Guidelines for determination of state secrets and confidentiality of state secrets in Vietnam

Guidelines for determination of state secrets and confidentiality of state secrets in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

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 the State Secrets Protection Law 2018 and the divulgence or loss of which may bring harm to national interest.

2. Guidelines for determination of state secrets and confidentiality of state secrets in Vietnam

Guidelines for determination of state secrets and confidentiality of state secrets in Vietnam according to Article 2 of Decree 26/2020/ND-CP are as follows:

- The creator of information included in a state secrets list must request the head of their regulatory body or organization to determine such information as a state secret, level of confidentiality and recipient of this state secret, number of copies to be distributed and whether the container of this state secret may be reproduced and/or photographed in the application for approval or in the notice of confidentiality of the object, location, speech or activity containing the state secret; and protect the state secret during the creation process.

A document containing a state secret must specify the recipient, number of copies distributed, creator name and whether reproduction and/or photographing is/are permitted in the recipient section of the document.

If it is an electronic document, the creator shall leave a confidentiality marking on the document after it is identified as a state secret and its confidentiality level is determined by the competent person; electronic documents printed for distribution must bear confidentiality markings as per regulations.

- The recipient of information included in a state secrets list but not yet determined as a state secret must report to the head of their regulatory body or organization and deliver the information to the unit with competence in handling.

The person assigned to handle such information shall request the competent head of regulatory body or organization to determine such information as a state secret, level of confidentiality and recipient of this state secret, number of copies distributed and whether the container of this state secret may be reproduced and/or photographed in writing.

The information received must be protected during the receipt and handling processes.

- The Ministry of Public Security shall stipulate specimen state secret confidentiality markings and specimen state secret confidentiality notices.

3. Prohibited acts regarding protection of state secrets in Vietnam

Prohibited acts regarding protection of state secrets under Article 5 of the State Secrets Protection Law 2018 are as follows:

- 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.

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