Nghị định 132/2013/ND-CP

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of Minister of Information and Communications;

Government promulgates Decree defining the functions, tasks, powers and organizational structure of the Ministry of information and communications,

Article 1. Position and function

The Ministry of Information and Communications is a governmental agency, performing the function of state management of the press; publication; postage; telecommunications; radio frequencies; information technology; electronics; radio and television broadcasting; news agencies; external information; information provision for grassroots and national information and communication infrastructures; and state management of public services in the branches or domains falling within the scope of its state management.

Article 2. Tasks and powers

The Ministry of Information and Communications performs the tasks and powers specified in the Government’s Decree No. 36/2012/ND-CP of April 18, 2012, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills, ordinance projects, draft resolutions of the National Assembly, the National Assembly Standing Committee; draft decrees of the Government under its approved annual legislative programs or plans and projects or schemes assigned by the Government or the Prime Minister.

2. To submit to Government, the Prime Minister long-term, five-year and annual development strategies, planning and plans; national target programs, action programs and important national projects or works, programs and schemes on providing public services, public non-business services belonging to branches or domains; draft decisions, directives and other documents under the direction and control competence of the Prime Minister.

3. To promulgate Circular, decisions, directives and other documents on managing branches and domains within the scope of its state management.

4. To direct, guide, inspect and organize the implementation of legal documents, approved strategies, planning and plans falling within the scope of its state management; to inform, propagate, disseminate and educate law on branches and domains under its state management.

5. With regard to the press (including the printed press, electronic press, radio, television, newsletter):

a) To guide, direct and organize the implementation of the plannings on press networks nationwide and foreign-based representative offices of Vietnamese press agencies, which have been approved by the Prime Minister;

b) To hold press briefings and manage press information according to legal provisions on press;

c) To observe the regulations on speakers supplying information to the press under the Prime Minister’s regulations;

d) To promulgate the regulations on organization of press contests, festivals, workshops;

dd) To provide for the deposit of newspapers and manage the national newspaper depository;

e) To grant, extend, amend, supplement, suspend, cancel and withdraw permits for press activities; permits for publication of newsletters, special issues, additional issues, supplements, special programs, additional programs; press cards; to grant permits for distribution of overseas-published newspapers in Vietnam; acceptance for press conference;

g) To guide activities of the press and journalists nationwide, to coordinate with concerned agencies in managing Vietnamese press activities related to foreign countries and press activities of foreigners and foreign organizations in Vietnam;

h) To reach agreement on the appointment, relief from duty of editors in chief, deputy-editors in chief, directors general, deputy-directors general, directors, deputy-directors of press agencies;

i) To prescribe the standards, qualifications and professional operations of the heads of press agencies;

k) To manage services of radio and television as prescribed by law.

6. With regard to publication (including publishing, printing and distribution of publications):

a) To guide, direct and organize the implementation of the plannings on networks of publishing, printing and distribution of publications; policies on publishing activities already approved by the Prime Minister;

b) To specify the establishment conditions for organizations operating in publishing, printing, and distribution of publications in accordance with law;

c) To grant, extend, amend, supplement, suspend, cancel and withdraw permits for establishment of publishing houses, permits for opening of representative offices of foreign publishing houses in Vietnam; permits for opening of representative offices of foreign organizations in Vietnam in the field of distribution of publications in accordance with law;

d) To grant, extend, amend, supplement, suspend, cancel and withdraw permits for publishing non-commercial documents; permits for activities of printing products requiring permits; permits for printing of publications on order placed by foreign countries; permits for import of printing equipment; permits for publication import business activities; permits for exhibitions, and trade fairs on publications in accordance with law; to manage the publication and dissemination of works to foreign countries according to its competence;

dd) To certify and manage the registration of publishing plans of publishing houses, registration of printing activities for products not requiring license, registration of lists of imported publications of publication import business establishments;

e) To organize appraisal of publications as prescribed by law; to organize inspection on the deposited publications and manage depository of publications; to organize the order and bringing publications to geographical areas belonging to preferential investment of state; to hold festivals of publications at national level and promote publications abroad as prescribed by law;

g) To decide on the termination, recovery, confiscation, circulation ban and destruction of illegal publications;

h) To grant, extend, withdraw editor card as prescribed by law;

i) To manage activities supporting for publication as prescribed by law;

k) To reach agreement on the appointment, relief from duty of directors and editors in chief of publishing houses;

l) To prescribe the standards, qualifications and professional operations of the heads of publishing agencies and editors of publishing houses.

