What are regulations on the provision of online information of regulatory bodies in Vietnam?

What are regulations on the provision of online information of regulatory bodies in Vietnam?

Pursuant to Article 4 of the Decree 42/2022/ND-CP (takes effects on 15/08/2022) stipulating the provision of online information of regulatory bodies in Vietnam as follows: 

1. Regulatory bodies that disclose online information to organizations and individuals in accordance with the Law on Access to Information and the Law on Information Technology shall provide information as follows:

a) Legislative documents and administrative documents which fall under their promulgation authority or they are assigned to preside over drafting, clearly stating: forms of documents, promulgation authority, numbers, dates of promulgation, effective dates, subjects, files permitted for download, provision of document search tools;

Information on legislative documents shall be provided under regulations of law and in synchronization with the National Database of Legislative Documents or the Official Gazette of the Government of the Socialist Republic of Vietnam.

b) Treaties to which the Socialist Republic of Vietnam is a signatory, international agreements to which Vietnam is a party.

c) Administrative procedures, online public services, task performance procedures of regulatory bodies prescribed by law, ensuring consistency and integration from the National Public Service Portal, ministerial and provincial public service portals.

d) Information concerning dissemination and provision of guidance on implementation of laws, regimes and policies on the domains under regulatory bodies’ management.

dd) National and local socio-economic development strategies, programs, projects, schemes, plans and planning; sectoral and industry planning, methods and results of implementation; annual working programs and plans of regulatory bodies. To be specific:

- Every Ministry, ministerial agency or governmental agency provide information on strategies, plans and sectoral and industry planning under their authority nationwide. Specialized agencies affiliated to provincial People’s Committees provide information on strategies, plans and sectoral and industry planning under their authority within provinces.

- Provincial and district-level People’s Committees provide information on socio - economic development strategies, plans and planning within their provinces and districts.

- The announcement of planning shall comply with the Law on Planning.

- Information on the list of projects, programs and results of public investment, public procurement, management and use of public investment funds and loans in compliance with regulations of law.

e) Information on functions, tasks, powers, organizational structures, organizational charts of agencies and affiliated units; addresses, phone number, fax number and emails of regulatory bodies; full names, positions, workplaces, phone number and official emails of officials acting as the contact point:

- For a ministry, ministerial agency, governmental agency, General Department, Department or an equivalent agency or a specialized agency affiliated to a provincial People’s Committee, there must be information on organizational charts, organizational structures, functions, tasks and powers of the agency and its affiliated units; brief description of the foundation and development of the agency; short biographies and tasks of the agency leadership.

- For a provincial People’s Committee or district-level People’s Committee, there must be information on organization of the administrative apparatus, map of commune-level administrative divisions; natural conditions, history, cultural tradition, sites/monuments and landscape; short biographies and tasks of the agency leadership.

g) Annual financial statements that are publicized according to the Law on Accounting; statistical information on industries and fields under their management according to the Law on Statistics; information on list and results of scientific programs and themes according to the Law on Science and Technology; information on diseases according to the Law on Prevention and Control of Infectious Diseases.

h) A list of pieces of information required to be publicized, clearly stating the address, form, time and time limit for disclosure for each type of information.

i) Other information required to be disclosed as prescribed law.

2. In addition to the information specified in clause 1 of this Article, regulatory bodies may provide other information under their authority.

3. Online information provided by regulatory bodies must be promptly updated after changes are made.

What are online communication channels of regulatory bodies in Vietnam?

Pursuant to Article 5 of the Decree 42/2022/ND-CP stipulating online communication channels of regulatory bodies in Vietnam as follows: 

1. Website or web portal of a regulatory body (hereinafter referred to as “regulatory body’s web portal”) is an online uniform and centralized communication channel of a regulatory body.

2. Based on specific conditions, regulatory bodies shall establish other online communication channels as follows:

a) Ministerial and provincial data portals

The ministerial data portal is integrated with the National Data Portal and is a subpage of a web portal of a Ministry, ministerial agency or governmental agency; the provincial data portal is integrated with the National Data Portal and is a subpage of a web portal of a provincial People's Committees.

b) Social networks permitted by regulatory bodies to provide online information as prescribed by law.

c) Email.

d) Applications on mobile devices permitted by regulatory bodies to provide online information, which shall be run in a centralized manner and shared among Ministries, central and local authorities in order to provide regulatory bodies’ online information and avoid duplication.

dd) Telephone switchboards.

3. Regulatory bodies shall publish online communication channels. These channels shall conform to the following requirements:

a) Ensure different means’ easy access, including mobile devices.

b) Permit organizations and individuals to make online assessments of the satisfaction of the provided information. Regulatory bodies shall protect confidentiality and privacy of information about assessors.

c) Ensure cyberinformation security; apply standards and technologies to assist people with disabilities in accessing and using information and communications products and services; comply with technical regulations on provision of online information.

d) The Ministry of Information and Communications shall provide guidance on standards for provision of assistance to people with disabilities in accessing and using information and communications products and services; provision of online information.

4. Organizations and individuals are entitled to choose any channel provided by regulatory bodies to access and use regulatory bodies’ online information and shall comply with regulations on use of online information.

Best regards!