Decree No. 26/2020/ND-CP detailing the Law on Protection of State Secrets

DECREE

Detailing a number of articles of the Law on Protection of State Secrets^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 15, 2018 Law on Protection of State Secrets;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree detailing a number of articles of the Law on Protection of State Secrets.

Article 1.Scope of regulation

This Decree details a number of articles of the Law on Protection of State Secrets regarding the identification of state secrets and degrees of secrecy of state secrets; the duplication and photocopying of state secret-containing documents and objects; the delivery and receipt of state secret-containing documents and objects; the bringing of state secret-containing documents and objects out of places of storage; venues of, and plans on protection and use of means and devices at, conferences, seminars and meetings with state secret contents; the regime of reporting on the work of protection of state secrets, and the assignment of persons performing the task of protection of state secrets.

Article 2.Identification of state secrets and degrees of secrecy of state secrets

1. A person who drafts or creates information listed as state secrets shall submit to the head of the agency or organization having identified state secrets a report or a slip for document signing or a document identifying the degree of secrecy of state secret-containing objects, locations, speeches or activities, which must propose degrees of secrecy of state secrets, recipients, number of copies to be distributed, and whether or not the duplication or photocopying of state secret-containing documents or objects is permitted; he/she shall protect the contents of state secrets in the process of drafting or creating information. A document classified as a state secret must demonstrate recipients, number of copies to be distributed, name of the drafter, and whether or not the duplication or photocopying of the document is permitted in the section “Recipients”. For an e-document, the drafter shall create a sign indicating the degree of secrecy on the document after the competent person identifies the document as a state secret and degree of secrecy of the state secret; e-documents, after being printed out for distribution, shall be appended with secrecy degree stamps under regulations.

2. The person who receives information listed as state secrets but not yet identified as state secrets shall report such information to the head of the agency or organization having identified state secrets and transfer it to a functional unit for processing. The person assigned to process information shall send an official letter to the head of the agency or organization having identified state secrets, which must propose degrees of secrecy of state secrets, recipients, number of copies to be distributed, and whether or not the duplication or photocopying of state secret-containing documents or objects is permitted. Such information shall be protected in the process of receipt and processing.

3. The Ministry of Public Security shall prescribe the specimen of secrecy degree stamp and form of a document identifying degrees of secrecy of state secrets.

Article 3.Duplication and photocopying of state secret-containing documents or objects

1. Duplication of documents classified as state secrets means the copying of such documents or creation of other documents having the same contents with those of the originals. Photocopying of state secret-containing documents or objects means the recording of state secret-containing documents or objects in images.

Forms of duplication of documents classified as state secrets include making of true copies from the originals, printing or photocopying from true copies, and making of extracts of the originals.

2. The duplication or photocopying of state secret-containing documents or objects shall be carried out in safe locations designated by heads of agencies or organizations directly managing state secrets. The duplication and photocopying shall be recorded in a “Book for managing the duplication and photocopying of state secrets”.

3. Duplicates of documents classified as state secrets must bear duplication stamps; photocopies of state secret-containing documents or objects must be acknowledged in writing. Duplication and photocopying may only be made with the permitted number of copies, and surplus copies or failed copies shall be immediately destroyed. Duplicates and photocopies made in accordance with this Decree are as legally valid as originals and shall be protected like the signature-bearing originals.

4. Means and devices used to duplicate or photocopy state secret-containing documents or objects may not be connected with the Internet, computer networks or telecommunications networks, except cases regulated by the law on cipher.

5. The duplication or photocopying of secret telegrams must comply with the law on cipher.

6. The Minister of Public Security shall prescribe the specimen stamp for duplication and photocopying of state secrets; form of a document acknowledging the photocopying of state secrets; and form of a book for managing the duplication and photocopying of state secrets.

Article 4.Delivery and receipt of state secret-containing documents and objects

1. The delivery of state secret-containing documents or objects is prescribed as follows:

a/ Before being delivered, state secret-containing documents or objects shall be registered in the “Register of outgoing state secrets”. State secret-containing documents and objects classified as “Top secret” may be extracted only when so agreed by persons competent to identify state secrets;

b/ State secret-containing documents and objects shall be enveloped or packed separately. Envelope paper must be tough, durable, hardly absorbent and non-transparent; glue must be sticky and hardly removed;

In case state secret-containing documents or objects are classified as “Top secret”, they shall be protected with two envelopes: The inside envelop will be inscribed with the serial numbers and signs of the documents or objects, and names of recipients, appended with “Top secret” stamps, and sealed up with seals of agencies or organizations; in case such documents or objects are sent to the named responsible persons, they shall be appended with a stamp “Only the named person can open the envelope”. The outside envelope will be inscribed like that for ordinary documents and stamped with letter “A”;

State secret-containing documents or objects classified as “Secret” or “Confidential” shall be protected with a single envelope stamped with letter “B” or “C” corresponding to the degree of secrecy of the documents or objects;

c/ The delivery of state secret-containing documents and objects shall be managed by a “Book for transfer of state secrets”.

