Decree No. 13/2018/ND-CP detailing and guiding the implementation of the Law on Access to Information

DECREE

Detailed regulations and implementation measures
Law on Access to Information

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Access to Information dated April 6, 2016;

At the proposal of the Minister of Justice;

The Government promulgates this Decree to provide detailed regulations and implementation measures for the Law on Access to Information.

Article 1. Scope of Regulation and Applicability

1. This Decree provides detailed regulations on point b, Clause 1, Article 35 regarding measures to facilitate persons with disabilities, residents in border areas, islands, mountainous regions, and areas with particularly difficult socio-economic conditions in exercising their right to access information; Clause 2, Article 36 concerning citizens' access to information through organizations, associations, and enterprises; Clause 4, Article 24 on the model form for requesting information and implementation measures for the Law on Access to Information.

2. This Decree applies to individuals, agencies, and organizations related to the provision of information as stipulated by the Law on Access to Information.

Article 2. Measures to Facilitate Residents in Border Areas, Islands, Mountainous Regions, and Areas with Particularly Difficult Socio-Economic Conditions in Exercising Their Right to Access Information

1. The provision of information shall be carried out through various forms suitable for the objects and conditions in border areas, islands, mountainous regions, and areas with particularly difficult socio-economic conditions, including:

a) Through the electronic portal and websites of state agencies (if available);

b) Through central and local radio and television systems and other local broadcasting systems; ethnic language radio and television programs and other mass media at the local level;

c) Development of special topic materials, leaflets, publications; where necessary and feasible, such materials may be provided in ethnic languages;

d) Organization of specialized meetings and community activities to share information with citizens; sharing experiences on information provision activities in border areas, islands, mountainous regions, and areas with particularly difficult socio-economic conditions;

đ) Integration of information provision activities into cultural-political events of agencies and localities, in plans for popularizing and educating the public about laws and disseminating new policies of state agencies in the area;

e) Increasing broadcast time for news related to mechanisms and policies for residents in border areas, islands, mountainous regions, and areas with particularly difficult socio-economic conditions.

2. Based on the type of information and the target audience, state agencies in the area shall decide to select one or more of the widely publicized information provision forms specified in Clause 1 of this Article or other appropriate forms in accordance with the recipients' ability to access information.

3. Information-providing agencies must ensure that the forms of information provision comply with the requirements suitable for the recipients' ability to access information and the actual conditions of the agency; arrange staff to guide and explain to the information requesters; enhance information provision and facilitate citizens' access to information through images, videos, and other audio-visual means.

4. State agencies shall create favorable conditions and encourage businesses, organizations, and individuals to research and apply scientific and technological advancements in building public information systems; upgrade and invest in specialized equipment to serve the information provision activities of state agencies in border areas, islands, mountainous regions, and areas with particularly difficult socio-economic conditions in accordance with relevant laws.

Article 3. Measures to create favorable conditions for persons with disabilities to exercise their right to access information

1. Information directly related to the life, daily activities, production, and business of persons with disabilities must be promptly published publicly on mass media in forms that facilitate the provision of information to persons with disabilities.

2. Based on actual conditions, state agencies shall establish electronic information portals and websites of their own agencies, which include basic functions to support persons with disabilities in accessing and using information technology and communication for accessing information posted on electronic information portals and websites.

3. Information providers ensure forms of information provision appropriate to the accessibility needs of the person requesting information and the actual conditions of the agency; arrange listening and viewing devices and auxiliary equipment suitable for the type and degree of disability of the person requesting information and suitable for the practical conditions of the agency; facilitate the use of listening and viewing devices, auxiliary equipment, and other technical means of the individual by the person requesting information to access information according to their requirements.

4. Information providers assign staff members to guide, explain, and assist persons with disabilities who encounter difficulties in filling out Request Forms, signing Request Forms for information provision, or have difficulties in accessing information.

5. Incorporate knowledge and experience in providing information to persons with disabilities into training programs aimed at enhancing professional skills and expertise for focal units and focal staff members responsible for information provision within agencies.

6. Prioritize the provision of information to persons with disabilities in accordance with laws on information access and laws on persons with disabilities.

Article 4. Provision of information upon request for citizens through organizations, associations, and enterprises

1. The request for information provision by citizens through organizations, associations, and enterprises (hereinafter referred to collectively as organizations) shall be carried out when many people within the organization have the same request for similar information. The organization requesting information provision has the responsibility to appoint a representative to carry out the request for information provision.

