CIRCULAR NO. 52/2015/TT-BCA REGULATING THE AWARDING OF MERIT WITH STATE SECRECY CONTENT IN THE PEOPLE'S POLICE

CIRCULAR

DECISION NO. 52/2015/TT-BCA OF OCTOBER 15, 2015 OF THE MINISTRY OF PUBLIC SECURITY ON AWARDING AND RECOGNIZING MERIT WITH STATE SECRECY CONTENT WITHIN THE PEOPLE'S PUBLIC SECURITY

Pursuant to the Law on Competition and Reward 2003;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward 2013;

Pursuant to the Law on People's Police 2014;

Pursuant to the Ordinance on Protecting State Secrets 2000;

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

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Reward and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward; organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.competition and reward and the Law Amending and Supplementing Certain Provisions of the Law organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.competition and reward; Decree No. 39/2012/NĐ-CP dated April 27, 2012 of the Government amending and supplementing certain provisions of Decree No. 42/2010/NĐ-CP dated April 15 2010 of the Government detailing the implementation of certain provisions of the Law organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.competition and reward and the Law Amending and Supplementing Certain Provisions of the Law organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.on competition and reward (Decree No. 39/2012/NĐ-CP dated April 27, 2012 of the Government);

Pursuant to Decree No. 65/2014/NĐ-CP dated July 1, 2014 of the Government detailing the implementation of the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward 2013;

Pursuant to Decision No. 13/2010/QĐ-TTg dated February 12, 2010 of the Prime Minister specifying the list of state secrets classified as Top Secret and Confidential in the People's Police force (Decision No. 13/2010/QĐ-TTg dated February 12, 2010 of the Prime Minister);

At the proposal of the Director of the Political General Department of the People's Police,

The Minister of Public Security promulgates this Circular on awarding and recognizing merit with state secrecy content in the People's Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the awarding and recognizing merit with state secrecy content classified as Top Secret, Confidential, and Secret (hereinafter referred to as merit with state secrecy content) in the People's Police.

2. Merit with state secrecy content in the People's Police refers to achievements in police work within the scope of state secrets according to Decision No. 13/2010/QĐ-TTg dated February 12, 2010 of the Prime Minister and Circular No. 11/2010/TT-BCA dated March 25, 2010 of the Minister of Public Security specifying the list of state secrets classified as Secret in the People's Police force. 1. Organizations and individuals within the People's Police force and individuals outside the People's Police force who have achieved merit with state secrecy content in the People's Police;

Article 2. Applicability

This Circular applies to:

2. Organizations and individuals related to the proposal, examination, review, submission, decision-making for awarding and handling files for awarding merit with state secrecy content in the People's Police.

1. Ensuring principles of awarding as prescribed by the Law on Competition and Reward; the Law Amending and Supplementing Certain Provisions of the Law on Competition and Reward and guiding documents;

Điều 3. Nguyên tắc khen thưởng

2. Only organizations and individuals awarded and related to the awarding of merit with state secrecy content in the People's Police as stipulated in this Circular shall be allowed to disseminate information, documents, and files for awarding;

3. Awarding merit with state secrecy content in the People's Police must absolutely not affect the operations of the police sector and the interests of the awardees.

1. Disclosing, losing, appropriating, buying, selling, exchanging, or illegally collecting, storing, or destroying documents and files for awarding merit with state secrecy content.

Article 4. Prohibited Acts

2. Misusing merit with state secrecy content to commit acts violating the law, infringing upon the legitimate rights and interests of agencies, organizations, or individuals, or obstructing the normal activities of state agencies, organizations, or individuals.

3. Connecting computers and similar devices (USB drives, hard disks, memory cards, flash drives...) storing information on awarding merit with state secrecy content to the Internet and other networks capable of leaking information.

4. Using wireless microphones, mobile phones, recording devices, or signal transmission equipment during meetings to discuss awarding merit with state secrecy content in any form, except when authorized by competent authorities.

5. Exchanging information on awarding merit with state secrecy content through walkie-talkies, mobile phones, long-distance telephones, fax machines, on the Internet under any service type; using email to store and transmit information on awarding merit with state secrecy content.

6. Providing information, files, and documents on awarding merit with state secrecy content to domestic and foreign organizations or individuals without authorization from competent authorities or publishing them in newspapers, publicly released publications, websites, blogs, social media pages, forums, and similar online platforms.

6. Providing information, files, and documents related to achievements with state secrets content to domestic and foreign organizations and individuals without authorization from competent authorities, or publishing them in newspapers, publicly released publications, on websites, blogs, social media pages, forums, and similar online platforms.

Chapter II

SPECIFIC PROVISIONS

Article 5. Responsibilities of the Object Receiving Awards

Collectives and individuals receiving awards for achievements containing state secrets in the People's Public Security must comply with legal regulations on protecting state secrets during the award recommendation process and after being honored and awarded; if violated, they will be handled according to the law depending on the nature and degree of violation.

