Decree No. 132/2013/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications

DECREE

Regulations on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications

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

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the proposal of the Minister of Information and Communications;

The Government promulgates a Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications,

Article 1. Position and Functions

The Ministry of Information and Communications is an agency of the Government, performing the function of state management over press; publishing; postal services; telecommunications; radio frequency spectrum; information technology and electronics; broadcasting and television; news agencies; foreign information; grassroots information and national information and communication infrastructure; state management of public services in sectors and fields under the Ministry's jurisdiction.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Ministry of Information and Communications performs the tasks and powers prescribed in Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submit to the Government draft laws, draft ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly; draft decrees of the Government according to the annual legislative program and plan of the Government and projects, programs assigned by the Government, the Prime Minister.

2. Submit to the Government, the Prime Minister strategic plans, planning, long-term development plans, five-year plans, annual plans; national target programs, action programs, and important national projects, programs, and projects about providing public services, public service activities within the sectors and fields; decisions, directives, and other documents within the Prime Minister's authority to direct and manage.

3. Issue circulars, decisions, directives, and other documents on managing sectors and fields under the Ministry's state management.

4. Direct, guide, inspect, and supervise the implementation of legal normative documents, strategies, plans, and programs already approved under the Ministry's state management; disseminate, promote, and educate the law regarding sectors and fields under the Ministry's state management.

5. Regarding press (including print press, online press, radio, television, news agency bulletins):

a) Guide, direct, and organize the implementation of the nationwide press network planning and overseas representative offices of Vietnamese press agencies approved by the Prime Minister;

b) Organize press conferences, manage press information in accordance with the law on press;

c) Implement regulations on spokespersons providing information to the press as prescribed by the Prime Minister;

d) Issue regulations on organizing press contests, meetings, and seminars;

đ) Define regulations on press archives, manage the national press archive;

e) Issue, extend, amend, supplement, temporarily suspend, terminate, revoke press activity licenses; licenses for publishing special editions, supplements, newsletters, special programs, special issues; journalist cards; permit foreign press publications to be distributed in Vietnam; approve press conferences;

g) Guide the operation of the press and journalists throughout the country, coordinate with relevant agencies to manage the activities of Vietnamese press related to foreign countries and the press activities of foreigners and foreign organizations in Vietnam;

h) Agree on the appointment and removal of General Editors, Deputy General Editors, General Directors, Deputy General Directors, Directors, and Deputy Directors of press agencies;

i) Define standards, expertise, and professional qualifications for heads of press agencies;

k) Manage broadcasting and television services in accordance with the law.

6. Regarding publishing (including publishing, printing, and distribution):

a) Guide, direct, and organize the implementation of publication network planning, printing, and distribution policies approved by the Prime Minister;

b) Specify detailed conditions for establishing organizations engaged in publication, printing, and distribution of publications in accordance with the law;

c) Issue, extend, amend, supplement, temporarily suspend, terminate, and revoke licenses for establishing publishers, setting up foreign publisher representative offices in Vietnam, and setting up foreign organization representative offices in Vietnam for publication distribution in accordance with the law;

d) Issue, extend, amend, supplement, temporarily suspend, terminate, and revoke licenses for non-commercial publication materials, printing activities for products requiring licensing, printing of publications for foreign countries, importation of printing equipment, business importation of publications, exhibition and fair licenses for publications in accordance with the law; manage the announcement and dissemination of works abroad within the authorized scope;

đ) Confirm and manage registration of publication plans for publishers, registration of printing activities for non-licensed products, registration of imported publication catalogues for publication import businesses;

e) Organize the examination of publications in accordance with the law; organize the inspection of publication archives and manage the archiving of publications; organize the ordering and delivery of publications to areas prioritized for investment by the State; organize national publication fairs and promote publications abroad in accordance with the law;

g) Decide to suspend, revoke, confiscate, prohibit circulation, and destroy publications violating the law;

h) Issue, extend, and revoke editor cards in accordance with the law;

i) Manage support activities for publication in accordance with the law;

k) Agree on the appointment and removal of Directors and General Editors of publishers;

l) Define standards, expertise, and professional qualifications for heads of publication agencies and editors of publishers.

7. Regarding foreign information:

a) Take the lead and coordinate with the Ministry of Foreign Affairs and relevant ministries and sectors to implement state management over foreign information;

b) Develop and organize the implementation of strategies, plans, and programs on foreign information;

c) Guide the content of foreign information for Vietnamese news agencies and press; guide provincial information and communications departments in managing foreign information.

