Circular No. 64/2018/TT-BQP on the implementation of information provision within the Ministry of National Defense

CIRCULAR

Regulations on Providing Information within the Ministry of National Defense

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Pursuant to the Law on Legislative Documents dated June 22, 2015;

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

Pursuant to the Government Decree No. 13/2018/NĐ-CP dated January 23, 2018 detailing and guiding the implementation of the Law on Access to Information;

Pursuant to Decree No. 164/2017/NĐ-CP dated December 30, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense; The Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Office of the Ministry of National Defense;

The Minister of National Defense issues this Circular to regulate the provision of information within the Ministry of National Defense.

Article 1. Scope of Regulation

This Circular regulates the implementation of providing information and the focal points for providing information within the Ministry of National Defense as specified in Point i Clause 2 Article 9 of the Law on Access to Information; responsibilities of agencies, units, and individuals related to the provision of information.

Article 2. Applicability

This Circular applies to agencies and units under the Ministry of National Defense; agencies, units, individuals assigned the task of being focal points for providing information, organizations receiving requests for providing information, and agencies, units, organizations, and individuals related to the provision of information.

Article 3. Principles of Providing Information

Implementation shall be in accordance with Article 3 of the Law on Access to Information and the following principles:

1. Information provided must be created by the head of the agency or unit itself, except for information that cannot be accessed as stipulated in Article 6 of the Law on Access to Information, and conditional-accessible information shall be provided when conditions are met as stipulated in Article 7 of the Law on Access to Information.

2. The provision of information must comply with legal regulations concerning the protection of state secrets, military secrets, and national defense.

3. Ensure accuracy, completeness, and timeliness; follow procedures and formalities prescribed by law; be appropriate to the nature of the requested information and the capacity of the agency or unit.

Article 4. Focal Points for Providing Information upon Request

1. Agencies and units at all levels within the Ministry of National Defense are responsible for organizing the provision of information created by themselves, except for the following cases:

a) The Office of the Ministry of National Defense provides information created by the Minister of National Defense and information created by itself;

b) The Offices of: General Staff, Political Bureau, various general departments; the Offices of: Military Region Command, Military Branch Command, Corps Command, Service Command, Border Guard Command, Coast Guard Command, Ho Chi Minh Mausoleum Protection Command, Hanoi Capital Command, Command 86; the Inspectorate of the Ministry of National Defense, Central Military Court, Central Military Procuracy, academies, and schools directly under the Ministry of National Defense provide information created by their respective heads and information created by themselves.

2. The Command of Ho Chi Minh City, Provincial Military Command, Provincial Border Guard Command, District People's Militia Command, in addition to providing information created by themselves as stipulated in Clause 1 of this Article, also provide information created by the Ministry of National Defense and information created by agencies and units under the Ministry of National Defense that they receive for direct performance of their functions, tasks, and powers, except for cases stipulated in Article 6 of the Law on Access to Information; for cases stipulated in Article 7 of the Law on Access to Information, information shall be provided when conditions are met as stipulated.

Article 5. Locations for Receiving Requests for Provision of Information

1. The reception offices, public reception locations, and places for receiving citizens of agencies and units are the places to receive citizens' requests for information from these agencies and units. Specifically, the Public Reception Office of the Ministry of National Defense in Hanoi is the place to receive citizens' requests for information and implement the provision of information from the Ministry of National Defense, General Staff, Political Bureau, Logistics General Department, Technical General Department, Defense Industry General Department, Inspectorate of the Ministry of National Defense, and subordinate departments of the Ministry of National Defense.

2. The person in charge of public reception offices, public reception locations, and places for receiving citizens of agencies and units is responsible for receiving citizens' requests for information.

Article 6. Information Disclosure Point

1. The Ministry of National Defense's Electronic Information Portal is the information disclosure point for the Ministry of National Defense, with the address: http://mod.gov.vn or http://bqp.vn.

2. The electronic information portal and electronic information page of agencies and units are the information disclosure points for those agencies and units. In cases where there is no electronic information portal or electronic information page, agencies and units shall disclose information through appropriate alternative methods based on actual conditions.

Article 7. Responsibilities of Agencies and Units Creating Information

1. Review, inspect, and determine the content of information in documents, files, and materials that fall under non-accessible information or conditionally accessible information as stipulated in Articles 6 and 7 of the Law on Access to Information before transferring such information to the information provision point.

