Decree No. 187/2007/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

________________________

THE GOVERNMENT

BASED ON THE Government Organization Law dated December 25, 2001;

BASED ON Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and Ministerial-Level Agencies;

CONSIDERING the proposal of the Minister of Information and Communications and the Minister of Home Affairs;,

DECREE:

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 and delivery; telecommunications and the Internet; broadcasting transmission; radio frequency; information technology and electronics; radio and television and national information communication infrastructure; state management of public services within the scope of state management of the Ministry.

Article 2. Tasks and Powers

The Ministry of Information and Communications performs the tasks and powers prescribed in Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and Ministerial-Level Agencies and the following specific tasks and powers:

11\. 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 resolutions, decrees of the Government according to the annual legislative program and plan of the Ministry that have been approved and projects, programs assigned by the Government, Prime Minister.

2\. Submit to the Prime Minister strategies, plans, long-term, five-year, annual development plans; national target programs, action programs and important projects, works within the scope of the industry and sector; draft decisions, directives of the Prime Minister.

3 . Issue directives, decisions, circulars within the scope of state management of the Ministry.

4\. Direct, guide, inspect and be responsible for organizing the implementation of normative legal documents, strategies, plans already approved within the scope of state management of the Ministry; provide information, propaganda, dissemination, education on laws related to the industry and sector under the scope of state management of the Ministry.

5\. Regarding press:

a\. Guide, direct, organize the implementation of the network planning of the press throughout the country, representative offices of permanent agencies abroad of Vietnamese press agencies approved by the Prime Minister;

b\. Manage types of press throughout the country including print media, broadcast media, electronic media, news agencies and information on the internet;

c\. Chair press conferences, manage press information in accordance with the law on press;

d\. Implement the system of spokespersons providing information to the press according to the分级要求您直接输出翻译内容，我继续完成剩余部分：

e\. Issue regulations on organizing journalism contests;

f\. Specify regulations on newspaper storage, managing the national newspaper storage archive;

g\. Issue, renew, temporarily suspend, terminate, revoke licenses for press activities; special edition publication licenses, supplementary issue licenses, supplements, special programs, regular programs; journalist cards; grant permission for foreign publications to distribute in Vietnam;

h\. Regulate the operation of press and journalists nationwide, coordinate with relevant agencies to manage the activities of Vietnamese press related to foreign countries and foreign press activities in Vietnam;

i\. Agree on the appointment and dismissal of Chief Editors, Deputy Chief Editors, General Directors, Deputy General Directors, Directors, Deputy Directors of press agencies;

k\. Specify standards, expertise, and professional qualifications for heads of press agencies.

6\. Regarding publishing (including publishing, printing, distribution of publications):

a\. Guide, direct, organize the implementation of the network planning of publishing, printing and distribution of publications; policies on publishing activities approved by the Prime Minister;, b\. Specify detailed conditions for establishment and business operations in publishing, printing, and distribution of publications in accordance with the law;

c\. Issue, renew, temporarily suspend, terminate, revoke licenses for establishing publishers, setting up representative offices of foreign publishers in Vietnam; setting up representative offices of foreign organizations in Vietnam in the field of publication distribution in accordance with the law;

d\. Issue, renew, temporarily suspend, terminate, revoke licenses for non-commercial publication materials; licenses for printing products requiring licensing; licenses for printing foreign publications; licenses for importing printing equipment; licenses for operating import-export publication businesses; licenses for publication exhibitions and fairs in accordance with the law; manage the announcement and dissemination of works abroad within the authority;

đ\. Receive and manage registration of publication plans from publishers, registration of imported publication catalogues from import publication businesses;

e\. Manage the storage of publications and organize reading of stored publications;

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

h\. Agree on the appointment and dismissal of Directors, Chief Editors of publishers;

i\. Specify standards, expertise, and professional qualifications for heads of publishing agencies.

7\. Regarding advertising on press, on computer network information, and on publications:

a\. Issue, amend, supplement, revoke advertising licenses on press (including: print media, broadcast media, electronic media), on computer network information, and on publications;

b\. Guide the implementation of advertising on press, on computer network information, and on publications;

c\. Inspect, check, handle violations by agencies, organizations, individuals engaged in advertising on press, on computer network information, and on publications.

