Decree No. 49/2024/NĐ-CP on the operation of basic information services

 

DECREE

REGULATIONS ON THE ACTIVITIES OF BASIC INFORMATION

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

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Based on the Law on Publishing dated November 20, 2012;

Pursuant to the Press Law dated April 5, 2016;

Pursuant to the Advertising Law dated December 10, 2018;

Pursuant to the Law on Telecommunications dated November 24, 2023;

Pursuant to the Law on Information Technology dated June 29, 2006;

||| Pursuant to the Cybersecurity Law dated November 19, 2015;

||| Pursuant to the Cyber Security Law dated June 12, 2018;

Pursuant to the Law on Access to Information dated April 6, 2016;

Pursuant to the Law on Implementing Democracy at the Grassroots Level dated November 10, 2022;

At the proposal of the Minister of Information and Communications;

The Government issues this Decree on basic information activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates basic information activities; responsibilities for state management of basic information activities; rights and obligations of agencies, organizations, and individuals participating in basic information activities.

Article 2. Applicability

This Decree applies to ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, district People's Committees, commune People's Committees, agencies, organizations, and individuals participating in basic information activities.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Basic information is essential information transmitted directly to the public through various forms of information: commune radio stations; public bulletin boards; basic information newsletters; non-commercial materials serving basic information activities; direct propaganda by grassroots propagandists; internet portals or websites; social media, internet messaging applications; telecommunications messages.

2. Basic information activities involve providing essential information; receiving feedback and responding to information from competent authorities regarding citizens' reports through the forms of information specified in Clause 1 of this Article.

3. Internet messaging application refers to messaging services on internet platforms or software.

4. Telecommunications message refers to messaging services on terrestrial mobile communication networks (mobile information networks).

3. District-level basic information activities are carried out by district radio and television stations or specialized units responsible for basic information activities under the Cultural, Information, and Sports Centers, Communication and Culture Centers, or other centers at the district level, as provided for in Article 40 of this Decree.

4. The central source information system for basic information is a system providing source information for basic information activities; collecting, compiling, analyzing, managing data, and evaluating the effectiveness of basic information activities to serve national administrative management.

5. The provincial source information system for basic information is a system providing source information for basic information activities; collecting, compiling, analyzing, managing data, and evaluating the effectiveness of basic information activities to serve provincial administrative management.

Article 4. Principles of basic information activities

1. Timely, accurate, transparent, and appropriate to the level and needs of the people in each region, especially ethnic minority and mountainous areas, remote and border regions, islands.

2. Serving the guidance and management work of local party committees and governments.

3. Ensuring the dissemination of Party and State policies and provision of essential information to the people.

4. Citizens are guaranteed equal access to information without discrimination.

5. Respecting citizens' opinions; receiving feedback and responses from competent authorities regarding citizens' reports.

6. Adhering to legal provisions concerning national security, public order, social safety, protection of state secrets, and ensuring the legitimate rights and interests of agencies, organizations, and individuals.

Article 5. State policy on the development of grassroots information

1. The State ensures necessary resources for grassroots information activities.

2. Enhance and improve professional skills, propaganda techniques, technical equipment usage skills, digital transformation skills in grassroots information activities for individuals participating in such activities.

Article 6. Essential Information in Grassroots Information

1. Information about the Party's guidelines, policies, State laws, local party committees' and administrative regulations, significant events related to residents in the locality.

2. Information related to residents in the locality:

a) Information about economic, cultural, social welfare projects and programs in the locality;

b) Information related to politics, economy, culture, society, and scientific and technological knowledge serving the socio-economic development of the locality;

c) Information related to security, public order, social safety, and military work in the locality;

d) Information about disaster prevention and response, firefighting, emergency medical care, disease outbreaks, and disasters occurring in the locality or affecting it;

đ) Information about exemplary individuals and deeds, new factors, and advanced models in various fields;

e) Information about measures to combat illegal acts and negative phenomena in society;

g) Information about essential products and services serving production and daily life of residents in the locality.

