What is a state secret? Classification of state secrets in Vietnam

What is a state secret? Classification of state secrets in Vietnam (Internet image)

1. What is state secret?

According to Clause 1, Article 2 of the State Secrets Protection Law 2018, state secret means undisclosed information carrying important contents which is specified by the head of a competent body or organization according to regulations of this Law and the divulgence or loss of which may bring harm to national interest.

State secrets may be contained in documents, objects, locations, speeches, activities or other forms.

2. Classification of state secrets in Vietnam

Based on the importance of their contents and scale of damage in case of divulgence or loss, state secrets are classified into the following 03 levels:

- State secrets classified as “top secret” are those related to politics, national defense and security, cryptography and foreign affairs whose divulgence or loss can cause exceptionally grave damage to national interest;

- State secrets classified as “secret” are those related to politics, national defense and security, cryptography, constitution formulation, legislation, judiciary, foreign affairs, economy, resources and the environment, science and technology, education and training, culture, sport, information and communications, healthcare, population, labor and social affairs, organizational structure and official affairs, inspection, supervision, handling of violations, settlement of complaints and denunciations, anti-corruption and state audit whose divulgence or loss can cause extremely grave damage to national interest;

- State secrets classified as “confidential” are those related to politics, national defense and security, cryptography, constitution formulation, legislation, judiciary, foreign affairs, economy, resources and the environment, science and technology, education and training, culture, sports, information and communications, healthcare, population, labor and social affairs, organizational structure and official affairs, inspection, supervision, handling of violations, settlement of complaints and denunciation, anti-corruption and state audit whose divulgence or loss can cause grave damage to national interest.

(Article 8 of the State Secrets Protection Law 2018)

3. Prohibited acts regarding state secrets protection in Vietnam

Prohibited acts regarding state secrets protection in Vietnam specified in Article 5 of the State Secrets Protection Law 2018 include:

- Divulgence, appropriation, selling and buying of state secrets; falsification and damage of state secret containers.

- Illegal collection, exchange, provision and transfer of state secrets; illegal copying, photographing, retention, transport, delivery, receipt, recall and destruction of state secret containers.

- Illegally taking state secret containers out of their storage.

- Exploitation or abuse of activities of state secrets protection or use of state secrets to conduct or conceal violations against regulations of laws, to commit violations of legitimate rights and interest or to obstruct operation of regulatory bodies, organizations or individuals.

- Creation or retention of a document containing state secrets in a computer or another device that has been or is being connected to the Internet, computer network or telecommunications network, excluding cases of state secrets retention regulated by cryptography laws.

- Uploading state secrets onto communications or telecommunications media against regulations of cryptography laws.

- Using a computer or another device that has been used to create, retain or exchange a state secret for another purpose before such state secret is removed.

- Use of a device capable of receiving and/or transmitting signals, recording or filming during a conference, seminar or meeting containing state secrets in any shape or form without permission from a competent person.

- Upload and distribution of state secrets on mass media, the Internet, computer network or telecommunications network.

Diem My

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