Order and procedures for determining state secrets and the confidentiality level of state secrets from July 1, 2020

According to the provisions of Circular 38/2020/TT-BCA, the head of the People's Public Security unit issuing or creating materials containing state secrets is responsible for determining the state secret and its level of confidentiality. The determination of state secrets and their level of confidentiality must be based on the list of state secrets issued by the Prime Minister of the Government of Vietnam and the provisions of the Law on Protection of State Secrets.

Illustration (Source: Internet)

From July 1, 2020, the procedures to determine state secrets and their confidentiality levels are as follows:

Step 1: Officers and soldiers drafting or creating information listed as state secrets must propose to the competent authority, as stipulated in Clause 1 of this Article, to determine the state secret, its confidentiality level, the recipients, number of copies, and whether duplication or photographing of the document or material containing state secrets is permitted at the Proposal Document, Approval Slip, signed document or document determining confidentiality level for objects, locations, speech, activities, and other forms containing state secrets. They are responsible for protecting the content of the state secrets during drafting and creation. State secret documents must show the recipient, number of copies, the name of the drafter, and whether duplication or photographing is permitted in the recipient section of the document. For electronic documents, the drafter must create a confidentiality mark on the document after it has been identified as a state secret and its confidentiality level determined by the competent authority; the printed electronic document must bear the confidentiality mark according to regulations.

In the case of repeatedly issued documents such as thematic reports or periodic reports with the same level of confidentiality, the head of the Public Security unit determines the confidentiality level once for such type of documents.

Draft documents containing state secrets must be managed and protected like officially issued documents from the drafting stage and must be destroyed immediately after the drafting or creation is completed if they are deemed unnecessary to keep.

Step 2: Officers and soldiers receiving information listed as state secrets but not yet identified as state secrets must immediately report to the head of the Public Security unit for identification or transfer to the competent agency or organization for identification.

The officer or soldier assigned to handle must have a written proposal for the head of the People's Public Security unit to determine the state secret, its confidentiality level, the recipients, number of copies, and whether duplication or photographing of the document or material containing state secrets is permitted. The received information must be protected during reception and handling.

For the sample confidentiality marks and the sample of the document determining the confidentiality level of state secrets, follow the provisions of Circular 24/2020/TT-BCA dated March 10, 2020, issued by the Minister of Public Security providing the forms used in the protection of state secrets.

More details can be found in: Circular 38/2020/TT-BCA effective from July 1, 2020.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE