Law on Protection of State Secrets, Law No. 29/2018/QH14

THE NATIONAL ASSEMBLY

Law No. 29/2018/QH14 of the National Assembly on Protection of State Secrets^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Protection of State Secrets.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes state secrets and their protection, and responsibilities of related agencies, organizations and individuals.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. State secret means information with important contents determined by heads of competent agencies and organizations based on the provisions of this Law, which has not yet been publicized and the leak or loss of which may cause harm to the national interests.

State secrets are contained in the forms of document, object, location, speech, activity, or other forms.

2. Protection of state secrets means the use of forces, means and measures by agencies, organizations and individuals to prevent and fight state secret infringement.

3. Leak of state secrets means the case in which an unauthorized person knows state secrets.

4. Loss of state secrets means the case in which a state secret-containing document or object is no longer under the management of the agency, organization or individual responsible for managing it.

Article 3. Principles of protection of state secrets

1. To be placed under the leadership of the Communist Party of Vietnam and the unified management of the State; to serve the tasks of Fatherland construction and defense, socio-economic development and international integration; to protect the national interests and lawful rights and interests of agencies, organizations and individuals.

2. Protection of state secrets is the responsibility of all agencies, organizations and individuals.

3. The management and use of state secrets must comply with the purposes, competence, order and procedures prescribed by law.

4. To proactively prevent, promptly detect and stop, and strictly handle acts of violating the law on protection of state secrets.

5. State secrets shall be protected in a duration prescribed in this Law, ensuring citizens’ right of access to information in accordance with law.

Article 4. International cooperation on protection of state secrets

1. International cooperation on protection of state secrets must comply with the principles of respect for each other’s independence, sovereignty and territorial integrity, non-intervention into each other’s internal affairs, equality and mutual benefit.

2. The contents of international cooperation on protection of state secrets:

a/ Concluding, and organizing implementation of, treaties and international agreements on protection of state secrets;

b/ Implementing international cooperation programs and projects on protection of state secrets;

c/ Training and conducting scientific, technological and technical research and application to serve state secret protection work;

d/ Preventing and fighting violations of the law on protection of state secrets;

dd/ Carrying out other international cooperation activities on protection of state secrets.

Article 5. Prohibited acts in protection of state secrets

1. Disclosing, appropriating, buying or selling state secrets; falsifying, damaging and losing documents and objects containing state secrets.

2. Illegally collecting, exchanging, providing or transferring state secrets; illegally duplicating, photocopying, storing, transporting, delivering, receiving, recovering or destroying state secret-containing documents or objects.

3. Illegally bringing state secret-containing documents or objects out of places of storage.

4. Taking advantage of or abusing the protection of state secrets or using state secrets to commit or conceal acts of violating law or infringing upon lawful rights and interests, or obstructing the operation, of agencies, organizations and individuals.

5. Compiling or storing state secret-containing documents on computers or other devices that have been or are connected to the Internet, computer or telecommunications networks, except the case of storage of state secrets in accordance with the law on cipher.

6. Transmitting state secrets on information or telecommunications devices in contravention of the law on cipher.

7. Changing the use purpose of computers or other devices that have been used to compile, archive or exchange state secrets while the state secrets have not yet been deleted.

8. Using devices with the functions of receiving and transmitting signals or recording sounds or images at conferences, seminars or meetings the contents of which involve state secrets in any form without approval of competent persons.

9. Publishing or disseminating state secrets in the mass media, Internet, computer or telecommunications networks.

Article 6. Funds and physical facilities for protection of state secrets

1. Funds and physical facilities for protection of state secrets shall be guaranteed by the state budget.

2. The management and use of funds and physical facilities for protection of state secrets must comply with law.

Chapter II

SCOPE, CLASSIFICATION AND PROMULGATION OF LISTS OF STATE SECRETS

Article 7. Scope of state secrets

The scope of state secrets means the limitation of important information in the following fields, which has not yet publicized and the leak or loss of which may cause harm to the national interests:

1. Political information:

a/ Guidelines and policies on internal and external affairs of the Party and the State;

b/ Activities of the Party Central Committee, Political Bureau, Secretariat and leaders of the Party and the State;

c/ Strategies and schemes on ethnic minorities and religions as well as ethnic minority and religious affairs which are related to protection of national security and guarantee of social order and safety;

d/ Information with negative impacts on political and socio-economic situations;

2. Information on national defense and security and cipher:

a/ Strategies and plans on and activities of Fatherland protection, national defense, national security protection and guarantee of social order and safety; and extremely important programs, projects and schemes;

b/ Organization and operation of people’s armed forces and cipher forces;

c/ National defense, security and cipher works and objectives; weapons, ammunitions and means of decisive significance to the capability of national defense, national security protection and guarantee of social order and safety; and cryptographic products of the cipher sector;

3. Constitutional, legislative and judicial information:

a/ Constitution-building, lawmaking and oversight activities, and making of decisions on issues of national importance;

b/ Information on initiation of criminal cases; investigation, exercise of the right to prosecution, and supervision of judicial activities, trial, and execution of criminal judgments.