Article 6. Responsibilities of the Agencies Conducting Commendation and Award Work at All Levels

1. Statistics, store, and preserve information, documents, and files of awards for achievements containing state secrets in the form of tapes, discs, memory cards, USBs, hard drives; seal, store, and stamp the level of secrecy (Top Secret, Confidential, Secret) on the outside of the envelope containing the documents and files of awards for achievements containing state secrets when stored in the form of tapes, discs, memory cards, USBs, hard drives; store them in specialized files, subjects, fields determined and stamp the level of secrecy (Top Secret, Confidential, Secret) on the outside of the file envelope, accompanied by a detailed statistical report.

2. Construct secure storage places for documents and files of awards for achievements containing state secrets, fully equip fire prevention, explosion prevention, intrusion prevention, theft prevention facilities; use properly, and strictly protect the documents and files of awards for achievements containing state secrets in safes, cabinets, iron boxes with safety locks.

3. Ensure that computers storing information on awards for achievements containing state secrets are kept in rooms with secure locks, have internal rules posted clearly guiding specific usage and exploitation for individuals responsible for implementing awards for achievements containing state secrets.

4. Implement printing, copying, photographing, and transferring electronic data and documents, files of awards for achievements containing state secrets according to the Law on Official Secrets and guiding documents; printing, copying, photographing must be carried out within authorized limits and clearly indicate the name of the person printing, copying, photographing on the sealed envelope.

5. Strictly implement management and inspection systems for equipment and documents, files before and after handing over to staff for use; in case of loss of storage equipment or documents, files of awards for achievements containing state secrets, immediately report to the competent authority leader and take immediate measures to investigate and limit the consequences caused.

Article 7. Responsibilities of the Commendation and Award Councils at All Levels

1. Comply with legal regulations on protecting state secrets during the review process for awards for achievements containing state secrets.

2. Decide on stamping the level of secrecy (Top Secret, Confidential, Secret) and circulation scope of documents, files of awards for achievements containing state secrets.

3. Decide on declassification, downgrading, upgrading the level of secrecy of files of awards for achievements containing state secrets according to Circular No. 33/2015/TT-BCA dated July 20, 2015, guiding the implementation of certain provisions of Decree No. 33/2002/NĐ-CP dated March 28, 2002, detailing the implementation of the Ordinance on Protecting State Secrets.

4. Assign functional units to periodically or unexpectedly inspect commendation work for achievements containing state secrets within their jurisdiction.

5. Commit not to disclose information on awards for achievements containing state secrets when retiring, switching to other work, or traveling abroad; in case of leaking information or losing documents, files of awards for achievements containing state secrets, they will be handled according to the law.

6. The Chairman of the Commendation and Award Councils at all levels decides the number of participants in meetings and reviews based on the level of secrecy of the achievements containing state secrets proposed for awards.

Article 8. Responsibilities of authorized leaders in presenting, examining, and approving commendation files

1. Assigning staff to propose, examine, and hand over and receive commendation files containing state secrets.

2. Regularly inspecting and directing the statistics, storage, and preservation of commendation files containing state secrets according to chronological procedures.

3. Being responsible for providing information and materials related to commendation files containing state secrets.

4. Establishing a Committee for destroying documents and files of commendation achievements containing state secrets in accordance with laws on protecting state secrets.

5. Commit not to disclose information on awards for achievements containing state secrets when retiring, switching to other work, or traveling abroad; in case of leaking information or losing documents, files of awards for achievements containing state secrets, they will be handled according to the law.

Article 9. Responsibilities of individuals assigned tasks directly proposing and examining commendation files

1. When proposing and examining commendation files, affix the degree of secrecy mark (Top Secret, Confidential, Secret) as decided by the competent authority.

2. During the process of printing, copying, photographing documents and files of commendation achievements containing state secrets, page numbers, copy numbers, print quantity, scope of action, recipient locations, printer names, copier names, photographer names must be marked; in necessary cases, a recall stamp may be affixed. 3. When using management and storage devices for information on commendation achievements containing state secrets (desktop computers, laptops, memory cards, USB drives, hard disks), security measures for the device and stored information must be implemented and registered with the directly managing agency or unit. When taking management and storage devices for information on commendation achievements containing state secrets out of the office premises, a report must be made to the Unit Head regarding the purpose, time, and location of use.

4. Destroy documents and files of commendation achievements containing state secrets if it is deemed that immediate destruction will not cause serious consequences to national security, defense, or other interests of the State, but must report in writing to the directly responsible Unit Head and the authorized leadership immediately thereafter. In cases where the destruction of documents and files of commendation achievements containing state secrets is not justified, depending on the nature and severity of the incident, the person who arbitrarily destroys such documents and files shall bear responsibility in accordance with the law.

Article 10. Responsibilities of staff handing over and receiving commendation files

5. Commit not to disclose information on awards for achievements containing state secrets when retiring, switching to other work, or traveling abroad; in case of leaking information or losing documents, files of awards for achievements containing state secrets, they will be handled according to the law.

