Decree No. 48/2022/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 Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, duties, powers and organizational structure of ministries and ministerial-level agencies; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, duties, 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 an agency of the Government, performing the function of state management over press; publishing, printing, distribution; broadcasting and television; electronic information; news agencies; foreign information; grassroots information; postal services; telecommunications; radio frequency spectrum; information technology industry; information technology application; cyber security; electronic transactions; national digital transformation; and state management of public services in sectors and fields under its 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. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, duties, powers and organizational structure of ministries and ministerial-level agencies, Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain articles of Decree No. 123/2016/NĐ-CP, and the following specific tasks and 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 of the Government and resolutions, projects, programs assigned by the Government, Prime Minister.

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

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

4. Direct, guide, inspect, and be responsible for organizing the implementation of approved regulatory legal documents, strategies, plans, programs, projects; provide information, propaganda, dissemination, and education on laws related to the sector and field under the Ministry's jurisdiction.

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

a) Guide, direct, organize the development and management of press, representative offices, permanent bureaus abroad of Vietnamese press agencies according to the planning for developing the network of press, broadcasting, television, electronic information, and publication bases 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) Issue regulations on organizing press contests, seminars, and press meetings;

d) Inspect press censorship; manage the national press censorship system; implement electronic press censorship for radio, television, and online newspapers as prescribed by law; guide and inspect the organization and implementation of press statements and information provision by administrative state agencies as prescribed by law;

đ) Issue, amend, supplement, temporarily suspend, suspend, revoke various types of licenses in the field of press, broadcasting, and television; issue, revoke journalist cards; approve press conferences as prescribed by law on press;

e) Guide the operation of press and journalists nationwide, 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;

g) Provide opinions on the appointment of heads of press agencies as prescribed by law on press;

h) Manage the content, quality, and price of broadcasting and television services as prescribed by law.

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

a) Guide, direct, organize the implementation of the network of publishing, printing, and distribution bases for publications according to the planning for developing the network of press, broadcasting, television, electronic information, and publication bases 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 publishing by publishers, registration for operating printing facilities, registration for printing products that do not require licensing, registration for operating publication distribution, registration for operating electronic publishing and distribution of electronic publications as prescribed by law;

d) Organize the examination of publications as prescribed by law; organize the inspection of publication censorship and manage publication censorship; organize the ordering and delivery of publications to areas with particularly difficult economic and social conditions, remote areas, mountainous regions, border areas, and islands; organize national book fairs and manage the distribution of publications abroad as prescribed by law;

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, coordinate with relevant agencies to guide and direct the implementation of foreign information strategies, plans, programs, and projects;

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

c) Take the lead and coordinate in inspecting and evaluating the effectiveness of foreign information work of ministries, ministerial-level agencies, government agencies, provincial people's committees under central city administrations, 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. On advertising

a) Implement tasks related to advertising management in the press, online environment, publications, and integrated advertising on postal, telecommunications, and information technology products and services in accordance with the provisions of the law;

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

c) Receive notifications of cross-border advertising service provision activities in Vietnam; receive and process notifications of cross-border advertising violations and implement measures to prevent them in accordance with the law;

9. On electronic information

a) Manage online gaming services, information content, and applications providing information online in accordance with the provisions of the law;

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. On grassroots information and county-level radio and television operations

a) Guide, direct, and organize the implementation of strategies, planning, and plans for grassroots information and county-level radio and television operations;

b) Develop informational propaganda content at the grassroots level within the functions and responsibilities of the ministry and guide the organization and implementation thereof;

c) Guide the establishment and operation of grassroots information systems and county-level radio and television operations;

d) Organize the provision of information and manage the content of grassroots information systems and county-level radio and television operations nationwide;

11. On postal services

a) Guide, organize, and inspect the implementation of postal policies, strategies, planning, projects, proposals, programs; organize inspections of the list, support mechanisms, and public postal service provision activities in accordance with the law;

b) Define and manage postal service rates and quality, exclusive postal services, postal services for Party and State agencies, and other postal services in accordance with 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. On telecommunications

a) Guide, direct, and organize the implementation of telecommunications development planning, programs, mechanisms, and policies; manage the telecommunications market; promulgate and define lists, scopes, targets, rates for public telecommunications services, and support mechanisms for enterprises to invest in telecommunications infrastructure and provide public telecommunications services in accordance with the law; organize the implementation of public telecommunications service programs assigned by the State;

b) Lead in building and implementing regulations on competition in the telecommunications and Internet sectors; protect the rights of telecommunications, telecommunications application, and Internet service users in accordance with 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 and reclaim telecommunications number pools and domain names, Internet addresses; build, submit to competent authorities for promulgation and implementation of regulations on auctioning and 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, and regulations and organize the implementation of price control and promotions in the telecommunications and Internet sectors in accordance with the law; monitor and suspend the application of telecommunications rates when telecommunications enterprises impose predatory pricing that destabilizes the telecommunications market, causing damage to the legitimate rights and interests of telecommunications service users, other telecommunications enterprises, and the State. Direct and guide the implementation of reporting, accounting, and auditing systems to serve 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 development and implementation of plans and schemes for telecommunications network expansion and digital infrastructure development; direct, guide, and inspect shared infrastructure use and sharing in telecommunications and digital infrastructure;

i) Take the lead in ensuring infrastructure security, coordinate with the Ministry of Public Security to ensure information security in telecommunications activities in accordance with the law;

k) Manage the quality of telecommunications and Internet; establish, manage, and operate specialized testing and calibration laboratories for telecommunications and Internet in accordance with the law;