2. The representative is responsible for compiling a list of individuals with the same request for similar information, submitting the Request Form for Information Provision along with the list of those requesting information to the agency responsible for information provision, and implementing the request for information provision in accordance with regulations.

The list of individuals requesting information must contain the following complete contents: Name; identification card number, citizen identity card number, or passport number, and the reason and purpose for each individual's request.

3. The procedures and formalities for providing information upon request for citizens through organizations are implemented in accordance with Chapter III of the Law on Access to Information.

Article 5. Sample forms used in information provision upon request

1. The sample forms used in information provision upon request attached to this Decree include:

a) Information Request Form: Form No. 01a or Form No. 01b;

b) Information Request Reception Form: Form No. 02;

c) Information Request Resolution Form: Form No. 03;

d) Extension Request Notification Form: Form No. 04;

e) Refusal Request Notification Form: Form No. 05.

2. In cases where the request for information is stipulated in Clause 1 and Clause 2 of Article 7 of the Law on Access to Information, it must be accompanied by a consent document from the relevant individual or organization. The model consent document from the relevant individual or organization is implemented according to Form No. 06 attached to this Decree.

Article 6. Establishing, Classifying, and Updating Information Lists

1. The lead unit providing information of the information-providing agency or the lead department or individual acting as the lead (in cases where the information-providing agency does not designate a lead unit to provide information) shall establish and update the List of information that must be disclosed according to Article 17 of the Law on Access to Information and the List of citizen-accessible information subject to conditions according to Article 7 of the Law on Access to Information.

2. The main unit creating information of the information-providing agency shall determine the information belonging to the List of information that must be disclosed according to Article 17 of the Law on Access to Information and the List of citizen-accessible information subject to conditions according to Article 7 of the Law on Access to Information and transfer it to the lead unit providing information.

3. The List of information that must be disclosed includes the following contents: name, number, symbol of documents, files, materials; date of creation of documents, files, materials along with the form of information disclosure, time, and duration of information disclosure (if applicable). The List of information that must be disclosed must be regularly updated according to the regulations of the agency.

In cases where information is being disclosed at different databases or posted on the Electronic Information Portal, Electronic Information Website, the List of information that must be disclosed must include instructions for accessing addresses to download information. If the information has been digitized but not yet disclosed on the Electronic Information Portal, Electronic Information Website, it must be attached to the List of information that must be disclosed.

The List of information that must be disclosed shall be published on the section dedicated to information access on the Electronic Information Portal, Electronic Information Website of the agency responsible for providing information. For agencies without an Electronic Information Portal, Electronic Information Website, the List of information that must be disclosed must be posted at the agency's headquarters or other forms of disclosure convenient for citizens to access information.

Article 7. Reviewing, Checking, and Ensuring the Confidentiality of Information Before Providing

1. The main unit creating information of the information-providing agency shall review, check, and determine the content of information in files, materials belonging to information that citizens cannot access, information that citizens can access under conditions as stipulated in Article 6 and Article 7 of the Law on Access to Information before transferring to the lead unit providing information.

2. The lead unit providing information of the information-providing agency or the lead department or individual acting as the lead (in cases where the information-providing agency does not designate a lead unit to provide information) shall check and remove the contents of information specified in Clause 1 of this Article before providing.

Article 8. Responsibilities of the Lead Unit Providing Information

1. Assign personnel to act as the lead unit providing information to implement information provision according to the provisions of the Law on Access to Information.

2. Receive and process citizens' requests for information provision; take the lead and coordinate with related units to handle requests for information provision and provide information to citizens as requested.

3. Explain, guide, and notify citizens to exercise their right to access information according to the correct procedures and formalities; guide and assist requesters to clearly identify files, materials, names of documents containing the sought information to fill out the Request Form for Information Provision accurately.

4. Receive and respond to or coordinate with related units to respond to reflections, suggestions, complaints, and denunciations from organizations and citizens regarding the agency's information provision according to relevant laws; propose recommendations to the agency head on issues arising during the handling of citizens' requests for information provision.

5. Monitor and urge the resolution of citizens' requests for information provision; compile the situation and results of information provision within the scope of the agency's responsibility; report periodically and urgently to the agency head responsible for information provision.

