REFERENCE TRANSLATION OF LAW NO. 05/2011/QH13 ON CIPHER

This English text is an operational reference translation prepared for import-export and compliance review. It is not an official legal translation. The official Vietnamese text and competent authority sources prevail in all cases.

LAW ON CIPHER

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended and supplemented by Resolution No. 51/2001/QH10, the National Assembly promulgates the Law on Cipher.

CHAPTER I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law regulates cipher activities; duties, powers, organizational and operational principles of the cipher force; regimes and policies applicable to persons working in cipher organizations; and the rights, obligations and responsibilities of agencies, organizations and individuals related to cipher activities.

Article 2. Subjects of application

This Law applies to cipher organizations, persons working in cipher organizations, and agencies, organizations and individuals related to cipher activities.

Article 3. Interpretation of terms

For the purposes of this Law, the following terms are understood as follows:

1. Cipher activities are special confidential activities in the field of national security, using cryptographic operations, cryptographic techniques and relevant solutions to protect state-secret information, performed by a specialized force.

2. Cryptography means specific rules and conventions used to change the form in which information is expressed in order to ensure confidentiality, authenticity and integrity of information content.

3. Cryptographic operations are measures, regulations and technical solutions intended to protect safety and confidentiality and to ensure reliability of cryptographic techniques.

4. Cryptographic techniques are methods and means applying cryptography to protect information.

5. Encryption is the process of using cryptographic techniques to change the expression form of information.

6. Cryptographic products are documents, technical equipment and cryptographic operational means used to protect information.

7. A cipher communication network is a communication network using cryptographic products supplied and directly managed by a cipher organization to protect state-secret information.

Article 4. State policies on building and developing the cipher force

1. Build a regular and modern cipher force absolutely loyal to the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam.

2. Give priority to investment in research and application of cryptographic science and technology; strengthen investment in national cryptographic infrastructure and human-resource training for cipher activities.

3. Expand international cooperation in cipher affairs on the basis of independence, autonomy, strict observance of principles and compliance with the law on protection of state secrets.

Article 5. Principles of organization and operation of the cipher force

1. Be placed under the absolute and direct leadership in all aspects of the Communist Party of Vietnam and the unified management of the State.

2. Comply with the Constitution and laws; protect State interests and the lawful rights and interests of agencies, organizations and individuals.

3. Ensure absolute confidentiality, safety, accuracy and timeliness.

4. Be organized in a unified and strict manner, consistent with the requirements of Party leadership, State management, direction and command of the people’s armed forces, and the protection of state-secret information.

5. Apply a specialized management regime and strict working regime; use advanced cryptographic science and operations and modern cryptographic technologies and techniques.

Article 6. State management responsibilities for cipher affairs

1. The Government exercises unified state management over cipher affairs.

2. The Minister of National Defence is answerable to the Government for state management of cipher affairs and directly directs activities of the Government Cipher Committee.

3. The Government Cipher Committee is the national cryptographic authority and the specialized body managing cipher affairs, assisting the Minister of National Defence in state management of cipher affairs.

4. Competent bodies of the Communist Party of Vietnam manage cipher affairs within their assigned scope.

5. Ministers and heads of ministerial-level agencies, within their duties and powers, coordinate with the Minister of National Defence in state management of cipher affairs.

6. People’s Committees at all levels perform state management of cipher affairs according to Government decentralization.

Article 7. Responsibility to assist the cipher force

Agencies, organizations and individuals must assist the cipher force and cipher officers in performing their duties when so requested.

Article 8. Protection of secrets relating to cryptographic products and information in cipher activities

Cryptographic products and information on cipher organizations, cipher communication networks, workplaces, production establishments and warehouses storing cipher cryptographic products are state secrets and must be managed and protected in accordance with the law on protection of state secrets.

Article 9. Encryption of state-secret information

1. State-secret information transmitted through information or telecommunications means must be encrypted by cipher cryptography.

2. State-secret information stored in electronic or information-technology devices and on telecommunications networks must be encrypted by cipher cryptography. The Government specifies the categories of state-secret information subject to encryption under this clause.

Article 10. Funding and physical facilities for cipher activities

1. Funding for cipher activities is guaranteed by the state budget.

2. The guarantee, management and use of funding and physical facilities serving cipher activities, and the audit thereof, comply with laws applicable to the defence and security sector.

Article 11. Prohibited acts

1. Disclosing state secrets or working secrets in cipher activities.

2. Using cryptographic products not supplied by the Government Cipher Committee to protect state-secret information.

3. Abusing assigned duties or powers in cipher activities to harm national security, State interests, or lawful rights and interests of agencies, organizations and individuals.

4. Transmitting state-secret information through information or telecommunications means without encrypting it by cipher cryptography.

