Vice Chairman of the National Assembly , Senior Lieutenant General Tran Quang Phuong chaired the meeting. Photo: Quang Khanh
Split the defense and security industry fund into two independent funds.
Presenting the Summary Report of 3 Law Projects, Minister of Public Security Luong Tam Quang said that, based on the Party's guidelines, the State's policies and the practical results of the arrangement and streamlining of the political system's apparatus in the past time; at the same time, through the work of monitoring the implementation of the law, the Government has reviewed, proposed the development and promulgation of the above 3 law projects to ensure that the provisions of these laws are consistent with the results of the arrangement of the State apparatus and 2-level local government; meet the urgent requirements of practice, consistent with the policy of breakthrough in science and technology development, innovation, national digital transformation, building a security industry in the era of national development and growth, promoting decentralization, decentralization, cutting administrative procedures and unifying with the legal system.
Vice Chairman of the National Assembly , Senior Lieutenant General Tran Quang Phuong chaired the meeting. Photo: Pham Thang
The draft Law amending and supplementing a number of articles of the Law on National Defense and Security Industry and Industrial Mobilization includes 2 articles. In particular, the National Defense and Security Industry Fund will be separated into 2 independent funds, including the Security Industry Development Investment Fund and the National Defense Industry Fund. The Ministry of Public Security will be assigned to manage the Security Industry Development Investment Fund, and the management of the National Defense Industry Fund will be decentralised from the Government to the Ministry of National Defense.
In addition, a number of specific regulations of the Security Industry Development Investment Fund are added, including financial resources from contributions of members participating in the National Security Industry Complex, principles of risk-taking operations, and venture capital to build and develop the security industry. In particular, the principle of non-duplication of expenditure content with the National Defense Industry Fund is affirmed.
Minister of Public Security Luong Tam Quang presented a summary of three draft laws. Photo: Quang Khanh
The Draft Law adds 1 section on the National Security Industrial Complex to Chapter II, including 4 articles, regulating the functions, tasks and components of the national security industrial complex (Article 45a), the national security industrial complex (Article 45b), members participating in the national security industrial complex (Article 45c) and the State's policy towards the national security industrial complex (Article 45d).
Supplementing similar provisions to the provisions on the National Defense Industrial Complex in Section 7, Chapter II, however, specifying specific contents of the National Security Industrial Complex compared to the National Defense Industrial Complex to avoid duplication, overlap and institutionalize the Politburo's requirements on the National Security Industrial Complex.
Supplementing regulations on the "Security Industry Development Management Council" established by decision of the Minister of Public Security and chaired by the Council; supplementing the responsibilities of the Ministry of Public Security in managing and implementing activities of certifying the conformity of security industry products and services with corresponding standards or regulations.
Vice Chairman of the National Assembly Nguyen Khac Dinh and delegates attending the meeting. Photo: Quang Khanh
Regarding the draft Law on Cyber Security, the Minister of Public Security said that the draft Law consists of 9 chapters and 58 articles, including 30 provisions inherited from the 2018 Law on Cyber Security (retaining 21 articles; amending and supplementing 9 articles), 16 provisions inherited from the 2015 Law on Network Information Security (retaining 12 articles; amending and supplementing 4 articles); 9 consolidated provisions and adding 3 new provisions.
The amended and supplemented regulations focus on the following issues: (1) Supplementing regulations on ensuring data security. (2) Supplementing regulations on the responsibility of identifying IP addresses and providing them to specialized forces for protecting network security; supplementing regulations on funding for protecting network security of agencies, organizations, state-owned enterprises, and political organizations; supplementing regulations on encouraging the use of Vietnamese security industry products and services; supplementing regulations on granting network security certificates.
The draft Law on Protection of State Secrets (amended) consists of 5 chapters and 28 articles. The draft law inherits the relevant provisions and contents of the 2018 Law on Protection of State Secrets; in which, 7 articles are kept intact and 21 articles are amended and supplemented.
View of the meeting. Photo: Quang Khanh
The new point of the draft law is to expand the permission to copy, extract, and store state secrets in the electronic environment. Specifically, this is to "expand independent LANs established within the headquarters of agencies and organizations, not encrypted with secret but ciphered to thoroughly remove obstacles in the Law on Protection of State Secrets 2018 and meet the requirements of national digital transformation.
