Circular No. 73/2009/TT-BCA stipulates the List of State Secrets of Confidential Level in the Agriculture and Rural Development Sector

CIRCULAR

Specifies the list of state secrets of the Ministry of Agriculture and Rural Development at the Confidential level

____________________________________

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

Pursuant to 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;

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;

After reaching consensus with the Minister of Agriculture and Rural Development, the Minister of Public Security shall specify the List of State Secrets of the Ministry of Agriculture and Rural Development at the Confidential level as follows:

Article 1. List of State Secrets of the Ministry of Agriculture and Rural Development at the Confidential level

The List of State Secrets of the Ministry of Agriculture and Rural Development at the Confidential level includes information within the following scope:

1. Absolute data on basic surveys in the field of Agriculture and Rural Development that have not been published.

2. List of agricultural plant, animal, and forest microorganism genes prohibited from international exchange, restricted in international exchange, and allowed for international exchange only under special circumstances as prescribed by the Minister of Agriculture and Rural Development.

3. List of genetic resources, fish breeds, crop seeds, livestock breeds, and agricultural and forestry microorganisms transferred to Vietnam by foreign organizations or collected by Vietnamese organizations through other sources, which have not been published.

4. Research-stage technological processes, initial materials for breeding animal, plant, and microorganism varieties, inventions, and utility models protected by exclusive rights granted by the state.

5. Information and data on harmful organisms and microorganisms affecting plant and animal resources, products, and environments in epidemic areas, which have not been published (in cases where international treaties to which Vietnam is a party provide otherwise, such provisions shall apply); chemicals and protective formulations for agriculture, forestry, and aquaculture, and their environmental impact during the research phase, which have not been published.

6. Information and data on dam reservoir accidents, dike incidents, floods, typhoons related to national defense and key economic and social sectors of the industry, data on losses of forest resources, which have not been published.

7. Development plans, investment construction plans for the industry, strategic policies under study and review phases, and implementation solutions to achieve industry development goals, which have not been published.

8. Plans for establishing delegations, negotiation strategies, regulations, and procedures for implementing the Mekong River International Agreement; studies proposing measures to mitigate adverse impacts from upstream Mekong River, negotiations on fisheries cooperation between Vietnam and countries in the region (excluding information and documents classified as "Top Secret" and "Highest Secret" in the List of State Secrets of the Ministry of Agriculture and Rural Development).

9. Tender documents according to tender invitations and documents during the evaluation process of construction projects managed by the Ministry of Agriculture and Rural Development, which have not been published.

10. Documents on organizational and cadre work-related meetings of the Ministry's leadership or Cadre Affairs Committees; lists of cadres in planning, and leadership cadre files at the departmental level and above of the Ministry, which have not been published.

11. Establishment and specialized accounting data currently being processed and compiled, which have not been published.

12. Inspection and audit documents; inspection and audit conclusions; results of complaints and petitions resolution, which have not been published.

13. Recruitment examination questions and accompanying answers for the industry, which have not been published.

14. Technical network design documents and information systems, security, and safety regulations for internal computer networks of the industry.

15. Reports and other documents using information and data included in the List of State Secrets of the Ministry of Agriculture and Rural Development at the Confidential level from other agencies and organizations.

Article 2. Effectiveness

This Circular takes effect 45 days from the date of signature and replaces Decisions No. 174/2004/QĐ-BCA(A11) dated February 26, 2004, of the Minister of Public Security on the List of State Secrets at the Confidential Level in the Agricultural Sector, and Decision No. 418/2003/QĐ-BCA(A11) dated July 3, 2003, of the Minister of Public Security on the List of State Secrets at the Confidential Level in the Fisheries Sector.

Article 3. Responsibility for Implementation

1. The Ministry of Agriculture and Rural Development and the Ministry of Public Security are responsible for inspecting and guiding the implementation of this Circular.

2. Ministries, ministerial-level agencies, government agencies; agencies and organizations mentioned in Article 2 of the Law on Protection of State Secrets dated December 28, 2000, and People's Committees of provinces and centrally-administered cities are responsible for implementing this Circular./.