Decision No. 53/2004/QD-BNN on the issuance of the Regulation on protecting state secrets in the field of agriculture and rural development.

DECISION

Regarding the issuance of the Regulation on protecting state secrets in the field of agriculture and rural development

field of agriculture and rural development

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Ordinance on Protection of State Secrets dated December 28, 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; Circular No. 12/2002/TT-BCA (A11) dated September 13, 2002 of the Ministry of Public Security;

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 22/2004/QĐ-TTg dated February 25, 2004 of the Prime Minister regarding the list of state secrets classified as Top Secret and Confidential in the field of agriculture and rural development;

Pursuant to Decision No. 174/2004/QĐ-BCA (A11) dated February 25, 2004 of the Minister of Public Security regarding the list of state secrets classified as Secret in the field of agriculture and rural development;

Based on the proposal of the Director of the Personnel Department, the Director of the Science and Technology Department,

DECISION:

Article 1. Issued herewith is the Regulation on protecting state secrets in the field of agriculture and rural development, consisting of four chapters and twenty-five articles.

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

All previous regulations on protecting state secrets in the field of agriculture and rural development that conflict with this Decision are hereby abolished.

Article 3. The Heads of the Office, Directors of the Personnel Departments, Heads of units under the Ministry, Directors of Provincial Departments of Agriculture and Rural Development directly under the Central Government shall be responsible for implementing this Decision.

 

 

REGULATIONS

PROTECTION OF STATE SECRETS IN THE FIELD OF AGRICULTURE AND RURAL DEVELOPMENT
(Issued together with Decision No. 53/2004/QĐ-BNN dated October 21, 2004 of the Minister of Agriculture and Rural Development)

PART I
GENERAL PROVISIONS

Article 1:

Article 1. This Regulation stipulates the protection of state secrets in the field of agriculture and rural development.

Article 2. State secrets in the field of agriculture and rural development include information specified in Decision No. 22/2004/QĐ-TTg dated February 25, 2004 of the Prime Minister regarding the list of state secrets classified as Top Secret, Confidential, and Secret in the field of agriculture and rural development, and Decision No. 174/2004/QĐ-BCA(A11) dated February 26, 2004 of the Minister of Public Security regarding the list of state secrets classified as Secret in the field of agriculture and rural development.

Article 2:

Chapter 1. This Regulation applies to agencies, units, organizations, individuals, and all citizens involved in work related to state secrets in the field of agriculture and rural development.

Article 2. In addition to complying with the provisions of this Regulation, agencies, organizations, units, and individuals must strictly adhere to the following provisions:

a. The Ordinance on Protecting State Secrets dated December 28, 2000.

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

c. Circular No. 12/2002/TT-BCA (A11) dated September 13, 2002 of the Ministry of Public Security guiding the implementation of Decree No. 33/2002/NĐ-CP dated March 28, 2002 of the Government detailing the implementation of the Ordinance on Protecting State Secrets.

Article 3:

Article 1. Staff and civil servants engaged in work directly related to state secrets in the field of agriculture and rural development must have good qualities, a sense of responsibility, organizational discipline, awareness of vigilance in safeguarding state secrets; possess professional expertise and the ability to complete assigned tasks, and must commit in writing to protect state secrets. The written commitment must be submitted to the security department of the agency or organization.

Article 2. Individuals entrusted with work related to state secrets in any form must strictly comply with the provisions of this Regulation and relevant laws.

Article 4:

Strictly prohibited are all acts of collecting, disclosing, losing, appropriating, buying, selling, destroying illegally state secrets, and other acts violating the regulations on maintaining and protecting state secrets in the field of agriculture and rural development.

Chapter II
SPECIFIC PROVISIONS

Section 1:
PROTECTION OF STATE SECRETS IN THE WORK OF DRAFTING, COPYING, PRINTING DOCUMENTS CONTAINING STATE SECRETS IN THE FIELD OF AGRICULTURE AND RURAL DEVELOPMENT

Article 5:

When drafting, typing, printing documents; copying files, documents related to state secrets in the field of agriculture and rural development, the following rules must be followed:

Article 1. Drafting, typing, printing, copying documents, files, materials containing state secrets must be conducted in a secure location as determined by the head of the agency or unit directly managing secret documents. In special cases, when required, it must be done on equipment systems that have been inspected and meet the conditions for security and confidentiality. Computers connected to the Internet may not be used to type, print, or copy secret documents.

