Do citizens have right to read, watch, listen, reproduce and photocopy of the information of state agencies in Vietnam?
Do citizens have right to read, watch, listen, reproduce and photocopy of the information of state agencies in Vietnam? What are rights and duties of citizens inherent in the access to information of state agencies in Vietnam?
I am a retired official, currently residing in Ward I, K City. And I have a question that I hope you advise me that do I have right to read, watch, listen, reproduce and photocopy of the information of state agencies in Vietnam? What are rights and duties of citizens inherent in the access to information of state agencies?
Please advise. Thankyou.
1. Do citizens have right to read, watch, listen, reproduce and photocopy of the information of state agencies in Vietnam?
In Articles 5, Articles 6, and Articles 7 of the Law on Access to Information 2016, Citizens are permitted to access to information of state agencies, excepted for inaccessible information in the following conditions:
Article 5. Accessible information
Citizens are permitted to access to information of state agencies, excepted for inaccessible information as regulated in Article 6 of this Law and accessible information with particular conditions as regulated in Article 7 of this Law.
Article 6. Inaccessible information
Inaccessible information consists of:
1. Classified information that contains important contents associated with politics, national defense and security, foreign relations, economics, science, technology and other fields as regulated by the law.
Once classified information is declassified, citizens may access to it as regulated by this Law.
2. Information the access to which is considered as harming the national interests, causing adverse influence on the national defense and security, international relations, social order and security, social ethics and the community health; harming human life, living or property of others; information classified as working secrets; those concerning internal meetings of state agencies; documents drafted by state agencies to serve their internal activities.
Article 7. Accessible information with particular conditions
1. Information relating to a trade secret may be accessible if the trade secret holder has assented to the access to such information.
2. Information relating to secrets and privacy of an individual may be accessible if such individual grants an assent; information relating to family secrets may be accessible if there is an assent granted by all members of that family.
3. Heads of state agencies may, during the execution of their functions, tasks and powers, and where necessary, decide the provision of information concerning trade secrets, personal secrets and privacy or family secrets for the purpose of protecting interests and health of the community as regulated by relevant laws without asking for the assent of relevant entities as regulated in Clause 1 and Clause 2 of this Article.
As such, you have the right to read, watch, listen, reproduce and photocopy of the information of state agencies in Vietnam, except for inaccessible information or accessible information with particular conditions as mentioned above.
2. What are rights and duties of citizens inherent in the access to information of state agencies in Vietnam?
According to Article 8 of the Law on Access to Information 2016 stipulates rights and duties of citizens inherent in the access to information of state agencies:
1. Citizens shall have the following rights:
a) To be provided with information in a sufficient, accurate and timely manner;
b) To lodge complaints, file lawsuits or report illegal acts in the access to information.
2. Citizens must fulfill the following duties:
a) To conform to the access to information law;
b) Do not falsify contents of information provided by state agencies;
c) Do not infringe lawful rights and interests of agencies, organizations or other individuals while practicing the right of access to information.
According to this Article, comparing the above provisions, citizens inherent in the access to information of state agencies in Vietnam need to comply with the above rights and obligations.
Best Regards!