Law on Access to Information (amendment): Clarifying disclosure responsibilities and narrowing restrictions on information rights

The National Assembly discussed the Draft Law on Access to Information (amendment) in the chamber on the morning of April 12, as part of the program of the First Session of the XVI National Assembly. Lawmakers broadly agreed that a comprehensive amendment is necessary to meet modern governance requirements, emphasizing openness and transparency, and to clarify the obligation to disclose information in the digital environment.

Digital-era disclosure and clearer legal obligations

Representative Nguyen Thi Viet Nga (Hai Phong) said the revision is not limited to improving procedures for providing information. Instead, it aims to build a legal framework for public governance in the digital era, including clarifying the principle of exercising the right to access information and defining the duty to disclose information in the digital environment.

She noted that current regulations largely set a direction to “promote” or “increase” the use of information technology, without creating binding legal obligations. In her view, if a digital government is to be established, the digital environment should be defined as the primary method—particularly for information that must be disclosed.

Reducing discretion and tightening decision-making

On cases where citizens’ information is not accessible, Nga highlighted an inconsistency between a rule stating that restrictions on the right to access information must be defined by law, and another rule allowing the head of an agency to review and decide in cases where the law does not specify. She proposed reviewing and narrowing the scope for subjective decisions, while adding clearer criteria and control mechanisms.

Response times for information requests

Regarding deadlines for providing information upon request, Nga said the current timeline of 10 working days, with a possible extension of up to 10 days, is appropriate for information requiring review and complex processing. However, she argued it is too long for information that already exists and has been digitized.

She proposed studying a classification of response times based on the nature of the information, including shortening the timeframe for information that is readily available, to support administrative reform and digital transformation.

Support for vulnerable groups

Deputy Chau Quynh Dao (An Giang) said the State’s supported groups should be listed, but noted that the current approach lacks inclusivity. She emphasized that vulnerable groups face different barriers and have different information needs, and that without flexible regulations reflecting real conditions, ensuring the right to access information would be difficult.

Balancing security and transparency

Deputy Hoang Thi Thanh Thuy (Tay Ninh) stressed that the Information Access Law is a democracy-related law and must manage the relationship between protecting state secrets and citizens’ right to access information. She proposed narrowing the scope of confidential information and considering separating content that can be made public from content that is state secret, to better guarantee access rights.

Drafting agency to absorb feedback and refine the bill

Minister of Justice Hoang Thanh Tung, speaking on behalf of the drafting authorities, said they would absorb and compile deputies’ opinions and work with relevant agencies to continue refining the Draft Law on Access to Information (amendment).

He said the drafting agency will review and revise key contents, including clarifying the responsibility of information provision by state agencies—especially at the local level—studying expansion of supported groups of vulnerable people, and ensuring that publicly disclosed information is accurate and easy to access. The agency will also consider improving oversight mechanisms to make the law feasible and implementable.

After completion, the draft will be submitted to the National Assembly for consideration and approval at the second session of the current term.