Article 2. When drafting documents containing state secrets, the drafter must propose to the direct supervisor the level of secrecy for each document; the person approving and signing the document is responsible for deciding to stamp the level of secrecy and the circulation scope of the document containing state secrets. For objects carrying state secrets such as audio tapes, video discs, films, photographs, there must be a written note clearly stating the name of the object and stamped with the appropriate level of secrecy.

Determining and stamping the level of secrecy on documents must be based on the list of state secrets classified as Top Secret, Confidential, and Secret in the field of agriculture and rural development as prescribed by the Prime Minister in Decision No. 22/2004/QĐ-TTg dated February 25, 2004, the Minister of Public Security in Decision No. 174/2004/QĐ-BCA(A11) dated February 26, 2004, and Articles 5, 6, and 7 of the Ordinance on Protecting State Secrets dated December 28, 2000.

The appropriate level of secrecy stamp must be placed on the top left corner of the first page of the document or material.

Article 3. When organizing to seek opinions to draft documents, the main drafting agency must clearly define the scope and targets (agencies, organizations, individuals related) for soliciting opinions or seeking advice, and must stamp the necessary level of secrecy on the draft before sending it out for opinions. Agencies, units, and individuals receiving the draft must manage and use it according to the level of secrecy indicated on the draft.

4. The person responsible for printing or copying documents or objects containing state secrets shall only print or copy the exact number of copies approved by the head of the agency or unit or the authorized person, and must absolutely not type or print extra copies. After typing, printing, or copying is completed, they must check again, immediately destroy any excess copies, and those typed, printed, or copied incorrectly.

5. Upon completion of typing, printing, copying, or photographing classified documents, they must affix the classification level stamp, recall stamp (if necessary); number the pages, copies, quantity printed, circulation range, recipient, name of the typist, printer, proofreader, copier, or photographer. For classified documents copied or photographed on tapes or discs, they must be sealed and stamped with the classification level, clearly stating the name of the copier or photographer on the seal.

6. Documents and materials classified as "Top Secret" or "Highly Confidential," if there is a request to copy or convert to another form of information, must be agreed upon in writing by the head of the agency or unit that issued the original document, and the permitted quantity for copying or conversion must be clearly stated.

Article 6:

Regulations on the model of confidentiality stamps.

The models of confidentiality stamps for levels "Confidential," "Highly Confidential," and the stamp for "Recalled Documents" are specified as follows:

a. Model of the "Confidential" stamp: Rectangular shape, size 20 mm x 8 mm, with a border around it, inside which is the word "CONFIDENTIAL" in bold uppercase letters, evenly spaced from the border by 2 mm.

b. Model of the "Highly Confidential" stamp: Rectangular shape, size 30 mm x 8 mm, with a border around it, inside which is the phrase "HIGHLY CONFIDENTIAL" in bold uppercase letters, evenly spaced from the border by 2 mm.

c. Model of the "Top Secret" stamp: Rectangular shape, size 40 mm x 8 mm, with a border around it, inside which is the phrase "TOP SECRET" in bold uppercase letters, evenly spaced from the border by 2 mm.

d. Model of the "Recall Document" stamp: Rectangular shape, size 80 mm x 15 mm, with a border around it, inside which are two rows of text, the top row being the phrase "RECALLED DOCUMENTS" in bold uppercase letters, the bottom row starting with the word "TIME LIMIT" in regular font followed by dots to the end, each row evenly spaced from the border by 2 mm.

e. Model of the "Only Named Person May Open" stamp: Rectangular shape, size 100 mm x 10 mm, with a border around it, inside which is the phrase "ONLY NAMED PERSON MAY OPEN" in regular bold font, evenly spaced from the border by 2 mm.

