Joint Circular No. 03/2008/TTLT-BTTTT-BNV guiding the functions, tasks, powers, and organizational structure of the Department of Information and Communications under the Provincial People's Committee and the Cultural and Information Office under the District People's Committee.

JOINT CIRCULAR

Guidelines for the functions, tasks, powers, and organizational structure of the Department of Information and Communications under the Provincial People's Committee, and the Cultural and Information Office under the District People's Committee

Information and Communications Department under the Provincial People's Committee, Cultural and Information Office under the District People's Committee

Cultural and Information Office under the District People's Committee

______________________

Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the provincial People's Committees and municipalities directly under the Central Government;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the district, town, city, and provincial People's Committees;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Ministry of Information and Communications and the Ministry of Home Affairs issue guidelines on the functions, tasks, powers, and organizational structure of the Department of Information and Communications under the Provincial People's Committee, and the Cultural and Information Office under the District People's Committee as follows:

Part I.

Clause 3. Draft regulations on qualification standards for heads and deputy heads of organizations under the Department; heads and deputy heads of the Department of Culture and Information under the district People's Committee after coordinating and reaching consensus with the Department of Culture, Sports, and Tourism.

I. POSITION AND FUNCTIONS

1. The Department of Information and Communications is a specialized agency under the Provincial People's Committee (hereinafter referred to as the Provincial People's Committee) with the function of advising and assisting the Provincial People's Committee in managing state affairs regarding: press; publishing; postal services and delivery; telecommunications and the internet; broadcasting and transmission; radio frequency spectrum; information technology and electronics; radio and television; infrastructure for information and communication; advertising in press, computer networks, and publications (hereinafter referred to as information and communication); certain public services within its jurisdiction; implementing certain tasks and powers delegated by the Provincial People's Committee and as prescribed by law.

2. The Department of Information and Communications has legal personality, its own seal and separate bank accounts; it is subject to the direction and management of organization, staffing, and personnel work by the Provincial People's Committee, while also being subject to professional guidance and supervision by the Ministry of Information and Communications.

II. TASKS AND POWERS

1. Submit to the provincial People's Committee:

a) Drafting long-term development plans, five-year plans, and annual plans, programs, projects, and initiatives concerning information and communication; programs and measures to organize the implementation of state administrative reform tasks, decentralization, and socialization in areas under its jurisdiction;

b) Drafting decisions and directives within the authority of the Provincial People's Committee regarding information and communication fields;

c) Drafting regulations on qualification standards for heads and deputy heads of organizations under the Department; heads and deputy heads of the Cultural and Information Office under the District People's Committee, after coordinating and reaching consensus with the Department of Culture, Sports, and Tourism.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Drafting decisions and directives within the authority of the Chairman of the Provincial People's Committee regarding the field of information and communication;

b) Drafting decisions on establishing, merging, or dissolving units under the Department in accordance with the law.

3. Directing, inspecting, and organizing the implementation of normative legal documents, plans, programs, projects, national standards, economic and technical norms concerning information and communication that have been approved; organizing information dissemination, popularization, and legal education activities in areas under its jurisdiction.

4. Regarding press (including print, broadcast, television, and online newspapers):

Clause 6. Assist the provincial People's Committee in considering and approving the establishment of representative offices, liaison offices, and permanent agencies of central press agencies and other local press agencies in the locality.

Clause 7. Implement approved plans for developing local radio and television broadcasting services.

Clause 8. Manage radio and television services; the use of equipment to receive direct satellite broadcast signals for units, organizations, and individuals in the locality according to the law.

d) Responding to requests for organizing press conferences from local agencies and organizations;

đ) Receiving, examining files, and recommending competent authorities to issue press cards, permits for press activities, and publication licenses for press products and other informational materials according to the law for local press agencies and other local agencies and organizations;

e) Considering permission for press agencies from other localities to establish representative offices, liaison offices, and permanent agencies in their locality;

g) Organize the implementation of the plan for the development of radio and television affairs in the locality after approval;

h) Managing the use of equipment to receive satellite direct broadcast signals for organizations, entities, and individuals in the locality in accordance with the law.

