Is the act of revealing the National High School Exam question paper subject to imprisonment in Vietnam?

Is the act of revealing the National High School Exam question paper subject to imprisonment in Vietnam? (Internet image) 

1. What are the regulations on National High School Exams question papers regulated?

According to Article 1 of Decision 531/QD-TTg of 2023, the official exam questions, the preparatory exam questions, the answers to the official exam questions, the answers to the preparatory exam questions of the high school graduation exams, the national selection of excellent students, and the international and regional Olympic team selection exams that have not been made public are state secrets of the highest level.

2. Revealing the national high school exam is strictly prohibited in Vietnam

Prohibited acts in the protection of state secrets 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 

Thus, revealing the National High School Exam is a prohibited act according to the law.

3. Administrative sanction for the act of revealing the National High School Exam question paper in Vietnam

According to Clause 4, Article 19 of Decree 144/2021/ND-CP, a fine of from VND 20.000.000 to VND 30.000.000 shall be imposed for any of the following violations:

- Disclosing classified information; losing classified documents or items, but not to the extent of being prosecuted for penal liability;

- Failing to post or spread classified documents on the mass media, the Internet, computer networks and telecommunications networks in accordance with regulations of the Law;

- Failing to transmit classified documents on the mass media, telecommunications networks in accordance with regulations of the Law;

Thus, the act of revealing the national high school exam can be fined from VND 20,000,000 to VND 30,000,000 for individuals.

In particular, according to the provisions of Clause 2, Article 4 of Decree 144/2021/ND-CP, the fine is doubled for the violating organization, ie a fine of between 40,000,000 and 60,000,000 for the organization revealing the national high school exam

In addition, forcibly removing the leaked National High School exam questions.

4. Is the act of revealing the National High School Exam subject to imprisonment in Vietnam?

- The crime of intentionally disclosing state secrets can be punishable by imprisonment from 2 years to 15 years, depending on the nature and seriousness of the violation specified in Article 337 of the Penal Code 2015 (amended in 2017).

- The crime of unintentionally disclosing state secrets can be punishable by imprisonment from 6 months to 7 years, depending on the nature and seriousness of the violation specified in Article 338 of the Penal Code 2015 (amended in 2017).

Nguyen Ngoc Que Anh

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