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Mode n society demands mode n equi ements of gove nance, such as effectiveness, efficiency, and dive sity of se vices; disclosu e, t anspa ency, and accountability, pe sonal secu ity, th[r]
(1)OPENNESS, TRANSPAREN Y AND A O NTAB L TY
N P BL GOVERNAN E: ADVANTAGES AND ALLENGES
FROM T E ND STR AL REVOL T ON 4.0
A/Prof Dr Da Tua 1- Vu ĩ L
Today, the use of technology and applications gained f om the Indust ial Revolution is a equi ement ofgood/mode n gove nance to p omote disclosu e and t anspa ency, the eby cont ibuting effectively in the fight against co uption Ho eve , ecent technological advances have also int oduced many challenges to gove nance, especially in the a ea of accountability in the application of a tificial intelligence (AI) in the public secto The fi st pa t (Pa t ) of this a ticle int oduces the oỉe of Indust y in the t ansition f om t aditional gove nance to mode n/good gove nance The second pa t (Pa t 2) of this pape analyzes the benefits, and the thi d pa t (Pa t 3) analyzes the challenges of Indust y in disclosu e, t anspa ency, accountability, and anti-co uption
T e Role oft e I dustr al Revolut o t e Tra s t o from Trad t o al Gover a ce to Moder /Good Gover a ce
Since the t entieth centu y, administ ative po e and the o ganization of public administ ation have expanded a ound the o ld Public administ ation has g adually become a p ivileged position fo politicians and civil se vants; hile citizens a e conside ed consume s of public goods and se vices and a e passive eceive s of public policies and consequences of state gove nance This fo m of state-cente ed gove nance f equently esults in lo gove nance efficiency, incompetence,
(2)Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce
cente ed gove nance f equently esults in lo gove nance efficiency, incompetence, insufficient legitimacy, and gene ally lacks the necessa y esou ces and capacity to be effective Fu the mo e, t aditional state-cente ed gove nance has many issues and difficulties such as co uption and abuse of po e , lack of t anspa ency and accountability, incompetent public se vice appa atus, lo quality of public se vices, lo esponsiveness, limited pa ticipation and lo people’s confidence, and lack of motivation to innovate Mode n gove nance, o good gove nance, has ecently been int oduced as a supe io alte native that has the potential to add ess all the issues that plague t aditional state-cente ed gove nance models Since the 0s, developed count ies (such as The United States, Japan, the United Kingdom, Ne Zealand, and Canada) have been efo ming thei gove nance mechanism by concent ating on ne management methods that place mo e emphasis on human ights, civil ights, the imp ovement of the democ atic natu e of public se vices, and p omoting mo e public pa ticipation in the gove nance p ocess
Unlike t aditional gove nance cente ed a ound the state, he e the gove nment exe cises the ight to ule and to pass out se vices, and the public a e passive eceive s of such se vices, mode n gove nance is cente ed a ound the people In mode n and democ atic gove nance, the public plays an active and essential ole in all gove nance p ocesses such as planning, p omulgation, decision making, to the implementation of policies and la s “Good gove nance” is a novel ay of gove nance that has ecently become inc easinglypopula and isactivelyp omotedbyboth egional and inte national development o ganizations Many economists believe that the effectiveness of economic efo ms depends st ongly on healthy and good political institutions The co e ob ective of good gove nance is to imp ove political institutions and foste economic development and hence, is based on institutional p inciples and equi ements that p omote t anspa ency and educe co uption Mo e specifically Good Gove nance is based on the follo ing basic p inciples: the ule of la , t anspa ency, accountability, fai ness, se vice, efficiency and effectiveness, consensus; data and fo ecast based decision, t ust, and pa tne -stakeholde equality in the gove nance p ocess
(3)Gove nance is the gove nance p ocess that p omotes the esponsiveness of institutions to p ovide eauitable se vices to all As a esult, the public achieves a st ong consensus on policies and the implementation of such systems, la s* socio-political st uctu es, the eby, esulting in a society ith a high level of ustice, fai ness, human ights, and civil ights Policies a e implemented, and la s a e enfo ced by a va iety of institutions: f om t aditional institutions such as state agencies, political pa ties, to mo e dive se nont aditional entities in the p ivate secto and civil o ganizations In this sense, Democ atic Gove nance add esses the question of ho to o ganize a society to ensu e equality and fai ness fo all citizens Good gove nance ith many cha acte istics of democ atic gove nance is said to be a necessa y condition fo economic development and hence, is actively p omoted by inte national o ganizations in development p og ams2
The goal of state gove nance is to build a t anspa ent, st eamlined, dynamic, and effective gove nance system that aims to se ve, athe than to gove n the people The mode n gove nance model emphasizes co e p inciples such as expanding citizen pa ticipation in state management activities; policymaking on the p inciple of public consensus; building a esponsible and t anspa ent administ ation ith st ong accountability efficiency and effectiveness that is fai unde the ule of la Thus, state gove nance is the exe cise ofpo e to se ve the people, ensu ing the ole and voice ofthe people,building a st eamlined, dynamic, and effective administ ation The people a e f ee and encou aged to exe cise di ectly o indi ectly thei o ne ship in the p ocess th ough active ep esentative entities In o de to achieve this, the gove nment appa atus must al ays ensu e t anspa ency f om the p ocess of p oviding info mation to the p otection of the fundamental ights of the citizens The mode n gove nmental system needs to c eate a b oad consensus in society and must al ays st ive to inc ease the quality of life of the people Fu the mo e, good gove nance must also cont ibute to the fight against co uption and gove nment astefulness Expe ience sho s that capable gove nance states a e also effective p evention and cont ol of co uption and pove ty Fighting against co uption and astefulness also cont ibutes to ensu ing the nation’s ise
Hie Indust ial Revolution (o the Fou th Indust ial Revolution) stems f om the concept of “Indust y 0” in a Ge man gove nment epo t in 20 Subsequently, Noha El-Mika y Ingvild Oia, ‘Unde standing and P og amming fo Linkages: Democ atic Gove nance and Development’ Discussion Pape UNDP Oslo Gove nance Cent e
2Ahmadzand Saleem A, ‘Impact of Gove nance on Human Development’ (20 4) Vol (3) Pakistan Jou nal of Comme ce & Social Siences 2-628
(4)Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce
Klaus Sch ab, founde and executive chai man ofthe Wo ld Economic Fo um has come up ith a mo e efined concept: “The fi st indust ial evolution used ate and steam ene gy to mechanize p oduction The second indust ial evolution took place thanks to the application of elect icity fo mass p oduction The thi d indust ial evolution used elect onics and info mation technology to automate p oduction No , the fou th indust ial evolution is eme ging f om the thi d evolution, b inging technologies togethe , blu ing the lines bet een physics, digital technology, and biology ” Mo e specifically, the fou th indust ial evolution as c eated by the conve gence of novel technologies such as IoT, o the Inte net of things, obotics, 3D p inting technology, cloud computing technology, i eless technology, (AI), nanotechnology, advanced mate ials science, ene gy sto age, and quantum computing Indust y Revolution ill take place in th ee main a eas, including biological tech, digital technology, and physics The co e elements of digital technology in Indust y ill be AI, Inte net of Things (IoT), and Big Data The b eakth ough advancement of Indust y is no “unp ecedented in histo y” Compa ed to p evious indust ial evolutions, is evolving in a function exponential athe than a linea ate
(5)the application of technological achievements, especially digital technologies, has the potential to t ansfo m and p omote eood gove nance in any o ganization o any count y
Mode n society demands mode n equi ements of gove nance, such as effectiveness, efficiency, and dive sity of se vices; disclosu e, t anspa ency, and accountability, pe sonal secu ity, the ight to pa ticipate in the gove nance p ocess, f ee election; the connectedness bet een the state and the people, the ight to info mation and access to info mation, the ight to monito and evaluate the quality of public se vices, etc The application of info mation technology and communication technology is a g eat ay to ealize these equi ements Achievements in info mation technology, communication technology and othe applications b ought about by Indust y have many positive impacts on gove nance, such as stimulating changes in public se vices, p omoting quality of public se vices and the quality of decision making, and bolste ing supe vision and people’s ight to pa ticipation; and p omoting democ acy Digital-based gove nment (o Sma t Gove nance), ith the adaptation of advance technology has cont ibuted eno mously to building and p omoting t anspa ency, disclosu e, pa ticipation, and effective gove nance Ihe advancement and application of Indust y have c eated many positive impacts on gove nance and many ne gove nance st uctu es, such as e-gove nment, AI gove nment, open gove nment, open data, and sma t cities
'The application of info mation technology and communication technology in the Indust y e a in public gove nance is also ve y dive se Gene ally, e can divide the use of technology to gove nance into t o app oaches:
hefirst, app oach is the top-do n app oach, in hich the gove nment makes effo ts to make info mation mo e accessible, to use technology to each the public and p omote the efficiency of gove nment activities th ough the use of technology
he second, app oach is the bottom-up app oach, in hich the e a e g ass oots effo ts to connect the public to unify thei voices and empo e them to hold the gove nment mo e accountable
In the t ansition f om t aditional gove nance to mode n/good gove nance, the
Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce _
(6)Indust ial Revolution se ves as a catalyst to p omote ne equi ements of mode n/ good gove nance, especiallyin p omoting disclosu e, t anspa ency, accountabilityin state gove nance, and the p evention of co uption Ho eve , the application of technology to gove nance also has its d a backs Indust y also c eated many challenges fo state administ ation such as ho to take advantage of the development and application of AI to p omote efficiency in state gove nance, but also to ensu e the accountability of o ganizations and individuals using AĨ in gove nance Simila ly, the development of the Inte net and inte net f eedom also c eate many challenges fo gove nance, such as ensu ing f eedom of speech, p otect the ight to access info mation, p otect net o k secu ity, and the handling of miss-info mation and fake and malicious ne s
In sum, the e a e many advantages and challenges in the use of the 4th Indust ial Revolution to t ansfo m and imp ove public gove nance to fight co uption, imp ove democ acy, p omote disclosu e, t anspa ency, and accountability, and to build t ust f om the public
2 Appl cat o s from t e I dustr al Revolut o to d sclosure, tra spare cy, a d accou tab l ty state gover a ce a d a t -corrupt o
2 E- ovemment
The e a e many ays to define e-gove nment The O ganization fo Economic Co-ope ation and Development (OECD) states that the te m e-gove nment efe s to the use of ne communication technology to pe fo m va ious gove nment functions, in hich the Inte net b ings about changes in gove nment st uctu e and mode of ope ation The United Nations O ganization (UN) and the Ame ican Administ ative Association (ASPA) defines e-gove nment asthe gove nment’s utilization ofthe Inte net and Wo ld Wide Web ( ) to p ovide info mation and se vices to the public In addition to Inte net and eb applications, some schola s also b oaden e-gove nment to the use of othe info mation technology, such as elect onic databases, net o ks, automated se vices, multimedia, and the use of technology in pe sonal identification Anothe c itical vie is that e-gove nment is the elationship bet een gove nment as a se vice p ovide , and othe custome s as se vice eceive s (such as businesses, citizens, and othe gove nments), and othe non-gove nment supplie s (such as businesses, citizens, and othe gove nments)
Gene ally, it can be unde stood that e-gove nment is a gove nment that actively applies the achievements of info mation and communication technology to “digitize”
(7)! p ocedu es and “automate” o king p ocesses to imp ove efficiency, capacity, the effectiveness of its administ ation and management, and p ovide public se vice di ectly th ough the Inte net to its citizens and businesses In o de to pe fo m the function of gove nance, administ ation, and p ovision ofpublic se vices, the e a e fou main types of t ansactions in e-gove nment: Gove nment ith citizens (G2C); Gove nment ith business (G2B); Gove nment ith gove nment agencies (G2G); Gove nment ith civil se vants and officials (G2E)
T aditional gove nment, he e administ ative management ithin state agencies a e done manually, takes up mo e effo t, time, and esou ces, and the public does not have easy access to state gove nmental agencies With the help of mode n info mation technology, e-gove nment ill help the state administ ation achieve its goals, b ing satisfaction to the people, inc ease the t anspa ency of the national administ ation, st eamline the appa atus to educe gove nment spending, and imp ove the mo ality of civil se vants