5. Illegally researching, producing, using, collecting or destroying cipher cryptographic products.

6. Deliberately damaging or appropriating cipher cryptographic products.

7. Illegally obstructing cipher activities.

CHAPTER II

CRYPTOGRAPHIC ACTIVITIES FOR PROTECTION OF STATE-SECRET INFORMATION

Article 12. Cryptographic science and technology activities and transfer of cryptographic technology

1. Cryptographic science and technology activities and transfer of cryptographic technology for protection of state-secret information must comply with the law on protection of state secrets.

2. Organizations and individuals that meet required conditions and capacity may register and participate as members or collaborators in cryptographic science and technology research topics and projects for protection of state-secret information. When necessary, the Government may mobilize the scientific and technological potential of agencies, organizations and individuals for research, production and use of cryptography to protect state-secret information.

3. The State uniformly manages and organizes cryptographic science and technology activities and transfer of cryptographic technology for protection of state-secret information.

4. The Government details this Article.

Article 13. Production and supply of cryptographic products

1. The State exclusively produces and supplies cryptographic products to agencies and organizations for protection of state-secret information.

2. The Government Cipher Committee prepares plans, organizes production and supply of cryptographic products and directly manages cryptographic production facilities for protection of state-secret information.

Article 14. Import of equipment and technology serving research and production of cryptographic products

1. The State adopts priority policies for importing equipment and technology serving research and production of cryptographic products used to protect state-secret information where domestic capacity cannot yet meet requirements.

2. The Prime Minister prescribes the mechanism for importing equipment and technology serving research and production of cryptographic products.

Article 15. Technical regulations, inspection and assessment of cryptographic products

1. Cryptographic products used to protect state-secret information must apply technical regulations and must be inspected and assessed before being put into use.

2. The Government prescribes the formulation, appraisal and promulgation of technical regulations for cryptographic products and prescribes management of inspection and assessment of cryptographic products used to protect state-secret information.

Article 16. Management and use of cryptographic products

1. Cryptographic products used to protect state-secret information must be managed uniformly and strictly.

2. The use of cryptographic products to protect state-secret information must comply with operational rules and usage procedures applicable to each type of cryptographic product.

3. Agencies and organizations using cryptographic products are responsible for ensuring human resources, equipment and necessary conditions so that they are ready for operation and able to ensure cryptographic security and safety.

Article 17. Establishment and dissolution of cipher communication networks

1. A cipher communication network is established when there is a need to protect state-secret information by cryptography and when requirements on personnel, technology, security and safety are satisfied.

2. Establishment and dissolution of a cipher communication network are decided by the head of the competent cipher-using agency or organization after obtaining written professional and operational agreement from the Government Cipher Committee.

3. In urgent cases requiring establishment or dissolution of a cipher communication network, the head of the competent cipher-using agency or organization may decide and must promptly notify the Government Cipher Committee in writing.

4. The Government details conditions, competence, order and procedures for establishment and dissolution of cipher communication networks consistent with the tasks of each system of cipher organizations.

Article 18. Deployment of cryptographic products to protect state-secret information stored in electronic and IT devices and on telecommunications networks

1. Agencies, organizations and individuals having state-secret information stored in electronic or IT devices and on telecommunications networks as provided in Clause 2 Article 9 of this Law must send a written request for deployment of cryptographic products to the competent cipher organization.

2. The competent cipher organization is responsible for deploying cryptographic products to protect state-secret information stored in electronic and IT devices and on telecommunications networks in accordance with Government regulations.

Article 19. Ensuring cryptographic safety in urgent or dangerous circumstances

In an urgent or dangerous situation where there is no other measure to ensure cryptographic safety, the agency, organization or individual using cryptographic products must immediately take destruction measures and then promptly report to the competent person.

CHAPTER III

DUTIES, POWERS AND ORGANIZATION OF THE CIPHER FORCE

Article 20. Position, functions and duties of the cipher force

The cipher force is one of the specialized forces protecting state secrets. It advises the Party and the State on cipher affairs and performs cipher activities; contributes to ensuring absolute confidentiality, safety, accuracy and timeliness of information serving Party leadership, State management and direction and command of the people’s armed forces in all circumstances; and proactively prevents and combats cryptanalysis activities that harm national security, State interests or lawful rights and interests of agencies, organizations and individuals.

Article 21. Duties and powers of the Government Cipher Committee

1. Advise and propose the Minister of National Defence to promulgate, or submit to competent authorities for promulgation, strategies, policies and legal normative documents on cipher affairs.

