Law on Access to Information No. 104/2016/QH13

LAW

ACCESS TO INFORMATION

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Access to Information.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the implementation of citizens' right to access information, principles, procedures, and processes for implementing the right to access information, responsibilities, and obligations of state agencies in ensuring citizens' right to access information.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Information Information created by state agencies

2. is data contained in documents, files, materials that exist in written, printed, electronic form, drawings, photographs, diagrams, tapes, discs, recordings, audio records, or other forms created by state agencies. Information created by state agencies

3. is data generated during the performance of state agencies' functions, tasks, and powers as prescribed by law, signed, stamped, or confirmed in writing by authorized officials of those state agencies. Access to information

is the act of reading, viewing, listening, recording, copying, photographing information.4. Provision of information

Article 3. Principles for Ensuring Citizens' Right to Access Information

1. All citizens are equal and shall not be discriminated against in exercising their right to access information.

2. Provided information must be accurate and complete.

3. The provision of information must be timely, transparent, and convenient for citizens; it must comply with the procedures and formalities prescribed by law.

4. Limitations on the right to access information must be established by law in necessary cases due to national defense, national security, social order, social safety, social morality, and community health.

5. The exercise of the right to access information by citizens shall not infringe upon national interests, ethnic interests, or the lawful rights and interests of agencies, organizations, or individuals.

6. The State shall create favorable conditions for persons with disabilities, residents in border areas, islands, mountainous regions, and areas with particularly difficult socio-economic conditions to exercise their right to access information.

Article 4. Subjects Exercising the Right to Access Information

1. Citizens shall exercise their right to access information in accordance with this Law.

2. Persons who have lost their capacity for civil acts shall request the provision of information through their legal representatives.

Persons with difficulties in understanding and controlling their behavior shall request the provision of information through their guardians.

3. Individuals under 18 years old shall request the provision of information through their legal representatives, except where otherwise provided by laws on children and other relevant laws.

Article 5. Information That Citizens May Access

Citizens may access information from state agencies, except for information that cannot be accessed as specified in Article 6 of this Law; they may access such information subject to certain conditions as specified in Article 7 of this Law.

Article 6. Information That Citizens Cannot Access

1. Information classified as state secrets, including important information in fields such as politics, national defense, national security, foreign relations, economy, science, technology, and other fields as prescribed by law.

When state secret information is declassified, citizens may access it according to this Law.

Article 7. Conditional Access to Citizen Information

1. Business secrets-related information may be accessed when the owner of such business secrets consents.

2. Personal life privacy-related and personal secret-related information may be accessed when the individual consents; family secret-related information may be accessed when all family members consent.

3. During the performance of their functions, duties, and powers, heads of state agencies decide on providing business secrets-related, personal life privacy-related, personal secret-related, and family secret-related information when necessary for public interest and community health according to relevant laws without requiring consent as stipulated in Clause 1 and Clause 2 of this Article.

Article 8. Rights and Obligations of Citizens in Accessing Information

1. Citizens have the right:

a) To be provided with complete, accurate, and timely information;

b) To lodge complaints, initiate lawsuits, and report violations of laws related to accessing information.

2. Citizens have the obligation:

a) To comply with laws related to accessing information;

b) Not to distort the content of the provided information;

c) Not to infringe upon the rights and legitimate interests of agencies, organizations, or other individuals while exercising the right to access information.

Article 9. Scope and Responsibility for Providing Information

1. State agencies are responsible for providing information created by themselves, except as provided for in Article 6 of this Law; in cases stipulated in Article 7 of this Law, they provide information when conditions are met as prescribed.

People's Committees at the commune level are responsible for providing information created by themselves and information received by them for directly performing their functions, duties, and powers, except as provided for in Article 6 of this Law; in cases stipulated in Article 7 of this Law, they provide information when conditions are met as prescribed.

