Circular 9/2014/tt-Bvhttdl: Rules Protecting State Secrets In The Field Of Culture, Sports And Tourism

Original Language Title: Thông tư 09/2014/TT-BVHTTDL: Quy định công tác bảo vệ bí mật nhà nước trong ngành văn hóa, thể thao và du lịch

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The CIRCULAR regulates the work of protection of State secrets in the field of culture, sports and tourism _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ basing the Ordinance to protect State secrets on December 28, 2000;
Pursuant to Decree No. 33/2002/ND-CP dated 28 March 2002 detailing the Government's enforcement of the Ordinance on protection of State secrets;
Pursuant to Decree No. 76/2013/ND-CP on July 16, 2013 of government functions, tasks, powers and organizational structure of the Ministry of culture, sports and tourism;
Pursuant to circular No. 12/2002/TT-BCA (A11) on 13 September 2002 by the Ministry of public security guide and implement the Decree No. 33/2002/ND-CP dated 28 March 2002 detailing the Government's enforcement of the Ordinance on protection of State secrets;
According to the proposals of the Chief of the Ministry, the Minister of culture, sports and tourism issued a circular regulating the work of protection of State secrets in the field of culture, sports and tourism.
Chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the work of protection of State secrets in the field of culture, sports and tourism.
Article 2. The object that applies to this circular apply to agencies, units, individuals working in the sector of culture, sports and tourism.
Article 3. The prohibited acts 1. Collect, provide, disclose, make take, misappropriate, sale, unauthorized destruction of documents, the secret State bodies in the field of culture, sports and tourism.
2. Exchange, providing information, documents, materials to bring for the State secrets Agency, individual unit when not yet approved by the authority.
3. internal computer network connections to the Internet, Exchange, retention of information, documents, materials bring State secrets on a computer connected to the Internet.
4. Using your mobile phone, the device features a recorder, transmitter signal in meetings with State secrets.
5. Exchange of information with State secrets through radio stations, mobile, phone, fax machine when not yet competent.
Chapter II SPECIFIC PROVISIONS article 4. The authority of the State secret protection 1. Competence in, copy, capture, destruction of documents, bearing State secrets; provide information, documentation, bearing the State secrets Agency, unit, citizens of Vietnam: a) State secrets in "secret" and "top secret" by the Minister of culture, sports and tourism.
b) State secrets in the "Suite": the Minister of culture, sports and tourism is delegated to heads of units of the Department, the Director of the Department of culture, sports and tourism.
c) authorized in section b is not authorized for other people.
2. Authority providing the information, documents, materials bearing the State secrets Agency, organization, foreign individuals: a) in State secret "secret" by the Prime Minister.
b) State secrets in "top secret" by the Minister of public security.
c) State secrets in the "Suite" by the Minister of culture, sports and tourism.
Article 5. Standards and requirements for the individual doing the work directly related to State secrets 1. The standard of good moral quality conscious organization, discipline, responsibility, sense of vigilance to protect State secrets; having the professionalism, professional and capacity to complete assigned tasks and are committed to the protection of State secrets in writing; committed text submitted to the Agency's Security Division, organization.
2. request a) who are tasked with the exposed State secrets in any form must be taken seriously, the full provisions of this circular and the other relevant regulations of the law on protecting State secrets;
b) processing personal documents, bearing State secrets was given the task of receiving, processing, archiving, document management suite, the management suite and seal secure the recovery signs, the text according to the direction of a competent person.
Article 6. Identify changes, Suite; modify, Supplement, declassified secret list of State agencies, heads of units of the Ministry of culture, sports and tourism and the Director of the Department of culture, sports and tourism of the province, the central city in the base directory of State secrets in the field of culture, sports and tourism is responsible for : 1. The first quarter of each year, reviewing the category of State secrets in the scope of the Agency, the unit managed to establish the category no longer fits, it should change the suite, Suite or determine the contents of the new secret reports to the Minister of culture, sports and tourism on the amend proposals supplementing the list of prescribed State secrets law.
2. in the course of execution when discovered, news document content need privacy in addition to the category; information, documents and need to change the security level to report the authority to review the decision.
Article 7. Edit, print, copy, document capture, State secret figure 1. Heads, the unit is responsible for the drafting process security, print, copy, capture the document, bearing the Agency's State secrets, the unit.
The copy, document capture, bearing State secrets have to be agreed on the text of the tape heads, unit and specify the number of documents is done.
