Luật Bảo vệ bí mật nhà nước 2025

LAW

ON STATE SECRETS PROTECTION

 Pursuant to Constitution of the Socialist Republic of Vietnam amended by Resolution No. 203/2025/QH15;

The National Assembly hereby promulgates the Law on State Secrets Protection.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for state secrets, state secrets protection and responsibilities of relevant agencies, organizations and individuals.

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For the purposes of this Law, the terms below shall be construed as follows:

1. “state secret” means the undisclosed information carrying important contents which is specified by a competent person according to regulations of this Law and the divulgence or loss of which may jeopardize national interests.

State secrets may be contained in documents (including paper documents and electronic documents), objects, locations, speeches, activities, or other forms.

2. "state secrets protection” means the employment of manpower, the use of equipment and the implementation of measures for protecting and preventing the infringement of state secrets by agencies, organizations and individuals.

3. “state secret divulgence” refers to situations where a state secret is discovered by an unauthorized person.

4. "state secret loss” refers to situations where a document or object containing a state secret (hereinafter referred to as “state secret container”) is no longer managed by the assigned agency, organization and/or individual.

5. “an isolated LAN” is a local computer network established and confined within the premises of an agency or organization, not connected to the Internet, telecommunications networks or other computer networks that have external connections beyond the premises, and equipped with measures to ensure security and safety, preventing unauthorized connections, attacks, and information gathering.

6. “Classified electronic documents” are documents containing state secrets in digital form that are determined by competent authorities in accordance with the provisions of this Law.

Article 3. Principles of state secrets protection

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2. State secrets protection is the responsibility of all agencies, organizations and individuals.

3. State secrets shall be managed and used in accordance with their intended purposes, authority and procedures as prescribed by law.

4. Active prevention; timely detection, prevention and strict handling of violations against regulations on state secrets protection.

5. Time limit for state secrets protection shall abide by the regulations of this Law, ensuring citizens’ right to access information as regulated by law.

Article 4. International cooperation in state secrets protection

1. International cooperation in state secrets protection shall be carried out based on the principles of respecting independence, sovereignty and territorial integrity, non-interference in each other's internal affairs, equality, and mutual benefit.

2. Contents of international cooperation in state secrets protection:

a) Conclusion and implementation of international treaties and international agreements on state secrets protection;

b) Implementation of programs and international cooperation projects on state secrets protection;

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d) Preventing and combating violations of state secrets protection laws;

dd) Other international cooperation activities in state secrets protection.

Article 5. Strictly prohibited acts in state secrets protection

1. Classifying information that is not included in the list of state secrets as a state secret.

2. Drafting and storing state secret documents on a computer or other devices connected to a computer network (except for an isolated LAN), the Internet or a telecommunications network, except in cases of storing state secrets in accordance with cryptography laws and other relevant laws.

3. Divulging, appropriating, purchasing or selling state secrets; falsifying, damaging or losing state secret containers.

4. Unlawfully collecting, exchanging, providing or transferring state secrets; illegally duplicating, photographing, storing, transporting, delivering, receiving, recovering or destroying state secret containers.

5. Unlawfully carrying state secret containers out of authorized storage.

6. Exploiting or abusing the state secrets protection, using state secrets to carry out or conceal violations of law, infringe upon lawful rights and interests, or obstruct the activities of agencies, organizations, or individuals.

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8. Using computers or other devices to draft or store state secret documents without ensuring security and safety, and without preventing the infringement of state secrets.

9. Using devices capable of receiving and/or transmitting signals, recording audio and videos during conferences, seminars or meetings with state secrets content in any form without permission from competent persons

10. Using artificial intelligence or new technology to infringe upon state secrets; publishing state secrets in mass media; posting or disseminating state secrets on the Internet or telecommunications networks.

Article 6. Funding and facilities serving state secrets protection

1. The state budget shall cover the funding and facilities for state secrets protection.

2. Funding and facilities for state secrets protection shall be managed and used in compliance with regulations of laws.

Chapter II

SCOPE, CLASSIFICATION AND PROMULGATION OF LISTS OF STATE SECRETS

Article 7. Scope of state secrets

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1. Information on politics:

a) Domestic and foreign guidelines and policies of the CPV and the State;

b) Operations of the Party Central Committee (PCC), Politburo, Secretariat, key leaders and senior leaders of the CPV and the State;

c) Strategies, plans and schemes for ethnic and religious affairs and ethnic and religious work related to protection of national security and assurance of public order and social safety;

d) Information exerting adverse effects on the political situations;