2. State agencies directly organize the provision of information, except in the following cases:

a) The National Assembly Office is responsible for providing information created by the National Assembly, its agencies, agencies under the Standing Committee of the National Assembly, and the National Election Council, and information created by itself;

b) The President's Office is responsible for providing information created by the President and information created by itself;

c) The Government Office is responsible for providing information created by the Government and the Prime Minister, and information created by itself;

d) The Office of Delegations to the National Assembly is responsible for providing information created by Delegations to the National Assembly and information created by itself;

đ) The People's Council Office at the provincial level is responsible for providing information created by the People's Council, the Standing Committee of the People's Council, and provincial-level People's Council agencies, and information created by itself;

e) The People's Committee Office at the provincial level is responsible for providing information created by the People's Committee and the Chairman of the People's Committee at the provincial level, and information created by itself;

g) The People's Council and People's Committee Office at the district level is responsible for providing information created by the People's Council, the Standing Committee of the People's Council, People's Council agencies, the People's Committee, the Chairman of the People's Committee at the district level, and information created by itself;

h) People's Committees at the commune level are responsible for providing residents within their jurisdiction with information created by themselves and by agencies at their level, and information received by them for directly performing their functions, duties, and powers; they also provide this information to other citizens when it is directly related to their rights and legitimate interests;

i) The Minister of Defense and the Minister of Public Security shall specify the entities responsible for providing information within their organizational systems.

Citizens may access information through the following methods:

1. Free access to information that state agencies have publicly disclosed.

2. Requesting state agencies to provide information.

Article 11. Prohibited Acts

1. Intentionally providing false, incomplete, or delayed information; destroying information; forging information.

2. Providing or using information to oppose the Socialist Republic of Vietnam, undermine policies of unity, incite violence.

3. Providing or using information to insult the honor, dignity, reputation of individuals, causing discrimination based on gender, or causing property damage to individuals, agencies, or organizations.

4. Obstructing, threatening, or retaliating against those requesting or providing information.

Article 12. Costs for Accessing Information

1. Citizens shall not be required to pay fees or charges for receiving information, except where otherwise provided by other laws.

2. The person requesting information must cover actual costs for printing, copying, photographing, and sending the information. The Minister of Finance shall specify this matter in detail.

The Minister of Finance shall specify this matter in detail.

Article 13. Supervision of Ensuring the Right to Access Information

1. The National Assembly exercises supreme supervision over the implementation of citizens' right to access information.

2. People's Councils supervise the implementation of citizens' right to access information at the local level; annually review reports from the People's Committees at the same level regarding the situation of citizens' right to access information within their jurisdiction.

3. The Vietnam Fatherland Front and its member organizations are responsible for social supervision to ensure the implementation of citizens' right to access information.

Article 14. Complaints, Litigation, and Reporting

1. A person requesting information has the right to file complaints or initiate litigation against state agencies or individuals responsible for providing information as stipulated in Article 9 of this Law.

2. Citizens have the right to report violations of laws related to accessing information.

3. Complaints, litigation, and reporting in relation to accessing information shall be carried out in accordance with the provisions of laws on complaints and reporting and administrative litigation procedures.

Any person who violates the provisions of laws on accessing information shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation.

If a person providing information commits any of the acts specified in Article 11 of this Law and causes damage, the state agency providing the information must compensate for the damage, and the individual committing the violation must return according to the provisions of the law on state compensation liability.

If a person exercising the right to access information uses the provided information in a manner that adversely affects the legitimate rights and interests of agencies, organizations, or others, they shall bear responsibility in accordance with the law.

This Law applies generally to citizens' access to information. In cases where other laws provide for accessing information without conflicting with the provisions of Article 3 of this Law, such provisions shall be followed.

