Cases of destruction of state secret containers in Vietnam

Cases of destruction of state secret containers in Vietnam (Internet image)

1. Cases of destruction of state secret containers in Vietnam

According to Clause 1, Article 23 of the State Secrets Protection Law 2018, a state secret container must be destroyed if:

- It is not necessary to retain such container and the destruction causes no harm to national interest; or

- Failure to immediately destroy such container will bring harm to national interest.

2. Requirements for destruction of a state secret container in Vietnam

Requirements for destruction of a state secret container include:

- The state secret must be protected from divulgence or loss;

- The state secret container must be destroyed in a manner that changes its shape, features and uses;

- After being destructed, the shape, features, uses and contents of the state secret container must be irreparable.

(Clause 2, Article 23 of the State Secrets Protection Law 2018)

3. Competence in destruction of state secret containers in Vietnam

Clause 3, Article 23 of the State Secrets Protection Law 2018 stipulates competence in destruction of state secret containers as follows:

* Group 1:

- Heads of central organizations of the Communist Party; heads of affiliates of the Central Steering Committee of the Communist Party;

- Heads of organizations of the National Assembly and affiliates of the Standing Committee of the National Assembly; the Secretary General of the National Assembly - Chief of Office of the National Assembly;

- Chief of Office of the President;

- Chief Justice of the Supreme People’s Court, Chief Prosecutor of the Supreme People’s Procuracy;

- State Auditor General;

- Chief Justices of Superior People’s Courts, Chief Justices of provincial People’s Courts, Chief Prosecutors of Superior People’s Procuracies, and Chief Prosecutors of provincial People’s Procuracies;

- Heads of central bodies of socio-political organizations;

- Ministers and heads of Ministerial-level agencies;

- Heads of Governmental agencies;

- Secretaries of Party Executive Committees of provinces and cities and Head of Delegation of the National Assembly Deputies, Chairpersons of People's Councils, Chairpersons of People's Committees of provinces and central-affiliated cities;

- Superiors of the persons specified in Points a, b, c, h and i, Clause 1, Article 11 of the State Secrets Protection Law 2018;

- Heads of Office of the State Audit Office, affiliates of the State Audit Office, specialized State Audit Offices and regional State Audit Offices;

- Heads of affiliates of the bodies specified in Points a, b, c, d, dd, g and h, Clause 1, Article 11 of the State Secrets Protection Law 2018, excluding heads of public service providers;

- Heads of overseas representative missions of the Socialist Republic of Vietnam.

- Heads of affiliates of Governmental agencies;

- Heads of public service providers affiliated to the bodies specified in Points a, b, c, d, dd, g, h and i, Clause 1, Article 11 of the State Secrets Protection Law 2018; heads of departments affiliated to general departments and equivalent;

- Heads of provincial socio-political organizations and regulatory bodies and equivalent;

- Heads of affiliates of Superior People’s Courts, provincial People’s Courts, Superior People’s Procuracies and provincial People’s Procuracies, excluding the persons specified in Point b Clause 3, Article 11 of the State Secrets Protection Law 2018; Chief Justices of People’s Courts and Chief Prosecutors of district-level People’s Procuracies;

- Secretaries of Party Executive Committees of districts and cities, Chairpersons of People's Councils and Chairpersons of People’s Committees of districts;

- Chairpersons of Members’ Councils, Chairpersons of companies, Directors or General Directors of state-owned enterprises.

* Group 2:

The Minister of National Defense and Minister of Public Security shall stipulate competence in destruction of state secret containers under their management;

* Group 3:

 A person managing a state secret container has the right to decide destruction of such container in any of the cases failure to immediately destroy such container will bring harm to national interest and must immediately report such destruction in writing to the head of the regulatory body or organization where they are employed.

(Clause 3, Article 23 of the State Secrets Protection Law 2018)

Diem My

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