5. Regarding publishing:

a) Examining applications for establishing publishing houses from organizations and agencies under the province to submit to the Provincial People's Committee for the Ministry of Information and Communications to grant permission to establish publishing houses in accordance with the law;

b) Issuing and revoking permits for non-commercial publication materials for local agencies and organizations, branches, representative offices, and subordinate units of central agencies in the locality; issuing and revoking import permits for non-commercial publications for local agencies, organizations, and individuals; issuing and revoking printing permits for publications and foreign printing permits for local printing establishments in accordance with the law on publishing;

c) Issuing and revoking permits for exhibitions and book fairs; temporarily suspending exhibitions and book fairs organized by local agencies, organizations, and individuals;

d) Managing the deposit and reading of published materials authorized by the locality; inspecting and handling violations found in deposited publications within its authority;

đ) Inspecting compliance with laws on publishing; resolving complaints, accusations, and handling violations in publishing activities at the local level within its authority;

e) Temporarily suspending printing activities or halting the printing of publications currently being printed if they violate the Law on Publishing, and reporting to the Minister of Information and Communications and the Chairman of the Provincial People's Committee; temporarily suspending the distribution of publications with content violating the Law on Publishing by local distribution outlets;

g) Implementing the destruction of publications violating the law according to the decision of the competent authority.

6. Regarding postal services and delivery:

a) Direct, inspect, organize the implementation of work to ensure safety and security in postal and courier activities within the province in accordance with the provisions of the law;

b) Coordinate with relevant agencies to inspect the implementation of regulations on the application of standards, service quality, information security in postal and courier activities within the province;

c) Confirm in writing the notification of business operations for courier services for enterprises operating courier services within the province;

d) Issue, amend, supplement, and revoke licenses for postal courier services according to the authority granted;

đ) Coordinating in implementing state management work related to postal stamps within the locality;

7. Regarding telecommunications and the Internet:

a) Direct, inspect, and guide telecommunications and Internet enterprises to implement work to ensure information security within the province in accordance with the provisions of the law;

b) Coordinate with relevant agencies to conduct inspections and checks on the implementation of regulations regarding tariffs, standards, and quality in the field of telecommunications and the Internet within the province in accordance with the provisions of the law;

c) Take the lead in conducting inspections and handling violations by enterprises and agents providing telecommunications and Internet services and users within the province in accordance with the provisions of the law and the delegation of the Ministry of Information and Communications;

d) Support telecommunications enterprises within the province in completing basic construction procedures for telecommunications projects according to licenses issued by the Ministry of Information and Communications, in line with local development plans and the provisions of the law;

đ) Coordinating with functional units of the Ministry of Information and Communications to participate in certain stages of licensing, resolving disputes regarding interconnection and shared infrastructure usage;

e) Directing the Culture and Information Departments to inspect, supervise, and handle violations by agents and users of telecommunications and Internet services within the locality according to the law;

8. Regarding information technology and electronics:

a) Organize the implementation of programs, projects, and plans on the application and development of information technology; mechanisms and policies for developing hardware, software industries, electronic industry, digital content industry, and information technology services; on building and managing concentrated information technology zones; on national database directories and management investment application and development of information technology within the province after approval;

b) Organize the implementation, report periodically, and evaluate the completion of plans on the application of information technology in the operation of provincial state agencies;

c) Establish rules and regulations on local information technology application activities;

d) Develop training, capacity building, and human resource development plans for information technology within the province, and organize their implementation after approval;

đ) Organize and guide the implementation of regulations on information technology security within the scope of authority;

e) Organize and guide the implementation of information technology application projects serving the collection, storage, and processing of digital information for provincial leadership guidance and management;

g) Establish rules for management, operation, technical assurance, and information security; guide the use of information infrastructure serving provincial government guidance, management, and operations;

h) Develop, maintain, upgrade, and ensure technical and information security for the operation of the provincial People's Committee's electronic website (website, portal); guide units in the province to uniformly connect, provide content and administrative services according to the division of labor of the provincial People's Committee;

i) Survey, investigate, and statistically analyze the situation of information technology application and development; build databases on products and enterprises at the local level to serve regular reporting tasks;

k) Perform the tasks of the specialized unit responsible for information technology in the province;

9. Regarding advertising in the press, computer networks, and publications:

a) Guide the implementation of advertising in the press, on computer networks, and in publications within the province according to the authority granted;

b) Inspect, check, and handle according to the authority granted violations by organizations, entities, and individuals engaged in advertising in the press, on computer networks, and in publications within the province;

10. Regarding transmission broadcasting, radio frequency:

a) Guide and inspect the implementation of planning for channel allocation for radio and television broadcasting within the province; regulations on conditions, technical requirements, and operational conditions for conditional-use radio equipment;

b) Conduct annual inspections of organizations and individuals using frequencies and radio broadcast equipment belonging to private radio networks, limited-range radio and television stations within the province; coordinate with regional radio frequency organizations to inspect and check other networks and stations according to plan and emergency schedules;

c) Impose penalties within the scope of authority for administrative violations by organizations and individuals who violate regulations on the use of radio wave transmitting devices and frequencies within the provincial territory;

11. Regarding copyright, related rights, and intellectual property:

a) Organize the implementation of legal provisions on copyright for press and publication products; rights to information and communication technology products and services; intellectual property rights to inventions and patents in the fields of information and communication within the province;

b) Implement legal measures to protect rights in the fields of copyright, related rights, and intellectual property within the province in accordance with the provisions of the law;

c) Guide professional protection of legal rights in the fields of copyright, related rights, and intellectual property for sectors, localities, enterprises, social organizations, and citizens concerning products and services according to the provisions of the law;

12. Assist the provincial People's Committee in managing state-owned enterprises, collective economic organizations, and private enterprises; guide and inspect the activities of associations, unions, and non-governmental organizations in the fields of information and communication within the province in accordance with the provisions of the law;

13. Guide and inspect the implementation of self-management and self-responsibility mechanisms for public service units under the management of the Department of Information and Communications in accordance with the provisions of the law;

14. Provide professional guidance and training in the fields of information and communication to the Department of Culture and Information under the provincial People's Committee;

15. Carry out state management tasks for public services in the fields of information and communication.

a) Manage public services:

For public services under the central authority's decision-making power: The Department shall coordinate with relevant enterprises and units to develop plans and projects for service provision, supervise and inspect the implementation thereof, and report on the results of implementation at the local level in accordance with the guidelines of the Ministry of Information and Communications.

For public services under the local authority's decision-making power: The Department shall take the lead and coordinate with related sectors to develop and submit plans and projects for service provision to the provincial People's Committee for approval, and organize the implementation and management of these plans and projects in accordance with the law.

b) Carry out state management over other public services as prescribed by law;

16. Assist the provincial People's Committee in organizing communication work to serve Party and State agencies, national defense, security, diplomacy; information on disaster prevention and mitigation; information on rescue and emergency situations and other urgent information within the province as prescribed by law.

17. Implement state management tasks for specialized investment projects in the field of information and communications at the local level in accordance with laws on investment, construction, and the division of responsibilities assigned by the provincial People's Committee.

18. Carry out tasks related to the development and coordination in developing economic and technical norms in the field of information and communications in accordance with the guidelines of the Ministry of Information and Communications.

19. Organize research and application of scientific and technological advancements, build information systems to serve state management and professional activities in the fields of information and communications; guide the implementation of state regulations on the application of technical standards and product quality announcements for enterprises operating in the field of information and communications within the province.

20. Implement the department’s administrative reform program in accordance with the goals and programs set by the provincial People's Committee.

21. Implement regular and ad hoc reporting on the execution of assigned tasks according to the regulations of the provincial People's Committee and the Ministry of Information and Communications; participate in conducting surveys, statistics, and providing information on events and activities in the field of information and communications as directed by the Ministry of Information and Communications.