E-gove nment plays a vital ole in p omoting disclosu e, t anspa ency, and accountability Mo e specifically, by inc easing t anspa ency and disclosu e, e-gove nment can limit public officials’ ongdoing, limit the oppo tunity fo them to ass and c eateunnecessa ydifficulties fo the citizens T anspa encyand disclosu e in e-gove nment management and se vice help fight co uption, bu eauc acy, monopoly, and educe the laziness of civil se vants Bybeing able to access and examine elect onic data, heads of public agencies can identify, p ecisely and timely, those civil se vants that a e effective and efficient and hich civil se vants a e slo , putting up ed-tapes and ass the citizens and businesses Simple things, such as the timekeeping and monito ing of the o king hou s of civil se vants, hich had to be done manually befo e, no can be mo e easily collected using mode n elect onic devices that can agg egate and t ansfe data to the heads of public agencies fo management Mo e impo tantly, e-gove nment can quickly and effectively publicize and p ovide the necessa y info mation to the people In a democ atic society, people must have complete cont ol and be able to monito the activities of thei elected gove nment To monito and cont ol effectively, ho eve , the people must have complete, accu ate, and timely info mation about thei gove nment With technology, info mation f om and about the gove nment can be made public and dist ibuted much mo e efficiently, hich in tu n helps the people ca y out thei ole of supe vising and monito ing the gove nment much mo e effectively Fu the mo e, ith easily accessed info mation, the
(8)public can pa ticipate in the discussion and fo mulation of public policies, denounce and epo t the misconduct of civil se vants to make gove nment’s ope ation mo e and mo e effective
The Indust ial Revolution as developed on the basis ofconstant imp ovement of science and technology Hence, an essential equi ement of mode n gove nance is to continually innovate in o de to imp ove the administ ative p ocess of state agencies In the e a of the indust ial Revolution 0, the demand is not only to build e-gove nment, but also to adopt the most advanced technology to fo m the simplest, most convenient, and easiest to use an administ ative p ocess fo people Hie concept of “a ne gene ation of e-gove nment” as c eated f om that need
In ecent yea s, AI, a co e issue of the Indust ial Revolution 0, has been applied to state administ ative activities in count ies a ound the o ld, such as the US, Denma k, Dubai, and Hong Kong (China) The most p ominent application of AI in gove nance is the consultation p ocess, p ovision of se vices and public goods, and the public t anspo t management The U S Citizenship and Immig ation Se vices Depa tment is no using an online AI-based vi tual assistant to ans e questions f om citizens and immig ants In Hong Kong (China), AI has been used in the p ovision of gove nment public se vices Mo e specifically: “The AĨ system as deployed to st eamline the enti e p ocess of document p ocessing ith automatic decision suppo t heneve possible The main ob ectives of the AI module a e to: ( ) automatically evaluate simple cases, (2) p ovide decision suppo t fo complex cases hich need mo e info mation to handle, and (3) lea ning “cu ent t ends and p actices” f om people”2 In Dubai, AI is utilized to assess citizen satisfaction ith the se vices p ovided by state agencies When people come to ca y out administ ative p ocedu es at public agencies, senso s installed at ent ances ead peoples faces to measu e the level of satisfaction th ough face featu es Inte estingly, ecent esea ch p oposes the ability of AI to p event c ime, such as co uption3and money launde ing4 In addition, AI is also Linh Anh, ‘Othe Count ies’ La s on : The Good Assistant of the Public Autho ity’, People’s Rep esentative Elect onic Ne spape <http:// daibieunhandan vn/default aspx?tabid=77&Ne sId=4 83> accessed 25 Septembe 20
2Dang Thi Thu Huong, ‘Application of in the p ovision of public se vices in Hong Kong’<http://aita gov vn/ung-dung-t i*tue-nhan-tao-t ong-viec-cung-cap-dich-vu-cong-tai-hong-kong> t uy cập ngày 25 tháng năm 20 3Such as B azil, Egypt, India See mo e: Le Hoang Anh Tuan, ‘Application of AI in Global Anti-co uption’ <https://b ao m oi co m /ap-dun g-t i-tue-nh an -tao-t o ng-con g-tac-pho ng-cho ng -tham 'nhu ng-toan-cau/c/27480552 epi> accessed 25 Septembe 20
(9)Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce
being studied fo potential use in a eas such as litigation and c iminal enfo cement Fo example, in the investigation and p osecution p ocess, AI can fo mulate mo e comp ehensive and ob ective investigative hypotheses and analyze mo e systematically the small details, hich a e usually igno ed, intentionally o unintentionally, due to the sub ective udgment o expe ience of the pe son in cha ge of the investigation o p osecution
Some esea che s go as fa as p oposing that the application of AI to gove nance ill lead to the fo mation of “AI gove nment”2 “AĨ gove nment is a gove nment that applies AĨ to gove nance, administ ation, and development ofthe count y; AI suppo ts gove nment decision-making at all levels; AI suppo ts the p ovision of intelligent and automated public se vices to se ve citizens bette ”3Imagine at a mo e advanced level he e AI and obots become mo e sophisticated and idely available, and this may lead to the eme gence of “ obot civil se vants” to eplace the ob positions of civil se vants today This possibility is not fiction, and it enti ely possible The case of Sophia, the obot that Saudi A abia has decided to ecognize as a citizen, is a move that sho s that possibility exists
In sum, the int oduction ofe-gove nment in the context ofthe apid advancement ofthe Indust ial Revolution 0canbe conside ed a evolution in the gove nance p ocess E-gove nment c eates a mode n, effective, and t anspa ent leade ship and enhances the level of satisfaction fo the people and business entities E-gove nment ove comes the inhe ent eaknesses of the t aditional management system, such as bu eauc acy, autho ita ianism, co uption, and concealment ofinfo mation E-gove nment changes the natu e of public administ ation f om “ uling the public” to “se ving the public”, and changes the natu e ofpublic administ ation f om the t aditional "solicit “handout” elationship to the “se vice p ovide -se vice consumption” elationship Building e-gove nment is an essential step in the p ocess of disclosu e, t anspa ency, inc ease accountability, and anti-co uption in state gove nment of Vietnam
su-quoc-te/su-kien/han-quoc-quyet-tam-t o-thanh-cuong-quoc-ve-t i-tue-nhan-tao-53 370> accessed 25 Septembe 20
Nguyen Ih i Que Anh, Ngo Huy Cuong, Fourth Industrial Revolution and Issues Raised for Vietnam’s Legal Reform, T uth National Political Publishing House, Hanoi, 20Ỉ8, p 227
2Conception “AI Gove nment” is made by the g oup of expe ts including Michael Dukakis, Nguyen Anh Tuan, Thomas Patte son, Nazii Chouc i
(10)Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce 2.2 Ope Data a d ope Gover me t Data
Open Data is not conside ed p ivate o pe sonal data, no is it ega ded state sec ets, open data is data that anyone has the f eedom to use and euse, dist ibute and edist ibute, customize, and oin ith othe data sets Mo e specifically, open data is defined as machine- eadable data that can be f eely sha ed, used, and built ithout any est ictions2, open data is often associated ith the public secto , p ovided by the state, and called “open gove nment data” Fu the mo e, open data can also be p ovided by inte national o ganizations, businesses, and social o ganizations3
Open Gove nment Data4is a te m used to efe to a concept, hich late became a set of ules fo inc easing t anspa ency, accountability, and establishing values by equi ing the gove nment to opening its data to the public Gove nment agencies collect and p ovide an eno mous amount of data f om the public By opening up thei databases, gove nment agencies become mo e t anspa ent and accountable to the public By encou aging the use, euse, and dist ibution of data, the state p omotes economic activities, c eativity, and business activities5 Acco ding to the open Data Impact Map, an Open Data O ganization fo DevelopmentNet o k (OD4D6)p o ect, o ganizations and count ies have used open data systems in managing thei activities, mostly focusing on budget issues, advocacy p ocedu es7, open Gove nment Data is also based on the cha acte istics of open Data: p oactive disclosu e; machine eadability, and the ability to euse8 Ihe p inciples ofopen data continue to be elabo ated and supplemented by seve al gove nments o o ganizations that advocate fo the open gove nment
Le T ung Nghia - Cente fo National Resea ch and Development on Open Technology unde the Minist y of Science & Technology, ‘Int oduction of o pen Data’ <https:// slidesha e net/lnghia/open-data-int o-5 68 52> accessed 25 Septembe 20
2‘Open Data ’ <https://open canada ca/en/open-data-p inciples> accessed 25 Septembe 20
3T Davis, F Pe ini and J M Alonso, ‘Resea ching the Eme ging Impacts of open Data: ODDC Conceptual F ame o k’ (20 3) No ODDC Wo king Pape , Washington, DC: Wo ld Wide Web Foundation
4 The te m “Gove nment* in this concept is unde stood as the State, not ust confined to the meaning of the gove nment as a national executive body
5OECD, ‘Open Gove nment Data’<http:// oecd o g/gov/digital-govemment/open-gove nment-data htm> accessed 25 Septembe 20
6OD4D, ‘Open Data fo Development <https:// od4d net/> accessed 25 Septembe 20 7‘Open Data Impact Map’ <https://opendataimpactmap o g/index> accessed 25 Septembe 20
8‘Open Data and Imp oving Gove nance: Issues of Measu ement’ Open Data Resea ch Net o k <http:// opendata esea ch o g/content/20 3/546/open-data-and-imp oving-govemance-issues-measu ement html> accessed 25 Septembe 20 http:// opendata esea ch o g/content/20 3/546/open-data-and-imp oving-gove nance-issues-measu ement html
(11)Ope essy Tra spare cy a d Accou tab l ty State Gover a ce
Open data is closely elated to many aspects of gove nance and can change the public’s pe ception of state gove nance in the follo ing ays:
Firsty open data allo s citizens to monito the state, because th ough open data access, state activities become mo e t anspa ent, and citizens a e given the necessa y tools to exe cise thei ight to supe vise the gove nment
econd>open data p omotes the idea of a se vice democ acy, in hich citizens pa ticipate in gove nance th ough pe sonal choices of public se vices Th ough open data, citizens gain complete and detailed info mation about available public se vices,
hich helps info m thei decision
hird, open data p omotes the coope ation bet een citizens, social o ganizations, businesses, and the gove nment, and helps imp ove the enactment and implementation of public policies Gove nance is advanced hen no one in society is left out, and hen mo e people a e involved in the decision p ocess that affects eve yone
Open data p omotes t anspa ency and accountability by facilitating citizens’ decision-making p ocess, th ough access to t anspa ent info mation, d iven by an open database, citizens can exe cise thei ights to supe vise and demand public officials to explain and take esponsibility fo decisions, the eby educing co uption It also p omotes c eativity in the gove nance p ocess, as ell as in the p ovision of public se vices, open data allo s info mation f om many diffe ent sou ces to be agg egated, utilized, and sha ed by many individuals and o ganizations to avoid the t aditional one-ay dist ibution of info mation by the state Fo example, OpenSpending o g p ovides public access to info mation and p omotes citizen pa ticipation in fundamental issues, such as national budget decisions This site offe s evenue and expenditu e data f om gove nments th ough inte active cha ts and sea chable databases The ebsite no includes data f om Nige ia, India, Kenya, South Af ica, and the United Kingdom, along ith seve al othe count ies that volunta ily oin the net o k2
Acco ding to a study by the O ganization fo Economic Co-ope ation and Development (OECD)3, open data is elated to state gove nance in the follo ing
'Open Data and Imp oving Gove nance: Issues of Measu ement’ open Data Resea ch Net o k <http:// opendata esea ch o g/content/20 3/546/open-data-and-imp oving-gove nance-issues- aeasu ement html> accessed 25 Septembe 20
2T Davies, ‘Ho might open data cont ibute to good gove nance?’ <http:// opendataimpacts net/20 2/ 2/ ho -might-open-data-cont ibute-to-good-gove nance/> accessed 25 Septembe 20
(12)fundamental aspects: inc eased t anspa ency and accountability; open data helps imp ove the pe fo mance of gove nment; imp ove national competitiveness, and p omote social pa ticipation Othe studies on the impact ofopen databasically confi m the positive effects of gove nance Tim Davies and Fe nando Pe ini maintain that open data cont ibute to ( ) t anspa ency and accountability; (2) C eativity, development and economic efficiency; and (3) not eliminate (inclusion) and empo e
Fu the mo e, open data is an excellent tool in the fight against co uption Gove nments a ound the o ld inc easingly pay attention to and utilize open data to p event and educe co uption By p omoting t anspa ency in gove nment activities, such as evenue and expenditu e, open data has become an impo tant facto that helps imp ove the accountability of the gove nment, open data not only minimizes the mismanagement and misallocation of esou ces, but it also ensu es a mo e t anspa ent and accountable exchange bet een gove nments and citizens The need and constant quest fo anti-co uption equi e gove nments to expand the use of open data to inc ease t anspa ency inc easingly With thousands of GB of data gene ated by gove nments, o ganizations, and businesses a ound the o ld, ne tools and methods a e no available in the fight against co uption When gove nment data and othe data elated to gove nance a e publicly available, easily accessible, and inte active, the public is given st onge monito ing capabilities to ensu e t anspa ency and accountability3 OECD esea ch4finds that the use of open data has significantly educed co uption in G20 count ies
Many count ies have been adopting open data as an essential ay to imp ove gove nance In 200 , u s P esident Ba ack Obama signed the Memo andum of ransparency and Open overnment, hich lead to the c eation of data gov, hich sto es hund eds of databases fo public access The movement as soon follo ed by the United Kingdom, hich established data gov uk in the ea ly 20 0s, and sta ted public secto integ ity and civic auditing’ <http:// oecd o g/gov/public-innovation/open-gove nment-data htm > accessed 25 Septembe 20
This concept is unde stood as no one is excluded in society and State gove nance
2 T Davis, F Pe ini and J M Alonso, ‘Resea ching the Eme ging Impacts of Open Data: ODDC Conceptual F ame o k* (20 3) No ODDC Wo king Pape , Washington, DC: Wo ld Wide Web Foundation 48- 78 T anspa ency Inte national, ‘Connecting the Dots: Building the Case fo Open Data to Fight Co uption’ <https:// t anspa ency o g/ hat edo/publication/connecting_the_dots_building_the_case_fo _open_ data_to_fight_co uption> accessed 25 Septembe 20
4 OECD, ‘Compendium of good p atices on the use of open data fo Anti-co uption: To a ds data-d iven public secto integ ity and civic auditing* <http:// oecd o g/gov/public-innovation/open-gove nment-data htm> accessed 25 Septembe 20
(13)an open database efo m p og am th oughout its state system Cu ently, open data is becoming a movement in many count ies a ound the o ld and inte national o ganizations In Ap il 20 0, the Wo ld Bank opened an open data po tal, p oviding access to hund eds of social and economic indicato s In July 20 , ith the suppo t of the Wo ld Bank> Kenya had opened its data po tal (opendata go ke), becoming one of the fi st developing count ies to have an open national database In Septembe 20 3, India began a t ial ve sion of data gov in open data has become an essential topic in Open Gove nment Pa tne ship (OGP) , a multilate al initiative that as initiated and un by many gove nments, social o ganizations of many count ies that focus on gove nance, t anspa ency, efficiency, and accountability2 One of OGP s action plans in July 20 indicates: “Ne technologies c eate oppo tunities fo info mation sha ing, public pa ticipation, and coope ation Welook fo a dto nessing these technologies to make the info mation mo e public in ays that can help people unde stand hat thei gove nments and influence decisions3”
2 I ter et Freedom
The Inte net is a ema kable media th ough hich people can exp ess and sha e ideas The Inte net has become an inc easingly impo tant tool fo citizens to exe cise thei ight to pa ticipate in the democ atic p ocess, the supe vision ofpublic autho ities, and the p otection of human ights In todays technological age, the Inte net has become a key platfo m fo sha ing info mation, advocating and p omoting human ights Eve yone has the ight to pa ticipate in the info mation society, and the efo e the state no has the esponsibility of ensu ing the ight to access the Inte net Ihe Inte net has become inc easingly indispensable fo people to pa ticipate in all aspects of public life, such as political activities, economic activities, and cultu al and social activities As of Janua y 20 6, the numbe of Inte net use s globally is estimated to be a ound 3,27 billion4 and the numbe of use s globally in social net o ks is estimated to be about 2,5 billion in 20 8, hich accounts fo one-thi d of the o ld’s population5 Acco ding to the Inte net Co po ation fo Assigned Names and Numbe s (ICANN) and DAMMIO - We A e Social (UK), as of 20 7, Vietnam has become
<https:// opengovpa tne ship o g/> accessed 25 Septembe 20
2T Davies, ‘Ho might open data cont ibute to good gove nance?’ <http:// opendataimpacts net/20 2/ 2/ ho -might-open-data-cont ibute-to-good-gove nance/> accessed 25 Septembe 20
3See mo e at <http://gIobalinteg ity o g/blog/ hats-in-OGP-action-plans> accessed 25 Septembe 20 4See mo e at <http:// inte netlivestats com/inte net-use s/> accessed 25 Septembe 20
5 See mo e at <http:// statista com/statistics/2784 4/numbe -of- o ld ide-social-net o k-use s/> accessed 25 Septembe 20
(14)the 7th la gest count y in the o ld by the numbe of Inte net use s, hich accounts fo nea ly 53% of the population, inc eased by about 6% ove the same pe iod in 20 Vietnam has 46 million use s of social net o ks (Facebook, T itte , and Zaio), among the highest in the o ld Acco ding to one esea ch esult by Nikkei Ne spape (Japan) on the Inte net speed ofAsia-Pacific count ies in 20 7, it has confi med that “India and Vietnam a e fa ahead of developed count ies ” This advantage in Inte net speed ill continue to inc ease as the Vietnamese gove nment is no focusing on developing its o n digital economy Acco ding to the 20 global Inte net speed epo t of Amakai, a content delive y net o k se vice p ovide (CDN) and cloud computing of the United States, Vietnam is cu ently anked 58 out of count ies, up % ove the same pe iod in 20 6, the highest inc ease in the Asia-Pacific egion Cu ently, Vietnam is among the count ies ith the highest numbe of Inte net use s in Asia, anked among the 20 states ith the highest Inte net use s Mo e than 20 yea s ago, on Novembe , 7, the Vietnamese Inte netnet o kofficiallyconnected to the globalInte net net o k, ma king an impo tant milestone in the histo y of Vietnam’s info mation and communication indust y Since then, Vietnam has been taking full advantage ofthe Inte net in all aspects of its development, and fu the its integ ation ith the o ld The numbe of Inte net use s inc eases significantly f om 200,000 use s in the 0s to million in 20 2, and mo e than 50 million by 20 These numbe s demonst ate the impo tance off ee access to the Inte net, ithout hich people ill be dep ived ofaccess to info mation as ell as the ight to pa ticipate in political issues
Access to the Inte net and gua antee of access to the Inte net has become one of the most c itical policies in development Many count ies and inte national o ganizations, such as the United Nations, a e no conside ing the ight to access the Inte net (that ties to the f eedom of exp ession) as one of the fundamental human ights Count ies such as Finland and Estonia have defined Inte net access as a fundamental ight of citizens Acco ding to a 20 BBC Wo ld Se vice su vey of 27,000 people in 26 count ies, about in believe that accessing the Inte net is a fundamental ight2 In 2003, the Wo ld Summit on the Info mation Society in Geneva in 2003 and Tunis in 2005 all affi med “common desi e and commitment to build a people-cent ed, inclusive and development-o iented Info mation Society, he e F ank La Rue, the United Nations Special Rappo teu on the P omotion and P otection o fthe Right to F eedom of Opinion and Exp ession, p esented to the UN Human Rights Council on June 20Ỉ
2BBC Ne s, Inte net access is ‘a fundamental ight’ 08 Ma ch, 20 <http://ne s bbc co Uk/2/hi/8548 stm> accessed 25 Septembe 20
(15)Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce
eve yone can c eate, access, exploited and sha e info mation and kno ledge, enabling individuals, communities and peoples to achieve thei full potential in p omoting thei sustainable development and imp oving thei quality oflife, p emised on the pu poses and p inciples ofthe Cha te ofthe United Nations and especting fully and upholding the Unive sal Decla ation of Human Rights ”
Inte net f eedom is conside ed as an essential means to exe cise the ight to exp ession and gua antee f eedom of info mation The UN special Rappo teu on the p omotion and p otection ofthe ight to f eedom ofopinion and exp ession emphasizes the impo tance of the Inte net as a medium to exe cise the ight to exp ession, o in othe o ds, f eedom of exp ession can only be gua anteed ith the commitment of the states to adopt and implement effective policies to ensu e unive sal access to the Inte net fo the people2 On July 5, 20 0, the United Nations Human Rights Council passed a esolution “Developing, p otecting and en oying human ights on the Inte net ” This is the fi st time the Council has extended the definition ofhuman ights to the vi tual o ld This is an essential inte national legal basis to ensu e the f eedom of debate on the Inte net, f ee f om the state’s const aints and cont ol specifically, this Dec ee states that f eedom of speech that is gua anteed on t aditional media, such as TV, adio, ne spape s, etc , should be extended to the Inte net, hile also decla ing that any human ights that a e p otected “off-line” must also be p otected “on-line”, and call on count ies to facilitate the development and adoption of Inte net f eedom This is an essential expansion of the definition of human ights to the vi tual o ld, the most significant expansion since A ticle of the Unive sal Decla ation of Human Rights (adopted in 48) and Convention Inte national civil and political ights (adopted in 66) Changing and expanding the definition of human ights to the Inte net has been discussed mo e f equently in the last ten yea s hen the Inte net began to become a popula venue fo the people to exp ess thei opinions In 2003, the Inte national Telecommunication Union (ƯĨT), unde the United Nations, as the fi st agency to come up ith this ne definition The dec ee “Developing, p otecting and en oying human ights on the Inte net” sho s that the need to use and f eely exp ess on the Inte net has become a pa t of many people's lives This dec ee is the Decla ation of P inciples fo the fi st phase of the Wo ld Summit on the Info mation Society, Geneva, 0- Decembe 2003
