The rights on access to informationThe Law on Access to Information was passed on April 6, 2016, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 11th session. This Law prescribes the exercise of citizens’ right of access to information, principles, order and procedures for the exercise of the right of access to information, and responsibilities and obligations of state agencies to guarantee citizens’ right of access to information.
The subjects exercising the right of access to information are as follow:
1. Every citizen shall exercise the right of access to information in accordance with this Law.
2. A person who has lost his/her civil act capacity shall request the provision of information through his/her at-law representative.
A person who has difficulty in perceiving and controlling his/her acts shall request the provision of information through his/her guardian.
3. An under-18 person shall request the provision of information through his/her at-law representative, unless otherwise prescribed by the law on children or other laws.
Information accessible to citizens under certain conditions: Information relating to a business secret may be accessed if so consented by the owner of such secret.. Information relating to the privacy or a personal secret of a person may be accessed if so consented by such person; information relating to a family’s secret may be accessed if so consented by such family’s members. When performing his/her functions and tasks and exercising his/her powers, the head of a state agency shall decide on the provision of information relating to business secrets, privacy, personal secrets and family secrets when it is necessary to ensure public interests or community well-being in accordance with a relevant law without having to obtain the consent as prescribed in Clause 1 or 2 of this Article.
The following types of information shall be disclosed to the general public:
a/ Legal documents; administrative documents of general application; treaties to which the Socialist Republic of Vietnam is a contracting party, international agreements to which Vietnam is a contracting party; administrative procedures and work settlement processes of state agencies;
b/ Information disseminating, and guiding the implementation of, the laws, regulations and policies in the fields under the management of state agencies;
c/ Draft legal documents as prescribed by the law on promulgation of legal documents; contents and results of referendums and responses to the People’s opinions on issues which state agencies have competence to decide on and put up for public comment in accordance with law; plans and draft plans on the establishment, dissolution, merger and division of administrative units and adjustment of administrative boundaries;
d/ National and local socio-economic development strategies, programs, projects, schemes, plans and master plans; sectoral master plans and methods and results of implementation; annual work programs and plans of state agencies;
dd/ Information on state budget estimates; reports on state budget implementation; final accounts of the state budget; estimates and implementation and final accounts of budgets for state-funded capital construction investment programs and projects; state budget procedures;
e/ Information on the allocation, management and use of official development assistance funds and non-governmental aid according to regulations; information on the management and use of social relief and subsidies; management and use of the People’s contributions and funds of all types;
g/ Information on the lists of public investment and procurement projects and programs and the management and use of public investment capital, the situation and results of implementation of public investment plans, programs and projects; information on bidding; information on land use master plans and plans; land prices; land recovery; plans on compensation, ground clearance and resettlement related to projects and works in localities;
h/ Information on the investment, management and use of state capital at enterprises; assessment reports on the performance and classification of enterprises; reports on supervision of the disclosure of financial information of enterprises and state agencies acting as representatives of the owner of enterprises; information on the organization and operation of state enterprises;
i/ Information on products, goods and services that have adverse impacts on health and environment; conclusions of examinations, inspections and supervisions related to environmental protection, community well-being, food safety and occupational safety;
k/ Information on the functions, tasks, powers and organizational structures of agencies and their attached units; tasks and powers of cadres and civil servants directly settling the People’s affairs; internal rules and regulations issued by state agencies;
l/ Periodical work reports; annual financial statements; statistical information on sectors and fields of management; national databases of sectors and fields; information on the recruitment, employment and management of cadres, civil servants and public employees; information on lists and results of scientific programs and projects;
m/ Lists of information subject to disclosure prescribed at Point b, Clause 1, Article 34 of this Law; names, addresses, telephone numbers, fax numbers and email addresses of state agencies or persons acting as focal points for receiving requests for information provision;
The Law detailly stipulated that
1. Foreigners residing in Vietnam have the right to request the provision of information directly concerning their rights and obligations.
The order and procedures for requesting information applicable to foreigners residing in Vietnam must comply with Chapter III of this Law.
2. Citizens may request information through their organization, mass organization or enterprise in case many persons of that organization, mass organization or enterprise request provision of the same information.
The Government shall detail this Clause.
This Law takes effect on July 1, 2018.
