What are penalties for disclosing state secrets in Vietnam?
What are penalties for disclosing state secrets in Vietnam?
Based on Article 337 of the Criminal Code 2015 (amended by Clause 125, Article 1 of the Law Amending the Criminal Code 2017) on the crime of intentionally disclosing state secrets; misappropriating, trading, or destroying state secret objects or documents:
Article 337. Crime of intentionally disclosing state secrets; misappropriating, trading, or destroying state secret objects or documents
- Anyone who intentionally discloses state secrets, misappropriates, trades, or destroys state secret objects or documents, if not falling under the provisions stipulated in Article 110 of this Code, shall be sentenced to imprisonment from 02 years to 07 years.
- Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 05 years to 10 years:
a) State secrets of top secret classification;
b) Abusing position or power;
c) Causing harm to national defense, security, diplomacy, economy, or culture.
- Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 10 years to 15 years:
a) Organized crime;
b) State secrets of absolute confidentiality;
c) Committing the crime 02 times or more;
d) Causing harm to political policies, independence, sovereignty, unification, and territorial integrity.
- The offender may also be subject to a fine of 10,000,000 VND to 100,000,000 VND, prohibited from holding positions, practicing professions, or performing certain jobs from 01 year to 05 years.
Based on Article 338 of the Criminal Code 2015 (amended by Point o, Clause 1; Point s, Clause 2, Article 2 of the Law Amending the Criminal Code 2017) on the crime of unintentionally disclosing state secrets; losing secret objects or documents of the state:
Article 338. Crime of unintentionally disclosing state secrets; losing secret objects or documents of the state
- Anyone who unintentionally discloses state secrets or loses secret objects or documents of the state shall be subject to community sentence for up to 03 years or imprisonment from 06 months to 03 years.
- Committing the crime under one of the following circumstances shall be sentenced to imprisonment from 02 years to 07 years:
a) State secrets of top secret or absolute confidentiality;
b) Causing harm to national defense, security, diplomacy, economy, culture, political policies, independence, sovereignty, unification, and territorial integrity.
- The offender may also be prohibited from holding positions, practicing professions, or performing certain jobs from 01 year to 05 years.
Thus, anyone who engages in actions that disclose state secrets is subject to the following penalties:
[1] Intentionally Disclosing State Secrets
A person who acts with intention to disclose state secrets, if not within the case of espionage, shall be subject to criminal liability for intentionally disclosing state secrets; misappropriating, trading, or destroying state secret objects or documents.
The offender who intentionally discloses state secrets; misappropriates, trades, or destroys state secret objects or documents can be imprisoned from 02 years to 15 years.
Additionally, the offender may be fined from 10,000,000 VND to 100,000,000 VND, prohibited from holding positions, practicing professions, or performing certain jobs from 01 year to 05 years.
Therefore, the maximum penalty for intentionally disclosing state secrets; misappropriating, trading, or destroying state secret objects or documents is 15 years of imprisonment.
[2] Unintentionally Disclosing State Secrets
A person who unintentionally discloses state secrets shall be subject to criminal liability for unintentionally disclosing state secrets; losing state secret objects or documents.
The offender who unintentionally discloses state secrets; losing state secret objects or documents can be subject to community sentence for up to 03 years or imprisonment from 06 months to 07 years.
Additionally, the offender may be prohibited from holding positions, practicing professions, or performing certain jobs from 01 year to 05 years.
Thus, the maximum penalty for unintentionally disclosing state secrets; losing state secret objects or documents is 07 years of imprisonment.
What are penalties for disclosing state secrets in Vietnam? (Image from the Internet)
What is the duration for protecting state secrets in Vietnam?
Based on Article 19 of the Law on Protection of State Secrets 2018 on the duration for protecting state secrets:
Article 19. Duration for protecting state secrets
- The duration for protecting state secrets shall be calculated from the date the level of secrecy is determined until the expiration of the following durations:
a) 30 years for state secrets of Absolute confidentiality;
b) 20 years for state secrets of Top confidentiality;
c) 10 years for state secrets of Confidentiality.
- The duration for protecting state secrets regarding activities may be shorter than the duration stipulated in Clause 1 of this Article and must be specifically determined in the document or object containing the state secret when determining the level of secrecy.
- The duration for protecting state secrets concerning locations ends when the competent agency or organization no longer uses the location to contain state secrets.
The duration for protecting state secrets is stipulated as follows:
- 30 years for state secrets of Absolute confidentiality
- 20 years for state secrets of Top confidentiality
- 10 years for state secrets of Confidentiality
Who is responsible for compiling the list of state secrets in Vietnam?
Based on Clause 2, Article 9 of the Law on Protection of State Secrets 2018, the individuals responsible for compiling the list of state secrets include:
- Ministers and heads of ministerial-level agencies compile the list of state secrets in their sectors or fields of management.
- The Chief of the Central Office of the Communist Party compiles the list of state secrets of the Party.
- Heads of central agencies of political-social organizations compile the list of state secrets of political-social organizations.
- The Secretary General of the National Assembly - Head of the Office of the National Assembly compiles the list of state secrets of the National Assembly, its agencies, the agencies under the Standing Committee of the National Assembly, the Secretary General of the National Assembly, the Office of the National Assembly, and the delegation of the National Assembly.
- The Head of the Office of the President compiles the list of state secrets of the President, the Office of the President.
- The Chief Justice of the Supreme People’s Court, the Procurator General of the Supreme People's Procuracy, and the State Auditor General compile the list of state secrets in their sectors or fields of management.