4. Information on external affairs:

a/ Strategies, plans and schemes on development of relations with foreign countries, international organizations or other subjects of international law; and external affairs situation, plans and activities of Party and State agencies;

b/ Information and agreements exchanged or concluded between Vietnam and foreign countries, international organizations or other subjects of international law;

c/ Secret information transferred by foreign countries, international organizations or other subjects of international law in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party, and related international agreements.

5. Economic information:

a/ Investment and national reserves strategies and plans to ensure national defense and security; bidding information in service of national security protection;

b/ Financial, budgetary and banking information; option plans and plans on currency collection, change and distribution; creation of currency designs, making of prints and molds, valuable paper and banknote printing and coin minting technologies; quantity and depositories of precious and rare metals, gems and other precious and rare objects of the State;

c/ Information on industry, trade, agriculture and rural development;

d/ Transport plans of political, socio-economic, and national defense and security significance;

dd/ Information on the process of formulation of national-, regional- and provincial-level master plans, master plans of special administrative-economic units, and master plans on urban and rural areas; information on planning the system of national reserves warehouses and the system of national defense works, military zones, ammunition warehouses and national defense and security industries.

6. Information on natural resources and environment, including water resources, environment, geology, minerals, hydrometeorology, land, sea, islands, survey and mapping;

7. Information on science and technology:

a/ Inventions and new technologies serving national defense and security or of extremely important significance to socio-economic development;

b/ Information on atomic energy and radiation and nuclear safety related to national defense and security;

c/ Special scientific and technological tasks and national-level scientific and technological tasks related to national defense and security.

8. Information on education and training:

a/ Exam questions and answers and information relating to the organization of national-level exams;

b/ Information on men of the People’s Army, People’s Public Security and Cipher forces who are sent for training at home or abroad.

9. Information on culture and sports:

a/ Information on heritages, relics, antiques and national treasures; methods and know-hows for creating, preserving and descending intangible cultural heritages;

b/ Methods and know-hows for selecting coaches and athletes of high-achievement sports; health recovery measures and recipes for athletes after training and competition; tactics in high-achievement sports competitions.

10. Information in the field of information and communications:

a/ Strategies, plans and schemes on development of press, publication, printing, distribution, post, telecommunications and Internet, radio frequency, information technology, information technology industry, cyber information security, electronics, radio and television broadcasting, electronic information, news agency, external information, grassroots information, and national information and communication infrastructure to serve national defense and security;

b/ Technical designs, diagrams and figures on equipment of information systems of national security importance, national important information systems and private information network systems of Party and State agencies and organizations;

11. Health and population information:

a/ Information on protection of health of high-ranking leaders of the Party and the State;

b/ Newly discovered types and strains of microorganisms related to human health and life; specimens, genetic resources and farming zones of precious and rare medicinal materials;

c/ Processes for manufacturing precious and rare medicinal materials and biological medicines;

d/ Information, documents and figures on population surveys.

12. Information on labor and social affairs:

a/ Strategies, plans and schemes on wage reform, social security and treatment toward people with meritorious services to the revolution;

b/ Complicated situation on labor and child affairs, social vices and gender equality.

13. Information on organization and personnel work:

a/ Strategies, plans and schemes on organization and personnel work of Party and State agencies and socio-political organizations;

b/ Processes of preparation and implementation of organization and personnel work;

c/ Information on internal political security work;

d/ Questions and answer keys for exams for selection of leading and managerial officials, and recruitment and rank promotion of civil servants and public employees.

14. Information on inspection, examination, supervision, handling of violations, settlement of complaints and denunciations, and corruption prevention and fighting:

a/ Strategies, plans and schemes on inspection, examination, supervision, settlement of complaints and denunciations, and corruption prevention and fighting;

b/ Information on inspection, examination, supervision, handling of violations, settlement of complaints and denunciations, and corruption prevention and fighting.

15. Information on state audit:

a/ Strategies, plans and schemes on state audit;

b/ Information on audit of public finances and public assets.

