B1.1.1. Provisions of policies, laws and regulations on access to information

Viet Nam has in place clear policies, mandates and procedures that support access to information and transparency, including related to REDD+.

In Viet Nam, access to information is defined as the reading, watching, listening, reproduction and photocopying of information, including details and data that are contained in existing documents and papers and stored in any forms such as writings, printouts, electronic texts, pictures, photos, drawings, tapes, disks, video recordings, audio recordings or in other forms produced by state agencies.[1] Information is to be freely accessible to citizens, except for information that is explicitly characterised as inaccessible or subjected to certain conditions.[2] Access to information includes both the disclosure of information to the general public as well as the provision of information upon request.[3]

The right to access to information is recognized in Viet Nam's Constitution (2013),[4] the Law on Access to Information (2016)[5] and related documents including Government Decree No. 13/2018/ND-CP.[6] The Law on Access to Information (2016) recognizes the citizen's right to access information, principles, order, and procedures for exercising this right and the responsibilities and obligations of state agencies in ensuring this right to all citizens including how they should provide information following a request. All citizens are equal, without discrimination in exercising the right to access information. In addition, people may freely access information that is disclosed publicly or may request access to most information through submission of a form. State agencies responsible for information provision have instructions on the updating and disclosure of information for which they are responsible. Some information is explicitly characterized as inaccessible or subjected to certain conditions.

The Law on Anti-Corruption (2018)[7] stipulates the principle of publicity and transparency: agencies, organizations, and units must publicly and transparently disclose information about their organizations and operations, except for contents of state secrets, business secrets, and other contents as prescribed by law. The publicity and transparency must ensure accuracy, clarity, completeness, and timeliness in accordance with the order and procedures prescribed by competent agencies, organizations, and units. Forms of information disclosure include meetings, posting at the headquarters of the agency, written notices, publications, announcements on the mass media, posting on electronic portals, websites, holding press conferences, and providing information at the request of agencies, organizations, units, and individuals.

Citizens have a right to complain if access to information is refused according to the provisions of the Law on Complaints (2011).[8] Citizens have the right to publicize information and request the provision of complete, accurate, and timely information in accordance with the Law on Implementing Grassroots Democracy (2022).[9] It stipulates the time to disclose information as 5 working days from the date of issuance of a decision or document of a competent authority on the content to be disclosed. The time for publicly posting information is at least 30 consecutive days from the date of listing, unless otherwise provided for by law and publicity on the radio system of the commune for at least 3 consecutive days.

In the forest sector, forestry activities must ensure publicity, transparency, and the participation of relevant organizations, households, individuals and communities in forestry activities.[10] Decree No. 107/2022/ND-CP also stipulates mandatory financial disclosure for the Viet Nam Forest Protection and Development Fund (VNFF) and its partners in accordance with relevant laws. Provincial VNFFs and forest owners must also publicize the list of beneficiaries in the form of public posting at the headquarters of the Commune People's Committees, and the website of the relevant agency.

 

[1] Law on Access to Information (2016), Article 2 (1,3)

[2] Law on Access to Information (2016), Articles 5, 6 & 7

[3] Law on Access to Information (2016), Chapter II (disclosure of information) and Chapter III (provision of information upon request)

[4] The Constitution of Viet Nam (2013), Article 25

[5] Law on Access to Information (2016)

[6] Decree No. 13/2018/ND-CP regulating detailed provisions and measures for implementation of the Law on Access to Information (2016) (Article 2)

[7] Law on Anti-Corruption (2018) and related documents including Decree No. 59/2019/ND-CP on regulation detailing some articles and measures for implementation of the Law for Anti-Corruption (chapters 8 and 9)

[8] Law on Complaints (2011), Articles 14 & 15

[9] Law on Implementing Grassroots Democracy (2023)

[10] Law on Forestry (2017), Article 3