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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 ^[6] 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^[7]. State agencies responsible for information provision of information are provided with instructions on the updating and disclosure of information for which they are responsible^[8]. Guidance is also provided on how agencies should provide information following a request^[9]. Some information is explicitly characterised as inaccessible or subjected to certain conditions^[10] . Assurances of publicity and transparency with regard to information provision are also provided in the Anti-Corruption Law (2018)^[11]. The law stipulates on the principle of publicity and transparency: Agencies, organizations and units must publicly and transparently disclose information about their organizations and operations, except for contents of state secrets, business secrets and other contents as prescribed by law. The publicity and transparency must ensure accuracy, clarity, completeness and timeliness in accordance with the order and procedures prescribed by competent agencies, organizations and units and in accordance with the provisions of law. Forms of information disclosure through meetings, posting at the headquarters of the agency, written notices, publications, announcements on the mass media, posting on electronic portals, websites, hold press conferences, and provide information at the request of agencies, organizations, units and individuals.

If access to information is refused, citizens have a right to complain according to the provisions of the Law on Complaints (2011) ^[12].  In addition, Citizens have the right to publicize information and request the provision of complete, accurate, and timely information in accordance with the Law on Implementing Democracy at Grassroots(2022)^[13].

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)^[12] 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] Decree No. 13/2018/ND-CP

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

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

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

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

[11] The anti-corruption Law (2018)

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

[13] Law on Implementing Democracy at Grassroots (Law No. 10/2022/QH15 of the National Assembly, effective from July 1, 2023.

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REDD+ information sharing mechanisms at national level

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.

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• National level

  • The following section presents information on how information on REDD+ strategies, implementation and safeguards has been made available. This includes information on the implementation of relevant policies, laws and regulations, as well as data specific to REDD+ information-sharing mechanisms.

     
    • Implementation of the Law on Access to Information
    • Access to information on REDD+ safeguards
      • SIS webpage statistics, 2018-2022
      • Summaries of Information [link to where they are stored in SIS]
    • REDD+ Network
• Provincial/sub-national level

  • 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].

  • 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.

[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.

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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.

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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.

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A number of risks related to accountability and corruption control have been identified through REDD+ planning processes at the national and subnational levels. A 2017 assessment of potential benefits and risks arising from National REDD+ Programme^[1] policies and measures identified risks in this area focused on the potential for 'elite capture' of REDD+ processes and/or benefits. For example, such risks may include:

• A lack of transparency and manipulation of consultations processes for environmental impact assessment/strategic environmental assessments;
• Financial mechanisms (such as business incubators) may better serve the interests of the private sector at the expense of smallholders; and
• Elite capture of business models and associated benefits for managing and conserving natural forests.

The assessment at the national level also put forward a number of suggested measures for addressing the identified risks related to accountability/corruption control, especially elite capture, including:

• Ensure inclusive, participatory and transparent consultation processes, with clear guidelines covering selection of representatives, inclusiveness, information sharing/disclosure, consent processes, and so on.
• Develop clear policies, principles, standard operating procedures and guidelines for financial mechanisms  and business models, in order to enhance social co-benefits and address social risks; attention should focus on developing and operationalising safeguards to protect rural communities and smallholders involved in producing key commodities.
• Clarify and implement forest land allocation procedures to address issues of inequity and inequality, and to enhance positive social impacts. There should be capacity-building for public sector implementation agencies (e.g. Forest Management Boards, extension agencies) on safeguards measures and procedures.

In addition, Grievance Redress Mechanisms (GRMs) relevant to REDD+ in Viet Nam are expected to address complaints and disputes related to issues of accountability, corruption and elite capture (see Safeguard B2). The processes in place to ensure the transparency and fairness of benefit sharing are also covered under Safeguard B2.

At the sub-national level, analysis of social and environmental risks and benefits was required for the development of Provincial REDD+ Action Plans (PRAPs)^[2]. In specific sub-national locations, assessments have also been carried out through the Strategic Environmental and Social Assessment (SESA) during the development of the FCPF Emission Reductions Program (ER Program)  in the North-Central Region of Viet Nam, and through the assessment of Environmental and Social Considerations for the Project for Sustainable Forest Management in the Northwest Watershed Area (SUSFORM-NOW) funded by the Japan International Cooperation Agency (JICA).The ER Program’s SESA and ESMF, for example, identifies a number of risks related to 'elite capture', for example of REDD+ benefits and access to forest resources^[3].

 

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

[2] Chapter 3, MARD Decision No. 5414/2015/QD-BNN-TCLN.

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

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International funding

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Domestic funding

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Number of provinces participating in REDD+ that make available information on REDD+ related budgets and/or expenditures

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