Decree 337/2026/ND-CP detaling the Law on Access to Information

DECREE

Detailing a number of articles of, and providing measures for the implementation of, the Law on Access to Information

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law No. 01/2026/QH16 on Access to Information;

At the request of Minister of Justice;

The Government hereby promulgates the Decree detailing a number of articles of, and providing measures for the implementation of, the Law on Access to Information.

Article 1. Scope of regulation

1. This Decree details a number of articles of the Law on Access to Information, including:

a) Clause 1 Article 11 regarding measures to guarantee the right of access to information; measures to create favorable conditions for people with disabilities, ethnic minority persons, and inhabitants of border, island and mountainous areas, ethnic minority areas, and areas with difficult or extremely difficult socio-economic conditions to exercise their right of access to information;

b) Clause 4 Article 11 regarding the review, classification and checking of information and ensuring the confidentiality thereof before provision of such information;

c) Clause 4 Article 26 regarding the order and procedures for provision of information upon request and forms to be used in the provision of information upon request;

d) Clause 2 Article 29 regarding the provision of information upon request to citizens via organizations, mass organizations and enterprises.

2. This Decree provides measures for organizing and guiding the implementation of the Law on Access to Information regarding the responsibilities of state agencies and public non-business units tasked to provide basic and essential public non-business services (below collectively referred to as agencies and units), and individuals in implementing measures to guarantee the right of access to information; responsibilities of focal units in charge of providing information; preparation and updating of the List of information subject to disclosure; application of information technology and digital transformation in the provision of information; responsibilities for monitoring, urging, inspecting and reporting on the implementation of the law on access to information; expenses for information access and funding for guaranteeing the implementation of access to information.

Article 2. Measures to guarantee the right of access to information

1. Investing in technical infrastructure and applying digital technologies in the provision of information in conformity with the practical conditions of agencies, units and localities.

2. Operating, maintaining and developing portals, websites, data portals, information channels and official social media fanpages of agencies and units. Maintaining, storing, updating and managing information databases of agencies and units, ensuring that information is systematic, complete, comprehensive and easy to search, download and use; implementing technical measures and processes for managing and protecting information in accordance with law regulations.

3. Improving the quality of clerical, archival and statistical work; providing technical devices, information technology and other necessary conditions for requesters to copy, photocopy and download documents, dossiers and materials, unless otherwise prescribed by relevant laws.

4. Enhancing the provision of information through activities of spokespersons of agencies and units (if any), via mass media and the Internet.

5. Providing training to improve capacity, professional knowledges and skills for persons assigned to provide information.

6. Reasonably arranging places for receiving and processing requests for provision of information in conformity with the conditions of each agency or unit.

Article 3. Measures to facilitate persons with disabilities in exercising the right of access to information

1. Based on practical conditions, agencies and units shall equip and use technologies and devices supporting persons with disabilities in accessing information appropriate to their types of disability; create conditions for requesters to use their own audio and visual devices, assistive devices and other technical devices to access information.

2. Arranging persons to guide, explain and assist persons with disabilities who encounter difficulties in completing or signing the written requests for provision of information or difficulties in accessing information.

3. Information specified in Clause 1 Article 17 of the Law on Access to Information that is directly related to the life, daily activities, production and business of persons with disabilities shall be promptly disclosed through mass media in forms convenient for persons with disabilities.

4. Diversifying forms of provision of information to persons with disabilities in conformity with the accessibility of requesters and the practical conditions of agencies and units.

5. Integrating knowledge and experience in providing information to persons with disabilities into programs of professional training and professional qualification improvement for focal points in charge of providing information of agencies and units.

Article 4. Measures to create favorable conditions for ethnic minority persons, and inhabitants of border, island and mountainous areas, ethnic minority areas, and areas with difficult or extremely difficult socio-economic conditions to exercise their right of access to information

1. The information shall be provided by measures appropriate to each subject and the conditions in border, island and mountainous areas, ethnic minority areas, and areas with difficult or extremely difficult socio-economic conditions, including:

a) Through portals, websites, data portals, information channels and official social media fanpages of agencies and units;

b) Through radio and television systems, including ethnic-language radio and television programmes, and grassroots information systems;

c) Developing thematic materials, leaflets, folded leaflets, publications and videos in ethnic minority languages or using intuitive and easy-to-understand images appropriate for ethnic minority persons and inhabitants of border, island and mountainous areas, ethnic minority areas, and areas with difficult or extremely difficult socio-economic conditions;

d) Organizing thematic meetings and community meetings to share information with citizens; promoting the role of village patriarchs, hamlet chiefs, heads of residential groups and prestigious persons in ethnic minority areas in dissemination and disclosure of information in accordance with regulations;

dd) Integrating information provision activities into cultural, political and social events of agencies, units and localities, and into plans for law dissemination and education, legal aid and communication of new policies of agencies and units in localities;

e) Increasing the duration of transmission and broadcasting of news bulletins containing information related to mechanisms and policies applicable to inhabitants of border, island and mountainous areas, ethnic minority areas, and areas with difficult or extremely difficult socio-economic conditions.

