Joint Circular No. 02/2004/TTLT-BBCVT-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Posts and Telecommunications under the People's Committee of provinces and centrally governed cities.

JOINT CIRCULAR

Guidelines on the functions, tasks, powers, and organizational structure of the Department of Posts and Telecommunications

 under Provincial People's Committees and Municipal People's Committees under the Central Government

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On the basis of Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

Based on Decree No. 171/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under provincial People's Committees and Decree No. 172/2004/NĐ-CP dated September 29, 2004 of the Government stipulating the organization of specialized agencies under district, town, city, and provincial-level People's Committees;

Pursuant to Decree No. 101/2004/NĐ-CP dated February 25, 2004 of the Government on the establishment of the Department of Posts and Telecommunications under the People's Committees of provinces and centrally governed cities;

The Joint Ministries of Posts and Telecommunications and Home Affairs issue guidelines on the functions, tasks, powers, and organizational structure of the Department of Posts and Telecommunications to assist the People's Committees of provinces and centrally governed cities in managing state affairs related to posts, telecommunications, and information technology at the local level as follows:

I. POSITION AND FUNCTION

The Department of Posts and Telecommunications is a specialized agency under the People's Committee of the province (hereinafter referred to as the province); it advises and assists the People's Committee of the province in performing state management functions within the province regarding posts, telecommunications, information technology, electronics, Internet, broadcasting transmission, radio frequency, and information infrastructure (collectively referred to as posts, telecommunications, and information technology); manages public services related to posts, telecommunications, and information technology within the province; performs certain tasks and powers delegated by the People's Committee of the province and as prescribed by law.

The Department of Posts and Telecommunications is subject to the direction and management of organization, staffing, and personnel work by the People's Committee of the province, while also being subject to the direction and supervision of professional matters by the Ministry of Posts and Telecommunications.

II. TASKS AND POWERS

1. Submit decisions and directives to the People's Committee of the province for issuance concerning areas within the scope of management of the Department and bear responsibility for the content of the submitted documents;

2. Submit planning, development plans, programs, and projects related to posts, telecommunications, and information technology within the province to the People's Committee of the province in accordance with the overall socio-economic development plan of the locality and the national development plan for posts, telecommunications, and information technology;

3. Organize, direct, inspect, and be responsible for implementing regulatory legal documents, strategies, plans, programs, projects, standards, and economic-technical norms concerning posts, telecommunications, and information technology that have been approved; disseminate and educate about laws in areas within the scope of management of the Department;

4. Regarding posts:

4.1. Submit specific solutions to the People's Committee of the province for implementing public welfare activities related to posts within the province in accordance with the law; be responsible for implementation and inspection after approval;

4.2. Guide, inspect, and organize the implementation of security protection work for post networks, safety, and information security in post activities within the province in accordance with the law;

4.3. Coordinate with relevant agencies to inspect the implementation of regulations on applying standards and quality in the field of posts within the province;

5. Regarding telecommunications, Internet, and broadcasting transmission:

5.1. Submit specific solutions to the People's Committee of the province for implementing public welfare activities related to telecommunications and Internet within the province; be responsible for implementation and inspection after approval;

5.2. Guide, inspect, and organize the implementation of security protection work for telecommunications networks, safety, and information security in telecommunications and Internet activities within the province in accordance with the law;

5.3. Guide and inspect the implementation of frequency allocation planning for radio and television stations operating within the province;

5.4. Coordinate with relevant agencies to inspect the implementation of regulations on applying standards and quality in the fields of telecommunications and Internet within the province;

6. Regarding electronics and information technology:

6.1. Submit proposals for developing the information technology industry, including hardware, software, and electronics industries within the province to the People's Committee of the province in line with the national strategy, planning, and plans, and organize implementation after approval;

6.2. Submit programs and plans for the application and development of information technology within the province to the People's Committee of the province and organize implementation after approval;

6.3. Submit mechanisms and policies to promote the application of information technology suitable to the characteristics of the locality and in line with the national information technology development plan;

6.4. Submit plans for training and developing human resources in information technology within the province to the People's Committee of the province; be responsible for organizing implementation after approval;

6.5. Be responsible for implementing government and Ministry of Posts and Telecommunications programs for socializing information technology within the province according to the division of labor by the People's Committee of the province;

6.6. Appraise programs and projects for the application of information technology within the province in accordance with the law; organize implementation of information technology investment projects assigned by the People's Committee of the province;

6.7. Submit regulations on information technology security to the People's Committee of the province for issuance within its authority; be responsible for organizing and guiding implementation after issuance;

7. Assist the People's Committee of the province in managing state affairs related to enterprises operating in the fields of posts, telecommunications, and information technology within the province in accordance with the law;

8. Guide and inspect the implementation of public service activities related to posts, telecommunications, and information technology within the province in accordance with the law; assist the People's Committee of the province in organizing communication work to serve Party and State agencies, defense, security, diplomacy; flood and storm prevention information; rescue and emergency information within the province in accordance with the law;

9. Participate in or conduct appraisals and bear responsibility for the content of appraisals of investment projects in the specialized fields of posts, telecommunications, and information technology within the province in accordance with the law;

10. To organize research and application of scientific and technological advancements in the postal, telecommunications, and information technology sectors; guide enterprises in implementing state regulations on technical standard application, product quality disclosure, and service quality for postal, telecommunications, and information technology businesses within the province.