(16)legal basis fo the advancement of Inte net f eedom and p otecting human ights and f eedom online In 20 6, the United Nations Human Rights Council passed a ne
esolution that condemns measu es that intentionally p event o dis upt access to and dissemination of info mation online, and conside such actions as seve e violations of human ights and inte national human ights la , and call on ali pa ties to ef ain and stop such measu es Although the e a e still cont ove sies and even ob ections f om some count ies, the bi th of this esolution exp esses the popula vie s of the o ld community in p omoting Inte net f eedom, especially f eedom on the Inte net
The 2003 Wo ld Summit on the Info mation Society (WSIS) affi ms that “connectivity is a cent al element in building an info mation society Fai and equal access to ICT inf ast uctu e and se vices is one of the challenges of the info mation society Connectivity also includes access to postal and ene gy se vices, hich should be ensu ed in acco dance ith the national la s of each count y The 20 Repo t of the UN special Rappo teu on f eedom of speech decla ed that count ies must “ensu e that Inte net access is maintained at all times, even in times of political instability;”3The special Rappo teu also conceived that access to online content and access to “info mation and communication inf ast uctu e and technology, such as cables, modems, compute s, and soft a e, in o de to access the Inte net, must also be gua anteed”4 Thus, access to inf ast uctu e and ensu e global access to the Inte net must be a p io ity fo all count ies The efo e, eve y gove nment must develop a specific and compelling policy, in consultation ith elevant individuals and o ganizations f om all membe s of the society, including the p ivate secto and elevant minist ies, in o de to p ovide access to the Inte net and to gua antee f eedom of speech on the Inte net
Inte net f eedom enables people to f eely sha e and exp ess pe sonal info mation and opinions th ough the Inte net, p ima ily via blogs and social net o ks The Molly Land, ‘To a ds an Inte national La of the Inte net’ (20 3) Vol 54 No Hava d Inte national La Jou nal
2‘Decla ation of P inciples Building the Info mation Society: a global challenge in the ne Millennium’ (2003) Document WSIS-O3/GENEVA/DOC/4-E <http:// itu int/ sis/docs/geneva/oiRcial/dop html> accessed 25 Septembe 20
3The UN Human Rights Council’s Special Rappo teu on the p omotion and p otection of the ight to f eedom of opinion and exp ession stated the follo ing in his epo t of May 20 to die Human Rights Council (A/HRC/ 7/27), pa a
4The UN Human Rights Council’s special Rappo teu on the p omotion and p otection of the ight to f eedom of opinion and exp ession stated the follo ing in his epo t of May 20 to the Human Rights Council (A/HRC/ 7/27), pa a
(17)Inte net allo s agencies and o ganizations in the political system to connect, to ca y out administ ative p ocedu es, and p ovide se vices di ectly to the people
3 Some C alle ges of t e I dustr al Revolut o t e D sclosure,
Tra spare cy, a d Accou tab l ty Publ c Gover a ce a d a t -corrupt o AI w t uma R ts, Tra spare cy, a d Accou tab l ty
AI is avitalaspect ofthe ecenttechnological advancement ofthe Fou th Indust ial Revolution? The e is no idely accepted definition of (AI)> but it is often unde stood in many diffe ent ays With the ext emely apid development of technology, the concept of AI changes, develops, and expands continuously In gene al, the meaning of AI includes a se ies of computational techniques and associated p ocesses used to imp ove the ability of machines to pe fo m intellectual tasks, such as patte n ecognition, compute vision, and language p ocessing2 It also can p edict the futu e and solve complex tasks
AI is affecting many a eas of social life, such as economics, politics, cultu e, science, and technology AĨ has also ecently been adopted to imp ove the o ganization of gove nments The inhe ent cha acte istics of the administ ative appa atus a e that it is massive and has many inte media y hubs, and the o king elationships bet een such cente s a e ve y complex The efo e, the p ocess of o ganizing and ope ating a state administ ative appa atus is al ays a challenging task, even in developed count ies, and can benefit g eatly by utilizing AL The inc easing use of AI in gove nance has led to the eme gence of the Gove nment (Gove nment of AI)> a Gove nment that applies AI to gove nance and administ ation Ho eve , the application of AI in gove nance also has many potential adve se impacts elated to human ights, t anspa ency, and accountability
AI has impacts on human ights in many a eas of society Acco ding to Ha va d Unive sity’s esea ch, AI c eates both oppo tunities and isks fo human ights In pa ticula , it negatively affects the maintenance and amplification of existing social p e udices, c eating the inequalities in society, p ofoundly affecting the ights of
Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce
Read mo e: Nguyen Thanh Thuy, Ha Quang Thuy, Phan Xuan Hieu, Nguyen T i Thanh, in the Digital Age: Wo ld Context and Link ith Vietnam’<https://uet vnu edu vn/t i-tue-nhan-tao-t ong-thoi-dai-boi-canh-gioi-va-lien-voi-viet-nam/> accessed 25 Septembe 20
(18)Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce
p ivacy, and posing challenges fo many existing mechanisms The fundamental ights di ectly affected by AI include the ight to equality and non-disc imination, ight to pa ticipation, ight to p ivacy and pe sonal info mation secu ity, f eedom of exp ession, and ight to o k
AI has a significant impact on the ight to access, sea ch, and sha e info mation AĨ can have a negative impact on info mation sha ing and info mation quality hen gove nments use AĨ technologies to censo info mation and limit media plu alism These systems negatively affect plu alistic communication and dive sity in vie s It p events discussion, sha ing, and exchange of info mation in society, and in the long un, can lead to pola ization among social classes due to lack of connection and info mation exchange The matte gets se ious hen AIs cont ol of info mation is used fo un ust pu poses, as cont ol systems a e used to p opagandize, cont ol, and dispe se info mation Because of this, the use of AI might affect democ acy and people’s ight to self-dete mination AI systems a e being used mo e to p opagandize, cont ol, and o ient behavio in petitions th ough social net o k use s As a esult, these campaigns a e cont oỉled by ongful info mation that is to p opagandize, o ient public opinion Mean hile, if people see that thei info mation is managed, t acked, and o iented, they ill no longe t ust the info mation they eceive and ill not be eady to exp ess f eely They ill change thei exp ession behavio instead
