Competence to determine state secrets and levels of state secrets in activities of the National Assembly of Vietnam

Competence to determine state secrets and levels of state secrets in activities of the National Assembly of Vietnam (Internet image)

On March 28, 2023, the Standing Committee of the National Assembly of Vietnam issued Resolution 757/NQ-UBTVQH15 dated March 28, 2023, promulgating the regulation on protection of state secrets in the activities of the National Assembly, the National Assembly Standing Committee, the General Secretary of the National Assembly, the Ethnic Minority Council, the Committees of the National Assembly, the Office of the National Assembly, and agencies under the National Assembly Standing Committee.

Competence to determine state secrets and levels of state secrets in activities of the National Assembly of Vietnam

Specifically, in Clause 1, Article 2 of the Regulation promulgated together with Resolution 757/NQ-UBTVQH15, stipulating the competence to determine state secrets and the confidentiality of state secrets in the activities of the National Assembly as follows:

- The President of the National Assembly determines the state secret and the level of state secret for information of the National Assembly and Standing Committee of the National Assembly.

The President of the National Assembly may authorize the Vice-President of the National Assembly to determine the state secret and the degree of the state secret. Authorization must be in writing;

- General Secretary of the National Assembly, Chairman of the Council for Ethnic Minorities, Chairman of Committees of the National Assembly, Chairman of the Office of the National Assembly, Head of the Committee under the Standing Committee of the National Assembly, the director of the Institute for Legislative Studies shall determine the state secret and the degree of state secret confidentiality for the information of his agency;

- The head of the department, department, or unit (hereinafter referred to as the unit) determines the state secret and the degree of state secret confidentiality for the information of his/her unit;

- Competent persons specified at Points b and c of this Clause may authorize their deputies to exercise the authority to determine state secrets and the confidentiality of state secrets for information in their respective fields.

The authorization is specified in the working regulations or the annual work assignment document of the agency or unit or in the written authorization in each specific case. Deputies authorized to determine state secrets must be responsible for their decisions before their heads and before the law and may not further authorize others.

In addition, the determination of state secrets and the secrecy of state secrets for the information of the National Assembly is authorized by the President of the National Assembly, and the National Assembly Standing Committee, chaired by the head of the agency assigned to preside over the report and propose it to the President of the National Assembly or the Vice President of the National Assembly, is authorized by the President of the National Assembly to determine the state secret and the level of state secrets for consideration and decision.

(Clause 2, Article 2 of Regulation issued together with Resolution 757/NQ-UBTVQH15)

Authority to permit copying and photocopying of documents and objects containing state secrets in the activities of the National Assembly of Vietnam

In case documents and containers containing state secrets are allowed to be copied or photographed, the authority to permit copying or photographing documents and containers containing state secrets is prescribed as follows:

- The President of the National Assembly, the Secretary General of the National Assembly, the Chairman of the Ethnic Council, the Chairman of the Committees of the National Assembly, the Chairman of the Office of the National Assembly, the Head of the Committee under the Standing Committee of the National Assembly, and the Director of the Institute for Legislative Research permit the copying of documents and objects containing state secrets at the level of confidential, Secret, and Top Secret;

- Director, Head of units under the Office of the National Assembly, except for heads of public non-business units, have the authority to permit copying, photocopying of documents and containers containing State secrets of the confidential, Secret, and Top Secret;

- The head of a public non-business unit under the Office of the National Assembly, the head of a department-level equivalent unit of a public non-business unit under the Office of the National Assembly, and the Legislative Research Institute have the authority to authorize the copying and photocopying of documents and containers containing confidential, Secret, and Top Secret;

- Heads of department-level units of departments, agencies, and units under the Office of the National Assembly and the Legislative Research Institute have the authority to authorize the copying and photocopying of documents and objects containing confidential secrets.

(Clause 1, Article 3 of Regulation issued together with Resolution 757/NQ-UBTVQH15)

Resolution 757/NQ-UBTVQH15 takes effect from the date of signing.

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