1. Upon receipt of commendation files containing state secrets, record them in the "Register of Secret Documents Received" for tracking and only hand them over to directly relevant persons (authorized unit leaders, staff directly proposing and examining). If the envelope containing the commendation file has a "Only named person can open" stamp, immediately transfer it to the named person. If the named person is absent and the envelope bears an "Urgent" stamp, immediately transfer it to the Unit Head for handling; the handover and receiving staff must not open the envelope.

2. If upon receipt of commendation files containing state secrets, it is found that the confidentiality regulations have not been followed, immediately transfer them to the responsible person for resolution and simultaneously inform the sender. If the envelope containing the document or file of commendation achievements containing state secrets is found to be opened or tampered with, lost, or damaged, immediately report to the Unit Head for prompt action.

3. Establish a management ledger for handing over and receiving commendation files containing state secrets according to the model prescribed in Circular No. 07/2012/TT-BNV dated November 22, 2012, issued by the Minister of Home Affairs guiding the management of documents, establishment of files, and submission of documents and materials for archival purposes.

3. Establishing a record for managing, transferring, and receiving files related to achievements with state secrets content according to the model specified in Circular No. 07/2012/TT-BNV dated November 22, 2012, issued by the Minister of Home Affairs guiding the management of documents, file establishment, and submission of documents and materials for archival purposes.

Article 11. Procedures for Commending and Awarding

1. Heads of units and localities under the Public Security (General Directors, Commanders, heads of units under the Ministry, Directors of Public Security, Directors of Fire Prevention and Control in provinces and centrally governed cities) shall report directly to the Minister or Deputy Minister in charge in writing to request approval for commendation and award proposals. After receiving agreement from the Minister or Deputy Minister in charge, the Heads of units and localities under the Public Security shall directly report to the Standing Committee of the Ministry's Competition and Commendation Council (Political Bureau of the People's Public Security) to establish the commendation proposal file according to regulations.

a) In cases where the form of commendation and award is at the Ministry level, after receiving agreement from the leadership of the Ministry, the Standing Committee of the Ministry's Competition and Commendation Council shall complete the commendation file for review, signature, and issuance of the commendation decision by the leadership of the Ministry.

b) In cases where the form of commendation and award is at the state level (from Merit Certificate to the Prime Minister and above), the Standing Committee of the Ministry's Competition and Commendation Council shall complete the file for review, signature, and submission to the Prime Minister (through the Central Competition and Commendation Board). The Prime Minister or higher-ranking officials, the Standing Committee of the Department of Competition and Rewards of the Ministry shall complete the file for review and signature by the Ministry's leadership, then submit it to the Prime Minister (through the Central Department of Competition and Rewards).

2. The Heads of units and localities under the Public Security are responsible for coordinating with the Standing Committee of the Ministry's Competition and Commendation Council to report directly to the competent authority for examination and approval of commendation when required, and must be accountable to the Competition and Commendation Councils at all levels regarding the content of achievements proposed for commendation.

3. In cases where commendation is proposed for individuals outside the People's Public Security force who use pseudonyms or code numbers, after the individual has completed their tasks and there is no longer a need to ensure confidentiality, the Heads of units and localities under the Public Security shall report to the Ministry's Competition and Commendation Council to adjust the name, age, and biography according to the original file.

Article 12. Files for Proposing Commendation and Awards

1. The files for proposing commendation and awards for achievements with state secrets for collectives and individuals within the People's Public Security force include:

a) Memorandum;

b) Minutes of the Competition and Commendation Council at the reporting level;

c) Summary of achievements of the collective and individual proposed for commendation (prepared by the Standing Committee of the Competition and Commendation Council at the reporting level).

2. The files for proposing commendation and awards for achievements with state secrets for individuals outside the People's Public Security force (using pseudonyms or code numbers) include:

a) Report (the report briefly outlines the individual's achievements proposed for commendation; the individual proposed for commendation is exempted from reporting achievements);

b) Minutes of the Competition and Commendation Council at the reporting level.

3. Depending on the form of commendation and award, the number of files for proposing commendation and awards shall be established according to the provisions of Decree No. 39/2012/NĐ-CP dated April 27, 2012 of the Government.

Article 13. Organization of Presentation and Commendation

The organization of presentation and commendation for achievements with state secrets must be reported to the competent authority for consideration and decision, ensuring confidentiality requirements and being consistent with the provisions of Decree No. 145/2013/NĐ-CP dated October 29, 2013 of the Government on organizing commemorative days; ceremonial procedures for presenting and receiving forms of commendation and competition titles; diplomatic ceremonies and welcoming foreign guests.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from December 1, 2015.

Article 15. Responsibility for Implementation

1. The Heads of units and localities under the Public Security are responsible for strictly implementing this Circular.

2. The Political Bureau of the People's Public Security is responsible for inspecting and urging the implementation of this Circular. During the implementation process, if there are difficulties or obstacles, units and localities under the Public Security, organizations, and individuals concerned should reflect to the Ministry of Public Security (through the Political Bureau of the People's Public Security) for timely guidance.