2. Information on national defense and security and cryptography:

a) Strategies, plans and activities regarding the Fatherland protection and the national defense, national security protection and assurance of public order and social safety; programs, projects and schemes of exceptional importance;

b) Organization and operation of the people’s armed forces and cryptographer forces;

c) Construction works and objectives pertaining to cryptography and national defense and security; weaponry, military equipment and logistical means and materials decisively influencing the capabilities of national defense, national security protection, assurance of public order and social safety; cipher products, cipher networks;

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3. Information on the constitution making, legislation and judiciary:

a) The constitution-making, legislation, supervision, and decision-making regarding matters of national importance related to defense and security;

b) Information on prosecution; investigation, exercise of the power to prosecute and supervise judicial activities, adjudicate criminal cases and execute judgments thereof;

c) Information on judicial support, judicial administration, and state compensation affecting national security, public order, and social safety; resolution of international investment disputes.

4. Information on foreign affairs and international integration:

a) Strategies, plans, and projects for developing relations with foreign countries, international organizations, or other subjects under international law; the situation, options, plans, and programs of foreign affairs of key leaders, senior leaders of the CPV, the State, the Vietnam Fatherland Front, and the foreign affairs of CPV and State agencies;

b) International treaties and international agreements exchanged or concluded between Vietnam and foreign countries, international organizations, or other subjects of international law;

c) Confidential information transferred by foreign countries, international organizations, or other subjects of international law under international treaties to which the Socialist Republic of Vietnam is a signatory, and relevant international agreements.

5. Information on economy:

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b) Information on finance and banking; state budget figures related to national defense and security; plans for collecting, exchanging or issuing new currency; design, manufacture, and technology for printing or minting money and valuable documents;

c) Information on industry, commerce and agriculture directly related to national defense, security, and foreign affairs;

d) Transportation plans of political, socio-economic, national defense and security and diplomatic importance;

dd) Information on the development of the national master plan, regional planning, provincial planning, planning for special administrative-economic units, urban and rural planning; information on the master plan of the national reserve warehouse system and the detailed planning of the national reserve warehouse network managed by the Ministry of National Defense and the Ministry of Public Security;

e) Information that negatively affects the socio-economic situation.

6. Information on resources and the environment including water resources, the environment, geology, mineral resources, meteorology and hydrology, land, seas, islands, surveying, and mapping.

7. Information on science and technology:

a) Inventions and new technologies that serve national defense and security or are of particular significance for socio-economic development;

b) Information on atomic energy, radiation and nuclear safety related to defense, security, and foreign affairs;

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d) The scientific and technological task of researching specimens and rare genetic resources of particular significance for healthcare and socio-economic development;

dd) Strategies, plans, and projects for the development of science and technology, postal services, telecommunications and the Internet, radio frequencies, information technology, digital technology industries, electronics and national information and communication infrastructure serving national defense, security and foreign affairs;

e) Information systems critical to national security and private network systems serving the agencies and organizations of the CPV and the State.

8. Information on education and training:

a) Exam papers, answer keys, and information related to the organization of national examinations;

b) Information on personnel of the People’s Army, public security forces and cryptographic forces sent to attend domestic and overseas training;

9. Information on culture:

a) Plans and strategies for ensuring the security and safety of museums and libraries that store documents, artifacts, and documentary heritage to which public access is restricted or prohibited;

b) Options and plans for ensuring the security and safety of historical relics with disputes over national sovereignty;

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d) Press information and public opinion that negatively impact politics, foreign affairs, national security, and social order and safety.

10. Information on healthcare:

a) Information on healthcare for key leaders and senior leaders of the CPV, the Stat and the Vietnamese Fatherland Front;

b) Information about newly identified dangerous infectious diseases for which prevention and control measures have not yet been determined and which pose a risk to human health and life, as well as having a negative impact on socio-economic development;

c) The situation of free migration among the population negatively impacting politics, foreign affairs, national security, and social order and safety.

11. Information about organization and personnel:

a) Strategies, plans and schemes regarding organizational and personnel work of the CPV and State agencies, and socio-political organizations; strategies and schemes regarding the reform of salary policies and social insurance;

b) The process of preparing, implementing and carrying out organizational and personnel work for cadres, civil servants, public employees, armed forces, and individuals working in cryptographic organizations at the department, bureau or equivalent level and above;

c) Information on internal political protection work;

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dd) Labor situations negatively affecting politics, national defense, security, and foreign affairs.