The rights on access to information
05/12/2016
The Law on Access to Information was passed on April 6, 2016, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 11th session. This Law prescribes the exercise of citizens’ right of access to information, principles, order and procedures for the exercise of the right of access to information, and responsibilities and obligations of state agencies to guarantee citizens’ right of access to information.
The subjects exercising the right of access to information are as follow:
1. Every citizen shall exercise the right of access to information in accordance with this Law.
2. A person who has lost his/her civil act capacity shall request the provision of information through his/her at-law representative.
A person who has difficulty in perceiving and controlling his/her acts shall request the provision of information through his/her guardian.
3. An under-18 person shall request the provision of information through his/her at-law representative, unless otherwise prescribed by the law on children or other laws.
Information accessible to citizens under certain conditions: Information relating to a business secret may be accessed if so consented by the owner of such secret.. Information relating to the privacy or a personal secret of a person may be accessed if so consented by such person; information relating to a family’s secret may be accessed if so consented by such family’s members. When performing his/her functions and tasks and exercising his/her powers, the head of a state agency shall decide on the provision of information relating to business secrets, privacy, personal secrets and family secrets when it is necessary to ensure public interests or community well-being in accordance with a relevant law without having to obtain the consent as prescribed in Clause 1 or 2 of this Article.
The following types of information shall be disclosed to the general public:
a/ Legal documents; administrative documents of general application; treaties to which the Socialist Republic of Vietnam is a contracting party, international agreements to which Vietnam is a contracting party; administrative procedures and work settlement processes of state agencies;
b/ Information disseminating, and guiding the implementation of, the laws, regulations and policies in the fields under the management of state agencies;
c/ Draft legal documents as prescribed by the law on promulgation of legal documents; contents and results of referendums and responses to the People’s opinions on issues which state agencies have competence to decide on and put up for public comment in accordance with law; plans and draft plans on the establishment, dissolution, merger and division of administrative units and adjustment of administrative boundaries;
d/ National and local socio-economic development strategies, programs, projects, schemes, plans and master plans; sectoral master plans and methods and results of implementation; annual work programs and plans of state agencies;
dd/ Information on state budget estimates; reports on state budget implementation; final accounts of the state budget; estimates and implementation and final accounts of budgets for state-funded capital construction investment programs and projects; state budget procedures;
e/ Information on the allocation, management and use of official development assistance funds and non-governmental aid according to regulations; information on the management and use of social relief and subsidies; management and use of the People’s contributions and funds of all types;
g/ Information on the lists of public investment and procurement projects and programs and the management and use of public investment capital, the situation and results of implementation of public investment plans, programs and projects; information on bidding; information on land use master plans and plans; land prices; land recovery; plans on compensation, ground clearance and resettlement related to projects and works in localities;
h/ Information on the investment, management and use of state capital at enterprises; assessment reports on the performance and classification of enterprises; reports on supervision of the disclosure of financial information of enterprises and state agencies acting as representatives of the owner of enterprises; information on the organization and operation of state enterprises;
i/ Information on products, goods and services that have adverse impacts on health and environment; conclusions of examinations, inspections and supervisions related to environmental protection, community well-being, food safety and occupational safety;
k/ Information on the functions, tasks, powers and organizational structures of agencies and their attached units; tasks and powers of cadres and civil servants directly settling the People’s affairs; internal rules and regulations issued by state agencies;
l/ Periodical work reports; annual financial statements; statistical information on sectors and fields of management; national databases of sectors and fields; information on the recruitment, employment and management of cadres, civil servants and public employees; information on lists and results of scientific programs and projects;
m/ Lists of information subject to disclosure prescribed at Point b, Clause 1, Article 34 of this Law; names, addresses, telephone numbers, fax numbers and email addresses of state agencies or persons acting as focal points for receiving requests for information provision;
The Law detailly stipulated that
1. Foreigners residing in Vietnam have the right to request the provision of information directly concerning their rights and obligations.
The order and procedures for requesting information applicable to foreigners residing in Vietnam must comply with Chapter III of this Law.
2. Citizens may request information through their organization, mass organization or enterprise in case many persons of that organization, mass organization or enterprise request provision of the same information.
The Government shall detail this Clause.
This Law takes effect on July 1, 2018.