A draft law on access to information requires government agencies to allow the public to gain easy access to information as a right.

The law, if passed, would lay the groundwork for excercising residents’ democratic rights, said Minister of Justice Ha Hung Cuong, who presented the draft law at the ongoing meeting of the National Assembly (NA) in Hanoi yesterday.

Cuong said Vietnamese citizens have yet to have full access to information at State agencies. This has led to misinformation, which has in turn left negative impact on social order and stability. 

State agencies tend to avoid giving information in a timely and transparent manner at the expense of businesses, individuals and domestic and foreign investors.

The draft compels State agencies to be responsible for assigning staff to receive information from and providing it for the public. They would also have to make lists of available information and supply information on request.

In addition, State agencies must check, categorize and ensure confidentiality of information before disseminating it.   

The draft also stipulates that information must be announced to the public while forms and schedules for the provision of information should be made clear to enhance responsibilities of State agencies and reduce costs for residents and businesses. 

On the other hand, the draft has regulations dealing with misinformation to avoid causing bad impact on society.

In case State agencies detect unofficial or wrong information which affects social order and safety, agencies concerned must inform the public in a timely way. If State agencies give different information about a certain matter, they must guarantee the accuracy of their information.

Notably, the draft regulates the provision of information on request. If State agencies refuse to give information on request, they must give clear explanations. To ensure confidentiality of information that must be kept secret in line with the current regulations, the draft stipulates responsibilities of agencies for checking information before providing it. 

The NA Legal Committee said the right to access information is important. It helps ensure the Government’s transparency and management efficiency, and monitor State agencies and employees.

However, the draft must ensure that Vietnamese citizens can access information in line with the Constitution. On the other hand, it has to make sure that legitimate rights of other individuals, organizations and agencies are not affected in the information era.

There is debate over what entities are responsible for providing information. According to the Government, those entities are legislature, law enforcement agencies, courts, prosecution and auditing agencies. 

However, many said other entities namely socio-political organizations, public service units and State-owned enterprises should be taken into account so that citizens can access necessary information to protect their legitimate rights and interests.

SGT