Article 8. Classification of state secrets

Depending on the importance of the contents of information and the degree of harm upon leak or lost, state secrets shall be classified into 3 degrees of secrecy, including:

1. Top secret, which shall be imposed on state secrets which are related to politics, national defense and security, cipher and external affairs and the leak or loss of which may cause extremely serious harm to the national interests;

2. Secret, which shall be imposed on state secrets which are related to politics, national defense and security, cipher, constitutional, legislative and judicial activities, external affairs, economy, natural resources and environment, science and technology, education and training, culture, sports, information and communications, health, population, labor, social affairs, organization and personnel work, inspection, examination, supervision, handling of violations, settlement of complaints and denunciations, corruption prevention and fighting, and state audit, and the leak or loss of which may cause very serious harm to the national interests;

3. Confidential, which shall be imposed on state secrets which are related to politics, national defense and security, cipher, constitutional, legislative and judicial activities, external affairs, economy, natural resources and environment, science and technology, education and training, culture, sports, information and communications, health, population, labor, social affairs, organization and personnel work, inspection, examination, supervision, handling of violations, settlement of complaints and denunciations, corruption prevention and fighting, and state audit, and the leak or loss of which may cause serious harm to national interests.

Article 9. Promulgation of lists of state secrets

1. The Prime Minister shall promulgate lists of state secrets in accordance with Articles 7 and 8 of this Law.

2. Persons responsible for formulating lists of state secrets:

a/ Ministers and heads of ministerial-level agencies shall formulate lists of state secrets of the sectors and fields under their management;

b/ The Chairperson of the Office of the Party Central Committee shall formulate the list of state secrets of the Party;

c/ Heads of central bodies of socio-political organizations shall formulate the lists of state secrets of socio-political organizations;

d/ The National Assembly Secretary General-Chairperson of the National Assembly Office shall formulate the list of state secrets of the National Assembly and its agencies, agencies of the National Assembly Standing Committee, the National Assembly Secretary General, the National Assembly Office, and delegations of National Assembly deputies;

dd/ The Chairperson of the Office of the President shall formulate the list of state secrets of the President and the Office of the President;

e/ The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People’s Procuracy and the Auditor General of the State Audit Office of Vietnam shall formulate the lists of state secrets of sectors and fields under their management.

3. The persons formulating lists of state secrets specified in Clause 2 of this Article shall send dossiers to the Ministry of Public Security for appraisal, except the case defined in Clause 5 of this Article.

A dossier to be sent to the Ministry of Public Security must comprise a report to the Prime Minister; a draft of the decision on promulgation of the list of state secrets; a report on summarization, explanation and acceptance of opinions of related agencies and organizations; and copies of documents stating contributed opinions.

The Ministry of Public Security’s appraisal documents shall be sent to the persons responsible for formulating the lists of state secrets within 30 days after receiving a complete dossier.

4. After receiving the appraisal documents of the Ministry of Public Security, the persons formulating lists of state secrets specified in Clause 3 of this Article shall submit such lists to the Prime Minister for considering and deciding the promulgation of the list of state secrets.

5. The Minister of National Defense and Minister of Public Security shall submit to the Prime Minister for consideration, decision and promulgation lists of state secrets under their management.

Chapter III

PROTECTION OF STATE SECRETS

Article 10. Identification of state secrets and degrees of secrecy of state secrets

1. The identification of state secrets and degrees of secrecy of state secrets shall be based on the lists of state secrets and comply with this Law.

2. Heads of agencies or organizations shall identify state secrets and degrees of secrecy of state secrets, the scope of circulation of state secret-containing documents or objects and whether these documents or objects may be duplicated or photocopied. In case of using state secrets of other agencies or organizations, they shall identify the corresponding degree of secrecy. In case information in a state secret-containing document or object is on the lists of state secrets with different degrees of secrecy, it shall be identified as the highest degree.

3. The degree of secrecy of state secrets shall be indicated by secrecy markings, documents identifying degree of secrecy or other forms suitable to the forms of their containers.

4. The Government shall detail this Article.

Article 11. Duplication and photocopying of state secret-containing documents and objects

1. Persons competent to permit the duplication and photocopying of documents or objects containing state secrets classified as top secret include:

a/ Heads of agencies of the Party Central Committee; and heads of organizations of the Party Central Committee;

b/ Heads of agencies of the National Assembly and National Assembly Standing Committee; and the National Assembly Secretary General-Chairperson of the National Assembly Office;

c/ Chairperson of the Office of the President;

d/ Chief Justice of the Supreme People’s Court, and Procurator General of the Supreme People’s Procuracy;

dd/ Auditor General of the State Audit Office of Vietnam;

e/ Chief justices of superior People’s Courts, chief justices of provincial-level People’s Courts,  chief procurators of superior People’s Procuracies, and chief procurators of provincial-level People’s Procuracies;

g/ Heads of central bodies of socio-political institutions;

h/ Ministers and heads of ministerial-level agencies;

i/ Heads of government-attached agencies;

k/ Secretaries of provincial-level Party Committees, heads of delegations of National Assembly deputies, and chairpersons of provincial-level People’s Councils and People’s Committees;

l/ Direct superiors of the persons prescribed at Points a, b, c, h and i of this Clause; 

m/ Heads of state audit offices, units of the executive apparatus of the State Audit Office of Vietnam, specialized state audit offices, and regional state audit offices;

n/ Heads of general departments, departments and equivalent units of the agencies prescribed at Points a, b, c, d, dd, g and h of this Clause, excluding heads of public non-business units;

o/ Heads of overseas diplomatic missions of the Socialist Republic of Vietnam.