2. The receipt of state secret-containing documents or objects is prescribed as follows:

a/ After being received, state secret-containing documents or objects shall be registered in the “Register of incoming state secrets”;

b/ For a state secret-containing document or object with its envelope appended with the stamp “Only the named person can open the envelope”, the recipient shall make book entries based on the sign on the envelope, may not open the envelope and shall immediately transfer it to the person named on the envelope. If such person is absent while the envelope is appended with “Most urgent” stamp, the recipient shall transfer it to a leader of the agency or organization or person authorized by the former for processing;

c/ In case state secret-containing documents or objects are forwarded in contravention of regulations on protection of state secrets, they shall be transferred to leaders of the agencies or organizations receiving the documents or objects or to the persons named on the envelopes (in case such documents or objects are sent to named persons) for processing; at the same time, feedback shall be sent to the senders for remedies. If detecting that the incoming state secret-containing documents or objects show signs of having their envelopes opened or removed or being exchanged, lost or ruined, the recipient shall immediately report thereon to the head of the agency or organization for the latter to take handling measures.

3. The sender and recipient of state secret-containing documents and objects shall compare the quantity, and check the enveloping and packaging of state secret-containing documents and objects. If detecting inadequacy in quantity or errors in enveloping or packaging the documents or objects, the recipient shall request the sender to supplement the inadequacy or correct the errors before making book entries and signing upon receipt.

4. In case state secret-containing documents or objects are appended with the stamp “Recovered material”, the recipient shall return them within the time limit inscribed on the documents or objects.

5. The delivery and receipt of e-documents with state secret contents in the Internet, computer networks or telecommunications networks must comply with the law on cipher.

6. The transportation, delivery and receipt of cryptography products must comply with the law on cipher.

7. In case state secret-containing documents or objects are registered in computer databases, upon the transfer thereof, they shall be printed out on papers for signing upon receipt and bound in books for management. Computers used for registration of state secret-containing documents or objects may not be connected with the Internet, computer networks or telecommunications networks, except cases regulated by the law on cipher.

8. The Minister of Public Security shall prescribe the form of the register of incoming state secrets, form of the register of outgoing state secrets, and form of a book for transfer of state secrets.

Article 5.Bringing state secret-containing documents or objects out of storage places

1. Persons who wish to bring state secret-containing documents or objects out of storage places to serve domestic or foreign affairs shall obtain a written permission of a competent person defined in Clause 1 or 2, Article 14 of the Law on Protection of State Secrets. Upon completion of their tasks, they shall report to the competent person permitting the bringing of state secret-containing documents or objects out of storage places on the management and use of state secrets, and return them to agencies or organizations.

2. A written request for permission to bring state secret-containing documents or objects out of storage places to serve domestic or foreign affairs must clearly state the requester’s full name, position and working unit; types, extracts, and degrees of secrecy of state secret-containing documents or objects; use purpose; working time and location; and measures to protect state secrets.

3. State secret-containing documents or objects brought out of storage places shall be stored, contained and transported by safe means and devices prescribed by heads of agencies or organizations directly managing state secrets and protected while being brought out of storage places.

Article 6.Venues, protection plans, and means and devices used at conferences, seminars and meetings with state secret contents

1. Conferences, seminars and meetings with state secret contents shall be held in closed-door rooms at working offices of agencies or organizations. In case they are organized outside the working office of an agency or organization, the head of such agency or organization shall propose the Ministry of Public Security or provincial-level Department of Public Security to inspect security and safety conditions inside and outside the areas where the conferences, seminars or meetings take place. For conferences, seminars or meetings to be presided by the Ministry of National Defense or Government Cipher Committee, they shall be organized by functional bodies of the Ministry of National Defense or Government Cipher Committee.

