Circular No. 19/2012/TT-BTTTT stipulates the advisory department and inspection activities of the agency assigned to perform specialized inspection functions under the Ministry of Information and Communications.

CIRCULAR

Regulations on advisory units and inspection activities of the agency

assigned to perform specialized inspection functions

under the Ministry of Information and Communications

____________

Based on the Inspection Law dated November 15, 2010;

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

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;

The Minister of Information and Communications issues this Circular regulating advisory units and inspection activities of agencies assigned to perform specialized inspection functions under the Ministry of Information and Communications,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates advisory units for specialized inspection work of agencies assigned to perform specialized inspection functions under the Ministry of Information and Communications; tasks, powers of the agency and its heads assigned to perform specialized inspection functions; specialized inspection activities; standards, uniforms, and identification cards for information and communication inspectors.

Article 2. Applicability

This Circular applies to the Inspector General of the Ministry, the Director of the Ministry's Office, the Directors of Departments assigned to perform specialized inspection functions, Regional Frequency Management Center Directors, Heads of specialized inspection teams, members of specialized inspection teams, Inspectors, persons assigned to perform specialized inspection tasks, inspected entities, and other relevant agencies, organizations, and individuals within the field of information and communications.

Article 3. Principles for conducting specialized inspection activities

1. Specialized inspection activities shall be carried out by specialized inspection teams, Inspectors, and persons assigned to perform specialized inspection tasks.

2. Specialized inspection activities must be conducted regularly, closely linked to the performance of professional, technical, and operational tasks; promptly detecting, preventing, and handling violations of laws.

Chapter II

ORGANIZATION, TASKS, POWERS AND ACTIVITIES

OF THE AGENCY ASSIGNED TO PERFORM SPECIALIZED INSPECTION

FUNCTIONS IN INFORMATION AND COMMUNICATIONS

Article 4. Advisory units for specialized inspection work

1. Establish Inspection and Legal Affairs Departments at Departments assigned to perform specialized inspection functions under the Ministry of Information and Communications.

The Inspection and Legal Affairs Department shall perform advisory functions for specialized inspection work for the Department Director.

2. The Supervision and Handling Department shall perform advisory functions for specialized inspection work for the Regional Frequency Management Center Director.

3. Specific tasks and powers of the Inspection and Legal Affairs Department and the Supervision and Handling Department shall be defined by the Department Director.

Article 5. Tasks and powers of the agency assigned to perform specialized inspection functions

1. The tasks and powers of Departments assigned to perform specialized inspection functions shall be implemented according to Clause 1, Article 10 of Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government stipulating agencies assigned to perform specialized inspection functions and specialized inspection activities (hereinafter referred to as Decree No. 07/2012/NĐ-CP).

2. Tasks and powers of the Regional Frequency Management Center

a) Develop annual inspection plans to submit to the Radio Frequency Management Department for consolidation;

b) Inspect compliance with specialized laws, professional-technical regulations, and management rules for the frequency spectrum sector within its jurisdiction;

c) Inspect cases suspected of violating laws when assigned by the Department Director;

d) Inspect other cases assigned by the Department Director;

đ) Monitor, urge, and check the implementation of conclusions, recommendations, and decisions on inspections made by itself;

e) Report to the Radio Frequency Management Department on specialized inspection work every three months, six months, and annually;

g) Submit ad hoc reports on inspection work upon request;

h) Take the lead or coordinate with Provincial Information and Communications Departments in inspection activities (if necessary).

Article 6. Duties and powers of the head of the agency assigned to perform specialized inspection functions

1. The duties and powers of the Directors of the Departments assigned to perform specialized inspection functions shall be implemented in accordance with Article 11 of Decree 07/2012/NĐ-CP.

2. The duties and powers of the Director of the Regional Frequency Radio Center

a) Leading, directing, and inspecting the specialized inspection work assigned;

b) Assigning civil servants to carry out specialized inspection tasks;

c) Reporting to the Department Director when signs of violation of laws are discovered and deciding to conduct inspections upon being tasked by the Department Director;

d) Proposing the Department Director to handle overlapping issues regarding scope, subjects, content, and time of inspections within their management authority;

đ) Reporting to the Inspector General of the Ministry when disagreeing with the instructions or handling of the Department Director during inspection activities;

e) Proposing state agencies with competent authority to amend, supplement, or issue regulations in accordance with management requirements; proposing to suspend or revoke regulations found to be contrary to the law through inspection work;

g) Imposing administrative penalties in accordance with the provisions of the law.

