Tóm Tắt THỰC HIỆN QUYỀN TIẾP CẬN THÔNG TIN CỦA CÔNG DÂN Ở VIỆT NAM HIỆN NAY

Tasks of the research Firstly, the thesis aims to analyze and evaluate research papers directly related to the thesis topic that have been published both domestically andinternationally

DUONG VAN QUY

THESIS TITLE CURRENT EXERCISE OF THE CITIZENS’ RIGHT TO ACCESS

TO INFORMATION IN VIETNAM

DOCTORAL THESIS IN JURISPRUDENCE

Major: Theory and History of State and Law

Code: 9 38 01 06

Doctoral Supervisors: 1 Assoc Prof Dr Le Van Long

2 Dr Bui Xuan Phai

HANOI - 2023

Part 1:

INTRODUCTION

1 Reason for choosing the topic

In Vietnam, access to information is a new right that has been fullyprescribed since the 2013 Constitution Then the National Assembly adopted theLaw on Access to Information in 2016 in order to concretize this right This is acritical legal basis to promote socialist democracy and the people’s right to mastery,

which contributes to good and effective performance of the motto: “People know, people discuss, people do, people inspect, people monitor, people enjoy”

Vietnam’s reality shows that the exercise of citizens’ right to access toinformation is generally not recognized in a unified and complete way by the State,people and society Although the legal system on citizens’ right to access toinformation has been renovated and improved in the past years, it is still inadequateand inconsistent with socio-economic rules and international practices, which limitsthe citizens’ right to access to information Many agencies and localities are still nottruly interested in investing and developing information infrastructure, especiallyfostering and training a team of information providers The lack of transparency andtimeliness in providing information from State agencies also creates inequality inaccess to information, as well as leads to risks in production and business activities

of enterprises, individuals, domestic and foreign investors; this problem makes itdifficult to build a healthy business environment, hinders the process ofinternational integration, thereby affecting the economy’s competitiveness andsustainable development In the context of the fourth industrial revolution takingplace in both breadth and depth, and Vietnam’s implementation of a nationalstrategy for developing the digital economy and digital society, the right to access toinformation, although retaining its essence, has been strongly affected and themethod of access to information has been fundamentally changed Institution,infrastructure, human resources, and people play an important role in thedevelopment of the digital economy, digital society, and citizens’ right to access to

information To promote the people’s subject role and central position in thenational development strategy, the 13th National Party Congress has determined to:

“Ensure publicity, transparency, and accessibility of information to people of all strata” Exercising the right to access to information is creating the necessary

conditions and prerequisites for people to realize their aspirations for nationaldevelopment On the other hand, the right to access to information will not be fullyexercised if information is not fully, accurately, and promptly provided

From the “Doi Moi” process, the issue of "valuing practical summary and theoretical research" is one of the valuable lessons that has been learned Therefore,

the topic “Current exercise of the citizens’ right to access to information in

Vietnam” chosen for the doctoral thesis is important and essential from both

theoretical and practical perspectives

2 Purpose and tasks of the research

2.1 Purpose of the research

The topic is researched to build a theoretical basis, analyze and evaluate thecurrent situation and propose appropriate and feasible solutions in order to ensurethe exercise of the citizens' right to access to information in Vietnam, therebycontributing to promotion of human factors in the current national developmentstrategy of Vietnam

2.2 Tasks of the research

Firstly, the thesis aims to analyze and evaluate research papers directly

related to the thesis topic that have been published both domestically andinternationally, thereby determining the research results that the thesis will adopt,

supplement and develop; Secondly, research will be conducted to build theoretical

basis for current exercise of the citizens’ right to access to information in Vietnamsuch as concept of citizens’ right to access to information, concept of exercising thecitizens’ right to access to information; entities and details of exercising thecitizens’ right to access to information; factors that guarantee the exercise of

citizens’ right to access to information; referring to foreign experience, etc.; Thirdly,

the thesis also analyzes and evaluates the current situation of exercising the citizens’

right to access to information and the causes of such situation; Fourthly, the thesis

proposes points of view and solutions to guarantee the current exercise of thecitizens’ right to access to information in Vietnam

3 Objects and Scope of the research

3.1 Objects of the research:

The thesis includes research on theoretical basis, situation and points of viewand solutions to guarantee the current exercise of the citizens’ right to access toinformation in Vietnam

