Ministry of Public Security of Vietnam promulgated Circular 104/2021/TT-BCA dated November 8, 2021 on protecting state secrets in the People's Public Security.
According to the Circular, additional regulations on upper time limit imposed on the protection of state secrets are added as follows:
- The time limit for the 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 protection of state secrets, the head or authorized deputy of the People's Public Security unit that determines state secrets shall decide to extend the time limit for protection of state secrets of Vietnam
Each extension shall not exceed 10 years for State secrets of Confidentiality, 20 years for State secrets of Top Secret, and 30 years for State secrets of Top Secret.
- After the extension, the state secret must be stamped with "Extension of the time limit for protection of state secrets", with a written or other form confirming the extension.
- Within 15 days from the date of extension, the People's Public Security unit that has extended the extension must notify in writing relevant agencies, organizations and individuals.
- The sealed specimen "Extension of time limit for protection of state secrets" shall comply with the provisions of Circular 24/2020/TT-BCA.
(Currently, Circular 38/2020/TT-BCA does not regulate this content).
Circular 104/2021/TT-BCA of Vietnam takes effect from December 23, 2021 and replaces Circular 38/2020/TT-BCA.
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