Introducing the law, Deputy Minister of Justice Dang Hoang Oanh said the revised legislation contains four chapters and 31 articles and will take effect on September 1.

The law further institutionalizes several major policy directions, including adjustments to the scope and responsibilities for information disclosure by local authorities in line with administrative restructuring and newly organized governance models.

Under the revised law, commune-level People’s Committees are responsible for providing information they create themselves but are not required to disclose information received from other agencies, except in certain cases.

The regulation is intended to ensure practicality and administrative feasibility amid the expanding functions and responsibilities of commune-level governments.

Provincial and commune authorities will proactively designate information focal points.

Expanded categories of publicly disclosed information

The revised law also broadens the categories of information that must be publicly disclosed by adding important groups of information directly linked to citizens’ daily lives, production and business activities.

At the same time, the law clearly distinguishes between information citizens are allowed to access, information they are prohibited from accessing and information accessible only under certain conditions.

According to officials, the revisions are intended to balance citizens’ right to access information with the need to protect state secrets, national security and personal data.

Information classified as state secrets under laws governing state secrecy protection remains inaccessible to the public.

Once such information is declassified, citizens may access it in accordance with the law.

Information related to private life, personal secrets, family secrets as defined under civil law and personal data protected under personal data protection laws are also classified as inaccessible information.

However, such information may be accessed with the consent of the individual concerned or, in the case of family secrets, with the agreement of family members.

Trade secrets protected under intellectual property laws are likewise inaccessible unless the owner of the trade secret consents to disclosure.

Citizens are also prohibited from accessing information if its disclosure could harm state interests or negatively affect national defense, national security, foreign affairs, social order, public safety, social morality or public health.

The determination of whether information falls into these categories will follow relevant legal provisions.

In cases where regulations remain unclear, the head of the relevant agency or organization will be responsible for deciding whether information can be disclosed based on practical circumstances.

Internal government information also restricted

The revised law further specifies that information classified as work-related confidential material by agencies or organizations under existing legal provisions is not accessible to the public.

Internal meeting records and documents drafted for internal operations are also categorized as inaccessible information.

Tran Thuong