Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Russian Federation on Cooperation in the field of International Information Security 2018

AGREEMENT

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE RUSSIAN FEDERATION ON COOPERATION IN THE FIELD OF INTERNATIONAL INFORMATION SECURITY

The Government of the Socialist Republic of Viet Nam and the Government of the Russian Federation, hereinafter referred to as the Parties,

Noting that considerable progress has been achieved in the development and implementation of the latest information and communication technologies that have a considerable impact on ensuring international information security,

Noting great importance of information and communication technologies in social and economic development for the benefit of the entire humanity and in maintaining international peace, security and stability in modern-day conditions,

Expressing concern over the threats linked to the possibilities of the use of information and communication technologies for purposes inconsistent with the tasks of ensuring international peace, security and stability, for the purposes of undermining sovereignty and security of States and interference in their internal affairs, violation of the citizens private life, destabilization of domestic political, social and economic situation, fomenting of interethnic and interconfessional strife,

Attaching great importance to international information security as one of the key elements of the international security system,

Supporting the development and adoption under the auspices of the UN of norms, rules and principles of responsible behavior of States in information space in order to promote equal security for all countries,

Affirming, that state sovereignty and international norms and principles, which flow from state sovereignty, apply to behavior of States within the framework of activities related to the use of information and communication technologies, and to their jurisdiction over information infrastructure within their territory, and that a State has a sovereign right to determine and implement public policy on matters related to the Internet information and telecommunication network, including ensuring security,

Convinced that further build-up of trust and interaction between the Parties in the field of the use of information and communication technologies is an urgent necessity and corresponds with their interests,

Attaching major importance to the balance between ensuring security, and respecting human rights in the field of the use of information and communication technologies,

Seeking to prevent threats to international information security, to protect the interests of information security of the States of the Parties in order to form international information environment, for which peace, security, transparency and cooperation are inherent,

Wishing to establish legal and organizational foundation for cooperation between the Parties in the field of international information security on the basis of mutual respect for independence, sovereignty, interests and territorial integrity and without intention to cause damage to the interests of any third Party,

Have agreed as follows:

Article 1

Major Threats in the Field of International Information Security

In cooperating in accordance with this Agreement, the Parties shall act on the premise that the major threats in the field of international information security are posed by the use of information and communication technologies:

1) for committing acts aimed at undermining sovereignty, security and territorial integrity of States;

2) for causing economic and other damage, including through destructive impact on elements of information infrastructure;

3) for terrorist purposes, including for terrorist propaganda and engagement in terrorist activities;

4) for committing crimes, including those connected with unauthorized access to computer information, computer networks and the Internet network;

5) for interference into the domestic affairs of States, violation of public order, incitement of interethnic, interracial and interconfessional strife, advocacy of racist and xenophobic ideas and theories that ignite hatred and discrimination and foment violence and instability and also for destabilizing domestic political, social and economic situation and disturbance to slate governance;

6) for dissemination of information harmful to socio-political and socio-economic systems, spiritual, moral, and cultural environment in the States of the Parties,

Article 2

General Principles of Cooperation

1. The Parties shall cooperate in the field of ensuring international information security within the framework of this Agreement in such a way that such cooperation promotes social and economic development and is compatible with the objectives of maintaining international peace, security, and stability and corresponds with the universally accepted principles and norms of international law, including the principles of mutual respect of sovereignty and territorial integrity, peaceful settlement of disputes and conflicts, non-use of force or threat of forte, non-interference in internal affairs, respect for human rights and fundamental freedoms, as well as the principles of bilateral cooperation and non-interference in information resources of the States of the Parties.

2. The activities of the Parties within the framework of this Agreement shall be compatible with legislation of the State of the Parties. The Parties shall not interfere in each other’s domestic affairs and shall respect human rights and fundamental freedoms, as well as the principles of bilateral cooperation and non-interference in information resources of the States of the Parties.

3. Each Party shall have equal rights to protect information resources of its State from unlawful use and unauthorized interference, including from computer attacks against them. Each of the Parties shall not take such action against the other Party and shall assist other Parties in fulfilling the specified rights.

4. The Parties shall respect sovereignty and territorial integrity, settle disputes and conflicts by peaceful means, not use force or threat of force; make efforts in order to prevent the use of information infrastructure and resources of the State Parties by a third party in order to cause damage to the States of the Parties.

