Open Records Laws › Vietnam

Vietnam

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

Law No. 104/2016/QH13 on Access to Information (Luật Tiếp cận Thông tin)

Open Records Transparency: 51/100 (moderate) Transparency Score: 51/100

RTI Rating: 76 (source)

Response Timeline

Initial Response
15 days
Extension
15 days
Residency Required
Citizen

Working days (business days). Initial deadline is 15 working days from receipt of valid request. Extension of up to 15 additional working days is permitted if agency needs more time to review, search, collect, copy, or resolve the information provision request.

How to Submit a Request

Accepted Methods

  • In person — Visit state agency offices in person or through authorized representative
  • Mail — Submit written request via postal services
  • Online — Submit via internet
  • Fax — Submit written request via fax

Foreigners legally residing in Vietnam have limited access rights - only for information directly related to their rights and obligations. All requests must be submitted to the head offices of the agencies providing information.

Required Elements

  • Full name
  • Address
  • Identification number or passport number
  • Contact details
  • Specification of requested information
  • Reason for requesting
  • Purpose of use

Fees

Request filing and access are free. Citizens pay actual costs for reproduction (printing, copying, capturing) and delivery (postal, fax). The Minister of Finance provides detailed regulations on cost calculations.

Exemptions

  • State Secrets
    Information classified as state secrets in politics, defense, security, foreign affairs, economics, science, and technology.
  • Harm to State Interests
    Information that if published can cause harm to state interests or bad effect to defense, security, international relations, social order, ethics, or public health.
  • Serious Damage to Life/Property
    Information likely to cause serious damage to lives, life and property.
  • Work Secrecy Classifications
    Information classified as work secrecy.
  • Internal Agency Meetings
    Records of internal agency meetings.
  • Internal Work Documents
    Internal government work documents.
  • Business Confidentiality
    Business confidential information (requires owner consent for disclosure).
  • Personal Privacy
    Personal private information (requires individual consent for disclosure).
  • Family Secrets
    Family secrets (requires family member consent for disclosure).

Vietnam's exemptions framework (Articles 6-7) includes absolute exemptions for state secrets, work secrecy, and internal government documents, as well as conditional harm-based exemptions for information that could damage state interests, defense, security, international relations, social order, or public health. Third-party information (business, personal, family) requires consent for disclosure. Article 7(3) provides a public interest override allowing agency heads to disclose restricted information 'if deemed necessary to the interests of public, social health' without consent, but the mechanism and scope of this override remain unclear. The law lacks severability provisions and temporal limits on exemptions. Scored 14/30 on RTI Rating due to vague categorical exemptions and unclear override functionality.

Appeal Process

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Vietnam has an "almost non-existent external appeal system" according to RTI Rating analysis. The law provides no independent administrative oversight body (no information commission or ombudsman). Appeals follow the general Law on Complaints and Denunciations framework, with ultimate recourse to courts only. The Ministry of Justice serves as central oversight body for monitoring compliance across state agencies and reports to the Government every 3 years, but does not handle individual appeals.

Sources & References