Decree No. 115/2006/NĐ-CP on the organization and operation of Postal, Telecommunications, and Information Technology Inspection

DECREE

On the organization and operation of Postal, Telecommunications, and Information Technology Inspection

and Information Technology

____________

THE GOVERNMENT

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

Pursuant to the Inspection Law dated June 15, 2004;

Pursuant to the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Posts and Telecommunications,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and Functions

The Postal, Telecommunications, and Information Technology Inspection is an industry-specific inspection agency organized at the central level including the Ministry of Posts and Telecommunications Inspection, the Radio Frequency Spectrum Management Bureau Inspection, and the Postal, Telecommunications, and Information Technology Quality Management Bureau Inspection; at provincial and centrally-administered city levels, there are Provincial and City Posts and Telecommunications Inspections; they perform administrative inspection and specialized inspection functions within the scope of state management over postal services, telecommunications, and information technology as prescribed by law.

Article 2. Inspection Objects

1. Agencies, organizations, and individuals directly under the management of the Ministry of Posts and Telecommunications and Provincial and City Posts and Telecommunications Departments.

2. Vietnamese agencies, organizations, and individuals and foreign agencies, organizations, and individuals participating in postal, telecommunications, and information technology activities on the territory, territorial waters, contiguous zones, continental shelf, and exclusive economic zone of the Socialist Republic of Vietnam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those stipulated in this Decree, the provisions of such international treaties shall apply.

Article 3. Principles of Operation

1. The operations of the Postal, Telecommunications, and Information Technology Inspection must comply with the law, ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; not hindering the normal operations of inspected agencies, organizations, and individuals and other related agencies and organizations.

2. When conducting inspections, the person issuing the inspection decision, the head of the inspection agency, the leader of the inspection team, the inspector, and members of the inspection team must comply with the laws on inspection and bear legal responsibility for their actions and decisions.

Chapter II

ORGANIZATION, DUTIES, AND LIMITS OF THE POSTAL, TELECOMMUNICATIONS, AND INFORMATION TECHNOLOGY INSPECTION

POSTAL SERVICES, TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY

Article 4. Organization of the Postal, Telecommunications, and Information Technology Inspection

1. The organization of the Postal, Telecommunications, and Information Technology Inspection includes:

a) The Ministry of Posts and Telecommunications Inspection (hereinafter referred to as the Ministry Inspection);

b) The Radio Frequency Spectrum Management Bureau Inspection; the Postal, Telecommunications, and Information Technology Quality Management Bureau Inspection (hereinafter referred to as the Bureau Inspection);

c) The Provincial and City Posts and Telecommunications Department Inspection (hereinafter referred to as the Department Inspection).

2. The inspection agencies specified in Clause 1 of this Article shall have their own seals and bank accounts.

Article 5. Organization of the Ministry Inspection

1. The Ministry Inspection is an agency of the Ministry of Posts and Telecommunications responsible for assisting the Minister in state management over inspection work; performing administrative inspection and specialized inspection duties within the scope of the Ministry's state management.

2. The Ministry Inspection has a Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector of the Ministry is appointed, relieved of duty, or dismissed by the Minister of Posts and Telecommunications after consultation with the General Inspector.

Deputy Chief Inspectors of the Ministry are appointed, relieved of duty, or dismissed by the Minister of Posts and Telecommunications upon the recommendation of the Chief Inspector of the Ministry.

Inspectors are appointed or relieved of duty in accordance with the law.

3. The Ministry Inspection may organize departments. The Minister of Posts and Telecommunications shall specify the specific tasks, powers, staffing, and organizational structure of the Ministry Inspection.

Article 6. Duties and Authorities of the Inspectorate of the Ministry

1. Implementing the tasks and powers prescribed in Article 25 of the Inspection Law.

2. Leading or participating in drafting regulatory legal documents assigned by the Minister of Posts and Telecommunications.

3. Assisting the Minister in state management over inspection work; guiding the Bureau Inspection and Department Inspection in building inspection programs and plans, submitting them to competent authorities for approval, and supervising and urging the implementation of approved programs and plans.

4. Summarizing and drawing lessons from inspection work; building, training, and enhancing specialized inspection skills for inspectors and cooperating inspectors of the Postal, Telecommunications, and Information Technology Inspection.

5. Supervising, inspecting, and urging the implementation of conclusions, recommendations, and decisions on administrative penalties issued by the Ministry Inspection.

