Decree No. 17/2017/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications

DECREE

REGULATIONS ON THE FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 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 this Decree stipulating the functions, duties, powers and organizational structure of the Ministry of Information and Communications.

Article 1. Position and Functions

The Ministry of Information and Communications is a government agency responsible for state management in the fields of press; publishing, printing, distribution; postal services; telecommunications; radio frequency spectrum; information technology and electronics; broadcasting and television, electronic information, news agencies, foreign information, grassroots information, and state management of public services within the scope of its state management responsibilities.

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 stipulated in Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government on the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and the following specific powers:

1. Submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, draft resolutions of 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, Prime Minister.

2. Submit to the Government, Prime Minister strategies, plans, long-term, medium-term, and annual development plans; national target programs, action programs, and important national projects, programs, and proposals on providing public services and public service activities within the scope of the ministry's jurisdiction; decisions, directives, and other documents within the Prime Minister’s authority.

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

4. Direct, guide, inspect, and supervise the implementation of normative legal documents, strategies, plans, and programs approved within the scope of the ministry's state management; provide information, propaganda, dissemination, and education on laws related to the ministry's jurisdiction.

5. Regarding press (including print newspapers, online newspapers, radio, television, news agencies):

a) Guide, direct, and organize the implementation of planning for the development and management of the press nationwide, and the offices of permanent representative bodies of Vietnamese press agencies abroad, which have been approved by the Prime Minister;

b) Organize information for the press and manage press information; implement measurement and publication of data related to press activities as prescribed by law;

c) Provide technical guidance on measures and procedures for preserving information and information management systems in accordance with legal provisions on access to information;

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

đ) Inspect press screening; manage the national newspaper screening system; implement electronic screening of radio, television, and online newspapers in accordance with legal provisions; inspect the organization and implementation of press statements and information provision by administrative state agencies as prescribed by law;

e) Issue, extend, amend, supplement, temporarily suspend, terminate, and revoke various types of licenses in the field of press, broadcasting, and television; issue and revoke journalist cards; approve press conferences in accordance with legal provisions on press;

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

h) Provide opinions on the appointment of heads of press agencies in accordance with legal provisions on press;

i) Manage the content, quality, and price of broadcasting and television services in accordance with legal provisions.

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

a) Guide, direct, and organize the implementation of planning for the network of publishing, printing, and distribution of publications that have been approved by the Prime Minister;

b) Issue, extend, amend, supplement, temporarily suspend, suspend, revoke various types of licenses in the field of publishing, printing, and distribution as prescribed by law;

c) Confirm and manage registration for publication by publishers, registration for printing business operations, registration for printing products not requiring licensing, registration for distribution of publications, registration for electronic publication and distribution of electronic publications in accordance with legal provisions;

d) Organize the evaluation of publications in accordance with legal provisions; organize inspections of screened publications and manage the screening of publications; organize the procurement and delivery of publications to areas with special difficulties in economic and social conditions, remote areas, mountainous regions, border areas, and islands; organize national book fairs and manage the export of publications abroad in accordance with legal provisions;

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

e) Issue, extend, revoke editing practice certificates as prescribed by law;

g) Manage support activities for publishing as prescribed by law;

h) Provide opinions on the appointment, dismissal, and removal of general directors (directors) and chief editors of publishers.

7. Regarding foreign information:

a) Take the lead and coordinate with relevant agencies to guide and direct the implementation of foreign information strategies, plans, programs, and proposals;

b) Guide the content and provision of foreign information to Vietnamese news agencies and press;

c) Take the lead and coordinate to inspect and evaluate the effectiveness of foreign information work by ministries, ministerial-level agencies, government agencies, provincial people's committees, domestic and foreign press and publishing agencies;

d) Establish mechanisms for exchange, coordination, provision, and sharing of information between state agencies and press agencies;

đ) Monitor, compile, and report to the Prime Minister on the organization of providing explanations and clarifications regarding false information about Vietnam across various fields;

8. Regarding advertising:

a) Perform tasks related to advertising management in the press, on the internet, in publications, and integrated advertising on postal, telecommunications, and information technology products and services in accordance with legal provisions;

b) Issue, extend, amend, supplement, and revoke licenses for channels and advertising programs for radio and television broadcasts; announce the issuance of supplements dedicated to advertising for print newspapers.