12. Information on inspection, supervision, handling of violations, settlement of complaints and anti-corruption efforts, prevention of waste and misconducts:

a) Strategies, plans and schemes for inspection, supervision, handling of denunciations and anti-corruption efforts, prevention of waste and misconducts;

Information on inspection, supervision, handling of violations, settlement of complaints and anti-corruption efforts, prevention of waste and misconducts.

13. Information on state audit:

a) State audit strategies, plans and schemes;

b)  Information about audits of public finance and public property.

Article 8. Classification of state secrets

On the basis of the importance of their contents and degrees of harm in case of divulgence or loss, state secrets are classified into the following 03 levels:

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2. State secrets classified as “Secret” are important secrets related to the fields specified in Article 7 of this Law, the divulgence or loss of which can cause extremely grave damage to the national interests;

3. State secrets classified as “Confidential” are important secrets related to the fields specified in Article 7 of this Law, the divulgence or loss of which can cause grave damage to the national interests.

Article 9. Issuance of lists of state secrets

1. The Prime Minister shall issue lists of state secrets according to the provisions of Article 7 and Article 8 of this Law.

2. Persons who hold responsibilities for compiling lists of state secrets, including:

a) Ministers and heads of ministerial agencies shall compile lists of state secrets concerning the areas under their management;

b) Chief of Office of the CPV Central Committee shall compile lists of states secrets of CPV;

c) Chairpersons of the Central Committee of Viet Nam Fatherland Front shall compile lists of state secrets of the Vietnamese Fatherland Front and socio-political organizations;

d) The Secretary General of the National Assembly - Chief of Office of the National Assembly shall compile lists of state secrets of the National Assembly, agencies of the National Assembly, Secretary General of the National Assembly, Office of the National Assembly and Delegation of the National Assembly Deputies;

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e) The Chief Justice of the Supreme People’s Court, Chief Prosecutor of the Supreme People’s Procuracy and State Auditor General shall compile lists of state secrets of the areas under their management.

3. A person responsible for compiling a list of state secrets defined in Clause 2 of this Article shall send a dossier to the Ministry of Public Security for appraisal, excluding the cases provided for in Clause 5 of this Article.

A dossier to be sent to the Ministry of Public Security consists of a proposal to the Prime Minister; draft decision on issuance of the list of state secrets; a compiled report containing explanations and selected opinions from relevant regulatory bodies and organizations; and copies of opinions.

The appraisal record of the Ministry of Public Security must be sent to the person responsible for compiling such list no later than 30 days from the date of receipt of the complete dossier.

4. After receiving the appraisal record of the Ministry of Public Security, the person responsible for compiling the list of state secrets defined in Clause 2 of this Article shall submit the list to the Prime Minister for consideration and decision on issuance.

5. The Minister of National Defense or the Minister of Public Security shall submit the list of state secrets under their management to the Prime Minister for consideration and decision on issuance.

Chapter III

ACTIVITIES OF STATE SECRETS PROTECTION

Article 10. Determination of state secrets and classification levels of state secrets

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2. Heads of regulatory bodies and organizations and their deputies shall determine state secret, classification levels thereof, scope of circulation of such state secrets.

3. When a state secret of another regulatory body or organization is used, the corresponding classification level must be determined in accordance with the list of state secrets of areas as decided by the Prime Minister.  In cases where information within the same document or container of state secrets included in a list of state secrets is classified into different levels, the highest level of classification shall prevail.

4. The classification levels of state secrets shall be denoted by markings, documents determining classification levels or another appropriate form.

5. The Government of Vietnam shall elaborate this Article.

Article 11. Duplication and photographing of containers of state secrets

1. Persons with competence in granting permission for duplication and photographing of containers of state secrets classified as “Top secret” include:

a) Heads of agencies under CPV central Committee; heads of affiliated organizations of CPV Central Committee;

b) Head of Central Committee of Viet Nam Fatherland Front;

c) Heads of agencies under the National Assembly; the Secretary General of the National Assembly - Chief of Office of the National Assembly;

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dd) Ministers and heads of ministerial agencies;

e) Chief Justice of the Supreme People’s Court, Chief Prosecutor of the Supreme People’s Procuracy;

g) State Auditor General;

h) Heads of Governmental agencies;

i) Secretaries of Party Executive Committees of provinces and cities;

k) Head of Delegation of the National Assembly Deputies, Chairpersons of the People's Councils, Chairpersons of the People's Committees of provinces and cities;

l) Superiors of the persons specified in Points a, c, d, dd and h of this clause;

m) Chief Justices of the People’s Courts of provinces, Chief Procurators of the People's Procuracies of provinces;

n) Heads of a departments, divisions, or central socio-political organizations and their equivalents under the agencies specified in points a, b, c, d, dd, e, and g of this clause, except for heads of public service providers under the agencies specified in points b, c, d, dd, e, and g of this clause;