3.2 Scope of the research

Spatial scope: The Thesis pays attention to research on exercise of the citizens’ right to access to information in Vietnam; Research time range: The thesis

conducts research on exercise of the citizens’ right to access to information since

adoption of the 2013 Constitution; Research scope: The thesis only focuses on

researching issues related to exercise of the citizens’ right to access to information

4 Theoretical basis, research questions and research hypothesis

4.1 Theoretical basis

The thesis is carried out on the basis of scientific theory of Leninism, Ho Chi Minh’s Ideology and policies of the Communist Party ofVietnam on guaranteeing exercise of citizens’ right to access to information, equalrelationship between the State and citizens in exercising the citizens’ right to access

Marxism-to information; promoting socialist democracy, ensuring the people’s right Marxism-tomastery; building and perfecting the socialist rule-of-law state of Vietnam

4.2 Research questions

The research question one: To ensure current exercise of citizens' right to

access to information in Vietnam, what theoretical basis must be relied on?

Research question two: What is the current situation of exercising citizens' right to access to information in Vietnam? Research question three: What perspectives and

solutions are needed to ensure current exercise of citizens' right to access toinformation in Vietnam?

4.3 Research hypothesis

Although the current exercise of citizens' right to access to information in

Vietnam has gotten some remarkable achievements, there are still many

shortcomings and certain limitations leading to less than desirable outcomes.Therefore, it is necessary to build a theoretical basis to help determine a guaranteemechanism and reasonable process so that citizens' right to access to informationcan best be exercised

5 Approach to research problems and research methods

5.1 Approach to research problems

The thesis applies the following approaches to research: Interdisciplinaryapproach; Practical requirements-based approach; Specific approach on the basis oftheory and provisions of law on rights

5.2 Research methods

5.2.1 Methodology

The methodological basis of the thesis is dialectical materialism andhistorical materialism methods of Marxism - Leninism; Ho Chi Minh's ideology andthe policies of the Communist Party of Vietnam on state and law

5.2.2 Specific research methods

Analysis and Synthesis method; Systematic approach; Scientific abstraction,historical and logical method; Comparative method; Statistical, sociologicalmethod

6 Scientific and practical significance of the thesis

The thesis is a useful reference source for people, individuals, organizations,State agencies, higher education institutions and research institutes.

Part 2:

OVERVIEW OF THE RESEARCH PROBLEMS

After learning about research projects on matters related to theaforementioned topic that has been published domestically and internationally inthree groups: research papers related to theoretical basis of exercising citizens’ right

to access to information in Vietnam; research papers related to the situation ofexercising citizens’ right to access to information in Vietnam and research papersrelated to solutions for current exercise of citizens’ right to access to information inVietnam, it is obvious that the exercise of citizens’ right to access to information is

a topic that attracts many researchers from various perspectives and levels

However, the topic “Current exercise of the citizens’ right to access toinformation in Vietnam” is a new one that there has been no systematic, completeand in-depth research on this issue After analyzing, evaluating research papersrelated to this thesis that have been published domestically and internationally, thefollowing conclusions can be drawn:

Firstly, the following research findings will be adopted by the thesis:

Firstly, regarding the theoretical basis for exercising citizens’ right to access to information in Vietnam

Published studies have developed a number of theoretical issues forexercising citizens’ right to access to information

Secondly, regarding the situation of current exercise of citizens’ right to access to information in Vietnam

Most of the analyses and assessments of that situation are only carried out inone or some specific fields, certain regions and localities

Thirdly, regarding points of view and solutions for guaranteeing the current exercise of citizens’ right to access to information in Vietnam

Published research papers related to the Thesis only give points of view andsolutions that are either suggestive, generic or in one or some specific fields, certainregions and localities

Secondly, the research problems that this Thesis will supplement and develop for further research are as follows:

Firstly, the research has successfully built a theoretical basis for exercising

citizens’ right to access to information in Vietnam: building the concept of citizens’right to access to information; entities and details of exercising citizens’ right toaccess to information; factors that guarantee the exercise of citizens’ right to access

to information; referring to foreign experience in exercising citizens’ right to access

to information as lessons that Vietnam can learn Secondly, the analysis and

evaluation of current exercise of citizens’ right to access to information can point

out the causes of such outcomes, shortcomings and limitations Thirdly, the thesis

can provide guiding points of view and propose detailed and feasible solutions toguarantee the exercise of citizens’ right to access to information in Vietnam

