Quick summary: In dispute resolution in Vietnam, individuals and organizations may request agencies and entities to provide certain information that they cannot collect themselves. However, access depends on the type of information, the requester, the consent of relevant persons, and personal data protection requirements. This article explains what information may be requested, how to submit a request, the applicable response timelines, and key risks when using the information as evidence.
On 23 April 2026, the National Assembly passed the Law on Access to Information 2026 (“LAI 2026”), which took effect on 1 September 2026 and replaced the Law on Access to Information 2016. Earlier, on 1 January 2026, the Law on Personal Data Protection 2025 (“LPDP 2025”) also took effect. The enactment of these two laws within a short period reflects the State’s efforts to redefine the boundary between information transparency and personal data protection.
During court or arbitration proceedings, parties may need information that they cannot collect themselves, particularly information held by agencies or entities, or information involving personal data and trade secrets. This article explains how parties may access and use such information in dispute resolution in Vietnam under the LAI 2026 and the LPDP 2025.
1. What information can citizens access?
Citizens may access information held by agencies and entities, except information that is inaccessible or subject to conditional access. Articles 15 and 16 of the LAI 2026 define these two categories as follows:
- First, information that citizens cannot access includes state secrets. If such information is declassified, citizens may access it. This category also includes information whose disclosure could harm State interests, national defense or security, as well as working secrets of agencies and entities, internal documents, and minutes of internal meetings prepared solely for their own operations.
Notably, the category of information to which access is denied also includes information on private life, personal secrets, family secrets, and business secrets. However, there are exceptions as discussed in Section 2 below. - Second, information subject to conditional access requires consent under the LPDP 2025 (“Consent-Required Information”). This category also includes information concerning private life, personal secrets, family secrets, and trade secrets.
In addition, information about archival documents in historical archives must also be handled in accordance with the law on archives.
The head of a state agency may decide to provide such information without prior consent when necessary for the public interest or public health.
Therefore, in addition to information already disclosed under the LAI 2026, citizens seeking Consent-Required Information or other non-public information must follow the statutory procedure for requesting information.
2. How can information be requested?
2.1. What information may be provided upon request?
LAI 2026 limits this to the following three cases:
- The first case covers information that should have been disclosed but remains inaccessible for a reason specified in the LAI 2026, including: (1) information that is within the disclosure period but has not yet been disclosed; (2) information for which the disclosure period has expired; and (3) information currently being disclosed but inaccessible to the requester due to force majeure.
- The second case covers Consent-Required Information discussed in Section 1, provided that all consent requirements are satisfied. For personal data, consent must comply with the four principles and the prescribed methods of giving consent under the LPDP 2025 and Decree No. 365/2025/ND-CP. This is particularly important where a party intends to use a third party’s personal data as evidence. Without valid consent that meets these requirements, collecting or using such data—even for dispute resolution—may expose the parties to legal liability under the LPDP 2025.
- The third case covers information concerning the requester’s own life, daily activities, production, or business, provided that the information is not subject to mandatory disclosure and does not fall within the second case above.
Finally, in addition to the above three contents and in some specific cases, when requested, agencies and units can provide other information created or held by them to protect public interests and the health of the community.
2.2. What Is the procedure for requesting information?
Under Article 24 of the LAI 2026, citizens may submit a request themselves or authorize a representative to do so. Requests may be submitted in person, online, or by post. Requesters may also use a phone or another device to copy, photograph, or download the information.
Regarding costs, Article 25 of the LAI 2026 provides that citizens are not required to pay fees or charges unless otherwise provided by law. However, they must pay the actual costs of printing, copying, photographing, or delivering the information.
Regarding timing, agencies and entities must provide the requested information within 12 to 24 days after receiving a valid request. Parties should take this timeframe into account when planning dispute resolution.
For Consent-Required Information, the requester must attach the relevant written consent. For personal data, the consent must also comply with the principles and methods prescribed by the LPDP 2025 and must be verifiable. In other words, it must identify who gave consent, when consent was given, and what the consent covers. A general or blanket consent is insufficient.
How can BLawyers Vietnam assist clients in collecting and using information as evidence?
When representing clients in dispute resolution, BLawyers Vietnam may assist with:
- Advising on evidence collection under the LAI 2026 and the LPDP 2025 before any collection activities begin, to minimize legal risks;
- Reviewing and classifying relevant evidence, and preparing it in accordance with Vietnamese law for submission to the competent court, arbitral tribunal, or other dispute resolution body;
- Drafting written consents and related documents required before collecting Consent-Required Information; and
- Assisting clients in working with relevant state authorities to collect evidence in accordance with Vietnamese law.
The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.
Date: 15 October 2026
Writer: Thanh Huynh & Trang Le
