Circular No. 13/2014/TT-BTTTT stipulates the working relationship between the Inspectorate of the Ministry of Information and Communications, the agency entrusted with specialized inspection functions, and the Inspectorate of Provincial Departments of Information and Communications.

CIRCULAR

Regulations on the working relationship between the Inspectorate of the Ministry of Information and Communications, the agency entrusted with performing specialized inspection functions, and the Inspectorate of Provincial Departments of Information and Communications

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Pursuant to the Inspection Law enacted in 2010;

Pursuant to Decree No. 86/2011/NĐ-CP dated September 22, 2011 detailing and guiding the implementation of certain provisions of the Inspection Law;

Pursuant to Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government stipulating agencies entrusted with performing specialized inspection functions and specialized inspection activities;

Pursuant to Decree No. 140/2013/NĐ-CP dated October 22, 2013 of the Government on the organization and operation of information and communication inspections;

Pursuant to Decree No. 132/2013/NĐ-CP dated October 16, 2013 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Considering the proposal of the Inspector General of the Inspectorate of the Ministry of Information and Communications,

The Minister of the Ministry of Information and Communications promulgates this Circular regulating the working relationship between the Inspectorate of the Ministry of Information and Communications, the agency entrusted with performing specialized inspection functions, and the Inspectorate of Provincial Departments of Information and Communications.

Article 1. Scope of Regulation

This Circular regulates the working relationship between the Inspectorate of the Ministry of Information and Communications (hereinafter referred to as the Inspectorate of the Ministry), the agency entrusted with performing specialized inspection functions under the Ministry of Information and Communications (hereinafter referred to as the agency entrusted with performing specialized inspection functions), and the Inspectorate of Provincial Departments of Information and Communications of centrally governed cities and provinces (hereinafter referred to as the Inspectorate of the Province).

Article 2. Applicability

This Circular applies to the Inspectorate of the Ministry; the Inspector General of the Ministry; the agency entrusted with performing specialized inspection functions; the Director of the agency entrusted with performing specialized inspection functions; the Regional Frequency Management Center; the Director of the Regional Frequency Management Center; the Inspectorate of the Province; the Inspector General of the Province.

Article 3. Working relationship between the Inspectorate of the Ministry and the agency entrusted with performing specialized inspection functions

1. Inspectorate of the Ministry

a) Guide, monitor, and urge the agencies entrusted with performing specialized inspection functions to develop their annual inspection plans and submit them to the Inspectorate of the Ministry no later than November 10 each year; inspect and adjust the annual inspection plans of these agencies, handle overlaps regarding inspection plans, subjects, contents, and timeframes;

b) The Inspectorate of the Ministry shall take the lead and report to the Minister for issuing decisions to establish inspection teams for complex cases involving multiple fields and for cases proposed by the agencies entrusted with performing specialized inspection functions when there are unresolved issues;

c) Dispatch inspectors to join inspection teams of the agencies entrusted with performing specialized inspection functions upon request;

d) Verify the accuracy and legality of inspection conclusions and post-inspection handling decisions; conduct re-inspections of cases concluded by the Director of the agency entrusted with performing specialized inspection functions or the Director of the Regional Frequency Management Center if signs of law violations are discovered, upon assignment by the Minister;

đ) Direct the agencies entrusted with performing specialized inspection functions to conduct surprise inspections when there are signs of law violations related to information and communications, at the request of the Ministry's leadership;

e) Direct, guide, and train the agencies entrusted with performing specialized inspection functions on specialized inspection practices in information and communications and administrative penalties;

g) Require the agencies entrusted with performing specialized inspection functions to dispatch officials and specialized inspectors to join inspection teams of the Inspectorate of the Ministry;

h) Require the agencies entrusted with performing specialized inspection functions to implement reporting systems and submit periodic or urgent reports on specialized inspection work and violation handling;

i) Require the Regional Frequency Management Center to submit urgent reports on inspection work and violation handling.

2. Agencies entrusted with performing specialized inspection functions

a) Implement the Inspectorate of the Ministry’s directives on specialized inspection work. Develop draft inspection plans and submit them to the Inspectorate of the Ministry no later than November 10 each year for the Inspectorate of the Ministry to consolidate and submit to the Minister of the Ministry of Information and Communications for approval and implementation according to the plan;

b) Coordinate in developing and adjusting inspection work plans to avoid overlaps and impacts on inspected entities;

c) Conduct surprise inspections as directed by the Inspectorate of the Ministry;

d) Dispatch officials and specialized inspectors to join inspection teams of the Inspectorate of the Ministry when requested and participate in specialized inspection training seminars organized by the Inspectorate of the Ministry;

đ) Request the Inspectorate of the Ministry to dispatch inspectors to join inspection teams of the agencies entrusted with performing specialized inspection functions when necessary;

e) Report promptly to the Inspector General of the Inspectorate of the Ministry any issues concerning inspection work that violate laws or hinder or reduce the effectiveness of inspection work;

g) Report to the Inspectorate of the Ministry on cooperation, support, and guidance on specialized inspection practices in information and communications for the Inspectorate of the Province, as directed by the Inspectorate of the Ministry;

h) Submit regular or urgent reports on inspection work and violation handling within the scope of the agency's duties as prescribed or as required. Reports should be sent directly or through official correspondence to the Ministry of Information and Communications (Inspectorate of the Ministry).

3. Regional Frequency Management Center

a) Develop draft annual inspection plans and submit them to the Frequency Management Department no later than November 5 each year for the Frequency Management Department to review and consolidate and submit to the Inspectorate of the Ministry according to the specified timeframe;

b) Conduct surprise inspections as directed by the Inspectorate of the Ministry;

c) Dispatch officials and specialized inspectors to join inspection teams of the Inspectorate of the Ministry when requested; participate in specialized inspection training seminars organized by the Inspectorate of the Ministry;

d) Submit urgent reports on inspection work to the Inspectorate of the Ministry when requested. Reports should be sent directly, through official correspondence, or via postal service to the Ministry of Information and Communications (Inspectorate of the Ministry).