Conclusion of the Overview of the research Problem

Exercising the citizens’ right to access to information is a research problemthat attracts a lot of scientists’ attention Despite differences in aspect and level ofthe research, research papers all aim to clarify concepts of right to access toinformation, factors that guarantee and affect the exercise of right to access toinformation in reality; analyze, evaluate the findings and limitations in provisions oflaw on citizens’ right to access to information, thereby pointing out achievements,shortcomings and limitations of exercising the citizens’ right to access toinformation even if only in certain fields, regions and localities of Vietnam On thatbasis, research papers propose legal solutions and enforce the law to ensure theexercise of citizens' right to access to information in such certain fields, regions, andlocalities The findings from such research papers have established a wealth ofknowledge system that helps researchers and practitioners raise awareness of

exercising citizens’ right to access to information and also assists the Thesis inadopting some certain key aspects.

After summarizing the research problem, it can be affirmed that there hasbeen no systematic, complete and in-depth research on the current exercise of thecitizens’ right to access to information so far Therefore, it is necessary to researchmore systematically, comprehensively and more intensively, thoroughly solvetheoretical issues on exercising citizens’ right to access to information; conductcomprehensive assessment of current exercise of the citizens’ right to access toinformation in Vietnam; thereby proposing practical and feasible solutions toguarantee current exercise of the citizens’ right to access to information; in order topromote human factor in the national development strategy

Part 3:

RESEARCH FINDINGS

CHAPTER 1

THEORETICAL BASIS FOR CURRENT EXERCISE OF CITIZENS’

RIGHT TO ACCESS TO INFORMATION IN VIETNAM

1.1 Concept and significance of exercising the citizens’ right to access to information

1.1.1 Concept of exercising the citizens’ right to access to information

Although there are many concepts of right to access to information, mostconcepts attach importance to the right to access to information kept by Stateagencies The Socialist Republic of Vietnam is a socialist rule-of-law state of thepeople, by the people, for the people, so the State is obliged to provide informationabout its organization and activities for the people to know and understand

In essence, the right to access to information is one of the details of the basicrelationship between the State and citizens Therefore, the basis for establishing theright to access to information of a citizen is that such citizen must participate inspecific legal relationships with relevant State agencies, with corresponding legalfacts, which must be based on provisions of law as a matter of course

Citizens’ right to access to information is the ability of citizens to choosehow to behave at will, without being limited, bound, prohibited unreasonably.Furthermore, given that our country is building and perfecting the socialist rule-of-law state of Vietnam in a new stage, citizens’ right to do everything that is notprohibited by law has become a principle to ensure exercise of civil rights.

The right to access to information is not simply the accessibility orobtainability of information, but it must satisfy the need to understand suchinformation, to be able to protect oneself as well as exercise other citizens’ rights.According to the international community’s common perception, the citizens’freedom of information is the basis for determining a common principle of the Law

on Access to Information and this is also the key point and essence of guaranteeingthe citizen’s right to access to information

The citizens’ right to access to information can be understood as the ability

of citizens to freely choose how to behave at will without being prohibited by law in order to obtain information that the State is responsible for providing according to provisions of law.

1.1.2 Significance of exercising the citizens’ right to access to information

Although there are many approaches from different perspectives to thecitizens’ right to access to information, the approach to right to access toinformation from a legal relationship is the most extensive, comprehensive andcomplete

The citizens’ right to access to information is only limited to the ability ofcitizens who can actually choose which ability to use at will However, whenexercising the right to access to information, citizens must realize their abilities andbehave in particular manners that are not prohibited by law The results ofexercising those abilities of citizens are evidence of exercising citizens' right toaccess to information in practice On the other hand, citizens' right to access toinformation must be guaranteed by legal obligations of the State, specifically Stateagencies Therefore, the right to access to information must be exercised by legal

actions of citizens and State agencies If citizens and State agencies do not carry outcertain actions, the citizens’ right to access to information may not be exercised inpractice and is only limited to the ability of citizens Citizens and State agenciesmay provide necessary conditions to guarantee the best exercise of citizens’ right toaccess to information.