3. Other information as prescribed by laws on access to information and laws on grassroots democracy implementation.

Chapter II

GRASSROOTS INFORMATION ACTIVITIES

Section 1

COMMUNITY RADIO STATION

Article 7. Responsibilities of the People's Committee at the Commune Level towards the Community Radio Station

1. The community radio station is a means of communication and propaganda established according to the administrative unit of commune, ward, town to implement information and propaganda work and serve the guidance and management tasks of the local party committee and administration, directly managed by the People's Committee at the commune level.

2. The People's Committee at the commune level has the responsibility:

a) To issue operational regulations for the community radio station suitable to the living characteristics of the local residents;

b) To allocate personnel to operate the community radio station who are civil servants in culture and social affairs or non-professional staff at the commune level; organize training and professional skill enhancement for propaganda, technical equipment usage skills for radio broadcasting personnel;

c) To allocate material infrastructure, technical equipment, and necessary conditions to meet the operation of the community radio station; regular maintenance funding for the community radio station; pay remuneration for communication products mentioned in Clause 1, Article 9 of this Decree according to the remuneration regulations issued by the Provincial People's Council.

Article 8. Content of Activities of the Community Radio Station

1. Provide and disseminate essential information to residents in Vietnamese and ethnic minority languages in the locality.

2. Announce the content of responses from agencies, organizations, and individuals with authority regarding residents' feedback, appropriate to the nature and requirements of the information broadcast on the community radio station.

Article 9. Methods and Principles of Operation of Commune Radio Stations

1. Producing and broadcasting radio programs produced by the radio station itself; broadcasting announcements from the Party committee and local authorities.

2. Broadcasting radio programs produced at the district level according to scheduled broadcast times or in emergency situations as decided by the People's Committee of the district.

3. Receiving and broadcasting radio programs transmitted from the central base information system and provincial base information system, as well as radio programs serving national and provincial political tasks, essential information, and propaganda as required by competent state management agencies.

4. Based on actual conditions, commune radio stations may relay and rebroadcast news programs and other radio programs from Vietnam Voice Radio, provincial radio and television stations to meet the essential information needs of the people.

5. Radio broadcasting activities shall be carried out in accordance with laws on radio transmission and broadcasting, and laws on telecommunications and information technology.

Article 10. Responsibilities of Personnel Operating Commune Radio Stations

1. Operating the radio station in accordance with the law and the operational regulations of the radio station issued by the People's Committee of the commune.

2. Writing, editing news articles, and providing essential information to the public accurately, promptly, clearly, and easily understood; mastering technical skills and procedures for operating the radio station's equipment.

3. Receiving feedback from the public, reporting to the Chairman of the People's Committee of the commune for resolution or transferring to competent authorities for resolution.

Section 2

PUBLIC INFORMATION BOARD

Article 11. Subjects Establishing and Managing Public Information Boards

1. Public information boards include electronic information boards and boards made of other materials fixed at a specific location.

2. The subjects establishing public information boards are Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations at the central, provincial, district, commune levels, and village-level associations.

3. Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations at the central, provincial, district, commune levels, and village-level associations that establish public information boards are responsible for managing, maintaining operations, and the content of information posted on the boards.

Article 12. Conditions for Establishing Public Information Boards

1. Establishing public information boards must comply with construction laws and protect historical and cultural relics, traffic safety corridors, dykes, national power grids; they must not obstruct traffic signal lights or public signboards; they must not affect architectural aesthetics and landscapes; and they must follow local planning.

2. Sound cannot be used to transmit information for outdoor public information boards.

Article 13. Activities of Public Information Boards

1. Providing and disseminating essential information to the public.

2. Depending on actual conditions, Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations at the central, provincial, district, commune levels, and village-level associations that establish public information boards may cooperate with businesses to invest in building public information boards; businesses can use up to 20% of the bottom area of the board for advertising their logos, trademarks, and product brands. Advertising on public information boards must comply with laws on advertising.

