Safeguard B Detail

Content with Safeguard B B1.1 times .


In Viet Nam, access to information is defined as the reading, watching, listening, reproduction and photocopying of information, including details and data that are contained in existing documents and papers and stored in any forms such as writings, printouts, electronic texts, pictures, photos, drawings, tapes, disks, video recordings, audio recordings or in other forms produced by state agencies[1]. Information is to be freely accessible to citizens, except for information that is explicitly characterised as inaccessible or subjected to certain conditions[2]. Access to information includes both the disclosure of information to the general public as well as the provision of information upon request[3].

The right to access to information is recognised in Viet Nam's Constitution (2013)[4] and in the Law on Access to Information (2016)[5] as well as related documents including Government Decree No. 13/2018/ND-CP regulating detailed provisions and measures for implementation of the Law on Access to Information (2016) (Article 2).  People may freely access information which is disclosed publicly or may request access to most information through submission of a form[6]. State agencies responsible for information provision of information are provided with instructions on the updating and disclosure of information for which they are responsible[7]. Guidance is also provided on how agencies should provide information following a request[8]. Some information is explicitly characterised as inaccessible or subjected to certain conditions[9]. Assurances of publicity and transparency with regard to information provision are also provided in the Anti-Corruption Law (2005). If access to information is refused, citizens have a right to complain according to the provisions of the Law on Complaints (2011)[10].

The Ministry of Information and Communications is responsible for providing technical guidelines on the implementation of the Law on Access to Information (2016). The Ministry of Justice is responsible for monitoring overall implementation. The Government Inspectorate is responsible to carry out overall State management of settlement of complaints under the Law on Complaints (2011) throughout the country. The Supreme People's Court, the Supreme People's Procuracy, the State Audit Office, the Office of the National Assembly, the State President's Office and other State agencies, as well as equivalent local bodies within their localities, manage the settlement of complaints within the scope of their functions, tasks and powers. The Viet Nam Fatherland Front and its member organisations supervise the observance of the legislation on complaints according to the provisions of the Law.

 

[1] The Law on Access to Information (2016), Article 2 (1,3).

[2] The Law on Access to Information (2016), Articles 5, 6 & 7.

[3] The Law on Access to Information (2016), Chapter II (disclosure of information) and Chapter III (provision of information upon request).

[4] The Constitution of Viet Nam (2013), Article 25.

[5] The Law on Access to Information (2016).

[6] The Law on Access to Information (2016), Articles 10, 18 & 23.

[7] The Law on Access to Information (2016), Articles 9 & 34.

[8] The Law on Access to Information (2016), Articles 29 & 30.

[9] The Law on Access to Information (2016), Article 6.

[10] The Law on Complaints (2011), Articles 14 & 15


The National REDD+ Programme sets out that the Ministry of Information and Communications will lead and coordinate with the Ministry of Agriculture and Rural Development in working with the media on to raise awareness and responsibilities in REDD+ implementation among relevant agencies, organisations and people[1]. The section on Safeguard D includes information on consultation and participation mechanisms for REDD+.

A number of information sharing mechanisms and channels have been established to date to support Viet Nam's National REDD+ Programme:

  • A national REDD+ website, which provides information to the public on REDD+ in Viet Nam, maintained by the State Steering Committee Office for the Target Programme on Sustainable Forest Development for 2016-2020 and REDD+ Implementation.
  • A REDD+ Information Portal[CH1] , which provides information to the public on progress of REDD+ implementation, including spatially-explicit information on REDD+ planning and forest cover changes based on national Measurement, Reporting and Verification (MRV) data. The portal is also part of the FORMIS Platform, the Government’s information system for the forestry sector.
  • A Viet Nam REDD+ Database[CH2] , which provides information to authorised users on donor-supported REDD+ projects and initiatives. 
  • The REDD+ Network, including technical working groups and an open listserve including national and local, as well as government and non-government, members.
  • Regular newsletters of REDD+ highlights.

 

[1] NRAP 2017, Decision No 419/QD-TTg dated 5/4/2017.

 


The following section presents information on national-level information sharing relevant to REDD+. This includes information on the implementation of relevant policies, laws and regulations, as well as figures specific to REDD+ information-sharing mechanisms.


The national guidelines on the development of Provincial REDD+ Action Plans[1] assigns responsibilities for information sharing and communications on REDD+. Provincial Departments of Agriculture and Rural Development and Provincial People's Committees are instructed to conduct communication and education activities to raise awareness of related stakeholders, along with other departments responsible for communication, awareness raising and capacity building activities on gender equality, mobilisation of ethnic minorities in REDD+ activities, and REDD+ mainstreaming in programmes and projects for ethnic minorities who live in and near forests.

Under the Emission Reductions Program of the Forest Carbon Partnership Facility (FCPF) Carbon Fund (covering six provinces in the North-Central Coast Region of Viet Nam), activities on communications are aimed at 'timely published information on ER program to stakeholders' and 'documented and shared lessons learnt and results of the ER program'[2]. The ER Program adopts an Adaptive Collaborative Management Approach (ACMA), to be operationalised through proposed local Forest Management Councils (FMCs). FMC's are to implement a range of tasks, including: establish communication networks, to facilitate the exchange of information for all stakeholders to access[3].

 

[1] Chapter 2, part V, MARD Decision No. 5414/2015/QD-BNN-TCLN.

Vietnamese: 

http://vietnam-redd.org/Upload/Download/File/5414_QĐ-BNNTCLN_PRAP_guidelines_5755.pdf;

English: 

http://vietnam-redd.org/Upload/CMS/Content/Library-GovernmentDocuments/Decision%205414.PRAPguidelines.EN.pdf

[2] Forest Carbon Partnership Facility (FCPF) Carbon Fund. Emission Reductions Program Document (ER-PD). Date of Submission: 5 January 2018

[3] Emission Reductions Program Document (ER-PD). Annex 8: Adaptive Collaborative Management Approach (ACMA) and Benefit Sharing Mechanism (BSM). Date of Submission: 5 January 2018.


The following section presents information on provincial-level information sharing relevant to REDD+. This includes figures specific to the operation of REDD+ information-sharing mechanisms in the provinces.