Decision No. 05/2004/QD-TTg On the functions, tasks, powers, organizational structure, and working regulations of the Radio Frequency Wavelength Commission

Pursuant to …;

On the functions, tasks, powers, organizational structure, and working regime of the Radio Frequency Committee

PRIME MINISTER

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

Pursuant to the Posts and Telecommunications Ordinance dated May 25, 2002;

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;

At the proposal of the Minister of Posts and Telecommunications, the Minister of Home Affairs, and the Chairman of the Radio Frequency Committee,

DECISION:

Article 1. Functions, tasks, and powers

The Radio Frequency Committee has the following functions, tasks, and powers:

1. Advising the Prime Minister on approving the national radio frequency spectrum plan and allocating frequency bands for defense and security purposes.

2. Assisting the Prime Minister in organizing coordination among agencies in the use of the radio frequency spectrum and establishing technical standards for radio frequencies.

3. Assisting the Prime Minister in supervising coordination among relevant sectors in resolving harmful interference and ensuring safety of radio frequency bands between communication networks serving economic and social development, defense, and security.

4. Assisting the Prime Minister in organizing coordination among the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Posts and Telecommunications in radio frequency control work; inspecting and recommending competent authorities to handle violations to ensure information security and national security.

Article 2. Organizational Structure of the Radio Frequency Committee

1. The Radio Frequency Committee consists of the following members:

- Chairman of the Committee: The Minister of Posts and Telecommunications.

- Deputy Chairmen of the Committee:

+ The Vice Minister of National Defense,

+ The Vice Minister of Public Security,

+ The Vice Minister of Posts and Telecommunications.

- Members of the Committee:

+ Commander of the Information and Communication Corps of the Ministry of National Defense,

+ Deputy Director of the Science and Technology General Department of the Ministry of Public Security,

+ Deputy Director of the Government Cryptographic Office,

+ Director of the Department of Science and Technology for Economic and Technical Sectors of the Ministry of Science and Technology,

+ Director of the Radio Frequency Administration under the Ministry of Posts and Telecommunications, a permanent member.

2. Ministers of Ministries and Heads of related agencies shall be responsible for nominating officials according to the positions specified in Clause 1 of this Article.

3. The administrative apparatus assisting the Radio Frequency Committee includes the Committee's Office and specialized sub-committees.

The Committee's Office is located at the Radio Frequency Administration under the Ministry of Posts and Telecommunications.

Staff of the Committee's Office and specialized sub-committees are appointed by the Chairman of the Radio Frequency Committee upon the recommendation of relevant Ministries and sectors.

Article 3. Working Regime of the Radio Frequency Committee

1. Members of the Committee, staff of the Committee's Office, and specialized sub-committees work on a part-time basis and according to the Committee's assignment. The Chairman of the Radio Frequency Committee decides on the Committee's operational regulations and the tasks and powers of assisting organizations.

2. The Radio Frequency Committee has its own seal. The operating budget of the Committee is provided from the state budget and consolidated into the budget of the Ministry of Posts and Telecommunications.

Article 4. Effective date

This Decision takes effect fifteen days after its publication in the Official Gazette and replaces Decision No. 242/TTg dated April 27, 1995 of the Prime Minister on the functions, tasks, powers, organizational structure, and working regime of the Radio Frequency Committee.

The Chairman of the Radio Frequency Committee, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairmen of provincial People's Committees directly under the Central Government are responsible for implementing this Decision./.