Chương I Luật tiếp cận thông tin 2016: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This law provides 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.

Article 2. Interpretation of terms

In this Law, these terms are construed as follows:

1. Information refers to details and data that are contained in existing documents and papers and stored in writings, printouts, electronic texts, pictures, photos, drawings, tapes, disks, video recordings, audio recordings or in other forms produced by state agencies.

2. Information generated by the state agency refers to news and data which are generated during the execution of functions, tasks and powers by a state agency as regulated by the law. The instrument containing such information must be signed, sealed or certified by the competent official of such state agency.

3. Access to information includes the reading, watching, listening, reproduction and photocopying of the information.

4. Provision of information includes the state agency’s disclosure of information and provision of information as requested by citizens.

Article 3. Rules for ensuring the right of access to information

1. All citizens are treated equal and not discriminated in exercising their right of access to information.

2. The information must be provided in an accurate and sufficient manner.

3. The provision of information must be made in a timely and transparent manner, convenient for citizens to access and in conformity with procedures regulated by the law.

4. Restrictions on the right of access to information must be regulated by the law, where necessary, for the purpose of ensuring the national defense and security, social security, social ethics and community health.

5. The exercise of the citizens’ right of access to information must not be harmful to national interests, lawful rights and interest of other agencies, organizations and individuals.

6. 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.

Article 4. Entities exercising the right of access to information

1. Citizens may exercise their right of access to information as regulated in this Law.

2. 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.

3. 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.

Article 5. Accessible information

Citizens are permitted to access to information of state agencies, excepted for inaccessible information as regulated in Article 6 of this Law and accessible information with particular conditions as regulated in Article 7 of this Law.

Article 6. Inaccessible information

Inaccessible information consists of:

1. Classified information that contains important contents associated with politics, national defense and security, foreign relations, economics, science, technology and other fields as regulated by the law.

Once classified information is declassified, citizens may access to it as regulated by this Law.

2. Information the access to which is considered as harming the national interests, causing adverse influence on the national defense and security, international relations, social order and security, social ethics and the community health; harming human life, living or property of others; information classified as working secrets; those concerning internal meetings of state agencies; documents drafted by state agencies to serve their internal activities.

Article 7. Accessible information with particular conditions

1. Information relating to a trade secret may be accessible if the trade secret holder has assented to the access to such information.

2. Information relating to secrets and privacy of an individual may be accessible if such individual grants an assent; information relating to family secrets may be accessible if there is an assent granted by all members of that family.

3. Heads of state agencies may, during the execution of their functions, tasks and powers, and where necessary, decide the provision of information concerning trade secrets, personal secrets and privacy or family secrets for the purpose of protecting interests and health of the community as regulated by relevant laws without asking for the assent of relevant entities as regulated in Clause 1 and Clause 2 of this Article.

Article 8. Rights and duties of citizens inherent in the access to information

1. Citizens shall have the following rights:

a) To be provided with information in a sufficient, accurate and timely manner;

b) To lodge complaints, file lawsuits or report illegal acts in the access to information.

2. Citizens must fulfill the following duties:

a) To conform to the access to information law;

b) Do not falsify contents of information provided by state agencies;

c) Do not infringe lawful rights and interests of agencies, organizations or other individuals while practicing the right of access to information.

Article 9. Scope and responsibilities for providing information

1. State agencies shall provide information they generate, except for the cases regulated in Article 6 of this Law; as for the cases regulated in Article 7 of this Law, the provision of information is carried out if relevant conditions have been satisfied as regulated.

Communal people’s committees shall provide information they generate and those they receive to directly execute their functions, tasks and powers, except for the cases regulated in Article 6 of this Law; as for the cases regulated in Article 7 of this Law, the provision of information is carried out if relevant conditions have been satisfied as regulated.

