Taking Documents Containing State Secrets Out of Their Storage Places Must Comply with Which Regulations?
Documents and Objects Containing State Secrets are Allowed to be Copied, Photographed When Permitted by Whom?
Based on Article 3 of the Regulation issued with Resolution 757/ND-CP The Standing Committee of the National Assembly dated 2023, it is stipulated as follows:
Copying, photographing state secret documents, objects
1. In cases where documents and objects containing state secrets are allowed to be copied, photographed, the authority to permit copying, photographing such documents and objects containing state secrets is stipulated as follows:
a) The Chairperson of the National Assembly, Secretary-General of the National Assembly, Chairpersons of the Ethnic Council, Chairs of the Committees of the National Assembly, Chief of the Office of the National Assembly, Chairs of Committees of the Standing Committee of the National Assembly, or Director of the Legislative Research Institute are authorized to permit copying, photographing documents and objects containing state secrets classified as Top Secret, Confidential, Secret;
b) Directors of departments, heads of units within the Office of the National Assembly, excluding the heads of public service providers, have the authority to permit copying, photographing documents and objects containing state secrets classified as Top Secret, Confidential, Secret;
c) Heads of public service providers of the Office of the National Assembly; heads of equivalent-level units of public service providers within the Office of the National Assembly and the Legislative Research Institute have the authority to permit copying, photographing documents and objects containing state secrets classified as Confidential, Secret;
d) Heads of departments within departments, units of the Office of the National Assembly and the Legislative Research Institute have the authority to permit copying, photographing documents and objects containing state secrets classified as Secret.
Thus, documents and objects containing state secrets are allowed to be copied or photographed with the permission of the following entities:
- The Chairperson of the National Assembly, Secretary-General of the National Assembly, Chairs of the Ethnic Council, Chairs of the Committees of the National Assembly, Chief of the Office of the National Assembly, Chairs of the Committees of the Standing Committee of the National Assembly, or Director of the Legislative Research Institute for documents and objects containing state secrets classified as Top Secret, Confidential, Secret.
- Directors of departments, heads of units within the Office of the National Assembly, excluding the heads of public service providers, for documents and objects containing state secrets classified as Top Secret, Confidential, Secret.
- Heads of public service providers within the Office of the National Assembly; heads of equivalent-level units of public service providers within the Office of the National Assembly and the Legislative Research Institute for documents and objects containing state secrets classified as Confidential, Secret.
- Heads of departments within departments, units within the Office of the National Assembly, and the Legislative Research Institute for documents and objects containing state secrets classified as Secret.
What regulations must be adhered to when transporting documents containing state secrets outside of preservation locations?
What regulations must be adhered to when transporting documents containing state secrets outside of preservation locations?
Based on Article 4 of the Regulation issued with Resolution 757/ND-CP The Standing Committee of the National Assembly dated 2023, the following content is stipulated:
Transporting documents and objects containing state secrets outside of preservation locations
1. The transportation of documents and objects containing state secrets outside of preservation locations for domestic tasks must be authorized by the head of the agency, unit, or the deputy authorized by the head of the agency, unit directly managing the state secret.
2. The transportation of documents and objects containing state secrets outside of preservation locations for international tasks must be authorized by the head of the agency or the deputy authorized by the head of the agency directly managing the state secret and must be reported to the head of the task delegation.
3. The person assigned to transport documents and objects containing state secrets outside of preservation locations for tasks must submit a written request to the authorized persons stipulated in Clause 1 or Clause 2 of this Article, specifying full name, position, agency, unit of work; type, number, symbols, summary of content, classification of the document, object containing state secrets; purpose of use; time, location of the task; and measures for protecting state secrets.
Immediately after completing the task, the person transporting documents and objects containing state secrets outside of preservation locations must return the documents, objects containing secrets to the managing agency and report to the authorized persons stipulated in Clause 1 or Clause 2 of this Article on the management and use of state secrets.
4. Documents and objects containing state secrets must be securely protected during the time they are outside of the preservation location. If there is a discovery of state secrets being disclosed or lost, the person transporting the documents and objects containing state secrets must immediately report in writing to the head of the managing agency, unit; if on an international task, the head of the task delegation must be notified immediately to take appropriate measures and mitigate consequences.
Thus, the transportation of documents containing state secrets outside of preservation locations must comply with the above-mentioned regulations.
Documents and objects containing state secrets transported outside of preservation locations for domestic tasks must be authorized by the head of the agency, unit, or the deputy authorized by the head of the agency, unit directly managing the state secret.
How long are state secrets protected?
According to Article 8 of the Regulation issued with Resolution 757/ND-CP The Standing Committee of the National Assembly dated 2023 concerning the duration of state secret protection, it is stipulated as follows:
State secret protection duration
1. The duration for the protection of state secrets shall be implemented as stipulated in Clause 1 Article 19 of the Law on Protection of State Secrets.
2. The duration for the protection of state secrets concerning activities can be shorter than the duration stipulated in Clause 1 Article 19 of the Law on Protection of State Secrets, determined by the person with the authority to define state secrets, classification of state secrets as stipulated in Clause 1 Article 2 of this Regulation, and it must be specifically stated in the documents, objects containing state secrets when defining the classification.
Referencing Article 19 of the Law on Protection of State Secrets 2018 as follows:
State secret protection duration
1. The duration for the protection of state secrets is the time calculated from the date of classification of the state secret to the end of the following terms:
a) 30 years for state secrets classified as Top Secret;
b) 20 years for state secrets classified as Confidential;
c) 10 years for state secrets classified as Secret.
2. The duration for the protection of state secrets for activities can be shorter than the duration stipulated in Clause 1 of this Article and must be specifically stated in the documents, objects containing state secrets when determining the classification.
3. The duration for protecting state secrets concerning locations ends when the authorized agency, organization no longer uses the location to keep state secrets.
Thus, generally, state secrets are protected for a specified period, depending on the classification of the state secret to determine the protection duration as per the above regulations.
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