Regulation on provision of information for citizens by the Ministry of Justice
14:17 14/08/2018
On June 07, 2018, Justice Minister signed Decision No.1301/QD-BTP promulgating regulation on provision of information for citizens by the Ministry of Justice. This Decision comes into force from July 01, 2018.
The regulation applies to requests for information made by foreigners residing in Vietnam; citizens’ requests for information submitted through organizations and enterprises.
Information provided by the Ministry of Justice includes the one created by the Ministry of Justice and its affiliates. Information created by public service providers affiliated to the Ministry of Justice will be provided in accordance with relevant regulations of law.
According to the Decision, the Ministry Office is the agency in charge of receiving information request and returning results upon request. Meanwhile, Departments of Civil Judgment Enforcement of provinces and central-affiliated cities will provide information created themselves and information created by affiliated Sub-departments of Civil Judgment Enforcement.
The Decision also stipulates the information disclosure on the web portal of the Ministry of Justice. Regarding the information subject to mandatory disclosure prescribed in Article 19 of the Law on Access to Information, the unit in charge of creating information has to post electronic texts on the list of information subject to mandatory disclosure in the information access categories on the web portal of the Ministry of Justice. Regarding the information that is being disclosed on different databases or posted in other categories on the web portal, a link to access information must be attached to the list of information subject to mandatory disclosure. Especially, regarding the accessible information with particular conditions prescribed in Article 7 of the Law on Access to Information, the unit in charge of creating information shall update information to the list of accessible information with particular conditions in the information access categories on the web portal of the Ministry of Justice.
Besides uploading information on the web portal of the Ministry of Justice, the unit in charge of creating information has to take charge and cooperate with the Ministry Office for disclosing information by posting it on the Official Gazette and at the Ministry of Justice. Posted contents and time limit for posting information on the Official Gazette and at authorities are prescribed in relevant regulations of law. In case, if the location and time limit for posting information at authorities are not regulated by the law, such information must be publicly posted at the Ministry of Justice within at least 30 days.
Relating to the procedure of receiving the information requests, the Ministry Office will receive information request forms directly at the citizen reception office of the Ministry of Justice, electronically, by post or by fax. In the cases where the information contained in the information request form is incomplete, the Ministry Office will instruct the applicant to complete it as prescribed. After receiving the satisfactory information request form, the Ministry Office will respond to such request, notify the applicant of response to the information request or refuse to provide information. The notice of response to information request will be prepared using the Form No. 03 enclosed with the Government’s Decree No. 13/2018/ND-CP dated January 23, 2018 providing guidelines for implementation of the Law on Access to Information. The notice will be sent to the applicant at the authority or electronically, by post or by fax. In the cases where information is simple and electronically available on request or the applicants may read, watch, listen or record directly at the authority without paying any fees, the Ministry Office is not required to issue the notice of response to information request.
Within 15 working days from the receipt of the satisfactory request, the Ministry Office will send provide information for the applicant or a notice of its refusal to provide information or a notice of extension.
Information provided by the Ministry of Justice includes the one created by the Ministry of Justice and its affiliates. Information created by public service providers affiliated to the Ministry of Justice will be provided in accordance with relevant regulations of law.
According to the Decision, the Ministry Office is the agency in charge of receiving information request and returning results upon request. Meanwhile, Departments of Civil Judgment Enforcement of provinces and central-affiliated cities will provide information created themselves and information created by affiliated Sub-departments of Civil Judgment Enforcement.
The Decision also stipulates the information disclosure on the web portal of the Ministry of Justice. Regarding the information subject to mandatory disclosure prescribed in Article 19 of the Law on Access to Information, the unit in charge of creating information has to post electronic texts on the list of information subject to mandatory disclosure in the information access categories on the web portal of the Ministry of Justice. Regarding the information that is being disclosed on different databases or posted in other categories on the web portal, a link to access information must be attached to the list of information subject to mandatory disclosure. Especially, regarding the accessible information with particular conditions prescribed in Article 7 of the Law on Access to Information, the unit in charge of creating information shall update information to the list of accessible information with particular conditions in the information access categories on the web portal of the Ministry of Justice.
Besides uploading information on the web portal of the Ministry of Justice, the unit in charge of creating information has to take charge and cooperate with the Ministry Office for disclosing information by posting it on the Official Gazette and at the Ministry of Justice. Posted contents and time limit for posting information on the Official Gazette and at authorities are prescribed in relevant regulations of law. In case, if the location and time limit for posting information at authorities are not regulated by the law, such information must be publicly posted at the Ministry of Justice within at least 30 days.
Relating to the procedure of receiving the information requests, the Ministry Office will receive information request forms directly at the citizen reception office of the Ministry of Justice, electronically, by post or by fax. In the cases where the information contained in the information request form is incomplete, the Ministry Office will instruct the applicant to complete it as prescribed. After receiving the satisfactory information request form, the Ministry Office will respond to such request, notify the applicant of response to the information request or refuse to provide information. The notice of response to information request will be prepared using the Form No. 03 enclosed with the Government’s Decree No. 13/2018/ND-CP dated January 23, 2018 providing guidelines for implementation of the Law on Access to Information. The notice will be sent to the applicant at the authority or electronically, by post or by fax. In the cases where information is simple and electronically available on request or the applicants may read, watch, listen or record directly at the authority without paying any fees, the Ministry Office is not required to issue the notice of response to information request.
Within 15 working days from the receipt of the satisfactory request, the Ministry Office will send provide information for the applicant or a notice of its refusal to provide information or a notice of extension.