At the same time, the draft Law adds a prohibition on the use of artificial intelligence systems to violate state secrets. Adds authority and responsibility in state secret protection activities for commune-level authorities and some central agencies organized according to the regional model. Adds and completes regulations on handling documents containing state secret content in the electronic environment. Abolishes a number of administrative procedure regulations within agencies, organizations, units, and localities related to state secret protection activities.
Regarding decentralization and delegation of power, the draft Law has stipulated to thoroughly decentralize to departments, ministries, branches and provincial and communal levels, especially communal and regional levels in state secret protection activities to increase the authority and responsibility of agencies, organizations and localities in state secret protection activities.
Delegates attending the meeting. Photo: Quang Khanh
It is necessary to ensure the conditions for switching from "pre-control" to "post-control".
Briefly presenting the Review Report on 3 Law projects, Chairman of the National Defense, Security and Foreign Affairs Committee Le Tan Toi said that the Committee basically agreed to build the Law projects amending and supplementing a number of articles of the Law on National Defense Industry, Security and Industrial Mobilization; Law on Cyber Security; Law on Protection of State Secrets (amended).
Regarding the draft Law amending and supplementing a number of articles of the Law on National Defense Industry, Security and Industrial Mobilization, the Committee proposed to study the concept of the Security Industry Development Investment Fund in Clause 1, Article 22 to make it clearer, covering practical needs, closely following the direction of the Politburo; at the same time, study and revise the concept of the National Defense Industry Fund in Clause 1, Article 22 for consistency.
Carefully review the security industry products and services listed in Point a, Clause 2 to avoid omitting important security industry products and services or generalizing regulations and then assigning the Government to specify them.
Regarding the National Security Industrial Complex, some regulations on the functions and tasks of the National Security Industrial Complex, the core of the National Security Industrial Complex, and members participating in the National Security Industrial Complex are not logical and lack consistency, so it is recommended to adjust these regulations.
Regarding the draft Law on Cyber Security, the Committee on National Defense, Security and Foreign Affairs agreed on the necessity of promulgating the Law mainly on the basis of consolidating the contents of the 2018 Law on Cyber Security and the 2015 Law on Network Information Security.
The Committee also recommends that, regarding the business of cyber security products and services (Chapter VI), it is necessary to carefully review specific content to switch from "pre-inspection" to "post-inspection" on the basis of meeting standards and regulations on cyber security (except for special cases) to minimize legal compliance costs, increase flexibility and be consistent with Resolution No. 66-NQ/TW of the Politburo.
At the same time, it is necessary to minimize administrative procedures, eliminate regulations on conditions for granting business licenses for cyber security products and services (Article 37) and practice certificates (Article 38) or only stipulate the framework and then assign the Government to stipulate the details.
The Committee on National Defense, Security and Foreign Affairs also proposed that the assessment of cyber security... must ensure at least 10% of the total budget for implementing projects and programs... information technology"; proposed to review the responsibilities of the Ministry of National Defense and the Government Cipher Committee in protecting cyber security for information systems and in state management of cyber security in accordance with the authority, functions and tasks prescribed by law...
With the draft Law on Protection of State Secrets (amended), the Committee for National Defense, Security and Foreign Affairs proposed to add regulations on: Responsibility for reviewing of the recipient of documents and containers of state secrets; criteria for deciding to extend the period of protection of state secrets and the maximum extension period; process for determining and stamping the confidentiality level of electronic documents of state secrets.
At the same time, it is recommended to continue research to simplify the procedures for destroying documents and objects containing state secrets in the direction of assigning the head of the agency, organization or deputy the right to decide to do this.
Regarding the responsibility of agencies and organizations to protect state secrets (Article 24), it is proposed to stipulate the responsibility of the Government Cipher Committee in implementing state management in this field to be consistent with the provisions of the Law on Cipher and in accordance with the functions and tasks of the Government Cipher Committee.
Source: https://daibieunhandan.vn/day-manh-phan-cap-phan-quyen-cat-giam-thu-tuc-hanh-chinh-10393763.html
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