "State Secret Documents Departure Register," "State Secret Documents Arrival Register," and "State Secret Documents Transfer Register" shall be implemented in accordance with Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security on the forms used in state secret protection work.

Article 7. Carrying State Secrets Documents and Containers Out of Storage Locations

1. Taking state secret documents and objects out of their storage location for domestic work purposes must be approved by the head or deputy head authorized by the head of the People's Public Security unit directly managing the state secrets.

2. Taking state secret documents and objects out of their storage location for overseas work purposes must be approved by the Minister of Public Security or a Deputy Minister authorized and must be reported to the Head of the Delegation.

3. Officers and soldiers when carrying state secrets documents or containers out of storage places must have a request for permission from the authorized person as prescribed in Clauses 1 and 2 of this Article. The request for permission to carry state secrets documents or containers out of storage places for domestic and foreign work must clearly state their name, position, working unit; type of document, summary of content, level of confidentiality of the state secrets document or container; purpose of use; time and place of work; measures to protect state secrets.

4. During the period of carrying state secrets documents or containers out of storage places, if state secrets are discovered to be leaked or lost, the person carrying the state secrets documents or containers must immediately report to the head of the People's Public Security Unit directly managing, the Head of the Working Group to take measures to handle and mitigate consequences.

5. State secrets documents or containers carried out of storage places must be contained, stored, and transported by means and equipment ensuring safety as prescribed by the head of the People's Public Security Unit managing state secrets, and must be protected during the period of being carried out of storage places. Upon completion of the task, they must report to the authorized person who granted permission to carry state secrets documents or containers out of storage places on the management and use of state secrets and return them to the unit.

Article 8. Providing and Transferring State Secrets to Agencies, Organizations, and Vietnamese Individuals Assigned to Tasks Directly Related to State Secrets

1. The authority to decide on providing and transferring State Secrets to agencies, organizations, and Vietnamese individuals assigned to tasks directly related to State Secrets is defined as follows:

a) The authorized person as prescribed in Clause 1 of Article 4 of this Circular decides on the provision and transfer of state secrets at the Top Secret level;

b) The authorized person as prescribed in Points a, b, and c of Clause 2 of Article 4 of this Circular decides on the provision and transfer of state secrets at the Confidential level;

c) The authorized person as prescribed in Points a and b of this Article and Point d of Clause 2 of Article 4 of this Circular decides on the provision and transfer of state secrets at the Secret level.

2. Agencies and organizations requesting the provision and transfer of state secrets must submit a written request to the authorized person deciding on the provision and transfer of state secrets. The request must clearly state the name of the agency or organization; representative of the agency or organization; state secrets requested for provision and transfer; purpose of use and commitment to protect state secrets.

3. Individuals requesting the provision and transfer of state secrets must submit a written request to the authorized person deciding on the provision and transfer of state secrets. The request must clearly state their full name; Citizen Identification Card number, Identity Card number, Passport number, People's Public Security Identity Card number, or Military Identity Card number; contact address; job position; state secrets requested for provision and transfer; purpose of use and commitment to protect state secrets and not provide or transfer to a third party without the consent of the provider or transferor.

4. In cases where the provision and transfer of State Secrets is refused, the authorized person deciding on the provision and transfer of State Secrets must respond in writing and specify the reasons.

Article 9. Supplying and transferring state secrets to foreign agencies, organizations, and individuals

1. The authority to decide on supplying and transferring state secrets to foreign agencies, organizations, and individuals shall be as follows:

a) The Prime Minister decides on supplying and transferring state secrets classified as Top Secret;

b) The Minister of Public Security decides on supplying and transferring state secrets classified as Confidential and Secret within their scope of management.

2. State secrets may only be supplied and transferred to foreign agencies, organizations, and individuals participating in international cooperation programs or performing duties related to state secrets.

3. Foreign agencies and organizations requesting the provision and transfer of state secrets must submit a written request to the People's Public Security Unit in charge of international cooperation programs or performing duties related to state secrets. The request must clearly state the name of the agency or organization, representative of the agency or organization; nationality, Passport number, position of the representative; state secrets requested for provision and transfer; purpose of use, commitment to protect state secrets and not provide or transfer to a third party without the consent of the provider or transferor.