8. Regarding advertising:

Implement tasks related to advertising management on print media, online environments, publications, and integrated advertising on postal, telecommunications, information technology products and services, in accordance with the provisions of the law; issue, extend, amend, supplement, revoke licenses for broadcasting channels and advertising programs for radio and television.

9. Regarding postal services:

a) Guide, direct, organize the implementation of plans, projects, proposals, programs on postal services; mechanisms and policies on postal activities; the list of public postal services and support mechanisms for enterprises designated to provide public postal services in accordance with the provisions of the law;

b) Issue tariffs for public postal services within its authority, the scope of exclusive postal services; technical standards for postal activities;

c) Issue, extend, amend, supplement, suspend, revoke import permits for postal stamps, postal licenses, notifications of postal operations according to the provisions of the law;

d) Manage information security in postal activities; competition and dispute resolution in the postal sector;

đ) Specify and manage postal stamps;

e) Specify and manage the public postal network; provision of public postal services;

g) Specify and manage the national postal code system, Vietnamese postal stamp numbering system;

h) Specify and manage the quality and tariffs of postal services.

10. Regarding telecommunications:

a) Guide, organize, and inspect the implementation of planning for telecommunications and Internet development; mechanisms and policies for telecommunications and Internet development; market management and implementation of programs for providing public telecommunications services;

b) Review the content of preliminary feasibility study reports, feasibility study reports for investment projects and programs in telecommunications and Internet infrastructure development within its authority;

c) Guide and manage competition and dispute resolution in the telecommunications and Internet sector;

d) Issue, extend, amend, supplement, temporarily suspend, suspend, and revoke telecommunications licenses according to the provisions of the law;

đ) Issue and implement planning, regulations on number resource management and domain name allocation; decisions on number resource allocation and domain name recovery;

e) Issue and implement regulations on price and tariff management for telecommunications and Internet services; protect users' rights in telecommunications and Internet services;

g) Issue and implement regulations on interconnection management for telecommunications networks;

h) Issue and implement standards and technical regulations; manage product, equipment, network, and service quality in the telecommunications and Internet sector;

i) Manage the provision of public telecommunications services;

k) Guide the construction and implementation of passive telecommunications infrastructure planning;

l) Manage the specialized telecommunications measurement system;

m) Establish, manage, operate, and ensure the security of the national domain name server system and national Internet transit station;

11. Regarding radio frequency spectrum:

a) Guide and implement transmission planning; national radio frequency spectrum planning approved by the Prime Minister;

b) Take the lead, coordinate with the Ministry of National Defense and the Ministry of Public Security to allocate frequency bands for defense and security purposes and submit them for approval by the Prime Minister;

c) Issue frequency band planning, channel frequency allocation planning, frequency channel usage planning, regulations on conditions for allocating, assigning, and using radio frequencies and radio frequency bands;

d) Issue standards and technical regulations for radio equipment, emission standards and electromagnetic compatibility;

đ) Specify technical conditions for exempted radio equipment licenses, specify technical conditions (frequency, power) for radio equipment before production or import for use in Vietnam;

e) Specify training and issuance of radio operator certificates;

g) Issue, renew, amend, supplement, temporarily suspend, terminate, and revoke various types of radio frequency licenses;

h) Inspect and control frequencies and radio equipment, handle harmful interference; manage electromagnetic compatibility for radio equipment and systems;

i) Register international frequencies, coordinate internationally on radio frequencies and satellite orbits.

12. Regarding electronic information:

a) Issue and implement regulations on electronic game services and information provision and application services on telecommunications networks and the Internet within its authority;

b) Issue, extend, amend, supplement, temporarily suspend, suspend, and revoke electronic information licenses and certificates.

13. Regarding information technology and electronics (including the software industry, information technology applications, and information security):

a) Guide, direct, organize the implementation of information technology and electronics planning, programs, proposals, projects; mechanisms and policies supporting the development of the software industry, hardware industry, electronics industry, digital content industry, information technology services; the list and operational rules for national database exploitation; investment application management rules using state funds;

b) Issue mechanisms and policies for managing information technology and electronics products and services, national databases within its authority;

c) Issue, extend, amend, supplement, temporarily suspend, suspend, and revoke information technology and electronics licenses, certificates; manage quality in information technology application activities, service provision, computer networks, and information technology and electronics products and equipment;

d) Lead, coordinate in building support policies for information technology human resource training and development; information technology workforce standards, relevant professional certifications;

