How to determine state secrets and confidentiality of state secrets in Vietnam according to current regulations?
How shall confidentiality of state secrets be denoted?
Pursuant to Article 10 of the 2018 Law on Protection of State Secrets in Vietnam stipulating as follows:
Determination of state secrets and confidentiality of state secrets
1. State secrets and confidentiality thereof must be determined according to state secrets lists and regulations of this Law.
2. Heads of regulatory bodies and organizations shall determine state secrets, confidentiality thereof, scope of distribution and whether duplication or photographing of containers of such state secrets is permitted. When a state secret of another regulatory body or organization is used, its confidentiality level must be determined as appropriate. If different pieces of information in the container of a state secret included in a state secret list have different confidentiality levels, the highest level shall prevail.
3. Confidentiality of state secrets shall be denoted by confidentiality markings, confidentiality notices or in other forms suitable to state secret containers.
4. The Government shall elaborate this Article.
Thus, the secrecy of a state secret may be expressed by a sign of confidentiality, a document defining the secrecy or another form suitable to the form containing a state secret.
How to determine state secrets and confidentiality of state secrets in Vietnam according to current regulations?
How to determine state secrets and confidentiality of state secrets in Vietnam?
In Article 2 of Decree No. 26/2020/ND-CP stipulating as follows:
Determination of state secrets and confidentiality of state secrets
1. The creator of information included in a state secrets list must request the head of their regulatory body or organization to determine such information as a state secret, level of confidentiality and recipient of this state secret, number of copies to be distributed and whether the container of this state secret may be reproduced and/or photographed in the application for approval or in the notice of confidentiality of the object, location, speech or activity containing the state secret; and protect the state secret during the creation process. A document containing a state secret must specify the recipient, number of copies distributed, creator name and whether reproduction and/or photographing is/are permitted in the recipient section of the document. If it is an electronic document, the creator shall leave a confidentiality marking on the document after it is identified as a state secret and its confidentiality level is determined by the competent person; electronic documents printed for distribution must bear confidentiality markings as per regulations.
2. The recipient of information included in a state secrets list but not yet determined as a state secret must report to the head of their regulatory body or organization and deliver the information to the unit with competence in handling. The person assigned to handle such information shall request the competent head of regulatory body or organization to determine such information as a state secret, level of confidentiality and recipient of this state secret, number of copies distributed and whether the container of this state secret may be reproduced and/or photographed in writing. The information received must be protected during the receipt and handling processes.
3. The Ministry of Public Security shall stipulate specimen state secret confidentiality markings and specimen state secret confidentiality notices.
Thus, the determination of state secrets and the confidentiality of state secrets shall be carried out as prescribed above.
What is the adjustment of confidentiality of state secrets based on?
Article 12 of Circular No. 104/2021/TT-BCA provides as follows:
Adjustment of confidentiality
1. Confidentiality adjustment means the increase or decrease of the determined confidentiality of a state secret.
2. Confidentiality adjustment must be based on the list of state secrets in sectors and fields promulgated by the Prime Minister of Vietnam.
3. The authorized head or deputy level of the People's Public Security unit determining the confidentiality of state secrets has the authority to decide to adjust the confidentiality of state secrets.
4. After issuing the decision on privacy adjustment, the privacy-adjusting People's Public Security unit must affix a seal or have a document or other form specifying the increase in confidentiality or decrease in confidentiality.
5. Within 15 days from the date the competent person specified in Clause 3 of this Article decides to adjust the confidentiality, the People's Public Security unit that adjusts the confidentiality must notify in writing relevant agencies, organizations and individuals.
The People's Public Security Unit that receives the notice of privacy adjustment shall have to affix a seal or have a document or other form determine the corresponding confidentiality adjustment for state secrets under its management.
6. The seal sample for adjusting the confidentiality shall comply with the provisions of Circular No. 24/2020/TT-BCA.
Compared with the above regulations, the adjustment of the confidentiality of state secrets is based on the list of state secrets in the branches and domains promulgated by the Prime Minister of Vietnam.
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