Act 05/2011/qh13: Muscle Weakness

Original Language Title: Luật 05/2011/QH13: Cơ yếu

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Body _____ LAW pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted a law body.
Chapter I GENERAL PROVISIONS article 1. Scope this law regulates the activity of muscle weakness; the duties, powers, principles of organization and activity of the body; mode, the policy for people working in organizations; the rights, obligations, responsibility of agencies, organizations, individuals related to weak muscle activity.
Article 2. The object to apply this law applies to organizations, people who work in organizations and agencies, organizations, individuals related to weak muscle activity.
Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. the weak muscle activity is privy to special operations in the national security field, use the cryptographic services cryptographic techniques, and related solutions to protect State secrets information , due to the dedicated forces.
2. The password is private conventions, rules intended to change the form of the manifest information to insure confidentiality, authentication, integrity of information content.
3. cryptographic services are the measures, regulations, technical solutions to protect, and ensure the reliability of cryptographic techniques.
4. encryption technique is the method, the media has encryption application to protect information.
5. Coding is the process of using cryptographic techniques to change the form of the manifest information.
6. encryption product is the materials, technical equipment and cryptographic services to protect information.
7. body contact Network is the network of contacts that use cryptographic products due to weak muscles provide organization and directly managed to protect the State secret information.
Article 4. The State's policy on building and developing motor force weak 1. Construction of the main body forces, modern, absolutely loyal to the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam.
2. investment priorities for research, science and technology application code; strengthen the investment in development of the infrastructure of the national code, training of human resources serves the weak muscle activity.
3. Expanding international cooperation body on the basis of ensuring the independence, autonomy, strict guidelines and compliance with the provisions of the law on the protection of State secrets.
Article 5. Principles of organization and activity of the body 1. Placed under the absolute leadership, direct all aspects of the Communist Party of Vietnam, the unified management of the State.
2. In compliance with the Constitution and the laws, protect the interests of the State, the legitimate rights and interests of the Agency, organization, individual.
3. Ensure absolute secrecy, are safe, accurate, timely.
4. Be organized, tight, the suit asks the leader of the party, the State's management, directing, Commander of the people's armed forces, to meet the requirements of protection of State secret information.
5. are there specialized management mode specific, rigorous work mode; Science and advanced encryption services; technology, modern encryption techniques.
Article 6. Responsible for managing the State on body 1. The unified Government about state management body.
2. The Minister of national defence is responsible to the Government in the implementation of State management body, directed the operations of the Government body.
3. A Government body is the national code, professional management of weak muscles, have a responsibility to help the Minister of Defense, made the task of managing the State of the body.
4. the competent authority of the Communist Party of Vietnam implemented the management about the body in charge of his range.
5. Ministers, heads of ministerial-level agencies in the scope of its powers, duties and coordinate with the Secretary of Defense made the governance of weak muscle.
6. the people's committees of all levels make governance about the weak muscles according to the hierarchy of the Government.
Article 7. Responsibility to help weak muscles force agencies, organizations, individuals have a responsibility to help weak muscles and forces people to do the work of weak muscles perform tasks when required.
Article 8. To protect the secret encryption products, weak muscle activity in information products, information about the Organization, contact network, body work, production facilities, warehouses storing the encryption products of weak muscle is State secrets, should be managed and protected under the provisions of the law on the protection of State secrets.
Article 9. Encrypt your confidential information to the State 1. State secrets information is transmitted by means of telecommunications, information must be encrypted with the password of the body.
2. information State secrets kept in the vehicles electronic equipment, information technology and telecommunications network are encrypted using the encryption cipher.
Government regulations on State secret information type should be specified in the encoding clause.
Article 10. Funding and infrastructure to serve the weak muscle activity 1. Funding body active service due to the State budget guarantees.
2. The assurance, management, use of funds, infrastructure and weak muscle activity serves the audit was performed in accordance with the law for the field of Defense and security.
Article 11. The prohibited acts 1. Disclosure of State secrets, secrets in the weak muscle activity.
2. Use encryption products are not due to the Government body provides for the protection of State secret information.
3. Advantage of the tasks, powers was delivered in a weak muscle activities prejudicial to national security, the interests of the State, the legitimate rights and interests of the Agency, organization, individual.
4. Transmission of State secrets information through the mass media and telecommunications m no encoded by encryption cipher.
