What are cases of destruction of documents and objects containing state secrets of the People's Public Security of Vietnam?

What are cases of destruction of documents and objects containing state secrets of the People's Public Security of Vietnam?

Pursuant to Article 14 of the Circular 104/2021/TT-BCA stipulating the destruction of documents and objects containing state secrets as follows:

1. Destroy documents and containers containing state secrets in the following cases:

a) When it is not necessary to keep it and the destruction does not cause harm to the interests of the country or people;

b) If it is not destroyed immediately, it will cause harm to the interests of the nation and people.

2. The destruction of documents and containers containing state secrets must satisfy the following requirements:

a) Not to reveal or lose state secrets;

b) The destruction process must change the shape, function and effect of documents and containers containing state secrets and completely eliminate state secret information;

c) Documents and containers containing state secrets cannot be restored to their shape, features, effects and contents after being destroyed.

3. Competence to destroy documents and containers containing state secrets is prescribed as follows:

a) The competent person specified in Clauses 1 and 2, Article 4 of this Circular has the authority to decide on destruction of documents and containers containing State secrets of the level of Top Secret, Secret or Confidential;

b) Officers and soldiers who are managing documents and containers containing state secrets are entitled to decide on destruction in the cases specified at Point b, Clause 1 of this Article and immediately report in writing on the destruction to the competent person specified at Point a of this Clause.

4. The destruction of documents and containers containing state secrets in the case specified at Point a, Clause 1 of this Article is prescribed as follows:

a) The competent person specified at Point a, Clause 3 of this Article shall decide to establish a Council to destroy documents and containers containing state secrets;

b) The Council for destruction of documents and containers of state secrets consists of representatives of leaders and commanders of the People's Public Security units that directly keep documents and containers of state secrets as the Chairman of the Council; persons who directly keep documents and containers containing state secrets and representatives of agencies and organizations related to state secrets that need to be destroyed;

c) The Council for destruction of documents and containers of state secrets is responsible for reviewing documents and containers of state secrets that are proposed to be destroyed, and reporting to the competent person specified at Point a, Clause 3 of this Article to issue a decision on destruction;

d) The destruction dossier must be archived, including the decision on establishment of the destruction council; list of documents and containers containing state secrets to be destroyed; the minutes of the meeting of the destruction council; destruction decision, destruction minutes and other relevant documents.

5. The destruction of documents and containers containing state secrets in the field of ciphers shall comply with the provisions of the law on ciphers.

What are responsibilities of the police of units and localities for the protection of state secrets of the People's Public Security of Vietnam?

Pursuant to Article 15 of the Circular 104/2021/TT-BCA stipulating responsibilities of the police of units and localities for the protection of state secrets of the People's Public Security of Vietnam as follows:

1. The Department of Internal Political Security shall advise and assist the Ministry:

a) Perform state management of protection of state secrets;

b) Summarize opinions of police units and localities to propose amendments and supplements to the list of state secrets in the field of national security, social order and safety;

c) Advise the leadership of the Ministry of Public Security to develop regulations on protection of state secrets in the People's Public Security;

d) Preliminary review of 6 months of protection of state secrets in the People's Public Security; a one-year preliminary review and a five-year summary of the protection of state secrets nationwide;

dd) Assume the prime responsibility for, and coordinate with the Department of Cybersecurity and High-Tech Crime Prevention, the Department of Professional Technology, the Department of Telecommunication and Cipher and other relevant units in inspecting the acceptance of implement the provisions of the law on protection of state secrets for agencies, organizations, localities and the Public Security of units and localities.

2. Police units under the Ministry are responsible for:

a) Organize the protection of state secrets within the scope of management;

b) Review and propose amendments or supplements to the list of state secrets in the field of national security, social order and safety;

c) Formulate internal regulations on protection of state secrets;

d) Advise and guide agencies, departments, branches and enterprises under their management to perform the work of protecting state secrets.

3. Police of provinces and centrally run cities are responsible for:

a) Perform the responsibilities specified in Clause 2 of this Article;

b) Perform state management of state secret protection in the locality within the scope of management.

4. If a People's Public Security unit has an organizational change such as dissolution or merger, the People's Public Security unit shall receive and manage documents and containers containing state secrets of the dissolved or merged unit shall have to carry out the work of protecting state secrets with respect to documents and containers containing such state secrets.

Best regards!