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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 2.

Today, the use of technology and applications gained f om the Indust ial
Revolution 4 0 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
4 0 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 4 0 in disclosu e, t anspa ency, accountability, and
anti-co uption

T e Role oft e 4 0 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,

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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

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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 4 0 (o the Fou th Indust ial Revolution) stems f om
the concept of “Indust y 4 0” in a Ge man gove nment epo t in 20 3 Subsequently,
Noha El-Mika y và Ingvild Oia, ‘Unde standing and P og amming fo Linkages: Democ atic Gove nance and
Development’ Discussion Pape 8 UNDP Oslo Gove nance Cent e

2Ahmadzand Saleem A, ‘Impact of Gove nance on Human Development’ (20 4) Vol 8 (3) Pakistan Jou nal of
Comme ce & Social Siences 6 2-628

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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 4 0
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 4 0 ill be AI, Inte net
of Things (IoT), and Big Data The b eakth ough advancement of Indust y 4 0 is
no “unp ecedented in histo y” Compa ed to p evious indust ial evolutions, 4 0 is
evolving in a function exponential athe than a linea ate

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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 4 0 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 4 0 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 4 0 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...___________

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Indust ial Revolution 4 0 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 4 0 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 4 0 to d sclosure, tra spare cy,
a d accou tab l ty state gover a ce a d a t -corrupt o

2 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”

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! 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
ha 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 ha 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

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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 4 0 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 4 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 4 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 2 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

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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 4 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

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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, 6 5 o ganizations
and 0 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 0 ’ <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

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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

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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 2

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
3 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

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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 6 indicates: “Ne technologies c eate oppo tunities fo info mation sha ing,
public pa ticipation, and coope ation Welook fo a dto ha nessing these technologies
to make the info mation mo e public in ays that can help people unde stand hat
thei gove nments do and influence decisions3”

2 3 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

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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 6
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 7 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 3 count ies, up 8 % 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 2 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 3 million in 20 2, and
mo e than 50 million by 20 7 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 0 BBC Wo ld Se vice su vey
of 27,000 people in 26 count ies, about 4 in 5 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 3 June 20Ỉ

2BBC Ne s, Inte net access is ‘a fundamental ight’ 08 Ma ch, 20 0 <http://ne s bbc co Uk/2/hi/8548 0 stm>
accessed 25 Septembe 20

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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- 2
Decembe 2003

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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 2 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 2 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 6 May 20 to die Human Rights Council
(A/HRC/ 7/27), pa a 7

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 6 May 20 to the Human Rights Council
(A/HRC/ 7/27), pa a 3

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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 4 0 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
3 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

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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 ha 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

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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

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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 6

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 4 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- 0

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

ssues

raisedfor Vietnam’s legal reform (T uth
National Political Publishing House, Hanoi, 20 8), p 42- 56

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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 4 0 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 4 0 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

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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 4 0 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 ha 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 a ha 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 4 0

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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 4 0 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

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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 2 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...

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