The authority to allow copying state secret documents of the Ministry of Planning and Investment in Vietnam as of February 15, 2024

The authority to allow copying state secret documents of the Ministry of Planning and Investment in Vietnam as of February 15, 2024 (Internet image)

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

On December 29, 2023, the Minister of Planning and Investment issued Circular 16/2023/TT-BKHDT on the Regulations on the Protection of State Secrets of the Ministry of Planning and Investment.

What is copying state secret documents under the law in Vietnam?

Copying state secret documents means reproducing or creating another version of the original or main content of the document. Taking pictures of documents or containers of state secrets means recording the document or container of state secrets through images.

The forms of copying state secret documents include: copying the original, copying the duplicate, and copying the extract.

(Article 4, Clause 1 of the Regulations issued together with Circular 16/2023/TT-BKHDT)

The authority to allow copying state secret documents of the Ministry of Planning and Investment in Vietnam

Specifically, the authority to allow copying, photographing state secret documents and containers of state secrets of the Ministry of Planning and Investment is regulated as follows:

(i) The authorized person to allow copying, photographing state secret documents and containers of state secrets at the "Top Secret" level includes:

- Minister of Planning and Investment;

- Heads of units under the Ministry, except for the head of public career units.

(ii) The authorized person to allow copying, photographing state secret documents, containers of state secrets at the "Secret" level includes:

- Those specified in point a of this clause;

- Heads of public career units under the Ministry;

- Heads of Departments, Bureaus, and equivalent units under the General Statistics Office.

(iii) The authorized person to allow copying, photographing state secret documents, containers of state secrets at the "Confidential" level includes:

- Those specified in point b of this clause;

- Heads of room-level units under the Ministry.

Note: The authorized persons to allow copying, photographing state secret documents, and containers of state secrets specified in (i) and (ii) may delegate the authority to their deputies to perform the authority to allow copying, photographing state secret documents, and containers of state secrets.

The delegation of authority to allow copying, photographing state secret documents, containers of state secrets must be done regularly or in specific cases and must be expressed in writing, clearly defining the scope, content, and duration of the delegation.

Deputies authorized to allow copying and photographing state secret documents and containers of state secrets must be responsible for their own copying and photographing decisions before their superiors and before the law, and they must not further delegate to others.

(Articles 2 and 3, Clause 4 of the Regulations issued together with Circular 16/2023/TT-BKHDT)

What are the procedures for copying state secret documents of the Ministry of Planning and Investment?

Copying, photographing state secret documents, containers of state secrets of the Ministry of Planning and Investment are carried out as follows:

- After being authorized by the authorized person according to regulations, the assigned person carries out the copying and photographing of state secret documents, containers of state secrets.

- The copy of the state secret document is stamped with "copy number" at the top right corner of the first page and "state secret copy" at the last page of the document after copying, in which the copy number, form of copying the original or duplicate, time, quantity, place of receipt, authorized person to allow copying, and seal of the agency or unit (if any) must be indicated.

- The extract of the state secret document must be made according to the "Extract Document" form, in which the full content of the extract, time, quantity, place of receipt, authorized person to allow copying, and seal of the agency, unit (if any) must be indicated. The extract must be stamped with the corresponding secrecy level of the extracted document.

- The photograph of the document or container of state secrets must have a "document recording the photographing of state secret documents or containers of state secrets", in which the name, type of document, container of state secrets, secrecy level, time, quantity, place of receipt, person performing the photographing of state secret documents, containers of state secrets, authorized person to allow photographing, and seal of the agency, unit (if any) must be indicated.

- The copying and photographing must be recorded in the "Management Book of State Secret Copying and Photographing" for management and monitoring.

Note: The person assigned to carry out the copying and photographing of state secret documents and containers of state secrets must be an officer, civil servant, official, or person involved in state secrets.

After being authorized by the authorized person, the assigned person carries out the copying, photographing of state secret documents, containers of state secrets in accordance with the permitted quantity and immediately destroys the excess and damaged copies.

(Articles 4 and 5, Clause 4 of the Regulations issued together with Circular 16/2023/TT-BKHDT)

More details can be found in Circular 16/2023/TT-BKHDT, taking effect on February 15, 2024.

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