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THE STANDING COMMITTEE OF NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
30/2000/PL-UBTVQH10
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Hanoi, December 28, 2000
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ORDINANCE
ON STATE SECRETS PROTECTION
(No.
30/2000/PL-UBTVQH10 of December 28, 2000)
In order to raise the responsibility of State
bodies, political organizations, socio-political organizations, social
organizations, economic organizations, other organizations, people�s armed force units and all citizens in the task of
protecting the State secrets, contributing to the building and defense of the
Fatherland;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly, at its 6th
session, on the 2000 law and ordinance making program;
This Ordinance prescribes the protection of the State secrets.
Chapter I
GENERAL PROVISIONS
Article 1.- The State secrets mean information on cases,
affairs, documents, objects, venues, time, speech, carrying important contents
in the fields of politics, national defense, security, external affairs,
economy, science, technology and other fields, which the State does not
publicize or has not yet publicized and the disclosure of which will cause harm
to the State of the Socialist Republic of Vietnam.
Article 2.- To protect the State secrets is a very important
task of the State of the Socialist Republic of Vietnam.
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Article 3.- All acts of gathering, disclosing, losing,
appropriating, buying and selling, and illegally destroying State secrets, and
the abuse of State secret protection to conceal acts of law breaking,
infringing upon the legitimate rights and interests of agencies, organizations
and citizens, or obstructing the implementation of State plans are strictly
forbidden.
The access to, preservation, supply and
treatment of State secrets must comply with the Government�s regulations.
Chapter
II
THE SCOPE OF STATE SECRETS
Article 4.- Depending on the importance of the contents of
information and the extent of harm caused if disclosed, the State secrets are
classified into three categories: Absolute secret, top secret and secret.
Article 5.- The State secrets in the following fields are
classified as absolute secret:
1. The national security strategies; the
national defense plans; the plans on mobilization to cope with wars; weapons
and means of decisive significance for the national defense capability;
2. The domestic and foreign lines and policies
of the Communist Party of Vietnam and the State of the Socialist Republic of
Vietnam, which are not or have not yet been publicized.
Information transferred by foreign countries or
international organizations to Vietnam, which are determined by the Government
as being absolute secret;
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4. The national cipher;
5. The national strategic reserves; data on
State budget estimates and settlement regarding domains not yet publicized;
plans on money issuance, safety lock of each money sample and papers with
monetary value; unpublicized schemes or plans for money recovery and change;
6. Restricted areas, places; other information
and documents which are determined by the Government as absolute secret.
Article 6.- The State secrets in the following scope are
classified top secret:
1. High-level talks and contacts between our
country and foreign countries or international organizations in the political,
defense, security, external, economic, scientific, technological and other
domains, which have not yet been publicized.
Information transferred by foreign countries or
international organizations to Vietnam, which are determined by the Government
as top secret;
2. Operation organization, equipment and combat
plans of people’s armed force units,
except the organization and operation prescribed in Clause 3, Article 5 of this
Ordinance; plans for production, transport and storage of weapons; important
works on border, air space, sea and island defense;
3. Military maps; State coordinates of grade I,
grade II of the comprehensive national network enclosed with the point notes.
The locations and height value of major
checkpoints of the meteorological, hydrographic and marine-gauging stations;
the data on the height and absolute zero of marine-gauging checkpoints;
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5. Depositories and volumes of precious and rare
metals, gems, foreign exchanges and other precious and race objects of the
State;
6. Scientific works, inventions, patents,
utility solutions, professional knowhows of special importance for national
defense, security, economy, sciences, technologies, which have not yet been
publicized by the State;
7. Plans for export, import of special
commodities which occupy important position in the national development and
defense, which are not or have not yet been publicized;
8. Other information and documents, which are
determined as top secret by the Government.
Article 7.- The State secrets other than those prescribed in
Article 5 and Article 6 of this Ordinance are classified as secret.
The list of State secrets classified as secret
shall be decided by the Minister of Public Security at the proposals of the
heads or authorized persons of agencies or organizations.