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. On radio frequency spectrum

a) Guide and organize the implementation of national radio frequency spectrum planning; transmission and broadcasting activities according to the infrastructure information and communication plan 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 for operating radio equipment exempted from licensing, set technical conditions (frequency, transmission power) for radio equipment before production or import for use in Vietnam;

e) Specify regulations on radio operator training; radio operator certificates; target groups, 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 industry

a) Guide, direct, and organize the implementation of strategies, plans, policies, programs, projects, and proposals for developing the information technology industry and digital technology industry;

b) Propose competent authorities to issue or issue within their authority policies, incentives, and priorities for investment in developing the information technology industry and digital technology industry; publish lists and develop programs for developing key information technology products;

c) Review programs, plans, and projects for developing the information technology industry and digital technology industry, trade promotion and investment attraction activities in the information technology industry, and product development projects funded by science and technology from ministries, sectors, and localities;

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

đ) Issue, renew, temporarily suspend, terminate, and revoke permits, certificates, and certifications for the information technology industry and digital technology industry, human resources in information technology; issue and recognize information technology skill standards;

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

g) Implement quality management for products and services in the information technology industry and digital technology industry according to the provisions of the law;

15. Regarding national digital transformation

a) Perform the permanent tasks of the National Committee for Digital Transformation; act as the focal point for consolidating, advising on inter-ministerial coordination activities between ministries, sectors, and localities to implement policies, strategies, mechanisms, and laws creating a legal environment, promoting the application of information technology and national digital transformation, developing electronic government, digital government, digital economy, digital society, and smart cities;

b) Guide and organize the implementation of mechanisms, policies, strategies, plans, programs, and national projects on applying information technology in state agencies, building an electronic government, and a digital government; guide, review, inspect, and evaluate the construction and implementation of information technology application programs, plans, projects, and proposals for building an electronic government and a digital government by ministries, sectors, and localities according to their authority; assess and certify the quality of information technology application products and solutions;

Develop, maintain, update, and implement the Vietnamese Electronic Government Architecture Framework, the ICT Reference Framework for Smart City Development; guide, supervise, and support data governance activities, sharing, and exploitation of data in state agencies; build and operate system testing laboratories; build, manage, and operate the national data integration and sharing platform, the National Data Portal, the monitoring and measurement platform for the provision and use of digital government services, the government cloud computing platform, and other digital platforms serving the construction of an electronic government and a digital government according to their authority;

c) Guide and organize the implementation of mechanisms, policies, laws, strategies, plans, programs, and national projects on the digital economy, promoting the application of information technology, and business digital transformation according to the provisions of the law;

d) Guide and organize the implementation of mechanisms, policies, strategies, laws, plans, programs, and national projects on the digital society, promoting the application of information technology, and activities adhering to online behavior rules in society and communities;

16. Regarding cybersecurity

Manage cybersecurity; ensure cybersecurity for information systems, information technology application and development activities; prevent spam; ensure personal cybersecurity on the internet; protect children in cyberspace; organize the implementation of management and coordination functions for cyber incident response activities nationwide; chair and coordinate emergency cybersecurity assurance activities at the national level according to the provisions of the law;

Manage activities related to the production and sale of cybersecurity products and services; manage activities related to cybersecurity certification, inspection, and evaluation; issue, renew, amend, supplement, temporarily suspend, terminate, and revoke business licenses for cybersecurity products and services (excluding civil cryptography products and services; cybersecurity products and services) according to the provisions of the law;

Manage the quality of cybersecurity products and services (excluding civil cryptography products and services; cybersecurity products and services) according to the provisions of the law;

d) Establish and organize the operation of information security systems, centralized technical infrastructure systems at the national scale to handle, reduce cyber attacks, support information security monitoring for online public service systems, develop the e-Government; review information security in system design documents, information system security levels; manage information security monitoring work in accordance with the provisions of the law;

đ) Coordinate with the Ministry of Public Security to ensure security and safety of key projects related to national security in the field of information technology;

17. Regarding electronic transactions

a) Guide, direct, and organize the implementation of strategies, plans, and policies for the development and application of electronic transactions within the scope of authority;

b) Submit to competent authorities for issuance and recognition, or issue and recognize according to the scope of authority, standards in electronic transactions;

c) Manage organizations providing services related to electronic transactions under the management of the ministry in accordance with the provisions of the law;

d) Manage the development of technological infrastructure for electronic transaction activities in accordance with the provisions of the law;

đ) Specify regulations on digital signatures and digital signature certification services within the scope of authority; take the lead and coordinate with the Ministry of Public Security and the Government Cryptographic Agency in managing organizations providing digital signature certification services; organize the provision of national digital signature certification services in accordance with the provisions of the law;