2. Persons competent to permit the duplication or photocopying of documents and objects containing state secrets classified as secret include:

a/ The persons specified in Clause 1 of this Article;

b/ Directors of departments and equivalent units of government-attached agencies;

c/ Head of public non-business units of the agencies specified at Points a, b, c, d, dd, g, h and i, Clause 1 of this Article; and heads of departments and equivalent units under general departments and equivalent agencies;

d/ Heads of provincial-level departments and sectors and socio-political organizations and equivalent agencies;

dd/ Heads of units under superior People’s Courts, provincial-level People’s Courts, superior People’s Procuracies, and provincial-level People’s Procuracies, excluding those specified at Point b, Clause 3 of this Article; chief justices of district-level People’s Courts, and chief procurators of district-level People’s Procuracies;

e/  Secretaries of district-level Party Committees and chairpersons of district-level People’s Councils and People’s Committees;

g/ Presidents of Members’ Councils, presidents, directors or directors general of state enterprises.

3. Persons competent to permit the duplication or photocopying of documents or objects containing state secrets classified as confidential include:

a/ The persons specified in Clause 2 of this Article;

b/ Heads of division-level units of general departments, departments and equivalent units under the agencies specified at Points a, b, c, d, dd, e, g, h, i and k, Clause 1 of this Article;

c/ Heads of division-level units of provincial-level departments and sectors and equivalent units; heads of boards of district-level People’s Councils, and heads of divisions of district-level People’s Committees and holders of equivalent positions.

4. The Minister of National Defense and Minister of Public Security shall prescribe the competence to permit the duplication or photocopying of state secret-containing documents and objects for subjects under their management.

5. The persons competent to permit the duplication or photocopying of state secret-containing documents and objects specified in Clauses 1 and 2 of this Article may authorize their deputy heads to perform such competence.

The authorization of the competence to permit the duplication or photocopying of state secret-containing documents and objects shall be made on a regular or case-by-case basis and expressed in a document clearly stating the scope, contents and duration of authorization.

Deputy heads authorized to permit the duplication or photocopying of state secret-containing documents and objects shall take responsibility for their decisions before their heads and law. Authorized persons may not subsequently authorize such competence to others.

6. Persons assigned to conduct the duplication or photocopying of state secret-containing documents and objects must be cadres, civil servants or public employees or officers, non-commissioned officers, professional army men, workers or public employees of the people’s armed forces, persons performing state secret-related cipher jobs, or persons performing state secret-related jobs.

7. The Government shall prescribe the duplication or photocopying of state secret-containing documents and objects.

Article 12. Making of statistics, storage and preservation of state secret-containing documents and objects

1. Statistics of state secret-containing documents and objects shall be made according to the temporal order and their degrees of secrecy upon receipt and distribution.

2. State secrets contained in devices with the storage, duplication or photographing functions shall be protected by appropriate methods so as to ensure safety.

3. State secret-containing documents and objects shall be stored and preserved in safe places with protection plans.

Article 13. Transportation, delivery and receipt of state secret-containing documents and objects

1. The transportation, delivery and receipt of state secret-containing documents and objects in the country shall be conducted by persons performing state secret-related jobs, or liaison officers or clerks of agencies or organizations.

2. The transportation, delivery and receipt of state secret-containing documents and objects between domestic agencies or organizations and overseas Vietnamese ones, or among overseas Vietnamese agencies or organizations shall be conducted by liaison officers of the foreign affairs sector or persons assigned to perform this task.

3. During the process of transportation, delivery and receipt, state secret-containing documents or objects shall be kept in closed, sealed containers.

4. In the course of transportation of state secret-containing documents and objects, there must be measures to preserve them and ensure their safety, and security guards, when necessary.

5. The transportation of state secret-containing documents and objects by post must comply with the law on post.

6. Senders and recipients of state secret-containing documents and objects shall check and compare in order to timely detect errors and take handling measures; the delivery and receipt shall be fully recorded in a separate register signed by recipients.

