Nghị định 90/2002/ND-CP

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF POST AND TELECOMMUNICATIONS

                                                      THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the August 5, 2002 Resolution No.02/2002/QH11 of the XIth National Assembly of the Socialist Republic of Vietnam, first session, promulgating the list of the Government’s ministries and ministerial-level agencies;
Pursuant to the Government’s Resolution No.11/2002/NQ-CP of October 4, 2002 on its September 2002 regular meeting;
Pursuant to the Government’s Decree No.86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structure of the ministries and ministerial-level agencies;
At the proposals of the Minister of Post and Telecommunications and the Minister of the Interior,

DECREES:

Article 1.- Position and functions

The Ministry of Post and Telecommunications is a Government agency performing the functions of State management over post, telecommunications, information technology, electronics, the Internet, transmission and broadcast, radio frequencies and national information infrastructure throughout the country (hereinafter referred collectively to as post, telecommunications and information technology); State management over public services and representing the owner of State capital at enterprises with State capital in the fields of post, telecommunications and information technology according to the provisions of law.

Article 2.- Tasks and powers

The Ministry of Post and Telecommunications shall have to perform the tasks and exercise the powers prescribed in the Government’s Decree No.86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structure of the ministries and ministerial-level agencies, as well as the following specific tasks and powers:

1. To submit to the Government bills, draft ordinances and other legal documents on post, telecommunications and information technology;

2. To submit to the Government development strategies and planning, long-term, five-year and annual plans as well as important projects on post, telecommunications and information technology;

3. To promulgate legal documents, criteria and quality and prescribe the application thereof in the fields of post, telecommunications and information technology falling under its competence;

4. To organize and direct the implementation of legal documents, development strategies and planning as well as long-term, five-year and annual plans on post, telecommunications and information technology after they are approved; propagate, educate and popularize the legislation and information on post, telecommunications and information technology;

5. To exercise the State management in the field of application of information technology;

6. To exercise the uniform management over programs for development of information technology and electronic industries;

7. To direct and inspect the performance of tasks in service of information and communication requirements; manage safety and confidentiality in post, telecommunications and information technology activities according to the provisions of law;

8. To manage and expertise standards and quality of post, telecommunications and information technology networks, projects, products and services;

9. To stipulate and manage the numerical store, codes, domain names and addresses used in post, telecommunications and information technology;

10. To manage the connection and hook-up with the public, specialized and exclusive-use networks in telecommunications activities;

11. To plan, distribute and fix radio frequencies; inspect and control the use of radio frequencies and transmitters; organize radio frequency coordination with other countries and register radio frequencies and satellite orbits with relevant international organizations;

12. To direct and inspect service prices and charges in the fields of post, telecommunications and information technology under law provisions;

13. To assume the prime responsibility for evaluating and submitting to the Prime Minister for decision investment projects in the fields of post, telecommunications and information technology according to the provisions of law;

14. To manage the issuance, temporary suspension, suspension and revocation of permits, licenses and certificates on post, telecommunications, radio frequencies and the Internet according to law provisions;

15. To decide on measures for mobilizing post and telecommunications networks and services as well as post, telecommunications and information technology means and equipment in service of emergency cases related to national security, natural disasters or enemy sabotage under the Government’s or the Prime Minister’s authorization;

16. To undertake international cooperation in the fields of post, telecommunications and information technology according to law provisions;

17. To decide on the printing and issuance of postage stamps; withdraw and handle postage stamps; and prescribe the archival, expertise, destruction, import and export of postage stamps;

18. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances in the fields of post, telecommunications and information technology;

19. To decide on undertakings and specific measures, and direct the implementation of operation mechanisms of public-service organizations in the fields of post, telecommunications and information technology under law provisions; manage and direct the operations of non-business organizations attached to the Ministry;

20. To perform specific tasks and exercise specific powers belonging to the right of the representative of the owner of State capital at enterprises with State capital in the fields of post, telecommunications and information technology, managed by the Ministry according to law provisions;

21. To exercise the State management over activities of associations and non-governmental organizations in the fields of post, telecommunications and information technology under law provisions;

22. To examine, inspect and settle complaints and denunciations against corruption and negative acts, and handle law violations in the fields of post, telecommunications and information technology, which fall under its competence;

23. To decide on, and direct the implementation of, the Ministry’s administrative reform program in accordance with the objectives and contents of the State administrative reform program already ratified by the Prime Minister;

24. To manage its organizational apparatus and payroll personnel; direct the implementation of wage regime as well as regimes and policies on preferential treatment, commendation and discipline of State officials and employees managed by the Ministry; professionally train and foster State officials and employees in the fields of post, telecommunications and information technology; formulate titles of State officials and employees, and promulgate technical and professional titles, standards and grades in post, telecommunications and information technology;

25. To manage assigned finance and properties, and organize the implementation of allocated budget under law provisions.

Article 3.- Organizational structure of the Ministry

a/ Organizations assisting the Minister to perform the State management function:

1. The Postal Department;

2. The Telecommunications Department;

3. The Information Technology Industry Department;

4. The Science-Technology Department;

5. The Planning- Finance Department;

6. The International Cooperation Department;

7. The Legal Department;

8. The Organization and Personnel Department;

9. The Radio Frequency Department;

10. The Department for Control of Post, Telecommunications and Information Technology Quality;

11. Region-I Department for Post, Telecommunications and Information Technology;

12. Region-II Department for Post, Telecommunications and Information Technology;

13. Region-III Department for Post, Telecommunications and Information Technology;

14. The Inspectorate;

15. The Ministry’s Office.

b/ Non-business organizations attached to the Ministry:

1. The Institute for Post, Telecommunications and Information Technology Strategies;

2. The Vietnam Internet Center;

3. The Information Center;

4. The Post, Telecommunications and Information Technology Magazine;

5. The Vietnam Post newspaper.

Article 4.- Implementation effect

This Decree takes effect as from the date of its signing.

To annul the Government’s Decree No.12/CP of March 11, 1996 on the functions, tasks, powers and organizational structure of the General Department of Post and Telecommunications.

Article 5.- Responsibility for implementation

The Minister of Post and Telecommunications, the other ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.