Article 7. Specialized inspection activities of the agency assigned to perform specialized inspection functions

1. Specialized inspection activities of the Departments assigned to perform specialized inspection functions shall be carried out in accordance with the provisions of Chapter III of Decree 07/2012/NĐ-CP.

2. Specialized inspection activities of the Regional Frequency Radio Center shall be conducted either in inspection teams or independently.

a) In cases where inspections are conducted in teams, they shall be carried out in accordance with the provisions from Article 16 to Article 28 of Decree 07/2012/NĐ-CP;

b) In cases where inspections are conducted independently, they shall be carried out in accordance with the provisions from Article 29 to Article 32 of Decree 07/2012/NĐ-CP.

Chapter III

STANDARDS, UNIFORMS, AND BADGES OF SPECIALIZED INSPECTORS

FUNCTIONS IN INFORMATION AND COMMUNICATIONS

Article 8. Standards for specialized inspection civil servants

A person assigned to perform specialized inspection tasks is referred to as a specialized inspector. Specialized inspectors belong to the establishment of the Department assigned to perform specialized inspection functions, meeting the conditions and standards stipulated for the civil servant rank they hold and the following specific standards:

1. Understanding laws to apply them in specialized inspection activities.

2. Holding a bachelor's degree or higher in a field relevant to their current job responsibilities.

3. Possessing a certificate or training course in specialized inspection.

4. Possessing a certificate or training course in public administration management.

5. Having at least one year of experience in professional work in the field assigned to perform specialized inspection tasks (excluding probationary period).

Article 9. Standards for the Head of Inspection Teams

1. The Head of Inspection Teams must meet the standards specified in Clause 1, 2, 3, and 4 of Article 8 of this Circular.

2. Having at least five years of professional experience in the field assigned to perform specialized inspection tasks (excluding probationary period).

3. Holding the position of Deputy Director of a Department-level division or equivalent or higher.

4. Understanding principles, systems, policies, and regulations of the State on specialized information and communication management.

5. Possessing the ability to organize, direct, and guide inspection officers, inspection collaborators, and specialized inspectors to carry out assigned inspection tasks.

6. Possessing the ability to analyze and evaluate issues within the scope of management according to the assigned field.

Article 10. Uniforms for specialized inspection officials

1. Specialized inspection officials under Bureaus shall be provided with specialized inspection uniforms, including: autumn-winter clothing, long-sleeved shirts, spring-summer short-sleeved clothing, leather belts, leather shoes, backstrap sandals, socks, ties, raincoats, and document cases.

2. Specialized inspection officials are responsible for maintaining their specialized inspection uniforms. These uniforms shall be worn when performing duties and commemorating days related to inspection activities.

Article 11. Standards and service life of uniforms

Article 12. Specifications and colors of male uniforms

1. Winter jacket

a) Material: Gabardine fabric;

b) Color: Dark heather gray;

c) Style: Coat with full front lining, partial back lining, four metal buttons colored gold, star-shaped buttons with gold plating, four outside pockets on the front (two chest pockets, two lower pockets), K-collar, back slit, wide sleeves measuring 9.5 cm, all lapels, collars, cuffs, shoulder pads, and sleeve bands are sewn with a 0.4 cm seam; shoulders have two shoulder pads with gold-plated buttons; the front and back of the coat are bonded with interfacing matching the main fabric color, shoulder padding made of foam.

2. Winter pants, spring-summer pants

a) Material: Gabardine fabric;

b) Color: Dark heather gray;

c) Style: European-style trousers with two diagonal side pockets, one back pocket with a plastic button; zipper closure, waistband with one hook and one hidden button; hem slanted with a crescent shape; six evenly distributed belt loops.

3. Long-sleeved shirt

a) Material: Poplin;

b) Color: Light blue;

c) Style: Long-sleeved shirt with collar band, cuffs with two buttons, six matching plastic buttons, straight hem, left breast pocket, rounded flap pocket, pocket opening sewn with a 3 cm seam; back shoulder yoke; flat hem; sleeve cuffs turned outward; entire collar, sleeves, pocket flaps, and shoulder pads sewn with a 0.4 cm seam.