7. The Government shall detail the delivery and receipt of state secret-containing documents and objects.

Article 14. Bringing state secret-containing documents and objects out of places of storage

1.  The bringing of a state secret-containing document or object out of the place of storage to serve domestic affairs shall be permitted by the head or authorized deputy head of the agency or organization directly managing such document or object.

2. The bringing of a state secret-containing document or object out of the place of storage to serve overseas affairs shall be permitted by the Minister of National Defense, Minister of Public Security, or a competent person specified at Point a, b, c, d, dd, g, h, i, k, or l, Clause 1, Article 11 of this Law, or by his/her authorized deputy head, and shall be reported to the head of the working delegation.

3. There must be measures to preserve and ensure the safety of state secret-containing documents or objects in the course of bringing them out of the places of storage.

4. During the period when a state secret-containing document or object is brought out of the place of storage, if it is detected that the state secret is leaked or lost, the person bring such document or object shall promptly report such leak or loss to the head of the agency or organization directly managing such document or object and the head of the working delegation so as to work out handling and remedial measures.

5. The Government shall detail the bringing of state secret-containing documents and objects out of the places of storage.

Article 15. Provision or transfer of state secrets to Vietnamese agencies, organizations or individuals assigned to perform tasks directly related to state secrets

1. The competent persons specified in Clauses 1, 2 and 3, Article 11 of this Law shall decide on the provision or transfer of state secrets.

2. The Minister of National Defense and Minister of Public Security shall prescribe the competence to provide or transfer state secrets under their management.

3. Vietnamese agencies, organizations and individuals assigned to perform tasks directly related to state secrets may request the provision or transfer of state secrets.

4. An agency or organization requesting the provision or transfer of a state secret shall send a written request to the person competent to decide on the provision or transfer. Such request must clearly state the name and representative of the requesting agency or organization; the state secret requested for provision or transfer; use purpose of the state secret, and the commitment to protecting the state secret.

5. A person requesting the provision or transfer of a state secret shall send a written request to the persons competent to decide on the provision or transfer. Such request must clearly state the full name; serial number of the requester’s citizen identity card or people’s identity card or passport, public security identity card, or military identity card; contact address; and working position; the state secret requested for provision or transfer; use purpose of the state secret, and the commitment to protecting the state secret.

6. In case of refusal to provide or transfer the state secret, the person competent to decide on the provision or transfer of state secrets shall reply in writing, clearly stating the reason.

Article 16. Provision or transfer of state secrets to foreign agencies, organizations and individuals

1. The competence to decide on the provision or transfer of state secrets to foreign agencies, organizations or individuals is prescribed as follows:

a/ The Prime Minister shall decide on the provision or transfer of state secrets classified as top secret;

b/ The Minister of National Defense, Minister of Public Security, and the competent persons specified at Points a, b, c, d, dd, g, h, i, and k, Clause 1, Article 11 of this Law shall decide on the provision or transfer of state secrets classified as secret or confidential under their management.

2. State secrets shall only be provided or transferred to foreign agencies, organizations and individuals participating in international cooperation programs or performing public duties related to state secrets.

3. A foreign agency or organization requesting provision or transfer of a state secret shall send a written request to the Vietnamese agency or organization in charge of the international cooperation program or performing the public duty related to such state secret. Such request must clearly state the name and representative of the requesting agency or organization; citizenship, passport number, and position of the representative; the state secret requested for provision or transfer; use purpose of the state secret, and the commitment to protecting the state secret and refraining from providing or transferring it to a third party without the consent of the provider or transferor.

4. A foreigner requesting the provision or transfer of a state secret shall send a written request to the Vietnamese agency or organization in charge of the international cooperation program or performing the public duty related to such state secret. Such request must clearly state the full name, passport number and contact address of the requester; the state secret requested for provision or transfer; use purpose of the state secret, and the commitment to protecting the state secret and refraining from providing or transferring it to a third party without the consent of the provider or transferor.

5. The Vietnamese agency or organization in charge of the international cooperation program or performing the public duty related to the state secret shall transfer the request of the foreign agency, organization or individual prescribed in Clause 3 or 4 of this Article to the person competent to decide on the provision and transfer of such state secret.

6. In case of refusal to provide or transfer the state secret, the person competent to decide on the provision or transfer of the state secret shall reply in writing, clearly stating the reason.

Article 17. Conferences, seminars or meetings the contents of which involve state secrets of Vietnamese agencies and organizations

1. The organization of a conference, seminar or meeting the contents of which involve state secrets must meet the following requirements:

a/ The use of state secret contents is approved by a competent person prescribed in Clause 1 or 2, Article 15 of this Law;

b/ The conference, seminar or meeting participants are representatives of agencies or organizations or persons assigned to perform tasks related to state secrets;

c/ The venue of the conference, seminar or meeting must meet safety requirements to avoid the leak or loss of state secrets;

d/ Means and devices used at the conference, seminar or meeting must satisfy the requirements for protection of state secrets;

dd/ There is an option plan for protection of the conference, seminar or meeting;

e/ State secret-containing documents or objects shall be withdrawn after the conference, seminar or meeting.

