National Assembly deputies agreed on the necessity of drafting the Law on Protection of State Secrets (amended) for the reasons given in the Government's Submission; agreed on the name, scope of regulation and structure of the draft Law. At the same time, they said that the draft Law is consistent with the Party's policies and guidelines; ensuring constitutionality, legality and consistency in the legal system.
Regarding the specific contents of the draft Law, National Assembly Deputy Tran Dinh Chung (Da Nang) suggested that the drafting agency continue to carefully review the scope of state secrets to ensure they are suitable for the industry and field after streamlining the organizational structure.
According to the delegate, it is necessary to avoid using qualitative terms that will cause difficulties when building a list of state secrets, thereby helping to ensure feasibility when applying.
Regarding the identification of state secrets and the level of state secrets, delegates suggested that the drafting agency study and specify the process of creating, identifying, and transferring electronic documents to ensure feasibility in implementation and meet the requirements of digital transformation.
According to delegate Tran Dinh Chung, this content needs to be specifically regulated in the decree, but it is also necessary to ensure consistency within the provisions of the law, "at least these documents must be included in the list of state secrets".
Regarding the period of protection of state secrets, some delegates suggested that the drafting agency study and stipulate the period of protection of state secrets in cases of use of state secrets by other agencies and organizations.
It is possible to consider the option of having a seal or a regulation on the document about the remaining period of state secret protection. "Stipulating the remaining period of state secret protection on these documents will make it easier to implement, avoiding misunderstanding or violations of this period," National Assembly Deputy Be Minh Duc (Cao Bang) emphasized.
Regarding the destruction of documents and objects containing state secrets (Article 23), delegate Tran Dinh Chung said that it is necessary to assign the head of the agency, organization or deputy to decide on the destruction of documents and objects containing state secrets. In reality, currently, when destroying documents at all three levels of secret, top secret and secret, a council must be established to implement. The implementation procedures are quite cumbersome. The delegate said that when assigning the head of the agency, organization or deputy to decide on this task, it will reduce administrative procedures.
Delegate Tran Dinh Chung also suggested that the drafting agency carefully study and inherit the transitional provisions in the current Law on Protection of State Secrets, in order to avoid creating gaps for state secret documents that were identified before January 1, 2019.
Source: https://daibieunhandan.vn/can-quy-dinh-quy-trinh-xac-lap-bi-mat-nha-nuoc-voi-van-ban-dien-tu-10393867.html
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