Issuance of the State Secrets Protection Regulations of the Ministry of Planning and Investment of Vietnam

Issuance of the State Secrets Protection Regulations of the Ministry of Planning and Investment of Vietnam

These regulations stipulate the work of protecting state secrets of the Ministry of Planning and Investment.

Any matters not specified in these regulations shall be implemented in accordance with the relevant existing legal documents.

These regulations apply uniformly to the units and organizations under the Ministry of Planning and Investment, as well as to officials, public employees, employees in the units under the Ministry of Planning and Investment.

determination of state secrets and the level of secrecy of state secrets in Vietnam

- The person in charge or the authorized deputy of the issuing agency, unit, or organization is responsible for determining state secrets and the level of secrecy of state secrets.

The authorization to determine state secrets and the level of secrecy of state secrets must be reflected in the regulations on the protection of state secrets or working regulations, or annual work assignment documents of the agency or unit, clearly defining the scope, content, and duration of the authorization.

The authorized deputy must be accountable to the superior, to the law, and must not further delegate the authority to others.

- The determination of state secrets and the level of secrecy of state secrets must be based on the List of State Secrets in the fields issued by the Prime Minister and the provisions of the Law on Protection of State Secrets 2018.

- The sequence and procedures for determining state secrets and the level of secrecy of state secrets are as follows:

+ The person drafting or creating information belonging to the List of State Secrets must propose to the authorized person specified in Clause 1, Article 3 of Circular 16/2023/TT-BKHDT to determine the state secrets, based on the determination of state secrets, the level of secrecy of state secrets, the recipient, the number of copies to be issued, whether or not copying or photographing of documents or containers of state secrets is allowed, in the form of a written proposal, a memo for handling work, or a document specifying the level of secrecy of the material, location, verbal communication, activities, or other forms containing state secrets, and must be responsible for protecting the content and state secrets during the drafting or creation process.

+ State secret documents must be stamped with "Bản số" and the secrecy level; indicating the recipient, the number of copies to be issued, the name of the drafter, and whether or not copying or photographing is allowed in the "recipient" section of the document. In the case of electronic documents, the drafter must create a secrecy level stamp on the document after it has been determined as a state secret by the authorized person; when the electronic document is printed for distribution, it must be stamped with the secrecy level as prescribed.

+ Draft documents containing state secrets must be managed and protected like officially issued documents from the drafting stage and must be destroyed immediately after the drafting process is completed if there is no need for preservation.

When sending draft documents containing state secrets, there must be a written request to the recipient, who is responsible for protecting the content of the draft to ensure no leakage or loss.

+ Individuals receiving information belonging to the List of State Secrets but not yet being determined as state secrets, must report to the authorized person specified in Clause 1 of Article 3 of Circular 16/2023/TT-BKHDT to determine according to the sequence and procedures specified in this point or transfer to the competent agency or organization for determination. The received information must be protected to ensure no leakage or loss during the reception and processing.

- The level of secrecy of state secrets is determined by the secrecy level stamp, the document specifying the level of secrecy, or other appropriate forms in accordance with the form of the state secret container prescribed by the Ministry of Public Security.

Circular 16/2023/TT-BKHDT will take effect on February 15, 2024, and replace Circular 07/2020/TT-BKHDT dated September 30, 2020.

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