Nghị định 33/2002/NĐ-CP của Chính phủ quy định chi tiết thi hành Pháp lệnh Bảo vệ bí mật Nhà nước

DECREE

DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON THE PROTECTION OF STATE SECRETS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

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

At the proposal of the Minister of Public Security,

DECREES:

Chapter I

ELABORATION, DECISION AND PROMULGATION OF LISTS OF STATE SECRETS

Article 1.-Persons responsible for elaborating lists of State secrets

The Chief Judge of the Supreme People’s Court, the Chairman of the Supreme People’s Procuracy, the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government; the heads of the political organizations, socio-political organizations or social organizations at the central level shall have to make lists of State secrets of their respective agencies or organizations. The presidents of the People’s Committees of the provinces or centrally-run cities shall have to make lists of State secrets of their respective localities on the basis of proposals of their departments, sections and immediate subordinate People’s Committees.

The Supreme People’s Court, the Supreme People’s Procuracy, the ministries, the ministerial-level agencies, the agencies attached to the Government, the political organizations, the socio-political organizations, the social organizations and the People’s Committees of the provinces and centrally-run cities are hereinafter referred collectively to as the central and local agencies and organizations.

Article 2.-Persons authorized to elaborate lists of State secrets

Authorized persons defined in the Ordinance on the Protection of State Secrets include the chief of the Party Central Committee’s Office and the heads of the Commissions of the Communist Party of Vietnam; the director of the National Assembly’s Office; and the director of the State President’s Office.

Article 3.-Elaboration of lists of State secrets

Basing themselves on the scope of State secrets prescribed in Articles 5, 6 and 7 of the Ordinance on the Protection of State Secrets, the persons responsible for elaborating lists of State secrets or the authorized persons shall have to:

1. Elaborate lists of State secrets categorized as Strictly Confidential or Top Secret and submit them to the Prime Minister after they are appraised by the Ministry of Public Security.

2. Elaborate lists of State secrets categorized as Confidential and submit them to the Minister of Public Security.

3. In the first quarter each year, propose the amendment and supplement to or declassification of lists of State secrets of the Strictly Confidential, Top Secret or Confidential degree to the competent authorities defined in Clauses 1 and 2 of this Article.

Article 4.-Appraisal of and decision on lists of State secrets

1. The Prime Minister shall decide on the lists of State secrets categorized as Strictly Confidential or Top Secret of the central and local agencies and organizations.

2. The Minister of Public Security shall decide on the lists of State secrets categorized as Confidential after reaching agreements with the heads of the central and local agencies and organizations; and appraise lists of State secrets of the Strictly Confidential or Top Secret degree of the central and local agencies and organizations for further submission thereof to the Prime Minister for decision.

Article 5.-Promulgation of lists of State secrets

1. The promulgation of lists of State secrets of central or local agencies or organizations must be decided on the basis of nature and confidentiality of the State secrets of the central and local agencies and organizations with secret contents presented on such lists.

2. Upon submitting lists of State secrets of the Strictly Confidential and Top Secret degrees to the Prime Minister or upon sending lists of State secrets categorized as Confidential to the Minister of Public Security, the central and local agencies and organizations shall have to propose the promulgation or non-promulgation of their respective lists of State secrets. The Ministry of Public Security shall propose the promulgation and non-promulgation of lists of State secrets of the Strictly Confidential and Top Secret degrees of the central and local agencies and organizations to the Prime Minister.

3. The authorities competent to decide on lists of State secrets shall decide whether a list of State secrets of each central or local agency or organization is promulgated or not.

Chapter II

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND CITIZENS FOR PROTECTING STATE SECRETS

Article 6.-Prescription on the confidentiality of each kind of documents or objects bearing State secrets

Basing themselves on the lists of State secrets already decided by the competent authorities, the heads of the central and local agencies and organizations or their authorized persons shall have to prescribe in writing the confidentiality (Strictly Confidential, Top Secret or Confidential) of each kind of documents or objects bearing State secrets of the central and local agencies and organizations under their respective management.

Article 7.-Confidentiality classification and stamping on documents or objects bearing State secrets

1. Documents and objects bearing State secrets shall, depending on their respective confidentiality, be affixed stamps showing their confidentiality: Strictly Confidential, Top Secret or Confidential.

2. When compiling documents containing State secrets, the document compilers shall have to propose the confidentiality of each document, while persons who approve and sign such documents shall have to decide to affix stamps showing confidentiality and circulation scope thereof.

3. Objects bearing State secrets must be accompanied by documents clearly inscribing names of such objects and being affixed with the confidentiality stamps.