6. Arrange civil servants to guide, explain, and assist illiterate people, disabled individuals, and others facing difficulties in filling out the Request Form, signing the Request Form for Information Provision; if the requester is unable to write the Request Form, assist in filling out the Request Form for Information Provision.

Article 9. Provision of technical equipment and material infrastructure for information provision

1. The head of the agency providing information and the head of the unit entrusted with the main responsibility for providing information shall be responsible for arranging places to receive and process requests for information provision, technical means, equipment, and other necessary material infrastructure to serve the provision of information.

2. The head of the agency providing information shall be responsible for:

a) Arranging reading, listening, viewing, recording, copying, photographing locations for direct information provision at the agency's headquarters;

b) Arranging equipment at the agency's headquarters suitable for the form of information provision, creating favorable conditions for citizens' access to information;

c) Using measures to enhance information provision and facilitate citizens' access to information through images, videos, and other audiovisual means;

d) Permitting individuals requesting information to use their personal mobile phones and other technical means to copy and photograph documents, files, and materials.

Article 10. Application of Information Technology in Information Provision

1. The head of the agency providing information ensures technical measures to apply information technology in information provision; organizes digitization, uses information technology techniques in managing electronic documents, managing information, and tracking information provision through the Record of Information Provision Requests in paper or electronic format to ensure convenient, timely, and easy access to information for citizens.

2. Depending on actual circumstances, digital signatures may be used in cases of notification of refusal, extension, and notification regarding the handling of requests for information access when citizens request information through the internet.

Article 11. Construction of Access to Information Sections on Electronic Portals and Websites

1. The agency providing information is responsible for constructing an Access to Information Section on its electronic portal and website to publish the list of information that must be disclosed, information about the main contact point for providing information to citizens, addresses for receiving information provision requests via the internet, and receiving feedback, suggestions, complaints, and denunciations from citizens regarding information access; forms used in information provision; guidelines and documents to support those requesting information; access addresses to download information (if available).

2. Units responsible for the database of the agency have the responsibility to maintain, store, update information in the database, and connect it to the Access to Information Section to facilitate citizen access to information.

Article 12. Organization of Implementation of Measures to Ensure Enforcement, Monitoring, Urging, and Reporting on Citizens' Right to Access Information

1. The agency providing information fully implements measures and responsibilities to ensure citizens' right to access information as stipulated in Articles 33 and 34 of the Law on Access to Information and enforcement measures prescribed in this Decree; promptly promulgates the Regulation on Information Provision of the agency as stipulated in Point h Clause 1 of Article 34 of the Law on Access to Information, which assigns tasks and responsibilities to units, officials, and civil servants as main points of contact for information provision according to the scope and volume of information provided by the agency and each unit.

2. The Ministry of Justice is responsible for guiding, monitoring, urging, and inspecting ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees on information provision, the situation of information provision by agencies, and performing specific tasks as follows:

a) Building and issuing guidance documents to ensure citizens' right to access information;

b) Monitoring, urging, guiding, and inspecting administrative agencies' information provision from central to local levels;

c) Summarizing the situation of information provision to report to the Government; The Prime Minister.

3. Ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees are responsible for summarizing the situation of information provision within their jurisdiction, reporting periodically every three years or urgently to the Ministry of Justice.

4. The content of the report on the implementation of citizens' right to access information must clearly state:

a) The situation of information disclosure and provision upon request at the agency;

b) The number of information provision requests received; the number of information provision requests resolved; the number of information provision requests refused; the number of complaints and lawsuits resolved (if any);

c) Difficulties and obstacles encountered in information provision by the agency;

d) Recommendations for necessary measures to ensure the implementation of citizens' right to access information.

Article 13. Funding to ensure the right to access information and costs for accessing information

Clause 1. The funding for providing information by state agencies shall be guaranteed by the state budget.

Clause 2. The cost of accessing information must be prepaid by the person requesting the information before it is provided and must be paid into the state budget.

Article 14. Effective Date

1. This Decree takes effect from July 1, 2018.

Clause 2. Access to information created before July 1, 2018 shall continue to be implemented according to the provisions of laws regulating access to information issued prior to the effective date of the Law on Access to Information and must comply with the provisions of Article 3 of this Law.

Article 15. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and related agencies, organizations, and individuals are responsible for implementing this Decree./.