What are procedures for determination of state secrets and the degree of secrecy of state secrets in the People's Public Security in Vietnam?

What are procedures for determination of state secrets and the degree of secrecy of state secrets in the People's Public Security in Vietnam?

Pursuant to Article 3 of Circular 104/2021/TT-BCA stipulating determination of state secrets and the degree of secrecy of state secrets in the People's Public Security as follows:

1. The authorized head or deputy head of the People's Public Security unit that issues or issues documents or creates a container for state secrets is responsible for determining the state secret and its degree of secrecy . government.

The authorization to determine the state secret and the level of state secret must be reflected in the regulations on protection of state secrets or the working regulations or the annual assignment document of the unit, in which: clearly define the scope, content and duration of authorization.

Authorized deputies must take responsibility before their heads, before the law and may not further authorize others.

2. The determination of state secrets and the degree of state secrets must be based on the list of state secrets in the domains promulgated by the Prime Minister and the provisions of the Law on Protection of State Secrets.

3. Order and procedures for determining state secrets and the level of state secrets

a) Officers and soldiers, when drafting and creating information on the list of state secrets, must propose the competent person specified in Clause 1 of this Article to identify state secrets, the basis for determining the confidentiality , Confidentiality of state secret , place of receipt , number of copies issued, allowed or not allowed to copy, photograph documents and containers containing state secrets in the Statement, Approval slip, signed document or “Document” determine the secrecy of objects, places, words, activities, and other forms containing state secrets” and are responsible for protecting state secret contents during the drafting and creation process.State secret documents must be stamped "Digital version", indicating confidentiality; show the place of receipt, the number of copies, the name of the editor, whether copying is allowed or not, taken in the “receiving place” section of the document. In the case of electronic documents, the drafters must create a seal of confidentiality on the document after being determined by a competent person the state secret and the degree of state secret; Electronic documents, when printed out for distribution, must be stamped indicating the confidentiality according to regulations.

In case documents of a repetitive nature such as thematic reports and periodical reports have the same confidentiality, the competent person specified in Clause 1 of this Article shall determine the confidentiality once for that type of document. .

b) When receiving information on the list of state secrets but not yet identified as state secrets, officers and soldiers must report to the competent person specified in Clause 1 of this Article to determine according to the provisions of this Law. the order and procedures specified at Point a of this Clause or transfer them to agencies or organizations for determination according to their competence. Received information must be protected to ensure that it is not exposed or lost in the process of receiving and processing.

4. When sending a draft document containing state secret content, it must send a written request to the recipient to be responsible for protecting the draft content to ensure that it is not leaked or lost.

5. The specimen of the seal indicating the secrecy, the specimen of the seal "Digital copy", the form "document determining the confidentiality of objects, places, words, activities and other forms containing state secrets" shall comply with regulations. 24/2020/TT-BCA dated March 10, 2020 of the Minister of Public Security promulgating the form used in the protection of state secrets .

Who has right to copy and photograph documents and containers containing state secrets in the People's Public Security in Vietnam?

According to Article 4 of Circular 104/2021/TT-BCA, stipulating copying and photographing documents and containers containing state secrets as follows:

1. Persons authorized to authorize copying and taking photos of documents and objects containing State secrets of the level of Top Secret include:

a) Minister of Public Security;

b) Director, Commander and equivalent positions of units under the Ministry;

c) Directors of Public Security of provinces and centrally run cities;

d) Deputies of the people specified at Points a, b and c of this Clause.

2. Competent persons who permit copying and photographing documents and objects containing State secrets of the Top Secret or Confidential level include:

a) Persons specified in Clause 1 of this Article;

b) Heads of public non-business units under the Ministry of Public Security;

c) Head of the department; Chiefs of police of districts, urban districts, towns, provincial cities, cities under centrally-run cities; Regiment commander and equivalent positions;

d) Deputies of the people specified at Points b and c of this Clause.

3. The copying and photocopying of documents and containers containing state secrets shall be done as follows:

a) After obtaining permission from the competent person specified in Clauses 1 and 2 of this Article, the person assigned the task of copying and photographing documents and containers containing state secrets.

b) Copies of state secret documents must be stamped "Digital copy" on the first page and stamp "Copy of state secret" on the last page of the document, which must show the copy serial number, image the method of making copies of the original or a copy, time, quantity, place of receipt, copy authority, signature, full name of the competent person and seal of the People's Public Security unit (if any);

In case of multiple copies, it is possible to duplicate from the first copy which has the signature of the competent person, stamped "Digital copy", "Copy of state secret", recording the copy form, time , quantity, place to receive copies. Then stamp the People's Public Security unit on the copies. For People's Public Security units that do not have their own seal, the competent person shall sign directly at the seal specimen "Copy of state secret".

c) An extract of a copy of a state secret document must be made according to the form "Document extracting copy", which fully shows the copied content, time, quantity, place of receipt, authority to authorize copying and child. seal of the People's Public Security unit (if any). Copies must have the same confidentiality seal as the copied material.

d) Photocopies of documents or containers containing state secrets must contain a "Document recording the capture of state secret documents and containers", which must show the name and type of documents and containers containing state secrets. , confidentiality, time, quantity, place of receipt, person who captures documents and containers containing state secrets, authority to allow capture and seal of the People's Public Security unit (if any).

dd) The copying and photographing must be recorded in the "State secret copy and photograph management book" for management and monitoring.

4. State secret documents that are digitized into photo copies must be taken according to the provisions of Point d, Clause 3 of this Article. Photocopies of state secret documents, when printed on paper, must comply with regulations on copying state secret documents specified in this Article.

5. The copying and taking of secret electrocardiograms shall comply with the provisions of the law on ciphers.

6. Sample seal "Digital copy", "Copy of state secret"; sample "Text excerpt"; form "Document recording the capture of documents and objects containing state secrets" ; The form "S drive for copy management and capture of state secrets " shall comply with the provisions of Circular No. 24/2020/TT-BCA .

Best Regards!