Article 14. Operation Method of Public Bulletin Boards

1. Public bulletin boards transmit information through writing and images.

2. Based on actual conditions, public electronic bulletin boards have the function of searching for essential information; connecting to the provincial basic information source system in accordance with the provisions of the law and the guidance of the Ministry of Information and Communications.

Section 3

BASIC INFORMATION BULLETIN

Article 15. Subjects Publishing Basic Information Bulletins

The subjects publishing basic information bulletins are Party agencies, state agencies, Vietnam Fatherland Front, and political-social organizations at central, provincial, district, and commune levels.

Article 16. Content and Form of Operation of Basic Information Bulletins

1. Basic information bulletins are published regularly to provide and disseminate essential information in Vietnamese, ethnic minority languages in localities, Braille for visually impaired people, suitable for residents in each region, area.

2. After obtaining publication permits, basic information bulletins may be published in print or electronic form on websites or other electronic information media.

Article 17. Responsibilities of Party Agencies, State Agencies, Vietnam Fatherland Front, and Political-Social Organizations at Central, Provincial, District, and Commune Levels Publishing Basic Information Bulletins

1. Implement regulations on publication and conditions for issuing publication permits for bulletins in accordance with the laws on press.

2. Bear responsibility for the content of basic information bulletins.

Section 4

NON-COMMERCIAL DOCUMENTS SERVING BASIC INFORMATION ACTIVITIES

Article 18. Subjects Publishing Non-Commercial Documents Serving Basic Information Activities

The subjects publishing non-commercial documents serving basic information activities are Party agencies, state agencies, Vietnam Fatherland Front, and political-social organizations at central, provincial, district, and commune levels.

Article 19. Content and Form of Non-Commercial Documents Serving Basic Information Activities

1. Non-commercial documents serving basic information activities provide and disseminate essential information in Vietnamese, ethnic minority languages in localities, Braille for visually impaired people for propaganda and mobilization to serve political tasks.

2. Non-commercial documents serving basic information activities are published in the following forms: printed books, Braille books, loose sheets, folded sheets, posters, photographs, audio and video recordings containing content replacing or illustrating books.

3. Non-commercial documents published in electronic form are posted and broadcast on public electronic bulletin boards, websites, social networks, Internet messaging applications, and other electronic information media in accordance with the laws on electronic information and related laws.

Article 20. Responsibilities of Party Agencies, State Agencies, Vietnam Fatherland Front, and Political-Social Organizations at Central, Provincial, District, and Commune Levels Publishing Non-Commercial Documents Serving Basic Information Activities

1. Implement the publication of non-commercial documents serving basic information activities in accordance with the laws on publication.

2. Bear responsibility for the content of non-commercial documents serving basic information activities.

Section 5

DIRECT PROPAGANDA THROUGH COMMUNITY PROPAGANDISTS

Article 21. Grassroots propagandists and responsibilities of grassroots propagandists

1. Grassroots propagandists recognized by the Chairman of the People's Committee at the commune level shall be those non-professional staff working in villages or residential wards, including the Secretary of the Party Branch, Village Head or Ward Chief, and the Head of the Mass Front Work Board.

2. Grassroots propagandists must meet the following basic requirements:

a) Possess solid political qualities and firm ideological stance; comply well with the Party's guidelines and policies, State policies and laws; have good moral character and lifestyle; have credibility in their work; not currently under disciplinary action from reprimand or higher according to the law;

b) Have the ability to convey information fully, accurately, and promptly to the people and to receive feedback from the people; be proficient in speaking Vietnamese or ethnic minority languages in the locality;

c) Be familiar with the local area; understand customs, living habits, educational levels, and information needs of the people in the locality.

3. Grassroots propagandists are responsible for:

a) Propaganda and mobilization of the people according to the assignment of the Chairman of the People's Committee at the commune level;

b) Conveying fully, accurately, and promptly the content of information and direct propaganda to the people;

c) Receiving feedback from the people, reporting to the Chairman of the People's Committee at the commune level for resolution or transferring to competent authorities for resolution.