2. Heads of agencies or organizations who decide to organize a conference, seminar or meeting the contents of which involve state secrets shall ensure the satisfaction of the requirements prescribed in Clause 1 of this Article.

3. Participants in conferences, seminars or meetings the contents of which involve state secrets shall protect and use state secrets as prescribed by this Law and required by the chairs of such conferences, seminars or meetings.

4. The Government shall detail Points c, d, and dd, Clause 1 of this Article.

Article 18. Conferences, seminars and meetings with foreign elements the contents of which involve state secrets organized in Vietnam

1. The organization of a conference, seminar or meeting with foreign elements the contents of which involve state secrets in Vietnam must meet the following requirements:

a/ The conference, seminar or meeting is organized by a Vietnamese agency or organization;

b/ The use of state secret contents is approved in writing by a competent person prescribed in Clause 1, Article 16 of this Law;

c/ The conference, seminar or meeting participants are those prescribed at Point b, Clause 1, Article 17 of this Law, and are representatives of foreign agencies, organizations or individuals engaged in international cooperation programs or performing public duties related to state secrets;

d/ Such organization satisfies the requirements prescribed at Points c, d, dd, and e, Clause 1, Article 17 of this Law.

2. Heads of agencies or organizations who decide to organize a conference, seminar or meeting the contents of which involve state secrets shall ensure the satisfaction of the requirements prescribed in Clause 1 of this Article.

3. Participants in conferences, seminars or meetings the contents of which involve state secrets shall protect and use state secrets as prescribed by this Law and required by the chairs of such conferences, seminars or meetings; and refrain from providing or transferring state secrets to a third party.

Article 19. Duration for protection of state secrets

1. The duration for protection of state secrets shall be counted from the date of identification of the degrees of secrecy of such state secrets to the date of expiry of the following duration:

a/ Thirty years, for state secrets classified as top secret;

b/ Twenty years, for state secrets classified as secret;

c/ Ten years, for state secrets classified as confidential.

2. The duration for protection of state secrets in terms of operation may be shorter than the duration prescribed in Clause 1 of this Article, and shall be specified in state secret-containing documents or objects upon the identification of the degrees of secrecy of such state secrets.

3. The duration for protection of state secrets in terms of location may expire when competent agencies or organizations no longer use such location for storage of state secrets.

Article 20. Extension of the duration for protection of state secrets

1. The duration for protection of a state secret shall be extended in case the declassification of such state secret causes harm to the national interests.

2. At least 60 days before the date of expiry of the duration for protection of a state secret, the head of the agency or organization having identified such state secret shall decide to extend such duration. Each extension must not exceed the duration prescribed in Clause 1, Article 19 of this Law.

3. After a state secret has its protection duration extended, there must be a marking, document or another means indicating such extension.

4. Within 15 days from the date of extension, the agency or organization that has made the extension shall notify such in writing to related agencies, organizations and individuals.

When receiving a notice on the extension of the duration for protection of state secrets under their management, related agencies, organizations and individuals shall embed a marking or issues a document or uses another form to indicate such extension.

Article 21. Adjustment of degrees of secrecy

1. Adjustment of degrees of secrecy means the increase or reduction of the identified degree of secrecy of a state secret.

2. The adjustment of degrees of secrecy shall be based on lists of state secrets.

3. The head of an agency or organization having identified the degree of secrecy of a state secret is competent to decide on the adjustment of the degree of secrecy of such state secret.

4. After the degree of secrecy of a state secret increased or reduced, there must be a marking, document or another means indicating such increase or reduction.

5. Within 15 days from the date of adjustment of the degree of secrecy of a state secret, the agency or organization that has made the adjustment shall notify such in writing to related agencies, organizations and individuals.

When receiving a notice on the adjustment of degrees of secrecy of state secrets under their management, related agencies, organizations and individuals shall embed a marking or issue a document or use another form to indicate such adjustment.

Article 22. Declassification

1. Declassification means removal of secrecy of a state secret.

2. A state secret shall be wholly or partially declassified in the following cases:

a/ The duration for protection of the state secret prescribed in Article 19 of this Law and the extended duration prescribed in Article 20 of this Law have expired;

b/ The declassification aims to meet practical requirements of protection of the national interests; socio-economic development; and international integration and cooperation;

c/ The state secret is no longer on the lists of state secrets.

3. State secrets falling into the cases specified at Points a and c, Clause 2 of this Article shall automatically be declassified.