6. Summoning officials and employees, inspectors from subordinate specialized agencies; requesting relevant agencies and organizations to dispatch officials and employees to join the inspection team.

7. Recommending competent authorities to suspend the enforcement, revoke, or annul regulations found to be contrary to the law through inspection work.

Article 7. Duties and Authorities of the Head of the Inspectorate of the Ministry

1. Implementing the tasks and powers prescribed in Article 26 of the Inspection Law.

2. Directing and instructing the Ministry Inspection's inspection work; directing and guiding specialized inspection work and skills for the Bureau Inspection and Department Inspection.

3. Recommending the Minister to handle overlaps in inspection programs, plans, and contents within the scope of the Ministry's state management; advising the Minister to coordinate with the Chairman of the People's Committee of the province to resolve overlaps in inspection programs, plans, and contents within the scope of the Ministry's state management in provinces and centrally-administered cities.

4. Supervising, inspecting, and urging the implementation of conclusions, recommendations, and decisions on inspection matters within the responsibility of the heads of agencies and units under the Ministry's management.

5. Inspecting and checking the responsibility of the heads of agencies and units under the Ministry's management in implementing laws on inspection; inspecting the responsibility of the Directors of Provincial and City Posts and Telecommunications Departments in organizing and directing specialized inspection activities.

6. Reporting to the Minister and the General Inspector on inspection work within their responsibilities.

Article 8. Inspection Organization of the Bureau

1. The Bureau's Inspection Organization is a unit of the Bureaus specified in point b, Clause 1, Article 4 of this Decree, performing administrative inspection tasks and specialized inspections within the scope of the Bureau’s state management.

2. The Bureau's Inspection Organization includes the Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector of the Bureau is appointed, dismissed, or removed from office by the Minister of Posts and Telecommunications upon the proposal of the Bureau Director after reaching consensus with the Chief Inspector of the Ministry.

Deputy Chief Inspectors of the Bureau are appointed, dismissed, or removed from office by the Bureau Director in accordance with regulations of the Minister of Posts and Telecommunications.

3. The Minister of Posts and Telecommunications shall specify the specific duties, powers, and organizational structure of the Bureau's Inspection Organization.

Article 9. Duties and Powers of the Bureau's Inspection Organization

1. Inspect the implementation of policies, laws, and assigned tasks by organizations and individuals under the direct management of the Bureau.

2. Inspect compliance with laws within the specialized management scope of the Bureau; participate in inspection teams of the Ministry's Inspection Organization and related inspection agencies when requested.

3. Administer administrative penalties according to the provisions of the law.

4. Guide, direct, and perform tasks to resolve complaints and denunciations within the authority of the Bureau Director according to the law on complaints and denunciations.

5. Guide, direct, and perform tasks to prevent and combat corruption within the scope of the Bureau Director's state management according to the law on anti-corruption.

6. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspections issued by the Bureau's Inspection Organization.

7. Recommend competent authorities to suspend the enforcement or revoke, abolish provisions contrary to the law discovered through inspection work.

8. Summarize and report the results of inspections, complaint resolution, and anti-corruption efforts within the scope of the Bureau Director's management according to regulations.

9. Guide and inspect subordinate units and organizations of the Bureau to implement legal provisions on inspection work.

10. Summarize and draw lessons from inspection practices in areas under the jurisdiction of the Bureau's Inspection Organization.

11. Require relevant agencies and organizations to assign officials and civil servants to join the Bureau's inspection team.

12. Inspect other cases assigned by the Bureau Director; perform other tasks and powers as prescribed by law.

Article 10. Duties and Powers of the Chief Inspector of the Bureau

1. Lead and direct inspection work within the Bureau's management scope.

2. Develop inspection programs and plans for approval by the Bureau Director and organize their implementation.

3. Propose to the Bureau Director to decide on inspections when signs of law violations in areas managed by the Bureau are detected.

4. Recommend the Bureau Director to temporarily suspend the execution of decisions made by agencies and units under the Bureau Director's authority when signs of law violations are detected.

5. Administering administrative penalties according to the provisions of law.

6. Recommend the Bureau Director to consider responsibility and handle persons who violate laws within the Bureau Director's authority.

7. Recommend the Bureau Director to resolve issues regarding inspection work; if such recommendation is not accepted, report to the Ministry's Inspection Organization.

8. Report to the Chief Inspector of the Ministry and the Bureau Director on inspection work, complaint resolution, and anti-corruption efforts within their respective responsibilities.

9. Lead the Bureau's Inspection Organization to perform tasks and powers as stipulated in this Decree and other legal regulations.

