NGUYEN LAN HUONG LEGISLATING FOR THE RIGHT OF ACCESS TO PUBLIC INFORMATION IN SWEDISH AND VIETNAMESE LAW SUPERVISORS: DR. BENGT LUNDELL ASS OC. PROF. DR. NGUYEN CUU VIET |
Executive Summary In a democratic society, the relationship between a state and its citizens is intricate and close. The State has a duty to inform the citizens of its official activities and citizens have a right of access to the official information held by the State, in order for them to know what and how the State acts on their behalf and also what the State requires its individual citizens to do to support the State. The communication between the State and its citizens is a prerequisite for a democratic society and the right of access to public information is one of effective means to attain this communication. In order to meet the demands of an informed society, legislating for the right of access to public information has become an important goal for democratic nations all over the world. More and more states have been drafting and adopting laws on access to public information. Vietnam, as a nation and a part of the world, is following this global trend. Actually, the right of access to public information has already been recognized and provided for in the 1992 Vietnamese Constitution (article 69) , and this right has been provided for in detail by some Acts of Parliament. However, these statutory provisions are scattered and not systematized. They have not been codified, which means that sufficient and effective legal measures to guarantee this right in reality have not existed. Therefore, developing a comprehensive law about access to public information is necessary for Vietnam for the present time. My thesis aims to study two of the basic features of the legislation on access to public information in Sweden and in Vietnam within a comparative law framework. They are the scope of information this legislation makes accessible and the process of access that is established by it. In terms of scope, I will look only at information held by administrative authorities, not by the legislative and judicial branches of government. Based on the result of the comparative work, I give recommendations to legislating for the right in Vietnam, particularly in respect of the scope of the right and process to gain the right. |
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