4. Short-Sleeved Spring-Summer Jacket

a) Material: Poplin;

b) Color: Light blue;

c) Style: Short-sleeved spring-summer shirt with collar band and cuff bands, stiff collar, two covered chest pockets with star-shaped gold-plated buttons, two shoulder pads with gold-plated buttons; rounded pocket flaps, rounded pocket openings, center pocket with raised stitching; back shoulder yoke; flat hem; sleeve cuffs turned outward; entire collar, sleeves, pocket flaps, and shoulder pads sewn with a 0.4 cm seam.

5. Leather shoes

a) Material: Leather;

b) Color: Black;

c) Style: Sole height 3 cm, lace-up, low cut.

6. Backstrap sandals

a) Material: Leather or faux leather;

b) Color: Black;

c) Style: Sole height 3 cm, snap closure.

Article 13. Specifications and colors of female uniforms

1. Winter jacket

a) Material: Gabardine fabric;

b) Color: Dark heather gray;

c) Style: Coat with full front lining, partial back lining, four gold-plated metal buttons, star-shaped buttons with gold plating, two covered pockets on each side of the body, K-collar, back slit, wide sleeves measuring 8.5 cm, all lapels, collars, cuffs, shoulder pads, and sleeve bands are sewn with a 0.4 cm seam; shoulders have two shoulder pads with gold-plated buttons; inner fabric color matches the main fabric, shoulder padding made of foam.

2. Trousers or skirts

a) Material: Gabardine fabric;

b) Color: Dark heather gray;

c) Style:

European-style trousers with two watch pocket-style side pockets close to the waistband; zipper closure; elastic waistband, waistband with one hook and one hidden button; six evenly distributed belt loops, slightly flared legs.

A-line skirt with back zipper closure, back slit, side darts.

3. Long-sleeved shirt

a) Material: Poplin;

b) Color: Light blue;

c) Style: Stiff collar, straight hem, two front pleats and two back pleats, collar band, cuffs; six matching plastic buttons, entire collar, sleeves, pocket flaps, and shoulder pads sewn with a 0.4 cm seam.

4. Short-Sleeved Spring-Summer Jacket

a) Material: Poplin;

b) Color: Light blue;

c) Style: Short-sleeved spring-summer shirt, two-piece collar, single row of five gold-plated metal buttons, two covered lower pockets with rounded flaps, two metal buttons, two front pleats and two back pleats. Shoulders have two shoulder pads with gold-plated buttons; flat hem; entire collar, sleeves, pocket flaps, and shoulder pads sewn with a 0.4 cm seam.

5. Leather shoes

a) Material: Leather;

b) Color: Black;

c) Style: Sole height 5 cm, lace-up, low cut.

6. Backstrap sandals

a) Material: Leather or faux leather;

b) Color: Dark purple hue;

c) Style: Sole height 5 cm, snap closure.

Article 14. Other uniforms commonly equipped for both male and female

1. Necktie

The material is Gabardine fabric, dark heather gray color. The tie has a moderate length and width, pre-tied style with a zipper and automatic lock.

2. Belt

The faceplate is rectangular-shaped, with a raised star embossed within a circle with a diameter of 2 cm in the center, and black leather strap.

3. Socks

Dark charcoal or black color, made of stretchable knitted material.

4. Raincoat:

The coat is in a faded grass green color, with a chin strap and a hem that covers the knees; the pants have elastic cuffs and match the coat's color.

5. Document case:

The document case is made of leather, black in color, with a lock and shoulder strap.

Article 15. Inspection Official Card

1. The specialized inspection officials of the Ministry of Information and Communications shall be issued an inspection official card to use when performing inspection tasks.

2. Specialized inspection officials must wear the inspection official card when performing their duties and official business.

3. Specialized inspection officials are responsible for managing and using the inspection official card according to the provisions of the law. In cases where the card is lost or damaged, the specialized inspection official must report to the Director of the Bureau to process the issuance or replacement of the card. Strictly prohibited is the use of the inspection official card outside of performing inspection functions and tasks.

4. The inspection official card must be reclaimed when the inspection official retires or is not assigned to perform specialized inspection functions.

5. The inspection official card determines the legal status for specialized inspection officials to use when performing inspection duties and powers as prescribed by law.

6. The inspection official card must clearly state the name of the Ministry of Information and Communications, the name of the Bureau managing and using the official; photograph, full name, position or job title of the official; card number.