9. Regarding electronic information:

a) Manage electronic game services and content information services, applications providing information on telecommunications networks, the Internet in accordance with legal provisions;

b) Issue, extend, amend, supplement, temporarily suspend, terminate, and revoke licenses and certificates for online gaming and electronic information services in accordance with the provisions of the law;

10. Regarding grassroots information and county-level radio and television stations:

a) Guide, direct, and organize the implementation of strategies, plans, and programs for grassroots information activities;

b) Develop information dissemination contents within the ministry's functions and tasks and guide their implementation;

c) Guide the establishment and operation of grassroots information systems: village-level radio stations; grassroots information bulletins; non-commercial materials serving grassroots information activities; direct information dissemination through grassroots information speakers and propagandists; public bulletin boards and other forms of grassroots information activities and county-level radio and television stations.

d) Organize the provision of information and manage the content of information of the basic information system and the county-level radio and television system throughout the country.

11. Regarding postal services:

a) Guide, organize, and inspect the implementation of mechanisms, policies, plans, projects, programs on postal services; organize inspections of the list, support mechanisms, and activities of providing public postal services according to the provisions of the law;

b) Specify the rates and quality of public postal services, dedicated postal services, public services in press distribution activities, postal services for Party and State agencies, and other postal services according to the provisions of the law;

c) Manage postal stamps, ensure safety in postal service activities according to their authority;

d) Manage the national postal code system, Vietnam's postal stamp numbering system;

đ) Issue, amend, supplement, and revoke postal licenses; issue, amend, and supplement notification confirmation documents for postal activities;

e) Define and guide the operation of the public postal network and the postal network serving Party and State agencies according to authority;

g) Coordinate in managing competition and resolving disputes in the postal sector, protecting the legitimate rights of postal service users in accordance with the law;

12. Regarding telecommunications:

a) Guide, direct, and organize the implementation of planning, programs, policies for the development of telecommunications and the Internet; manage the telecommunications market; issue lists, define scopes, objects, rates of telecommunications services, public telecommunications services, and mechanisms and levels of support for enterprises implementing infrastructure investment and providing public telecommunications services according to the provisions of the law; organize the implementation of programs for providing public telecommunications services; organize and manage the implementation of public telecommunications tasks assigned by the State;

b) Take the lead and coordinate in guiding and managing competition and resolving complaints in the field of telecommunications, telecommunication applications, and the Internet; protect the rights and interests of users of telecommunications services, telecommunication applications, and the Internet according to the provisions of the law;

c) Issue, extend, amend, supplement, temporarily suspend, terminate, and revoke telecommunications licenses in accordance with the law;

d) Issue and organize the implementation of planning and regulations on the management and use of telecommunications number pools and domain names, Internet addresses; allocate, recover telecommunications number pools and domain names, Internet addresses; build and submit to competent authorities for issuance and organization of implementation of regulations on auctioning, transferring the right to use telecommunications number pools, Internet domain names, detailed regulations on auctioning telecommunications number pools, Internet resources, and lists of telecommunications number pools, Internet resources subject to auction;

đ) Issue mechanisms, policies, regulations, and organize the implementation of price rate and promotion management in the field of telecommunications and the Internet according to the provisions of the law; monitor and suspend the application of telecommunications rates when telecommunications enterprises impose or undercut telecommunications rates causing instability in the telecommunications market, damaging the legitimate rights and interests of telecommunications service users, other telecommunications enterprises, and the State. Direct and guide the implementation of reporting, accounting, auditing systems serving the management of telecommunications and Internet rates;

e) Issue and organize the implementation of regulations on connecting telecommunications networks;

g) Specify and guide the operation of dedicated telecommunications networks serving Party and State agencies;

h) Guide the construction and implementation of passive telecommunications infrastructure planning; direct, guide, and inspect the sharing and joint use of telecommunications infrastructure;

i) Guide and direct work to ensure the safety of telecommunications infrastructure and information security in telecommunications activities according to the provisions of the law;

k) Manage the quality of telecommunications and the Internet; build, manage, and operate specialized testing and calibration laboratories for telecommunications and the Internet;

l) Establish, manage, operate, and exploit a system for collecting and managing telecommunications data and a mobile number portability switching system;

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

13. Regarding radio frequency spectrum:

a) Guide and organize the implementation of transmission and broadcasting planning; national radio frequency spectrum planning approved by the Prime Minister;

b) Chair and coordinate with the Ministry of National Defense and the Ministry of Public Security to allocate frequency bands for national defense and security purposes and submit to the Prime Minister for approval;

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) Manage the quality of radio emissions, electromagnetic compatibility, and safety from radio frequency radiation in accordance with the law;

đ) Specify technical conditions and operating conditions for types of radio equipment exempt from licensing, specify technical conditions (frequency, power) for radio equipment before production or import for use in Vietnam;

e) Specify training for radio operators; radio operator certificates; subjects, conditions, procedures for issuing, renewing, reissuing radio operator certificates; recognize maritime radio operator certificates for foreign seafarers working on ships flying the Vietnamese flag;

