Vietnam: What are the entities in charge of determining state secrets and their confidentiality levels? What are the regulations adjusting the confidentiality levels of state secrets?
- What are the entities in charge of determining state secrets and their confidentiality levels in Vietnam?
- What are the regulations adjusting the confidentiality levels of state secrets in Vietnam?
- What are the regulations on cases in which it is necessary to declassify state secrets in order to meet practical requirements for protecting national interests in Vietnam?
What are the entities in charge of determining state secrets and their confidentiality levels in Vietnam?
According to the provisions of Article 2 of the Regulation promulgated together with Resolution 757/NQ-UBTVQH15 in 2023 as follows:
Determination of state secrets and confidentiality levels of state secrets
1. Competence to determine state secrets and confidentiality levels of state secrets:
a/ The Chairman of the National Assembly shall determine state secrets and the confidentiality levels of state secrets for information of the National Assembly and the Standing Committee of the National Assembly.
The Chairman of the National Assembly may authorize the Vice Chairman of the National Assembly to determine state secrets and the confidentiality levels of state secrets. The authorization must be in writing;
b/ The General Secretary of the National Assembly, the Chairman of the National Council, the Chairman of the National Assembly Committee, the Head of the National Assembly Office, the Head of the Standing Committee of the National Assembly and the Director of the Institute for Legislative Studies shall determine state secrets and the confidentiality levels of state secrets for information of their agencies;
c/ The heads of departments or units (referred to as units) shall determine state secrets and the confidentiality levels of state secrets with respect to information of their units;
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2. For the determination of state secrets and the confidentiality levels of state secrets for information of the National Assembly and the Standing Committee of the National Assembly, the head of the presiding agency shall report and propose the Chairman of the National Assembly or the Vice Chairman of the National Assembly authorized by the Chairman of the National Assembly to determine state secrets and the confidentiality levels of state secrets for consideration and decision.
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Accordingly, the determination of state secrets and the confidentiality levels of state secrets in Vietnam shall comply with the above provisions.
What are the regulations adjusting the confidentiality levels of state secrets in Vietnam?
The adjustment of the confidentiality levels of state secrets in Vietnam is specified in Article 10 of the Regulation promulgated together with Resolution 757/NQ-UBTVQH15 as follows:
- The adjustment of the confidentiality level must be based on the list of state secrets.
- The competent person specified at Points a, b, and c, Clause 1, Article 2 of this Regulation shall decide to adjust the confidentiality levels of state secrets of agencies or units.
- For the adjustment of the confidentiality levels of state secrets of the National Assembly and the Standing Committee of the National Assembly, the head of the agency presiding over the contents specified in Clause 2, Article 2 of this Regulation shall report and propose the Chairman of the National Assembly or the Vice Chairman of the National Assembly authorized by the Chairman of the National Assembly for consideration and decision.
The Office of the National Assembly shall provide specific guidance on the procedures for adjusting the confidentiality levels of state secrets of the National Assembly and the Standing Committee of the National Assembly specified in this Clause.
- State secrets, after being adjusted the confidentiality levels, must be stamped, written, or in other forms specifying the increase in confidentiality level or decrease in confidentiality level.
- At least 15 days from the date of adjustment of the confidentiality level, the agencies or units adjusting the confidentiality level must notify in writing agencies, organizations or individuals receiving state secret documents and containers.
In case of adjustment of confidentiality levels of state secrets of the National Assembly and the Standing Committee of the National Assembly, the Office of the National Assembly shall coordinate with the agency assigned to preside over the contents of issuing written notices to agencies, organizations, and individuals receiving state secret documents and containers.
What are the regulations on cases in which it is necessary to declassify state secrets in order to meet practical requirements for protecting national interests in Vietnam?
According to the provisions of Clause 2, Article 11 of the Regulation promulgated together with Resolution 757/NQ-UBTVQH15, in addition to natural cases requiring declassification, cases requiring declassification in order to meet practical requirements for protecting national interests, developing socio-economic, and conducting international integration and cooperation are stipulated as follows:
- Heads of agencies and units specified at Points a, b and c, Clause 1, Article 2 of this Regulation shall establish a declassification council for state secret documents and containers within their competence to determine state secrets and the confidentiality levels of state secrets;
- The composition of the Declassification Council for State Secrets of the National Assembly and the Standing Committee of the National Assembly includes:
The representative of the head of the agency assigned to preside over the contents specified in Clause 2, Article 2 of this Regulation shall act as the Chairman of the Council; representative of the leadership of the Office of the National Assembly; representatives of the leadership of units directly assisting the agency assigned to preside over the contents; persons assigned to perform specialized tasks of protecting state secrets of the Office of the National Assembly; persons assigned to perform concurrent tasks of protecting state secrets of the unit; representatives of other relevant agencies.
The Declassification Council shall consider the declassification and report to the Chairman of the National Assembly or the Vice Chairman of the National Assembly authorized by the Chairman of the National Assembly for consideration and decision;
- The composition of the Declassification Council for State Secrets of the Secretary General of the National Assembly, the National Council, Committees of the National Assembly, the Office of the National Assembly, and agencies of the Standing Committee of the National Assembly include:
Representatives of the leadership of agency who have determined state secrets and confidentiality levels of state secrets shall act as Chairman of the Council; representatives of leaders of units directly assisting agencies that have determined state secrets and confidentiality levels of state secrets; persons assigned to perform specialized tasks of protecting state secrets of the Office of the National Assembly; persons assigned to perform concurrent tasks of protecting state secrets of the unit; other relevant members.
The declassification council shall consider the declassification and report it to the head of the agency for consideration and decision.
- The composition of the Declassification Council for State Secrets of each unit includes representatives of the leadership of the unit who have determined state secrets and confidentiality levels of state secrets shall act as the chairman of the council; persons assigned to perform concurrent tasks of protecting state secrets of the unit; other relevant members.
The declassification council shall consider the declassification and report it to the head of the unit for consideration and decision.
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