Article 4. Work relations between the Inspectorate of the Ministry and the Inspectorate of the Department

1. Inspectorate of the Ministry

a) The Inspectorate of the Ministry shall directly send or send via postal service the inspection plan of the Ministry to the Inspectorate of the Department no later than November 30 each year for the Inspectorate of the Department to base on building the inspection plan of the Department;

b) Direct, guide, train specialized inspection business, handle violations for the Inspectorate of the Department; request and direct spot inspections for cases related to the information and telecommunications sector within the provincial department's administrative management;

c) Conduct re-inspections for cases that have been concluded by the Chairman of the Provincial People's Committee in the field of information and telecommunications but discovered signs of violation of laws when assigned by the Minister;

d) Notify or coordinate with the Inspectorate of the Department when conducting inspections, examinations, handling violations against organizations and individuals participating in activities in the field of information and telecommunications within the provincial department's administrative management;

đ) Request the Inspectorate of the Department to dispatch officers, inspectors to join the inspection team of the Inspectorate of the Ministry;

e) Dispatch officers, inspectors to join the inspection team of the Inspectorate of the Department upon request;

g) Request the Inspectorate of the Department to implement the reporting system on inspection work results, complaints and denunciations resolution in the specialized field of information and telecommunications according to regulations; report promptly on specialized inspection work;

2. Inspectorate of the Department

a) Based on the Ministry's inspection plan, the Inspectorate of the Department shall build the Department's inspection plan to be submitted to the Director of the Department for approval no later than December 15 each year, ensuring no overlap in scope, objects, contents, and time of inspections;

b) Directly send or send via postal service the Department's inspection plan to the Inspectorate of the Ministry no later than December 20 each year for the Inspectorate of the Ministry to monitor, urge, and inspect implementation;

c) Implement guidance on specialized inspection business from the Inspectorate of the Ministry;

d) Dispatch officers, inspectors to join the inspection team of the Inspectorate of the Ministry upon request and participate in specialized inspection training seminars organized by the Inspectorate of the Ministry;

đ) Request the Inspectorate of the Ministry to dispatch officers, inspectors to join the inspection team of the Inspectorate of the Department when necessary;

e) Conduct spot inspections according to the Inspectorate of the Ministry's directives;

g) Coordinate with the Inspectorate of the Ministry to follow up, urge enforcement of inspection conclusions or compulsory enforcement of administrative penalty decisions against organizations and individuals under the Department's administrative management;

h) Report periodically or promptly on specialized inspection work to the Inspectorate of the Ministry according to regulations or upon request. Reports shall be sent directly or via postal service to the Ministry of Information and Communications (Inspectorate of the Ministry).

Article 5. Work relations between the agency entrusted with specialized inspection functions and the Inspectorate of the Department

1. Agency entrusted with specialized inspection functions

a) Guide specialized inspection business within the agency's management area to the Inspectorate of the Department according to the Inspectorate of the Ministry's directives;

b) Dispatch specialized inspection officers, civil servants to join the Inspectorate of the Department's inspection team upon request;

c) Request the Inspectorate of the Department to dispatch officers, inspectors to join the inspection team of the agency entrusted with specialized inspection functions;

d) Notify or request the Inspectorate of the Department to coordinate when conducting inspections, examinations within the Department's administrative management area;

đ) Coordinate with the Inspectorate of the Department in following up, urging enforcement of inspection conclusions or compulsory enforcement of administrative penalty decisions against organizations and individuals under the Department's administrative management;

2. Regional Radio Frequency Center

a) Coordinate and provide technical equipment to conduct frequency measurements, radio equipment inspections during inspections chaired by the Department when requested;

b) Notify or request the Inspectorate of the Department to coordinate when conducting inspections, examinations within the Department's administrative management area;

c) Dispatch specialized inspection officers, civil servants to join the Inspectorate of the Department's inspection team upon request;

d) Request the Inspectorate of the Department to dispatch officers, inspectors to join the Regional Radio Frequency Center's inspection team;

đ) When issuing administrative penalty decisions, send those decisions to the Radio Frequency Management Department for reporting; send them to the relevant Department of Information and Communications for knowledge and coordination when necessary;

3. Inspectorate of the Department

a) Directly send or send via postal service the Department's inspection plan to the agency entrusted with specialized inspection functions no later than December 20 each year for monitoring and coordination when necessary;

b) Chair or coordinate with the agency entrusted with specialized inspection functions to carry out specialized inspections, examinations in the field of information and telecommunications within the Department's administrative management area;

c) Dispatch officers, inspectors to join the inspection team of the agency entrusted with specialized inspection functions upon request;

d) Request the agency entrusted with specialized inspection functions to dispatch specialized inspection officers, civil servants to join the Inspectorate of the Department's inspection team;

đ) In cases where inspections involve the management functions of the agency entrusted with specialized inspection functions, notify that agency and coordinate when necessary;

e) Coordinate with agencies entrusted with specialized inspection functions to follow up, urge enforcement of inspection conclusions or compulsory enforcement of administrative penalty decisions against organizations and individuals under the Department's administrative management;

g) When issuing administrative penalty decisions involving radio frequency violations, send those decisions to the Regional Radio Frequency Center for knowledge and coordination when necessary.

Article 6. Effectiveness

1. This Circular takes effect from November 25, 2014.

2. During implementation, if issues arise, reflect them to the Ministry of Information and Communications for consideration and resolution./.