Regulations on declassification of state secrets in activities of the National Assembly, Standing Committee of the National Assembly of Vietnam

Regulations on declassification of state secrets in activities of the National Assembly, Standing Committee of the National Assembly of Vietnam (Internet image)

Regulations on declassification of state secrets in activities of the National Assembly, Standing Committee of the National Assembly of Vietnam

Resolution 757/NQ-UBTVQH15 of 2023 stipulating the Regulation on Protection of State Secrets in the Activities of the National Assembly, the National Assembly Standing Committee, the Secretary General of the National Assembly, the Ethnic Council, Committees of the National Assembly, the Office of the National Assembly, and agencies under the Standing Committee of the National Assembly of Vietnam.

In particular, the regulations on declassification are as follows:

(1) State secrets are automatically declassified in the following cases:

- Expiry of the time limit for protection of state secrets and the extension period in accordance with the provisions of the Law on Protection of State Secrets. In this case, do not carry out the declassification process; do not have to stamp declassification;

- No longer on the list of state secrets. In this case, the agency or unit that determines the state secret is responsible for stamping "DECLEARED" on the document, there is a document or other form to determine that the declassification is suitable for the container of state secrets kept at the agency or unit; notify in writing agencies, organizations, and individuals that have received documents and containers containing state secrets.

When receiving the document, the Office of the National Assembly is responsible for stamping "Declassified" on the document. There is a document or other form to determine that the declassification is suitable for the container of state secrets kept at the Archives of the Agency.

For documents and containers containing state secrets of the National Assembly, the National Assembly Standing Committee and the Chairman of the Office of the National Assembly are responsible for coordinating with the head of the agency assigned to preside over the contents specified in Clause 2, Article 2 of this Regulation in promulgating documents or other forms of determining the declassification and notifying in writing the agency, organization, or individual that has received documents and containers containing state secrets.

(2). Cases that need to be declassified to meet practical requirements for protection of national and ethnic interests, socio-economic development, international integration, and cooperation are prescribed as follows:

- The head of the agency or unit specified at Points a, b and c, Clause 1, Article 2 of this Regulation shall establish a declassification council for documents and containers containing state secrets falling under the competence to determine state secrets and the level of state secrets;

- The composition of the Council for declassification of state secrets of the National Assembly and the Standing Committee of the National Assembly includes: representatives of the agency leaders assigned to preside over the content specified in Clause 2, Article 2 of this Regulation as the Chairman of the Council; leadership representatives of the Office of the National Assembly; the representative of the leader of the unit directly assisting the agency assigned to preside over the content; the person assigned to perform the task of protecting state secrets of the Office of the National Assembly; the person assigned to perform the task of concurrently protecting state secrets of the unit; representatives of other relevant agencies.

The declassification council is responsible for reviewing the declassification and reporting to the President of the National Assembly or the Vice President of the National Assembly authorized by the President of the National Assembly for consideration and decision;

- The composition of the Council for declassification of state secrets of the Secretary General of the National Assembly, the Ethnic Council, the Committees of the National Assembly, the Office of the National Assembly, and the agencies of the Standing Committee of the National Assembly include: the representative of the head of the agency that has determined the state secret, the level of the state secret as the Chairman of the Council; the representative of the leader of the unit directly assisting the agency that has determined the state secret, the level of the state secret; the person assigned to perform the task of protecting state secrets of the Office of the National Assembly; the person assigned to perform the task of concurrently protecting state secrets of the unit; other members involved.

The declassification council is responsible for reviewing the declassification and reporting it to the head of the agency for consideration and a decision.

- The composition of the declassification council for state secrets of the unit includes: the representative of the unit leader who has determined the state secret and the level of state secret as the Chairman of the Council; the person assigned to perform the task of concurrently protecting state secrets of the unit; and other members involved. The declassification council is responsible for reviewing the declassification and reporting it to the head of the unit for consideration and a decision.

(3) In case of partial declassification, the declassified content shall be included in the declassification decision. In the case of declassification of all state secrets, after deciding to declassify the documents, they must affix the declassification seal to the documents and have a written or other form of identification that the declassification is suitable for the container of state secrets.

No later than 15 days from the date of the decision on declassification, agencies, units conducting declassification shall have to notify in writing agencies, units, and individuals that have received documents and containers containing state secrets. As for state secrets of Congress, the Standing Committee of the National Assembly, based on the declassification decision of the President of the National Assembly or Vice President of the National Assembly, shall notify in writing agencies, units, and individuals that have received documents and containers containing state secrets.

(4) The declassified file must be kept, including: the decision to establish the Declassification Council; state secrets proposed to be declassified; meeting minutes of the declassification council; the declassification decision; and other relevant documents.

(5) The Office of the National Assembly shall specifically guide the declassification process for state secrets of the National Assembly and the National Assembly Standing Committee.

Duong Chau Thanh

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