8\. Regarding postal services and delivery:

a\. Guide, direct, organize the implementation of strategies, plans for the development of postal services and delivery; lists of public service items in the postal and delivery sectors and mechanisms to support enterprises to provide public services and other public obligations in the postal and delivery sectors approved by the Prime Minister;

a) Directing, guiding, organizing the implementation of the strategy, planning for the development of postal services and courier services; the list of public service functions in the field of postal services and courier services, and the support mechanisms for enterprises to provide public service functions and other public obligations in the field of postal services and courier services that have been approved by the Prime Minister;

b) Issue prices for public service tariffs, exclusive service ranges within the postal and courier sectors according to authority; decide technical standards regarding service quality; stipulate national postal code regulations;

c) Issue, extend, temporarily suspend, terminate, and revoke various types of licenses for postal and courier operations; conduct service quality inspections;

d) Establish and manage safety and security in the postal and courier sectors; regulate competition and resolve disputes in the postal and courier sectors;

đ) Specify and manage postal stamps;

e) Lead the organization of procurement orders from enterprises to provide public services in the postal and courier sectors; inspect and supervise the provision of public services and annual settlement;

9. Regarding telecommunications and the Internet:

a) Guide, direct, and organize the implementation of national planning for telecommunications and Internet development; important mechanisms and policies for developing telecommunications and the Internet; stipulate investment conditions in the telecommunications sector; regulations on reselling telecommunications services; programs for providing public telecommunications services approved by the Prime Minister;

b) Issue planning and management regulations for number resources and Internet resources according to authority; regulations on telecommunications service tariffs; decisions on allocating, recovering number resources and Internet resources;

c) Issue, extend, temporarily suspend, terminate, and revoke various types of telecommunications licenses as prescribed;

d) Manage number resources and Internet resources;

đ) Manage the quality, pricing, and tariffs of telecommunications and Internet services;

e) Manage the interconnection of telecommunications networks;

g) Regulate competition and resolve disputes in the telecommunications and Internet sectors;

h) Implement certification management for telecommunications equipment and telecommunications construction projects that meet standards;

i) Manage the provision of public telecommunications services;

k) Operate and ensure the security and safety of the national domain name server system;

10. Regarding transmission broadcasting and radio frequency spectrum:

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

b) Perform the duties of the Chairman of the Radio Frequency Spectrum Committee; lead and coordinate with the Ministry of National Defense and the Ministry of Public Security to allocate frequency bands for defense and security purposes to be submitted for approval by the Prime Minister;

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

d) Issue standards for transmission broadcasting equipment, radio communication equipment, and radio emission standards and electromagnetic compatibility standards;

đ) Stipulate technical conditions and operational conditions for conditional-use radio communication equipment; stipulate technical conditions (frequency, transmission power) for radio communication equipment before production or import for use in Vietnam;

e) Specify training and issuance of radio operator certificates;

g) Issue, extend, temporarily suspend, terminate, and revoke various types of transmission broadcasting and 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.

11. Regarding information technology and electronics:

a) Guide, direct, and organize the implementation of programs, projects, and plans on information technology and electronics; support mechanisms and policies for developing software, hardware, electronic industries, and content industries; national database exploitation catalogues and regulations; investment application management regulations using state capital approved by the Prime Minister;

b) Issue mechanisms and policies for managing information technology and electronics products and services according to authority;

c) Uniformly manage information technology and electronics application and development programs; government electronic framework and standard national information system architecture; manage information security during information technology applications according to law;

d) Issue, extend, temporarily suspend, terminate, and revoke various types of information technology licenses, certificates, and certifications;

đ) Organize the management and use of information resources; implement the function of providing national digital signature certification services according to law;

Average loan repayment period is 10 years;) Organize the implementation of functions to manage and coordinate nationwide computer incident response activities;

12. Regarding broadcasting and television:

a) Guide, direct, and organize the implementation of national broadcasting and television planning approved by the Prime Minister;

b) Issue regulations on implementing approved planning according to authority; stipulate national technical standards and regulations on related service pricing and tariffs;

c) Issue, extend, temporarily suspend, terminate, and revoke various types  of broadcasting and television licenses;

13. Regarding national information infrastructure and communications:

a) Guide, direct, and organize the implementation of laws and regulations on protecting the safety and security of national information infrastructure and communications approved by the Prime Minister;

b) Issue measures to ensure safety and security for converged information infrastructure and communications resources according to authority; mechanisms and policies on shared use of information infrastructure and communications resources;

14. Direct and organize the implementation of awards and honors in the information and communications sector after approval by the Prime Minister; decide on awards and honors in the information and communications sector according to authority;

15. Grant permits to foreign organizations and individuals to organize information activities in Vietnam according to law;

16. Lead and coordinate with the Ministry of Foreign Affairs and relevant ministries and agencies to manage state affairs concerning external information;

17. Decide and organize the implementation of preventive and blocking measures against illegal information and communication activities;

18. Issue regulatory legal documents, develop and apply standards and quality requirements, stipulate the application of standards and quality requirements, issue national technical standards in sectors and fields under the Ministry's jurisdiction;

19. Regarding copyright, intellectual property rights:

a) Direct and organize the implementation of legal provisions on copyright for press and publishing products, copyrights for information technology and communication products and services; intellectual property rights for inventions and patents in industries and fields under the Ministry's management;

b) Implement lawful measures to protect organizations and individuals in the field of copyright, product copyrights, and intellectual property according to their authority;

c) Guide business practices for protection in the field of copyright, copyrights, and intellectual property for industries, localities, enterprises, social organizations, and citizens regarding products and services according to their authority.