Section 2:
PROTECTION OF SECRECY IN THE TRANSPORTATION, HANDOVER, AND STORAGE OF DOCUMENTS AND OBJECTS CONTAINING STATE SECRETS IN THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR

Article 7:

Handover of documents and objects containing state secrets.

1. When handing over documents and objects containing state secrets.

All handovers of documents and objects containing state secrets (hereinafter referred to collectively as classified documents) between various stages (individual drafters, typists, printers, clerks, couriers, persons responsible for handling, storage keepers) must be recorded in a logbook with signatures from both parties involved in the handover. The handover of classified documents must be conducted directly at the workplace according to the regulations set by the head of the agency or unit holding the classified documents, ensuring absolute security.

2. The sending of classified documents must be carried out according to the following rules:

a. Logging: Classified documents before being sent must be logged in the "Outgoing Classified Documents Log." All columns and items must be filled in completely: serial number, date, place of receipt, summary of content, classification level, urgency level, recipient (sign and write full name).

b. Issuing a dispatch slip: Dispatched classified documents must be accompanied by a dispatch slip and placed together in an envelope with the document. The dispatch slip must clearly indicate the sender, dispatch number, recipient, identification number of each dispatched document, and affix the classification and urgency level stamps in the upper right corner of the slip.

Upon receiving confidential documents, the recipient location must immediately return the dispatch slip to the sender.

c. Enveloping: Dispatched classified documents must not be sent in the same envelope as ordinary documents. The envelope paper must be durable, difficult to tear, water-resistant, and opaque. Fold the envelope diagonally, and ensure the adhesive is strong and difficult to peel off.

The procedure for affixing classification level symbols on the outside of envelopes is as follows:

- Affix stamps with appropriate classification level symbols on the outside of the envelope. Do not write or stamp the words "Confidential," "Highly Confidential," or "Top Secret" on the outside of the envelope. The rule for numbering symbols on the outside of the envelope is as follows:

+ For documents classified as "Confidential," affix the letter "C" (the stamp of the letter "C" in bold uppercase letters within a circular border with a diameter of 1.5 cm).

+ For documents classified as "Highly Confidential," affix the letter "B" (the stamp of the letter "B" in bold uppercase letters within a circular border with a diameter of 1.5 cm).

- For documents classified as "Top Secret": Such documents must be sent in two envelopes:

+ Inner envelope: Clearly mark the number and identification of the document, the recipient's name, and affix the classification level stamp of the document. If the document is "Top Secret" and needs to be sent directly to the person responsible for handling, affix the "Only Named Person May Open" stamp.

+ Outer envelope: Mark like an ordinary document and affix the letter "A" (the stamp of the letter "A" in bold uppercase letters within a circular border with a diameter of 1.5 cm).

3. Receipt of Incoming Confidential Documents:

a. All types of classified documents received from any source must go through the clerk, who will log them in the "Incoming Classified Documents Log" for tracking and transferring to the person responsible for handling.

b. In cases where the inner envelope has a "Only Named Person May Open" stamp, the clerk logs it according to the number marked on the outer envelope and immediately transfers it to the named recipient. If the named recipient is absent, transfer it immediately to the person responsible for handling; the clerk must not open the envelope.

c. In cases where the classified documents or objects sent have not followed the proper confidentiality procedures, they must be transferred to the person responsible for handling, and simultaneously notify the sender to learn from the experience. If classified documents or objects sent are found to have been opened, exposed, tampered with, lost, damaged, or destroyed, the recipient must immediately report to the head of the agency or unit to take timely measures.

4. Retrieval of Confidential Documents:

For classified documents with a "Recall" stamp, the clerk must monitor, retrieve, or return them to the sender within the specified period. Both when receiving and returning, they must check, reconcile, and track in the records to ensure the documents are not lost.