2. Means and devices used at conferences, seminars and meetings with state secret contents

a/ Conferences, seminars and meetings with state secret contents must use wire microphones and means and devices inspected in terms of security and safety conditions by the Ministry of Public Security or provincial-level Departments of Public Security before they are installed, except means and devices furnished by the Government Cipher Committee. For conferences, seminars and meetings to be presided by the Ministry of National Defense or Government Cipher Committee, they shall be organized by functional bodies of the Ministry of National Defense or Government Cipher Committee. In case conferences, seminars or meetings with state secret contents are organized in the form of online television, transmission lines shall be protected according to the law on cipher;

b/ Participants may not bring devices with information receiving and transmitting functions or audio-visual recording functions into conferences, seminars and meetings with state secret contents classified as “Top secret” or “Secret”. For conferences, seminars and meetings with state secret contents classified as “Confidential”, the use of means and devices must comply with requirements of the persons presiding over such conferences, seminars and meetings;

c/ In case of necessity, agencies or organizations in charge of conferences, seminars or meetings with state secret contents shall decide on the use of technical means and devices for audio or visual recording; and prevent activities of encroachment and information collection from the outside.

3. Plans on protection of conferences, seminars or meetings with state secret contents

a/ For conferences, seminars or meetings with state secret contents classified as “Top secret”, the agencies or organizations in charge shall decide on the arrangement of guards and security forces outside such conferences, seminars or meetings; and anticipate possible complicated circumstances which are likely to affect security and safety conditions in the course of organizing the conferences, seminars or meetings, and plans to deal with such circumstances;

b/ For a conference, seminar or meeting with state secret contents which is organized for two or more days, the meeting hall shall be sealed up after each day of the conference, seminar or meeting;

c/ Participants in conferences, seminars or meetings with state secret contents must be those required by the agencies or organizations in charge of such conferences, seminars or meetings. For conferences, seminars or meetings with state secret contents classified as “Top secret”, security and safety inspection measures are required for participants.

Article 7.Assignment of persons performing the task of protection of state secrets

1. The Office and Commissions of the Party Central Committee; central bodies of socio-political organizations; Office of the National Assembly; Office of the President; ministries, ministerial-level agencies and government-attached agencies; Supreme People’s Court and Supreme People’s Procuracy; State Audit Office of Vietnam; and provincial-level People’s Committees shall assign persons to perform the full-time task of protection of state secrets at their offices or administrative and general affairs units.

2. Units of or attached to the agencies or organizations defined in Clause 1 of this Article; provincial-level Party Committees and People’s Councils; and district-level Party Committees, People’s Councils and People’s Committees shall assign persons to perform the part-time task of protection of state secrets at their offices or administrative and general affairs units.

3. The assignment of persons to perform the full-time or part-time task of protection of state secrets in the armed forces or cipher forces must comply with regulations of the Minister of Defense or Minister of Public Security.

4. Persons performing the full-time or part-time task of protection of state secrets must satisfy the following criteria:

a/ Possessing good morality, adequate political criteria, legal and professional knowledge as well as skills on protection of state secrets, and strictly observing the line, undertakings and policies of the Party and laws of the State;

b/ Having the responsibility to preserve state secrets; abiding by the assignment or transfer by their agencies or organizations and fulfilling the assigned tasks and responsibilities.

5. Persons performing the full-time or part-time task of protection of state secrets are entitled to regimes and policies prescribed by law.

Article 8.Regime of reporting on the work of protection of state secrets

1. Heads of the agencies or organizations defined in Clause 1, Article 7 of this Decree shall report on the work of protection of state secrets within the scope of their management to the Ministry of Public Security for summarization and reporting to the Prime Minister, specifically as follows:

a/ Final review reports shall be made very five years; preliminary review reports shall be made every year;

b/ Extraordinary reports shall be made immediately after detecting the leak or loss of state secrets or at the proposal of the Ministry of Public Security;

c/ Data used for making annual reports shall be taken from December 15 of the year preceding the reporting period to December 14 of the reporting period;

d/ Deadline for submitting annual reports: The deadline for the agencies and organizations defined in Clause 1, Article 7 of this Decree to send their annual reports to the Ministry of Public Security is December 20 of the reporting year.

2. Contents of a report on the work of protection of state secrets

a/ Analysis and evaluation of the situation related to the work of protection of state secrets;

b/ Results of implementation of the work of protection of state secrets; strengths, limitations, difficulties, problems, causes and experiences drawn from the direction and implementation of the work of protection of state secrets;

c/ The situation and data of the cases of leak or loss of state secrets; causes and remedies;

d/ Forecast of situation; projected central tasks of the work of protection of state secrets as well as proposals and recommendations.

3. The Ministry of Public Security shall assist the Government in conducting a final review every five years and a preliminary review every year on the work of protection of state secrets nationwide.

Article 9.Effect

1. This Decree takes effect on July 1, 2020.

2. The Government’s Decree No. 33/2002/ND-CP of March 28, 2002, detailing the implementation of the Ordinance on Protection of State Secrets, ceases to be effective on the effective date of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC