Decision No. 1301/QD-BTP dated June 07, 2018 promulgating regulation on provision of information for citizens by Ministry of Justice

DECISION

PROMULGATING REGULATION ON PROVISION OF INFORMATION FOR CITIZENS BY MINISTRY OF JUSTICE0}

THE MINISTER OF JUSTICE

Pursuant to the Law on Access to Information dated April 06, 2016;

Pursuant to the Government’s Decree No. 13/2018/ND-CP dated January 23, 2018 providing guidelines for implementation of the Law on Access to Information;

Pursuant to the Government’s Decree No. 96/2017/ND-CP dated August 16, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Justice;

At the request of Director of Department of Criminal and Administrative Legislation,

HEREBY DECIDES:

Article 1.Regulation on provision of information for citizens by the Ministry of Justice is promulgated together with this Decision.

Article 2.This Decision comes into force from July 01, 2018.

Article 3.Chief of Ministry Office , Director of Department of Criminal and Administrative Legislation, Director of Department of Information Technology, heads of affiliates of the Ministry of Justice and relevant organizations are responsible for the implementation of this Decision./.

REGULATION

PROVISION OF INFORMATION FOR CITIZENS BY THE MINISTRY OF JUSTICE
(Enclosed with the Decision No. 1301/QD-BTP dated Jun 07, 2018 of the Minister of Justice)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This document provides for disclosure and provision of information at the request of citizens within the jurisdiction of the Ministry of Justice to provide information as prescribed by the Law on Access to Information.

2. 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 shall be provided in accordance with relevant regulations of law.

Article 2. Rules for providing information

1. Information is provided for citizens in a timely, sufficient, accurate, transparent and convenient manner, in compliance with regulations of law and in a manner that does not violate regulations on security.

2. Close and effective cooperation between authorities and units is ensured during provision of information.

3. Funding and infrastructure for provision of information are provided in accordance with regulations of law and according to features, conditions and demands of the Ministry of Justice.

Chapter II

RESPONSIBILITY ASSIGNMENT

Article 3. Assigning leaders of the Ministry to provide information

1. The Minister shall take responsibility for provision of information by the Ministry of Justice. The Minister shall assign a Deputy Minister to assist the Minister to be in charge of provision of information.

2. The Deputy Minister in charge of provision of information shall direct provision of information, propose and report requirements for provision of information to the Minister.

The Deputy Minister in charge of provision of information shall consider, decide or consult the Minister when necessary about the cases specified in Clause 2 Article 6, Clause 3 Article 7, Clause 2 Article 17, Point e Clause 1 Article 18, Clause 5 Article 19, Clause 4 Article 23 of the Law on Access to Information.

Article 4. Agencies in charge of provision of information for citizens by the Ministry of Justice

1. The Ministry Office is the agency in charge of receiving information request and returning results upon request.

2. Departments of Civil Judgment Enforcement of provinces and central-affiliated cities shall provide information created themselves and information created by affiliated Sub-departments of Civil Judgment Enforcement. Directors of Departments of Civil Judgment Enforcement of provinces and central-affiliated cities shall promulgate regulation on their provision of information.

Article 5. Responsibilities of Chief of the Ministry Office

1. Assign officials to be in charge of providing information; arrange schedule for receipt of information request and return of results at the citizen reception office of the Ministry of Justice.

2. Organize and direct receipt and response to request for information; comply with rules, methods, procedures and time limit for providing information as prescribed.

3. Organize and direct provision of explanation and guidelines for citizens about their right of access to information; receive, handle or cooperate with units in handling reflections, propositions and complaints about provision of information by the Ministry as prescribed by law.

4. Decide or cooperate with units in deciding to refuse to provide information or extend time limit for providing information upon request.

5. Take charge of managing information access categories and information management software.

6. Cooperate with affiliates of the Ministry in following procedures for disclosing information by posting information on the Official Gazette and via mass media as prescribed; provide information through the reception of citizens, press conference, press release, activities of spokespersons of the Ministry of Justice.

7. Take charge and cooperate with units in charge of creating information in taking actions against disclosure and provision of inaccurate information.

8. Organize supervision, encouragement, inspection and reporting of disclosure of information and provision of information at the request of the Ministry of Justice.

Article 6. Responsibilities of Director of Department of Information Technology

1. Establish and fulfill technical requirements to operate information access categories on the web portal of the Ministry of Justice.

Information access categories include list of information subject to mandatory disclosure, list of accessible information with particular conditions; information about units in charge of providing information and information request receiving authorities; date of receipt of information request at authorities; instructions and documents provided for applicants for the provision of information; links to access and download information (if any) and other contents (if any).

2. Design information management software.

3. Provide guidelines for affiliates of the Ministry about application of information; digitization, digital signatures; techniques and procedures for the storage of information and information management system during provision of information by the Ministry of Justice.