2. Establish, update, and disclose the List of Information Required to be Disclosed, and post the List on the electronic information portal or electronic information page; regularly update and disclose information at the correct time, within the specified period, and in accordance with the form set forth in the List of Information Required to be Disclosed.

3. Review legal provisions related to access to information concerning their functions, tasks, and authorities to promptly report and propose amendments and supplements to the Ministry of National Defense to align with the Law on Access to Information.

4. Handle complaints, denunciations, and violations related to access to information in accordance with the law.

Article 8. Responsibilities of Agencies and Units Serving as Information Provision Points

1. Assign personnel to handle information provision duties.

2. Inspect and remove contents of information in documents, files, and materials that fall under non-accessible citizen information or conditionally accessible citizen information as stipulated prior to providing such information.

3. Receive and process citizens' requests for information provision and provide information to citizens according to their requests.

4. Explain, guide, and inform citizens on how to exercise their right to access information in accordance with the prescribed procedures and formalities.

5. Receive, respond to, or coordinate with relevant units to respond to reflections, suggestions, complaints, and denunciations from organizations and citizens regarding the provision of information by their agency or unit in accordance with the law.

6. Monitor and urge the resolution of citizens' requests for information; compile and report periodically and urgently on the implementation of the right to access information by their agency or unit.

Article 9. Responsibilities of Individuals Receiving Requests for Information Provision

1. Receive requests for information provision.

2. Explain, guide, and inform citizens on how to exercise their right to access information in accordance with the law; guide and assist requesters in clearly identifying the file, document, and name of the document containing the sought information to fill out the Request for Information Provision Form accurately and completely.

3. Guide and assist requesters in filling out the Request Form and signing the Request for Information Provision Form according to the model form used for information provision upon request as stipulated in the Appendix accompanying Decree No. 13/2018/ND-CP dated January 23, 2018 of the Government detailing and implementing measures to enforce the Law on Access to Information (hereinafter referred to as Decree No. 13/2018/ND-CP). Guide requesters to the responsible agency or unit for information provision when the information does not fall under the responsibility of their own agency or unit.

4. Send the Request Form to the agency or unit serving as the information provision point.

Article 10. Responsibilities of individuals tasked with providing information

1. Upon receiving requests for information provision, record them in the Information Provision Tracking Book and report to their superior authority as prescribed.

2. Provide information to citizens in accordance with the form, procedure, process, and time limit stipulated in Chapter III of the Law on Access to Information, Decree No. 13/2018/ND-CP, and related documents; bear responsibility for the authenticity of the information provided.

3. When receiving a valid request for information provision, notify the deadline, location, and method of information provision; actual costs for printing, copying, photographing, and sending information via postal services, fax (if applicable), and payment methods and deadlines according to the model form used for information provision upon request as issued along with Decree No. 13/2018/ND-CP.

4. Study and analyze regulations on information provision to propose recommendations and suggestions regarding issues arising during the processing of information provision requests for citizens; prepare reports on the situation of information provision by their agency or unit.

Article 11. Reporting System

1. The head of the agency or unit shall report on the implementation of the right to access information of their agency or unit as prescribed.

2. Regularly before the tenth day of the last month of each quarter, six months, nine months, and annually, subordinate agencies and units under the Ministry of National Defense shall report to the Ministry of National Defense on the implementation of the right to access information within their scope of responsibility.

3. The report shall clearly state:

a) The situation of publicizing information and providing information upon request at the agency or unit;

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

c) Difficulties and obstacles in providing information;

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

Article 12. Effective Date

1. The National Standardization Agency shall organize the implementation of this Circular.

Article 13. Responsibility for Implementation

1. The head of the agency or unit is responsible for implementing the information provision regulations set forth in Article 4 of this Circular and publicly announcing internal rules on organizing information provision within their scope of responsibility, including the following main contents: Identifying the point of contact for information provision; transferring information created by the unit to the point of contact for information provision; classifying information that can be provided and information that cannot be provided; updating publicly disclosed information and information provided upon request; procedures and processes for handling information provision requests between the point of contact and the unit responsible for the information database and other relevant units.

2. The Chief of General Staff, Director of the Political General Department, heads of agencies and units, and related individuals are responsible for enforcing this Circular.

3. The Office of the Ministry of National Defense shall inspect and urge agencies and units to implement this Circular./.