4. Foreign individuals requesting the provision and transfer of state secrets must submit a written request to the People's Public Security Unit in charge of international cooperation programs or performing duties related to state secrets. The request must clearly state their full name; Passport number, contact address; state secrets requested for provision and transfer; purpose of use, commitment to protect state secrets and not provide or transfer to a third party without the consent of the provider or transferor.

5. The People's Public Security Unit in charge of international cooperation programs or performing duties related to state secrets has the responsibility to forward the requests of foreign agencies and organizations as prescribed in Clauses 3 and 4 of this Article to the authorized person deciding on the provision and transfer of state secrets.

6. In cases where the supply and transfer of state secrets are refused, the person authorized to decide on the supply and transfer of state secrets must respond in writing and provide clear reasons.

Article 10. Organizing conferences, seminars, meetings with state secret contents within the People's Public Security

1. Authority to decide on organizing conferences, seminars, and meetings with state secret contents

a) In cases without foreign elements, the authorized person providing and transferring state secrets according to each level of confidentiality as prescribed in Clause 1 of Article 8 of this Circular decides on organizing conferences, seminars, meetings;

b) In cases with foreign elements, the authorized person providing and transferring state secrets according to each level of confidentiality as prescribed in Clause 1 of Article 9 of this Circular decides on organizing conferences, seminars, meetings.

2. The decision of the competent authority allowing the organization of the conference, seminar, meeting must be in writing.

3. Conferences, seminars, meetings containing state secrets within the Public Security system shall be organized in closed meeting rooms at the workplace of the Public Security unit. In cases where they are organized outside the workplace, the head of the Public Security unit organizing the conference, seminar, or meeting shall be responsible for proposing the Technical Investigation Department, Provincial Public Security Technical Investigation Department to inspect security and information security in the area where the conference, seminar, or meeting takes place.

4. Means and equipment used in conferences, seminars, and meetings with state secret contents

a) Conferences, seminars, meetings containing state secrets must use wired microphones and other means and equipment that have been inspected for security and information security by the Technical Investigation Department, Provincial Public Security Technical Investigation Department before installation, except for equipment provided by the cryptographic force. In cases where conferences, seminars, meetings containing state secrets are organized through video conferencing, the transmission route must be protected in accordance with the law on cryptography;

b) Officers and soldiers are not allowed to bring devices with signal receiving and transmitting, recording audio and video functions into conferences, seminars, meetings containing state secrets at the Top Secret and Confidential levels. For conferences, seminars, meetings containing state secrets at the Secret level, the use of means and equipment shall be carried out according to the requirements of the chairperson;

c) In necessary cases, the People's Public Security unit organizing conferences, seminars, meetings containing state secrets may decide to use technical means to prevent intrusion activities and collect information from outside; use means and equipment to record audio and video for work purposes.

5. Plan for protecting conferences, seminars, and meetings with state secret contents

a) For meetings, seminars, or conferences containing state secrets classified as Top Secret, the head of the People's Public Security unit hosting the event decides on the deployment of security guards and external protection forces; anticipates complex situations that may arise and affect security and safety during the organization of the meeting, seminar, or conference, and develops response plans.

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 meetings, seminars, or conferences containing state secrets must strictly adhere to the required composition as specified by the host unit, and have the responsibility to protect and use state secrets according to the provisions of this Circular and the requirements of the meeting, seminar, or conference host. In cases where meetings, seminars, or conferences contain state secrets classified as Top Secret, measures must be taken to check compliance with regulations regarding prohibited devices and equipment from being brought into the meeting room for participants.

Article 11. Adjustment of Confidentiality Level

1. Adjusting classification levels involves increasing or decreasing the classification level already determined for state secrets.

2. The adjustment of secrecy levels must be based on the list of state secrets issued by the Prime Minister in the fields of national security, social order and safety, and other areas stipulated in the Law on Protection of State Secrets.

