What information do people have the right to request?
People have the right to be provided with complete, timely and accurate information by state agencies; If denied, you can appeal or sue.
Recently, the first administrative lawsuit on citizens’ right to access information was first-instance trial by the People’s Court of Khanh Hoa province. Mr. Nguyen Van Binh was refused by the Chairman and Khanh Hoa Provincial People’s Committee Office to provide the information that the business’s golf course investment certificate was, so he filed a lawsuit to ask the court to annul these documents; and at the same time forced the Provincial People’s Committee to provide information so that he could have grounds to complain about land acquisition for golf course enterprises.
However, the People’s Court of Khanh Hoa province rejected Mr. Binh’s petition to sue. People’s Procuracy of the same level after that protest because he thinks that the court’s decision “goes beyond the scope of trial and loses the people’s right to sue”. The Institute asked the High People’s Court in Da Nang to revise the first-instance judgment, not rejecting Mr. Binh’s request.
According to lawyer Vo Dan (Director of Ta Pha One Member Limited Liability Company), although Mr. Binh’s request has not been accepted by the court, the case marks an important step in the right of people to access information that needs to be legalized. guard. This is one of the basic rights of citizens, stipulated in the 2013 Constitution. In addition, the Law on Access to Information 2016 also clearly stipulates the rights and obligations of citizens to access information as well as responsibilities. , the obligation of state agencies in ensuring this right.
Lawyer Mai said that the Law on Access to Information has an important meaning in promoting democracy, protecting the legitimate rights and interests of citizens… as well as meeting the information capture needs of individuals. individuals, organizations and businesses. “The people’s full access to information also contributes to the prevention and fight against corruption; increases the transparency of the market; and improves citizens’ understanding and participation in state management activities.” Lawyer Mai said.
Article 8 of this law stipulates that Citizens have the right to be provided with complete, accurate and timely information (except for information belonging to .) State secret or information that, if accessed, would be harmful to the interests of the State, national security, etc., as specified in Articles 5 and 6). For information belonging to the State secret that has been declassified, citizens still have the right to access.
In addition, in some cases, citizens who want to access information must have conditions, such as: information related to business secrets (citizens have access in case the owner of the business secret agrees to do so). idea); information related to private life secrets, personal secrets (must be consented by the person).
People are free to access information public agencies, or can request state agencies to provide information for themselves. However, according to the provisions of Article 29, depending on the specific case, people are entitled to different access rights.
The provision of information can be done in person at the head office, via the internet or by postal and fax services… The time of provision can be immediate, or within 10 days to a month. Depending on how simple, available or complex information needs to be gathered…
To ensure the people’s right to access information, Article 15 of this law stipulates: Those who commit acts of violating the law on information provision, depending on the nature and severity of their crimes, may be disciplined, administratively handled or examined for penal liability.. If the provision of information causes damage, the State agency must compensate.
However, in case state agencies fail to provide information or provide it on time at the request of the people, the current law still does not have specific provisions on sanctions, handling and remedial measures. consequence.
“This omission will significantly affect people’s legitimate rights and interests. Therefore, the way for people to protect themselves in case the right to access information is infringed, is to complain or initiate an administrative case,” said lawyer Mach.
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