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

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Decree No. 26/2020/ND-CP dated February 28, 2020 of the Government on detailing a number of articles of the Law on Protection of State Secrets
Issuing body: GovernmentEffective date:
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Official number:26/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:28/02/2020Effect status:
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Fields:National Security
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THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 26/2020/ND-CP

 

Hanoi, February 28, 2020

 

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”.

 

[1] Công Báo Nos 275-276 (11/3/2020)

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