Under the Project of Law on Access to Information implemented by the Governance for Inclusive Growth Program (GIG Project) and the Ministry of Justice in 2015.

Author: Nguyen Hung Quang
Published year: 2015

Abstract:
The right to access information is one of the fundamental rights of citizens as provided for in the Constitution 1992. In the Constitution 2013, this right was reframed as the right of access to information. However, the current legal framework remains inconsistent and lacks synchronization in concretizing the right to information and the right of access to information as stated in these Constitutions.

Therefore, the Assessment on real situation of laws guaranteeing the right to access information of citizens provides a comprehensive assessment of the existing legal provisions that recognize and ensure the citizens’ right of access to information. It also proposes a number of solutions for the development and improvement of legislation to guarantee this right, based on concretizing the provisions of the Constitution 2013 and harmonizing them with international conventions to which Vietnam is a party.

The report aims to clarify the following six (06) key issues:

1. Information and the scope of the right of access to information in Vietnam;
2. Subjects entitled to access information and those responsible for providing it;
3. Types of accessible information;
4. Forms of information provision (public disclosure, provision upon request);
5. Procedures for accessing information: processes for each form of provision;
6. Conditions ensuring access to information.

For the above issues, the report focuses on reviewing the entire existing legal framework and analyzing: (i) types of information; (ii) information providers; (iii) subjects entitled to access; (iv) methods of access; (v) forms of disclosure and provision; (vi) procedures and processes; (vii) guarantee conditions; (viii) access fees; and (ix) references to relevant legal provisions.

Suggested Citation: Nguyen Hung Quang – Project of Law on Access to Information Project, supported by the Governance for Inclusive Growth Program (GIG Project) and the Ministry of Justice, Assessment on real situation of laws guaranteeing the right to access information of citizens, 2015.

NHQuang Support Team: Nguyen Thuy Duong