11. Implement regular and ad hoc reporting systems regarding the execution of assigned tasks according to the regulations of the Provincial People's Committee and the Ministry of Posts and Telecommunications; participate in statistical surveys as directed by the Ministry of Posts and Telecommunications.

12. Carry out international cooperation activities in the postal, telecommunications, and information technology sectors as assigned by the Provincial People's Committee and in accordance with the law.

13. Assist the Provincial People's Committee in managing state activities of associations and non-governmental organizations operating in the postal, telecommunications, and information technology sectors within the province in accordance with the law.

14. Conduct inspections, investigations, handle complaints, accusations, anti-corruption efforts, and address violations of laws related to postal, telecommunications, and information technology within the scope of management as stipulated by the law.

15. Manage organizational structures, staffing, implement salary systems, and policies for incentives, rewards, and disciplinary actions for officers, civil servants, and employees under its jurisdiction; organize training and professional development for officers, civil servants, and employees under the Department's jurisdiction in accordance with the law.

16. Direct and implement administrative reform programs in areas under the Department's national management authority after approval by the Provincial People's Committee.

17. Manage the financial and asset affairs of the Department in accordance with the law and the delegation from the Provincial People's Committee.

18. Perform other tasks as assigned by the Provincial People's Committee and delegated by the Ministry of Posts and Telecommunications.

III. ORGANIZATION AND STAFFING

1. Leadership of the Department:

The Department of Posts and Telecommunications has a Director and not more than three Deputy Directors. The Director of the Department is responsible and reports work to the Provincial People's Committee, the Ministry of Posts and Telecommunications, and the Provincial People's Council when required.

The Director of the Department is accountable to the Provincial People's Committee and the law for all activities of the Department and the tasks assigned.

Deputy Directors assist the Director, are responsible to the Director and the law for the areas of work they are assigned.

The Chairman of the Provincial People's Committee decides on the appointment of the Director and Deputy Directors of the Department based on professional standards issued by the Minister of Posts and Telecommunications and in accordance with Party and State regulations on cadre work; the removal, commendation, and disciplinary actions for the Director and Deputy Directors of the Department are carried out according to the law.

2. The structure and organization of the Department include:

- Office (Organization, Administration, Management, Finance);

- Specialized and operational departments;

- Inspection;

- Public service organizations.

The establishment of specialized departments is based on the principle of ensuring comprehensive coverage of the Department's work areas; the functions and responsibilities of each department must be clear and not overlap with those of other departments and organizations within the Department; it should be suitable for local characteristics and workload; ensure simplicity in administrative procedures and convenience in handling requests from organizations and citizens.

The number of specialized departments of the Departments shall not exceed three. For centrally-administered cities, it shall not exceed four.

The number and names of specialized departments of the Department are decided by the Director of the Department of Posts and Telecommunications and the Director of the Department of Home Affairs upon submission to the Chairman of the Provincial People's Committee.

The Director of the Department of Posts and Telecommunications coordinates with the Director of the Department of Home Affairs to submit to the Provincial People's Committee for approval the establishment of subordinate public institutions in accordance with the law, defines the functions and responsibilities of the Inspectorate, and approves the operational regulations of the Department. The Director of the Department of Posts and Telecommunications specifies the duties and powers of the Office, specialized departments, and subordinate public institutions, and defines the authorities and responsibilities of heads of organizations under the Department in accordance with the law.

3. Staffing:

The staffing of the Office, Inspectorate, and specialized departments is state management staffing determined by the Provincial People's Committee based on proposals from the Director of the Department of Posts and Telecommunications and the Director of the Department of Home Affairs.

The Director of the Department of Posts and Telecommunications assigns and utilizes officers, civil servants, and employees of the Department in accordance with their positions and national civil servant and employee rank standards as stipulated by the law on cadres and civil servants.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette. Previous regulations and guidelines that conflict with this Circular are abolished.

2. Based on this Circular, assign the Director of the Department of Posts and Telecommunications to coordinate with the Director of the Department of Home Affairs to submit to the Provincial People's Committee for the definition of the provincial-level People's Committee's state management tasks in postal, telecommunications, and information technology in accordance with the guidance of the Ministry of Posts and Telecommunications.

3. During the implementation of this Circular, if there are difficulties, obstacles, or suggestions for supplementation and amendment, localities should report to the Ministry of Posts and Telecommunications and the Ministry of Home Affairs for study and resolution./.