7. Regarding external information:

a) To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and relevant ministries and sectors in implementing state management on external information;

b) To Formulate and manage implementation of strategies, plannings, plans, programs on external information;

c) To guide the external information content for news agents, press agencies of Vietnam; to guide the Services of Information and Communications in managing external information.

8. Regarding advertisement:

To perform tasks on managing advertisements on press, internet environment, publications and advertisements integrated on products and services of postage, telecommunication, and information technology as prescribed by law; to grant, extend, amend, supplement, and withdraw permits of producing channels, programs on advertisement for audio press and visual press.

9. Regarding postage:

a) To guide, direct and organize the implementation of post plans, projects, schemes, programs; mechanism and policies on postal activities; lists of public services in the post and mechanisms in support for enterprises appointed to provide public services in the post as prescribed by law;

b) To promulgate according to its competence charge rates of public service in the post, scope of exclusive services in the post; technical standards on postal activities;

c) To grant, extend, amend, supplement, cancel and withdraw assorted permits for import of postage stamps, postal permits, certification on postal activity notice as prescribed by law;

d) To manage information safety in postal activities; competition and dispute settlement in the post domain;

dd) To prescribe and manage postage stamps;

e) To prescribe and manage the public postal network; provision of public services in the post;

g) To prescribe and manage the national post numbering code set, Vietnam’s postage stamp numbering code set;

h) To prescribe and manage quality, charge of postal services.

10. Regarding telecommunication:

a) To guide, organize and inspect the implementation of the national planning on telecommunications and Internet development; mechanisms and policies for telecommunications and Internet development; to manage the telecommunications market; to organize implementation of programs on provision of public telecommunications services;

b) To appraise content of reports on pre-feasibility research, reports on feasibility research of programs, projects, schemes on investment in development of Internet and telecommunication infrastructure under its competence;

c) To guide and manage competitions and dispute settlement in the telecommunication and internet domains;

d) To grant, extend, amend, supplement, suspend, cancel and withdraw assorted telecommunication permits as prescribed by law;

dd) To promulgate and organize the implementation of plannings and regulations on management of the number budget and domain names, Internet addresses; and decisions on allocation and recovery of numbers and domain names, Internet addresses;

e) To promulgate and organize implementation of regulations on managing price and charge of telecommunication and internet services; to protect rights and benefits of users of telecommunication and internet services;

g) To promulgate and organize implementation of regulations on managing connection of telecommunications networks;

h) To promulgate according to its competence standards, technical regulations; to manage quality of products, equipment, network and services in the telecommunication and internet domains;

i) To manage implementation of provision of public telecommunication services;

h) To guide formulation and carry out plannings on passive telecommunication infrastructure;

l) To manage system of telecommunication measurement and test;

m) To set up, manage, operate, and exploit with assurance for safety of the system of national domain name servers, national stations for internet transshipment.

11. Regarding radio frequencies

a) To guide and organize the implementation of the wave transmission planning; the national radio frequency spectrum planning, which have been already approved by the Prime Minister;

b) To assume the prime responsibility for, and coordinate with the Ministry of National Defense, the Ministry of Public Security in, the division of frequency bands for defense and security purposes and submit it to the Prime Minister for approval;

c) To promulgate the frequency band planning and plannings on division of frequency channels, use of frequency channels; to prescribe conditions for allocation, setting and use of radio frequencies and radio wave bands;

d) To promulgate standards and regulations on radio equipment, standards and regulations on radio radiation and magnetic compatibility;

dd) To prescribe technical conditions and conditions for exploitation of assorted radio equipment exempted from permit, to prescribe technical conditions (frequencies, transmission capacity) for radio equipment before producing or importing them for use in Vietnam;

e) To provide for the training and granting of certificates of radio operators;

g) To grant, extend, amend, supplement, suspend, cancel or withdraw assorted radio frequency permits;

h) To inspect and control radio frequencies and equipment, to handle harmful interferences; to manage magnetic compatibility of radio equipment and radio equipment systems;

i) To register international frequencies, to conduct international coordination in radio frequencies and satellite orbits.

12. Regarding electronic information:

a) To promulgate according to its competence and organize implementation of regulations on e-game services and services of information and application provision on telecommunication network and internet network;

b) To grant, extend, amend, supplement, suspend, cancel and withdraw assorted permits and certificates on electronic information.

