Theory and Practice

The entire Army thoroughly grasps and effectively implements the Law on Protection of State Secrets

5/25/2026 4:25:09 PM

On 10 December 2025, at its 10th Session, the 15th National Assembly of the Socialist Republic of Viet Nam adopted the Law on Protection of State Secrets (Law No.117/2025/QH15), which came into effect on 1 March 2026. In order for the Law to be promptly and effectively implemented in practice, meeting the demands and requirements of the new situation, the entire Army must focus on thoroughly grasping and rigorously, seriously, and effectively implementing its provisions.

State secrets are information containing important content identified by competent authorities as undisclosed and which, if leaked or lost, may cause harm to national interests. State secrets exist not only in the form of paper documents, but also include electronic data, spoken information, activities, information systems, and other forms.

In the context of rapid and complex global and regional developments; increasingly intense strategic competition among major powers; and the emergence of new forms of warfare, particularly information warfare and cyber warfare, which profoundly affect all aspects of social life, the protection of state secrets has become an urgent requirement of special significance for the cause of national construction and defence.

After more than five years of implementing the 2018 Law on Protection of State Secrets and its guiding documents, state secret protection work has achieved many important results, contributing to safeguarding national security, maintaining social order and safety, and promoting socio-economic development. Nevertheless, a number of provisions of the 2018 Law have failed to keep pace with practical developments and no longer fully meet the demands arising from advances in science and technology and the ongoing process of digital transformation. In addition, certain provisions of the Law are no longer compatible with the two-tier local government model.

In order to address these shortcomings and promptly institutionalise the Party’s guidelines and policies and the State’s laws on safeguarding national security, ensuring social order and safety, promoting breakthroughs in science and technology, innovation, digital transformation, and reforming law-making and law enforcement work to meet the requirements of national construction and defence in the new era of development, it has become an objective and urgent necessity to revise the Law on Protection of State Secrets.

The Nationa Assembly passes the Law on Protection of State Secret 2025 (Photo: VNA)

The 2025 Law on Protection of State Secrets consists of five chapters and 28 articles, of which seven articles remain unchanged, while 21 articles have been amended or supplemented compared with the 2018 Law. The Law fully inherits the fundamental principles established in the 2018 Law, while continuing to affirm the particularly important role of state secret protection work and introducing numerous important amendments and additions, thereby creating a more rigorous legal framework better suited to current practical conditions.

First, the Law supplements the concepts of “independent LAN network” and “electronic state-secret document” within the interpretation of terms to avoid differing interpretations during implementation. Accordingly, an independent LAN network refers to a local computer network established and confined within the headquarters of an agency or organisation, not connected to the internet, telecommunications networks, or other computer networks linked outside that headquarters, and equipped with measures ensuring security, safety, and prevention against unauthorised connection, intrusion, or information collection. An electronic state-secret document refers to a document containing state secrets in digital data form as determined by a competent authority.

Second, the Law expands provisions to permit the drafting and storage of state secrets on computer systems operating on “independent LAN networks” established within the premises of agencies and organisations without requiring encryption by cipher systems, thereby comprehensively addressing shortcomings in the 2018 Law. In practice, most ministries, sectors, and localities currently use interconnected computer systems for drafting, storing, transmitting, and receiving state-secret information. These systems operate independently from the internet and are confined within agency or organisational headquarters. Accordingly, the Law introduces additional protective measures for the drafting, storage, and transmission of state secrets in line with practical realities and advances in science and technology.

Third, the Law supplements procedures for the classification and protection of draft documents containing state secrets. The 2018 Law did not provide regulations on classifying draft documents containing state-secret content. The new provisions therefore address difficulties related to protecting such information and handling violations involving the disclosure of state secrets during the drafting process. Under the revised Law, procedures for protecting and handling violations involving draft documents containing state secrets are implemented in a manner similar to officially signed and promulgated classified documents.

Fourth, the Law supplements and refines provisions governing the handling of documents containing state secrets in the electronic environment to align with advances in science and technology and the requirements of national digital transformation. The Law establishes general principles while assigning the Government responsibility for issuing detailed implementation guidance on matters such as classification of state secrets, levels of secrecy, extension of protection periods, adjustment of secrecy levels, declassification, and related procedures.

Fifth, the Law introduces prohibitions against the use of artificial intelligence systems to infringe upon state secrets, while at the same time permitting the deployment and use of artificial intelligence in state-secret protection work. This approach aligns with the policy of promoting the application of scientific and technological achievements across all fields and meeting the requirements of digital transformation. However, implementation must strictly comply with the provisions of the Law, particularly prohibited acts stipulated therein. In addition, compliance must also be ensured with the Law on Cybersecurity, the Law on Cryptography, the Law on the Digital Technology Industry, the Law on Artificial Intelligence, and other relevant legislation.