2. Drafting, printing, copying, photographing documents, bearing State secrets are carried in the body, the unit in a safe place by the heads, direct unit of confidential document management regulations, do not carry out body unit. Do not use a computer connected to the Internet to edit, print and save the documents. When required, must be edited on the system equipment to test and qualify on safety, security.
3. Heads, only units are delivered to individuals in authority, eligible units specified in article 5 of this circular task edited, printed, copied, photographed the documents, bearing State secrets; not hire individuals outside the agency or unit.
4. Individuals are responsible for drafting, printing, copying, photographing documents, bearing only in State secrets, stars, take the right amount of text specified, secure seal, seal recovery (when needed), numbered pages, number of copies, the number in circulation, the scope, the name of the editor, typing the name of the document.
As for the secret stars, taken in the form of tapes, discs, films or recordings must be sealed and stamped secret level. Absolutely no typing or printing too the number of regulations. After shooting finished, must check and cancel the workshop if available.
5. When drafting the text contents are State secrets, grounded individual text content editor to propose to the heads of the secret level directly under the right category; the browser, the text is responsible for determining the security level, the number of the release, the scope of circulation. With regard to bearing State secrets have to be sealed, with text stating the name of their enclosing and sealing level suite on this text.
6. When the organization took comments to draft the text contents are State secrets for units and individuals concerned, the Agency chaired the drafting unit must identify the specific scope, object and stamp determine the level of security needed on the draft before sending please comments. Agencies, units, individuals receive the draft to make the management, using the correct secure notes on draft.
Article 8. Management, use the seal in the work of the State secret protection 1. Personal data, bearing the Agency's State secrets, the unit is responsible for the Administration and close the seal type according to the direction of the heads, unit or authority.
2. The level of bile and seal pattern used in protecting State secrets made under the provisions of circular No. 12/2002/TT-BCA (A11) on 13 September 2002 by the Ministry of public security guide and implement the Decree No. 33/2002/ND-CP dated 28 March 2002 detailing the Government's enforcement of the Ordinance on protection of State secrets.
3. close the bottom level of password Sign number of document, document recovery sign in the top right of the document.
a) documented recovery Signs State secrets used in the case of secret documents is only emitted in a given time, the user is only used within it and then return it to where the document. When the stamp "documents recovered" on the document, in the lines below must clearly document recovery time before the particular time;
b) accent "Only people who have the new name was peeling dermatome" used in the case of documents, bearing State secret "secret" which only the recipient has the name inscribed on the new dermatome to be peeling the dermatome to ensure the confidentiality of the document. The transfer parts of documents to transfer hand people with the name on the envelope before the envelope was peeling.
4. Ink used to stamp ink is bright red accents.
Article 9. Transport, forwarding the document, bearing the 1 State secret. Transport, forwarding the document, bearing the State secrets in the country by officers do security work, or private courier officers of agencies, organizations make. If transport, delivery by post must comply with the provisions of its own postal industry.
2. delivery, transport document, bearing State secrets between the agencies, institutions in the country with the agencies, the Organization of the State of Vietnam abroad by diplomatic courier carried.
3. All cases of transportation, forwarding the document, bearing State secrets through the courier unit should follow the principles of confidentiality, sealed.
4. The delivery, documentation, bearing State secrets in all cases must be on the transfer window, have delivered the party between party and newsletter received directly at the Office, ensure safety in accordance with agency heads, the unit had the document, bearing State secrets.
5. When the transport document, bearing State secrets must have adequate means for the preservation and protection of forces to ensure safety during transportation.
6. Send the document, bearing the State secret

The document, bearing the State secret sent not sent in an envelope to the document. On the envelope to send the document, bearing the State secret is made of good quality paper, low water permeability, sure, it's hard not to look past, are peeling, packages must be sealed. Send the document, bearing State secrets are used in two-packs, packs in addition to stating the document's symbol, number, characters wear State secrets, recipient name, stamp symbol secure, not written letters or stamp "Confidential", "secret", "secret". When the document, bearing State secrets were sent aim for who is responsible for solving the stamped "only new name was peeling the DermIS".
7. get your documents, bearing a State secret) all documents, bearing State secrets from any source sending to all have to pass clerical bodies, parts unit into the shared "secret documents" to monitor and transfer the responsibility to solve;
b) documented cases, bearing the State secret to which packs in marked "only has a new name be peeling dermatome", document book number of documents recorded outside the envelope and proceed directly to the person named on the envelope. When people have the name on the envelope away must then call please comments to the person authorized to settle. Text messages not be pillaging the dermatome;
c) see case documents, bearing State secrets submitted to which the sender does not perform the correct security procedures, the clerical Division transferred to the person in charge resolved, at the same time the information back to the sender to draw experience. When discovered the document, bearing State secrets submitted to show signs of being urinated on, open the packaging or swap, lost, damaged, then the recipient must confirm and report thereon immediately with the heads of agencies, units to take measures promptly.
