What are penalties for leaking questions from high school graduation exam in Vietnam?

The high school graduation exam is not only an important exam for 12th graders but also receives the attention of people across the country. Therefore, keeping the exam secret is even more important. So what are penalties for leaking questions from high school graduation exam in Vietnam?

What are penalties for leaking questions from high school graduation exam in Vietnam? (Source: Internet)

1. High school graduation exam is a state secret.

Pursuant to Clause 2, Article 1 of Decision 809/QD-TTg, top Secret level of State secrets includes:

Official exam questions, preparatory exam questions, official test questions, answer keys to preparatory exams for high school graduation exams, national contest for excellent students, international Olympic team selection test and undisclosed area.

Thus, the National High School Exam is considered a state secret with top-secret confidentiality.

2. Administrative penalties for leaking high school graduation exam questions

Pursuant to Clause 4, Article 19 of Decree 144/2021/ND-CP stipulating a fine ranging from VND 20,000,000 to VND 30,000,000 for disclosing state secrets; losing documents and objects containing state secrets but not to the extent of criminal prosecution.

Thus, individuals who commit acts of disclosing state secrets may be fined from 20 to 30 million VND. For organizations, the fine doubles from 40 to 60 million VND.

3. Pursuing criminal charges for the leak of exam questions

Case 1: Intentionally leaking high school graduation exam questions

Pursuant to Clause 1, Article 337 of the Criminal Code 2015 (amended by the Criminal Code 2017) as follows:

1. Any person who deliberately discloses or deals in classified information, except in the circumstances specified in Article 110 hereof, shall face a penalty of 02 - 07 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The information is classified as second-degree top secret;

b) The offender misuses his/her position or power to commit the offence;

c) The offence causes losses in terms of national defense and security or results in diplomatic, economic or cultural damage.

3. This offence committed in any of the following circumstances carries a penalty of 10 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The information is classified as first-degree top secret;

c) The offence has been committed more than once;

d) The offence infringes upon the political regime, independence, sovereignty and territorial integrity of Vietnam.

Thus, the act of intentionally leaking the national high school exam questions is considered leaking state secrets and shall be sentenced to 2 to 15 years imprisonment.

Case 2: Unintentionally leaking high school graduation exam questions

Pursuant to Article 338 of the Criminal Code 2015 (amended by the Criminal Code 2017), the crime of unintentionally leaking state secrets; losing state secret items and documents is as follows:

Any person who involuntarily discloses classified information or loses a classified document or item shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The information is classified as top secret;

b) The offence results in losses in terms of national defense and security; causes diplomatic, economic or cultural damages; infringes upon the political regime, independence, sovereignty and territorial integrity.

3. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

As mentioned above, the act of unintentionally leaking the high school graduation exam questions shall be sentenced to 03 years of non-custodial reform or from 06 months to 07 years of imprisonment. In addition, they may also be banned from holding certain positions or practicing professions for up to 5 years.

Ngoc Nhia

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