Chapter II

PUBLIC INFORMATION

a) Legal normative documents; administrative documents with general applicability; international treaties to which the Socialist Republic of Vietnam is a member, international agreements to which Vietnam is a party; administrative procedures, processes for handling matters by state agencies;

b) Information on popularizing and guiding the implementation of laws, systems, policies concerning areas under the management of state agencies;

c) Draft legal normative documents as prescribed by the law on promulgating legal normative documents; contents and results of public consultations, adoption of people's opinions on issues within the decision-making authority of state agencies as prescribed by law; proposals and draft proposals for establishing, dissolving, merging, dividing administrative units, adjusting administrative boundaries;

d) Strategies, programs, projects, proposals, plans, planning for national and local socio-economic development; sectoral and field planning and methods, results of implementation; annual work programs and plans of state agencies;

đ) Information on the state budget estimate; reports on the implementation of the state budget; final accounts of the state budget; estimates, implementation status, final accounts of the state budget for programs and construction investment projects using state budget funds; budgetary procedures;

e) Information on the allocation, management, and use of official development assistance funds and non-governmental aid funds as prescribed; information on the management and use of relief and social assistance funds; management and use of contributions from the people and various types of funds;

g) Information on the list of public investment projects and procurement programs, management and use of public investment funds, implementation status and results of investment plans, programs, and projects; information on bidding; information on land planning and usage plans; land prices; land recovery; compensation, clearance, resettlement plans related to projects and constructions in the area;

h) Information on state capital investment, management, and use at enterprises; reports evaluating business performance and classification; reports monitoring the disclosure of financial information of enterprises and state agencies representing ownership; information on the organization and activities of state-owned enterprises;

i) Information on products, goods, services that have negative impacts on health and the environment; conclusions from inspections, audits, and supervision related to environmental protection, community health, food safety, labor safety;

k) Information on functions, tasks, authorities, organizational structure of agencies and subordinate units; duties and authorities of officials and civil servants directly handling people's affairs; internal regulations and rules issued by state agencies;

l) Periodic work reports; annual financial reports; statistical information about sectors and fields managed; national databases for sectors and fields; information on recruitment, use, and management of officials, civil servants, and public employees; information on the list and results of scientific programs and topics;

m) List of information that must be disclosed as prescribed in Point b Clause 1 Article 34 of this Law; name, address, phone number, fax number, email address of state agencies or individuals responsible for receiving requests for information provision;

n) Information related to public interest and community health;

o) Information on taxes, fees, and charges;

p) Other information that must be disclosed as prescribed by law.

2. In addition to the information specified in Clause 1 of this Article, state agencies shall proactively disclose other information created or held by themselves based on actual conditions.

Article 18. Forms and Time of Publicizing Information

1. The forms of publicizing information include:

a) Publishing on the electronic portal and website of state agencies;

b) Publicizing through mass media;

c) Publishing in the Official Gazette;

d) Displaying at the headquarters of state agencies and other locations;

đ) Through citizen reception activities, press conferences, press releases, and spokesperson activities of state agencies as prescribed by law;

e) Other convenient forms for citizens determined by the agency responsible for publicizing information.

2. In cases where laws specify the form of publicizing specific information, such provisions shall be applied.

Where laws do not specifically stipulate the form of publicizing information, the state agency responsible for providing information may choose one or more forms of publicizing information as prescribed in Clause 1 of this Article based on actual conditions to ensure that citizens can access the information.

3. For individuals with disabilities, those living in border areas, islands, mountainous regions, and areas with particularly difficult socio-economic conditions, in addition to the forms prescribed in Clause 1 of this Article, state agencies shall determine appropriate forms of publicizing information that suit the ability and conditions for accessing information of citizens.

4. The time of publicizing information in each field shall be carried out according to the relevant laws; in cases where laws have not yet provided for this, state agencies with authority must publicize the information no later than five working days from the date the information is created.

Article 19. Publicizing Information on Electronic Portals and Websites

1. Among the information prescribed in Article 17 of this Law, the following information must be publicized on electronic portals and websites:

a) Legal normative documents; international treaties to which the Socialist Republic of Vietnam is a party, international agreements to which Vietnam is a party; administrative procedures, processes for handling matters by state agencies;

b) Information on popularizing and guiding the implementation of laws, systems, policies concerning areas under the management of state agencies;

c) Strategies, programs, projects, proposals, plans, and development planning for the national and local economy and society; sectoral and field planning and implementation methods and results; annual work programs and plans of state agencies;

d) Information about project and program lists and investment outcomes, procurement, and management and use of public investment funds, sources of borrowed capital;

đ) Information about functions, tasks, powers, organizational structure, and organizational charts of agencies and subordinate units; addresses, phone numbers, fax numbers, email addresses of state agencies, and contact persons for receiving requests for information provision;

e) Annual financial reports; statistical information about sectors and fields under management; information about scientific program and topic lists and their outcomes;

g) Lists of information required to be publicized, specifying the address, form, time, and duration of publicizing for each type of information;

h) Information deemed necessary for the public interest and community health;

i) Other information prescribed by law to be published on electronic portals and websites.