5. Research, production, use, collection, culling of weak encryption products is unlawful.
6. Knowingly damaging, appropriating the encryption products of weak muscle.
7. Obstructing body activities contrary to law.
Chapter II CRYPTOGRAPHIC OPERATIONS to PROTECT STATE CONFIDENTIAL INFORMATION article 12. Scientific and technological activities of the encryption, the encryption technology transfer 1. Science and technology, technology transfer encryption to protect confidential information, the State must comply with the provisions of the law on the protection of State secrets.
2. organizations and individuals are eligible, registered, join as a member, collaborator of the subject, scientific research projects and the encryption technology, to protect confidential information.
When necessary, the Government mobilize scientific and technological potential of the agencies, organizations, individuals served for operations research, production and use of encryption to protect confidential information.
3. State management and the Organization of science and technology, technology transfer encryption to protect confidential information.
4. Government detailing this.
Article 13. Produce and deliver cryptographic products 1. The State monopoly manufactures and provides encryption products for the body, the Organization for the protection of State secret information.
2. A Government body plans, organization of production, provide encryption products and directly manage the production base of the encryption to protect confidential information.
Article 14. To import the equipment, technological research, production of cryptographic products 1. The State has a priority policy to import the equipment, technological research activities, production encryption products to protect confidential information State in the country has not yet met.
2. Prime the regulation mechanism to import the equipment, technological research activities, production of cryptographic products.
Article 15. Technical standards, testing, cryptographic product reviews 1. Encryption products to protect confidential information, the State must adopt the technical regulation and inspection, reviews before put into use.
2. Government Regulation construction, appraisal, ball released technical regulation for cryptographic products; regulations on the management of auditing activities, product reviews of the encryption to protect confidential information.
Article 16. Management, using cryptographic products 1. Encryption products to protect secret state information must be managed, tightly.
2. The use of encryption products to protect secret state information must comply with the regulations and the process used for each type of cryptographic products.
3. Bodies, organizations use encryption products is responsible for ensuring people, equipped with the means and conditions necessary to service, ensuring security, secure password.
Article 17. Deployment, network liaison body can award 1. Contact network cipher is deployed when there is the need to protect confidential information by state code; qualified manpower, technical and ensuring security, safety.
2. The deployment, contact network weak muscles dissolved due to the head of the Agency, the organization uses the body competent to decide upon the unity of professional service of a government body.
3. in case of urgent need to deploy communications networks, dissolve cipher, the head of the Agency, the organization uses the body have the authority to decide and timely notice in writing to the Government body.
4. Government Regulation details conditions, competent, sequence, deployment procedures, dissolving body communication network fit with the Mission of each organization of the system of weak muscle.
Article 18. Deploy encryption products to protect State confidential information stored in the electronic equipment, information technology and telecommunications network 1. Agencies, organizations, individuals have to confidential state information kept in electronic equipment, information technology and telecom network specified in clause 2 article 9 of this law must have a written request to deploy encryption products send the competent body organization.
2. the competent body organisation is responsible for deploying encryption products to protect State confidential information stored in the electronic equipment, information technology and telecommunications network as stipulated by the Government.
Article 19. Secure password in case of emergency, emergency hazards, danger that other remedies no longer to secure the password then the agencies, organizations, individuals using encryption products are made right measures destruction, then promptly reported to authorities.
Chapter III TASKS, Powers, Organisation Of WEAK MUSCLE Connections

Article 20. The position, function and duties of the force the muscle is weak weak muscle force is one of the specialized forces responsible for the protection of State secrets, advised the State party about the work of the muscle weakness, weak muscle activity implementation; contribute to ensure absolute confidentiality, security, accuracy, timeliness of information serves the leadership of the party, the State's management, directing, Commander of the people's armed forces in all situations; proactive prevention, join the fight with code Explorer activities prejudicial to national security, the interests of the State, the legitimate rights and interests of the Agency, organization, individual.
Article 21. The duties and powers of the Government body 1. Counsels, suggested to the Secretary of Defense issued or the competent authority issued the strategy, policy, legal documents on the body.
2. Help the Minister of Defense: a) the implementation of strategies, policies and legislation the body weak;
b) directing and coordinating with the authorities to build unified body organization, tight, weak body forces in building a clean, strong, have good professional expertise;
c) Organization to build and unify the contact network system management body; manage, control the use of encryption products in the country;
d) process of government regulation about the Organization, staffing of government body.
3. Organizing, directing the training, professional training, professional, cryptographic techniques in industry-wide weak muscles.
4. research organizations and unified management of scientific research and technological development of encryption to protect information State secrets; in collaboration with the relevant organizations, management of the import of the equipment, technologies of active service as a result of research facilities, manufacturing products combination.
