Requirements for destruction of documents and containers of state secrets in Vietnam

Requirements for destruction of documents and containers of state secrets in Vietnam (Internet image)

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

1. Cases of destruction of documents and containers containing state secrets in Vietnam

According to Clause 1, Article 14 of Circular 104/2021/TT-BCA, cases of destruction of state secret documents and containers include:

(i) When it is not necessary to keep and the destruction does not cause harm to the interests of the nation and people;

(ii) If it is not destroyed immediately, it will cause harm to the interests of the nation and people.

2. Requirements for destruction of state secret documents and containers in Vietnam

The destruction of documents and containers containing state secrets must satisfy the following requirements:

- Not revealing or losing state secrets;

- The destruction process must change the shape, function, and effect of documents and containers containing state secrets and completely eliminate state secret information;

- Documents and containers containing state secrets after destruction cannot be restored to their shape, features, effects, and content.

(Clause 2, Article 14 of Circular 104/2021/TT-BCA)

3. Authority to destroy documents and containers containing state secrets in Vietnam

Pursuant to Clause 3, Article 14 of Circular 104/2021/TT-BCA, the authority to destroy documents and containers of state secrets is prescribed as follows:

(1) Persons competent to decide to destroy documents and containers containing State secrets of Secret, Top Secret, and Confidentiality levels specified in Clauses 1 and 2, Article 4 of Circular 104/2021/TT-BCA, specifically include:

- Minister of Public Security;

- Director, Commander, and equivalent positions of units under the Ministry;

- Directors of Public Security in provinces and centrally run cities;

- Heads of public non-business units under the Ministry of Public Security;

- Manager; Chiefs of police of districts, urban districts, towns, provincial cities, cities under centrally-run cities; Regiment commander and equivalent positions;

- Deputy of the people specified above.

(2) Officers and soldiers who are managing documents and containers of state secrets may decide to destroy them in the cases specified in (ii) section 1 and immediately report in writing about the destruction to the competent person specified in (1).

4. Prohibited acts regarding State secrets protection in Vietnam

Prohibited acts regarding State secrets protection 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 on mass media, the Internet, computer network or telecommunications network.

(Article 5 of the State Secrets Protection Law 2018)

Nguyen Thi Hoai Thuong

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