Vietnam: State secret container is allowed to be taken out of its storage

Specifically, according to Clause 1 Article 14 of the Law on State Secrets Protection 2018 of Vietnam:

Article 14. Taking state secret containers out of storage

1. Taking a state secret container out of its storage for domestic purposes must be permitted by the head or an authorized deputy of the regulatory body or organization managing the state secret.

Previously, the Ordinance on State secrets protection 2000 of Vietnam did not regulate cases where state secret containers may be taken out of storage. It was not until the Government issued Decree No. 33/2002/ND-CP guiding the implementation of the Ordinance on Protection of State Secrets that there were provisions, but only for cases of bringing documents abroad.

According to Article 20 of Decree No. 33/2002/ND-CP of Vietnam’s Government: “Vietnamese citizens, who wish to carry abroad documents and/or objects bearing State secrets in service of their work or scientific research, must ask for permission of the heads of the central and local agencies or organizations or their authorized persons. While staying abroad, they must apply measures to manage and keep secret such documents and/or objects. The supply thereof to foreign organizations and individuals must comply with the provisions in Article 19 of this Decree.”

State secret containers must be managed and protected when they are taken out of storage. During the time a state secret container is taken out of its storage, if the state secret is divulged or lost, the person carrying the state secret container must report to the head of the regulatory body or organization managing the state secret and head of the official business team immediately for response and remedial measures.

This is a new step in perfecting the legal basis for State Secrets. Thanks to these new regulations, agencies and organizations no longer encounter many obstacles in the process of managing and delivering State Secrets.

View more details at the Law on State Secrets Protection 2018 of Vietnam, effective from July 01, 2020.

Toan Trung

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