Expert Critique of Draft Law: Case Study on Health Information of Former FLC Chairman Trinh Van Quyet

On January 30th, the Central Committee of the Vietnam Fatherland Front (VFF) held a social critique conference for the draft Law on Access to Information (amended).

The draft Law on Access to Information (amended) consists of 4 chapters and 31 articles, a reduction of 1 chapter and 6 articles compared to the 2016 Law on Access to Information. Chapter I includes general provisions (Articles 1 to 6), covering the scope of application, interpretation of terms, principles for ensuring the right to access information, application of laws on access to information, prohibited acts, and handling of violations.

Chapter II outlines the rights and obligations of citizens and the responsibilities of agencies and organizations in ensuring the right to access information (Articles 7 to 13). It details who can exercise the right to access information, the rights and obligations of citizens in accessing information, methods of accessing information, the scope and responsibility for providing information, the responsibility of agencies and organizations in ensuring the right to access information, supervision of the implementation of this right, and procedures for complaints, lawsuits, and denunciations.

Chapter III focuses on the disclosure of information and the provision of information upon request (Articles 14 to 28). It specifies the types of information citizens can access, information that is restricted, and information that is conditionally accessible. It also covers the disclosure of information and the provision of information upon request.

At the conference, delegates praised the draft’s advancements over the 2016 Law, particularly the expansion of entities responsible for providing information.

Dr. Nguyen Minh Phong, a member of the Economic Advisory Council of the VFF Central Committee, highlighted several positive aspects of the draft, such as clearly defining prohibited acts, the right to complain and seek compensation, and the inclusion of additional information that must be disclosed.

However, Dr. Phong noted the need to specify certain provisions in the draft law. He suggested adding a clause that explicitly prohibits the concealment of information or the refusal to provide information to protect individual or group interests, under the guise of national security or personal privacy.

Dr. Phong cited recent social media discussions about the “miraculous recovery” of Trinh Van Quyet, former Chairman of FLC Group, who was previously reported to have a life-threatening illness but recently appeared in good health.

“This is the downside of information. Such a provision is necessary, as without it, the situation could become dangerous,” Dr. Phong warned, referring to the potential recurrence of cases like the misinformation about Mr. Trinh Van Quyet’s health.

After hearing the feedback, Prof. Dr. Tran Ngoc Duong, Head of the Advisory Council on Democracy and Law of the VFF Central Committee, emphasized that the goal of amending the Law is to address existing issues and better ensure the right to access information in line with Vietnam’s current socio-economic context. The drafting committee should comprehensively revise and supplement the law, expanding the list of information providers, the scope of accessible information, and the methods of provision. This will enable citizens to access information more quickly, conveniently, and cost-effectively.