2. Information specified in Clause 1 Article 17 of the Law on Access to Information that is directly related to the life, daily activities, production and business of ethnic minority persons and inhabitants of border, island and mountainous areas, ethnic minority areas, and areas with difficult or extremely difficult socio-economic conditions shall be promptly disclosed through mass media in forms convenient for ethnic minority persons and inhabitants of border, island and mountainous areas, ethnic minority areas, and areas with difficult or extremely difficult socio-economic conditions.

3. Based on the type of information and its intended recipients, agencies and units shall select forms of information provision appropriate to the accessibility of ethnic minority persons and inhabitants of border, island and mountainous areas, ethnic minority areas, and areas with difficult or extremely difficult socio-economic conditions and the practical conditions of agencies and units; and arrange persons to guide and explain to persons requesting provision of information.

Article 5. Responsibilities of agencies, units and individuals for implementing measures to guarantee the right of access to information

1. Agencies and units responsible for providing information shall:

a) Implement measures to guarantee the right of access to information as prescribed in this Decree; designate units and individuals to act as focal points in charge of providing information;

b) Ensure the accuracy and completeness of information. The transfer, connection and sharing of information between data systems shall comply with law regulations;

c) Disclose and provide information in a timely, accurate, complete, transparent and convenient manner; provide information in the form requested by the requesters in conformity with the nature of the requested information and the practical conditions and capacity of the agencies or units, unless otherwise prescribed by law regulations; encourage the provision of information via the Internet as prescribed in Clause 4 Article 24 of the Law on Access to Information. Upon detecting that disclosed or provided information is inaccurate or incomplete, promptly handle it in accordance with Articles 22 and 28 of the Law on Access to Information;

d) Issue the Regulation on provision of information of the agencies or units or incorporate it into another internal regulation of the agencies or units, containing the following principal contents: designation of the focal point in charge of providing information; transfer of information by the units creating such information to the focal points in charge of providing information; process for disclosure of information; process for handling the provision of information upon request; responsibilities of the focal points in charge of providing information and related units and individuals;

dd) Develop an easily accessible and searchable Section on access to information on the portals or websites of the agencies or units (if any), containing the following principal contents: List of information subject to disclosure; Regulation on provision of information or internal regulation of the agencies or units incorporating contents on provision of information; focal points in charge of providing information to citizens; address for receiving requests for provision of information via the Internet and receiving citizens’ reports, petitions, complaints and denunciations concerning access to information; forms to be used in the provision of information; guidance materials to assist requesters in accessing and exploiting information; access address for downloading information (if any);

e) Prepare and update a List of information subject to disclosure and disclose the List as prescribed in Clause 4 Article 7 of this Decree;

g) Provide information in their possession in case the provision of such information is necessary to protect public interests and community well-being as prescribed in Clause 3 Article 10 of the Law on Access to Information. Based on its practical conditions and capacity, the agencies or units shall proactively disclose or may provide other information they create or hold to protect public interests and community well-being as prescribed in Clause 2 Article 17 and Clause 4 Article 23 of the Law on Access to Information;

h) Settle petitions, reports, complaints and denunciations, and handle violations concerning access to information in accordance with law regulations;

i) Report to competent state agencies on the implementation of the law on access to information upon request.

2. Heads of agencies and units shall be responsible for ensuring the performance of information provision tasks by their respective agencies and units and promptly handling persons providing information under their management who obstruct citizens’ right of access to information in accordance with law regulations.

3. Persons assigned to provide information shall be responsible for providing citizens with information in a timely, accurate and complete manner; and shall not harass or cause any obstruction or difficulty in the performance of their tasks.

Article 6. Responsibilities of focal units in charge of providing information

1. Arrange persons to act as focal points in charge of providing information to citizens.

2. Receive and process citizens’ requests for provision of information; assume the prime responsibility for, and coordinate with related units in, processing citizens’ requests for provision of information; provide information to citizens or extend the time limit for, or refuse, the provision of information in accordance with regulations.

3. Explain, guide and notify citizens so that they exercise their right of access to information in accordance with the prescribed order and procedures; guide and assist requesters in clearly identifying the name of the document, dossier or material containing the requested information so that they can complete the written request for provision of information fully and accurately.