22. Manage and organize international cooperation activities in the field of information and communications as assigned by the provincial People's Committee and as required by the Ministry of Information and Communications and in accordance with the law.

23. Conduct inspections, investigations, handle complaints, accusations, anti-corruption, and anti-waste measures in the field of information and communications in accordance with the law and the division of responsibilities assigned by the provincial People's Committee.

24. Define the functions, tasks, and authorities of the office, inspection body, and affiliated organizations and units within the organizational structure of the Department; manage the organizational structure, staffing, implement salary systems, and policies and incentives, rewards, and disciplinary actions for cadres, civil servants, and employees under its jurisdiction; organize training and professional development for cadres, civil servants, and employees under its jurisdiction in accordance with the law.

25. Manage finances and assets allocated and organize the implementation of the budget allocated in accordance with the law and the division of responsibilities assigned by the provincial People's Committee.

26. Perform other tasks assigned by the provincial People's Committee and as prescribed by law.

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Department:

a) The Department of Information and Communications has a Director and not more than three Deputy Directors; for Hanoi City and Ho Chi Minh City, there can be up to four Deputy Directors.

b) The Director is the head of the Department, responsible before the provincial People's Committee, the Chairman of the provincial People's Committee, and the law for all activities of the Department.

c) The Deputy Director assists the Director of the Department, responsible before the Director and the law for the tasks assigned; when the Director of the Department is absent, a Deputy Director of the Department may be delegated to manage the Department's activities.

d) The appointment of the Director and Deputy Directors of the Department is decided by the Chairman of the provincial People's Committee based on the professional and vocational criteria issued by the Ministry of Information and Communications and in accordance with the law. The removal, commendation, and disciplinary action against the Director and Deputy Directors of the Department are carried out in accordance with the law.

2. Organizational Structure:

a) Professional and vocational organizations under the Department of Information and Communications:

- Organizations established uniformly across Departments of Information and Communications include: Office, Inspectorate, Planning and Finance Division;

- Divisions established in accordance with the characteristics of each locality to manage areas such as Postal Services; Telecommunications; Information Technology; Press and Publishing;

Based on the nature, characteristics, and specific management requirements for the fields of information and communications in the locality, the Director of the Department of Information and Communications shall take the lead and coordinate with the Director of the Department of Personnel and Administration to submit to the Chairman of the provincial People's Committee for a specific decision on the names and number of divisions under the Department; however, the total number of divisions, Office, and Inspectorate shall not exceed seven for provinces and eight for centrally-administered cities.

b) Affiliated public service units under the Department of Information and Communications:

- Information and Communication Technology Center

- Other public service organizations (if any)

The aforementioned public service organizations are decided by the provincial People's Committee in accordance with the law.

3. Staffing:

a) The administrative staff quota of the Department of Information and Communications is determined by the provincial People's Committee within the total administrative staff quota of the province allocated by the central government.

b) The public service staff quota of units under the Department is determined by the provincial People's Committee in accordance with the staffing standard and the law.

Part II.

DEPARTMENT OF CULTURE AND INFORMATION

I. POSITION AND FUNCTIONS

1. The Department of Culture and Information is a specialized agency under the People's Committee of the district, town, city directly under province, or county (collectively referred to as the People's Committee at the district level) with the function of advising and assisting the People's Committee at the district level in managing state affairs regarding: press; publishing; postal services and delivery; telecommunications and the internet; information technology and infrastructure; radio broadcasting on the local area (the performance of the Department of Culture and Information in managing state affairs concerning culture, sports, and tourism shall be guided by the Ministry of Culture, Sports and Tourism and the Ministry of Home Affairs).

2. The Department of Culture and Information has its own seal and separate account; it is subject to the direction and management of organizational structure, staffing, and activities by the People's Committee at the district level, while also being subject to professional guidance and supervision by the Department of Information and Communications.