Article 8:

Transportation, storage, and preservation of classified documents:

1. During transportation and handover, classified documents must ensure absolute safety according to the following regulations:

a. The transportation and delivery of classified documents within the country shall be carried out by personnel engaged in confidentiality work or dedicated liaison officers of the agency or organization. If transportation and delivery are conducted via postal services, they must comply with specific regulations of the Posts and Telecommunications sector.

b. The transportation and delivery of classified documents between domestic agencies and organizations and those of the Vietnamese State abroad shall be performed by diplomatic courier forces.

c. When transporting classified documents, there must be sufficient means to secure iron safes, locked briefcases, and protective personnel to ensure safety during transportation. During transportation, such documents may not be parked, stopped, or left at any location that does not guarantee safety. In all cases, responsible individuals must carefully supervise and ensure absolute security for the classified documents.

2. Storage and preservation of classified documents:

a. Classified documents must be strictly stored and preserved. Documents marked "Top Secret" and "Secret" must be kept separately in locations equipped with adequate protective and preservation facilities to ensure safety. The storage places for various types of classified documents shall be determined by the head of the agency or unit possessing such documents.

b. The sending and receiving places for classified documents must regularly conduct inspections and verifications to detect and promptly address any errors or losses.

Section 3:
PROTECTION OF STATE SECRETS IN THE IMPLEMENTATION OF CLASSIFIED DOCUMENTS IN THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR

Article 9:

When implementing classified documents in the agriculture and rural development sector, the head of the agency or unit possessing such documents must inform the individual or department directly responsible for implementation about the level of classification. The person assigned to implement the classified documents must not disclose the contents of the classified documents to unauthorized persons.

Article 10:

1. When processing classified documents, the person assigned the classified documents may not take them home without authorization. If urgent processing is required, it must be reported to the head of the agency or unit for consideration and decision, and procedures for working outside regular hours must be followed according to the agency's regulations.

2. In cases where staff must carry classified documents outside the workplace, such as to their private residence, on business trips, or to meetings, approval from the head of the agency or unit is required, and secure means of storage and transportation must be ensured. If classified documents are lost or damaged, immediate reports must be made to the unit head and competent authority for recovery. Depending on the nature, severity, and consequences of the damage or loss of classified documents, legal action will be taken accordingly.

3. After completing the task, classified documents must be handed over to the management department, and the handover must be documented in detail with each party retaining a copy.

Section 4:
DESTRUCTION OF CLASSIFIED DOCUMENTS AND OBJECTS CARRYING STATE SECRETS IN THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR

Article 11:

Authority to decide on destruction:

1. Destruction of classified documents and objects carrying state secrets at all levels of confidentiality in the agriculture and rural development sector (Top Secret, Secret, and Confidential).

a. At central agencies and units, the decision is made by the Deputy Director-General or Director of the Department/Council (or equivalent).

b. At provincial and centrally-administered city agencies and units, the decision is made by the Director of the Department of Agriculture and Rural Development (or equivalent).

2. For cryptographic materials, the provisions of the Government Cryptographic Office shall apply.

Article 12:

Organization of destruction of classified documents and objects carrying state secrets must be carried out according to the following regulations:

1. Establish a Destruction Committee consisting of:

a. The head of the agency or unit possessing the classified documents to be destroyed as Chair;

b. Representatives of related units appointed by the Chair, such as the Office, Cadre Management Unit, and direct managers of the classified documents to be destroyed.

2. During the destruction process, the Committee has the responsibility to:

a. Prepare a detailed inventory listing each classified document and object carrying state secrets in the agriculture and rural development sector to be destroyed, including the document number, number of copies, and summary of the document. The content of the record must reflect the method, procedure, and person executing the destruction of the documents and objects in accordance with legal regulations. The record must bear the signatures of all participating members.

b. Not disclose or leak classified documents.

c. For classified documents printed on paper, they must be burned, torn, or ground to a size that cannot be reassembled.

d. For classified objects carrying state secrets, such as audio and video tapes, films, and photographs, they must be altered completely in form and function so that they cannot be exploited or used.

Article 13:

In special circumstances where conditions do not allow for organized destruction of classified documents and objects carrying state secrets as prescribed above, if failure to immediately destroy these documents and objects would cause serious consequences for national security, defense, or other state interests, the person managing the classified documents and objects carrying state secrets may destroy them themselves but must report in writing to the head of the agency or organization and the local police authority immediately thereafter. If self-destruction of classified documents and objects carrying state secrets lacks legitimate justification, the person performing the destruction shall be held accountable under the law.