13. Regarding information technology and electronic (including information technology industries and applications, and information safety):

a) To guide, direct and organize the implementation of plannings, programs, schemes and projects on information and electronic technologies; mechanisms, policies and regulations in support of development of software, hardware, electronic and digital content industries, information technology services; the list and regulations on exploitation of national databases; regulations on management of investment in the application of information technology with the use of state capital;

b) To promulgate according to its competence management mechanisms and policies and regulations related to products and services on information technology, electronic and national database;

c) To grant, extend, amend, supplement, suspend, cancel and withdraw assorted permits certifications and certificates related to information technology and electronic; to perform quality management in activities of information technology applications, service provision, computer network, and products and equipment on information technology and electronic;

d) To assume the prime responsibility for, and coordinate in formulating support policies on training and developing human resources in information technology, the specialized certificates and certifications related in information technology;

dd) To organize formulation of information technology infrastructure in serve of information technology application creating background for development of electronic Government in linkage with programs on administrative reform;

e) To manage programs on application and development of information technology and electronic; the electronic government conformity frame and standard architecture of national information systems;

g) To perform the function of organizing the provision of services on authentication of national digital signatures in accordance with law;

h) To organize examination, assessment, ranking of information technology application levels in state agencies, organizations and enterprises;

i) To prescribe and manage information safety; to ensure information safety for information and internet systems; to ensure information safety for activities of information technology application and development; prevention and fighting of spam mails; to organize implementation of functions on managing and coordinating activities of coping with computer incidents nationwide;

k) To prescribe and manage the production, business, export and import activities of information safety products and services as prescribed by law; to organize test and assessment to grant the information safety certificates;

l) To formulate and organize operation of information safety assurance systems; training and re-training with the aim to raise awareness on information safety.

14. Regarding information provision for grassroots:

a) To guide, direct, organize implementation of plannings, plans on information provision and propagation;

b) To formulate or appraise contents of information and propagation within its functions and tasks according to guidelines of Party, policy and law of State and to guide organization of implementation;

c) To coordinate in guiding formulation and organization of the information and propagation system at grassroots nationwide.

15. Regarding Information and Communication infrastructures:

a) To guide and organize the implementation of legal provisions on protection of safety and security for information and communication infrastructures;

b) To promulgate according to its competence measures to ensure safety of information and communication infrastructures, and information security; mechanisms, policies and regulations on the common use of information and communications infrastructures;

c) To manage safety of equipment, telecommunication infrastructures as prescribed by law; to coordinate with the Ministry of National Defense, the Ministry of Public Security in ensuring security and safety of important works involving national security in the telecommunication and information technology domains.

16. To coordinate and organize implementation of legislations on intellectual property for press products, coded radio and television programs, publications postage stamps, products and services of information technology and communications; for inventions under sectors and domains managed by the Ministry;

17. To perform the awarding of prizes and honorable titles in the information and communication domain after they are approve by the Prime Minister; to decide according to its competence prizes and honorable titles in the information and communication domain; to organize implementation of the work on emulation and commendation as prescribed by law.

18. To decide on and organize the application of measures to prevent illegal information and communication activities.

19. To promulgate national technical regulations, to propose for announcement of national standards in branches or domains falling within its management scope; to promulgate legal documents on quality management in domains falling within its management scope, to organize participation in agreements on mutual recognition with other countries.

20. To grant permits for goods export and import in branches or domains under its management in accordance with law; to grant, extend, suspend, cancel or withdraw assorted certifications, certificates of quality of networks, works, products and services in the branches or domains under its management.

21. To decide on measures to mobilize information and communication networks and services, means and equipment in emergency cases related to national security, natural disasters or enemy sabotage under authorization of the Government or the Prime Minister.

22. To direct and administer special-use or exclusive information networks in service of the direction and administration by Party or State agencies.

23. To manage and carry out programs, schemes and investment projects in branches or domains falling within the scope of its management according to law; to formulate and promulgate techno-economic norms, cost norms and other specialized norms in branches or domains under its management; to conduct and manage the work of making specialized statistics according to law.

24. To formulate and sum up its annual investment and development plans, annual revenue and expenditure budget estimates, coordinate with the Finance Ministry in making and synthesizing budget revenues and expenditures according to branches or domains under its management, non-business expenditures involving information (press, publication, external information, information provision for grassroots) of ministries, ministerial-level agencies, government-attached agencies, and provinces and centrally run cities for the Government to submit them to the National Assembly; to manage the assigned assets; to manage, implement and settle the state budget, various capital sources and funds according to law.

25. To perform eternal relationship, international integration and cooperation in branches and domains under its management as prescribed by law.

26. To organize the formulation and implementation of plans on scientific research, application of scientific and technological advances, development of hi-tech products, technology renovation and environmental protection in the branches or domains under its management; to mange provision of public services, public services funded by state budget managed by it as prescribed by law.

27. To decide on specific undertakings and measures, and direct the implementation of mechanisms for the operation of public service organizations in the branches or domains under its management according to law; to manage and direct activities of its non-business organizations.