When citizens realize their abilities that are not prohibited by law and Stateagencies must carry out mandatory actions to guarantee the implementation ofcorresponding abilities within the citizens’ right to access to information, the legalrelationships between citizens and State agencies will occur practically andobjectively The process of exercising citizens’ right to access to information helpsestablish legal relationships Therefore, it can be affirmed that it is impossible to saythe exercise of citizens’ right to access to information is outside the legalrelationship or lacking legal relations Exercising citizens’ right to access toinformation through legal relationships will help the will of both sides be expressedspecifically, clearly, transparently and guaranteed to be implemented by the State,then the citizens’ right to access to information will be exercised in the best way inpractice

Exercising the citizens’ right to access to information is defined as citizens participating in specific legal relationships with State agencies to realize their abilities to freely choose how to behave at will without being prohibited by law in order to obtain information that the State is responsible for providing as well as requesting competent State agencies to protect citizens’ rights and interests when they are violated.

Exercising the citizens’ right to access to information is characterized asfollows: It is related to almost all areas of social life; It is the basis to exercise otherrights; It follows strictly procedures prescribed by law; and it effectively resolvesthe relationship between the State’s management and the People’s mastery

1.1.3 Significance of exercising the citizens’ right to access to information

Firstly, regarding citizens: exercise the people’s right to mastery; serve as

the basis to exercise human rights, other civil rights; contribute to developVietnamese people comprehensively, create favorable conditions to arousepatriotism, beliefs, and aspirations to develop a prosperous and happy country,promote talents, intelligence, and qualities of the Vietnamese as the center, goal andthe country’s most significant development driving force; harmoniously resolvesinterests in the society because all citizens are fairly and equally entitled to access to

information

Secondly, regarding the State: it is a proof to affirm that Vietnam is

organized and operates on the basis of the people’s sovereignty, by the people, forthe people; enhance the responsibility of publicity, transparency and accountability

of State agencies, officers and public employees; and improve the legal system ontime

Thirdly, regarding organization: contribute to reducing risks in production

and business activities, help domestic and foreign investors to promptly obtaininformation (also seize investment opportunities) to expand and develop business,build long-term investment plans; contribute to increasing the national economy’scompetitiveness, promote the economy’s sustainable development; promote socialorganizations to participate in state management and social management, bettermeet the legitimate needs and interests of members, and protect common interests

of the entire society

1.2 Entities and details of exercising the citizens’ right to access to information

1.2.1 Entities exercising the citizens’ right to access to information

1.2.1.1 Citizens

To actively take part in all legal relationships with State agencies in order tofully exercise the right to access to information, citizens must have full legalcapacity

1.2.1.2 State agencies

State agencies are obliged to both provide information and create the bestconditions so that citizens can exercise the right to access information However,State agencies are also the entities that have the greatest ability to violate thecitizens’ right to access to information State agencies must be obliged to protect thecitizens’ right to access to information when it is violated.

1.2.2 Details of exercising the citizens’ right to access to information

The details of exercising citizens' right to access to information include:exercising the legal rights and obligations of citizens and State agencies Legalrights and obligations in exercising citizens' right to access to information arealways complementary to each other as citizens' rights are the correspondingobligations of State agencies This is a manifestation of close connection betweencitizens and the State when the citizens' right to access to information is exercised

Firstly, citizens freely seek information provided by State agencies.

However, whether or not citizens can freely access information mainly depends onthe proactive disclosure of State agencies that manage information Therefore, theexercise of this ability by citizens corresponds to behavior of information disclosure

by State agencies State agencies must disclose information that is clear, specific,accurate, complete, and promptly and widely published for everyone, includingpeople with disabilities and people living in areas with poor socio-economicconditions and the access to information must be convenient

Information also needs to be publicized in many different forms, to ensurethe citizens’ access to information is easy, convenient and smooth Because access

to information is the right of all people, the entities of access to information arevaried and diverse in terms of qualifications, skills, languages, material andtechnical conditions, etc., so it is necessary to diversify forms of access toinformation The appropriate and effective form of access to information to use inpractice depends on the entities as well as the type of information provided.Furthermore, integrating different forms of information disclosure for the sameentities and type of information is also extremely important In fact, any form of

information disclosure should not be taken seriously or underestimated.