Article 8.- Basing themselves on the lists of State secrets
classified as absolute secret, top secret and secret, which are promulgated by
competent authorities under the provisions of this Ordinance, the heads or the
authorized persons of agencies and organizations shall decide the
confidentiality of each specific State secret.
Article 9.- The elaboration, decision and change of
classification and declassification for each State secret must comply with the
competence and procedures prescribed in this Ordinance.
Chapter
III
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Article 10.- Contents of the State management over State
secrets protection shall include:
1. Promulgating and guiding the implementation
of, legal documents on State secrets protection;
2. Classifying and declassifying State secrets;
stipulating the promulgation of lists of State secrets;
3. Deciding the funding and ensuring material
and technical foundations in service of the work of State secrets protection;
4. Prescribing regimes and policies for people
directly performing the work of State secrets protection;
5. Inspecting, examining and handling violations
as well as settling complaints and denunciations in the field of State secrets
protection;
6. Making preliminary review and final review of
the work of State secrets protection.
Article 11.-
1. The State shall exercise the unified State
management over the State secrets protection.
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a) To submit to the Government and the Prime
Minister draft legal documents on State secrets protection;
b) To guide agencies and organizations to make
lists of State secrets and effect the protection of State secrets;
c) To appraise the classification and
declassification of State secrets of Absolute Secret and Top Secret degrees and
submit them to the Prime Minister for decision;
d) To classify and declassify State secrets of
the Secret degree after consulting with the heads or authorized persons of
concerned agencies and organizations;
e) To inspect, examine and handle violations and
to settle complaints and denunciations in the field of State secrets
protection;
f) To assist the Government in making
preliminary review and final review of the work of State secrets protection.
Article 12.- Within the ambit of their tasks and powers, the
heads or authorized persons of agencies and organizations as well as the
presidents of the People’s Committees of all
levels shall have the following responsibilities:
1. To organize the realization of the work of
State secrets protection according to the provisions of this Ordinance and
other relevant legal documents;
2. To promulgate and organize the implementation
of their respective internal regulations on State secrets protection as
stipulated by the Government;
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4. To arrange State secrets protection personnel
according to the Government’s
regulations;
5. To propagate and educate people under their
respective management for higher responsibility as well as vigilance and strict
observance of the legislation on State secrets protection;
6. To effect the regime of reporting on the work
of State secrets protection as provided for by the Government.
Article 13.- The Ministry of Defense shall have the
responsibility to effect the work of State secrets protection in agencies and
units under its management as provided for by the Government.
Article 14.- The Government shall stipulate the protection
of State secrets in publishing, press and other mass media activities in
accordance with the provisions of this Ordinance.
Article 15.- The contents of State secrets, if transmitted
by telecommunications means and computers, must be coded according to the
legislation on cipher.
Article 16.- Scientific projects, inventions, patents and
utility solutions of agencies, organizations or citizens, which are related to
contents of the State secrets, must be registered at the competent State bodies
and shall be protected according to law.
Article 17.- Vietnamese agencies, organizations and
citizens, when having contacts with foreign organizations and/or individuals,
must abide by the provisions of the legislation on State secrets protection;
when carrying out programs on international cooperation related to State
secrets, they must obtain consent of the competent State bodies in charge of
State secrets protection.
Article 18.- People who perform the work of State secrets
protection must have good virtues and professional qualifications, be capable
of fulfilling their assigned tasks and must commit to protect the State
secrets.
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Chapter
IV
COMMENDATION AND HANDLING OF VIOLATIONS
Article 19.- Agencies, organizations and citizens having
merits in the protection of State secrets shall be commended and/or rewarded
according to the provisions of law.
Article 20.- Those who violate the provisions of this
Ordinance and other law provisions on State secrets protection shall, depending
on the nature and seriousness of their violations, be disciplined,
administratively sanctioned or examined for penal liability; if damage is
caused, compensation must be made according to law provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article 21.- This Ordinance takes effect as from April 1,
2001.
This Ordinance replaces the October 28, 1991
Ordinance on State Secrets Protection.
All previous regulations contrary to this
Ordinance are annulled.
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ON BEHALF OF THE NATIONAL ASSEMBLY
STANDING COMMITTEE
CHAIRMAN
Nong Duc Manh