2. The publicizing of information on electronic portals and websites at provincial levels shall be implemented according to the provincial People's Committee's information technology application plan.

3. State agencies responsible for providing information as prescribed in this Law shall retain records and documents entered into the list and classify them in a manner that facilitates citizens' right to access information; ensure that electronically stored information is digitized within an appropriate period and made accessible to everyone; and connect to the nationwide electronic network to facilitate easy access from different systems.

4. The electronic portal and website of a state agency must be linked and integrated with those of its subordinate agencies to update information and facilitate citizens in searching and utilizing information.

5. In addition to the information prescribed in Clause 1 of this Article, based on actual conditions, state agencies proactively publish other information they create on their websites and electronic portals.

6. In cases where state agencies do not yet have electronic portals and websites, based on actual conditions, they shall publicize the information prescribed in Clause 1 of this Article using suitable alternative forms.

Article 20. Disclosure of Information through Mass Media

1. State agencies providing information shall be responsible for timely, fully, and accurately supplying mass media organizations with information that must be disclosed on mass media according to the provisions of the law.

2. The publication and broadcasting of information in the press shall be carried out in accordance with the laws on the press. When publishing or broadcasting information, mass media organizations must ensure the completeness, accuracy, and timeliness of the information.

Article 21. Publication in the Official Gazette, Posting

1. The disclosure of information through the form of publication in the Official Gazette or posting shall be implemented in accordance with the provisions of the law.

2. For information disclosed through the form of posting where the law has not specified the location and duration of posting, such information must be posted at the headquarters of state agencies or community activity locations for a minimum period of 30 days.

Article 22. Handling of Inaccurate Disclosed Information

1. In cases where inaccurate information created by itself and already disclosed is discovered, the agency shall be responsible for promptly correcting and disclosing the corrected information.

2. In cases where inaccurate information created by another agency but disclosed by itself is discovered, the agency that disclosed the information shall be responsible for promptly correcting and disclosing the corrected information.

3. In cases where inaccurate information created by itself but disclosed by another agency is discovered, the agency creating the information shall be responsible for requesting the agency that disclosed the information to promptly correct and disclose the corrected information.

4. If a citizen believes that disclosed information is inaccurate, they may make a suggestion to the agency that disclosed the information. Within the latest 15 days from the date of receiving the suggestion, the agency shall be responsible for checking the accuracy of the information and responding to the citizen; if it is determined that the disclosed information is inaccurate, it must promptly correct and disclose the corrected information.

5. Inaccurate information disclosed through any form must be corrected through that form.

Chapter III

INFORMATION DISCLOSURE UPON REQUEST

Section 1

GENERAL PROVISIONS ON INFORMATION DISCLOSURE UPON REQUEST

Article 23. Information Provided Upon Request

a) Information within the disclosure period but not yet disclosed;

b) Information beyond the disclosure period as prescribed by law;

c) Information currently being disclosed but due to force majeure, the requester cannot access it.

2. Information related to business secrets, private life, personal secrets, family secrets that meet the conditions for provision according to Article 7 of this Law.

3. Information related to the life, activities, production, and business of the person requesting the information, but does not fall under the category of information stipulated in Article 17 of this Law and Clause 2 of this Article.

4. Apart from the information prescribed in Clauses 1, 2, and 3 of this Article, based on their tasks, powers, actual conditions, and capabilities, state agencies may provide other information created or held by themselves.