5. Management consistency and ensure professional service, encryption techniques for weak muscle activity within the country; production, provide encryption products to protect State secrets and information to build the facilities, meet the requirements of the technical development of the main body forces, modern.
6. Ensure the availability of the network of contact and reserve mechanism, cryptographic products reserves to respond effectively in all situations.
7. The task of the unit leads investment plans and budget centrally; directly manage the facilities, technical equipment of the Government body.
8. In collaboration with the relevant organizations, implementation and checking the encrypted secret state information.
9. The organization protect the secret encryption products and information State secrets in a weak muscle activity.
10. In collaboration with the relevant organizations, organs perform active management of research, production, sales and use of cryptography to serve socio-economic development; provide security services and information security for the agencies, organizations, individuals in accordance with the law.
11. Inspection, testing, solving complaints, accusations and handle breach of the law in the field of body as stipulated by law.
12. international cooperation body.
13. Perform other duties and powers prescribed by the law.
Article 22. The Organization of the body 1. Government body.
2. Body the ministries include: a) the system of organized military body of the people;
b) the organizational body of public security of the people;
c) organized system of diplomatic body;
d) system of organization in the body organs of the party, other organs of the central State and local.
3. hold the motor in the body weak ministries specified in clause 2 of this is clue independence under the leadership of the competent organs of the Communist Party of Vietnam, the direction of the head of the Agency, held a weak muscle use and the management of professional activities the Organization's business, weak muscles.
4. Government regulations the establishment, dissolution of the body organization and structure of government body.
Chapter IV who WORK in ORGANIZATIONS, policy REGIMES and for PEOPLE WORKING in the ORGANIZATION BODY Article 23. People who work in the Organization of the body 1. People who work in organizations including: a) Who was assigned, seconded, appointed to carry out the task of body forces (hereafter referred to as the working body);
b) Who are selected for training, refresher training, expertise, professional body;
c) who work in the Organization of the body but not specified in point a and point b of paragraph 1 of this Article (hereafter referred to as the other jobs in the Organization of muscle weakness).
2. the quota regulations, government positions who work in organizations.
Article 24. Obligation, responsibility of your work in the body organization 1. Confidentiality of information State secrets and secrets of weak muscle work, including finishing work in organizations.
2. Submit the assignment, assigned by the Agency to organize and implement the correct, full authority is delegated; in the work, ready to complete the task in any situation; strictly obey the way, advocates, policy of the party and State's laws, statutes, regulations, mode of body work; preserve, preserving the absolute safety code products are delivered.
3. Regularly maintain and cultivate revolutionary ethics, study, work, raise the level of knowledge, political capacity, expertise, professional, military, cultural and fitness to complete the task.
4. Upon the orders of the competent person, if there is evidence that the order that is contrary to law, they must immediately report to the order; the case must still accept orders then promptly report to the superior of the order and is not responsible for the consequences of the enforcement of the orders it.
5. Perform other responsibilities, obligations under the provisions of the law.
Article 25. The selection on body organization 1. Only one nationality resident in Vietnam, Vietnam, from 18 years old, have enough political standards, moral qualities, education level, health, have aspirations and competencies match the body work can be recruited into the Organization of the body.
2. Organizations are priority admission, graduate student excellence and has enough of the standard rules in paragraph 1 of this article in the institution to train, added to body forces.
Article 26. The standard of people working on body 1. The working body must have the following criteria: a) Has a strong political, absolutely loyal to the motherland and the people, with the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; long served in the volunteer organizations; ready to receive and complete the assigned tasks;
b) Have good moral qualities, the political history of families and ourselves in clean, clear;
c) political level, expertise, professional competence, and health practices meet the requirements of the assigned tasks;
d) took over the training, professional training, professional body.
2. Who do the work when the body does not meet the standards prescribed in paragraph 1 of this article shall not continue to do the work of weak muscle. The base of each particular case, the use of competent body decides to treat as prescribed by law.
Article 27. The age limit for service of the person doing the work of body 1. The age limit for service of the person doing the body work is mostly military personnel, of public security of the people to follow the provisions of the law of the people's army and public security of the people. Who do the work of the muscle weakness is not military personnel, of public security of the people to follow the provisions of the labor code.
