Is the Government Cipher Committee of Vietnam subject to direct operational direction from the Minister of National Defense?

Main Content

• Is the Government Cipher Committee of Vietnam subject to direct operational direction from the Minister of National Defense?
• Does the Government Cipher Committee have the right to inspect the encryption of state secrets in Vietnam?
• In addition to the Government Cipher Committee, which organizations does the cipher force include?

Is the Government Cipher Committee of Vietnam subject to direct operational direction from the Minister of National Defense?

Under the provisions of Article 6 of the Cipher Law 2011 on the cipher-related state management responsibilities:

Cipher-related state management responsibilities

1. The Government performs the unified slate management of cipher.

2. The Minister of National Defense shall take responsibility before the Government for performing the stale management of cipher and personally direct the operation of the Government Cipher Committee.

3. The Government Cipher Committee is the national cryptographic agency performing the specialized management of cipher and assisting the Minister of National Defense in performing the state management of cipher.

4. Competent agencies of the Communist Party of Vietnam shall manage cipher within the scope under their charge.

5. Ministers and heads of ministerial-level agencies shall, within the scope of their respective tasks and powers, coordinate with the Minister of National Defense in performing the state management of cipher.

6. The People's Committees at all levels shall perform the state management of cipher under the Government's decentralization.

According to the above regulations, the Government Cipher Committee of Vietnam is under direct operational direction from the Minister of National Defense.

Thus, the Government Cipher Committee is the national cryptographic agency performing the specialized management of cipher and assisting the Minister of National Defense in performing the state management of cipher.

Does the Government Cipher Committee have the right to inspect the encryption of state secrets in Vietnam?

Under the provisions of Article 21 of the Cipher Law 2011, there are regulations on the tasks and powers of the Government Cipher Committee of Vietnam as follows:

Tasks and powers of the Government Cipher Committee

1. To advise and propose the Minister of National Defense to promulgate or submit to competent agencies for promulgation strategies, policies and legal documents on cipher.

2. To assist the Minister of National Defense in:

a/ Organizing the implementation of cipher strategies, policies and laws;

b/ Directing and coordinating with concerned agencies in building cipher organizations in a uniform and strict manner and building a clean, strong and firm cipher force with good qualifications and operations;

c/ Organizing the establishment and unified management of cipher liaison network systems; managing and controlling the use of code products nationwide;

d/ Submitting to the Government regulations on the organizational apparatus and payroll of the Government Cipher Committee,

3. To organize and direct the training and retraining in coding operations and techniques within the entire cipher sector.

4. To organize and uniformly manage the cipher scientific research and technological development for the protection of state secrets; to coordinate with concerned agencies and organizations in managing the import of equipment and technologies for research and production of code products.

5. To perform the unified management of and ensure coding operations and techniques for cipher activities nationwide; to produce and supply code products for the protection of state secrets and build physical and technical foundations for developing a regular and modern cipher force.

6. To ensure the readiness of the cipher liaison network system, the reserve forces and code product reserve sources for effectively coping with all circumstances.

7. To perform the tasks of a key planning and investment and central budget unit; to directly manage its physical foundations, technical facilities and equipment.

8. To coordinate with related agencies and organizations in organizing the implementation and inspection of the encoding of state secrets.

9. To organize the protection of confidentiality of code products and other state secrets in cipher activities.

10. To coordinate with related agencies and organizations in the management of activities of researching, producing, dealing in and using codes to serve socio-economic development; and to provide information confidentiality and safety services for agencies, organizations and individuals in accordance with law.

11. To inspect, examine and settle complaints and denunciations and handle violations related to cipher in accordance with law.

12. To implement international cooperation on cipher.

13. To perform other tasks and powers defined by law.

Thus, the Government Cipher Committee of Vietnam has tasks and powers under the above regulations. In particular, the Government Cipher Committee has the right to inspect the encryption of state secrets.

In addition to the Government Cipher Committee, which organizations does the cipher force include?

The organization of the cipher force is specified in Article 22 of the Cipher Law 2011 as follows:

Organization of the cipher force

1. The Government Cipher Committee

2. Cipher organizations of ministries and central authorities, including:

a/ The system of cipher organizations of the People's Army;

b/ The system of cipher organizations of the People's Public Security;

c/ The system of diplomacy cipher organizations;

d/ The system of cipher organizations in CPV agencies, other central and local authorities.

3. Cipher organizations within the cipher systems of ministries and central authorities defined in Clause 2 of this Article are independent bodies placed under the leadership of competent agencies of the Communist Party of Vietnam, the direction by heads of cipher users and the operational management by superior cipher organizations.

4. The Government shall provide for the establishment and dissolution of cipher organizations and the organizational structure of the Government Cipher Committee.

Thus, according to this regulation, in addition to the Government Cipher Committee, the cipher force also includes the cipher organizations of ministries and central authorities:

- The system of cipher organizations of the People's Army;

- The system of cipher organizations of the People's Public Security;

- The system of diplomacy cipher organizations;

- The system of cipher organizations in CPV agencies, other central and local authorities.

Cipher organizations within the cipher systems of ministries and central authorities are independent bodies placed under the leadership of competent agencies of the Communist Party of Vietnam, the direction by heads of cipher users and the operational management by superior cipher organizations.