Promulgation of the State Secret List in the Healthcare Sector from May 22, 2024

Announcement of the List of State Secrets in the Health Sector effective from May 22, 2024?

According to Decision 440/QD-TTg, 2024, the list of state secrets in the health sector is regulated as follows:

State secrets classified as Top Secret include: Medical records, information, examination results, treatment, health checks of members of the Politburo, the Secretariat of the Central Committee of the Communist Party.

State secrets classified as Secret include:

- The number of people infected, and deaths due to newly emerging dangerous infectious diseases, whose causative agent has not been publicly disclosed by the Ministry of Health.

- Name, origin, virulence, transmission ability, transmission route of newly discovered infectious disease agents that have not been confirmed to be related to human health and life, affecting socio-economic development that has not been made public.

Announcement of the list of state secrets in the health sector effective from May 22, 2024 (Image from the Internet)

How many levels of state secrets are there?

Article 8, Law on Protection of State Secrets 2018, stipulates the classification of state secrets as follows:

Classification of state secrets

Based on the importance of the content information, and the degree of harm if disclosed or lost, state secrets are classified into three levels:

1. Absolute Secret state secrets are those related to politics, defense, security, cryptography, foreign affairs; if disclosed or lost, it could cause exceptionally serious harm to national and ethnic interests;

2. Top Secret state secrets are those related to politics, defense, security, cryptography, constitutional and legislative, judiciary, foreign affairs, economy, natural resources and environment, science and technology, education and training, culture, sports, information and communication, health, population, labor, society, organization, personnel, inspection, supervision, violation handling, complaint resolution, anti-corruption, state audit; if disclosed or lost, it could cause very serious harm to national and ethnic interests;

3. Secret state secrets are those related to politics, defense, security, cryptography, constitutional and legislative, judiciary, foreign affairs, economy, natural resources and environment, science and technology, education and training, culture, sports, information and communication, health, population, labor, society, organization, personnel, inspection, supervision, violation handling, complaint resolution, anti-corruption, state audit; if disclosed or lost, it could cause serious harm to national and ethnic interests.

Thus, there are currently three levels of state secrets:

- Absolute Secret state secrets;

- Top Secret state secrets;

- Secret state secrets.

How long is the protection period for state secrets?

Article 19, Law on Protection of State Secrets 2018, regulates the protection period of state secrets as follows:

Protection period of state secrets

1. The protection period of state secrets is the duration calculated from the date the state secret's classification is determined until the end of the following duration:

a) 30 years for Absolute Secret state secrets;

b) 20 years for Top Secret state secrets;

c) 10 years for Secret state secrets.

2. The protection period of state secrets related to activities can be shorter than the period stipulated in clause 1 of this Article and must be specifically determined in the document or container of the state secret at the time of classification.

3. The protection period of state secrets related to a location ends when the competent authority no longer uses that location to store state secrets.

Thus, the protection periods for state secrets are specified as follows:

- 30 years for Absolute Secret state secrets;

- 20 years for Top Secret state secrets;

- 10 years for Secret state secrets.

Note: The protection period for state secrets may be shorter than the above durations and should be specifically determined in the document or container of the state secret at the time of classification.

The protection period for state secrets related to a location ends when the competent authority no longer uses that location to store state secrets.

Respectfully!