28. Regarding enterprises:

a) To promulgate or submit to competent authorities for promulgation of mechanisms and policies on support for development of enterprises in the information and communication domains and coordinate with relevant agencies and organizations in directing, guiding and inspecting organization of implementation;

b) To approve or submit to competent authorities for approval of overall schemes on re-structuring, schemes on arrangement, renovation and development of state enterprises operating in the information and communication domains and to direct organization of implementation under assignment and decentralization;

c) To guide and inspect implementation of regulations applicable to the conditional business and service branches and trades and handle violations under its competence;

d) To perform powers, duties and obligations of state owner for state-owned enterprises and state capital parts invested in other enterprises as prescribed by law.

29. To perform tasks and powers on associations and non-governmental organizations under its state management as prescribed by law.

30. To inspect, examine, settle complaints and denunciations, to handle law violations related to branches and domains under its competence; to organize the prevention of and combat against corruption and waste, thrifty practice in agencies and units under the Ministry.

31. To decide on and organize the implementation of its administrative reform plan according to the state administrative reform programs and plans of the Government and the Prime Minister’s directions; to decide on and direct the renewal of working modes, modernization of offices and application of information technology in service of its activities; to report on annual administrative reforms within its management scope according to regulations.

32. To organize rank promotion examinations for information and communications employees; to promulgate standards, qualifications and norms in professional operation and skills for employees ranks in the branches or domains assigned or decentralized to the Ministry for management after getting the appraisal opinions of the Ministry of Home Affairs; to formulate professional standards of officials ranks in the branches or domains assigned or decentralized to the Ministry for management for promulgation by the Ministry of Home Affairs; to promulgate professional standards of heads of professional branch or domain agencies of provincial/ municipal Peoples Committees.

33. To manage the apparatus organization, payroll of civil servants, positions, structure of public employees under occupational titles and quantity of persons working in public non-business units; to decide on rotation, retirement, transfer, appointment, relief from duty, dismissal, commendation, discipline; entitlements and policies, training and re-training for cadres, civil servants, public employees; recruitment, employment and wage regime for  cadres, civil servants, public employees under its competence.

34. To train and develop human resource under its management domains; to perform forecast on demand and planning on development of human resources in information technology and communication, press, and publication; to coordinate with the Ministry of Education and Training in managing the its affiliated training establishments as prescribed by law.

35. To perform other tasks and powers as prescribed by law.

Article 3. Organizational structure of Ministry

1. The Post Department.

2. The Information Technology Department.

3. The Science and Technology Department.

4. The Planning and Finance Department.

5. The enterprise management Department.

6. The International Cooperation Department.

7. The Legal Affair Department.

8. The emulation and commendation Department.

9. The Organization and Personnel Department.

10. The grassroots information Department.

11. The Inspectorate of Ministry.

12. Office of Ministry.

13. The Telecommunications Department

14. The Radio Frequency Department.

15. The information safety Department.

16. The Computerization Department.

17. The Press Department.

18. The publication, printing and distribution Department.

19. The Radio, Television and Electronic Information Department.

20. The External Information Department.

21. The Central Post Department.

22. The Southern Affair Department

23. The Information and Communication Strategy Institute.

24. The Information and Communication Technology magazine.

25. The Vietnam Post newspaper.

26. VTC digital technical television.

27. The Information Center.

28. The Press and International Communication Cooperation Center.

29. The Information and Communication Managers Training School.

The units defined in Clause 1 thru Clause 22 of this Article are organizations assisting the Minister in performing the state management function; the units defined in Clause 23 thru Clause 29 of this Article are non-business organizations of the Ministry. The Minister of information and communications shall define the functions, tasks, powers and organizational structure of the affiliated units as prescribed by law.

The Organization and Personnel Department, the Planning and Finance Department, and the science and technology Department may organize not more than 4 divisions.

The Minister of information and communications shall submit to the Prime Minister for promulgation of list of non-business units, state finance organizations and press agencies attached to the Ministry.

Article 4. Effect

This Decree takes effect on December 02, 2013, to annul the Government’s Decree No. 187/2007/ND-CP of December 25, 2008, defining the functions, tasks, powers and organizational structures of the Ministry of Information and Communications; the Government’s Decree No. 50/2011/ND-CP of June 24, 2011, on amending the Government’s Decree No. 187/2007/ND-CP of December 25, 2008 and previous regulations in contrary to this Decree.

Article 5. Transitional provisions

The Telecommunication Department, the Radio Frequency Department shall further implement current regulations until the Minister of information and communications decides on functions, tasks, powers and organizational structure of these units.

Article 6. Effect

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal Peoples Committees shall implement this Decree.