4. The Ministry of Public Security shall prescribe the model stamps for the confidentiality.

Article 8.-Printing, duplication, photocopying of documents and objects bearing State secrets

1. The printing, duplication and photocopying of documents and objects bearing State secrets must be carried out in compliance with the following regulations:

a/ They must be carried out at secret and safe places prescribed by the leaders of the central and local agencies and organizations directly managing such documents and objects bearing State secrets.

b/ Persons responsible for elaborating lists of State secrets defined in Article 1 or their authorized persons shall decide on the printing, duplication or photocopying of documents and objects bearing State secrets and specifically record the volumes of printed, duplicated or photocopied documents and objects. The printed, duplicated or photocopied documents and objects must be kept secret like the original ones. The printing, duplication or photocopying must be made exactly with the prescribed number of copies. After the printing, duplication or photocopying is finished, they shall have to re-check the number of copies and destroy superfluous as well as defective copies.

c/ After the typing, printing, duplication or photocopying of secret documents is finished, such documents copies must be affixed with confidentiality stamps and retrieval stamps (if necessary), be paged, and inscribed with the number of copies, circulation scope, places of reception, names of typists, printers, editors, duplicators and photocopiers.

d/ Computers already hooked up to the Internet shall not be used for typing, printing or duplicating secret documents.

2. State secrets, which are duplicated or photocopied in form of tapes or disks, must be contained in sealed envelopes affixed with confidentiality stamps and inscribed with the names of duplicators or photocopiers.

Article 9.-Popularization and study of news classified as State secrets

The popularization and study of news classified as State secrets must be conducted according to the following principles:

1. To the right subjects and within the prescribed scope of popularization or study.

2. Such activities are organized at secret and safe places.

3. The written, audio or visual records of secrets shall be made only when so permitted by the heads of agencies and organizations directly managing such secrets. Audio or video tapes must be managed and protected like the original documents.

Article 10.-Transportation, delivery and reception of documents and objects bearing State secrets

Documents and objects bearing State secrets, upon being transported, delivered or received, shall be subject to the following regulations:

1. The transportation, delivery and reception of documents and objects bearing State secrets within the country shall be carried out by secret-keeping officials or liaison officers of the agencies and organizations. The transportation, delivery and reception of documents and objects bearing State secrets by mail must comply with specific regulations of the post service.

2. The transportation, delivery and reception of documents and objects bearing State secrets among agencies and organizations at home and agencies and organizations of the Vietnamese State abroad shall be carried out by the diplomatic liaison force.

3. All cases of transportation, delivery and reception of documents and objects bearing State secrets through liaison units must be effected on the principle of keeping containing envelopes tight and seals thereon intact.

4. When documents and objects bearing State secrets are transported, there must be adequate preservation means and security personnel to ensure safety thereof during the transportation.

5. Places of delivery and places of reception must organize the check and comparison in order to detect mistake or loss for timely handling; the delivery and reception must be fully recorded in a separate monitoring book with the receiver’s signature.

6. Officials on working trips shall only be allowed to carry along documents and/or objects classified as State secrets related to their assigned tasks; must obtain their direct leaders approvals and make registration thereof with the secret-keeping sections; must devise plans for protecting such documents and objects bearing State secrets during their working trips; and shall have to coordinate with the secret-keeping sections in checking and returning them to their agencies upon fulfilling their tasks.

Article 11.-Statistics, keeping and preservation of documents and objects bearing State secrets

1. Agencies, organizations and localities that keep State secrets shall have to make statistics of their documents and/or objects classified as State secrets according to the temporal order and confidentiality.

2. Documents and objects classified as State secrets of the Strictly Confidential and Top Secret degrees must be separately kept with preservative and protective means in order to ensure their safety. The heads of agencies and organizations directly managing State secrets shall have to regularly inspect and direct the statistical work, keeping and preservation of State secrets within the ambit of their respective competence.

Article 12.-Registration of inventions, innovations and utility solutions with contents classified as State secrets

1. Agencies, organizations and individuals that have inventions, innovations and/or utility solutions with contents classified as State secrets shall have to register them at the agency in charge of the State management over science and technology.

The registration of inventions, innovations and utility solutions with contents classified as State secrets of the Ministry of Defense, the Ministry of Public Security and the Government Cipher Commission shall be governed by separate regulations.

2. The State science and technology management agency shall have to keep and preserve such inventions, innovations and utility solutions according to current provisions of the legislation on protection of State secrets.

Article 13.-Zones and places classified as State secrets

Zones and places classified as State secrets must be numbered, given code numbers, code names or secret marks or put up with restricted zone signboards and fully subject to the management and secrecy regime as prescribed by this Decree.

Article 14.-Protection of restricted zones and places, places where State secrets are kept, and places where activities with contents classified as State secrets are carried out

Restricted zones and places, places where State secrets are kept, and places where activities with contents classified as State secrets are carried out (including places for printing, duplication or photocopying; places for meeting and briefing on State secrets; stores for keeping encrypted products, places for decoding, communicating and receiving secret information; places for conducting scientific research and experiments with contents classified as State secrets) must be safeguarded under internal security regulations. Unauthorized persons must not approach them. Officials who come to work must produce letters of introduction together with their people’s identity cards, and shall be received and arranged to work in exclusive rooms. Depending on the security characteristics and requirements of each place, to organize a full-time or part-time security force; organize patrols, watch and strict control of persons in and out, and furnish technical devices for protection.

Article 15.-Protection of secrets being national codes

1. National codes are State secrets of the Strictly Confidential degree.

2. The Government Cipher Commission shall assist the Government in unifying the State management over cipher. The study, creation, supply, management and use of codes shall comply with the provisions of the Cipher Ordinance.

3. Agencies, organizations and individuals are strictly prohibited to study, create and use codes at their own initiative to conduct activities infringing upon the national security.

Article 16.-Protection of State secrets when being transmitted by communications means

Contents of State secrets, when being transmitted by telecommunications and computer means, must be encrypted according to the provisions of the legislation on cipher.

Article 17.-Protection of State secrets in publishing, press or other mass media activities

1. Agencies, organizations and individuals must not supply news classified as State secrets to the press agencies.

2. The heads of the publishing and press agencies and journalists shall have to abide by the regulations on protection of State secrets according to the Press Law and legal documents on protection of State secrets.

Article 18.-Supply of news classified as State secrets to Vietnamese agencies, organizations and citizens

1. Persons who are assigned to inquire into and gather news classified as State secrets shall have to produce their people’s identity cards together with their agencies letters of introduction, clearly inscribing the inquiry and gathering contents and requirements, and obtain consents of the competent authorities of the secret-keeping agencies or organizations.

2. The State secret-keeping agencies and organizations, when supplying news classified as State secrets to Vietnamese agencies, organizations and individuals, must obtain the approval of competent authorities according to the following regulations:

a/ State secrets of the Strictly Confidential and Top Secret degrees shall be approved by the heads of the central and local agencies and organizations.

b/ State secrets of the Confidential degree shall be approved by the departmental directors (or equivalent positions) of the central agencies or organizations and the directors (or equivalent positions) of the provincial/municipal Services.

Article 19.-Protection of State secrets in contacts with foreign organizations and individuals

1. Vietnamese agencies, organizations and citizens, in their contacts with foreign organizations and individuals, must not disclose State secrets.

2. When undertaking international cooperation programs or performing public missions, if they are requested to supply news classified as State secrets to foreign organizations and individuals, they must comply with the following principles:

a/ Protecting the national interests.

b/ Supplying only news already approved by the competent authorities according to the following regulations:

+ State secrets of the Strictly Confidential shall be approved by the Prime Minister;

+ State secrets of the Top Secret degree shall be approved by the Minister of Public Security. Particularly, those in national defense shall be approved by the Minister of Defense;

+ State secrets of the Confidential shall be approved by the heads or their authorized persons of the central and local agencies and organizations.

c/ Requesting the news receivers to use such news for right purposes as agreed and not to disclose them to the third party.

Article 20.-Carrying abroad documents and/or objects bearing State secrets

Vietnamese citizens, who wish to carry abroad documents and/or objects bearing State secrets in service of their work or scientific research, must ask for permission of the heads of the central and local agencies or organizations or their authorized persons. While staying abroad, they must apply measures to manage and keep secret such documents and/or objects. The supply thereof to foreign organizations and individuals must comply with the provisions in Article 19 of this Decree.

Article 21.-Destruction of documents and objects bearing State secrets

1. The destruction of documents and objects bearing State secrets of the Strictly Confidential, Top Secret and Confidential degrees of the central agencies and organizations or the provinces and centrally-run cities shall be decided by the departmental directors (or equivalent positions) or the provincial/municipal Services directors (or equivalent positions) respectively (for codes, the regulations of the Government Cipher Commission shall apply).

2. The process of destruction of documents and objects bearing State secrets must ensure the requirement that no State secret is disclosed or leaked out. The destruction of objects classified as State secrets must deform them and change their properties and utility. The destruction of documents must be effected through burning, shredding or milling to ensure that they cannot be recovered.

3. In special cases where there are no conditions for organizing the destruction of documents and/or objects bearing State secrets according to the above regulations, but such documents and/or objects, if not immediately destroyed, may seriously harm the national security and defense or other interests of the State, the persons currently managing the said documents and/or objects may destroy them by themselves but shall, immediately after the destruction, have to report it in writing to the heads of their agencies or organizations and police offices of the same level. If the destruction of documents and/or objects bearing State secrets is carried out without plausible reasons, the destroyers shall be held responsible before law.

Article 22.-Commitment on protection of State secrets and criteria of officials doing jobs directly related to State secrets

1. Officials doing jobs directly related to State secrets (those engaged in cipher and liaison works, those assigned tasks of preserving and keeping State secrets) must be possessed of good qualities, have a high sense of responsibility, organizational discipline and alertness for keeping the State secrets; they must also be professionally qualified and capable of fulfilling their assigned tasks and make written commitments to protect the State secrets, which shall be submitted to the secret-keeping sections of the agencies or organizations for storage.

2. Persons assigned the task of getting access to State secrets in any form must strictly comply with the provisions of the legislation on protection of State secrets.

Article23.-Buildingof material and technical bases in service of the protection of State secrets

The building of material and technical bases in service of the protection of State secrets shall be decided by the heads of the central and local agencies and organizations and funded according to the provisions of the State Budget Law.

Article 24.-Inspections and examinations in the domain of protection of State secrets

1. Inspections and examinations in the domain of protection of State secrets shall be conducted periodically or extraordinarily for each case, against each individual, at each work stage, or each concerned agency or organization throughout the country.

2. The Ministry of Public Security shall have to organize the State inspection in the domain of protection of State secrets of the central agencies and organizations as well as the provinces and centrally-run cities.

3. The heads of the central and local agencies and organizations shall conduct the periodical or extraordinary examination of each unit under their respective management regarding the protection of State secrets. The periodical examination must be conducted at least once every two years.

4. The inspections and examinations in the domain of protection of State secrets must correctly assess the strong points and weak points; detect shortcomings and loopholes; and then propose measures to overcome them. After each inspection or examination, a report thereon must be sent to the superior managing agency and concurrently to the police office of the same level for monitoring purpose.

Article 25.-Regime of reporting, preliminarily and generally reviewing the protection of State secrets

1. The heads of the central and local agencies and organizations must fully observe the regime of reporting on the protection of State secrets within their respective management scope:

a/ Reporting on cases where State secrets are disclosed or lost or acts of violating the legislation on protection of State secrets and causing harms to the national security or the State’s interests.

b/ Comprehensively reporting on the protection of State secrets once a year.

2. The reporting regime shall be as follows:

a/ Reports of the central or local agencies and organizations shall be sent to their immediate superiors, and concurrently to the People’s Committees and police offices of the same levels.

b/ Reports of the central agencies and organizations and the People’s Committees of the provinces and centrally-run cities shall be sent to the Prime Minister and concurrently to the Ministry of Public Security.

3. The central agencies and organizations and the People’s Committees of the provinces and centrally-run cities shall organize the preliminary review of the protection of State secrets once a year, and the general review thereof once every five years. The reports on preliminary and general reviews shall be sent to the Prime Minister and concurrently to the Ministry of Public Security.

4. The Ministry of Public Security shall have to assist the Government in carrying out the preliminary review of the protection of State secrets once a year and the general review thereof once every five years throughout the country.

Article 26.-Formulation of the Regulations on protection of State secrets

Persons responsible for elaborating or persons authorized to elaborate lists of State secrets shall have to formulate the Regulations on protection of State secrets and organize the implementation thereof at their respective central and local agencies and organizations.

Article 27.-Responsibilities of the Ministry of Defense for protection of State secrets

The Ministry of Defense shall have to implement the provisions of this Decree, organize the protection of State secrets, conduct the inspection, examination and handling of violations in the protection of State secrets at agencies and units under their respective management.

Chapter III

COMMENDATION, REWARD AND HANDLING OF VIOLATIONS

Article 28.-Commendation and reward

Agencies, organizations and citizens that record one of the following merits shall be commended and/or rewarded according to provisions of law:

1. Detecting and promptly denouncing acts of illegally gathering, disclosing, causing loss of, appropriating, trading or destroying State secrets.

2. Overcoming all difficulties and dangers to safely protect State secrets.

3. Finding documents and/or objects classified as State secrets which have been lost; preventing or minimizing consequences of the illegal disclosure, appropriation, trading or destruction of State secrets committed by other persons.

4. Splendidly fulfilling the task of protecting State secrets according to their assigned powers and responsibilities.

Article 29.-Handling of violations

All violations of the regime of protection of State secrets must be investigated and verified. Persons who commit acts of violation shall, depending on the nature and consequences of their violations, be disciplined, administratively handled or examined for penal liability.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 30.-This Decree takes effect 15 days after its signing and replaces Decree No.84/HDBT of March 9, 1992 of the Council of Ministers promulgating the Regulation on protection of State secrets.

The previous stipulations which are contrary to this Decree are all now annulled.

Article 31.-The Ministry of Public Security shall have to guide and inspect the implementation of this Decree.

Article 32.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.