Article 3

Major Areas of Cooperation

1. Talking into account the major threats listed in Article 1 of this Agreement, the Parties, their authorized representatives and the competent state authorities of the Slates of the Parties assigned in accordance with Article 5 of this Agreement, shall cooperate in the field of ensuring international information security in the following major areas:

1) participation in development and promotion of the norms of international law to ensure national and international information security;

2) coordination of countering threats in the field of international information security listed in Article 1 of this Agreement;

3) information exchange in the field of law enforcement in order to investigate cases connected with the use of information and communication technologies for terrorist and criminal purposes;

4) harmonization by way of negotiations and implementation or necessary confidence-building measures contributing to ensuring international information security;

5) information exchange between competent authorities of the States of the Parties on the issues of ensuring security, including cooperation between competent authorities of the States of the Parties in the field of response to computer incidents;

6) information exchange on the legislation of the States of the Parties related to ensuring information security;

7) assistance in improving bilateral legal and policy framework and practical mechanisms of cooperation between the States of the Parties in ensuring international information security;

8) intensifying cooperation and coordination of activities of the States of the Parties with regard to ensuring international information security within the framework of international organizations and fora (including the United Nation, International Telecommunication Union, International Standardization Organization, etc.);

9) holding working meetings, conferences, workshops and other forums of authorized representatives and experts of the States of the Parties in the field of international information security;

10) strengthening interaction in the area of personnel training, internship, exchange of specialists in the field of international information security;

11) cooperating to transfer technology in the field of information security in accordance with the legislation of the States of the Parties;

12) creating conditions for interaction between competent authorities of the States of the Parties for the purpose of implementing this Agreement.

2. The Parties and competent authorities of the States of the Parties may, by written agreement, determine other areas of cooperation.

Article 4

Coordinating Authorities

In order to facilitate effective implementation of the provisions of this Agreement and establishment of direct interaction between the Socialist Republic of Viet Nam and the Russian Federation, the coordinating authorities within the framework of this Agreement shall be determined as follows;

from the Socialist Republic of Viet Nam - the Ministry of Public Security;

from the Russian Federation - office of the Security Council of the Russian Federation.

If necessary, the Parties may change the coordinating authority by immediately providing a written notification of such changes to another Party through diplomatic channels.

Article 5

Forms and Mechanisms of Cooperation

1. The Parties may ensure practical interaction in specific areas of cooperation provided for by this Agreement through the competent authorities of the States of the Parties responsible for the implementation of this Agreement; within 60 days after the date of entry into force of this Agreement, the Parties shall, through diplomatic channels, exchange data on the competent authorities of the States of the Parties responsible for the implementation of this Agreement.

2. In order to lay the legal and organizational foundation for the cooperation in specific areas, the competent authorities of the States of the Parties may conclude relevant inter-agency agreements.

3. In order to review the implementation of this Agreement, to exchange information, analyze and jointly assess arising threats to international information security, as well as to determine, agree upon and coordinate joint response measures against such threats, the Parties shall hold regular consultations of designated and competent authorities of the Stales of the Parties.

The mentioned consultations shall be held, upon agreement between the Parties, two times a year, in the Socialist Republic of Viet Nam and the Russian Federation on a rotating basis.

Each Party may initiate additional consultations and suggest their dates, venue and agenda.

Article 6

Protection of Information

The Parties shall provide appropriate protection of the information transferred or generated in the course of cooperation under this Agreement, access to which is limited by the legislation of the States of the Parties.

Such information shall be protected in accordance with the legislation and/or relevant normative legal acts of the State of the receiving Party. Such information shall not be disclosed or transferred without a written consent of the Party transferring this information.

Such information shall be duly marked in accordance with the legislation of the States of the Parties.

The exchange of information containing data constituting a State secret of the Russian Federation or classified materials of the Socialist Republic of Vietnam, as well as the procedures for protection of such information shall be determined by the Agreement between the Government of the Socialist Republic of Viet Nam and the Government of the Russian Federation on mutual protection of classified information of 27 March 2002.

Article 7

Financing

1. The Parties shall independently bear the costs of the participation of their representatives and experts in the relevant activities to implement this Agreement.

2. With regard to other costs related to the implementation of this Agreement, the Parties may agree upon other financial procedures in each particular case in accordance with the legislation of the States of the Parties.

Article 8

Relation to Other International Treaties

This Agreement shall not affect the rights and obligations of each Party deriving from other international treaties to which its State is Party.

Article 9

Settlement of Disputes

The Parties shall settle the disputes that may arise with regard to the interpretation or application of the provisions of this Agreement through consultations and negotiations between competent authorities of the States of the Parties and, if necessary, through diplomatic channels.

Article 10

Final Provisions

1. This Agreement shall enter into force on the 30^th day following the date of the receipt, through diplomatic channels, of the last written notification on the completion by the Parties of their domestic procedures necessary for its entry into force.

2. By mutual consent of the Parties, amendments may be made to this Agreement, which shall be considered an integral part of this Agreement and formalized as a separate protocols.

3. This Agreement may be terminated 90 days after the receipt by either of the Parties, through diplomatic channels, of a written notification from the other Party of its intention to terminate this Agreement. The termination of this Agreement shall not affect activities undertaken as part of the cooperation between the Parties of formerly agreed.

4. In case of termination of this Agreement, the Parties shall take measures to fulfill their obligations in the field of protecting information as well as to implement formerly agreed joint activities, projects and other measures carried out under this Agreement and not completed upon termination of this Agreement.

Done at Sochi on “06” September 2018, in two copies, in the Vietnamese, Russian and English languages, all of them being equally authentic. In case of any discrepancies in interpretation the English text shall be used.