Vietnam: What are the procedures for the destruction of state secret documents and containers? Who has the authority to issue decisions on the destruction of state secret documents and containers?
- In what cases will state secret documents and containers in Vietnam be destroyed?
- What are the requirements for destroying state secret documents and containers in Vietnam?
- Which agency has the authority to issue decisions on the destruction of state secret documents and containers in Vietnam?
- What are the procedures for the destruction of state secret documents and containers in Vietnam?
In what cases will state secret documents and containers in Vietnam be destroyed?
According to Clause 1, Article 12 of the Regulation promulgated together with Resolution 757/NQ-UBTVQH15 in 2023, state secret documents and containers in Vietnam shall be destroyed in cases specified in Clause 1, Article 23 of the Law on Protection of State Secrets 2018 as follows:
- It is not necessary to retain such container and the destruction causes no harm to the national interest; or
- Failure to immediately destroy such a container will bring harm to the national interest.
What are the requirements for destroying state secret documents and containers in Vietnam?
According to Clause 2 Article 12 of the Regulation promulgated together with Resolution 757/NQ-UBTVQH15 in 2023, the destruction of state secret documents and containers in Vietnam must meet the requirements specified in Clause 2, Article 23 of the Law on Protection of State Secrets 2018 as follows:
- The state secret must be protected from divulgence or loss;
- The state secret container must be destroyed in a manner that changes its shape, features, and uses;
- After being destructed, the shape, features, uses, and contents of the state secret container must be irreparable.
Which agency has the authority to issue decisions on the destruction of state secret documents and containers in Vietnam?
Pursuant to Clause 3, Article 12 of the Regulation promulgated together with Resolution 757/NQ-UBTVQH15, the authority to issue decisions on the destruction of state secret documents and containers in Vietnam is specified as follows:
- The Secretary General 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, the Director of the Institute of Legislative Studies shall decide on the destruction of state secret documents and containers that have expired their storage and use value in the operation of the agency.
The Head of the National Assembly Office shall coordinate with the head of the agency assigned to preside over the contents specified in Clause 2, Article 2 of this Regulation to decide on the destruction of state secret documents and containers of the National Assembly and the Standing Committee of the National Assembly that have expired their storage and use value;
- The head of each unit shall decide on the destruction of state secret documents and containers that have expired their storage and use value in the operation of the unit;
- Persons managing state secret documents and containers shall decide on destruction in cases where failure to immediately destroy such container will bring harm to national interest and immediately report in writing on the destruction to heads of agencies or units. If the self-destruction of state secret documents and containers does not have a legitimate reason, the person conducting destruction shall be responsible before the law;
- Persons responsible for printing, copying, or photographing state secret documents and containers shall destroy on the on-spot surplus or damaged copies after completion of printing, copying, and photographing.
What are the procedures for the destruction of state secret documents and containers in Vietnam?
The destruction of state secret documents and containers in cases where it is not necessary to retain such containers and the destruction causes no harm to national interest is specified in Clause 4, Article 12 of the Regulation promulgated together with Resolution 757/NQ-UBTVQH15 in 2023 as follows:
- Annually or before the end of the term of office or when necessary, the agency or unit shall review state secret documents and containers in order to report to competent persons who decide to establish a council for the destruction of state secret documents and containers;
- Competent persons specified at Points a and b, Clause 3 of this Article shall decide to establish a council for the destruction of state secret documents and containers;
- The council for the destruction of state secret documents and containers includes: Representatives of the leadership of agencies and units directly storing state secret documents and containers shall act as the Chairman of the Council; persons who directly store state secret documents and containers; persons assigned to protect state secrets at agencies or units; other relevant members;
- The council for the destruction of state secret documents and containers shall inspect state secret documents and containers proposed for destruction and report them to competent persons specified at Points a and b, Clause 3 of this Article for decision;
- Destruction records shall be archived including documents establishing the Destruction Council; a list of state secret documents and containers proposed for destruction; minutes of meetings of the Destruction Council; destruction decisions, destruction records, and other relevant documents.
The destruction of state secret documents and containers in the cipher sector shall comply with the provisions of the law on the cipher.
The destruction of state secret documents and containers with duplicate information shall comply with the instructions of the Office of the National Assembly.
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