Vietnam: Equipment used for copying or photographing state secret containers must not be connected to the Internet

According to Decree No. 26/2020/ND-CP of Vietnam’s Government, state secret containers shall be copied and photographed using only equipment and devices that cannot be connected to the Internet, computer networks or telecommunications networks, unless otherwise provided for by regulations of laws on cryptography.

Thus, according to the above regulation, all devices and equipment used for copying or photographing classified documents, or containing state secrets, must ensure that there is no internet connection, computer network, or telecommunications network, except in cases where copying, photographing, or handling classified documents is carried out in accordance with legal provisions on cryptography.

Moreover, Decree No. 26/2020/ND-CP also have tight provisions on reproduction and photographing of state secret containers, specifically as follows:

- A state secret container must be reproduced and/or photographed at a safe location designated by the head of the regulatory body or organization directly managing the state secret. Such reproduction and photographing must be recorded into books for management of state secret reproduction and photographing.

- Copies of documents containing state secrets must bear marks denoting that they are copies; photocopies of state secret containers must have photographing records. Copies and photocopies shall be made in permitted amount and excess or damaged copies shall be disposed of immediately. A copy or photocopy made in accordance with regulations in this Decree shall have the same legal value as its authentic copy and must be protected as if it were the original copy.

- Confidential telegrams shall be copied and photographed in compliance with regulations of laws on cryptography.

- The Minister of Public Security shall stipulate specimen marks denoting copies of state secret containers, specimen photographing records and specimen books for management of state secret reproduction and photographing.

It can be seen that the issuance of Decree No. 26/2020/ND-CP, which elaborates some articles of the State Secrets Protection Law, has supplemented the legal framework for governing issues such as determining state secrets and their classification levels, copying and photographing classified documents or materials, transferring and receiving classified documents or materials, and taking classified documents or materials out of storage, etc. This decree contributes to the effective protection and management of important state documents in Vietnam.

View other provisions at Decree No. 26/2020/ND-CP of Vietnam’s Government, effective from July 01, 2020.

Toan Trung

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