2. Assist the Minister of National Defence in: organizing implementation of strategies, policies and laws on cipher affairs; directing and coordinating with relevant agencies to build a unified and strict cipher organization and a clean, strong, professionally capable cipher force; organizing the establishment and unified management of cipher communication networks and managing and controlling the use of cryptographic products nationwide; and submitting to the Government regulations on the organizational apparatus and staffing of the Government Cipher Committee.

3. Organize and direct professional and technical cryptographic training and retraining throughout the cipher sector.

4. Organize and uniformly manage scientific research and technology development in cryptography for protection of state-secret information; coordinate with relevant agencies and organizations in managing import of equipment and technology for research and production of cryptographic products.

5. Uniformly manage and ensure professional, operational and technical cryptographic support for cipher activities nationwide; produce and supply cryptographic products to protect state-secret information; and build physical and technical facilities satisfying the requirements for developing a regular and modern cipher force.

6. Ensure readiness of the cipher communication network system, reserve forces and reserve stocks of cryptographic products to respond effectively in all circumstances.

7. Perform the tasks of a central-level focal unit for investment planning and budget; directly manage physical facilities and technical equipment of the Government Cipher Committee.

8. Coordinate with relevant agencies and organizations to organize implementation and inspection of encryption of state-secret information.

9. Organize protection of secrets of cryptographic products and other state-secret information in cipher activities.

10. Coordinate with relevant agencies and organizations in managing activities of research, production, business and use of cryptography serving socio-economic development; provide confidentiality and information-safety services to agencies, organizations and individuals in accordance with law.

11. Conduct inspection and examination, settle complaints and denunciations and handle legal violations in the cipher sector in accordance with law.

12. Conduct international cooperation in cipher affairs.

13. Perform other duties and powers as prescribed by law.

Article 22. Organization of the cipher force

1. The Government Cipher Committee.

2. Cipher organizations of ministries and sectors, including: cipher organizations of the People’s Army; cipher organizations of the People’s Public Security; diplomatic cipher organizations; and cipher organizations in Party agencies and other State agencies at central and local levels.

3. Cipher organizations within the ministry and sector systems specified in Clause 2 of this Article are independent focal points under the leadership of competent bodies of the Communist Party of Vietnam, the direction of heads of agencies or organizations using cipher, and professional management by superior cipher organizations.

4. The Government prescribes establishment and dissolution of cipher organizations and the organizational structure of the Government Cipher Committee.

CHAPTER IV

PERSONS WORKING IN CIPHER ORGANIZATIONS AND REGIMES AND POLICIES APPLICABLE TO THEM

Article 23. Persons working in cipher organizations

1. Persons working in cipher organizations include: persons assigned, seconded or appointed to perform duties of the cipher force, referred to as cipher officers; persons selected for training, retraining and professional cipher training; and persons working in cipher organizations who are not covered by the preceding two groups, referred to as other persons working in cipher organizations.

2. The Government prescribes ranks and titles of persons working in cipher organizations.

Article 24. Obligations and responsibilities of persons working in cipher organizations

1. Keep state-secret information and cipher working secrets confidential, including after leaving cipher organizations.

2. Obey assignment and transfer by agencies and organizations and properly and fully perform assigned duties; be dedicated to work and ready to complete duties in all circumstances; strictly comply with Party lines and policies, State laws, regulations, regimes and rules on cipher work; and keep assigned cryptographic products absolutely safe.

3. Regularly preserve and cultivate revolutionary ethics and study and train to improve political, professional, operational, military, cultural and physical capacity to fulfill duties.

4. Upon receiving an order from a competent person, if there are grounds to believe the order is unlawful, immediately report to the person giving the order; if the order still must be obeyed, promptly report to the immediate superior of the person giving the order and bear no responsibility for consequences of executing that order.

5. Perform other obligations and responsibilities prescribed by law.

Article 25. Recruitment into cipher organizations

1. A person who has only Vietnamese nationality, resides in Vietnam, is at least 18 years old, satisfies standards on politics, morality, educational level and health, and has the aspiration and capacity suitable for cipher work may be recruited into a cipher organization.

2. Cipher organizations are given priority to select outstanding graduates from educational institutions who satisfy the standards in Clause 1 of this Article for training and addition to the cipher force.

Article 26. Standards for cipher officers

1. Cipher officers must satisfy the following standards: firm political resolve and absolute loyalty to the Fatherland and people, the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; voluntary long-term service in cipher organizations and readiness to accept and complete assigned duties; good moral qualities and clean, clear personal and family political history; political, professional and operational qualifications, practical capacity and health suitable to assigned duties; and completion of professional cipher training.

2. A cipher officer who no longer satisfies the standards in Clause 1 may not continue cipher work. Depending on the specific case, the competent cipher user decides handling measures in accordance with law.