Article 11. Organization of the Department Inspectorate

1. The Department Inspectorate is an organ of the Department of Posts and Telecommunications, responsible for assisting the Director of the Department in performing administrative inspection tasks and specialized inspections within the scope of the Director's duties and powers.

2. The Department Inspectorate consists of the Chief Inspector, Deputy Chief Inspectors, and Inspectors.

The Chief Inspector of the Department is appointed, relieved, or dismissed by the Director of the Department after reaching consensus with the Chief Inspector of the province; Deputy Chief Inspectors of the Department are appointed, relieved, or dismissed by the Director of the Department upon the proposal of the Chief Inspector of the Department.

3. The establishment of the Department Inspectorate is decided by the Chairman of the Provincial People's Committee after reaching consensus between the Director of the Department of Posts and Telecommunications and the Chief Inspector of the province, and the Director of the Department of Home Affairs. The staffing of the Department Inspectorate is determined by the Director of the Department.

Article 12. Duties and Powers of the Department Inspectorate

1. Perform the duties and powers as prescribed in Article 28 of the Inspection Law.

2. Recommend competent authorities to suspend the implementation or revoke, annul regulations that contravene state regulatory legal documents or specific laws on postal services, telecommunications, and information technology discovered through inspection work.

3. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspection issued by the Department Inspectorate.

4. Request relevant agencies and organizations to assign officials and civil servants to participate in inspection teams.

5. Summarize and draw lessons from inspection activities within the management scope of the Department Inspectorate.

6. Carry out other tasks as directed by the Ministry Inspectorate of Posts and Telecommunications and assigned by the Director of the Department.

Article 13. Duties and Powers of the Chief Inspector of the Department

1. Perform the duties and powers as prescribed in Article 29 of the Inspection Law.

2. Lead and direct inspection work, guide and inspect the inspection activities of agencies and units under the management of the Department.

3. Monitor, inspect, and urge the implementation of conclusions, recommendations, and decisions on inspection within the responsibility of heads of agencies and units under the management of the Department of Posts and Telecommunications, and decide on administrative penalties imposed by the Department Inspectorate.

4. Guide and urge heads of agencies and units under the management of the Department to implement legal provisions on inspection.

5. Report to the Director of the Department, the Chief Inspector of the province, and the Chief Inspector of the Ministry about inspection work within their responsibilities.

Chapter III

INSPECTORS AND ASSOCIATE INSPECTORS

Article 14. Inspectors

1. Postal, telecommunications, and information technology inspectors (hereinafter referred to as Inspectors) are civil servants appointed to inspection ranks to perform inspection tasks.

2. Inspectors must meet the general standards prescribed in Article 31 of the Inspection Law and specific standards stipulated by the Government.

3. Inspectors have duties and powers as prescribed in Articles 40 and 50 of the Inspection Law and related legal documents.

4. Inspectors enjoy benefits and policies and are provided with necessary conditions for inspection activities as prescribed by law.

5. The appointment and dismissal of Inspectors are carried out in accordance with the provisions of the law.

Article 15. Inspectors' Collaborators

1. In the course of inspection activities, postal, telecommunications, and information technology inspection agencies have the right to summon inspectors' collaborators. Inspectors' collaborators work according to the assignment of the head of the inspection agency and the Chief Inspector.

2. Inspectors' collaborators are individuals with expertise and vocational skills suitable for the inspection tasks, summoned to carry out inspections.

3. The criteria, treatment, responsibilities of inspectors' collaborators; the procedure for summoning inspectors' collaborators shall be carried out in accordance with the provisions of the law on inspectors' collaborators and the guidance of the Minister of Posts and Telecommunications.

Article 16. Uniforms, insignia, rank badges, identification plates

1. Postal, telecommunications, and information technology inspection has its own uniforms, insignia, rank badges, and identification plates.

Strictly prohibited are organizations and individuals from using uniforms, insignia, rank badges, and identification plates similar to those of Postal, Telecommunications, and Information Technology Inspection, causing confusion.

2. The Minister of Posts and Telecommunications shall stipulate the uniforms, insignia, rank badges, and identification plates of Postal, Telecommunications, and Information Technology Inspection after reaching consensus with the General Inspector.

Chapter IV

ACTIVITY OF POSTAL,

TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY INSPECTION

Article 17. Administrative Inspection Activities

1. Inspect compliance with policies, laws, and assigned tasks of agencies, organizations, and individuals mentioned in Clause 1, Article 2 of this Decree.