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p) Heads of overseas representative missions of the Socialist Republic of Vietnam;

q) Deputies and equivalents of the persons specified in points a, b, c, d, dd, e, g, h, i, k, l, m, n, o, and p of this clause;

r) Heads and their deputies of CPV organizations of agencies or organizations specified in points b, c, d, dd, e, g, h, k, m, n, and o of this clause.

2. Persons with competence in granting permission for duplication and photographing of containers of state secrets classified as “Secret” include:

a) The persons specified in Clause 1 of this Article;

b) Heads of units under Governmental agencies;

c) Heads of public service providers affiliated to the agencies specified in points b, c, d, dd, e, g, h, i, and k clause 1 of this Article;

d) Heads of Provincial Committees of Vietnam Fatherland Front;

dd) Heads of provincial-level departments, divisions and equivalents;

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g) Heads of tax authorities, statistics authorities, social security authorities of provinces and cities; heads of regional State Treasuries, regional Customs Sub-departments, and regional State Reserve Sub-departments;

h) Secretaries of Communist Party Committees, Chairpersons of the People's Councils; Chairpersons of the People’s Committees of communes;

i) Chairpersons of Boards of Directors, Chairpersons of the Boards of Members, Company Chairpersons, Directors, General Directors of state-owned enterprises;

k) Deputies of the persons specified in points b, c, d, dd, e, g, h and i of this clause;

l) Heads and their deputies of CPV organizations of agencies or organizations specified in points b, c, d, dd, e, g and i of this clause.

3. Persons with competence in granting permission for duplication and photographing of containers of state secrets classified as “Confidential” include:

a) The persons specified in Clause 2 of this Article;

b) Heads of department-level units under departments, bureaus, divisions or central socio-political organizations, and equivalents under the agencies specified in points a, b, c, d, dd, e, g, h, i, k, m, n, and o of Clause 1 of this Article; heads of department-level units and equivalents under the agencies specified in points c and g of Clause 2 of this Article; heads of units under the agencies specified in point i of Clause 2 of this Article;

c) Heads of division-level units and equivalents under departments, committees, the Vietnam Fatherland Front Committees, and provincial-level socio-political organizations and equivalents; heads of assisting bodies of the commune-level CPV committee; Chiefs of committees of the People's Councils, and Chiefs of divisions of the commune-level People's Committees.

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5. The authorized persons specified in Clauses 1, 2, 3 and 4 of this Article are only granted permission for duplication or photographing of containers of state secrets under their management.

6. Persons assigned to duplicate or photograph containers of state secrets must be cadres, public servants, employees, officers, non-commissioned officers, professional servicemen, workers or public employees of the people's armed forces, individuals working in cipher organizations directly related to state secrets, or those engaged in work concerning state secrets.

7. The Government of Vietnam shall elaborate this Article.

Article 12. Listing, storage and preservation of state secret containers

1. State secret containers must be chronologically listed according to their levels of classification upon receipt and issuance.

2. State secrets contained in devices capable of retention, duplication or photographing must be protected with appropriate measures.

3. State secret containers must be stored and preserved at secured locations with safety measures in place.

Article 13. Transport, delivery and receipt of state secret containers

1. State secret containers shall be domestically transported, delivered and received by persons whose tasks are related to state secrets and couriers or filing clerks of regulatory bodies and organizations.

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3. State secret containers shall be kept sealed during transport, delivery and receipt.

4.  State secret containers must be preserved during transport; a security force must be employed when necessary.

5. Transport of state secret containers by post shall comply with regulations of post laws.

6. Senders and receivers of state secret containers must inspect and verify to promptly detect errors and take appropriate response measures; the delivery and receipt must be fully recorded in separate logbooks with signatures of the receivers.

7. The Government of Vietnam shall elaborate this Article.

Article 14. Taking state secret containers out of authorized storage

1. Taking a state secret container out of its storage for domestic purposes must be directly related to the assigned tasks.

2. Taking a state secret container out of its storage for overseas purposes must be permitted by the head or his/her authorized deputy specified in Points a, b, c, d, dd, e, g, h, i, k and l Clause 1 Article 11 of this Law and be reported to the head of the official business team.

