What are the matters that must be made available for public access by heads of workplaces in Vietnam?
- What are the matters that must be made available for public access by heads of workplaces in Vietnam?
- How long are the matters that must be made available for public access?
- Where workplaces have their own websites, how long are the heads of the workplaces responsible for posting the information on these platforms?
What are the matters that must be made available for public access by heads of workplaces in Vietnam?
Pursuant to the provisions of Article 46 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Matters that must be made available for public access by heads of workplaces
Except data or information classified as state secrets, work secrets or those of which disclosure is prohibited in accordance with law, heads of workplaces shall have a duty to disclose the following intra mural:
1. Guidelines and policies of the Party and national laws related to the organization and operation of their workplaces;
2. Annual, quarterly and monthly work plans of their workplaces;
3. Explanatory data or reports on the state budget estimate approved by the competent authority, and other financial sources; progress of implementation of the budget estimate and financial accounts of budget of each workplace; results of implementation of the State Audit's recommendations (if any);
4. Standards, quotas, administrative procedures regarding public assets; situation of investment, construction, procurement, delivery, lease, use, withdrawal, transfer, alteration of functions, sale, liquidation, destruction and other forms of management of public property; situation of exploitation of financial resources derived from public property put under their control or custody;
5. Principles, criteria and quotas for allocation of public investment capital; principles, criteria and grounds for determining the list of projects included in the medium-term and annual public investment plans; public investment plans and programs of workplaces, capital allocated each year, progress of implementation and disbursement of public investment programs’ capital; medium-term and annual public investment capital allocation plans, including the list of projects and the level of public investment capital for each project; review reports on mobilization of resources and other capital sources for participation in the implementation of public investment projects; review and results of implementation of plans, programs and projects; progress of implementation and disbursement of budget for projects; results of acceptance testing and evaluation of programs and projects; final accounts of public investment capital;
6. Recruitment, receipt, training, education, transfer, appointment, re-appointment, rotation, secondment, resignation, dismissal, planning and change of working positions; employment contracts, change of professional titles, change of working positions, termination of employment contracts; business trips to foreign countries; payment of benefits, increase in pay levels, professional ranks, evaluation and categorization of public officials, civil servants, public employees and workers; rewarding, sanctioning, dismissal and retirement of public officials, civil servants, public employees and workers; proposals, projects, programs, plans and development of legal normative documents of workplaces;
7. Conclusions of competent authorities on cases of misconduct, corruption or extravagance at the workplace; declaration of assets and income of the persons who are obliged to provide such declaration according to the provisions of law;
8. Results of inspection, examination and settlement of complaints, denunciations and motions within workplace;
9. Workplace rules and regulations; codes of conduct of people holding positions and powers in the workplace;
10. Consolidation results of opinions, clarifications, explanations and responses to opinions of public officials, civil servants, public employees and workers regarding the matters on which they comment as prescribed in Article 53 of this Law;
11. Regulatory and executive documents of senior agencies related to operation of workplaces;
12. Others as covered by laws and regulations on implementation of democracy at workplace.
Thus, except data or information classified as state secrets, heads of workplaces shall have a duty to disclose the above matters.
What are the matters that must be made available for public access by heads of workplaces in Vietnam?
How long are the matters that must be made available for public access?
Pursuant to the provisions of Article 47 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Method and time of disclosure of information at workplace
1. Information shall be disclosed:
a) by public posting;
b) through internal information systems or publishing on web portals or websites of workplaces;
c) by notices made in staff meetings held within workplace;
d) by notifying all of public officials or staff members within workplace;
dd) through notifications issued to public officials and staff members with the help of managers of departments playing their conduit roles;
e) by sending written notices to Party organizations or Executive Boards of Trade Unions of workplaces that then forward them to public officials or staff members within workplace;
g) Others as covered by laws and regulations on implementation of democracy at workplace.
2. The matters to be disclosed under Article 46 shall be made available for public access within 05 working days of receipt of decisions or written documents of competent authorities relating to the matters to be disclosed, unless otherwise prescribed in law.
Thus, the matters to be disclosed shall be made available for public access within 05 working days of receipt of decisions or written documents of competent authorities relating to the matters to be disclosed, unless otherwise prescribed in law.
Where workplaces have their own websites, how long are the heads of the workplaces responsible for posting the information on these platforms?
Pursuant to the provisions of Article 48 of the 2022 Law on Implementation of Grassroots-level Democracy in Vietnam stipulating as follows:
Responsibilities for conducting public disclosure of information at workplace
1. Where workplaces subject to disclosure requirements have their own websites or electronic information systems, the heads of these workplaces shall be responsible for posting the information specified in Article 46 of this Law on these platforms for at least 20 consecutive days from the date of commencement of posting or delivery of information, unless otherwise provided for by law.
2. If the aforesaid websites or electronic information systems are not available, the heads of these workplaces shall be responsible for posting the information specified in Article 46 of this Law at their workplace or offices of directly related departments or units for at least 20 consecutive days from the date of commencement of posting, except in case of using the form of written notification to all public officials, staff members at workplace, or unless otherwise defined by law.
3. In addition to disclosure of information in the forms specified in clause 1 and 2 of this Article, based on the characteristics and nature of activities and the matters to be disclosed, the heads of workplaces may otherwise decide on the form of disclosure specified in clause 1 of Article 47 herein provided that this form of disclosure fits well into the actual condition of each workplace with a view to ensuring that the staff can have access to disclosed information in an accurate, adequate, timely and easy manner.
4. Heads of workplaces shall be responsible for conducting, at the request of public officials, civil servants, public employees and staff members, the provision of the information that has not been disclosed within the time limit for publishing; the information of which time limit for disclosure has expired; or the information that is being made public but, due to force majeure, the requester cannot access.
5. Workplaces subject to disclosure requirements may further determine the information to be disclosed, the form of disclosure, the application of the forms of disclosure for each certain type of information in question, the method of implementation, the provision of information as required in the regulations on implementation of democracy of the workplace according to the characteristics of organization, operation and actual conditions of their workplace, and without breach of the provisions of this Section.
6. Where there is any other regulation on the form and method of public disclosure of specific types of information, such other regulation shall govern.
Thus, where workplaces subject to disclosure requirements have their own websites or electronic information systems, the heads of these workplaces shall be responsible for posting the information on these platforms for at least 20 consecutive days from the date of commencement of posting or delivery of information, unless otherwise provided for by law.
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