What types of information must be posted on portals and websites in Vietnam?

What types of information must be posted on portals and websites in Vietnam? - Nguyen Tran Huynh Nhu (Sa Dec)

What types of information must be posted on portals and websites in Vietnam?

Pursuant to Article 19 of the Law on Access to Information 2016 stipulates that the following types of information must be posted on portals and websites:

- Legislative documents; international treaties of which the Socialist Republic of Vietnam is a member or international agreements to which Vietnam is a signatory; administrative procedures and working procedures of state agencies;

- Information regarding the dissemination and guidance on the implementation of laws and policies in sectors under the state management;

- National and local socio-economic development strategies, programs, projects, schemes and plans; sector/field planning, methods and results thereof; annual working programs and plans of state agencies;

- Information about lists of public investment and public procurement projects/programs, results of public investment and procurement execution, the management and use of public investment funding and sources of loan capital;

- Information about functions, tasks, powers and organization structure of state agencies and their affiliated units; address, telephone number, fax number and email address of the state agency or the official in charge of receiving information requests;

- Annual financial statements; information about the statistics on sectors under the state management; information about lists of scientific programs/topics and results thereof;

- List of types of information subject to mandatory disclosure which includes address, methods, time and period of disclosure for each type of information;

- Information which is considered as necessary for public interests and community health;

- Other information that must be posted on portals and websites as regulated by law.

What types of information must be posted on portals and websites in Vietnam?

What are the regulations on the formulation of the Section on accessing information under the Portal and Website in Vietnam?

Pursuant to the provisions of Article 11 of Decree 13/2018/ND-CP stipulating the construction of the Section on accessing information under the Portal, the Website is as follows:

Information-providing agencies are responsible for building a Section on accessing information on their web portal or website to publish the list of information that must be made public, information on investment information providers for citizens, addresses to receive requests for information provision via the electronic network and to receive citizens' reflections, recommendations, complaints and denunciations about access to information; forms used in providing information; instructions and documents to support the requester for information; access address to download information (if any).

The relevant units in charge of the agency's database are responsible for maintaining, storing and updating information in the database and connecting to the Section on accessing information under the Portal, the Website.

How to handle the disclosure of inaccurate information in Vietnam?

Pursuant to the provisions of Article 22 of the Law on Access to Information 2016, the handling of disclosure of inaccurate information is as follows:

- If the state agency finds that the information which it generates and discloses is inaccurate, it must correct such inaccurate information and disclose the corrected information in a timely manner.

- If the state agency finds that the information which it discloses but is generated by another state agency is inaccurate, the information-disclosing agency must correct such inaccurate information and disclose corrected information in a timely manner.

- If the state agency finds that the information which it generates but is disclosed by another state agency is inaccurate, it must request the information-disclosing agency to correct inaccurate information and disclose corrected information in a timely manner.

- In case citizens believe that disclosed information is inaccurate, they must request the agency disclosing such information to correct it. Within 15 days as of the receipt of request for correcting disclosed information, the information-disclosing agency shall check the accuracy of such information and respond to citizens' request in writing. If the information-disclosing agency determines that the disclosed information is actually inaccurate as reported, it must correct such information and disclose corrected information in a timely manner.

- Inaccurate information is disclosed in which method of information disclosure shall be corrected and re-disclosed in that method of information disclosure.

What are the rights and duties of citizens inherent in access to information in Vietnam?

Pursuant to the provisions of Article 8 of the Law on Access to Information 2016, the rights and duties of citizens inherent in access to information are as follows:

- Citizens shall have the following rights:

+ To be provided with information in a sufficient, accurate and timely manner;

+ To lodge complaints, file lawsuits or report illegal acts in the access to information.

- Citizens must fulfill the following duties:

+ To conform to the access to information law;

+ Do not falsify contents of information provided by state agencies;

+ Do not infringe lawful rights and interests of agencies, organizations or other individuals while practicing the right of access to information.

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