Secondly, citizens request State agencies to provide information In this case,

citizens cannot freely seek information but must be obliged to provide informationfrom State agencies If citizens only access information when it is widely published

by State agencies, it will lead to the situation where the information is onlyprovided in one way from the State agencies’ subjectivity, without being accessedfrom the perspective of access to information as a citizens’ right The reality hasproven that information disclosure activities, in general, only partly meet thepeople’s increasing needs In the 2013 Constitution, the right to access toinformation has developed into a new, more proactive aspect than the “Freedom ofInformation", which means that not only do people freely seek information, but theyalso have the right to request State agencies to provide information Therefore, toensure that citizens can fully exercise their right to access information, citizens must

be able to request State agencies to provide information If there is a lack ofrequired method for access to information, the citizen’s right to access toinformation is not complete and comprehensive and it is difficult to achieve the goal

of promoting socialist democracy, ensuring the people’s right to mastery as well asbuilding and perfecting the socialist rule-of-law state of Vietnam However,recognizing this ability for citizens will only be valid on paper and cannot be putinto practice if the processes and procedures for providing requested information donot exist or are barriers for citizens to exercise this right

To best serve the exercise of citizens’ right to access to information, Stateagencies need to carry out organizational activities such as assigning units andindividuals as the focal points to provide information, foster and enhance capacity,qualification and professional competence for people who are assigned to provideinformation, promulgate and publicly announce the internal regulations oninformation provision, etc and provide technical facilities that serve the informationprovision

Thirdly, citizens request competent State agencies to protect their right to

access information In principle, protecting the citizens’ right to access toinformation is the obligation of all organizations and individuals in the society Forpublic entities, the most severe enforcement measures can be applied to all entities,

so the responsible entitles must first be competent State agencies Currently,according to provisions of Vietnamese law, all State agencies are obliged to protectthe citizens’ right to access to information, but there is no specialized agency toperform this task On the other hand, State agencies must take legal responsibilitywhen they behave inconsistently with the provisions of law Legal responsibilitiesmay be imposed on State agencies, heads of State agencies, relevant officers, civilservants, and employees working in State agencies

1.3 Factors that guarantee the exercise of citizens’ right to access to information

Exercising the citizens’ right to access to information is a legal act of citizensand State agencies, so it is affected and governed by many different subjective andobjective factors From the most generic perspective, it can be seen that the exercise

of citizens' right to access to information is guaranteed by the basic elements of thelegal system on citizens' right to access to information; legal capacity of citizensand State agencies; and funds to serve the exercise of citizens' right to access toinformation Identifying the above factors will serve as the basis for analyzing andevaluating the current situation, as well as proposing specific, effective and feasiblerecommendations to ensure the current exercise of the citizens' right to access toinformation in Vietnam

1.4 Exercise of citizens’ right to access to information in a number of countries in the world and current suggestions for Vietnam

The thesis conducts research on law on right to access to information in anumber of Western countries that are long-standing democracies, the first places inthe world that adopts the Law on Access to Information and the law on right toaccess to information in a number of Asian countries whose political, socio-economic conditions are similar to those of Vietnam, with different forms of state

Vietnam is also aiming to build a developmental state model like some East Asiancountries, which will support the Thesis to have many selective, appropriate,comprehensive and objective options to improve the current law on citizens’ right toaccess to information in Vietnam

The Law on right to access to information in any country prescribes thepurpose of promulgating the Law on Access to Information; entities of access toinformation, scope of accessible information, order and procedures of access toinformation, mechanisms to protect the right to access to information, etc Vietnamcan refer to other countries’ regulations on the aforementioned matters

Conclusion of Chapter 1

The citizens’ right to access to information is the ability of citizens to freely choose how to behave at will without being prohibited by law in order to obtain information that the State is responsible for providing according to provisions of law The right to access to information is a basic right of citizens, the basis for

citizens to exercise many other rights, a tool that helps citizens to participate in statemanagement, anti-corruption, and promotes the State’s role of serving the people.Exercising the citizens’ right to access to information in Vietnam is essential,especially given that the 13th National Party Progress considers promoting humanfactor as one of developmental orientations and concretizes it into key tasks andstrategic breakthroughs in the upcoming years as well as building the socialist rule-of-law state Exercising the citizens’ right to access to information is defined as

citizens participating in specific legal relationships with State agencies to realize their abilities to freely choose how to behave at will without being prohibited by law

in order to obtain information that the State is responsible for providing as well as requesting competent State agencies to protect citizens’ rights and interests when they are violated.

Entities currently exercising the citizens’ right to access to information inVietnam are the entities realizing the legal relationships concerning the citizens’right to access to information, which mean citizens and State agencies that meet