Quyết định 1178/QĐ-TTg 2020 Danh mục bí mật nhà nước trong lĩnh vực đối ngoại hội nhập quốc tế

DECISION

On promulgation of list of state secrets related to diplomacy and international integration

THE PRIME MINISTER OF VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on State Secrets Protection dated November 15, 2018;

At the request of the Minister of Foreign Affairs.

HEREBY DECIDES:

Article 1. State secrets classified as “Top secret”

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1. Reports, schemes and proposals of the Ministry of Foreign Affairs containing recommendations on the general guidelines and policies of CPV and the State concerning foreign affairs and the relations of the Socialist Republic of Vietnam with neighboring countries and major countries of strategic importance to national security, as well as the major directions for the country's economic development.

2. Plans, options and documents serving the negotiation and resolution of border and territorial issues, as well as the struggle to protect the sovereignty, sovereign rights and national jurisdiction of the Socialist Republic of Vietnam on land, in the airspace, in maritime areas, islands and continental shelves.

3. The content of meetings and exchanges of the General Secretary, the President, the Chairperson of the National Assembly, and the Prime Minister of the Socialist Republic of Vietnam with foreign organizations and individuals including matters of strategic significance concerning the country's sovereignty, territorial integrity, national defense and major directions for the country’s economic development.

4. Information and documents transferred by foreign countries, international organizations or other subjects of international law under an international treaty to which the Socialist Republic of Vietnam is a signatory and under which the parties have agreed to provide protection at the “Top Secret” level or equivalent.

Article 2. State secrets classified as “Secret”

1. State secrets classified as “Secret” include reports, schemes and proposals from the Ministry of Foreign Affairs to the Politburo, the Secretariat and the Prime Minister containing content concerning the assessment of the relationship between the Socialist Republic of Vietnam and major partners, neighboring countries, regions, major partners and international organizations, as well as recommendations on the CPV's and State's guidelines and policies toward those partners.

2. Regarding the implementation of foreign affairs:

a) Proposals submitted by the Ministry of Foreign Affairs to the Government concerning the establishment, alteration of status, or suspension of diplomatic and consular relations with countries and intergovernmental international organizations.

b) Proposals submitted by the Ministry of Foreign Affairs to the Government concerning the establishment, suspension or shutdown of overseas Vietnamese diplomatic missions.

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d) Schemes and proposals submitted by the Ministry of Foreign Affairs containing recommendations on guidelines for specific diplomatic activities of members of the Politburo, the Secretariat, the Vice President, the Vice Chairperson of the National Assembly, the Deputy Prime Minister of the Socialist Republic of Vietnam, and the reception of foreign delegations visiting Vietnam.

dd) The content of meetings and discussions held by leaders of ministries, central authorities and local authorities with foreign organizations and individuals that affect national security, socio-economic stability and development, as well as the prestige and international standing of the Socialist Republic of Vietnam.

3. Regarding border and territorial affairs:

a) Reports, schemes and proposals submitted by the Ministry of Foreign Affairs to the Politburo and the Prime Minister concerning negotiations and dialogues with other countries on border and territorial issues within the framework of bilateral relations or at multilateral institutions. Reports on the results of negotiations and dispute resolution and protection of sovereignty, sovereign rights and national jurisdiction of the Socialist Republic of Vietnam on land, in the airspace, in maritime areas, islands and continental shelves.

b) Reports on the assessment, protection and management of the national borders and territory, airspace, maritime areas, islands and continental shelves of the Socialist Republic of Vietnam which affects the resolution of maritime border disputes or the relations of the Socialist Republic of Vietnam with other countries.

c) Proposals submitted by the Ministry of Foreign Affairs to the Politburo and the Prime Minister containing recommendations on the guidelines, policies and options for delineating the national borders, the boundaries of exclusive economic zones and the continental shelves of the Socialist Republic of Vietnam with neighboring countries.

d) Proposals submitted by the Ministry of Foreign Affairs to the Politburo and the Prime Minister containing recommendations on guidelines, policies, options, and political, diplomatic, legal and public awareness efforts to protect the sovereignty, sovereign rights and national jurisdiction over the land, airspace, and maritime areas of the Socialist Republic of Vietnam.

dd) Reports, maps and nautical charts related to the establishment of national borderlines and border markers on land that have not been made public.

4. Reports and proposals submitted to the Politburo and the Prime Minister, as well as schemes for organization or plans for implementation of guidelines and policies for overseas Vietnamese organizations and individuals of the Ministry of Foreign Affairs which contain content affecting national security and the socio-economic stability and development of the Socialist Republic of Vietnam that have not been made public.

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a) Directives and guidance issued by the Ministry of Foreign Affairs to overseas Vietnamese diplomatic agencies concerning the implementation of the CPV and State's policies in conducting diplomatic activities for the host country, addressing, negotiating and resolving border and territorial issues, and carrying out activities for overseas Vietnamese organizations and individuals that have not been made public.

b) Reports sent by overseas Vietnamese diplomatic missions containing content that reflects and assesses impacts on the relations between the Socialist Republic of Vietnam and the host country, which affect national security and the country's socio-economic stability and development what have not been made public.

6. Options, plans, preparatory documents, negotiation content and documents signed with foreign countries, international organizations or other subjects according to the provisions of international law that affect the country's diplomacy, security and defense work that have not been made public.

7. The cipher network diagrams and plans for storage and deployment of cryptographic techniques, plans and locations for the receipt and delivery of cryptographic techniques, documents on the management and use of cryptographic products, instructional materials on cryptography, and procedures for use of cryptography by cipher forces working in the diplomatic field.

8. Technical designs for ensuring the security and safety of offices of the Ministry of Foreign Affairs and overseas Vietnamese diplomatic missions that have been approved by competent authorities.