8. Recovery of secret documents, secret state figure The secret documents, secret state objects are stamped "recovered documents", "recovery" document must track, recovered or returned to the sender on time. As well as getting paid to test, make sure your materials are not misplaced.
Article 10. Use, dissemination, research, learn the document, bearing the 1 State secret. The use, dissemination, research, learn (hereinafter referred to as use) documentation, bearing State secrets have to be leaders of the Ministry or agency heads, and the review unit is responsible under the rules.
2. When using the document, bearing the State secret, the agency heads, the unit must inform individuals or parts made to know the level of security of documents, materials; individuals are not allowed to carry content, documents reveal.
3. use of material objects, State secrets are in the right range, the object, the address, in place to ensure safety by heads, specified units.
4. Individuals popular, given the task of using the document, bearing State secrets must make the right superior content delivery and responsibility reminds people to hear, to learn, to research confidentiality.
5. Just recorded, recording, record documents, bearing State secrets when allowed by the unit, agency heads directly manages state secrets need popularity. The individual is heard, is learn, record, recording, filming, photographing documents, secret State bodies must comply with the provisions of the heads, unit or person presiding; to preserve, use document, bearing the State secret is as common as the original document. The management and use of sound recordings, a record, movie, images suite must be protected as document management mode of carrying State secrets.
6. The repair, replace the computers used to typing, storing the information State secrets issued in headquarters units and are due to individuals responsible for implementing or monitoring. When replacing the hard drive of a computer with information about your document, bearing State secrets are cleared, destroying information in old drives, when broken, was destroyed under the rules.
7. Individual travel, meeting outside agencies, units, including work in private homes, not carrying documents, bearing State secrets. Cases need to be heads, unit agrees. Just be carrying the materials, related to the implementation of the tasks assigned, must register with the Agency's Security Division, unit; to ensure absolute safety during carried away; When brought back to the same security officers check and submit the pay Agency, unit. The delivery of the newsletter must be mined material, bearing State secrets.
8. where necessary, personal documents, bearing State secrets abroad to serve scientific research, must ask permission and the consent of the Minister of culture, sports and Tourism Ministers or persons authorized.
During his time in foreign countries must take measures to manage, protect, secret documents to bring, when d. must immediately report to the authority and the Embassy of the country Vietnam to timely handle.
Article 11. Statistics, storing and preserving documents, bearing a secret state 1. Agencies, units of the Ministry of culture, sports and tourism, the Department of culture, sports and tourism to establish statistical book the kind of secret documents by agency management units according to the order and time each level suite. The statistics window includes the secret documents of the existing or arising during operation of the unit or agency is receiving from the outside send to.
2. Secret documents must be stored, preserved in strict where absolute safety due to heads, specified units. Outside of work, have to take off secret documents to the Cabinet, the safe lock for sure.
Depending on the nature of each store where the secret documents that apply appropriate protection measures with the principle of absolute security, tight protection rules; not so personal has no responsibility.
3. Agency, the unit was tasked with keeping the documents secret objects, the State has the responsibility to manage, preserve and provide information about the document, bearing the State secrets in a timely, honest, true rules.
4. Text, secret documents to storage deadline must submit to the archive bodies to implement technical measures aimed at preserving the archives profession.
5. Individuals before retiring to hand over the documents, bearing State secrets for units.
Article 12. Protection of State secrets in the communication and mass communication 1. All content in the scope of State secrets in the field of culture, sports and tourism transformed by means of radio communication, telephone, fax must be encoded according to the rules of the law of the body. Do not swap the content of the secret documents through a wireless microphone, headset, mobile, fixed phone, mobile phone, fax machine.
2. Agencies, units and individuals to provide information related to State secrets according to the content. The party receiving information related to State secrets not disclose the information and not provided information for other parties. The content of information provided to record and report back to the competent individual browser to provide information. Documents and secret documents after providing information to pay back the Agency's Security Division, the unit.
