Chương II Luật tiếp cận thông tin 2016: Công khai thông tin

Chapter II

INFORMATION DISCLOSURE

Article 17. Information subject to mandatory disclosure

1. The following types of information must be disclosed publicly:

a) 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;

b) Information regarding the dissemination and guidance on the implementation of laws and policies in sectors under the state management;

c) 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;

d) 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;

dd) 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;

e) 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;

g) 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;

h) 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;

i) 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;

k) 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;

l) 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;

m) The list of types of information subject to mandatory disclosure as regulated in Point b Clause 1 Article 34 of this Law; name, address, telephone number, fax number and email address of the state agency or the official in charge of receiving information requests;

n) Information concerning public interests and community health;

o) Information concerning taxes, fees and charges;

p) Other information that must be disclosed as regulated by the law.

2. Apart from types of information prescribed in Clause 1 of this Article, state agencies shall, depending on actual conditions, actively disclose other information that they generate or manage.

Article 18. Methods and time of information disclosure

1. Methods of information disclosure consist of:

a) Post information on portals and websites of state agencies;

b) Provide information via the mass media;

c) Post information on Official Gazettes;

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

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

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

2. 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.

3. Apart from the methods of information disclosure regulated in Clause 1 of this Article, 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.

4. 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 19. Posting information on portals and websites

1. Among types of information stated in Article 17 of this Law, the following types of information must be posted on portals and websites:

a) 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;

b) Information regarding the dissemination and guidance on the implementation of laws and policies in sectors under the state management;

c) 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;

d) 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;

dd) Information about functions, tasks, powers and organization structure of state agencies and their affiliated units; address, telephone number, fax number and email address of the state agency or the official in charge of receiving information requests;

e) Annual financial statements; information about the statistics on sectors under the state management; information about lists of scientific programs/topics and results thereof;

g) List of types of information subject to mandatory disclosure which includes address, methods, time and period of disclosure for each type of information;

h) Information which is considered as necessary for public interests and community health;

i) Other information that must be posted on portals and websites as regulated by law.

2. Posting information on portals and websites in provinces or central-affiliated cities shall comply with information application plans of provincial people’s committees.

3. State agencies in charge of providing information as regulated in this law shall retain records and documents inputted into the list of information subject to mandatory disclosure and arrange them under methods or forms convenient for ensuring the right of access to information for citizens; ensuring that information may be stored electronically, must be digitized for an appropriate period and open access, which means that all information is available to everyone. In addition, state agencies must connect with the nationwide electronic network in order that citizens may easily access to information by different systems.

4. 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.

5. Apart from types of information prescribed in Clause 1 of this Article, state agencies shall, depending on their actual conditions, actively post other information that they generate on their portals and websites.

6. In case state agencies do not yet establish their own portals and websites, they shall, depending on their actual conditions, disclose all information regulated in Clause 1 of this Article in other appropriate methods.

Article 20. Providing information via the mass media

1. State agencies in charge of providing information must provide mass media agencies in sufficient, accurate and timely manner with types of information which must be released via the mass media as regulated by the law.

2. Publication or broadcasting of information in the press shall comply with regulations of the press law. Mass media agencies must publish or broadcast information in a sufficient, accurate and timely manner.

Article 21. Posting information on official gazettes and in the notice form

1. The disclosure of information by posting it on official gazettes and publishing must be carried out in conformity with the law.

2. With regard to information which is disclosed in the notice form, if the location and period of posting information in the notice form are not regulated by the law, such information must be publicly posted at heads offices of state agencies or community areas within at least 30 days.

Article 22. Taking action against disclosure of inaccurate information

1. If the state agency finds that the information which it generates and discloses is inaccurate, it must correct such inaccurate information and disclose the corrected information in a timely manner.

2. If the state agency finds that the information which it discloses but is generated by another state agency is inaccurate, the information-disclosing agency must correct such inaccurate information and disclose corrected information in a timely manner.

3. If the state agency finds that the information which it generates but is disclosed by another state agency is inaccurate, it must request the information-disclosing agency to correct inaccurate information and disclose corrected information in a timely manner.

4. In case citizens believe that disclosed information is inaccurate, they must request the agency disclosing such information to correct it. Within 15 days as of the receipt of request for correcting disclosed information, the information-disclosing agency shall check the accuracy of such information and respond to citizens' request in writing. If the information-disclosing agency determines that the disclosed information is actually inaccurate as reported, it must correct such information and disclose corrected information in a timely manner.

5. Inaccurate information is disclosed in which method of information disclosure shall be corrected and re-disclosed in that method of information disclosure.