Decision No. 35/2011/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Telecommunications Agency under the Ministry of Information and Communications.

Pursuant to …;

||| Regulations on functions, tasks, powers, and organizational structure of

The Telecommunications Department under the Ministry of Information and Communications

___________________________

PRIME MINISTER

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

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to 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;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications, which has been amended and supplemented by Decree No. 50/2011/NĐ-CP dated June 24, 2011;

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

Considering the proposal of the Minister of Information and Communications,

DECISION:

Article 1. Position and Functions:

1. The Telecommunications Department is an agency under the Ministry of Information and Communications, performing the function of advising the Minister of Information and Communications on state management and organizing the implementation of state management over telecommunications nationwide.

2. The Telecommunications Department has legal personality, its own seal and separate bank account in accordance with the law, with its main office located in Hanoi City.

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 Telecommunications Department performs the following tasks and powers:

1. Taking the lead in drafting and submitting to the Minister of Information and Communications for approval, or for the Minister of Information and Communications to submit to competent authorities for issuance and approval, legal regulations, policies, strategies, programs, projects, plans concerning telecommunications, national telecommunication development planning, passive telecommunication infrastructure planning, telecommunication numbering planning according to the classification of the Minister of Information and Communications.

2. Guiding and organizing the implementation of legal regulations, policies, strategies, programs, projects, plans concerning telecommunications, national telecommunication development planning, passive telecommunication infrastructure planning, telecommunication numbering planning after they have been issued and approved by competent authorities.

3. Participating in developing technical standards and norms in the field of telecommunications, frequency planning, internet resource planning, and programs for providing public telecommunications services.

4. Submitting to the Minister of Information and Communications proposals to ensure safety and security for telecommunications infrastructure; measures to mobilize telecommunications equipment, networks, and services for urgent cases involving national security, natural disasters, and adversities in accordance with the law.

5. Taking the lead in reviewing and submitting to the Minister of Information and Communications for issuing, renewing, amending, supplementing, suspending, revoking licenses for laying submarine telecommunications cables; taking the lead in reviewing and submitting to the Minister of Information and Communications for issuing, renewing, amending, supplementing, suspending, revoking, or considering issuing, renewing, amending, supplementing, suspending, revoking the following telecommunications licenses:

a) License for establishing public telecommunications networks;

b) License for providing telecommunications services;

c) License for testing telecommunications networks and services;

d) License for establishing dedicated telecommunications networks.

6. Managing telecommunications numbering. Allocating, issuing, renewing, suspending, and revoking telecommunications numbers according to planning and regulations on telecommunications numbering management.

7. Issuing import licenses, temporary import re-export licenses for radio wave transmitting and receiving equipment; managing registration for production of radio wave transmitting and receiving equipment; issuing and revoking conformity certification and managing, inspecting, supervising the announcement of conformity, use of conformity marks for specialized products of the Ministry of Information and Communications; managing, inspecting, supervising the announcement of conformity for passive telecommunication infrastructure, network connection, telecommunications services; organizing the implementation of telecommunications equipment inspection and radio station inspection in accordance with the law.

8. Organizing the construction and management of specialized telecommunications measurement systems to serve telecommunications management work.

9. Taking the lead and coordinating in monitoring, directing the implementation of telecommunications licenses; implementing management and supervision of tariff deployment, promotions, interconnection, network and service quality, shared use of telecommunications infrastructure; shared use of cross-sectoral technical infrastructure; controlling and organizing the implementation of competition regulations, resolving disputes in the establishment of telecommunications networks and provision of telecommunications services; managing and regulating the telecommunications service market in accordance with the law.

10. Conducting statistics on telecommunications business activities and the telecommunications service market; compiling data, analyzing, and forecasting the telecommunications service market; organizing and managing the provision of specialized telecommunications public services in accordance with the law.

11. Taking the lead and coordinating in guiding and directing the assurance of infrastructure safety and information security in telecommunications activities; directing, guiding, inspecting the organization, management, operation of dedicated telecommunications networks, the fulfillment of communication needs for important political, economic, and social events, flood prevention, typhoon prevention, search and rescue operations, and the provision of public telecommunications services.

12. Serving as the permanent member of committees and steering groups related to telecommunications activities assigned by the Minister of Information and Communications.

13. International cooperation in telecommunications technology and business operations according to the classification of the Minister of Information and Communications.

14. Coordinating with relevant agencies and units in training and issuing certificates in telecommunications; nurturing and developing human resources; researching and applying science and technology in telecommunications activities.

15. Implementing specialized telecommunications inspections; inspecting compliance with telecommunications laws; handling complaints, reports, and violations in telecommunications activities in accordance with the law.

16. Collecting, managing, and using fees and charges related to telecommunications in accordance with the law.

17. Implementing financial mechanisms like self-financing units with consideration given to investment factors, regular expenses, labor, and salaries.

18. Managing the organization, civil servants, officials, and assets of the Department in accordance with the law and the classification of the Minister of Information and Communications.

19. Performing other tasks and powers assigned by the Minister of Information and Communications and stipulated by the law.

Article 3. Organizational Structure

1. Office.

2. Planning and Investment Division.

3. Finance and Accounting Department.

4. Organization and Cadre Division.

5. Mechanism Policy and Planning Division.

6. Licensing and Market Department.

7. Resources and Statistical Information Department.

8. Tariff and Promotion Department.

9. Quality Department.

10. Infrastructure and Connectivity Department.

11. Technical Service Center.

12. Measurement Center.

13. Network and Service Development Support Center.

14. Accreditation and Certification Center 1.

15. Accreditation and Certification Center 2.

16. Accreditation and Certification Center 3.

Units from Clause 1 to Clause 10 are organizations assisting the Director in performing state management functions; units from Clause 11 to Clause 16 are subordinate public service units under the Bureau.

The Minister of Information and Communications shall stipulate the functions, tasks, powers, and organizational structure of the subordinate public service units under the Bureau.

Article 4. Leadership of the Telecommunications Bureau

1. The Telecommunications Bureau has a Director and not more than three Deputy Directors.

2. The Director and Deputy Directors are appointed, relieved of duty, or dismissed by the Minister of Information and Communications in accordance with the provisions of the law.

3. The Director of the Telecommunications Bureau is the head of the Telecommunications Bureau, accountable to the Minister of Information and Communications and to the law for all activities of the Bureau. Deputy Directors are accountable to the Director and to the law for the tasks assigned to them.

4. The Director of the Telecommunications Bureau stipulates the functions, tasks, powers, and organizational structure of the Office and the Departments under the Bureau.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from August 15, 2011.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Information and Communications to guide the implementation of the financial mechanism of the Telecommunications Bureau as prescribed in Clause 17, Article 2 of this Decision.

3. The Minister, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decision./.