đ) Organize the construction of information technology infrastructure to serve information technology applications, creating a foundation for the development of an electronic government linked to administrative reform programs;

e) Manage information technology and electronics application and development programs; the Government Electronic Platform Compatibility Framework and standard national information system architecture;

g) Carry out functions to provide national digital signature certification services in accordance with the provisions of the law;

h) Organize inspections, evaluations, and ranking of information technology application levels in state agencies, organizations, and businesses.

i) Regulations and management on information security; ensuring information security for information systems and the Internet; ensuring information security for activities applying and developing information technology; preventing spam; organizing the implementation of functions to manage and coordinate computer incident response activities nationwide;

k) Regulations and management of production, business, import and export of information security products and services in accordance with the law; organizing certification and evaluation to issue certificates on information security;

l) Building and operating information security systems; training and enhancing awareness on information security.

14. On basic information:

a) Directing, guiding, and organizing the implementation of planning and plans for information dissemination activities;

b) Building or reviewing contents of information dissemination within the Ministry's functions and tasks according to the Party's guidelines, state policies and laws, and guiding the organization and implementation thereof;

c) Coordinating to guide the construction and operation of basic information dissemination systems nationwide.

15. On information infrastructure and communication:

a) Directing and organizing the implementation of legal regulations on ensuring the safety and security of information infrastructure and communication;

b) Issuing solutions to ensure the safety of information infrastructure and communication, information security; mechanisms, policies, and regulations on shared use of information infrastructure and communication within its authority;

c) Managing the safety of telecommunications equipment and infrastructure in accordance with the law; coordinating with the Ministry of National Defense and the Ministry of Public Security to ensure the security and safety of key projects related to national security in the field of telecommunications and information technology.

16. Cooperating and organizing the implementation of legal provisions on intellectual property rights for news products, encoded radio and television programs, publications, postal stamps, information and communication technology products and services; inventions and patents in fields under the Ministry's management.

17. Organizing the implementation of awards and honors in the field of information and communication after approval by the Prime Minister; deciding on awards and honors in the field of information and communication within its authority; organizing the implementation of commendation and reward work in accordance with the law.

18. Deciding and organizing the implementation of preventive measures against illegal information and communication activities.

19. Issuing national technical standards, proposing the publication of national standards in fields under the Ministry's management; issuing regulatory legal documents on quality management in fields under the Ministry's management; organizing participation in mutual recognition agreements with other countries.

20. Issuing permits for the export and import of goods in fields under the Ministry's management in accordance with the law; issuing, extending, temporarily suspending, terminating, and revoking certificates and licenses regarding network, project, product, and service quality in fields under the Ministry's management.

21. Deciding on measures to mobilize networks and services, means and equipment for information and communication to serve urgent cases of national security, natural disasters, and enemy threats upon authorization from the Government and the Prime Minister.

22. Directing the operation of specialized and dedicated information networks serving the leadership and management of Party and State agencies.

23. Managing and implementing investment programs, projects, and initiatives in fields under the Ministry's management in accordance with the law; building and issuing economic and technical norms, cost norms, and other specialized norms in fields under the Ministry's management; implementing and managing specialized statistics in accordance with the law.

24. Building and compiling annual investment development plans and annual budget revenue and expenditure forecasts of the Ministry; coordinating with the Ministry of Finance to prepare and compile budget revenue and expenditure forecasts by sector and field under the Ministry's management, and for information public services (press, publishing, foreign information, basic information) provided by Ministries, agencies at the level of ministries, government agencies, and centrally governed cities and provinces to be submitted to the Government for presentation to the National Assembly; managing assets assigned; managing and organizing the implementation and settlement of the state budget, sources of funds, and funds in accordance with the law.

25. Implementing external relations, integration, and international cooperation in fields under the Ministry's management in accordance with the law.

26. Organizing the construction and implementation of scientific research plans, application of scientific and technological progress, development of high-tech products, technological innovation, and environmental protection in fields under the Ministry's management; managing the provision of public services funded by the state budget managed by the Ministry in accordance with the law.

27. Deciding on specific policies and directing the implementation of operational mechanisms for public service organizations in fields under the Ministry's management in accordance with the law; managing and directing the activities of affiliated organizations under the Ministry.