7. The inspection official card is made of paper or plastic material.

Article 16. Sample of Inspection Official Card

1. The inspection official card is rectangular in shape, measuring 50mm wide and 90mm long. The content on the inspection official card is presented in the Vietnamese Unicode font according to the Vietnamese standard TCVN 6909:2001.

2. The inspection official card consists of two sides:

a) Front side (Figure 1) with a red background, yellow capital letters, including two lines:

The top line reads “SOCIALIST REPUBLIC OF VIET NAM”, bold font, size 09;

The bottom line reads “- Full name: Records the full name of the person assigned to perform specialized inspection tasks, normal font, font size 9;”, bold font, size 14;

Between the two lines is the emblem of the inspection sector, with a diameter of 24mm.

b) Back side (figure 2): The background is a pink floral pattern forming rays emanating from the center; in the center is the emblem of the inspection sector, printed in light gray, with a diameter of 20mm; at the upper left corner is the emblem of the inspection sector with a diameter of 14mm.

+ National Emblem: "SOCIALIST REPUBLIC OF VIETNAM", in capitalized letters, size 8;

- Name of the agency “MINISTRY OF INFORMATION AND COMMUNICATION” (printed on the first line): all capital letters, bold, black color, size 12;

- Name of the Bureau directly managing the specialized inspection officials (printed on the second line): all capital letters, bold, black color, size 11;

- Full name of the specialized inspection official (printed on the third line): all capital letters, bold, black color, size 14;

- Position or job title of the specialized inspection official (printed on the fourth line): all capital letters, bold, black color, size 11;

- Number of the inspection official card (printed on the fifth line): all capital letters, bold, black color, size 13;

- Portrait photograph of the person holding the card, size 2x3cm, located at the lower left corner of the card;

- Emblem of the inspection sector printed in color according to regulations, located at the upper left corner of the card.

Article 17. Responsibilities of Relevant Units

1. The Departments assigned the task of performing specialized inspection functions shall be responsible for:

a) Selecting civil servants who meet the standards prescribed in Article 8 of this Circular to be assigned the task of performing specialized inspection functions;

b) Completing files in accordance with Clauses 2, 3, 4, and 5 of Article 8 of this Circular and requesting the Ministry's Office to issue a specialized inspector civil servant card;

c) Directly managing the specialized inspector civil servant cards under their own authority;

d) Recovering the specialized inspector civil servant card when the specialized inspector retires or is not assigned to perform specialized inspection functions and submitting it to the Ministry's Office;

đ) In case the specialized inspector civil servant card is damaged or lost, the Department shall issue a written request to the Ministry's Office to consider issuing a new card or exchanging the card (submitting the damaged specialized inspector civil servant card along with the request);

2. The Ministry Office shall have the responsibility to:

a) Reviewing files, processing procedures for issuing new, replacement, or exchange of specialized inspector civil servant cards within seven working days from the date of receiving complete files;

b) Recovering the specialized inspector civil servant card according to the proposal of the Department assigned the task of performing specialized inspection functions;

c) Cutting corners or punching holes on the card so that it cannot be used anymore. Damaged cards or those with cut corners or punched holes must be kept in the file of issued specialized inspector civil servant cards;

Article 18. Budget for Making and Issuing Uniforms and Cards for Specialized Inspector Civil Servants

1. The budget for making and providing uniforms for specialized inspector civil servants belonging to which Department shall be guaranteed by the State budget of that Department.

Annually, the Departments base on the number of recipients of specialized inspector civil servant uniforms, the quantity and types of inspection uniforms reaching the end of their service life as prescribed, prepare a budget estimate and send it to the Planning and Finance Department for consolidation and submission to the Minister for approval and allocation of funds for making and providing specialized inspector civil servant uniforms, and this is included in the annual budget estimate.

2. The budget for making specialized inspector civil servant cards is managed and implemented by the Ministry's Office.

The budget for making specialized inspector civil servant cards for specialized inspector civil servants of the Departments is prepared by the Ministry's Office in accordance with regulations.

3. The budget for making and providing uniforms for specialized inspector civil servants and making specialized inspector civil servant cards is allocated outside the administrative expense quota based on staffing levels.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Implementation Provisions

1. This Circular takes effect from January 10, 2013.

2. During the implementation process, if difficulties or obstacles arise, they should be reported to the Ministry of Information and Communications for consideration and resolution./.