9. Information and documents transferred by foreign countries, international organizations or other subjects of international law under an international treaty to which the Socialist Republic of Vietnam is a signatory and related international agreements under which both parties agree to provide protection at the “Secret” level or equivalent.

Article 3. State secrets classified as “Confidential”

1. Reports and proposals submitted by ministries and central authorities containing content that reflects and assesses international and regional issues attracting the attention of international public awareness , and recommendations on the CPV’s and the State’s guidelines and policies in the addressing of these issues that have not been made public.

2. Reports and proposals submitted by ministries, central authorities and local authorities containing recommendations on policies and plans for implementing specific cooperation with foreign partners that affect the country's socio-economic situation that have not been made public.

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a) Schemes and proposals submitted by ministries, central authorities and local authorities containing recommendations on diplomatic activities of the leaders of ministries, central authorities and local authorities or recommendations related to the reception of foreign delegations visiting Vietnam that affect the country's diplomacy, security, defense and socio-economic situation that have not been made public.

b) Reports submitted by ministries, central authorities and local authorities on the outcomes of overseas business trips, participation in international conferences, and reception of foreign delegations visiting or transiting in Vietnam that contain content affecting the country's diplomacy, security, defense and socio-economic situation that have not been made public.

c) Minutes, records of exchanges and reports on external contacts of diplomats with representatives of diplomatic missions of countries and international organizations that contain content affecting the diplomacy, security, defense, and socio-economic situation that have not been made public.

d) Reports and proposals submitted by ministries and central authorities to the Politburo and the Prime Minister containing recommendations on directives related to the implementation of the enforcement resolutions of the United Nations Security Council for domestic and foreign entities, organizations and individuals.

4. Regarding border and territorial affairs:

a) Plans for organization and results of researches, investigations and surveys in border areas, maritime zones, islands and continental shelves in dispute.

b) Reports on the assessment, protection and management of national borders, territory, airspace, maritime areas, islands and continental shelves of Vietnam, which contain important content regarding the relations of the Socialist Republic of Vietnam with other countries (except for the content specified in point b, clause 3, Article 2).

c) Reports and proposals containing recommendations on guidelines and options for resolving incidents and complex cases in border areas and maritime boundary areas between the Socialist Republic of Vietnam and other countries.

5. Regarding diplomatic information:

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b) Reports and proposals containing recommendations on guidelines for the management and licensing of communication and press operation of foreign press agencies in Vietnam, as well as foreign press agencies accompanying foreign delegations visiting Vietnam that have not been made public.

c) Overall projects, implementation plans, and content for disseminating information on border, territorial, maritime and island issues that have not been made public.

d) Recommendations and statements to political leaders, the Spokesperson of the Ministry of Foreign Affairs on border and territorial issues that have not been made public.

6. Regarding management of overseas Vietnamese diplomatic missions:

a) Proposals submitted by the Ministry of Foreign Affairs containing recommendations to the Prime Minister to propose the Standing Committee of the National Assembly’s approval for appointment and dismissal of ambassadors extraordinary and plenipotentiary; and recommendations to the Prime Minister to propose the President’s signing of decisions to dispatch or recall ambassadors extraordinary and plenipotentiary, Permanent Representatives of the Socialist Republic of Vietnam at the United Nations, the World Trade Organization, ASEAN, and the Representatives of the President of the Socialist Republic of Vietnam at international organizations.

b) Reports and proposals submitted to the Minister of Foreign Affairs concerning the appointment, extension of term, or recall of Permanent Representatives of the Socialist Republic of Vietnam at international organizations (except in cases provided for in point a, clause 6 of this Article), heads of overseas consulates of the Socialist Republic of Vietnam; and the appointment or dismissal of overseas Honorary Consuls of the Socialist Republic of Vietnam.

c) Documents used during the preparation of appointment of heads of embassies of the Socialist Republic of Vietnam that have not been made public.

d) Schemes, reports and proposals of the Ministry of Foreign Affairs related to personnel arrangements and the assignment of officials for term-based duties at overseas Vietnamese diplomatic missions that have not been made public.

dd) Reports, proposals and conclusions of the Ministry of Foreign Affairs related to the collection of information, investigation and identification of personnel working at overseas Vietnamese diplomatic missions.

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7. Proposals submitted by the Ministry of Foreign Affairs concerning the issuance of decisions to approve or not approve foreign diplomats and Vietnam-based international organizations.

8. Reports, proposals and recommendations of ministries and central authorities concerning the handling of issues related to privileges, immunities and disputes of embassies of foreign countries, representative agencies and representative offices of international organizations in Vietnam.

9. Options, plans, preparatory documents, negotiation content and documents signed with foreign countries, international organizations or other subjects according to the provisions of international law that affect the country’s socio-economic situation that have not been made public.

10. Plans, proposals, preparatory documents, content of negotiation and resolution of disputes and complaints between the State, the Government, and ministries and central authorities of the Socialist Republic of Vietnam with foreign agencies, organizations and individuals that have not been made public.

11. Agreements on cooperation and coordination between the Ministry of Foreign Affairs and other ministries, central authorities, and local authorities containing content affecting the diplomacy, security and national defense that have not been made public.

12. Information and documents transferred by foreign countries, international organizations or other subjects of international law under an international treaty to which the Socialist Republic of Vietnam is a signatory and related international agreements under which the foreign parties request the protection at the “Confidential” level or equivalent.

Article 4. Effect

This Decision comes into force from the day on which it is signed.

Article 5. Implementation

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2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of the People's Committees of provinces and central-affiliated cities are responsible for implementation of this Decision./.

THE PRIME MINISTER




Nguyen Xuan Phuc