II. TASKS AND POWERS

1. Submit draft decisions, directives, and plans for the development of information and communications in the local area to the People's Committee at the district level; programs and measures to organize the implementation of administrative reform tasks in the fields of information and communications.

2. Propose the Chairman of the People's Committee of the district draft documents on information and communication within the Chairman's authority to issue.

3. Implement legal documents, planning, and plans after approval; disseminate, publicize, educate about laws in the field of information and communications.

4. Assist the People's Committee at the district level in examining, registering, and issuing various types of licenses in the fields of information and communications according to the provisions of the law and the division of work and authority by the People's Committee at the district level.

5. Assist the People's Committee at the district level in managing state affairs related to collective economic organizations, private economic organizations; guide and implement the activities of associations and non-governmental organizations operating in the local area within the scope of information and communications according to the provisions of the law.

6. Assist the People's Committee at the district level in organizing work to ensure security and safety in postal, delivery, telecommunications, information technology, internet, and radio broadcasting activities.

7. Be responsible for monitoring and implementing programs and projects on the application of information technology in the district according to the assignment of the People's Committee at the district level.

8. Organize the management, inspection, and guidance of communes and wards in managing postal, telecommunications, and internet agencies according to the provisions of the law.

9. Disseminate, popularize, and guide organizations, units, and individuals in the district to comply with laws in the fields of postal services, telecommunications, and the internet; information technology and infrastructure; radio broadcasting; advertising; press; publishing.

10. Assist the People's Committee at the district level in managing state affairs related to the radio network and grassroots broadcasting.

11. Organize the application of scientific and technological progress; build information systems and archives to serve management work and professional tasks in the field of information and communications.

12. Carry out information and periodic and ad hoc reporting on the implementation of assigned tasks according to the regulations of the People's Committee at the district level and the industry management department.

13. Manage staff members of the Department according to the law and the division of work by the People's Committee at the district level.

14. Manage the financial resources and assets of the Department according to the law and the division of work and authority by the People's Committee at the district level.

15. Perform other tasks assigned by the People's Committee at the district level or as stipulated by the law.

III. ORGANIZATION AND STAFFING

1. The Department of Culture and Information has a Director and not more than three Deputy Directors;

The Director is responsible before the People's Committee, the Chairman of the People's Committee at the district level, and the law for all activities of the Department.

The Deputy Heads shall assist the Head and be accountable to the Head and to the law for the tasks assigned to them.

The appointment of the Director and Deputy Directors is decided by the People's Committee at the district level based on professional standards issued by the People's Committee at the provincial level and according to the law. The removal, dismissal, commendation, disciplinary action, and other policies for the Director and Deputy Directors are carried out according to the law.

2. The administrative staffing of the Department of Culture and Information must be ensured to carry out assigned tasks; the number of staff positions of the Department is determined by the People's Committee at the district level within the total administrative staffing of the district allocated by the People's Committee at the provincial level.

Part III.

IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular Jointly Issued No. 02/2004/TTLT-BBCVT-BNV dated May 27, 2004 of the Ministry of Posts and Telecommunications and the Ministry of Home Affairs guiding the functions, tasks, powers, and organizational structure of the Post and Telecommunications Department under the People's Committees of provinces and centrally governed cities.

2. Provincial People's Committees:

a) Specify in detail the tasks, powers, and organizational structure of the Department of Information and Communications and guide the People's Committees at the district level to specify in detail the tasks, powers, and organizational structure of the Culture and Information Office.

Based on the characteristics and socio-economic development situation of the locality, decide on the establishment, merger, dissolution, division, restructuring of specialized and professional organizations and public service units under the Department of Information and Communications according to the planning approved by the competent authority and the guidance provided in this Circular Jointly Issued.

3. The Chairman of the Provincial People's Committee is responsible for organizing the implementation of this Circular;

During implementation, if any issues arise or difficulties occur, the provinces shall promptly report them to the Ministry of Information and Communications and the Ministry of Home Affairs for consideration and resolution within their respective jurisdictions. /./