Which State Secret Documents Are Declassified?
Which State Secret Documents Are Declassified? Regulations on Declassification of State Secrets
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Documents and Objects Containing State Secrets to be Declassified
Pursuant to Clauses 2 and 3, Article 16 of the Regulations on the Protection of State Secrets issued together with Decision 1326/QD-BTP in 2021, the following provisions apply:
- Documents and objects containing state secrets shall be declassified in whole or in part in the following cases:
a) The expiration of the protection period of the documents and objects containing state secrets as stipulated in Article 19 and the extension period as stipulated in Article 20 of the Law on the Protection of State Secrets;
b) To meet practical requirements for the protection of national and ethnic interests; socio-economic development; international integration and cooperation;
c) They no longer belong to the list of state secrets.
- In cases specified in Points a and c, Clause 2 of this Article, declassification shall be carried out automatically.
In the case specified in Point c, Clause 2 of this Article, the authority or organization determining the state secrets must stamp, issue a document or use other forms to determine the declassification and immediately notify the relevant agencies, organizations, or individuals.
Regulations on the Declassification of State Secrets
Pursuant to Clause 4 of this Article, the declassification of documents and objects containing state secrets in cases specified in Point b, Clause 2 of this Article is regulated as follows:
a) The Minister, heads of units, or leaders of organizations shall establish a Declassification Council for documents and objects containing state secrets under their authority to determine state secrets and the level of secrecy according to Article 7 of these Regulations.
b) The Declassification Council includes representatives from the leadership of the Ministry, units, or organizations determining the state secrets as the Chairman of the Council and representatives of relevant agencies and organizations;
c) The Declassification Council is responsible for considering the declassification, reporting to the head of the authority, organization determining the state secrets for decision-making;
d) Documents and objects containing state secrets, after being declassified, must be stamped, issued with a document or other forms to determine the declassification; in case of partial declassification, the declassification decision must fully reflect the declassified information content;
e) The declassification dossier must be archived, including the decision to establish the Declassification Council; documents, objects containing state secrets proposed for declassification; minutes of the Declassification Council meeting; the declassification decision and other related documents.
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