Article 24. Forms of Requesting Information Provision

1. The requester may request information provision through the following forms:

a) Directly or authorizing another person to come to the office of the state agency to request information provision.

The recipient of the request shall be responsible for guiding the requester to fill in the contents prescribed in Clause 2 of this Article on the Information Provision Request Form.

In case the requester does not know how to write or has disabilities preventing them from writing the request, the recipient of the request shall be responsible for helping to fill in the contents on the Information Provision Request Form.

b) Sending the Information Provision Request Form via electronic network, postal service, or fax to the information-providing agency.

2. The Information Provision Request Form must be in Vietnamese and include the following main contents:

a) Name, place of residence, address; identification card number, citizen identity card number, or passport number of the requester; fax number, telephone number, email address (if available);

b) Information requested to be provided, specifying the name of the document, file, or record;

c) Form of information provision;

d) Reason and purpose for requesting information provision.

3. In cases where the request for information provision is stipulated in Clause 1 and Clause 2 of Article 7 of this Law, it must be accompanied by a written consent from the relevant individual or organization.

4. The Government shall prescribe the model of the Information Provision Request Form.

1. Information provision according to requests shall be carried out through one of the following forms:

a) Directly at the office of the information-providing agency;

b) Via electronic network, postal service, or fax.

2. The state agency receiving the request shall be responsible for providing information in the form requested by the requester, which is suitable with the nature of the requested information and the capability of the agency, except where otherwise provided by law.

Article 26. Receiving Requests for Information Provision

1. State agencies shall be responsible for receiving requests for information provision and recording them in the Register of Information Provision Requests.

2. In case the Information Provision Request Form lacks or is unclear about the contents prescribed in Clause 2 of Article 24 of this Law, the information-providing agency shall be responsible for guiding the requester to supplement the missing or unclear contents.

3. In case the requested information does not fall within the responsibility of the agency receiving the request, the agency must notify and guide the requester to the agency responsible for providing the information.

Article 27. Handling Requests for Information Provision

Upon receiving a valid request for information provision, the state agency shall be responsible for providing information, informing about the deadline, location, and form of information provision; actual costs for printing, copying, photographing, and sending information via postal service or fax (if applicable), and payment methods and deadlines; implementing information provision according to the procedures and formalities prescribed in this Chapter.

Article 28. Refusal to Provide Information

1. The state agency shall refuse to provide information in the following cases:

a) Information prescribed in Article 6 of this Law; information that does not meet the conditions prescribed in Article 7 of this Law;

b) Information that is publicly disclosed according to Article 17 of this Law, except in the case prescribed in Clause 1 of Article 23 of this Law;

c) Information requested that does not fall within the responsibility of the agency;

d) Information that has been provided twice to the same requester, except in cases where the requester has legitimate reasons;

đ) Information requested exceeds the agency's capacity to respond or affects the normal operation of the agency;

e) The requester does not pay the actual costs for printing, copying, photographing, and sending information via postal service or fax.

2. In case of refusal to provide information, the state agency must notify in writing and specify the reasons.

Section 2

PROCEDURES AND FORMALITIES FOR INFORMATION PROVISION ACCORDING TO REQUESTS

Article 29. Procedures for Providing Information Directly at the Office of the Information Provider

1. For simple information that is immediately available, the person requesting the information may directly read, view, listen to, record, copy, photograph documents, or request immediate copies or photographs of the documents.

2. For complex information that is not immediately available and requires collection from various departments within the agency or requires opinions from other agencies, organizations, or units, the agency requested must notify the person requesting to come to the office to read, view, listen to, record, copy, photograph documents, or receive copies or photographs of the documents, or provide a written notice of refusal to provide the information, no later than ten working days from the date of receiving a valid request.

In cases where the requested agency needs additional time to review, search, collect, copy, and process the information provision request, it may extend the deadline but not more than ten working days and must issue a written notice of extension within the information provision period.

Article 30. Procedures for Providing Information via Electronic Network

1. Information provision via electronic network shall be carried out when the following conditions are met:

a) The requested information must be part of an existing file and capable of being transmitted through the electronic network;

b) The state agency has the technical conditions to provide the requested information via the electronic network.