Article 7. Responsibilities of heads of Ministry’s affiliates in charge of creating information

1. Assign officials to be in charge of providing information.

2. Take responsibility for result of checking and inspection of secret of information, classify and ensure accuracy of information. During checking and inspection of secret of information and classification of information that is complicated and concerns multiple fields, the unit in charge of creating information may consult relevant affiliates of the Ministry. Where necessary or under the regulations of this document, the head of the unit in charge of creating information shall consult his/her supervisory Deputy Minister about determination of secret of information.

3. Organize update and posting of information subject to mandatory disclosure and accessible information with particular conditions in the information access categories on the web portal of the Ministry of Justice.

4. Direct search for information concerning the fields under their management and transmit it to the Ministry Office in order to provide information upon request or propose refusal of request for information or extension of time limit for providing information.

5. Cooperate with the Ministry Office in responding to reflections, propositions and complaints about provision of information by the Ministry as prescribed by law.

Article 8. Officials in charge of providing information

1. An official in charge of providing information shall:

a) receive request for information and return results to citizens upon request;

b) provide explanation and guidelines for citizens about their right of access to information as prescribed by law; instruct and assist applicants to clearly determine name of documents containing the information required to fill in the information request form in a sufficient and accurate manner;

c) notify the Chief of Ministry Office of the issues that arise during response to the request for information.

2. Full name and position of the person in charge of providing information; postal address, telephone, fax and email for receipt of the request for information shall be disclosed in the information access categories on the web portal of the Ministry of Justice.

Chapter III

DISCLOSURE OF INFORMATION

Article 9. Processing information before disclosure

1. Regarding the information subject to mandatory disclosure prescribed in Article 17 of the Law on Access to Information, after checking and inspecting its secret, the unit in charge of creating information shall remove inaccessible information and accessible information with particular conditions before disclosure.

2. Inaccessible information and accessible information with particular conditions before disclosure shall be removed manually or using technical measures relevant to features and nature of the document.

Article 10. Disclosing information in information access categories on the web portal of the Ministry of Justice

1. 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 shall 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 shall be attached to the list of information subject to mandatory disclosure.

2. 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.

3. Procedures for disclosing information in the information access categories on the web portal of the Ministry of Justice are prescribed in the Appendix 01 hereof.

Article 11. Posting information on Official Gazette and at authorities

1. The unit in charge of creating information shall take charge and cooperate with the Ministry Office in following procedures 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.

2. Regarding the information which is disclosed at authorities, 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.

Article 12. Disclosing information through mass media, reception of citizens, press conference, press release and activities of spokespersons of the Ministry of Justice

1. The unit assigned to make statements and provide information to the press shall disclose information in accordance with the Regulation on the making of statements and provision of information by the Ministry of Justice to the press.

2. The unit assigned to receive citizens shall provide information for citizens in accordance with the Regulation on citizen reception by the Ministry of Justice.

Article 13. Taking actions against disclosure of inaccurate information

1. If the information which the Ministry of Justice creates and discloses is found inaccurate or the information which the Ministry of Justice discloses but is created by another authority is found inaccurate, the Ministry Office shall take charge and cooperate with the unit in charge of creating information to correct such inaccurate information and disclose the corrected information.

2. If the information which the Ministry of Justice creates but is disclosed by another authority is found inaccurate, the Ministry Office shall request the information-disclosing authority to promptly correct such inaccurate information and disclose the corrected information.

3. In the cases where an organization or citizen expresses their proposition about disclosure of inaccurate information, the Ministry Office shall cooperate with the unit in charge of creating information to check and promptly correct such information and disclose the corrected information within 15 days from the receipt of the proposition.

Chapter IV

PROVISION OF INFORMATION UPON REQUEST

Article 14. Receipt of information request form

1. The Ministry Office shall 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 shall instruct the applicant to complete it as prescribed.

2. The Ministry Office shall enter information requests into its records of information provided upon request.

Article 15. Keeping records of information provided upon request

1. The Ministry Office shall keep a record of information provided upon request. The record of information provided upon request shall be kept on a yearly basis.

2. In the cases where a physical record of information provided upon request is used, contents of the record are provided in the Appendix 02 hereof.

In the cases where an electronic record of information provided upon request is used, contents of the record are provided in the Appendix 02 hereof and contents about complaints (if any) should be additionally specified.

Article 16. Notice of response to information request

1. After receiving the satisfactory information request form, the Ministry Office shall 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 shall 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 shall be sent to the applicant at the authority or electronically, by post or by fax.

2. 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 prescribed in Clause 1 of this Article.

Article 17. Consolidating and processing information for provision of information upon request

1. Regarding the requested information that is the one specified in Points b and c Clause 1 and Clause 2 Article 23 of the Law on Access to Information or information that used to be provided upon request or information that is simple and available in the records of the authority, the person in charge of providing information shall consider conditions as prescribed by law and provide information for the applicant.

