Circular No. 56/2013/TT-BCA stipulates the list of state secrets classified as Confidential for the Finance sector

CIRCULAR

Specifies the list of state secrets of Confidential level for the Finance sector

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

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

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

After reaching consensus with the Minister of Finance, the Minister of Public Security shall issue a Circular to specify the list of state secrets and their Confidential level for the Finance sector as follows:

Article 1. The list of state secrets of Confidential level for the Finance sector includes information, documents, and data within the following scope:

1. Documents and data on foreign aid provided by Vietnam that have not been publicly announced.

2. Budget plans of the State being submitted to competent authorities before the National Assembly makes a decision.

3. Negotiation plans, documents related to preparation for negotiations and signing agreements between Vietnam and foreign countries concerning financial cooperation involving debt restructuring, debt purchase, export tax, import tax, financial services, customs in Free Trade Agreement (FTA) negotiations; Double Taxation Avoidance Agreements and other international treaties containing tax clauses that have not been publicly announced; information exchanged regarding taxpayers involved in tax evasion and trade fraud under Double Taxation Avoidance Agreements between Vietnam and other countries or regions, or international treaties containing tax clauses.

4. Network systems and protection plans for national reserve warehouses; central bank's precious metal and gemstone warehouses; technical standards and design documents for currency storage facilities; transportation and relocation plans for currency from the central bank system; records of precious metals and gems managed and stored by the State Treasury; gold and silver payment records.

5. Comprehensive annual figures on the quantity and value of national reserves of materials and goods.

6. Annual comprehensive plans for national reserves; comprehensive data on materials and goods entering and leaving warehouses annually.

7. Inventions, patents, useful solutions, and important professional secrets in the preservation of national reserves of materials and goods that have not been publicly announced.

8. Pricing plans for special products and goods managed by the State within the authority of the Government and Prime Minister that have not been publicly announced; reports to the Prime Minister on price control directions for important goods and services during specific periods that have not been publicly announced.

9. Documents on equipment, weapons, technical means, professional gear, and cryptographic equipment in the customs domain that have not been publicly announced or will not be publicly announced.

10. Documents on communication networks, frequencies, and communication protocols for anti-smuggling forces.

11. Case files handled by customs units that have not been publicly announced.

12. Information, documents, and plans for coordination between customs and tax authorities with relevant sectors concerning customs and tax domains that have not been publicly announced or will not be publicly announced.

13. Contents and documents related to implementing customs control measures, drug control, anti-terrorism, and training of customs dogs; data and documents related to customs control work.

14. Information and documents transferred by foreigners or international organizations to Vietnam related to combating smuggling and illegal transportation of goods across borders; combating illegal drug trafficking; procedures for training and using customs dogs; protecting intellectual property rights against counterfeit goods in the customs domain; anti-terrorism, money laundering, and other violations of customs laws as requested by the transferring party not to be publicly announced.

15. Information about whistleblowers and informants; documents and evidence provided by informants related to violations of tax, customs, and securities laws.

16. Information and documents indicating potential violations that are being collected, analyzed, and compiled as a basis for post-clearance inspection decisions.

17. Inspection and audit documents; unannounced inspection and audit conclusions.

18. Information and documents on internal review and verification of complaints and accusations within the finance sector that have not been publicly announced.

19. Information and documents on complaints sent to finance sector agencies but outside their jurisdiction and must be transferred to the appropriate authority.

20. Cadre files of the finance sector; documents on cadre planning, appointment, reappointment, dismissal, transfer, rotation, and disciplinary actions that have not been publicly announced.

21. Documents on plans to generate sources for salary reform policies that have not been publicly announced.

22. Reports on monitoring activities of fund management companies; stock investment funds, payment banks, supervisory banks, depositary banks, and representative offices that have not been publicly announced; documents on monitoring securities transactions that have not been publicly announced.

23. Comprehensive information on foreign indirect investment activities and indirect capital flow management that have not been publicly announced.

24. Information, documents, and data related to securities market management and stabilization policies that have not been publicly announced.

25. Documents related to the restructuring process of state-owned enterprises in key economic groups, corporations, securities companies, and stock exchanges that have not been publicly announced; documents related to the income and expenditure situation of the Central Enterprise Restructuring Support Fund that have not been publicly announced.

26. Announcements on interest rates for government bonds, government-guaranteed bonds, and local government bonds that have not been publicly announced.

27. Information on the finance sector's information system including:

a) Source code and detailed designs of software applications owned by the Ministry of Finance and its affiliated units.

b) Detailed documentation describing network systems and information security systems of finance sector units (including construction designs, connection diagrams, and specific technical parameters).

c) Detailed reports on vulnerabilities in the finance sector's network system, server, database, and applications running on the network system.

d) Passwords and authentication methods for accessing the finance sector's information system (excluding systems serving introduction, training, and testing purposes).

28. Reports and other documents that use information and materials classified as State Secret of Confidential level from other agencies and organizations.

Article 2. Effective Date

This Circular takes effect from December 29, 2013, and replaces Circular No. 67/2009/TT-BCA dated November 30, 2009, of the Ministry of Public Security regarding the list of State Secrets of Confidential level in the Finance sector.

Article 3. Responsibility for Implementation

1. The Ministry of Finance and the Ministry of Public Security shall be responsible for guiding and supervising the implementation of this Circular.

2. Ministries, ministerial-level agencies, government-affiliated agencies; People's Committees of provinces and centrally governed cities shall be responsible for implementing this Circular./.