Article 22. Content of activities of grassroots propagandists

1. Providing and disseminating essential information to the public.

2. Informing the content of responses from competent agencies, organizations, or individuals through propaganda and mobilization of the people.

Article 23. Methods and principles of operation of grassroots propagandists

1. Directly propagating and disseminating essential information and mobilizing the people to comply with the Party's guidelines and policies, State policies and laws, and regulations of local party committees and governments.

2. The form, scale, time, and location of propaganda and mobilization activities must ensure effectiveness and suitability with the characteristics of the people's life in the locality.

Article 24. Responsibilities of the Chairman of the People's Committee at the commune level

1. Selecting and recognizing grassroots propagandists who meet the basic requirements stipulated in Clause 2 of Article 21 of this Decree.

2. Providing propaganda materials and organizing training and professional development for the grassroots propagandist team.

3. Allocating funds to pay remuneration according to the stipend and honorarium regulations issued by the Provincial People's Council and other necessary conditions for grassroots propagandists to operate.

Chapter 6

PROPAGANDA ON THE

OR WEB PORTAL

Article 25. Subjects implementing propaganda of essential information on the portal or web page

The subjects implementing propaganda of essential information to the people on the portal or web page are Party agencies, state agencies, Vietnam Fatherland Front, and political-social organizations at the central, provincial, district, and commune levels.

Article 26. Content and forms of implementation of propaganda of essential information on the portal or web page

1. Providing and disseminating essential information to the public.

2. Informing the content of responses from competent agencies, organizations, or individuals regarding the feedback from the people.

3. Implementing propaganda through news articles, images, video clips, infographics, and other appropriate forms.

Article 27. Responsibilities of Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations at the central, provincial, district, and commune levels to carry out essential information dissemination activities on websites or online portals.

Clause 1. Managing and being responsible for the content of information on websites or online portals in accordance with the laws on providing information and online public services of state agencies in the digital environment.

Clause 2. Resolving or transferring to competent agencies, organizations, or individuals for resolution the information reflecting citizens' concerns on websites or online portals.

Section 7

SOCIAL MEDIA DISSEMINATION

AND INTERNET TEXT MESSAGING APPLICATIONS

Article 28. Subjects implementing essential information dissemination activities through social media and internet messaging applications

The subjects implementing essential information dissemination activities to citizens through social media and internet messaging applications are Party agencies, state agencies, the Vietnam Fatherland Front, political-social organizations at the central, provincial, district, and commune levels, and village and residential ward associations.

Article 29. Content of essential information dissemination through social media and internet messaging applications

1. Providing and disseminating essential information to the public.

2. Informing the content of responses from competent agencies, organizations, or individuals regarding the feedback from the people.

Point 3. Exchanging and sharing essential information in accordance with citizens' information reception requirements; appropriate to the functions, tasks, and authorities of Party agencies, state agencies, the Vietnam Fatherland Front, political-social organizations at the central, provincial, district, and commune levels, and village and residential ward associations, complying with the Code of Conduct on Social Media issued by competent state agencies.

Article 30. Responsibilities of Party agencies, state agencies, the Vietnam Fatherland Front, political-social organizations at the central, provincial, district, and commune levels, and village and residential ward associations in carrying out essential information dissemination activities through social media and internet messaging applications

Clause 1. Selecting suitable social media and internet messaging applications and being responsible for the content of information provided, disseminated, exchanged, and shared through these platforms in accordance with the laws on managing, providing, and using Internet services, information on social media, and telecommunications laws.

Clause 2. Establishing procedures for receiving reflected information and content of responses from competent agencies, organizations, or individuals regarding citizens' reflected information through social media and internet messaging applications.

Clause 3. Using real names of agencies, organizations, villages, and residential wards when providing information through social media and internet messaging applications.

Clause 4. Implementing measures to secure social media accounts and internet messaging application accounts and promptly reporting to competent state management agencies and service providers when accounts lose control, are impersonated, exploited, and used for unhealthy purposes, affecting national security, public order, and social safety, and impacting the legitimate rights and interests of agencies, organizations, and individuals.