2. State agencies shall directly organize the provision of information, except for the following cases:

a) The Office of the National Assembly shall organize the provision of information that is generated by the National Assembly, agencies affiliated to the National Assembly, agencies affiliated to the Standing Committee of the National Assembly, and the information that it directly generates;

b) The Office of the President shall provide information generated by the President and the information that it directly generates;

c) The Office of the Government shall provide information generated by the Government and the Prime Minister, and the information that it directly generates;

d) Offices of the National Assembly Delegations shall provide information generated by the National Assembly Delegations and the information that they directly generate;

dd) Offices of provincial people’s councils shall provide information generated by people’s councils, standing boards of people’s councils and agencies of people’s councils of provinces and the information they directly generate;

e) Offices of provincial people’s committees shall provide information generated by people’s committee, chairpersons of people’s committees of provinces and the information they directly generate;

g) Offices of people’s councils and people’s committees of districts shall provide information generated by people’s councils, standing boards of people’s councils, agencies of people’s councils, people’s committees and chairpersons of people’s committees of districts, and the information they directly generate;

h) The communal people’s committee shall provide information that it directly generates or generated by its affiliated agencies and the information it receives to directly execute its functions, tasks and powers to citizens residing in such commune; and provide such information to citizens other than those residing in such commune if such information is considered as associating to their lawful rights and interests;

i) Minister of National Defense and Minister of Public Security regulate agencies in charge of providing information in their organizational structures.

Article 10. Methods of receiving information

Citizens may obtain information by employing one of the following methods:

1. Exercise the freedom of access to information publicly announced by state agencies;

2. Request state agencies to provide information.

Article 11. Prohibited acts

1. Deliberate provision of false or incomplete information or delay in provision of information; destruction of information; forging of information.

2. Intentional provision or use of information to fight against the Government of the Socialist Republic of Vietnam, sabotage the implementation of solidarity policies or incite violent acts.

3. Intentional provision or use of information to offend honor, human dignity and prestige or cause gender discrimination or damage to property of other individual, organization or agency.

4. Obstruct, threaten or victimize the applicant or provider of information.

Article 12. Access to information request fees

1. Information is provided free of charge for citizens, except for other cases of fee collection as regulated by law.

2. The applicant for the provision of information must pay fees actually incurred from printing, duplication, photocopying and sending information.

Minister of Finance shall promulgate detailed regulations on fee levels as mentioned in this clause.

Article 13. Supervision of the guarantee of the right of access to information

1. The National Assembly shall conduct the supreme supervision of the guarantee of the citizens’ right of access to information.

2. The people’s council shall supervise the guarantee of the right of access to information for citizens residing in its region; consider reports made by same-level people’s committee on the exercise of the right of access to information by citizens residing in such region.

3. The Vietnamese Fatherland Front and its affiliated agencies shall conduct the social supervision of the guarantee of the citizens’ right of access to information.

Article 14. Complaint, filing lawsuit and denunciation

1. The applicant for the provision of information is entitled to complain or file a lawsuit against the competent state agency or the information provider regulated in Article 9 of this Law.

2. Citizens are entitled to denounce against acts in violation of the access to information law.

3. The complaint, filing lawsuit or denunciation against acts in violation of the access to information law must be carried out in compliance with the law on complaint and denunciation and the law on administrative procedures.

Article 15. Taking action against violations

1. Persons who commit acts of violation against the access to information law shall, depending on the nature and severity of their violations, be disciplined or face administrative penalties or criminal prosecution as regulated.

2. If the information provider commits any of prohibited acts stated in Article 11 of this Law and causes damage, the state agency in charge of providing information must provide compensation and the individual who has such act of violation must assume reimbursement liability as regulated by the law on state compensation liability.

3. Persons who exercise the right of access to information and use provided information to cause adverse influence on lawful rights and interests of other agencies, organizations or individuals have to incur liability as regulated by the law.

Article 16. Enforcement of access to information law

This law shall apply to the access to information by citizens. Provisions on the access to information regulated in other laws may apply provided that they must be in conformity with regulations in Article 3 of this Law.