2. Information provision via electronic network shall be carried out in the following ways:

a) Sending attached files via email;

b) Providing a one-time access code;

c) Guiding the address for accessing and downloading the information.

3. For simple information that is immediately available, the agency requested must provide the information no later than three working days from the date of receiving a valid request.

4. For complex information that is not immediately available and requires collection from various departments within the agency or requires opinions from other agencies, organizations, or units, the agency requested must notify in writing about the processing time for the information provision request no later than three working days from the date of receiving a valid request. No later than fifteen working days from the date of receiving a valid request, the agency requested must provide the information or issue a written notice of refusal to provide the information.

In cases where the requested agency needs additional time to review, search, collect, copy, and process the information provision request, it may extend the deadline but not more than fifteen days and must issue a written notice of extension within the information provision period.

Article 31. Procedures for Providing Information via Postal Services, Fax

1. For simple information that is immediately available, the agency requested must provide the information no later than five working days from the date of receiving a valid request.

2. For complex information that is not immediately available and requires collection from various departments within the agency or requires opinions from other agencies, organizations, or units, the agency requested must notify in writing about the processing time for the information provision request no later than three working days from the date of receiving a valid request. No later than fifteen working days from the date of receiving a valid request, the agency requested must provide the information or issue a written notice of refusal to provide the information.

In cases where the requested agency needs additional time to review, search, collect, copy, and process the information provision request, it may extend the deadline but not more than fifteen days and must issue a written notice of extension within the information provision period.

Article 32. Handling inaccurate information provided upon request

1. In case of discovering that the information provided by oneself is inaccurate, the relevant state agency shall correct and provide the information again at the latest within five working days from the date of discovery, except for cases stipulated in Clause 3 of this Article.

2. If the person requesting the provision of information believes that the provided information is inaccurate, they have the right to request the agency that provided the information to provide accurate information.

At the latest within fifteen days from the date of receiving the request, the agency providing the information shall be responsible for determining the accuracy of the information and replying to the requester; if the provided information is inaccurate, it must be corrected and the information provided again, except for cases stipulated in Clause 3 of this Article.

3. In case the People's Committee of communes cannot determine the accuracy of the information they hold, at the latest within five working days from the date of discovery or receipt of the request for provision of information from the requester, the People's Committee of communes must request the agency creating the information to review. At the latest within fifteen days from the date of receipt of the request, the agency creating the information must determine the accuracy of the information and reply to the People's Committee of communes; if the provided information is inaccurate, it must be sent together with the accurate information.

At the latest within three working days from the date of receipt of the reply, the People's Committee of communes must correct the information or notify the requester of the provision of information.

Chapter IV

RESPONSIBILITY FOR ENSURING IMPLEMENTATION

CITIZENS' RIGHT TO ACCESS INFORMATION

Article 33. Measures to ensure the implementation of citizens' right to access information

1. Enhancing the capacity, expertise, and professional skills of individuals assigned the task of providing information to ensure citizens' right to access information.

2. Operating electronic information portals and websites; building and operating databases of information as prescribed by the Government.

3. Increasing the provision of information through the activities of spokespersons of state agencies and mass media.

4. Identifying units and individuals as focal points for providing information.

5. Reasonably arranging places to receive citizens to provide information suitable to the conditions of each agency.

6. Consolidating and improving archiving, statistics work; equipping technical means, information technology, and other necessary conditions so that requesters can directly read, view, listen, record, copy, photograph documents at the offices of state agencies and via the internet.