3. The head of the People's Public Security unit has the authority to determine the level of secrecy of state secrets and to decide on the adjustment of the level of secrecy of state secrets within their jurisdiction.

4. After issuing a decision to adjust the classification level, the People's Public Security Unit that adjusts the classification level must stamp or provide a written document or other form to confirm the increase or decrease in the classification level.

5. Within no more than fifteen days from the date the authorized person as provided for in Clause 3 of this Article decides to adjust the level of secrecy, the People's Public Security unit responsible for adjusting the level of secrecy must notify in writing the relevant agencies, organizations, and individuals.

Upon receiving notification about the adjustment of the level of secrecy, the People's Public Security unit must stamp or issue a document or other form to confirm the corresponding adjustment of the level of secrecy for state secrets under their management.

6. The model for the stamp adjusting the confidentiality level shall be implemented in accordance with Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security regarding forms used in state secret protection work.

Article 12. Declassification

1. Declassification is the removal of the classification level from state secrets.

2. State secrets are automatically declassified in the following cases:

a) Expiration of the protection period or expiration of the extended protection period for state secrets as stipulated in Articles 19 and 20 of the Law on Protecting State Secrets;

b) No longer included in the list of state secrets. In this case, the People's Public Security unit determining the state secret must stamp or issue a document or other form to confirm the declassification and immediately notify in writing the relevant agencies, organizations, and individuals.

3. State secrets are fully or partially declassified when necessary to meet practical requirements for protecting national interests, ethnic interests, economic and social development, integration, and international cooperation. In such cases, People's Public Security units must proceed with declassification according to the following procedures and formalities:

a) The head of the People's Public Security Unit that determines state secrets establishes a Declassification Board;

b) The declassification council includes representatives of the leadership of the People's Public Security unit determining the state secret as the Chairman of the Council and representatives of related agencies and units;

c) The declassification council is responsible for reviewing the declassification, reporting to the head of the People's Public Security unit determining the state secret to issue a decision on declassification;

d) In cases of partial declassification, the declassified content is included in the declassification decision, and within no more than fifteen days from the date of the declassification decision, the unit responsible for declassification must notify in writing the relevant agencies, organizations, and individuals to implement stamping for declassification or issue a document confirming the declassification of the documents or objects containing state secrets managed by them;

đ) In cases of full declassification of state secrets, after the declassification decision is made, it must be stamped for declassification or a document confirming the declassification must be issued, and within no more than fifteen days from the date of the declassification decision on state secrets, the People's Public Security unit responsible for declassification must notify in writing the relevant agencies, organizations, and individuals to stamp for declassification or issue a document confirming the declassification of the documents or objects containing state secrets managed by them;

f) The declassification file must be stored including the decision to establish the Declassification Board; the state secret proposed for declassification; the minutes of the Declassification Board meeting; the declassification decision and other related documents.

4. The model for the stamp declassifying shall be implemented in accordance with Circular No. 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security regarding forms used in state secret protection work.

Article 13. Destruction of State Secrets Documents and Carriers

1. Destruction of State Secrets documents and carriers shall be carried out in the following cases:

a) When it is not necessary to retain them and the destruction does not cause harm to national interests;

b) If immediate destruction is required to prevent harm to national interests.

2. The destruction of State Secrets documents and carriers must meet the following requirements:

a) Ensuring that State Secrets are not exposed or lost;

b) The destruction process must alter the form, function, and utility of the State Secrets documents and carriers, completely eliminating State Secrets information;

c) After destruction, State Secrets documents and carriers cannot be restored to their original form, function, utility, or content.