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

h) Inspect and control radio frequencies and radio equipment, handle harmful interference;

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

k) Propose competent authorities to issue and organize the implementation of regulations on auctioning and transferring rights to use radio frequencies;

14. Regarding the information technology and electronics industry:

a) Guide, direct, and organize the implementation of strategies, planning, policies, programs, projects for the development of the information technology and electronics industry;

b) Submit to competent authorities for issuance or issue within their authority preferential policies for investment in developing the information technology industry; announce lists and build programs for developing key information technology products;

c) Appraise programs, plans, projects for developing the information technology industry, contents of trade promotion and investment promotion in the information technology industry, projects for developing information technology products using science and technology funds of ministries, sectors, and localities;

d) Issue or submit to competent authorities for issuance criteria for evaluating and certifying the functions and technical features of information technology and electronics products; mechanisms and policies for managing and developing concentrated information technology zones;

đ) Issue, renew, temporarily suspend, suspend, revoke licenses, certificates, certifications related to the information technology and electronics industry, information technology human resources; issue and recognize information technology skill standards;

e) Organize activities to support investment promotion and trade promotion in the information technology and electronics industry;

g) Implement quality management for products and services in the information technology and electronics industry sector.

15. Regarding the application of information technology and the construction of an electronic government:

a) Guide, organize, and inspect the implementation of programs, plans, projects, mechanisms, policies, regulations on the application of information technology; management rules for investment, evaluation of investment effectiveness in the application of information technology using state funds; support businesses and communities in applying information technology;

b) Perform state management tasks regarding the electronic government; build, maintain, update, and organize the implementation of the Vietnamese Electronic Government Architecture Framework; guide the construction and appraisal of information technology application projects, projects, and programs for building the electronic government according to authority, ministry-level electronic government architecture, provincial-level digital government architecture; guide the construction of information technology application models at all levels;

c) Establish a system to connect and facilitate convenient access to national databases; guide, inspect, and evaluate compliance with laws related to national databases.

d) Issue or submit to competent authorities for issuance and implementation regulations on interconnection, integration, and sharing of information and data among ministries, sectors, and localities; announce or submit to the Prime Minister for announcement the list of shared and common-use information and data according to their authority.

đ) Manage the national program on the application of information technology in state agency activities; take the lead in implementing the content of information technology application in state agency activities under the overall reform program and administrative reform plan.

e) Manage the quality of information technology application activities and information systems; build and manage the operation of information system testing laboratories.

g) Organize the construction, management, and operation of information technology application infrastructure, the framework architecture infrastructure of Vietnam's e-Government, and common-use information and data systems assigned by the Government and the Prime Minister.

h) Guide localities in applying information technology to develop and provide smart city services.

16. On information security:

a) Manage information security; ensure information security for information systems and information technology application and development activities; prevent spam; ensure personal information security online; organize the management and coordination of national cyber incident response activities; take the lead in coordinating emergency measures to ensure national cybersecurity as prescribed by law.

b) Manage production and business activities of information security products and services; organize certification, evaluation, and issuance of information security certificates; issue, renew, amend, supplement, temporarily suspend, suspend, and revoke business licenses for information security products and services except for civil cryptographic products and services.

c) Build and operate information security assurance systems; review network security in information system design documents and information system security levels; manage information security monitoring work as prescribed by law.

d) Specify digital signature and digital signature verification service regulations within the scope of authority; take the lead and coordinate with the Ministry of Public Security and the State Cryptography Committee in managing organizations providing digital signature verification services; organize the provision of national digital signature verification services as prescribed by law; coordinate with the Ministry of Public Security to ensure security for key projects related to national security in telecommunications and information technology fields.

17. Construct, manage, operate, and exploit dedicated postal, telecommunications networks, and dedicated information systems serving the guidance and management of Party and State agencies.

18. Coordinate in organizing the implementation of intellectual property laws concerning encrypted press products, radio and television programs, publications, postal stamps, information and communication products and services; inventions and patents in industries and fields managed by the ministry.

19. Organize awards and implement commendation and reward work as prescribed by law.

20. Decide and implement preventive and blocking measures against illegal information and communication activities.

21. Issue and implement national technical standards, propose national standards in industries and fields under the ministry's jurisdiction; participate in mutual recognition agreements regarding conformity assessment with other countries; specify management regulations for conformity assessment activities in fields under the ministry's jurisdiction.

22. Manage export and import of products and goods in industries and fields under the ministry's jurisdiction as prescribed by law.

23. Decide on measures to mobilize networks and services, means, and equipment for information and communication purposes in cases of national security emergencies, natural disasters, and enemy threats as assigned by the Government and the Prime Minister.