3. State secret containers must be preserved when they are taken out of storage.

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5. The Government of Vietnam shall elaborate this Article.

Article 15. Provision and transfer of state secrets to Vietnamese individuals, regulatory bodies and organizations

1. The authorized persons specified in Clause 1, 2 and 3 Article 11 of this Law shall decide the state secrets provision and transfer within their jurisdiction corresponding to classification of the state secret containers that they have authority to permit the duplication or photographing.

2. The Minister of National Defense and the Minister of Public Security shall stipulate the authority to provide or transfer state secrets under their management.

3. Vietnamese individuals, regulatory bodies and organizations assigned state secret-related tasks may request provision and transfer of state secrets.

4. When a regulatory body or an organization would like to request provision or transfer of a state secret, it must send a written request to a person having authority to decide the state secrets provision and transfer.  The written request must include the name of the regulatory body or organization; the representative thereof; the requested state secret; its purposes and the commitment to protect such secret.

5. When a person would like to request provision or transfer of a state secret, they must send a written request to a person having authority to decide the state secrets provision and transfer.  The written request must include the requester’s full name, personal identification number (PIN), passport number or number of ID card issued by the People’s Public Security or the People’s Army; address; position; the requested state secret; its purposes and the commitment to protect such secret.

6. If a request for provision or transfer of a state secret is rejected, the person having authority to decide such provision or transfer must send a written explanation.

Article 16. Provision and transfer of state secrets to foreign individuals, regulatory bodies and organizations

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a) The Secretary General of CPV Central Committee, the President, the Prime Minister, and the Chairman of the National Assembly shall decide the provision and transfer of state secrets classified as “Top Secret”;

b) The heads and their authorized deputies specified in points a, b, c, d, dd, e, g, h, i, and k of Clause 1, Article 11 of this Law shall decide the provision and transfer of state secrets classified as “Secret” or “Confidential” under their management;

c) The Minister and Deputy Minister of National Defense and the Minister and Deputy Minister of Public Security shall decide the provision and transfer of state secrets classified as “Secret” or “Confidential” under their management.

2. State secrets shall only be provided and transferred to foreign individuals, regulatory bodies and organizations participating in international cooperation programs or performing official duties related to state secrets.

3. When a foreign regulatory body or organization would like to request provision or transfer of a state secret, it must send a written request to the Vietnamese regulatory body or organization in charge of the international cooperation program or official duty related to the state secret. The written request must include the name of the requester or its representative; nationality, passport number and position of the representative; the requested state secret; its purposes; and the commitment to protect such secret and not make any unauthorized provision or transfer to a third party.

4. When a foreign individual would like to request provision or transfer of a state secret, they must send a written request to the Vietnamese regulatory body or organization in charge of the international cooperation program or official duty related to the state secret. The written request must include the full name of the requester; nationality, passport number, address; the requested state secret; its purposes; and the commitment to protect such secret and not make any unauthorized provision or transfer to a third party.

5. The Vietnamese regulatory body and organization in charge of the international cooperation program or official duty related to the state secret shall forward the request submitted by the foreign individual, regulatory body and organization prescribed in Clause 3 and Clause 4 of this Article to persons having authority to decide the provision and transfer of the state secret.

6. If a request for provision or transfer of a state secret is rejected, the person having authority to decide such provision or transfer must send a written explanation.

Article 17. Conferences, seminars and meetings containing state secrets of Vietnamese regulatory bodies and organizations

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a) The use of the state secret is permitted by one of the persons specified in Clause 1 and Clause 2 Article 15 of this Law;

b) A representative of the regulatory body or organization or a person assigned a task related to the state secret is attending;

c) The venue is secured, and the state secret must be protected from divulgence or loss;

d) Equipment and devices qualified for state secrets protection are used;

dd) There are plans to protect the conference, seminar or meeting;

2. The heads and their deputies of regulatory bodies or organizations deciding organization of the conferences, seminars or meetings containing state secrets shall hold responsibility for fulfillment of the requirements prescribed in Clause 1 of this Article and decide the recovery of state secret containers after conferences, seminars or meetings.

3. Attendees of a conference, seminar or meeting containing state secrets shall protect and use the state secrets according to regulations of this Law and the request of the host; the host shall be responsible before the head or his/her deputy of the regulatory body or organization for the protection of the state secrets at the conference, seminar or meeting.