28. On enterprises:

a) Issuing or submitting to competent authorities for issuance of mechanisms and policies to support enterprise development in the field of information and communication, and coordinating with relevant agencies and organizations to direct, guide, and inspect the implementation thereof;

b) Approving or submitting to competent authorities for approval comprehensive restructuring plans, reorganization and development plans for state-owned enterprises operating in the field of information and communication, and directing their implementation according to assigned responsibilities and levels of authority;

c) Guide and inspect the implementation of regulations for business sectors and services with conditions and handle violations within the authority;

d) Exercise rights, responsibilities, and obligations of the state owner towards state-owned enterprises and state capital invested in other enterprises as prescribed by law;

29. Performing duties and exercising powers over associations and non-governmental organizations under the Ministry's administrative management in accordance with the law.

30. Inspect, supervise, handle complaints and accusations, and deal with violations of laws within the scope of the Ministry's jurisdiction; organize the implementation of anti-corruption measures, thrift, and cost-saving practices at agencies and units under the Ministry.

31. Decide and implement the Ministry’s administrative reform plan according to the government’s administrative reform program and the Prime Minister's directives; decide and direct the modernization of office methods, office modernization, and the application of information technology to serve the Ministry's activities; report annually on the implementation of administrative reforms within the Ministry's management scope as prescribed.

32. Organize examinations for promotion to higher ranks for specialized information and communication civil servants; issue professional standards and qualifications for ranks of civil servants in sectors assigned and delegated to the Ministry after receiving the opinion of the Ministry of Home Affairs; develop professional standards and qualifications for ranks of public officials in sectors assigned and delegated to the Ministry for the Ministry of Home Affairs to issue; issue professional standards and qualifications for heads of specialized agencies under provincial and centrally-administered city People's Committees.

33. Manage the organizational structure, staffing, job positions, and personnel composition by occupational titles and number of employees in public service units; decide on rotation, retirement, transfer, appointment, dismissal, demotion, commendation, and disciplinary actions; policies, training, and development for cadres, civil servants, and civil servants; recruitment, utilization, and salary systems for cadres, civil servants, and civil servants within the Ministry's authority.

34. Train and develop human resources in areas managed by the Ministry; forecast demand and plan the development of information and communication technology, journalism, and publishing human resources; coordinate with the Ministry of Education and Training to manage training institutions under the Ministry as prescribed by law.

35. Perform other tasks and exercise other powers as prescribed by law.

Article 3. The organizational structure of the Ministry

1. Postal Affairs Department.

2. Department of Information Technology.

3. Department of Science and Technology.

4. Division of Planning and Finance.

5. Department of Enterprise Management.

6. Department of International Cooperation.

7. Legal Affairs Department;

8. Department of Motivation and Awards.

9. Cadre and Civil Service Organization Department.

10. Department of Basic Information.

11. Ministry Inspectorate.

12. Ministry Office.

13. Telecommunications Administration.

14. Radio Frequency Management Administration.

15. Information Security Administration.

16. E-Government Administration.

17. Directorate of Press.

18. Publishing, Printing, and Distribution Administration.

19. Broadcasting, Television, and Electronic Information Administration.

20. Foreign Information Administration.

21. Central Post Department.

22. Southern Region Work Bureau.

23. Institute of Information Strategy and Communication.

24. Journal of Information Technology and Communication.

25. Vietnam Post Newspaper.

26. VTC Digital Television Station.

27. Information Center.

28. Press and International Communication Cooperation Center.

29. School for Training and Development of Information and Communication Management Cadres.

Units specified from Clause 1 to Clause 22 of this Article are organizations assisting the Minister in performing state management functions; units specified from Clause 23 to Clause 29 of this Article are public service organizations under the Ministry. The Minister of Information and Communications shall prescribe the functions, tasks, powers, and organizational structures of subordinate units in accordance with the law.

The Organization and Personnel Department, the Planning and Finance Department, and the Science and Technology Department shall be organized with no more than four divisions.

The Minister of Information and Communications shall submit to the Prime Minister for issuance the list of public service organizations, state financial organizations, and other press agencies under the Ministry.

Article 4. Effective date

This Decree takes effect from December 2, 2013; it abolishes Government Decree No. 187/2007/NĐ-CP dated December 25, 2007, which stipulates the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications; Government Decree No. 50/2011/NĐ-CP dated June 24, 2011, amending Government Decree No. 187/2007/NĐ-CP dated December 25, 2007, and previous regulations that conflict with this Decree.

Article 5. Transitional Provisions

The Telecommunications Administration and the Radio Frequency Management Administration will continue to operate in accordance with current regulations until the Minister of Information and Communications decides on their functions, tasks, powers, and organizational structures.

Article 6. Responsibility for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.