2. Who do the work of the muscle weakness is not military personnel, of public security of the people eligible for social insurance of the State shall be retired; the case of the time in organizing body enough 25 years for men, enough for 20 years for females and close enough to the social insurance, of which at least 5 years working on the body that the body no longer needs body work layout in the organization or body does not move the industry was then was retired before the age limit specified in paragraph 1 This thing.
Article 28. Seconded people working on body 1. Based on the performance requirements of motor tasks, who do the work of weak muscle was by the decision of the authority.
2. Who do the work of weak muscle dispatched enjoy mode, the policy under the provisions of this law and the provisions of relevant laws.
Article 29. The time limit is not involved cryptographic operations people working in the organization body specified in point a and point b paragraph 1 Article 23 of this law when they retire, move, switched to other work or quit, then within a period of 5 years, since when has decided to retire, move the industry , transferred or retrenchment is not involved cryptographic operations for the Organization, individuals outside the industry body.
Article 30. Training and upgrading, use the work in a weak body organization 1. People who work in organizations are training, fostering political, professional, business, law and other necessary knowledge in line with the tasks assigned.
2. People who have through professional training, professional body upon graduation are competent bodies article, appointed to work in organizations.
Article 31. Mode, the policy with regard to the working body 1. Who do the work of the body is mostly military personnel, of public security people are entitled to pay and allowances regime, the regime of other policies, in accordance with the people's army, the people's public security.
2. Who do the work of the muscle weakness is not military personnel, of public security, the people are entitled to pay and allowances regime, the regime, such as the policy for military personnel and are exempt from performing military service in the army.
3. The working body enjoying the particular policy, mode of the industry regulatory body of the law.
4. Government detailing this.
Article 32. Mode, the policy for the selection to training, refresher training, expertise, professional body Who are selected for training, refresher training, expertise, professional body enjoy the mode, policy regimes, policy for students in military schools 33. Article, public safety. Mode, the policy for the other jobs in the organization body

1. Who do other work in organizations is mostly military personnel, of public security people are entitled to pay and allowances regime, the regime, according to policy regulations for the people's army, the people's public security.
2. Who do other work in organizing body is not military personnel, of public security people are entitled to pay and allowances regime, the regime, such as the policy for workers, defense officials in the people's army and are exempt from performing military service in the army.
Article 34. Regime responsible for protecting confidential password people working in organizations are entitled to extra mode level responsible for protecting confidential password as specified by the Government.
Article 35. Mode, the policy with regard to the working body are not military personnel, of public security of the people retire, transfer, only the 1. Who do the work of the muscle weakness is not military personnel, of public security of the people when retirement benefits are the following: a) Enjoy retirement regime prescribed by law;
b) Are local government residence facilitated settlement;
c) examination and treatment under medical insurance mode in medical establishments of the army, a population health. 2. Who do the work of the muscle weakness is not military personnel, of public security of the people when major advantage: a) reserve the salary at the time of transfer of the industry during a minimum of 18 months;
b) case by asking to return to service in the force, the major time body count on continuous work time to consider upgrading the revision function, seniority and work;
c) retirement allowance craft seniority shall count as time worked in the organization body at the time of transfer of the industry are on the average wage, to calculate pensions.
Case of retirement pension levels calculated that at the time of his retirement is lower than the level of the pension calculated at the time of transfer of the industry shall be entitled to a pension calculated at the level of the turn of the industry.
3. Who do the work of the muscle weakness is not military personnel, of public security, when people quit but not yet eligible to retire to enjoy the following benefits: a) support job creation, retrenchment and social insurance regime prescribed by law;
b) Are local government residence facilitated settlement;
c) where there is sufficient for 15 years of service in the force weak muscles back up when the doctor, healing at the medical facility of the military are exempt or lower hospital fees as prescribed by the Minister of national defence.
Article 36. Ensure the operational conditions for the people who do the work of body 1. The working body is equipped, use technical means, services, support, tools, weapons and precedence on the exit and entry procedures, customs exemption for encryption products to carry when the exit and entry.
2. Organs, organizations use body responsible for the management, use the correct body work professionals, professional and guaranteed working conditions; often political education, ideology, moral qualities; full mode implementation, policy and physical care, sense for people working the muscle weakness.
Chapter V PROVISIONS Enacted 37. Effect of this Law has effect from January 2, 2012.
Ordinance No. 33/2001 body/PL-UBTVQH10 expired from the day this law is in effect.
Article 38. Detailing and guiding the implementation of government regulations and detailed guidelines for implementing these articles, be delivered in this Law clause.
This law was the National Assembly of the Socialist Republic of Vietnam XII I, session 2 through June 26, 2011.