2. Forms of administrative inspection, contents, procedures, and methods of conducting administrative inspection shall be implemented in accordance with Articles 34 to 44 of the Inspection Law, guiding documents for implementing the Inspection Law, and other related laws.

Article 18. Specialized Inspection Activities

1. Inspect and supervise the implementation of policies, laws, procedures, regulations, standards, quality regarding postal services, telecommunications, and information technology for agencies, organizations, and individuals mentioned in Clause 2, Article 2 of this Decree, including:

a) Regulations on postal services, mail delivery, and courier services;

b) Regulations on telecommunications and the Internet;

c) Regulations on signal transmission, radio frequency;

d) Regulations on electronics and information technology;

e) Regulations on national information infrastructure;

f) Other regulations of the law within the scope of management of the Ministry of Posts and Telecommunications.

2. Forms, procedures, and methods of conducting specialized inspection shall be implemented in accordance with Articles 45 to 52 of the Inspection Law and other related laws.

3. Administrative penalties for violations concerning postal services, telecommunications, and information technology shall be carried out in accordance with the law on administrative offenses.

Article 19. Technical Infrastructure

1. Postal, Telecommunications, and Information Technology Inspection shall be equipped with communication devices and other technical equipment serving inspection work.

2. The Minister of Posts and Telecommunications shall specify in detail the quotas for equipping and using communication devices and other technical equipment serving inspection work.

Article 20. Operating funds

1. The operating funds for the Postal, Telecommunications, and Information Technology Inspectorate shall be provided from the state budget and other sources in accordance with the provisions of the law.

2. The establishment, management, and utilization of inspection business funds shall be carried out in accordance with the provisions of the law.

Chapter V

RIGHTS, OBLIGATIONS, RESPONSIBILITIES AND RELATIONSHIPS OF THE AUTHORITIES,

ORGANIZATIONS, AND INDIVIDUALS IN INSPECTION ACTIVITIES

TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY INSPECTION

Article 21. Responsibilities of the Heads of State Management Agencies for Postal, Telecommunications, and Information Technology to ensure inspection activities

The Minister of Posts and Telecommunications, the Director of the Radio Frequency Management Agency, the Director of the Postal and Telecommunications Quality Management Agency, the Chairman of the People's Committee of provinces and centrally governed cities, and the Directors of Provincial Posts and Telecommunications Departments shall be responsible for implementing the provisions of Articles 44 and 47 of Decree No. 41/2005/ND-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain articles of the Inspection Law (hereinafter referred to as Decree No. 41/2005/ND-CP) and other relevant legal documents.

Article 22. Coordination Relationships in the Activities of the Postal, Telecommunications, and Information Technology Inspectorate

1. The Inspectorate under the Ministry shall be subject to the direction and guidance on work, organization, and inspection procedures by the Inspectorate General; it shall be responsible for providing guidance on specialized inspection procedures to the Inspectorates of Provinces and specialized Inspectorates under the Ministry; it shall guide or take the lead in organizing joint inspections between departments; it shall provide guidance and oversight on internal inspection work.

2. The Inspectorate under the Bureau shall be subject to the direction and guidance on work, organization, and inspection procedures by the Inspectorate under the Ministry; it shall take the lead in organizing specialized inspections within its jurisdiction; it shall be responsible for assigning inspectors to participate in inspections organized by the Inspectorate under the Ministry or organizing surprise inspections at the request of the Inspectorate under the Ministry.

3. The Inspectorate under the Department shall be subject to the direction and guidance on administrative inspection work by the Inspectorate under the province; on specialized inspection work by the Inspectorate under the Ministry; it shall be responsible for assigning inspectors to participate in inspections organized by the Inspectorate under the Ministry or the Bureau, and organizing surprise inspections at the request of the Inspectorate under the Ministry.

4. Within the scope of their duties and powers, the Postal, Telecommunications, and Information Technology Inspectorates shall have the responsibility to coordinate with public security agencies, security agencies, border guards, the Inspectorate under the Ministry, other sectors, people's committees at all levels, and related agencies and organizations in preventing, detecting, stopping, and handling violations of the law generally and specifically those in postal, telecommunications, and information technology activities.

5. Within the scope of their duties and powers, public security agencies, security agencies, border guards, the Inspectorate under the Ministry, other sectors, people's committees at all levels, and related agencies and organizations shall have the responsibility to coordinate with the Postal, Telecommunications, and Information Technology Inspectorates in preventing, detecting, and handling violations of the law in postal, telecommunications, and information technology activities.