For the case specified at Point c, Clause 2 of this Article, the agency or organization having identified the state secret shall embed a marking or issue a document or use another form to indicate the declassification and immediately notify such in writing to related agencies, organizations and individuals.

4. The declassification of a state secret in the case specified at Point b, Clause 2 of this Article is prescribed as follows:

a/ The head of the agency or organization having identified the state secret shall establish a declassification council;

b/ The declassification council shall be composed of a chairperson being a representative of leaders of the agency or organization having identified the state secret, and representatives of related agencies and organizations;

c/ The declassification council shall consider the declassification and report it to the head of the agency or organization having identified the state secret for decision;

d/ After the state secret is declassified, there must be a marking, document or another means to indicate such declassification; in case of partial declassification, the declassification decision must fully indicate the declassified information;

dd/ The to-be-archived declassification dossier must comprise the declassification council establishment decision; the state secret requested for declassification; records of the declassification council’s meeting; the declassification decision, and other related documents.

5. For a state secret archived by a historical archives center, in case it is impossible to identify the agency having identified such state secret, the historical archives center shall decide on the declassification in accordance with the law on archives.

6. Within 15 days after a declassification decision is issued, the agency or organization that decides on the declassification shall notify such in writing to related agencies, organizations and individuals.

When receiving a notice on the declassification of state secrets under their management, related agencies, organizations and individuals shall embed a marking, issue a document or use another form to indicate the declassification.

Article 23. Destruction of state secret-containing documents and objects

1. State secret-containing documents and objects shall be destroyed in the following cases:

a/ When it is unnecessary to archive state secrets and the destruction does not cause harm to the national interests;

b/ The failure to immediately destroy state secrets will cause harm to the national interests.

2. The destruction of state secret-containing documents and objects must meet the following requirements:

a/ Not to result in leak or loss of state secrets;

b/ State secret-containing documents and objects are impacted by the destruction process and have their shape, features and utilities changed;

c/ After being destroyed, the shape, features, utilities and contents of state secret-containing documents and objects cannot be recovered.

3. The competence to destroy state secret-containing documents and objects is prescribed as follows:

a/ The competent persons defined in Clauses 1 and 2, Article 11 of this Law are competent to decide on destruction of state secret-containing documents and objects;

b/ The Minister of Defense and Minister of Public Security shall define the competence to destroy state secret-containing documents and objects under their management;

c/ Persons currently managing state secret-containing documents and objects may decide to destroy them in the case specified at Point b, Clause 1 of this Article and shall immediately report in writing the destruction to the heads of related agencies or organizations.

4. The destruction of state secret-containing documents and objects in the case specified at Point a, Clause 1 of this Article is prescribed as follows:

a/ The competent persons defined at Point a or b, Clause 3 of this Article shall decide to establish councils for destruction of state secret-containing documents and objects;

b/ A council for destruction of state secret-containing documents and objects shall be composed of its chairperson being a representative of leaders of the agency or organization keeping state secret-containing documents and objects; persons keeping state secret-containing documents and objects, and representatives of related agencies and organizations;

c/ The council for destruction of state secret-containing documents and objects shall review state secret-containing documents and objects that are requested to be destroyed and report such to the competent persons defined at Point a or b, Clause 3 of this Article for decision;

d/ A to-be-archived destruction dossier must comprise the decision to establish the council for destruction of state secret-containing documents and objects; the list of state secret-containing documents and objects that are requested to be destroyed; records of the council’s meeting; the destruction decision and record, and other relevant documents.

5. The destruction of state secret-containing documents and objects in the cipher sector must comply with the law on cipher; the destruction of state secret-containing documents and objects archived by historical archives centers must comply with the law on archives.

Chapter IV

RESPONSIBILITIES FOR PROTECTION OF STATE SECRETS

Article 24. Responsibilities of agencies and organizations for protection of state secrets

1. The Government shall perform the unified state management of protection of state secrets.

2. The Ministry of Public Security shall take responsibility before the Government for performing the state management of protection of state secrets and has the following tasks and powers:

a/ To develop and propose guidelines, policies, plans and option plans to protect state secrets;

b/ To formulate and submit to competent agencies for promulgation or promulgate according to its competence legal documents on protection of state secrets; to guide the work of protection of state secrets;

c/ To organize the provision of professional training and knowledge of state secret protection;

d/ To prevent and combat violations of the law on protection of state secrets;

dd/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on protection of state secrets;

e/ To conduct international cooperation on protection of state secrets as assigned by the Government;

g/ To specify specimens of markings indicating degrees of secrecy, forms of documents and other means indicating degrees of secrecy, and forms of papers on protection of state secrets.

