The Right to Access Information: Perspectives from Lawsuits of Refusal to Information Supply in Selected Countries and Vietnam

Abstract

The right to access information constitutes a fundamental entitlement for citizens across numerous jurisdictions worldwide. In Vietnam, the Law on Access to Information became effective on 1 July 2018. Despite certain inherent shortcomings both objectively and subjectively encountered during its implementation, Vietnamese citizens have begun utilizing this legal framework to solicit information. In instances where requests are denied, individuals have resorted to lodging complaints or initiating administrative lawsuits. As of 15 May 2023, Vietnamese courts have overseen four administrative cases directly linked to the right to access information. This study centers on these four administrative cases, scrutinizes Vietnamese regulatory statutes concerning information access, and suggests avenues for improvement to ensure the practical realization of the right to access information, which inherently embodies the protection of rights. Employing analytical legal research methodology, this paper analyzes pertinent legal provisions governing information access. Additionally, research methodology of case study are conducted, such as analyze and compare judgments pertaining to information denial in various selected countries and Vietnam. Ultimately, an analytical approach rooted in the Vietnamese legal theory and law is employed to draw conclusions and provide recommendations.