In the event that the gove nment of AI appiication violates o adve sely affects human ights, it is necessa y to dete mine the esponsibility fo such violations Ho eve , identifying esponsibility is d if the decision to censo is made by AL
Acco ding to the ule-of-la , any entity that violates the la must bea esponsibility fo such violation Ho eve , in the case hen AI eplaces many individual decisions and actions, including many gove nance decisions and actions, ho takes esponsibility hen AI violates the la o inf inges on human ights? Can AI be held esponsible hen it has no human qualities and values? Although the debate is ongoing and difficult to esolve, the fact is that AI is inc easingly involved in many aspects of ou society, but the e is no mechanism to identify esponsibility fo this ne type of entity
(19)7-The accountability of AĨ must be tied to the individuals o o ganizations that utilize AL A gove nment that uses AĨ in its gove nance p ocess must be esponsible fo the development and application of AI Ho eve , AI is a ve y complex system that equi es initial inputs f om develope s, such as the basic ule of ope ations Coming up ith a comp ehensive set of values, ope ational ules, and even legal ules as initial input fo AI in gove nment is a challenging task If these issues a e not clea ly defined, it ill be difficult to clea ly identify and explain the esponsibilities elated to AI in public se vice Suppose in the cou se ofp oviding public se vices to people, if AI makes mistakes, o makes inco ect and even disast ous decisions based on an incomplete set of ules, causing seve e consequences to the public, o ganizations, o administ ative agencies, then ho is esponsible fo such mistake? Is it the agency utilizing AI, the public se vant o is it the esponsibility of the manufactu e and develope that must ensu e the quality of the p oduct, o is it the sole esponsibility of the machine? The efo e, the p oblem of dete mining the level of application, the sub ect matte , and liabilities elated to AI is a big issue that needs ca eful planning
The e a e also many technical challenges to t anspa ency and accountability hen AĨ is utilized fo gove nance The use of AI in decision-making based sophisticated algo ithms makes it difficult fo people to unde stand, and it is almost impossible to t ace and fully unde stand the p ocess of such decisions Humans c eate AI to help us make decisions and ecommendations on complex issues Ho eve , even AI c eato s a e unable to unde stand ho some decisions and ecommendations a e made This c eates significant p oblems elated to t anspa ency and accountability In addition, AĨ ope ates and is t ained using data, hich is sometimes incomplete and i elevant to the sub ect This c eates anothe laye of complexity hen identifying t anspa ency and accountability
Gove nance using AĨ must gua antee the p otection of human ights T anspa ency and accountability, the efo e, must be ensu ed by the development and implementation of a system of specific ules that clea ly set the f ame o k fo implementing AI In ecent yea s, the inte national community and many count ies have been inc easingly adopting gove nance using AI, hile t ying to limit the negative impact of AI on human ights The set of p inciples, standa ds, and gene al guidelines on AI management e e developed and issued by a numbe of inte national and
Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce
(20)egional o ganizations (such as the EU)> and technology companies Among them, Eu ope is one of the pionee egions in AĨ management The bi th of the common ules of AI gove nance plays an impo tant ole in the p ocess of building a system of gove nance using AĨ that p otects human ights Ho eve , such common ules a e still ve y limited Common p inciples in the fo m of ethical ules a e still ve y gene al, vague, and lack specificity 2Hie inte national la of human ights p otection in the e a of AI mainly elies on atified conventions and documents on human ights
The isks and adve se effects of AI on human ights equi e the need to cont ol and egulate AI fo human ights, but the apid development of complex AI systems and thei applications in social life c eate difficulties and challenges fo AI cont ol and egulation Indeed, the development of the AI ules system is a challenging task AI, ith its cha acte istics makes not only politicians but also the academics feel confused Unclea , o even ve y cont ove sial conceptions on AI issues make it difficult to dete mine the legal status ofand esponsibility fo the consequences ofAI to human ights3 The development of AI also c eates changes in many legal phenomena acco ding to t aditional app oaches and pe ceptions4, posing many legal challenges, especially in cont olling and egulating AI5 One of the fundamental legal challenges of developing and using AI is to ensu e a balance bet een p omoting, innovating, and p otecting fundamental human ights and values
Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce
Jess Whittlestone, Rune Ny up, Anna Alexand ova and Stephen Cave, ‘Hie Role and Limits of P inciples in AI Ethics: To a ds a Focus on Tensions’ (20 ) Association fo the Advancement of <http:// aies-confe en ce com/ p-content/pape s/main/AIES- _pape _ 88 pdf> accessed 25 Septembe 20
2Jess Whittlestone, Rune Ny up, Anna Alexand ova and Stephen Cave, ‘The Role and Limits of P inciples in AI Ethics: To a ds a Focus on Tensions’ <http://lcfi ac uk/media/upIoads/files/AIES- _pape _ 88_Whittlestone_ Ny up_Alexand ova_Cave pdf>accessed 25 Septembe 20
3 Doan Van Nhat, ‘Legal Status and Rights of’; Hoang Thi Bich Ngoe, Vu Cong Giao, ‘Ethical and Legal Responsibilities of Robot: A Numbe of Theo etical and P actical Issues’, in Confe ence P oceedings of and Issues of La and Human Rights, o ganized by VNU School of La , May 28,20 in Hanoi
4 Nguyen Hoang Anh, ‘Changes of Legal Phenomena To the Challenges of Indust ial Revolution 0’ in Conference roceedings of the Fourth Industrial Revolution and issues raisedfor Vietnam's legal reform (T uth National Political Publishing House, Hanoi, 20 8), p 66-
5T an Kien, ‘The Fou th Indust ial Revolution and the Issue of Legal Cont ol and Regulato y Mechanism’, in Conference roceedings of the Fourth Industrial Revolution and ssuesraisedfor Vietnam’s legal reform (T uth National Political Publishing House, Hanoi, 20 8), p 42- 56
(21)Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce
3.2 T e Bala ce Betwee D sclosure a d Tra spare cy, a d Ot er Perso al a d Soc al Be ef ts
Info mation and communication technology and othe applications of the Indust ial Revolution clea ly b ing a lot of value to gove nance, especially in p omoting disclosu e, t anspa ency, and accountability Ho eve , in a ule of the la society, the values of society, including its mino ities, need to be gua anteed The efo e, the assu ance of disclosu e and t anspa ency should also be placed in