4. Receive and process, or coordinate with related units in processing reports, petitions, complaints and denunciations of organizations and citizens regarding the provision of information by their respective agencies and units in accordance with relevant laws; make recommendations and proposals to heads of agencies and units concerning issues arising during the processing of citizens’ requests for provision of information.

5. Assume the prime responsibility for, and coordinate with the units creating the information in, handling cases where disclosed information is inaccurate or information provided upon request is inaccurate or incomplete.

6. Monitor and urge the processing of citizens’ requests for provision of information; compile information on the situation and results of information provision within the scope of responsibility of the agencies or units.

Article 7. Formulation and update of the List of information subject to disclosure

1. The unit assuming the prime responsibility for creating information shall identify information included in the List of information subject to disclosure under Article 17 of the Law on Access to Information and transfer it to the focal unit in charge of providing information. The time limit for transferring information shall comply with the regulation of the agency or unit.

2. The focal unit in charge of providing information shall formulate and update the List of information subject to disclosure under Article 17 of the Law on Access to Information.

3. The List of information subject to disclosure shall contain the following contents: Name, number and code of the document or dossier, material; date of creation of the document or dossier, material; and form of disclosure.

In case information is being disclosed in different databases or posted on a portal or website, the List of information subject to disclosure shall contain the following contents: Name of the document, or name of the dossier or material; and instructions on the access address for such information. The List of information subject to disclosure shall be updated in accordance with the regulation of the agency or unit.

4. The List of information subject to disclosure shall be posted in the Section on access to information on the portal or website of the agency or unit responsible for providing information. In case an agency or unit does not yet have a portal or website, this List shall be disclosed on a data portal, content channels or official social media fanpages, or in another appropriate form.

Article 8. Review, classification and checking of information and ensuring the confidentiality thereof before provision of such information to citizens

1. A unit assuming the prime responsibility for creating information shall review, check information and identify information contents in documents, dossiers and materials that constitute information inaccessible to citizens or information accessible to citizens under certain conditions as prescribed in Articles 15 and 16 of the Law on Access to Information; and use technical measures appropriate to the characteristics and nature of the documents, dossiers and materials to remove such information before transferring them to the focal unit in charge of providing information.

2. For dossiers and materials containing both information inaccessible to citizens and information accessible to citizens, where parts of such information can be reasonably separated, the unit assuming the prime responsibility for creating the information shall review and separate the part of the dossier or material containing information accessible to citizens before transferring it to the focal unit in charge of providing information.

The use of technical measures to separate information shall comply with regulations on protection of state secrets, cybersecurity, protection of personal data and other relevant laws, conform to the conditions and implementation resources of the agency or unit, and not affect the normal operation of the agency or unit.

Article 9. Forms to be used in the provision of information upon request

Forms to be used in the provision of information upon request provided in the Appendix issued together with this Decree include:

1. Form of written request for information provision by an individual requesting provision of information: Form No. 01a

2. Form of written request for information provision by citizens through organizations, mass organizations and enterprises: Form No. 01b.

3. Form of Notice on receipt of request for information provision: Form No. 02.

4. Form of Notice on processing of request for information provision: Form No. 03.

5. Form of Notice on extension of the time limit for provision of information: Form No. 04.

6. Form of Notice on refusal of request for information provision: Form No. 05.

7. Form of written consent of related individual or organization: Form No. 06.

Article 10. Order and procedures for provision of information upon request

1. A requester shall submit a dossier of request for information provision to the agency or unit responsible for providing information in one of the forms specified in Clause 1 Article 24 of the Law on Access to Information.

2. A dossier of request for information provision shall comprise a written request for information provision, made according to the Form No. 01a or Form No. 01b issued together with this Decree. A request for information provision specified in Clause 1 and Clause 2 Article 16 of the Law on Access to Information shall be accompanied by the written consent of the related individual or organization made according to the Form No. 06 issued together with this Decree.

In case a written request for information provision does not contain all the contents required under the Form No. 01a or Form No. 01b issued together with this Decree, the agency or unit receiving the dossier shall guide the requester to supplement it.

3. The agency or unit receiving the dossier shall retrieve and check the requester’s information in the National Population Database and relevant specialized database in accordance with law regulations.

In case information cannot be retrieved from the databases or information is incomplete, the agency or unit receiving the dossier shall request the requester to present documents or provide additional necessary information for checking and verifying the information in accordance with law regulations.