Article 31. Responsibilities of citizens when reflecting information through social media and internet messaging applications

Clause 1. Using their real names and addresses when reflecting information through social media and internet messaging applications to ensure that responses from competent agencies, organizations, or individuals reach the correct information reflectors.

Clause 2. Being responsible for the content of reflected information through social media and internet messaging applications; reflected information must be true.

Clause 3. Fulfilling the obligations of users of services through social media and internet messaging applications in accordance with the law.

Section 8

DISSEMINATION THROUGH TELECOMMUNICATION TEXT MESSAGES

Article 32. Subjects Implementing Essential Information Dissemination Activities via SMS

The subjects implementing essential information dissemination activities to the public via SMS are Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations at the central level, and provincial People's Committees.

Article 33. Content and Methods for Implementing Essential Information Dissemination Activities via SMS

1. Providing and disseminating essential information to the public.

2. Information and propaganda on disaster prevention and control, search and rescue operations, and emergency situations shall be carried out in accordance with relevant laws.

3. Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations at the central level, and provincial People's Committees shall select telecommunications enterprises providing SMS services based on requirements for content and scope of dissemination to the public in accordance with the provisions of the Law on Bidding.

Article 34. Responsibilities of Party Agencies, State Agencies, the Vietnam Fatherland Front, and Political-Social Organizations at the Central Level, and Provincial People's Committees in Implementing Propaganda Activities via SMS

1. Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations at the central level, and provincial People's Committees shall decide and bear responsibility for the content of SMS; ensure that the content of SMS is consistent with the format of SMS; decide on the characteristics of the subscriber groups to which SMS will be sent.

2. The heads of Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations at the central level shall decide on the content and duration of SMS propaganda to subscribers within the national territory or specific regions in accordance with the functions, tasks, and authorities of the agencies and organizations at the central level.

3. The Chairperson of the provincial People's Committee shall decide on the content and duration of SMS propaganda to subscribers within the provincial administrative area.

Chapter III

ORGANIZATION AND IMPLEMENTATION

Article 35. Responsibilities of the Ministry of Information and Communications

1. To take the lead and coordinate with relevant ministries and sectors:

a) To build, issue, or submit to competent authorities for issuance guidelines for organizing the implementation of strategies, programs, plans for development, and regulatory documents on grassroots information;

b) To provide information to support grassroots information activities nationwide;

c) To disseminate and educate the law on grassroots information;

d) To organize research and application of science and technology in grassroots information; manage the central-level grassroots information source system;

e) To implement international cooperation in grassroots information.

2. To take the lead and coordinate with relevant ministries and sectors and provincial People's Committees:

a) To organize training and capacity building for personnel participating in grassroots information activities;

b) To implement reporting, statistics on grassroots information activities;

c) To organize commendation and reward activities; issue regulations and rules and organize contests, festivals, and awards in the field of grassroots information.

3. To inspect, supervise, handle complaints and denunciations, and deal with violations in grassroots information activities according to the ministry’s state management functions.

Article 36. Responsibilities of Ministries, ministerial-level agencies, government agencies, Party organizations, Vietnam Fatherland Front, and political-social organizations

1. Provide information within their areas of responsibility to serve grassroots information activities.

2. Manage the content of information on various types of grassroots information platforms established and used by ministries, sectors, agencies, and organizations.

Article 37. Responsibilities of Provincial People's Committees

1. Develop and implement programs and plans for grassroots information development in the locality in accordance with laws and guidelines from the Ministry of Information and Communications.

2. Guide and inspect the implementation of normative legal documents, policies, regulations, and rules concerning grassroots information activities; disseminate and educate the law on grassroots information in the locality.

3. Take the lead and coordinate with relevant agencies and organizations to provide provincial-level information to serve grassroots information activities in the locality.

4. Submit to the Provincial People's Council for promulgation specific regulations on remuneration and fees for communication products at the district and commune levels in accordance with the law and local financial resources.

