Will deliberate disclosure of state secrets in the field of state audit lead to criminal prosecution in Vietnam?

What are State Secrets in Vietnam?

In Clause 1, Article 2 of the Law on Protection of State Secrets 2018, there are regulations on “state secret” means undisclosed information carrying important contents which is specified by the head of a competent body or organization according to regulations of this Law and the divulgence or loss of which may bring harm to national interest.

State secrets may be contained in documents, objects, locations, speeches, activities or other forms.

Will intentional disclosure of state secrets in the field of state audit lead to criminal prosecution in Vietnam? (Image from the Internet)

Will deliberate disclosure of state secrets in the field of state audit lead to criminal prosecution in Vietnam?

Pursuant to the provisions of Article 337 of the 2015 Criminal Code as amended by Clause 125, Article 1 of the Law Amending the 2017 Criminal Code, which stipulates deliberate disclosure of classified information; appropriation, trading, destruction of classified documents or items as follows:

Deliberate disclosure of classified information; appropriation, trading, destruction of classified documents or items

1. Any person who deliberately discloses, appropriates, deals in or destroys classified information or items, 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.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 100,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Thus, anyone who deliberately discloses state secrets in the field of state audit may be prosecuted for criminal liability for deliberately disclosing state secrets in Vietnam.

This act can be punished with imprisonment from 2 to 15 years depending on the severity of the crime in Vietnam.

In addition, the offender may also be fined from 10,000,000 VND to 100,000,000 VND, banned from holding certain positions, practicing certain occupations or doing certain jobs for 01 to 05 years in Vietnam.

What main information is posted to the State Audit Electronic Information Portal in Vietnam?

Pursuant to the provisions of Clause 1, Article 8 of the Regulation on organization and management of operations of the State Audit Electronic Information Portal issued together with Decision 1598/QD-KTNN in 2023 regulating scope and content of information as follows:

According to this regulation, main information posted to the State Audit electronic information portal includes:

- General information:

+ Introduction to the functions, tasks, powers, and organizational structure of the State Audit and its affiliated units;

+ Summary of the formation and development process of the State Audit;

+ Brief biography and responsibilities of the State Audit Leader;

+ Contact and receiving information (address, phone, fax number, official email address...);

- News and events: News and articles reflecting the activities of the State Audit, State Audit Leaders and issues related to the State Audit;

- Information on direction and administration: Opinions on direction and administration of the State Audit Leaders (officially issued in writing); comments on handling and responding to recommendations and requests of units, organizations and individuals; Information on rewards and sanctions for units, organizations and individuals in the field of state audit;

- Information on the State Audit development strategy, plan to implement the State Audit development strategy; information on international cooperation programs/projects/schemes, international agreements in the field of state audit;

- Information about the annual audit plan; audit results; The results of implementing audit conclusions and recommendations of the State Audit are allowed to be made public according to the provisions of law;

- Disseminating information and guiding the implementation of laws, regimes and policies in the field of state audit;

- System of specialized legal documents, administrative management documents and professional guidance of the State Audit;

- Projects and draft legal documents drafted by the State Audit require comments from agencies, organizations and individuals;

- Draft legal documents, administrative management documents, draft reports, and other documents are presented for internal comments;

- Information about projects, investment items, bidding, and public procurement of the State Audit;

- Information on recruitment, selection, and information related to training and fostering at home and abroad of the State Audit must be made public in accordance with the provisions of law;

- Information about scientific research programs and topics managed and implemented by the State Audit;

- Information on state budget estimates, the implementation of state budget estimates, and state budget finalization by the State Audit;

- Emulation and reward work;

- Activities of political, socio-political organizations of the State Audit;

- Domestic and foreign information related to the field of auditing in general and state auditing in particular;

- Introduction of information publications and specialized magazines of the State Audit or units under the State Audit;

- Other relevant information approved by State Audit leaders.

Best regards!