elation to othe values, o in othe o ds, must not negatively affect those values When p omoting disclosu e and t anspa ency th ough digital applications, one must be ca eful not to inf inge on the social and pe sonal co e values, such as the ight to p ivacy and data p otection, pe sonal data, equality, f eedom f om disc imination, national secu ity inte ests, and public health The Inte net plays a c itical ole in p omoting disclosu e, t anspa ency, and accountability, but on the othe hand, it also has potentially negative consequences and isks fo society, such as isks fo child en, pe sonal p ivacy, intellectual p ope ty ights, and national secu ity The efo e, it is necessa y to est ict and cont ol the use of digital technologies in some instances that can have a negative impact on the political p ocess, social secu ity, cultu al and social values, and public health Ho eve , like AI, it is not easy to balance digital-based management bet een allo ing fo the disclosu e and t anspa ency of the system, ith the need to censo ce tain info mation, such as misinfo mation o fake ne s, that can adve sely affect society and the public This balancing act is one of the ma o challenges of adopting the Fou th Indust ial Revolution in public management
Conclusion
The Indust ial Revolution has b ought many values and oppo tunities, but also c eates many potential negative consequences, isks, and challenges in state gove nance On the positive side, the digital evolution p omotes the t ansition f om t aditional gove nance to mode n/good gove nance, hich p omotes disclosu e, t anspa ency, and accountability in state gove nance and p omotes anti-co uption One of the ecent equi ements of mode n and good gove nance is to unde stand the latest advancement in digital technologies and to use those advancements to orga ze t e pol t cal p ocess a d social aspects of a cou try Ma y appl cat o s of
(22)side, the application of digital technology in state gove nance has many potential isks and negative impacts; fo example, the use of AI in state gove nance Expanding and p omoting openness and t anspa ency th ough digital applications also poses challenges hen pe sonal data, intellectual p ope ty ights, and co e social values needed to be p otected
Hie development oftechnology and the Indust ial Revolution is an i eve sible t end The efo e, count ies need to fully emb ace that t end, take ÍĨ1Ỉ1 advantage of thei benefits, and adopt its st engths to the specific conditions of each count y One of the fi st and most essential steps is to c eate a legal f ame o k fo technology-based gove nance The inte national community and gove nments have o ked d to develop many basic building blocks fo such a legal f ame o k Ho eve , the apid development of digital technology and the continuous eme gence of ne innovations have c eated many challenges The inte national community, gove nments, and policymake s have d time coming up ith a ne legal f ame o k to add ess and keep up ith the fast pace of the technological evolution This is the biggest challenge in state gove nance in the e a of the Indust ial Revolution
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6 ‘Decla ation of P inciples Building the Info mation Society: a global challenge in the
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(27)CONTRAD CT ON BETWEEN OPENNESS, TRANSPARENC , ACCOUNTAB L T AND CONF DENT AL T OF NFORMAT ON
N V ETNAMESE LAW
LLM Nguyen huong Vyl
Int oductions
Publicity, t anspa ency, and accountability act as basic and essential elements of the mode n gove nance model These te ms ca y the minds ofits c eato s ith the goal of establishing and maintaining an open, t anspa ent info mation system This is also consistent ith the inevitable t end of the cu ent indust ial evolution In ecent yea s, tens of thousands of Vietnamese business have sta ted and built thei business models th ough the basics of connectivity and sha ing Connection and sha ing also becom the basic keythat the p ivate secto ca es about and expectmost f om the political system, especially the gove nment, minist ies, b anches, and management levels f om cent al to local levels, openness, t anspa ency, and accountability a e the key tools to suppo t connection and sha ing in the modem state model Connection and sha ing he e a e conc etized by solutions that cont ibute to the cla ification and smoothness of info mation and data among state agencies as ell as bet een state agencies, people, and ente p ises Ho eve , the fact that info mation is easily accessible and sp eading, has had many consequences The e a of technology and digitalization seems to have made info mation secu ity mo e f agile than eve The info mation of an individual o a legal entity leaking out can lead to unfo eseen physical and mental damage A cont adiction a ises bet een the theo y of connection-sha ing and the existence of seemingly undisclosed types of info mation The question is hethe o not the e is a conflict of la s bet een openness, t anspa ency and accountability, and the ight of
(28)info mation confidentiality, specifically in the cu ent context of Vietnam? This a ticle cont ibutes to ans e ing that question
Legal bas s of d sclosure, tra spare cy, accou tab l ty a d co f de t al ty of format o
1 International legal basis
a) Disclosure, transparency and accountability
The issue of disclosu e and t anspa ency has been mentioned since ancient Roman times, but the method and pu pose ofusing these tools e e quite diffe ent f om no adays Roman institutions of gove nance conducted a civil society investigation, hich as maintained and a anged acco ding to the economic and political hie a chy and the numbe of t oops held by membe s of society Consciousness about the investigation and captu e of social info mation as evived in the Renaissance, as mentioned in the “Six Books of the Republic” This activity as aimed to cont ol the activities and customa y la insociety and the su plus of the ealth of the nobility, and at the same time, fight co uption on the basis of t anspa ency in gove nance activities The thought of app oaching and using the elements of openness and t anspa ency at that time is ve y inte esting It can be oughly unde stood that the ancient state used these tools to captu e clea ly and mo e tho oughly hat happened in society and cont olled society to se ve gove nance activities Ho eve , it also has a t o-fold meaning because t anspa ency of info mation about the people and society ill also cont ibute to monito ing the activities of state officials themselves This logic is o th ponde ing, because it seems that the te m openness, t anspa ency and accountability no tend to efe to the state management agency Section of the a ticle ill etu n to the question of hethe the e is a esponsibility to a ds openness, t anspa ency and accountability fo the p ivate secto sub ects
In 776, S eden established a membe of the Pa liamenta y office of the local udicial and administ ative cont ol committee (Ombudspe son), the eby tu ning ove and developing the concept of openness in the di ection of the State to the people A statute as enacted that stipulates the ight ofpeople to have access to documents held by administ ative agencies
Ope ess, Tra spare cy a d Accou tab l ty State Gover a ce