What are the matters that must be made available for public access by heads of workplaces in Vietnam?

According to Clause 1, Article 47 of the Law on Implementation of Grassroots-level Democracy 2022, information shall be disclosed:

- By public posting;

- Through internal information systems or publishing on web portals or websites of workplaces;

- By notices made in staff meetings held within workplace;

- By notifying all of public officials or staff members within workplace;

- Through notifications issued to public officials and staff members with the help of managers of departments playing their conduit roles;

- By sending written notices to party organizations or executive boards of trade unions of workplaces that then forward them to public officials or staff members within workplace;

- Others as covered by laws and regulations on implementation of democracy at workplace.

2. What are the matters that must be made available for public access by heads of workplaces in Vietnam? 

Except data or information classified as state secrets, work secrets or those of which disclosure is prohibited in accordance with law, heads of workplaces shall have a duty to disclose the following intra mural:

(1) Guidelines and policies of the Party and national laws related to the organization and operation of their workplaces;

(2) Annual, quarterly and monthly work plans of their workplaces;

(3) Explanatory data or reports on the state budget estimate approved by the competent authority, and other financial sources; progress of implementation of the budget estimate and financial accounts of budget of each workplace; results of implementation of the State Audit's recommendations (if any);

(4) Standards, quotas, administrative procedures regarding public assets; situation of investment, construction, procurement, delivery, lease, use, withdrawal, transfer, alteration of functions, sale, liquidation, destruction and other forms of management of public property; situation of exploitation of financial resources derived from public property put under their control or custody;

(5) Principles, criteria and quotas for allocation of public investment capital; principles, criteria and grounds for determining the list of projects included in the medium-term and annual public investment plans; public investment plans and programs of workplaces, capital allocated each year, progress of implementation and disbursement of public investment programs’ capital;

Medium-term and annual public investment capital allocation plans, including the list of projects and the level of public investment capital for each project; review reports on mobilization of resources and other capital sources for participation in the implementation of public investment projects;

Review and results of implementation of plans, programs and projects; progress of implementation and disbursement of budget for projects; results of acceptance testing and evaluation of programs and projects; final accounts of public investment capital;

(6) Recruitment, receipt, training, education, transfer, appointment, re-appointment, rotation, secondment, resignation, dismissal, planning and change of working positions; employment contracts, change of professional titles, change of working positions, termination of employment contracts; business trips to foreign countries;

Payment of benefits, increase in pay levels, professional ranks, evaluation and categorization of public officials, civil servants, public employees and workers; rewarding, sanctioning, dismissal and retirement of public officials, civil servants, public employees and workers; proposals, projects, programs, plans and development of legal normative documents of workplaces;

(7) Conclusions of competent authorities on cases of misconduct, corruption or extravagance at the workplace; declaration of assets and income of the persons who are obliged to provide such declaration according to the provisions of law;

(8) Results of inspection, examination and settlement of complaints, denunciations and motions within workplace;

(9) Workplace rules and regulations; codes of conduct of people holding positions and powers in the workplace;

(10) Consolidation results of opinions, clarifications, explanations and responses to opinions of public officials, civil servants, public employees and workers regarding the matters on which they comment as prescribed in Article 53 of this Law;

(11) Regulatory and executive documents of senior agencies related to operation of workplaces;

(12) Others as covered by laws and regulations on implementation of democracy at workplace.

(Article 46 of the Law on Implementation of Grassroots-level Democracy 2022)

3. Time of disclosure of information at workplace in Vietnam

Pursuant to Clause 2, Article 47 of the Law on Implementation of Grassroots-level Democracy 2022, the time of disclosure of information at workplace is as follows:

he matters to be disclosed under Section 2 shall be made available for public access within 05 working days of receipt of decisions or written documents of competent authorities relating to the matters to be disclosed, unless otherwise prescribed in law.

>> The Law on Implementation of Grassroots-level Democracy 2022 takes effect from July 1, 2023.

Nguyen Thi Hoai Thuong

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