3. Authority for the destruction of State Secrets documents and carriers is defined as follows:

a) The authorized person as provided for in Points 1 and 2 of Article 4 of this Circular has the authority to decide on the destruction of documents and objects containing state secrets;

b) Officers and soldiers currently managing documents and objects containing state secrets have the right to decide on destruction in cases as provided for in Point b of Clause 1 of this Article and must immediately report in writing the destruction to the authorized person as provided for in Point a of this Clause;

4. The destruction of State Secrets documents and carriers in the case specified in point a, Clause 1 of this Article is regulated as follows:

a) The person authorized under point a, Clause 3 of this Article decides to establish a Committee for the Destruction of State Secrets documents and carriers;

b) The council for destroying documents and objects containing state secrets includes representatives of the leadership of the People's Public Security unit directly storing the documents and objects containing state secrets as the Chairman of the Council; the person directly storing the documents and objects containing state secrets, and representatives of related agencies and organizations;

c) The council for destroying documents and objects containing state secrets is responsible for reviewing the documents and objects containing state secrets proposed for destruction, reporting to the authorized person as provided for in Point a of Clause 3 of this Article to issue a decision on destruction;

d) The destruction file must be stored including the decision to establish the destruction council; the list of documents and objects containing state secrets proposed for destruction; the minutes of the destruction council meeting; the destruction decision, the destruction minutes, and other related documents.

5. The destruction of State Secrets documents and carriers in the field of confidential communications shall be implemented in accordance with the provisions of the law on confidential communications.

Article 14. Allocation of officials to perform the task of protecting state secrets

1. At the Ministry Level

a) The Political Security Department has the responsibility to allocate specialized staff to perform state secrets protection tasks within the People's Public Security Force;

b) Units under the Ministry, public service units of the People's Public Security have the responsibility to allocate officials on兼任职务执行保护国家秘密的任务，在参谋或行政、汇总部门。

2. At Local Police Levels

a) Provincial and centrally-administered city police forces have the responsibility to allocate specialized staff to perform state secrets protection tasks within the Internal Political Security Departments;

b) Rooms and equivalent departments; Public Security bureaus of counties, districts, municipal towns, provincial-level cities directly under the central government shall be responsible for allocating officials on兼任职务执行保护国家秘密的任务。

3. Officials performing dedicated or兼任职务tasks to protect state secrets shall enjoy benefits and policies as prescribed by law.

Article 15. Information and reporting system on the work of protecting state secrets

1. Every six months and annually, local police units report their state secrets protection work to the Ministry (through the Political Security Department).

2. Every five years, local police units summarize the situation and state secrets protection work and submit reports to the Ministry (through the Political Security Department).

3. Immediate reports shall be made immediately after the occurrence of leaks or loss of state secrets or upon discovery of violations of laws on protecting state secrets, or at the request of the Ministry leadership, the Political Security Police Department, and sent to the Ministry (through the Political Security Police Department).

4. 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.

Article 16. Responsibilities of Public Security units and localities regarding the work of protecting state secrets

1. The Political Security Department is responsible for advising the Ministry:

a) To implement state management over the protection of State Secrets;

b) To compile opinions from Public Security units and localities proposing amendments and supplements to the list of State Secrets in the fields of national security and public order and social safety;

c) Mid-term reviews every six months within the People's Public Security, annual mid-term reviews and five-year comprehensive reviews of the work of protecting state secrets nationwide;

d) Take the lead and coordinate with the Cybersecurity and High-Tech Crime Prevention Bureau, Technical Operations Bureau, and other relevant units to organize inspections on compliance with laws on protecting state secrets for agencies, organizations, localities, and Public Security units and localities.

2. Public Security units and localities shall be responsible for:

a) Organizing the implementation of work to protect State Secrets within their jurisdiction;

b) Reviewing and proposing amendments or supplements to the list of State Secrets in the fields of national security and public order and social safety;

c) Establish internal regulations for protecting state secrets within their agencies and units;

d) Advising and guiding agencies, sectors, and enterprises within their jurisdiction to implement work to protect State Secrets.

Chapter III

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Circular takes effect from July 1, 2020, and replaces Circular No. 59/2010/TT-BCA-A81 dated December 14, 2010, issued by the Minister of Public Security on the work of protecting state secrets within the People's Public Security force.

Article 18. Responsibility for Implementation

1. The Political Security Department is responsible for guiding, monitoring, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry, Directors of Public Security of provincial-level cities directly under the central government, Directors of academies, Principals of Public Security colleges, Heads of public service units of the People's Public Security, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.

During implementation, if there are difficulties or obstacles, local police units should report to the Ministry of Public Security (through the Political Security Department) for guidance./.