2. In the cases where information is not available as prescribed in Clause 1 of this Article or is considered necessary for a consultation with the unit in charge of creating information, within 01 working day from the receipt of the satisfactory request, the Ministry Office shall request the unit in charge of creating information to cooperate in responding to the information request.

Within 03 working days from the receipt of the satisfactory request, the Ministry Office shall send a notice of time limit for responding to the information request using the Form No. 03 hereof.

Within 05 working days from the receipt of the information request submitted by the Ministry Office, the unit in charge of creating information shall consider removing inaccessible information and accessible information with particular conditions (if contained in documents) and submit them to the Ministry Office for issuance of the notice of response to the information request (Form No. 03 enclosed with the Decree No. 13/2018/ND-CP) or shall request the Ministry Office to refuse to provide information or extend the time limit for providing information

Within 15 working days from the receipt of the satisfactory request, the Ministry Office shall send provide information for the applicant or a notice of its refusal to provide information or a notice of extension.

Article 18. Provision of information upon request

1. In the case of provision of information upon request at an authority, the Ministry Office shall provide equipment for reading, listening to, watching, recording and taking photograph of information at the citizen reception office in a manner that is appropriate to the methods for containing information, methods for providing requested information and entities accessing information, and enables disabled persons to access information as prescribed in the Government’s Decree No. 13/2018/ND-CP dated January 23, 2018 providing guidelines for implementation of the Law on Information Access.

2. The person in charge of providing information shall provide information for the applicant electronically if all conditions specified in Clause 1 Article 30 of the Law on Information Access are satisfied. Information shall be electronically provided using the email [email protected].

3. The person in charge of providing information upon request shall provide information by post or by fax at the request of the applicant.

4. Procedures for providing information upon request are specified in the Appendix 04 hereof.

Article 19. Extension of time limit for providing information

1. As proposed by units or requested, the Chief of Ministry Office shall decide to extend time limit for providing information in case it is necessary to consider, retrieve, gather, duplicate or respond to the request for information.

2. Time limit for extend time limit for providing information is prescribed in the Law on Information Access.

Article 20. Taking actions against inaccurate information provided upon request

1. If the provided information is found inaccurate, the Ministry Office shall, within 05 working days from the date on which the provided information is found inaccurate, correct such information and provide the corrected information itself or cooperate with affiliates of the Ministry in doing so.

2. If the applicant for information expresses his/her proposition about provision of inaccurate information, the Ministry Office shall take charge and cooperate with relevant units in checking the accuracy of such information and responding to the applicant’s proposition. If the information provided upon request is found inaccurate, the Ministry Office shall promptly correct such information and provide the corrected information within 15 days from the receipt of the proposition as if the provision is provided for the first time.

Article 21. Receipt and management of access to information request fees

1. Receipt and methods for receipt of access to information request fees are prescribed by the Ministry of Finance.

2. Ministry Office shall manage and use access to information request fees in accordance with regulations of the Ministry of Finance and under the guidance of the Department of Planning - Finance.

Chapter V

IMPLEMENTATION

Article 22. Implementation

This documents applies to requests for information made by foreigners residing in Vietnam; citizens’ requests for information submitted through organizations and enterprises.

Article 23. Organizing implementation of the document

1. Heads of affiliates of the Ministry of Justice shall disseminate contents of this document to their officials, public employees and employees, direct processing of information as prescribed; promptly report difficulties that arise during the implementation to the Ministry Office.

2. The Ministry Office shall supervise, expedite and inspect the implementation of this document by affiliates of the Ministry, promptly report difficulties that arise to leaders of the Ministry and request them to make amendments to this document when necessary.

3. The Department of Personnel and Organization shall ensure adequate personnel for provision of information; provide training in provision of information for officials.

4. The Department of Planning - Finance shall provide funding, infrastructure and equipment necessary for provision of information and provide guidelines for receiving, managing and using access to information fees as prescribed by law.

5. General Director of General Department of Civil Judgment Enforcement shall expedite, instruct and inspect the promulgation and implementation of the regulation on provision of information by local civil judgment enforcement agencies.

Article 24. Providing condemnations and imposing disciplinary penalties

1. Officials, public employees and employees of affiliates of the Ministry of Justice shall be provided with condemnations for their achievements in provision of information by the Minister of Justice or competent authorities as prescribed by the Law on Emulation and Condemnation.

2. Officials, public employees and employees of affiliates of the Ministry of Justice shall face disciplinary penalties for their violations against regulations of this document according to the nature and degree of such violations.

APPENDIX 01

PROCEDURES FOR DISCLOSING INFORMATION ON THE WEB PORTAL OF THE MINISTRY OF JUSTICE