24. Manage and implement investment programs, projects, and plans in industries and fields under the ministry's jurisdiction as prescribed by law; establish and issue economic-technical norms, cost norms, and other specialized norms under the ministry's jurisdiction; organize the collection and exploitation of information for state management and specialized statistical work as prescribed by law.

25. Develop the annual budget estimate of the ministry, coordinate with the Ministry of Finance to prepare and consolidate estimates for information-related public service expenditures (press, publishing, foreign information, grassroots information) of ministries, ministerial-level agencies, government agencies, and centrally-administered cities and provinces for submission to the Government for presentation to the National Assembly; manage allocated assets; manage, organize, and settle the state budget and sources of funds and funds as prescribed by law.

26. Implement international cooperation in fields under the ministry's jurisdiction as prescribed by law.

27. Organize scientific research planning, advanced technology product development, technological innovation, and environmental protection in industries and fields under the ministry's jurisdiction.

28. On public services:

a) Manage state public service activities in industries and fields under the state management of the ministry in accordance with the provisions of the law;

b) Establish and issue quality criteria and standards, economic-technical norms for public services in industries and fields under management as a basis for issuing public service fees as prescribed by law.

c) Guide organizations in implementing public services as prescribed by law.

29. On enterprises:

a) Take the lead and coordinate with relevant ministries and sectors to submit to the Government for issuance of mechanisms and policies encouraging and supporting enterprise development in the information and communication sector; coordinate with relevant agencies and organizations to direct, guide, and inspect the implementation.

b) Approve or submit to the competent authority for approval the overall restructuring program, the reorganization and development plan for state-owned enterprises operating in the information and communication sector, and direct the implementation thereof according to the division of labor and decentralization;

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;

30. Perform tasks and exercise powers over associations and non-governmental organizations under the management of the Ministry in accordance with the provisions of the law.

31. Conduct inspections, audits, handle complaints and denunciations, prevent and combat corruption, and deal with violations of the law within the scope of the Ministry's administrative management functions.

32. Decide and direct the implementation of the Ministry’s administrative reform plan in accordance with the objectives and content of the State administrative reform program and plans of the Government and the directives of the Prime Minister; propose or decide within its authority on the implementation of decentralization in state administration over sectors and fields.

33. Train and develop human resources in the areas managed by the Ministry; implement forecasts of human resource needs and planning for the development of information and communication personnel.

34. Manage organizational structure, staffing, cadres, civil servants, public officials, and employees; implement salary systems and other regulations for cadres, civil servants, public officials, and employees under the Ministry's jurisdiction in accordance with the law.

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

Article 3. 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. Inspectorate of the Ministry;

11. Office of the Ministry.

12. Press and Publishing Department.

13. Radio, Television and Electronic Information Department.

14. Publishing, Printing and Distribution Department.

15. Basic Information Department.

16. Foreign Information Department.

17. Telecommunications Department.

18. Radio Frequency Management Department.

19. E-Government Department.

20. Information Security Department.

21. Central Post Department.

22. Institute of Information and Communications Strategy.

23. Information Center.

24. Vietnam Post Newspaper.

25. Vietnamnet Online Newspaper.

26. Information and Communications Magazine.

27. Academy of Post and Telecommunications Engineering.

28. School for Training and Development of Information and Communications Management Cadres.

The units specified from Clause 1 to Clause 21 of this Article are organizations assisting the Minister in performing state management functions; the units specified from Clause 22 to Clause 28 of this Article are affiliated public service organizations. The Minister of Information and Communications shall stipulate the functions, tasks, powers, and organizational structures of the subordinate units in accordance with the law.

The Planning and Finance Department shall be organized into 04 divisions; the Legal Affairs Department shall be organized into 01 division; the Inspectorate shall be organized into 06 divisions; the Office shall be organized into 05 divisions; the Press and Publishing Department shall be organized into 05 divisions; the Radio, Television and Electronic Information Department shall be organized into 06 divisions; the Publishing, Printing and Distribution Department shall be organized into 06 divisions; the Basic Information Department shall be organized into 05 divisions; the Foreign Information Department shall be organized into 05 divisions; the Telecommunications Department shall be organized into 10 divisions; the Radio Frequency Management Department shall be organized into 09 divisions; the E-Government Department shall be organized into 08 divisions; the Information Security Department shall be organized into 05 divisions; the Central Post Department shall be organized into 07 divisions.

Article 4. Effective date

1. This Decree takes effect from the date of issuance.

2. This Decree replaces Decree No. 132/2013/NĐ-CP dated October 16, 2013 of the Government prescribing the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications.

Article 5. Responsibilities for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.