Information disclosure regime of defense and security enterprises under the Ministry of National Defense in Vietnam

Information disclosure regime of defense and security enterprises under the Ministry of National Defense in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

1. Information disclosure regime of defense and security enterprises under the Ministry of National Defense of Vietnam 

- Implement the information disclosure principles specified in Article 20 of Decree 47/2021/ND-CP.

- Ensure state secrets in the defense and national security sectors.

- Regularly report information disclosure of state-owned enterprises directly serving defense and security, following the prescribed form in Circular 06/2024/TT-BQP

(Article 7 of Circular 06/2024/TT-BQP)

2. Regular Information disclosure of defense and security enterprises under the Ministry of National Defense of Vietnam

- For state-owned enterprises directly serving defense and security, they shall comply with the following regulations:

+ The content of regular reports and information disclosure shall be implemented according to the provisions in Clause 1, Article 14 of Decree 16/2023/ND-CP.

+ The regular report on information disclosure shall follow Form 04/DC in Appendix II attached to this Circular.

- For enterprises combining the economy with defense and security, they shall comply with the following regulations:

+ Wholly state-owned enterprises shall regularly disclose information according to the content, form, and time limit specified in Clause 1, Article 23 of Decree 47/2021/ND-CP, as amended in Article 13 of Decree 16/2023/ND-CP.

+ Partially state-owned enterprises shall regularly disclose information according to the content, form, and time limit specified in points a, c, d, e, and h of Clause 1, Article 23 of Decree 47/2021/ND-CP.

+ For important content or content related to state secrets in the fields of defense, national security, and business secrets, enterprises must exclude them from the regular report on information disclosure. They should prepare a restricted information disclosure report according to Form 05/DC in Appendix II attached to Circular 06/2024/TT-BQP, submit it to the Ministry of National Defense (for enterprises under the Ministry of National Defense) or the managing unit assigned by the Ministry of National Defense, and send it to the Department of Economic Affairs and the Department of Military Security before March 31 of the following year.

Within 10 (ten) days from the date of receiving the report from enterprises (for enterprises under the unit of the Ministry of National Defense) or the document transfer slip from the Office of the Ministry of National Defense (for enterprises  under the Ministry of National Defense), the Department of Economic Affairs, in coordination with the Department of Military Security and relevant agencies and units, shall assess and report to the Minister of National Defense for consideration and decision on the content of restricted information disclosure. They shall then notify the enterprise to implement it and inform the Ministry of Planning and Investment for monitoring and supervision.

(Article 9 of Circular 06/2024/TT-BQP)

3. Ad hoc Information disclosure of defense and security enterprises under the Ministry of National Defense of Vietnam

- Defense and security enterprises must disclose on their electronic information portal, publish publications (if any), and publicly display them at their headquarters and business locations. They should also report to the Ministry of National Defense (for defense and security enterprises under the Ministry of National Defense) or the assigned unit responsible for managing the enterprise, regarding any unusual information within 36 (thirty-six) hours from the occurrence of any of the unusual events specified in Clause 1, Article 110 of the Law on Enterprises 2020, except for cases specified in Clause 2, Article 10 of Circular 06/2024/TT-BQP.

- Within 36 (thirty-six) hours from the occurrence of any of the events specified in points a, b, d, and e of Clause 1, Article 110 of the Law on Enterprises 2020, in cases where there is important content related to or affecting state secrets in the fields of defense, national security, defense and security enterprises shall prepare a report on the restricted information disclosure according to Form 05/DC in Appendix II attached to this Circular. They should report to the Ministry of National Defense (for defense and security enterprises under the Ministry of National Defense) or the assigned unit responsible for managing the enterprise and submit it to the Department of Economic Affairs and the Department of Military Security for evaluation, review, and decision on the content of restricted information disclosure.

- Within 7 (seven) days from the date of receiving the report from the defense and security enterprise (for defense and security enterprises managed by the unit under the Ministry of National Defense) or the document transfer slip from the Office of the Ministry of National Defense (for defense and security enterprises under the Ministry of National Defense), the Department of Economic Affairs, in coordination with the Department of Military Security and relevant agencies and units, shall evaluate and report to the Minister of National Defense for consideration and decision on the content of restricted information disclosure. They shall then notify the enterprise to implement it and inform the Ministry of Planning and Investment for monitoring and supervision.

(Article 10 of Circular 06/2024/TT-BQP)

Circular 06/2024/TT-BQP comes into force from March 10, 2024.

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