Article 23. Tasks, powers, and responsibilities of the decision-maker for inspection, the Head of the Inspection Team, and members of the Inspection Team

1. The decision-maker for inspection must perform the tasks, powers, and responsibilities stipulated in Articles 42, 43, and Article 52 of the Inspection Law, Clause 3 of Article 26, Articles 27, 28, 30, 31, 32, and Article 36 of Decree No. 41/2005/NĐ-CP, other relevant legal provisions, and shall be liable under the law for all actions and decisions made by them.

2. When performing administrative inspection tasks, the Head of the Inspection Team shall have the tasks, powers, and responsibilities stipulated in Article 39 of the Inspection Law, Clauses 1 and 2 of Article 26, Articles 27, 28, 29, 30, 31, 32, 33, 34, and Clause 5 of Article 35 of Decree No. 41/2005/NĐ-CP, other relevant legal provisions, and shall be liable to the decision-maker for inspection and under the law for all actions and decisions made by them.

When performing specialized inspection tasks, the Head of the Specialized Inspection Team shall have the tasks, powers, and responsibilities stipulated in Article 49 of the Inspection Law, Clauses 1 and 2 of Article 26, Articles 27, 28, 29, 30, 31, 32, 33, 34, and Clause 5 of Article 35 of Decree No. 41/2005/NĐ-CP, other relevant legal provisions, and shall be liable to the decision-maker for inspection and under the law for all actions and decisions made by them.

3. When performing administrative inspection tasks, the Inspector who is a member of the Inspection Team shall have the tasks, powers, and responsibilities stipulated in Clause 1 of Article 40 of the Inspection Law, Clause 1 of Article 26, Articles 27, and 28 of Decree No. 41/2005/NĐ-CP, other relevant legal provisions, and shall be liable under the law for all actions and decisions made by them.

When performing specialized inspection tasks, the Inspector who is a member of the Specialized Inspection Team shall have the tasks, powers, and responsibilities stipulated in Article 50 of the Inspection Law, Clause 1 of Article 26, Articles 27, and 28 of Decree No. 41/2005/NĐ-CP, other relevant legal provisions, and shall be liable to the decision-maker for inspection and under the law for all actions and decisions made by them.

4. During the inspection process, other members of the Inspection Team shall perform the tasks, powers, and responsibilities stipulated in Points a, c, d, and đ of Clause 1 of Article 40 of the Inspection Law and Clause 1 of Article 26 of Decree No. 41/2005/NĐ-CP.

Article 24. Rights, obligations, and responsibilities of the inspected entity; responsibility of related agencies, organizations, and individuals

1. The inspected entity shall have rights, obligations, and responsibilities as stipulated in Clause 1 of Article 8, Articles 53, 54 of the Inspection Law, Articles 25, 27, 28, 29, 30, 31, 32, 33, 35, 36, 45, 46, and Clause 2 of Article 51 of Decree No. 41/2005/NĐ-CP.

2. Agencies, organizations, and individuals with information and documents related to the inspection content must provide them fully and promptly according to the requirements of the inspection agency and shall be responsible for the accuracy and truthfulness of the provided information and documents. The provision, use, and management of information and documents containing state secrets shall be carried out in accordance with the laws on protecting state secrets.

Chapter VI

REWARD, HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS,

REPORTING ON INSPECTION

Article 25. Awards

Organizations and individuals with achievements in postal, telecommunications, and information technology inspection activities shall be awarded in accordance with the provisions of the law.

Article 26. Handling of Violations

The person issuing the inspection decision, the Head of the Inspection Team, the Inspector, other members of the Inspection Team, agencies, organizations, and individuals subject to inspection who commit violations of the law during inspection activities shall be handled according to the nature and severity of the violation as stipulated in Article 51 of Decree No. 41/2005/NĐ-CP and other relevant legal documents.

Article 27. Resolution of Complaints and Accusations in Inspection Activities

The resolution of complaints and accusations in inspection activities shall be carried out in accordance with the provisions of Articles 49 and 50 of Decree No. 41/2005/NĐ-CP and other relevant legal documents.

Chapter VII

IMPLEMENTING PROVISIONS

Article 28. Effective Date

This Decree shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decree No. 75/2003/NĐ-CP dated June 26, 2003 of the Government on the organization and operation of Postal, Telecommunications, and Information Technology Inspections.

Article 29. Responsibility for Implementation

1. The Minister of Posts and Telecommunications shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.