20. Issue permits for the export and import of goods in industries and fields under the Ministry's management as prescribed by law; issue, extend, temporarily suspend, suspend, or revoke certificates and licenses regarding network quality, construction projects, products, and services in industries and fields under the Ministry's management.

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

22. Direct and manage specialized and dedicated information networks serving the guidance and management of Party and State agencies.

23. Manage investment programs, projects, and plans in industries and fields under the Ministry's management as prescribed by law; establish economic and technical norms in industries and fields under the Ministry's management; implement specialized statistics according to the law.

24. Develop the annual budget estimate of the Ministry, coordinate with the Ministry of Finance to prepare and consolidate revenue and expenditure budget estimates according to industries and fields under the Ministry's management, aggregate funds for science and technology application and development, and information (press, publishing) expenses of Ministries, agencies at the ministerial level, government agencies, and centrally-administered cities and provinces to be submitted to the National Assembly by the Government; manage assigned assets; manage, organize, and settle the state budget and sources of capital and funds according to the law.

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

26. Organize and direct the implementation of scientific research plans, advanced science and technology applications, and environmental protection in industries and fields under the Ministry's management.

27. Decide on specific policies and measures and direct the implementation of operational mechanisms for public service organizations in industries and fields under the Ministry's management according to the law; manage and direct activities of affiliated public institutions.

28. Regarding the representation of state ownership in state-owned enterprises:

a) Develop proposals for establishment, restructuring, reorganization, and ownership conversion to submit to the Prime Minister for approval and direct the implementation of the proposal after approval;

b) Submit to the Prime Minister for appointment, reappointment, removal, or appointment within their authority of leadership positions and chief accountants in unlisted state-owned enterprises;

c) Approve or submit to the Prime Minister for approval of the organizational structure and operation regulations of unlisted state-owned enterprises within their authority.

29. Guide and create Conditions for associations and non-governmental organizations to participate in activities within the scope of management of the Ministry; inspect compliance with state regulations by associations and non-governmental organizations, handle or recommend competent state agencies to handle violations of law by these organizations according to the law.

30. Inspect, check, resolve complaints and denunciations, handle violations of law in the fields under the authority of the Ministry; organize implementation of anti-corruption, thrift, and bureaucracy, arrogance, and favoritism against units under the Ministry.

31. Decide and implement the administrative reform plan of the Ministry according to the State administrative reform program and plan of the Government and the guidance of the Prime Minister; decide and direct the implementation of new working methods, modernization of offices, and application of information technology to serve the operations of the Ministry; report on the implementation of administrative reform annually within the scope of management of the Ministry according to regulations.

32. Organize examinations for promotion to higher ranks for specialized information and communication civil servants; issue professional standards and technical norms for ranks of civil servants in the sectors and fields managed by the Ministry after receiving the review opinion of the Ministry of Home Affairs; build professional standards and technical norms for ranks of public officials in the sectors and fields managed by the Ministry for the Ministry of Home Affairs to issue; issue professional standards and technical norms for heads of specialized agencies under the provincial People's Committees directly under the Central Government.

33. Develop annual staffing plans of the Ministry to be sent to the Ministry of Home Affairs; develop and implement training and development plans for cadres, public officials, and civil servants, recruitment, utilization, transfer, rotation, retirement, salary systems, rewards, punishments, and other systems for cadres, public officials, and civil servants under the management of the Ministry according to the law; train and develop human resources in the fields managed by the Ministry according to the law.

34. Perform other tasks and powers as prescribed by law.

Article 3. Organizational structure of the Ministry

1 . Postal Services Department.

2. Telecommunications Department.

3 . Information Technology Department.

4. Science and Technology Department.

5 . Director-General of the General Department of Population and Family Planning

6. Department of International Cooperation.

7. Legal Affairs Department;

8. Department of Organization and Cadre Management.

9. Inspectorate;

10. Office;

11 Radio Frequency Management Agency.

12. Quality Management Agency for Information Technology and Telecommunications.

13 . Information Technology Application Agency .

14. Press Agency.

15 . Publishing Agency.

16. Broadcasting, Television, and Electronic Information Management Agency.

17Overseas Information Agency.

18 . The Ministry’s representative office in Ho Chi Minh City.

19. The Ministry’s representative office in Da Nang City.

20. Institute of Information and Communication Strategy.

21. Vietnam Internet Center.

22. Information Center.

23. Journal of Information Technology and Telecommunications.

24. Vietnam Post Newspaper.

25. Press and International Communication Cooperation Center.

26. School for Training and Developing Information and Communication Managers.

Units specified from Clause 1 to Clause 19 of this Article are organizations assisting the Minister in performing state management functions; units specified from Clause 20 to Clause 26 of this Article are affiliated public service organizations of the Ministry.

Departments: Cadre and Civil Service Organization, Planning-Finance, Science and Technology shall be organized into 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. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette; it replaces Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications and previous provisions contrary to this Decree.

Article 5. 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./.