Vietnam: Citizens have the right to request state agencies to provide information

According to the Law on access to information 2016 of Vietnam, all citizens have the right to request state agencies to provide information which are free of charge, except for other cases of fee collection as regulated by law; the applicant for the provision of information must pay fees actually incurred from printing, duplication, photocopying and sending information.

Citizens may obtain information by employing one of the following methods: exercise the freedom of access to information publicly announced by state agencies; request state agencies to provide information.

Information is not yet released within its disclosure period as regulated; information whose disclosure period expires; information related to business secrets, private life, personal secrets, family; information related to the daily life, production and business of the requester, but not in the case of disclosure; etc. shall be provided upon request, via the electronic network, postal service, fax or in person at the headquarters of the information provider.

The 14 following types of information must be disclosed publicly:

- Legislative documents; administrative documents with universal effect; 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;

- Drafts of legislative documents as regulated by the law on promulgation of legislative documents; contents and results of the referendum and acquisition of people’s opinions about issues which are under the decision of state agencies and have to be asked for people’s opinions as regulated by the law; schemes and their drafts on the establishment, dissolution, merger or division of administrative units or modification of administrative areas;

- 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 regarding state budget estimates; reports on state budget enactment; state budget statements; estimates, enactment reports, statements of budgets of fundamental construction programs/projects funded by state budget; state budget procedures;

- Information regarding the provision, management and use of official development assistance (ODA) and non-governmental aid as regulated; information about the management and use of social relief and benefits; and information about the management and use of people’s contributions and types of funds;

- Information about lists of public investment and public procurement projects/programs, and the management and use of public investment funding, the situation and results of the execution of public investment plans/programs/projects; bidding information; information on land use plans; land price; land appropriation; plans for compensation, site clearance and resettlement concerning regional projects/works;

- Information about investment activities funded by state budget, the management and use of state capital in enterprises; reports on business and ranking of enterprises; reports on the supervision of the disclosure of financial information of enterprises and state agencies representing owners; information about the organization and operation of state-owned enterprises;

- Information about products, goods and services that have adverse influence on the health and environment; inspection conclusions in the fields of environmental protection, community health, foods safety and labor safety;

- Information about functions, tasks, powers and organization structure of agencies and their affiliated units; tasks and powers of officials in charge of dealing with people’s issues; internal regulations and rules promulgated by state agencies;

- Periodical working reports; annual financial statements; information about the statistics on sectors under the state management; sector/field-related national database; information regarding the recruitment, use and management of officials and public employees; information about lists of scientific programs/topics and results thereof;

- The list of types of information subject to mandatory disclosure as regulated in Point b Clause 1 Article 34 of this Law; name, address, telephone number, fax number and email address of the state agency or the official in charge of receiving information requests;

- Information concerning public interests and community health;

- Information concerning taxes, fees and charges;

- Other information that must be disclosed as regulated by the law.

State agencies shall, depending on actual conditions, actively disclose other information that they generate or manage.

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.

The head of the unit in charge of providing information shall ensure the fulfillment of the provision of information within the ambit of its agency's tasks and take action against acts of obstructing the citizens' right of access to information intra vires.

The official who is assigned to provide information shall provide information to citizens in a timely and sufficient manner. Harassing or making obstruction or difficulty during the performance of assigned duties is strictly prohibited.

Source: Legal newspaper

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