What is the time period for state secrets protection in Vietnam? What are the regulations on the declassification of state secrets? – Thanh Hoa (Nghe An, Vietnam)
Article table of contents
Time period for state secrets protection in Vietnam (Internet image)
1. Time period for state secrets protection in Vietnam
Time period for state secrets protection specified in Article 19 of the State Secrets Protection Law 2018 as follows:
- The time period in which a state secret is protected starts from the date on which its confidentiality level is determined until the expiration of:
+ 30 years, if the state secret is classified as “top secret”;
+ 20 years, if the state secret is classified as “secret”;
+ 10 years, if the state secret is classified as “confidential”.
- The time period for protection of an operation concerning a state secret may be shorter than prescribed above and must be specified in the container of such secret upon determination of the confidentiality level.
- The protection of a location concerning a state secret shall end when the competent authority or organization stops using such location to store the state secret.
2. Extension of state secrets protection period in Vietnam
- The time limit for protection of state secrets may be extended if the declassification harms the interests of the nation or nation.
- At least 60 days before the expiration of the time limit for state secret protection, the head of the agency or organization determining state secrets shall decide to extend the time limit for protection of state secrets. Each extension must not exceed the time limit specified in Clause 1, Article 19 of the Law on Protection of State Secrets 2018.
- After the extension, the state secret must be stamped, with a document or other form identifying the extension.
- Within 15 days from the date of extension, the agency or organization that has extended the extension must notify in writing the relevant agency, organization or individual.
Relevant agencies, organizations and individuals, upon receiving notices of the extension, shall have to affix seals, documents or other forms to determine the extension of state secrets under their management.
(Article 20 of the State Secrets Protection Law 2018)
3. Declassification of state secrets in Vietnam
The declassification of state secrets is prescribed in Article 22 of the State Secrets Protection Law 2018 as follows:
- Declassification of a state secret means releasing the state secret from confidentiality.
- A state secret may be fully or partially declassified in any of the following cases:
+ The protection period defined in Article 19 of this Law and the extension period defined in Article 20 of this Law have expired;
+ Fulfillment of real requirements for protection of national interest; socio-economic development; and international integration and cooperation;
+ The state secret is no longer included in a state secrets list.
- The cases specified in Point a and Point c Clause 2 in Article 22 of the State Secrets Protection Law 2018 shall naturally be declassified.
For the case defined in Point c Clause 2 in Article 22 of the State Secrets Protection Law 2018 , the regulatory body or organization determining the state secret shall put the declassification seal on the state secret and notify the declassification in writing or other forms, and immediately inform relevant regulatory bodies, organizations and individuals in writing.
- Declassification in the case defined in Point b Clause 2 herein is regulated as follows:
+ The head of the regulatory body or organization determining the state secret shall establish a declassification council;
+ The declassification council shall have the representative of the head of the regulatory body or organization determining the state secret as its Chairperson; and representatives of relevant regulatory bodies and organizations as its members;
+ The declassification council shall consider declassification and report to the head of regulatory body or organization determining the state secret for decision;
+ After being declassified, the state secret must bear the declassification seal, and have the declassification notified in writing or other forms; if the state secret is partially declassified, the declassification decision must include the full declassified contents;
+ The declassification dossier, including the decision on establishment of the declassification council; the state secret to be declassified; meeting minutes of the declassification council; declassification decision and other relevant documents, must be retained.
- For state secrets retained by the historical archival unit, if the regulatory body determining the state secret is unidentifiable, the historical archival unit shall decide declassification according to regulations of archiving laws.
- The regulatory body or organization deciding declassification must notify relevant regulatory bodies, organizations and individuals in writing no later than 15 days after the date of issuance of the declassification decision.
After receiving the declassification notice, relevant regulatory bodies, organizations and individuals shall put the declassification seal on state secrets under their management and notify the declassification in writing or other forms.
Diem My