18. Build, manage, operate, and exploit dedicated postal and telecommunications networks, specialized data transmission networks serving the leadership and management of Party and State agencies;

19. Coordinate in organizing the implementation of legal provisions on intellectual property rights for encrypted press products, radio and television programs, publications, postal stamps, information and communication technology products and services, industrial property objects belonging to industries and fields managed by the ministry in accordance with the provisions of the law; coordinate in directing enterprises providing intermediary services to implement legal provisions on intellectual property rights;

20. Organize awards and carry out commendation and reward work in accordance with the provisions of the law;

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

22. Issue and organize the implementation of national technical standards, propose the publication of national standards in industries and fields under the management of the ministry; sign and implement mutual recognition agreements on conformity assessment results with other countries and regions; guide the implementation of conformity assessment activities in fields under the management of the ministry in accordance with the provisions of the law; perform the functions and tasks of the Technical Barriers to Trade Notification and Inquiry Agency of the Ministry;

23. Manage exports and imports of products and goods in industries and fields under the management of the ministry in accordance with the provisions of the law;

24. Decide on measures to mobilize networks and services, means, and equipment for information and communication to serve urgent situations regarding national security, natural disasters, and enemy threats according to the division of labor by the Government and the Prime Minister;

25. Manage and implement programs, projects, and investment plans in industries and fields under the management of the ministry in accordance with the provisions of the law; organize the collection and exploitation of information for state management and specialized statistical work in accordance with the provisions of the law;

26. Manage finance, assets, and organize the implementation of the budget assigned in accordance with the provisions of the law;

27. Implement international cooperation in fields under the management of the ministry in accordance with the provisions of the law;

28. Organize the construction and implementation of scientific research plans, the application of scientific and technological progress, the development of high-tech products, technological innovation, and environmental protection in industries and fields under the management of the ministry;

29. Regarding public service activities

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) Issue or amend and supplement economic and technical norms, cost standards (if any) as the basis for issuing unit prices, public service fees funded by the state budget to serve the assignment of tasks, ordering or tendering for public service supply in accordance with the provisions of the law;

c) Issue quality criteria and standards for public services funded by the state budget; supervision, evaluation, inspection mechanisms, and acceptance regulations for public services funded by the state budget; effectiveness of public service units' operations in accordance with the provisions of the law;

d) Perform state management tasks on public service fee prices in accordance with the provisions of the law on prices;

đ) Guide organizations implementing public services in accordance with the provisions of the law;

30. Regarding 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 field of information and communications; coordinate with relevant agencies and organizations to direct, guide, and inspect the implementation organization;

b) Approve or submit to competent authorities for approval comprehensive restructuring plans, reorganization and development plans for state-owned enterprises operating in the field of information and communications under the management and direction of the Ministry of Information and Communications, and organize their implementation according to the division of responsibilities;

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;

31. Carry out tasks and powers over associations and non-governmental organizations under the state management of the ministry in accordance with the provisions of the law;

32. Conduct inspections, audits, citizen reception, complaints and denunciations handling, anti-corruption, and punishment of violations of the law in accordance with the ministry's state management functions.

33. Deciding and organizing the implementation of administrative reform plans and administrative procedure reform within the sector and field according to the State administrative reform program and plan of the Government and the Prime Minister; proposing or deciding within their authority on the implementation of decentralization in state management of the sector and field.

34. Training and developing human resources in the fields under the Ministry's management; implementing forecasts of demand and orientation for the development of human resources in information and communication.

35. Managing organizational structure, staffing, cadres, civil servants, public officials; implementing salary systems and other systems for cadres, civil servants, public officials, and workers under the Ministry's management as prescribed by law.

36. Performing other tasks and exercising other powers as prescribed by law.

Article 3. Organizational structure of the Ministry

1. Postal Affairs Department.

2. Department of Science and Technology.

3. Planning and Finance Department;

4. Department of Digital Economy and Digital Society.

5. International Cooperation Department;

6. Legal Affairs Department.

7. Cadre and Civil Servant Organization Department.

8. Inspectorate of the Ministry.

9. Office of the Ministry;

10. Press Agency.

11. Radio, Television and Electronic Information Agency.

12. Publishing, Printing and Distribution Agency.

13. Basic Information Agency.

14. Foreign Information Agency.

15. Telecommunications Agency.

16. Radio Frequency Management Agency.

17. National Digital Transformation Agency.

18. Information Security Agency.

19. Information and Communications Technology Industry Agency.

20. Central Post Office.

21. Institute of Information and Communication Strategy.

22. Information Center.

23. VietNamNet Newspaper.

24. Information and Communication Magazine.

25. Posts and Telecommunications Academy.

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

Units specified from Clause 1 to Clause 20 of this Article are organizations assisting the Minister in performing state management functions; units specified from Clause 21 to Clause 26 of this Article are public service units directly under the Ministry. The Minister of Information and Communications shall stipulate the functions, tasks, powers, and organizational structures of subordinate units in accordance with the provisions of the law.

Article 4. Effective date

1. This Decree takes effect from July 26, 2022.

2. This Decree replaces Decree No. 17/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications.

Article 5. Responsibilities for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.