Decree No. 75/2003/ND-CP On the organization and operation of Postal, Telecommunications, and Information Technology Inspection

DECREE

On the organization and operation of Postal Inspection,

Telecommunications and Information Technology

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THE GOVERNMENT

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

Pursuant to the Inspection Law dated March 29, 1990;

Pursuant to the Posts and Telecommunications Ordinance dated May 25, 2002;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

On the basis of Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

At the proposal of the Minister of Posts and Telecommunications,

DECREE:

Chapter 1

GENERAL PROVISIONS

Article 1. Position and functions of Postal, Telecommunications, and Information Technology Inspection

Postal, Telecommunications, and Information Technology Inspection is organized into a system under the machinery of the Ministry of Posts and Telecommunications, with the function of state inspection and specialized inspection regarding postal services, telecommunications, information technology, electronics, Internet, signal transmission, radio frequency, national information infrastructure, and other areas within the scope of state management under the authority of the Ministry of Posts and Telecommunications (hereinafter referred to collectively as postal services, telecommunications, and information technology).

Article 2. Objects of Postal, Telecommunications, and Information Technology Inspection

1. Agencies, units, and individuals under the management of the Ministry of Posts and Telecommunications.

2. Organizations and individuals from Vietnam; organizations and individuals from foreign countries operating in Vietnam in the fields of postal services, telecommunications, and information technology.

Article 3. Content of Postal, Telecommunications, and Information Technology Inspection activities

1. Develop the annual inspection program for postal services, telecommunications, and information technology, submit it to the head of the same-level agency for approval, and implement it after approval.

2. Take the lead or coordinate with competent state agencies to detect, prevent, and promptly address violations of laws in the fields of postal services, telecommunications, and information technology.

3. Assist the head of the same-level agency in resolving complaints and reports according to the provisions of the law.

4. During the inspection process, if discovering normative legal documents issued by Ministries, ministerial-level agencies, People's Councils, provincial People's Committees under the central government containing provisions contrary to normative legal documents concerning the sectors and fields managed by the Ministry of Posts and Telecommunications, report and propose the Minister of Posts and Telecommunications to handle according to the provisions of the law.

Chapter 2

ORGANIZATIONAL SYSTEM AND DUTIES, POWERS OF POSTAL, TELECOMMUNICATIONS, AND INFORMATION TECHNOLOGY INSPECTION

Article 4. Organizational System

1. The organizational system of Postal, Telecommunications, and Information Technology Inspection includes:

a) Postal, Telecommunications, and Information Technology Inspection of the Ministry of Posts and Telecommunications is an agency directly under the Ministry of Posts and Telecommunications, assisting the Minister of Posts and Telecommunications in performing state inspection and specialized inspection functions in the field of postal services, telecommunications, and information technology nationwide; directing all activities of the Postal, Telecommunications, and Information Technology Inspection system;

b) Postal, Telecommunications, and Information Technology Regional Bureau Inspection is an agency directly under the Postal, Telecommunications, and Information Technology Regional Bureau, assisting the Director in performing state inspection and specialized inspection functions within the provinces and centrally-administered cities under the bureau's jurisdiction;

c) Radio Frequency Management Bureau Inspection is an agency directly under the Radio Frequency Management Bureau, assisting the Director in performing state inspection and specialized inspection functions in the field of frequencies, radio wave transmitting equipment, and electromagnetic compatibility within the bureau's jurisdiction;

d) Postal, Telecommunications, and Information Technology Quality Management Bureau Inspection is an agency directly under the Postal, Telecommunications, and Information Technology Quality Management Bureau, assisting the Director in performing state inspection and specialized inspection functions regarding quality standards: products, works, networks, postal services, telecommunications services, and information technology services within the bureau's jurisdiction.

2. Inspection organizations within the Postal, Telecommunications, and Information Technology Inspection system have separate seals and accounts according to their names as stipulated in Clause 1 of this Article; they have Chief Inspectors, Deputy Chief Inspectors, and Inspectors appointed according to the law.

Article 5. Duties and powers of Postal, Telecommunications, and Information Technology Inspection

1. Inspect the enforcement of laws by state agencies, economic and social organizations, and citizens involved in activities related to postal services, telecommunications, and information technology.

2. Handle or recommend measures to prevent, stop, and promptly terminate acts violating laws on postal services, telecommunications, and information technology.

3. The Ministry's Inspection and Inspections of the Ministry's Bureaus shall impose administrative penalties for violations of laws on postal services, telecommunications, and information technology according to the law.

4. Implement citizen reception work and resolve complaints, denunciations, anti-corruption, thrift; inspect, verify, conclude, and recommend to competent authorities the resolution of complaints and denunciations in the field of state management of the Ministry according to the law.

5. Monitor, guide, and inspect the heads of agencies and units under the management of the same-level agency head in implementing legal regulations on inspection, inspection programs, plans, and inspection business in the fields of postal services, telecommunications, and information technology.

6. Provide professional training on specialized inspection in postal services, telecommunications, and information technology for Inspectors, inspection collaborators, heads of agencies and units under the management of the same-level agency head.

7. During the inspection process, Postal, Telecommunications, and Information Technology Inspection may apply the rights prescribed in Article 9 of the Inspection Law and other provisions of the law on inspection.

8. Perform other tasks assigned by the head of the same-level agency.

Article 6. Working Relations of Postal, Telecommunications, and Information Technology Inspection

1. Inspection organizations within the Postal, Telecommunications, and Information Technology Inspection system operate under the direct leadership of the head of the same-level agency and guidance on work and business by higher-level Inspection organizations.

2. The Postal, Telecommunications, and Information Technology Inspectorate shall coordinate with the Inspectors of other Ministries and sectors in directing inspection work and business related to postal, telecommunications, and information technology issues; and with public security agencies, People's Procuracy, People's Courts, and other relevant agencies in preventing, stopping, and combating violations of the law.

Chapter 3

IMPLEMENTING PROVISIONS

, Clause 1, Clause 2 Article 7a of this Regulation.

The specific tasks, powers, organizational structure, and working relationships of the inspection organizations under the Postal, Telecommunications, and Information Technology Inspectorate system shall be stipulated by the Minister of Posts and Telecommunications.

Article 8.

This Decree takes effect fifteen days after its publication in the Official Gazette.

Abolish Decision No. 176/2001/QĐ-TTg dated November 9, 2001 of the Government Chairman on the organization of the State Postal Inspection and other provisions contrary to this Decree.

Article 9.

The Minister of Posts and Telecommunications shall provide guidance for the implementation of this Decree.

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