4. The Government shall elaborate points c, d and dd Clause 1 of this Article.

Article 18. Conferences, seminars and meetings involving foreign elements in Vietnam and containing state secrets

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a) The conference, seminar or meeting is organized by a Vietnamese regulatory body or organization;

b) The use of the state secrets is permitted in writing by one of the persons specified in Clause 1 Article 16 of this Law;

c) The person specified in Point b Clause 1 Article 17 of this Law and representative of the foreign regulatory body/organization or individual related to the state secrets are required to attend;

d) The state secret containers must be recovered after the conference, seminar or meeting and the requirements specified in points c, d and dd clause 1 Article 17 of this Law must be fulfilled.

2. The heads and their deputies of regulatory bodies or organizations deciding organization of the conferences, seminars or meetings containing state secrets shall hold responsibility for fulfillment of the requirements prescribed in Clause 1 of this Article.

3. Attendees of a conference, seminar or meeting containing state secrets shall protect and use the state secrets according to regulations of this Law and the request of the host; and not provide or transfer such state secrets to a third party. The host of the conference, seminar or meeting containing state secrets shall be responsible before the head or his/her deputy of the regulatory body or organization for the protection of the state secrets at the conference, seminar or meeting.

Article 19. State secrets protection period

1. The period during which a state secret is protected starts from the date on which its classification level is determined until the expiration of:

a) 30 years, if the state secret is classified as “Top secret”;

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c) 10 years, if the state secret is classified as “Confidential”;

2. The period for protection of a state secret may be shorter than that specified in Clause 1 of this Article and must be marked with the stamp “State secrets protection period” or determined by another appropriate form when determining the classification level.

3. The state secrets protection period for documents classified as state secrets, including drafts or other documents that do not indicate the date for determining the classification levels, shall be marked with the stamp "State secrets protection period".

4. In case of using state secrets of another regulatory body or organization, the state secrets protection period starts from the date on which the regulatory body or organization identifies the information as a state secret and marks it with the stamp "State secrets protection period".

5. The period for protection of a state secret location ends when the authorized regulatory body or organization stops using such location.

Article 20. Extension of state secrets protection period

1. A state secret may be protected for an extended period of time if the declassification of such secret jeopardizes the national interests.

2. The extension of the state secrets protection period in the case specified in Clause 1, Article 19 of this Law is regulated as follows:

a) No later than 60 days before the expiration of the state secrets protection period, the person having authority to classify state secrets shall decide the extension of the state secrets protection period;

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c) No later than 15 days from the date of extension, the regulatory body or organization granted the extension must send a written notification to the relevant bodies, organizations, or individuals.

3. The extension of the state secrets protection period under the provision at Clause 2, Article 19 of this Law shall be implemented as follows:

a) Before the expiration of the protection period or upon the expiration of the protection period, the person having authority to classify state secrets shall decide the extension of the protection period if the declassification may jeopardize national interests;

c) The regulatory body or organization granted the extension must send a written notification to relevant agencies, organizations or individuals.

4. After the state secrets protection period is extended, the extension shall be confirmed by marking, documentation or another appropriate form.

5. The relevant agencies, organizations, and individuals, upon receiving a notification of an extension, shall confirm the extension of state secrets under their management by marking, documentation or other appropriate forms.

6. The Government shall regulate the extension of the state secrets protection period for classified electronic documents.

Article 21. Adjustment of classification levels

1. Adjustment of classification level means upgrading or downgrading the determined classification level of a state secret.

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3. Persons having authority to determine classification levels of state secrets shall also have the authority to decide the adjustment of such classification levels.

4. A state secret, after having its classification level adjusted, must be marked, documented or determined by otherwise appropriate form to confirm an upgrading or downgrading of the classification level.

5. No later than 15 days from the date of adjustment, the regulatory body or organization adjusting the classification levels must send a written notification to the relevant agencies, organizations, or individuals.

The relevant agencies, organizations or individuals, upon receiving a notification of adjustment, shall confirm the adjustment of state secrets under their management by marking, documentation or other appropriate forms.

6. The Government shall provide for the adjustment of classification levels of classified electronic documents.

Article 22. Declassification of state secrets

1. A state secret shall be declassified in the following cases:

a) The state secret shall automatically be declassified when both the state secrets protection period specified in Article 19 of this Law and the extension period specified in Article 20 of this Law expire;

b) The state secret is no longer classified as a state secret;

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2. For the case specified in point b, clause 1 of this Article, the regulatory body or organization that determines a state secret must confirm the declassification by marking, documentation or another appropriate form, and notify in writing the relevant agencies, organizations and individuals.