4. Time limits for provision of information:

a) For simple and readily available information, the agency or unit shall process the request for provision of information within 3 working days after receiving a valid dossier. In case the requester requests direct provision of information at the office of the agency or unit, the agency or unit shall create conditions for the requester to directly duplicate, photocopy or download documents, dossiers and materials, or shall immediately provide the requested information, in conformity with the conditions of the agency or unit;

b) For complex information that is not available and needs to be compiled from sections of such agency or unit, or information for which opinions of other agencies, organizations or units are required, within 12 days from the date of receipt of a valid dossier, the agency or unit responsible for providing information shall provide the requested information or issue a notice on refusal of the request for information provision as prescribed in Article 27 of the Law on Access to Information;

c) In case additional time is required to review, search for, separate, compile, copy or process the requested information, the agency or unit responsible for providing information may extend the time limit for provision of information by no more than 12 days and shall notify the requester in writing before the expiry of the time limit for provision of information.

5. Duplicating, photocopying or downloading documents, dossiers and materials as specified in Clause 2 Article 24 of the Law on Access to Information shall be carried out under the guidance and supervision of the agency or unit providing information.

Article 11. Provision of information upon request to citizens via organizations, mass organizations and enterprises

1. Citizens’ requests for provision of information through organizations, mass organizations and enterprises (below referred to as organizations) shall be made in case multiple persons in an organization have the same request for access to the same information. The organization shall appoint a representative to make the request for provision of information.

2. The representative shall prepare a List of individuals requesting information, submit a written request for provision of information made according to the Form No. 01b issued together with this Decree to the agency or unit responsible for providing information, and make the request for provision of information in accordance with regulations.

Article 12. Application of information technology and digital transformation in the provision of information

1. Heads of agencies and units shall:

a) Ensure resources, physical facilities and technical measures to promote the application of information technology and digital transformation and enhance the provision of information in the digital environment;

b) Adopt measures to encourage the provision of information in the form specified at Point c Clause 1 Article 24 of the Law on Access to Information;

c) Apply information technology in monitoring and inspecting the processing of requests for provision of information by agencies and units; enhance online and remote data-based monitoring and inspection.

2. The provision of information in the digital environment shall satisfy requirements regarding the accuracy, integrity and authenticity of the provided information and comply with law regulations on protection of state secrets, cybersecurity, protection of personal data and other relevant law regulations.

3. Depending on practical conditions, agencies and units are encouraged to apply artificial intelligence and other digital technologies to provide information and assist citizens in exercising the right of access to information in accordance with law regulations.

Article 13. Responsibilities for monitoring, urging, inspecting and reporting on the implementation of the law on access to information

1. The Ministry of Justice shall guide, monitor, urge and inspect ministries, ministerial-level agencies and People’s Committees at all levels in the implementation of the law on access to information; and consolidate information on the implementation of the law on access to information for reporting in accordance with regulations.

2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall consolidate information on the implementation of the law on access to information within the scope of their management and by public non-business units under their management that are tasked with providing basic and essential public non-business services, and submit reports every 03 years or ad hoc reports at the request of the Ministry of Justice.

Article 14. Expenses for information access and funding for ensuring the implementation of information access

1. Expenses for information access shall be paid by the requesters before the agencies or units provide information, except for the cases where such expenses are not payable as prescribed in Clause 2 Article 25 of the Law on Access to Information and other relevant laws.

2. Funding for the provision of information by state agencies shall be guaranteed by the state budget and included in the norms for allocation of recurrent state budget expenditures. The preparation of estimates, management, use and finalization of funding for the provision of information by state agencies shall comply with the Law on the State Budget and documents detailing and guiding the implementation of the Law on the State Budget.

Amounts collected to cover actual expenses for printing, duplicating, photocopying and sending information by state agencies shall be remitted into the state budget. The collection and remittance of actual expenses for printing, duplicating, photocopying and sending information shall comply the state budget revenue collection procedures prescribed in the Law on the State Budget, the Government’s Decree prescribing administrative procedures in the field of the State Treasury, and guiding documents.

3. Amounts collected to cover actual expenses for printing, duplicating, photocopying and sending information by public non-business units tasked with providing basic and essential public non-business services shall constitute revenues of such public non-business units and shall comply with law regulations on the financial autonomy mechanism applicable to public non-business units.

Article 15. Implementation provisions

1. No later than 06 months from the effective date of this Decree, agencies and units shall complete the issuance of their Regulations on provision of information or internal regulations incorporating contents on provision of information; and develop a Section on access to information on their portals or websites (if any).

2. This Decree takes effect on September 01, 2026.

3. The Government’s Decree No. 13/2018/ND-CP dated January 23, 2018 detailing and providing measures for implementation of the Law on Access to Information shall cease to be effective from the effective date of this Decree.

4. Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related agencies, organizations and individuals shall implement this Decree.

* All Appendices are not translated herein.