Section 5:
PROTECTION OF SECRECY IN THE SUPPLY OF INFORMATION, IN CONTACT INFORMATION AND IMPLEMENTATION OF REPORTING REGIMES

Article 14:

Supplying information within the scope of state secrets in the agricultural and rural development sector to agencies, organizations, and Vietnamese citizens:

1. Persons assigned the task of investigating and collecting information within the scope of state secrets in the agricultural and rural development sector must have their national identity card accompanied by an introduction letter and a document from the managing agency clearly stating the content, requirements for investigation and collection, and must be approved by the competent authority of the agency or unit holding the documents.

2. Agencies and units holding state secrets within the management of agriculture and rural development when supplying information to agencies, organizations, and Vietnamese citizens must be approved by the competent authority according to the following regulations:

a. State secrets classified as "Top Secret" and "Highly Confidential" shall be approved by the Minister of Agriculture and Rural Development and the Chairman of the People's Committee of the province.

b. State secrets classified as "Confidential" shall be approved by the Director of the Department or the Director of the General Department (or equivalent) at the central level and the Director of the Department of Agriculture and Rural Development (or equivalent) at the local level where the secret document was issued.

3. Agencies, units, and individuals implementing the supply must provide only the content that has been approved. The recipient of the information may not disclose the information and may not provide the received information to a third party. The content of the meeting on providing information must be detailed in a record to report to the person who approved the provision of information and returned to the security department of the agency or unit.

Article 15:

Supplying information within the scope of state secrets in the agricultural and rural development sector to foreign organizations and individuals.

1. Units and individuals in the agricultural and rural development sector when interacting with foreign agencies, organizations, and foreign individuals (both in Vietnam and abroad) may not disclose state secrets generally and state secrets within the agricultural and rural development sector specifically.

2. When implementing international cooperation programs or performing official duties, if there is a requirement to provide information within the scope of state secrets to foreign organizations and individuals, they must comply with the following principles:

a. Protecting national interests.

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

- State secrets classified as "Top Secret" shall be approved by the Prime Minister.

- State secrets classified as "Highly Confidential" shall be approved by the Minister of Public Security.

- State secrets classified as "Confidential" shall be approved by the head or authorized representative of the agency or organization at the central and local levels where the secret document was issued.

3. When providing information, a record must be made, in which the recipient of the information must commit to using it for the intended purpose and may not disclose it to a third party.

Article 16:

Carrying state secrets in the agricultural and rural development sector out of the country for work or scientific research purposes.

Vietnamese citizens carrying state secrets out of the country must comply with the following provisions:

1. Must apply for permission and obtain written approval from the competent authority as stipulated in Clause 2, Article 15 of this Regulation. The application must clearly state the person carrying the state secrets, the destination, and the purpose of use. Upon departure, the approval document from the competent authority must be presented to the immigration control agency at the border checkpoint.

2. During the time abroad, measures must be taken to ensure absolute security of the carried documents and items.

3. If provided to foreign organizations and individuals, it must comply with the provisions of Article 15 of this Regulation.

Article 17:

Strictly prohibited for organizations and individuals to provide state secrets in the agricultural and rural development sector to press agencies, publishing houses, or mass media under any form.

Article 18:

Agencies and units within the agricultural and rural development sector requiring the use of specific encryption must ensure compliance with general state regulations. In cases where radio communication equipment (radio telephones) need to be installed and used, registration and management by relevant agencies under the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Posts and Telecommunications must be followed.

Strictly prohibited for agencies, organizations, and individuals to independently research, produce, and use encryption for activities that infringe upon national security.

Article 19:

Reporting regime on the protection of state secrets in the agricultural and rural development sector.