3. Within the ambit of their tasks and powers, the Office of the Party Central Committee, Party committees and Party caucus committees under the Party Central Committee; central bodies of socio-political organizations or social organizations; Ethnic Council, Committees of the National Assembly, agencies of the Standing Committee of the National Assembly, and Office of the National Assembly; Office of the President; ministries, ministerial-level agencies and government-attached agencies; Supreme People’s Court; Supreme People’s Procuracy; State Audit Office of Vietnam; provincial-level Party Committees, delegations of National Assembly deputies, and provincial-level People’s Councils and People’s Committees have the following responsibilities:

a/ To organize the work of protection of state secrets;

b/ To formulate and submit to competent agencies for promulgation or promulgate according to their competence specialized documents related to protection of state secrets under their management in accordance with this Law;

c/ To promulgate, and organize the implementation of, regulations on protection of state secrets of agencies, organizations or localities;

d/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on protection of state secrets for their affiliated agencies, organizations and individuals;

dd/ To assign their employees to perform the tasks of protecting state secrets, and implement the regime of reporting on protection of state secrets according to the Government’s regulations.

4. The Ministry of National Defense shall take responsibility before the Government for performing the state management of protection of state secrets under its management and performing the responsibilities prescribed in Clause 3 of this Article.

5. The Government Cipher Committee has the following responsibilities:

a/ To carry out the work of protection of state secrets in the cipher sector in accordance with this Law and relevant laws;

b/ To advise the Government to build and develop the national cryptographic information system; to manage the research, production, provision and use of cryptographic products to protect information classified as state secrets;

c/ To perform the responsibilities specified in Clause 3 of this Article.

Article 25. Responsibilities of heads of agencies and organizations directly managing state secrets

1. To promulgate internal rules on protection of state secrets in their agencies and organizations, except the agencies and organizations specified in Clause 3, Article 24 of this Law.

2. To direct, inspect and urge the implementation of laws and regulations and internal rules on protection of state secrets in their agencies and organizations.

3. To direct the handling, and promptly notify competent agencies, of the leak or loss of state secrets under their management.

4. To organize the withdrawal of state secret-containing documents and objects when the persons assigned to manage state secrets quit their jobs, change their jobs, retire, die, or for other reasons are no longer assigned to manage state secrets.

Article 26. Responsibilities of persons accessing or managing state secrets

1. Persons who access state secrets shall:

a/ Comply with laws, and agencies’ or organizations’ regulations and internal rules on protection of state secrets;

b/ Take measures to protect state secrets;

c/ Use state secrets for proper purposes;

d/ Comply with the requests and instructions of agencies and organizations managing state secrets.

2. Persons managing state secrets shall:

a/ Perform the responsibilities specified in Clause 1 of this Article;

b/ Propose competent persons to decide on the application of measures to protect state secrets under the former’s management;

c/ In case of detecting violations in state secret protection activities, take measures to handle, report such to the competent persons for handling, and notify agencies or organizations having identified state secrets for the latter to take remedial measures;

d/ Before they quit their jobs, change their jobs, retire or for other reasons are no longer assigned to manage state secrets, hand over state secrets to competent agencies or organizations for management and commit to protect the state secrets they have managed.

Chapter V

IMPLEMENTATION PROVISIONS

Article 27. Effect

1. This Law takes effect on July 1, 2020, except the case prescribed in Clause 2 of this Article.

2. This Law’s provisions regarding the compilation, appraisal and promulgation of the list of state secrets, the duration for protection of state secrets, and extension of the duration for protection of state secrets, take effect on January 1, 2019.

3. Ordinance No. 30/2000/PL-UBTVQH10 on Protection of State Secrets ceases to be effective on the effective date of this Law.

Article 28. Transitional provisions

The protection duration of state secrets identified before January 1, 2019, must be determined under Clause 1, Article 19 of this Law. Agencies and organizations that have identified such state secrets shall complete the determination of the duration for protection of these state secrets before July 1, 2021.

In case the duration for protection of a state secret expires before the effective date of this Law, such duration shall be extended under Article 20 of this Law. In case such duration is not extended, the declassification shall be carried out under Ordinance No. 30/2000/PL-UBTVQH10 on Protection of State Secrets.

In case the duration for protection of a state secret expires after the effective date of this Law, if such state secret is on a list of state secrets promulgated in accordance with this Law, it will continue to be protected until the date of expiry of the duration already determined or extended; in case the state secret is no longer on the list of state secrets, it shall be declassified in accordance with this Law.

This Law was passed on November 15, 2018, by the XIV ^th National Assembly of the Socialist Republic of Vietnam at its 6^th session.-

Chairwoman of the National Assembly
Nguyen Thi Kim Ngan