Sixth, the Law abolishes a number of internal administrative procedures within agencies, organisations, units, and localities relating to state-secret protection activities, with the aim of reducing internal administrative burdens and aligning with the implementation of the two-tier local government model. These abolished procedures include authorisation procedures for copying and photographing classified materials; procedures for obtaining permission to remove classified documents or materials from storage locations for domestic work purposes; procedures for recovering classified materials following conferences, seminars, or meetings held by Vietnamese agencies or organisations; and procedures for establishing declassification councils in cases where classified information belonging to another agency or organisation has already been declassified by the competent authority, among others.

The 2025 Law on Protection of State Secrets was promulgated in the context of rapid and extensive digital transformation within the military. This creates an urgent requirement for the Law to be implemented in a synchronous, serious, and effective manner, ensuring both strict observance of confidentiality principles and the requirements of military development and modernisation. In order for the Law to be promptly put into practice and to maximise its effectiveness, agencies and units throughout the armed forces must focus on effectively implementing several key requirements as follows:

Firstly, to strengthen education, dissemination, and awareness-raising among cadres and soldiers regarding the Law on Protection of State Secrets. Agencies and units must thoroughly disseminate and rigorously implement the Law, integrating its contents into political education programmes, legal dissemination and education, political activities, training, education, regularity building, and discipline management. This is to ensure that all officers and soldiers gain a profound understanding of the Law’s provisions, particularly its newly amended and supplemented provisions, thereby enhancing awareness and responsibility in protecting state secrets. Strict implementation of the Law not only contributes to preventing and mitigating the risks of leakage or loss of state secrets in the digital environment, but also creates a legal framework enabling agencies, organisations, and individuals to confidently apply technology and innovate working methods.

Secondly, to urgently review and improve the system of legal normative documents to ensure consistency and synchronisation with the Law. Functional agencies - particularly those responsible for legal affairs, judicial affairs, security protection, cybersecurity, and cryptography - must coordinate in advising and proposing to the Central Military Commission and the Ministry of National Defence the promulgation of a Ministry-level circular regulating state-secret protection work within the military’s scope of management, thereby ensuring uniform implementation of the Law throughout the armed forces. On that basis, agencies and units shall review their entire system of regulations, rules, and procedures related to the management, use, and protection of state secrets, and promptly amend, supplement, or promulgate internal documents in conformity with the Law. Priority should be given to revising regulations on the management of classified documents in digital environments, information system security, procedures for processing, storing, transmitting, and destroying state-secret documents, and coordination mechanisms among forces, ensuring consistency, feasibility, and practical applicability while overcoming overlaps and inconsistencies.

Thirdly, to build a contingent of specialised personnel capable of meeting the requirements of state-secret protection in the digital environment. Agencies and units should focus on training and improving knowledge of law, information technology, cybersecurity, and incident-handling skills, while strengthening discipline awareness, legal compliance, and professional responsibility among personnel directly engaged in confidentiality protection, cryptography, cybersecurity, and legal affairs. Appropriate mechanisms are needed to identify, train, and effectively utilise high-quality human resources in technology and information security fields, ensuring that such personnel possess firm political resolve, sound moral qualities, fundamental knowledge of information security, and the ability to identify risks, prevent cyberattacks, and mitigate data leaks. At the same time, they must be capable of using technology safely, effectively, and in compliance with regulations, thereby meeting the requirements of building a revolutionary, regular, elite, and modern Army.

Fourthly, to ensure adequate technical, technological, and material conditions for state-secret protection work. This constitutes a critical prerequisite for effectively implementing state-secret protection requirements in cyberspace. Accordingly, investment should be made in building secure and independent internal networks, equipping agencies and units with modern security software and devices, and strengthening cyber defence capabilities. At the same time, technical standards and regulations on information security must be promptly completed, while ensuring sufficient funding and resources for state-secret protection work.

Finally, to strengthen inspection, supervision, and auditing, while promptly detecting and strictly handling violations. Party committees and commanders of agencies and units should pay due attention to inspecting, supervising, and auditing the implementation of the Law, ensuring strict compliance with regulations on state-secret protection. Loopholes, shortcomings, and risks relating to information security must be promptly identified, and all violations resolutely and strictly dealt with. These measures not only enhance deterrence and prevention, but also contribute to improving mechanisms and policies and strengthening the effectiveness and efficiency of state management over state-secret protection within the Army.

Thoroughly grasping and effectively implementing the Law on Protection of State Secrets is the responsibility of every officer and soldier, especially Party committee members and leading cadres at all levels. This contributes to maintaining discipline and order, ensuring information security, and enhancing the overall strength and combat readiness of the armed forces, thereby meeting the requirements of safeguarding the Fatherland in the new situation.

Major General NGUYEN VIET DUNG, Director of the Department of Legal Affairs, Ministry of National Defence