Chương IV Luật tiếp cận thông tin 2016: Trách nhiệm bảo đảm thực hiện quyền tiếp cận thông tin của công dân

Chapter IV

RESPONSIBILITIES FOR ENSURING THE EXERCISE OF RIGHT OF ACCESS TO INFORMATION FOR CITIZENS

Article 33. Methods for ensuring the exercises of citizens’ right of access to information

1. Improve the capacity and professional skills of officials who are assigned to provide information in ensuring citizens’ right of access to information.

2. Set up and maintain portals and websites; set up and maintain database containing information which must be provided by state agencies as regulated by the Government.

3. Step up the provision of information via activities of spokespersons of state agencies and via the mass media.

4. Define units and individuals that take prime responsibility for providing information.

5. Reasonably arrange places for receiving and providing information to citizens in consistent with actual conditions of each agency.

6. Strengthen records, archives and statistical affairs; equip with technical and information technology facilities and other necessary conditions in order that applicants for information may directly read, watch, listen, write, duplicate and make photocopies of documents at head offices of state agencies and via electronic network.

Article 34. Duties of information-providing agencies to ensure the exercise of right of access to information

1. State agencies in charge of information regulated in Article 9 of this Law shall discharge the following duties:

a) Disclose and provide information in a timely, accurate and sufficient manner. Information-providing agencies must correct or supplement information if they discover that their provided information is inaccurate or insufficient.

b) Actively set up, update and disclose lists of information subject to mandatory disclosure and upload such lists on websites and portals of information-providing agencies; frequently update and disclose information in conformity with time, period and methods mentioned in lists of information subject to mandatory disclosure;

c) Maintain, retain and update database containing information that must be provided for ensuring that information is systemized to facilitate the retrieval and provide in a sufficient and timely manner;

d) Ensure the accuracy and sufficiency of information. Transmission of information between data systems must comply with the law.

dd) Provide guidance on techniques of methods and procedures of information security, and protecting information management systems;

e) Check, classify, examine and ensure the secret of information before it is provided;

g) Carefully consider interests of the provision of information for disclosing or providing it upon request for the purpose of ensuring public interests and community health;

h) Promulgate and announce internal regulations on the organization of the provision of information within the ambit of tasks of an information-providing agency with the following main contents: defining the unit in charge of providing information; transmission of information between the information-generating unit and the unit in charge of providing information; determining information that may be provided and that is not allowed to provide; updating information disclosed and provided upon request; procedures for responding to request for information between the unit in charge of providing information and the unit in charge of managing database containing such information and relevant units;

i) Re-examine regulations of laws on access to information within the ambit of functions, tasks and powers of information-providing agencies in order to request competent state agencies to make amendments or supplements to such regulations in conformity with this Law;

k) Handle complaints and denunciation, and take action against violations of the access to information as regulated by laws;

l) Submit reports at request of competent state agencies on the guarantee of citizens’ right of access to information at information-providing agencies.

2. The head of the unit in charge of providing information shall ensure the fulfillment of the provision of information within the ambit of its agency's tasks and take action against acts of obstructing the citizens' right of access to information intra vires.

3. The official who is assigned to provide information shall provide information to citizens in a timely and sufficient manner. Harassing or making obstruction or difficulty during the performance of assigned duties is strictly prohibited.

Article 35. Responsibilities of the Government, ministries, ministerial-level agencies, Government-affiliated agencies and people’s committees at all levels to ensure the exercise of right of access to information

1. The Government shall conduct the consistent state management of ensuring the exercise of citizens’ right of access to information and perform the following duties and rights:

a) Promulgate, within its competence, or request the competent state agencies to promulgate, amend or supplement and perfect laws on access to information;

b) Promulgate regulations on methods of facilitating the disabled and residents in border regions, islands, mountainous regions, areas faced to extremely difficult social and economic conditions in exercising the right of access to information;

c) Carry out methods of disseminating knowledge and improving awareness on rights and duties of agencies, units, officials, public employees and citizens in exercising the right of access to information;

d) Provide guidance on exercises of the right of access to information to agencies, units and citizens;

dd) Inspect the compliance with the law, and take action against acts of violating the law on access to information;

e) Provide guidance on techniques of methods and procedures for retaining information and protecting information management systems;

g) Monitor, expedite and inspect the exercise of the citizens’ right of access to information.

2. Ministries, ministerial-level agencies and the Government-affiliated agencies shall, within the ambit of their functions and tasks, discharge duties stated in Point a, c, d, dd and g Clause 1 of this Article.

3. The Ministry of Information and Communications shall assist the Government in performing its duties state in point e Clause 1 of this Article.

4. The Ministry of Justice shall assist the Government in monitoring the enforcement of this law.

5. Provincial people’s committees shall conduct the state management in their provinces and use methods of ensuring the citizens’ right of access to information as guided by the Government.

6. State agencies shall, depending on their actual conditions, facilitate applicants for information in directly reading, watching, listening, writing, duplicating or making photocopies of documents containing their requested information at their head offices; equip tables of information or other equipment to disclose information.