Article 27. Service age limits of cipher officers

1. Service age limits for cipher officers who are members of the armed forces or People’s Public Security comply with laws on the People’s Army and People’s Public Security. For cipher officers who are not members of those forces, the Labor Code applies.

2. Cipher officers who are not members of the armed forces or People’s Public Security and satisfy state social-insurance conditions may retire. If they have worked in cipher organizations for at least 25 years for men or 20 years for women, have fully paid social insurance, including at least 05 years as cipher officers, and the cipher agency no longer needs to arrange work or cannot transfer them to another sector, they may retire before the age limit mentioned in Clause 1.

Article 28. Secondment of cipher officers

1. Based on requirements for performing cipher duties, cipher officers may be seconded under decisions of competent authorities.

2. Seconded cipher officers enjoy regimes and policies under this Law and other relevant laws.

Article 29. Period during which participation in cryptographic activities is prohibited

Persons working in cipher organizations under Points a and b Clause 1 Article 23 of this Law, upon retirement, transfer to another sector or job, or termination of employment, may not participate in cryptographic activities for organizations or individuals outside the cipher sector for 05 years from the date of the relevant decision.

Article 30. Training, retraining and use of persons working in cipher organizations

1. Persons working in cipher organizations must be trained and retrained in politics, professional matters, law and other necessary knowledge suitable to their assigned duties.

2. Persons who have completed professional cipher training may, upon graduation, be assigned and appointed by competent agencies to work in cipher organizations.

Article 31. Regimes and policies for cipher officers

1. Cipher officers who are members of the armed forces or People’s Public Security enjoy salary, allowance and other regimes and policies applicable to the People’s Army and People’s Public Security.

2. Cipher officers who are not members of those forces enjoy salary, allowance and other regimes and policies like those applicable to military personnel and are exempt from active military service.

3. Cipher officers enjoy special regimes and policies of the cipher sector as prescribed by law.

4. The Government details this Article.

Article 32. Regimes and policies for persons selected for professional cipher training

Persons selected for training, retraining and professional cipher training enjoy regimes and policies applicable to trainees at military and public-security schools.

Article 33. Regimes and policies for other persons working in cipher organizations

1. Other persons working in cipher organizations who are members of the armed forces or People’s Public Security enjoy salary, allowance and other regimes and policies applicable to those forces.

2. Other persons working in cipher organizations who are not members of the armed forces or People’s Public Security enjoy salary, allowance and other regimes and policies like defence workers and defence public employees in the People’s Army and are exempt from active military service.

Article 34. Responsibility allowance for protection of cryptographic secrets

Persons working in cipher organizations enjoy a responsibility allowance for protecting cryptographic secrets as prescribed by the Government.

Article 35. Regimes and policies for non-military and non-public-security cipher officers upon retirement, transfer or resignation

1. Upon retirement, such cipher officers enjoy the pension regime prescribed by law, assistance from local authorities where they reside to stabilize their lives, and medical examination and treatment under the health-insurance regime at military or civilian medical establishments.

2. Upon transfer to another sector, they have their salary level at the time of transfer preserved for at least 18 months; if they are later reassigned back to the cipher force, the time spent in the other sector counts as continuous working time for rank, salary step and seniority consideration; upon retirement, the occupational seniority allowance calculated based on time working in the cipher organization at the time of transfer is added to the average monthly salary used for pension calculation. If the pension calculated at retirement is lower than the pension calculated at the time of transfer, the latter pension level applies.

3. Upon leaving employment before satisfying retirement conditions, they are entitled to job-creation allowance, one-off severance allowance and social-insurance regimes as prescribed by law; assistance from local authorities where they reside to stabilize their lives; and, if they have served in the cipher force for at least 15 years, exemption from or reduction of hospital fees when receiving medical examination and treatment at military medical establishments as prescribed by the Minister of National Defence.

Article 36. Ensuring operating conditions for cipher officers

1. Cipher officers are equipped with technical and operational means, weapons and supporting tools; are given priority in exit and entry procedures; and are exempt from customs procedures for cryptographic products carried with them upon exit or entry.

2. Agencies and organizations using cipher are responsible for managing and using cipher officers according to their professional expertise and ensuring working conditions; regularly educating them on politics, ideology and moral qualities; fully implementing regimes and policies; and caring for their material and spiritual lives.

CHAPTER V

IMPLEMENTATION PROVISIONS

Article 37. Effect

This Law takes effect on 01 February 2012. Ordinance on Cipher No. 33/2001/PL-UBTVQH10 ceases to be effective from the effective date of this Law.

Article 38. Detailed provisions and implementation guidance

The Government details and guides implementation of the articles and clauses assigned in this Law.

This Law was passed by the XIII National Assembly of the Socialist Republic of Vietnam at its 2nd session on 26 November 2011.