Information subject to mandatory disclosure under the Law on access to information in Vietnam

Information subject to mandatory disclosure under the Law on access to information in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Information subject to mandatory disclosure under the Law on access to information in Vietnam

According to Article 17 of the Law on access to information 2016, the 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 labour 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 the Law on access to information 2016; 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.

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

2. Methods and time of information disclosure under the Law on access to information in Vietnam

(i) Methods of information disclosure consist of:

- Post information on portals and websites of state agencies;

- Provide information via the mass media;

- Post information on Official Gazettes;

- Post information in the notice form at head offices of state agencies and other locations;

- Disclose information through the reception of citizens, press conference, press release, activities of spokespersons of state agencies as regulated by the law;

- Other methods that are convenient for citizens and determined by agencies in charge of disclosing information.

(ii) If a specific method of disclosure for a given type of information is regulated by the law, such regulations of the law shall apply.

In the other hand, if a specific method of disclosure for a given type of information is not regulated by the law, the state agency in charge of providing information shall, depending on its actual conditions, select one or a certain methods of information disclosure prescribed in Clause 1 of this Article to ensure that citizens are able to access such information.

(iii)  Apart from the methods of information disclosure regulated in (i), stage agencies must determine methods of information disclosure in conformity with access to information capacity and conditions of citizens who are the disabled and residents in border regions, islands, mountainous regions, and areas faced to extremely difficult social and economic conditions.

(iv) Time of disclosing information in each sector shall comply with relevant law. If the time of information disclosure is not regulated by the law, competent state agencies must disclose information within 05 days from the date on which it is generated.

(Article 18 of the Law on access to information 2016)

Nguyen Ngoc Que Anh

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