What does the List of State secrets classified as Confidential of the State President include? What is the protection period for State secrets classified as Confidential of the State President?
What does the List of State secrets classified as Confidential of the State President include?
According to Article 3 of Decision 1765/QD-TTg in 2020, the List of State Secrets of the State President includes:
State secrets classified as Confidential include:
1. Term reports of the President before presenting to the National Assembly of Vietnam; writings, speeches, interviews of the President, Vice President related to issues of religion, ethnicity, human rights, warfare, peace, national sovereignty that have not been disclosed.
2. Proposals, reports of the President before the National Assembly of Vietnam explaining unresolved issues on personnel election, dismissal, removal of the Vice President, Prime Minister, Chief Justice of the Supreme People's Court, Head of the Supreme People's Procuracy that have not been disclosed.
Proposals, reports of the President Office explaining unresolved issues on personnel proposed for appointment, dismissal, removal of the Deputy Prime Minister, Ministers and other members of the Government, Chief of Staff, Director of the General Department of Politics of the Vietnam People's Army, appointment and recall of Ambassadors of the Socialist Republic of Vietnam that have not been disclosed.
3. Detailed domestic work programs and plans of the President, Vice President.
4. Documents, opinions of the President, documents, materials of the President Office on reviewing applications for death sentence reduction, special pardons for cases involving national security violations, especially serious corruption that have not been disclosed.
5. Proposals, reports of the President Office seeking the President's directive on the participation of the People's Armed Forces in activities contributing to peacekeeping in the region and the world that have not been disclosed.
6. Proposals, reports of the President Office to the President for decisions on deprivation of Vietnamese nationality for subjects violating national security that have not been disclosed.
7. Reports, materials of the President Office serving the President's meetings with key leaders of the Communist Party and State, the Politburo, the Secretariat, the Central Military Commission, the Communist Party's Central Public Security Commission related to national defense, security assurance, and major socio-economic development directions of the country.
8. Technical designs related to the security and safety of the President Office's headquarters.
Thus, the List of State secrets classified as Confidential of the State President includes the aforementioned documents and items.
What does the List of State secrets classified as Confidential of the State President include? What is the protection period for State secrets classified as Confidential of the State President?
What is the protection period for State secrets classified as Confidential of the State President in Vietnam?
According to Article 19 of the Law on Protection of State Secrets 2018, the protection period is defined as follows:
Time period for state secrets protection
1. The time period in which a state secret is protected starts from the date on which its confidentiality level is determined until the expiration of:
a) 30 years, if the state secret is classified as “top secret”;
b) 20 years, if the state secret is classified as “secret”;
c) 10 years, if the state secret is classified as “confidential”.
2. The time period for protection of an operation concerning a state secret may be shorter than prescribed in Clause 1 herein and must be specified in the container of such secret upon determination of the confidentiality level.
3. The protection of a location concerning a state secret shall end when the competent authority or organization stops using such location to store the state secret.
Thus, the protection period for State secrets classified as Confidential of the State President in Vietnam is 10 years.
- However, the time period for protection of an operation concerning a state secret may be shorter than the above period and must be specified in the container of such secret upon determination of the confidentiality level.
- The protection of a location concerning a state secret shall end when the competent authority or organization stops using such location to store the state secret.
What are the cases of extension of the protection period for State secrets classified as Confidential of the State President in Vietnam?
According to Article 20 of the Law on Protection of State Secrets 2018, the extension of the protection period is regulated as follows:
Extension of state secrets protection period
1. A state secret may be protected for an extended period of time if the declassification of such secret jeopardizes national interest.
2. The head of the regulatory body or organization that determines the state secret shall decide the extension of its protection period no later than 60 days before the original protection period expires. Each extension shall comply with the duration defined in Clause 1 Article 19 of this Law.
3. After its protection period is extended, the state secret must bear the seal denoting the extension and have the extension notified in writing or via other forms.
4. The regulatory body or organization extending the protection period must notify relevant regulatory bodies, organizations and individuals of such extension no later than 15 days after the extension date.
After receiving the extension notice, relevant regulatory bodies, organizations and individuals shall put the seal denoting the extension on the state secrets under their management and notify the extension in writing or other forms.
Thus, the protection period for State secrets classified as Confidential of the State President in Vietnam can be extended if the declassification of such secret jeopardizes national interest.
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