Article 34. Responsibilities of agencies providing information to ensure the implementation of citizens' right to access information

1. State agencies responsible for providing information as prescribed in Article 9 of this Law shall be responsible for:

a) Publicizing and providing information in a timely, accurate, and complete manner; in case of discovering that the provided information is inaccurate or incomplete, they must correct or supplement the information;

b) Proactively establishing, updating, and publicizing the List of Information Required to be Publicized and posting the List on electronic information portals and websites; regularly updating and publicizing information according to the time, deadline, and form specified in the List of Information Required to be Publicized;

c) Maintaining, retaining, and updating the database of information they are responsible for providing, ensuring that the information is systematic, complete, comprehensive, timely, and easy to search;

d) Ensuring the accuracy and completeness of the information. The transfer of information between data systems shall be carried out in accordance with the provisions of the law;

đ) Providing technical guidance on measures and procedures to protect information and protect information management systems;

e) Reviewing, classifying, inspecting, and ensuring the confidentiality of information before providing it;

g) Promptly considering and balancing the benefits of providing information to publicize information or provide information upon request to ensure public interest and community health;

h) Issuing and publicly announcing internal regulations on organizing the provision of information within their scope of responsibility, including the following main contents: identifying focal points for providing information; the transfer of information from the unit creating it to the focal point providing information; classification of information to be provided and not to be provided; updating publicly disclosed information and information provided upon request; procedures and formalities for processing requests for information between the focal point and the unit responsible for the information database and related units;

i) Reviewing legal provisions related to access to information concerning their functions, tasks, and powers to promptly propose amendments and supplements to competent state agencies to align with this Law;

k) Resolving complaints and grievances, handling violations related to access to information in accordance with the law;

l) Reporting to competent state agencies about the situation of ensuring citizens' right to access information at their own agencies when requested.

2. The head of the unit assigned as the focal point for providing information shall be responsible for ensuring the implementation of the information provision task of their agency, promptly addressing individuals under their management who obstruct citizens' right to access information.

3. Individuals assigned the task of providing information shall be responsible for providing information in a timely and complete manner to citizens; they shall not engage in harassment, obstruction, or difficulties while performing their duties.

Article 35. Responsibilities of the Government, ministries, ministerial-level agencies, government agencies, and People's Committees at all levels in ensuring the implementation of the right to access information

1. The Government shall uniformly manage state administration over work to ensure the implementation of citizens' right to access information and perform the following tasks and powers:

a) Issuing regulations within its authority or proposing competent state agencies to issue, amend, supplement, and perfect laws on access to information;

b) Specifying measures to create favorable conditions for persons with disabilities, people living in border areas, islands, mountainous regions, and areas with particularly difficult socio-economic conditions to exercise their right to access information;

c) Implementing measures to disseminate and educate to raise awareness about rights and responsibilities of agencies, units, officials, civil servants, public employees, and citizens in exercising the right to access information;

d) Guiding agencies, organizations, units, and citizens in implementing the right to access information;

đ) Inspecting, supervising, and handling violations of laws on access to information;

e) Providing technical guidance on measures and procedures for preserving information and information management systems;

g) Monitoring, urging, and inspecting the implementation of measures to ensure citizens' right to access information;

2. Ministries, ministerial-level agencies, and government agencies shall, based on their assigned functions and tasks, be responsible for performing the tasks specified in points a, c, d, đ, and g of Clause 1 of this Article.

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

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

5. Provincial People's Committees shall be responsible for managing state administration in their respective localities and implementing measures to ensure citizens' right to access information according to the Government's guidelines.

6. State agencies shall, based on their actual conditions, create favorable conditions for individuals requesting to read, view, listen, record, copy, and photograph documents at their offices; providing bulletin boards or other equipment to publicly disclose information.

Chapter V

IMPLEMENTING PROVISIONS

Article 36. Provisions on Application

1. Foreigners residing in Vietnam have the right to request provision of information directly related to their rights and obligations. The procedures and formalities for requesting provision of information for foreigners residing in Vietnam shall be applied according to the provisions of Chapter III of this Law.

2. Citizens may request provision of information through organizations, associations, or enterprises they belong to if many members of such organizations, associations, or enterprises have similar requests for information. The Government shall specify detailed regulations on this matter.

The Government shall provide detailed regulations on this matter.

Article 37. Effective Date

This Law shall take effect from July 1, 2018.

The Government and competent state agencies shall specify detailed regulations on the provisions and clauses entrusted in this Law.

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This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th term, the 11th session, on April 6, 2016.