Vietnam: What is the newest list of state secrets in the education sector?

What is the newest list of state secrets in the education sector in Vietnam?

Under the regulations in Articles 1 and 2 of Decision 531/QD-TTg in 2023 on the list of state secrets in the education and training sector.

The list of state secrets in the education sector includes:

(1) State secrets classified as secret in the education sector:

- Official exam questions, backup exam questions, official exam answers, backup exam answers of the national high school graduation exams, national excellent student selection exams, and international and regional Olympic team selection exams not yet disclosed.

- Information about personnel from the People's Army, People's Police, and Cryptography assigned to domestic and international training, which needs protection as required by the sending authorities.

(2) State secrets classified as confidential in the education sector:

- Documents reflecting, commenting, and evaluating the ideological status, and living conditions of teachers, education management officials, and students that negatively impact politics, security, foreign affairs, and social order.

- Information about exam setting and printing locations; information about personnel of the Exam Setting and Printing Council/Committee; plans for the transportation, storage, and protection of exam papers for the national high school graduation exams, national excellent student selection exams, and international Olympic team selection exams not yet disclosed.

What is the newest list of state secrets in the education sector in Vietnam? (Image from the Internet)

What are the regulations on the protection of state secrets in the education sector in Vietnam?

According to Article 3 of the Law on the Protection of State Secrets 2018, the protection of state secrets in the education sector will be carried out according to the following 5 principles:

- State secrets shall be protected under the leadership of the Communist Party of Vietnam and unified state management; contributing to the construction and protection of the Fatherland, socio-economic development and international integration of the country; protecting national interest and legitimate rights and interest of regulatory bodies, organizations and individuals.

- State secrets protection is the responsibility of all regulatory bodies, organizations and individuals.

- State secrets shall be managed and used for the appropriate purposes, by authorized entities and according to the procedures regulated by law.

- Active prevention; timely detection, prevention and strict handling of violations against regulations on state secrets protection.

- Time limit for state secrets protection shall abide by the regulations of Law on the Protection of State Secrets 2018, ensuring citizens’ right to access information as regulated by law.

What are the legal consequences of disclosing state secrets in the education sector in Vietnam?

Disclosing State secrets may result in administrative sanctions and criminal liability.

To be specific:

Criminal Liability:

Violators may be held criminally liable for the following offenses:

- Intentionally disclosing State secrets under Article 337 of the Criminal Code 2015 (amended by Clause 125, Article 1 of the Law on Amendment to the Criminal Code 2017). The highest penalty for this crime can be up to 15 years in prison.

- Unintentionally disclosing State secrets under Article 338 of the Criminal Code 2015 (replaced by Point s, Clause 2, Article 2 and supplemented by Point o, Clause 1, Article 2 of the Law on Amendment to the Criminal Code 2017). The highest penalty for this crime can be up to 7 years in prison.

Administrative Liability:

Violators may be fined according to Clauses 4 and 6, Article 19 of Decree 144/2021/ND-CP:

Violations of regulations on the protection of State secrets

...

4. A fine from 20,000,000 VND to 30,000,000 VND for one of the following acts:

a) Disclosing State secrets; losing documents or items containing State secrets but not to the extent of criminal liability;

b) Posting, disseminating State secrets in mass media, on the Internet, computer networks, or telecommunications networks contrary to the law;

c) Transmitting State secrets through information, telecommunications mediums contrary to the law.

...

6. Remedial Measures:

a) Compulsory submission of documents, items containing State secrets for acts specified at Points b, d, đ, and e, Clause 1; Point a, Clause 2, and Point d, Clause 3 of this Article;

b) Compulsory recall of documents, items containing State secrets for acts specified at Point c, Clause 1 of this Article;

c) Compulsory removal of documents containing State secrets for acts specified at Point a, Clause 3, and Points b and c, Clause 4 of this Article;

d) Compulsory restoration to the original state for acts specified at Point c, Clause 3 of this Article.

Thus, those who disclose State secrets in the education sector that are not subject to criminal liability may be fined from 20 million VND to 30 million VND.

For organizations, this fine is doubled. Furthermore, the violator is required to remove the disclosed documents containing State secrets.