Article 13. Review, provided the document, bearing the State secrets Agency, unit, Vietnam citizens 1. Who was tasked to learn, to collect information in the scope of State secrets in the field of culture, sports and tourism must have proof the people attached to the recommendation of the Agency stating the contents, requirements gathering, and must be authorized by the Agency the unit kept secret from consent. 2. Agencies, units and individuals made only provided information in accordance with the approved content. The party receiving the information disclosure and do not provide information to third parties. The content of the offers must be made to the report text tape with the individuals who browse the offers and information security division of the Agency.
Article 14. Protection of State secrets in the diplomatic activities 1. The Agency, the individual units in the sector of culture, sports and tourism ties exposed foreign individuals, institutions not to disclose State secrets.
2. When conducting international cooperation programs or on duty if there are required to provide the information in the scope of State secrets for foreign individuals, institutions must comply with the following principles: a) protect national interests.
b) is provided only with the information that has been approved by the authorized under regulations.
Article 15. Destruction of confidential State documents 1. When organizing the destruction of confidential documents must State Council document destruction in State secrets.
a) Council document destruction in State secrets include: heads, the unit has the document suite as the President of the Council; representatives of the agencies, departments, units or individuals to directly manage the secret documents, a security officer, representative bodies, relevant units involved the decision by the President of the Council;
b) In the process destroying secret documents to ensure Non-disclosure, to reach the content of documents;
-For the secret documents and text printed on paper materials are burned, torn, crushed to be pieced together to restore;
-For secret documents was carrying State secrets (tape, disk, movie) have to do to change the whole shape and destroy effects feature to no longer recovery, exploitation, be used;
c) Established a full statistical directory of secret documents were destroyed, which must indicate the number of employees, number of copies, the contents of the document. The content thereon must reflect method, the sequence and the individuals performing the destruction of confidential materials. The minutes must be fully signed by the participants, then filed in the Agency's Security Division, the unit.
For the password, perform the destruction under the provisions of the Government body.
2. secure award records, destruction of State secrets are kept for at least 20 years.
Article 16. Commitment to protect State secrets 1. Individuals are elected to security work must make a commitment to protect State secrets to save personnel records unit of the Agency.

2. Individuals are exposed (to listen, study, common use), news document "confidential", "secret" is committed to the protection of State secrets by setting the list stating your name, position, unit, the content of the secrets are exposed, sign it. Heads, unit or individual authorized to take responsibility lap this list, signed and filed in the Agency's Security Division, unit.
Article 17. Check the State secret protection 1. The Office is helping leaders of the Ministry of culture, sports and tourism made the inspection work of the State secret protection in the field of culture, sports and tourism as two forms of sudden inspection or periodic inspections at least every two years. Every year the construction plan, the program checks periodically or irregularly the Ministry approval.
2. The Heads of the agencies and units, the Department of culture, sports and tourism are regularly checked, urging the implementation of the provisions in the security bodies, the unit, when it discovered the issue, disclose State secrets finalist must promptly report the Security Agency and take measures to prevent the harmful effects occur.
Article 18. Reporting the work of the State secret protection 1. Every year the agencies, units of the Ministry of culture, sports and tourism, the synthesis report on the work of protecting State secrets submitted to Ministry of culture, sports and tourism through The Office to The General report of the competent authority under the provisions of the law.
2. When The reporting units are asked to serve missions, inspection, check; irregular reports when there are incidents affecting the work of protecting State secrets.
3. report form a) periodic reporting: comprehensive reporting work done the work of security agencies, units, each year along with the time of year work reports by the heads of agencies and units;
b) irregular report: immediately report the sudden incident when detrimental to State secrets as the announcement, transferring, disclosing State secrets in any form for people who have no responsibility; lost, the loss of secret documents.
Full report content location, the time of the incident, and proceed to the right measures to check, verify, review, recovery, prevent, restrict harmful effects can occur in the scope of management of the agency or unit.
Chapter III IMPLEMENTATION article 19. Responsible for implementation 1. The implementation of the work of protection of State secrets in the field of culture, sports and tourism is the responsibility of agencies, units and individuals in and outside the industry. Within the scope of the functions, duties and powers assigned, heads of agencies, subdivisions of the Ministry, the Director of the Department of culture, sports and tourism organizations make to this circular.
2. The Office of the Ministry of culture, sports and tourism track, guide, inspect, general implementation of the work of protection of State secrets in the whole industry of culture, sports and tourism, the Minister reports as prescribed.
Article 20. Effect 1. This circular effect since November 14, 2014.
2. In the process of implementation when there are obstacles, suggest the Agency, unit and individual reflection on the Ministry of culture, sports and tourism (via The Office) to consider and resolve.