5. Coordinate with the Ministry of Information and Communications and related agencies and organizations to organize research and application of science and technology in grassroots information; manage the provincial-level source information system and connect it to the central source information system according to the guidelines of the Ministry of Information and Communications.

6. Take the lead and coordinate with the Ministry of Information and Communications and related agencies and organizations to organize training and capacity building for personnel involved in grassroots information activities in the locality.

7. Implement information, reporting, and statistical systems for grassroots information activities in the locality in accordance with the law and guidelines from the Ministry of Information and Communications.

8. Take the lead and coordinate with the Ministry of Information and Communications and related agencies and organizations to organize work on commendation and awards; organize competitions, festivals, and prizes in the field of grassroots information in the locality.

9. Inspect, check, resolve complaints and denunciations, and handle violations in grassroots information activities according to the provincial-level People's Committee's state management functions.

Article 38. Responsibilities of District People's Committees

1. Implement strategies, programs, and plans for grassroots information development in the locality according to guidance from the provincial-level People's Committee.

2. Implement and inspect the execution of normative legal documents, policies, regulations, and rules concerning grassroots information activities; disseminate and educate the law on grassroots information in the locality.

3. Take the lead and coordinate with relevant agencies and organizations to provide district-level information to serve grassroots information activities in the locality.

4. Manage and organize activities of various types of grassroots information at the district level.

5. Implement information, reporting, and statistical systems for grassroots information activities in the locality in accordance with the law and guidance from the provincial-level People's Committee.

6. Organize work on commendation and awards; organize competitions, festivals, and prizes in the field of grassroots information in the locality.

7. Inspect, check, resolve complaints and denunciations, and handle violations in grassroots information activities according to the district-level People's Committee's state management functions.

Article 39. Responsibilities of the People's Committee at the commune level

1. Organize the implementation of strategies, programs, and plans for grassroots information development in the locality in accordance with the guidance of the People's Committee at the district level.

2. Implement and inspect the execution of normative legal documents, policies, regulations, and rules concerning grassroots information activities; disseminate and educate the law on grassroots information in the locality.

3. Take the lead and coordinate with relevant agencies and organizations to provide commune-level information to serve grassroots information activities in the locality.

4. Manage and organize the operation of various types of grassroots information; issue regulations on the operation of various types of grassroots information at the commune level.

5. Implement information reporting, statistics, and activity records of grassroots information in the locality in accordance with the law and the guidance of the People's Committee at the district level.

6. Receive, process information, and feedback from the people at the grassroots level.

Article 40. Grassroots Information Activities at the District Level

1. Produce radio programs in Vietnamese and ethnic minority languages in the locality to broadcast on commune-level radio stations.

2. Produce news articles, images, video clips, graphics, and other appropriate forms to provide essential information to the people through multiple media platforms in accordance with the law.

3. Collaborate and coordinate in producing news articles, images, video clips, radio programs, and television programs to be published and broadcast on provincial and central newspapers and radio stations in accordance with the law.

4. Operate the public bulletin board system at the district level in accordance with the law and the guidance of the People's Committee at the district level.

5. Implement the provision of information on the provincial grassroots information source system in accordance with the law and the guidance of the Ministry of Information and Communications.

6. Implement regular and ad hoc reporting systems as required by competent state management authorities.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 41. Transitional Provisions

The district-level Radio and Television Station, Cultural, Information, and Sports Center, Communication and Culture Center, or other similarly named centers shall continue to operate existing transmission and broadcasting systems to broadcast and relay radio programs; they shall not invest in or upgrade transmission and broadcasting systems; they must cease broadcasting and relaying radio programs before December 31, 2025.

Article 42. Effective Date

1. This Decree takes effect from July 1, 2024.

2. Decision No. 52/2016/QĐ-TTg dated December 6, 2016, issued by the Prime Minister regarding the regulations on grassroots information activities shall become invalid from the date this Decree takes effect.

Article 43. Responsibilities for Guidance and Implementation

1. The Minister of Information and Communications is responsible for guiding, organizing the implementation, and supervising the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree.