Are the answers to exam questions used in the high school graduation exam in Vietnam state secrets classified as Secret? What are the penalties imposed on individuals involved in purchasing or selling answers to exam questions used in the high school graduation exam?
Are the answers to exam questions used in the high school graduation exam in Vietnam state secrets classified as Secret?
According to Article 1 of Decision 531/QD-TTg 2023 on the List of state secrets in the education and training sector:
State secrets classified as Secret include:
1. Official exam questions, backup exam questions, answers to official exam questions, and answers to backup exam questions of high school graduation exams, national excellent student selection exams, and selection exams for international and regional Olympic teams that haven’t been published.
2. Information about individuals in the People's Army Force, People's Public Security Force, or Cipher Force who are sent for training domestically and abroad needs to be protected as requested by the sending party.
Therefore, the answers to exam questions used in the high school graduation exam are classified as state secrets classified as Secret according to current regulations.
Are the answers to exam questions used in the high school graduation exam in Vietnam state secrets classified as Secret? What are the penalties imposed on individuals involved in purchasing or selling answers to exam questions used in the high school graduation exam? (Image from the Internet)
What is the administrative penalty for disclosing exam questions used in the 2023 high school graduation exam in Vietnam?
According to the regulations in point a, clause 4, Article 19 of Decree 144/2021/ND-CP:
Violations against regulations on protection for classified information
1. A fine of from VND 1.000.000 to VND 3.000.000 shall be imposed for any of the following violations:
a) Falling to issue regulations on protection for classified information in agencies, organizations, or local authorities according to regulations of the Law;
b) Copying, keeping, transporting, giving or receiving classified documents or items in contravention of law;
c) Failing to withdraw classified documents or items according to regulations of the law;
d) Bringing classified documents or items out of the place of storage of the classified documents or items serving works without permission of competent persons;
dd) Failing to hand over classified documents and items in case of resignation, job transfer, retirement or failure to be assigned to continue to manage classified information;
e) Failing to use classified information for the stated purposes;
g) Failing to determine classified information for the documents that do not contain state secrets; mark classification level on the documents that do not contain state secrets in accordance with the law;
h) Determining the classification level in an inexact manner according to regulations of the Law.
i) Failing to determine or mark the classification level according to regulations of the Law.
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4. A fine of from VND 20.000.000 to VND 30.000.000 shall be imposed for any of the following violations:
a) Disclosing classified information; losing classified documents or items, but not to the extent of being prosecuted for penal liability;
b) Failing to post or spread classified documents on the mass media, the Internet, computer networks and telecommunications networks in accordance with regulations of the Law;
c) Failing to transmit classified documents on the mass media, telecommunications networks in accordance with regulations of the Law;
5. Additional penalty:
Confiscate the exhibits and means used for committing administrative violations specified in Points b, did Clauses 3 of this Article.
6. Remedial measures:
a) Enforced return of classified documents or items in case of the violations specified in Points b,d,dd Clause 1, Point a Clause 2, point d Clauses 3 of this Article;
b) Enforced withdrawal of classified documents or items in case of the violations specified in Point c Clause 1 of this Article;
c) Enforced removal of classified documents or items in case of the violations specified in Point a Clause 3, Points b and c Clause 4 of this Article;
d) Enforced restoration of original condition in case of administrative violations specified in Point c Clause 3 of this Article.".
Thus, individuals disclosing exam questions used in the 2023 high school graduation exam in Vietnam will be fined from 20,000,000 VND to 30,000,000 VND.
Note: The above fine applies to administrative violations committed by individuals. For organizations committing similar violations, the fine shall be doubled.
Organizations disclosing exam questions used in the 2023 high school graduation exam in Vietnam will be fined from 40,000,000 VND to 60,000,000 VND.
What are the penalties imposed on individuals involved in purchasing or selling answers to exam questions used in the high school graduation exam in Vietnam?
According to Article 337 of the Criminal Code 2015 (amended by Clause 125, Article 1 of Law Amending the Criminal Code 2017):
Deliberate disclosure of classified information; appropriation, trading, destruction of classified documents or items
1. Any person who deliberately discloses, appropriates, deals in or destroys classified information or items, except in the circumstances specified in Article 110 hereof, shall face a penalty of 02 - 07 years' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The information is classified as second-degree top secret;
b) The offender misuses his/her position or power to commit the offence;
c) The offence causes losses in terms of national defense and security or results in diplomatic, economic, or cultural damage.
3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:
a) The offence is committed by an organized group;
b) The information is classified as first-degree top secret;
c) The offence has been committed more than once;
d) The offence infringes upon the political regime, independence, sovereignty and territorial integrity of Vietnam.
4. Offenders may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding certain positions, practicing certain professions, or doing certain jobs for 01 to 05 years.
Thus, individuals involved in purchasing or selling answers to exam questions used in the high school graduation exam (which are state secrets classified as Secret) may face a penalty of 05 to 10 years' imprisonment.
Moreover, this offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:
- The offence is committed by an organized group;
- The offence has been committed more than once;
- The offence infringes upon the political regime, independence, sovereignty and territorial integrity of Vietnam.
Additionally, the offender may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding certain positions, practicing certain professions, or doing certain jobs for 01 to 05 years.
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