3. Declassification for the case specified in point c clause 1 of this Article shall be as follows:

a) The person having authority to determine the state secret shall have the authority to decide the declassification of such state secret and establish a declassification council;

b) The declassification council shall have the representative of the regulatory body or organization determining the state secret as its Chairperson; and representative of the regulatory body or organization directly drafting or creating the state secret and the person having authority specified in point a clause 3 of this Article as its members;

c) The declassification council shall consider declassifying all or part of the state secret and report in writing to the person having authority specified in point a clause 3 of this Article who will issue a declassification decision;

d) After the state secret is declassified, the declassification shall be confirmed by marking, documentation or another form; if the state secret is partially declassified, the declassification decision must include the full declassified contents;

dd) No later than 15 days from the date on which the declassification decision is issued, the regulatory body or organization deciding the declassification must send a written notification to the relevant agencies, organizations, or individuals.

e) The declassification dossier shall include:  the decision on establishment of the declassification council; the state secret to be declassified; meeting minutes of the declassification council; declassification decision and other relevant documents.

4. Agencies, organizations and individuals receiving the notification of the declassification shall:

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b) confirm the declassification by marking, documentation or another form if the state secret is created using state secrets that have already been declassified sent by agencies, organizations or individuals, and notify in writing the relevant agencies, organizations, or individuals.

5. For state secrets held by Historical Archives, in cases where the regulatory body determining state secrets cannot be identified, the Historical Archives shall decide the declassification in accordance with the provisions of the law on archives.

6. The Government shall provide for the declassification of classified electronic documents.

Article 23. Destruction of state secret containers

1. A state secret container shall be destroyed if:

a) it is not necessary to retain such container and the destruction causes no harm to national and ethnic interest; or

b) failure to immediately destroy such container will jeopardize the national interests.

2. Requirements for destruction of a state secret container:

a) The state secret must be protected from divulgence or loss;

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c) After being destroyed, the shape, features, uses and contents of the state secret container must be irreparable.

3. The authority to destroy the state secret container in the case specified in point a clause 1 of this Article:

a) One of the authorized persons specified in Clause 1 and Clause 2 Article 11 of this Law shall have the authority to decide destruction of the state secret container;

b) The Minister of National Defense or the Minister of Public Security shall stipulate the authority to destroy the state secret container under their management.

4. Procedures for destruction of a container of state secrets classified as “Top secret” in the case specified in point a clause 1 of this Article:

a) The authorized person specified in Clause 3 of this Article shall decide the establishment of a destruction council;

b) The destruction council shall include: the representative of the regulatory body or organization directly storing the state secret container as its Chairperson; and the person directly storing the state secret container and representatives of relevant regulatory bodies and organizations as its members;

c) The destruction council shall review the state secret container to be destroyed, and report to one of the authorized persons specified in Clause 3 of this Article who will issue a destruction decision;

d) The destruction dossier to be stored shall include:  the decision on establishment of the destruction council; list of state secret containers to be destroyed; meeting minutes of the destruction council; destruction decision, destruction records and other relevant documents.

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6. Containers of state cryptographic secrets shall be destroyed according to regulations of cryptographic laws; state secret containers stored by the Historical Archives shall be destroyed according to regulations of archiving laws.

7. The Government shall provide for procedures for destruction of containers of state secrets classified as “Secret” and “Confidential”.

Chapter IV

RESPONSIBILITIES FOR STATE SECRETS PROTECTION

Article 24. Responsibilities for state secrets protection of regulatory bodies and organizations

1. The Government shall exercise the unified state management of state secrets protection.

2. The Ministry of Public Security is responsible to the Government for implementing state management of state secrets protection with the following tasks and powers:

a) Formulating and proposing guidelines, policies and plans for state secrets protection;

b) Taking charge in developing and proposing legislative documents on state secrets protection to competent authorities for promulgation or promulgating such documents ex officio; providing guidelines for state secrets protection;

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d) Preventing and combating violations of state secrets protection laws;

dd) Inspecting, settling complaints and denunciations, and handling violations against state secrets protection laws;

e) Carrying out international cooperation in state secrets protection as assigned by the Government.