1. Agencies and units directly subordinate to the Ministry working with state secrets in the agricultural and rural development sector must implement the reporting regime as follows:

a. Immediate reports: incidents of leakage or loss of state secrets, acts such as notification, transfer, or disclosure of state secrets in any form to unauthorized persons or foreign individuals not in accordance with regulations. The content of the report must be complete and specific.

b. Regular reports include:

- Annual interim reports.

- Five-year summary reports.

2. Regarding the above types of reports, they should be sent to:

a. The Ministry of Agriculture and Rural Development (through the Cadre and Civil Servant Department); the Ministry of Public Security (through A17).

b. The head of the direct superior agency.

c. The People's Committee of provinces and centrally-administered cities, the public security agency of the province where the agency or unit is located.

3. The Cadre and Civil Servant Department assists the Minister:

- Guiding and inspecting the implementation of this Regulation.

- Summarizing the protection of state secrets in the agricultural and rural development sector, reporting to the Prime Minister and the Minister of Public Security as prescribed.

Chapter III
REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 20:

Collectives and individuals with one of the following achievements will be considered for rewards according to the general state system:

1. Excellently completing the task of protecting state secrets according to the assigned responsibilities.

2. Overcoming difficulties and dangers to protect state secrets.

3. Preventing and mitigating the consequences and harm caused by the leakage or loss of state secrets due to others.

4. Timely detecting and reporting acts of probing, stealing, buying, selling, or illegally destroying state secrets.

5. Achieving outstanding results related to the protection of state secrets in the agricultural and rural development sector.

Article 21:

Any individual violating the state secrets protection regime stipulated in this Regulation and other legal documents on state secrets protection, thereby affecting the performance of political tasks in agriculture and rural development or harming national security, defense, economic, cultural, and social development, shall be subject to administrative disciplinary action or criminal liability pursuit according to current regulations. If damage to property occurs, compensation must be provided in accordance with the law.

Chapter IV
IMPLEMENTATION

Article 22:

1. Within their assigned functions, tasks, and authorities, agencies, organizations, units, and individuals related to state secrets in the field of agriculture and rural development shall be responsible for strictly implementing the provisions set forth in this Regulation.

2. At the beginning of each year, the heads of agencies and units related to state secrets in the field of agriculture and rural development shall be responsible for reviewing and proposing amendments and supplements to the list of secrets, changing the level of secrecy, and decrypting the State Secrets List classified as "Top Secret," "Highly Confidential," and "Confidential" within the field of agriculture and rural development, and submitting these proposals to the Ministry of Agriculture and Rural Development (through the Personnel Department) for consolidation, supplementation, and change of state secret lists to be submitted to the Minister of Agriculture and Rural Development for decision by the competent authority.

Article 23:

In addition to the state secrets protection regulations for the field of agriculture and rural development stipulated in this Regulation, the heads of subordinate agencies and units under the Ministry must also implement provisions regarding: disseminating and studying information within the scope of state secrets, statistics, storage, preservation of state secret documents and objects; registering inventions, patents, and useful solutions containing state secret content; managing areas and locations within the scope of state secrets; protecting restricted areas, places of storage, and places conducting activities with state secret content; protecting national cryptographic secrets; protecting state secrets when transmitted via communication means; protecting state secrets in publishing, journalism, and other mass media activities; constructing physical and technical facilities to serve state secrets protection work; inspecting and supervising state secrets protection work... as detailed in Decree No. 33/2002/NĐ-CP dated March 28, 2002, of the Government detailing the implementation of the Ordinance on Protection of State Secrets, and Circular No. 12/2002/TT-BCA (A11) dated September 13, 2002, of the Ministry of Public Security.

Article 24:

Based on the nature, characteristics, content, and volume of work, the heads of agencies and units related to state secrets in the field of agriculture and rural development shall be responsible for assigning staff to perform state secrets protection work in accordance with current legal regulations on state secrets protection in this Regulation and other relevant legal documents.

Article 25:

The heads of agencies and units related to state secrets in the field of agriculture and rural development shall be responsible for organizing inspections (regular or spot checks) of state secrets protection work within their management scope according to their assigned authorities, promptly identifying and rectifying deficiencies and loopholes, and reporting to their direct superiors for timely measures to address issues./.