Latest reporting requirements for state secret protection in Vietnam

Latest reporting requirements for state secret protection in Vietnam (Internet image)

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

1. Reporting requirements for state secret protection in Vietnam

Reporting requirements for state secret protection in Vietnam according to Article 8 of Decree 26/2020/ND-CP is as follows:

- Heads of the regulatory bodies and organizations mentioned in Clause 1 Article 7 of Decree 26/2020/ND-CP shall report on protection of state secrets under their management to the Ministry of Public Security, which shall submit consolidated reports to the Prime Minister, with the following requirements:

+ Summary reports shall be submitted every five years; preliminary reports shall be submitted annually;

+ Ad hoc reports shall be submitted immediately after state secret divulgence or loss or at the request of the Ministry of Public Security;

+ Data collection period for annual reports: from December 15 of the year preceding the reporting year to December 14 of the reporting year;

+ Annual report submission deadline: December 20 of the reporting year.

- Reports on state secret protection shall focus on:

+ Analysis and assessment of situation related to state secret protection;

+ Results of state secret protection; strengths, weaknesses, causes thereof and lessons learned through direction and execution;

+ State secret divulgence and loss situation and figures; causes thereof and handling of consequences;

+ Forecasts; upcoming state secret protection focus and recommendations, propositions.

- The Ministry of Public Security shall assist the Government with formulation of five-year summary reports and annual preliminary reports on nationwide state secret protection.

2. Regulations on assignment of personnel for state secrets protection tasks in Vietnam

Regulations on assignment of personnel for state secrets protection tasks according to Article 7 of Decree 26/2020/ND-CP are as follows:

- Office of the Central Steering Committee and Party Central Committee’s Commission; central bodies of socio-political organizations; Office of the National Assembly; Office of the President; Ministries, Ministerial-level bodies, Governmental agencies, Supreme People’s Court; Supreme People’s Procuracy; State Audit Office; and People’s Committees of provinces and central-affiliated cities shall assign personnel for protection of state secrets in offices or administrative units on a full-time basis.

- Affiliates of the regulatory bodies and organizations mentioned in Clause 1 of Article 7 of Decree 26/2020/ND-CP; Party Executive Committees of provinces and cities, provincial People's Councils; Party Executive Committees of districts and district-level People's Councils and People's Committees shall assign personnel for protection of state secrets in offices or administrative units on a part-time basis.

- Minister of National Defense and Minister of Public Security shall stipulate assignment of personnel for protection of state secrets of armed forces and cryptographer forces on fulltime and part-time basis.

- Standards for personnel assigned the tasks of state secret protection on fulltime and part-time basis:

+ They have moral values, meet standards pertaining to politics, possess legal and professional knowledge necessary for state secret protection, seriously abide by guidelines and policies of the Communist Party and laws of the State;

+ They shall protect state secrets; follow the assignment and mobilization of regulatory bodies and organizations and fulfill all tasks assigned.

- Full-time and part-time state secret protectors are entitled to benefits as prescribed by law.

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