Vietnam: Ensuring the right of access to information of citizens

The Law on access to information 2016 of Vietnam takes effect from July 01, 2018, consisting of 5 chapters, 37 articles,  providing for the exercise of the citizens’ right of access to information, principles and procedures for exercising the right of access to information, responsibilities of state agencies in ensuring the citizens’ right of access to information.

According to this Law, citizens are entities exercising the right of access to information. Legally incapacitated persons may request for the provision of information via their legal representatives. Persons with limited cognition and behavioral control may request for the provision of information via their guardians. Persons under 18 years old may request for the provision of information via their legal representatives, except for the cases governed by the children law and other laws.

The Law on access to information 2016 of Vietnam also specifies rules for ensuring the right of access to information, which include: all citizens are treated equally and not discriminated against in exercising their right of access to information; the Government grants favorable opportunities for the disabled and those who reside in border regions, islands, mountainous regions, areas faced to extremely difficult social and economic conditions to practice their right of access to information.

The Law stipulates that 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.

In order to create favorable conditions for people in determining the scope of information to which they have access, the Law has specified accessible information, inaccessible information and accessible information with particular conditions.

To ensure that information is public and disseminated to the broadest range of people, the Law stipulates the types of information and the manner of disclosing information on websites/web portals, mass media, and posting it in the Official Gazette. Accordingly, the Law stipulates that the information that must be made public includes very important information such as: 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; 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; etc.

The Law also stipulates: Apart from types of information prescribed above, state agencies shall, depending on actual conditions, actively disclose other information that they generate or manage.

To ensure the exercise of citizens' right to access information, the Law stipulates the responsibilities of state agencies in arranging focal staff to receive and provide information; make a list of information that must be made public, and provide information upon request; review, classify, check and ensure the confidentiality of information before providing, etc. The Ministry of Information and Communications helps the Government in carrying out the task of providing technical guidance on measures and procedures to protect information and to protect information management systems. The Ministry of Justice assists the Government in general monitoring the implementation of this Law.

In order to facilitate the access and search of information, the Law on access to information 2016 of Vietnam stipulates that state agencies that are responsible for providing information as prescribed in the Law must keep records and documents that have been entered into the list and must be classified according to the way and form of creating information. favorable for ensuring the right to access information of citizens; ensure that information can be stored electronically, be digitized within an appropriate period of time and be open to all; at the same time, it must be connected to a nationwide electronic network for easy access from different systems.

Portals and websites of state agencies must be connected or integrated with those of their affiliated units for updating information and facilitating citizens in retrieving or exploiting information.

Source: infonet.vn

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