3. Within their duties and powers, the Office of CPV Central Committee and CPV Central Committee; Central Committee of Viet Nam Fatherland Front; Ethnic Minorities Council, Committees of the National Assembly, Office of the National Assembly; Office of the President; Committees of provinces and cities, Delegation of the National Assembly Deputies, the People’s Councils of provinces and cities shall:

a) Organize state secrets protection;

b) Take charge in developing and proposing specialized documents related to state secrets protection within the scope of this Law to competent authorities for promulgation or promulgating such documents ex officio;

c) Promulgate regulations on state secrets protection in regulatory bodies, organizations and localities and organize the implementation thereof;

d) Assign personnel to perform state secrets protection tasks; prepare reports on state secrets protection as regulated by the Government;

d) Decide measures to ensure security and safety, and to prevent and combat breaches of state secrets for isolated LANs under their management and in the following cases: using computers or devices previously used to draft or store state secrets to connect to computer networks (except isolates LANs), the Internet, or telecommunications networks; using computers or devices with a history of connection to computer networks (except isolated LANs), the Internet, or telecommunications networks to draft or store state secrets;

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4. Ministries, ministerial agencies, government agencies; the Supreme People's Court; the Supreme People's Procuracy; the State Audit; the People's Committees of provinces and cities have the following responsibilities:

a) Discharge responsibilities mentioned in Clause 3 of this Article;

b) Inspect, resolve complaints and denunciations, and handle violations of state secrets protection laws concerning agencies, organizations, and individuals under their management in accordance with the provisions of law;

c) Ensure international cooperation on the state secrets protection under their management.

5. The Ministry of National Defense is responsible to the Government for performing state management over the protection of state secrets under their management as stipulated in points a, b, c, d, and dd of clause 2 of this Article; and for carrying out tasks as stipulated in clause 3 and point c of clause 4 of this Article.

6. The Government Cipher Committee has the following responsibilities:

a) Assist the Minister of National Defense in implementing state management of state secrets protection in accordance with points a, b, c, d, and dd of Clause 2 of this Article in the field of cryptography;

b) Assist the Minister of National Defense in advising the Government on building and developing the national cryptographic information system; manage the activities of research, production, supply and use of cryptographic products to protect state secret information;

c) Discharge responsibilities mentioned in Clause 4 of this Article;

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1. Direct, inspect and urge the implementation of laws and internal regulations on state secrets protection of regulatory bodies and organizations under their management.

2. Direct and handle, within their authority, and promptly notify competent authorities in cases of divulgence or loss of state secrets under their management.

3. Organize the recovery of state secret containers when the person assigned to manage state secrets resigns, transfer to another workplace, retires, passes away or is no longer assigned to manage the state secrets for other reasons.

Article 26. Responsibilities for state secrets protection of persons with authorized access to state secrets and state secrets managers

1. Persons with authorized access to state secrets shall:

a) Comply with regulations of laws and regulations of regulatory bodies and organizations on state secrets protection;

b) Implement state secrets protection measures;

c) Use state secrets for authorized purposes;

d) Comply with requirements and guidelines of regulatory bodies and organizations directly managing state secrets.

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a) Discharge responsibilities mentioned in Clause 1 of this Article;

b)  Propose measures for protection of state secrets under their management to authorized persons who will issue decisions on such matter;

c) If violations against regulations on state secrets protection are detected, they must take response measures, report to the persons responsible for handling such violations and notify the regulatory bodies or organizations determining the state secrets for remedial measures;

d) Hand over the assigned state secrets to authorized managing regulatory bodies/organizations and commit themselves to protect the state secrets that used to be under their management before they resign, transfer to another workplace, retire or are no longer assigned to manage the state secrets for other reasons.

Chapter V

IMPLEMENTATION PROVISIONS

Article 27. Effect

1. This Law comes into force from March 01, 2026.

2. Law on State Secrets Protection No. 29/2018/QH14 amended by Law No. 81/2025/QH15 shall become invalid from the date on which this Law comes into force.

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Decisions on lists of state secrets issued in accordance with the provisions of the Law on State Secrets Protection No. 29/2018/QH14 amended by Law No. 81/2025/QH15 shall continue to remain in effect until new decisions are issued in accordance with the provisions of this Law.

The persons responsible for compiling lists of state secrets prescribed in Clause 2, Article 9 of this Law, are obliged to review, evaluate and propose amendments and supplements to the lists of state secrets within their respective sectors or fields of management, to be completed before January 1, 2027.

This Law was passed on December 10, 2025, by the XVth National Assembly of the Socialist Republic of Vietnam at its 10th session.

CHAIRPERSON OF THE NATIONAL ASSEMBLY




Tran Thanh Man