Decision No. 88/2008/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Radio Frequency Wavelength Management Agency under the Ministry of Information and Communications.

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of the Radio Frequency Management Department under the Ministry of Information and Communications

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PRIME MINISTER

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

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;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

Considering the proposal of the Minister of Information and Communications.

DECISION:

Article 1. Position and Functions

1. The Radio Frequency Management Department is an organization 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 specialized state management tasks concerning radio frequency spectrum across the country.

2. The Radio Frequency Management Department has legal personality, its own seal and separate bank account in accordance with the provisions of the law, with its headquarters located in Hanoi City and its units located in various localities.

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 Radio Frequency Management Department performs the following tasks and powers:

1. Taking the lead in drafting and submitting to the Minister of Information and Communications for promulgation within his/her authority or for submission by the Minister to the competent authority for promulgation, amendment, and supplementation of legal normative documents on radio frequencies and satellite orbits.

2. Drafting and submitting to the Minister of Information and Communications for submission to the Prime Minister for approval or promulgation decisions regarding: national radio frequency spectrum planning; allocation of frequency bands for defense and security purposes.

3. Submitting to the Minister of Information and Communications for approval or promulgation decisions regarding: frequency band planning, radio frequency channel planning, regulations on conditions for allocation, assignment, and use of radio frequencies and frequency bands.

4. Cooperating with relevant units under the Ministry of Information and Communications in drafting and submitting to the Minister of Information and Communications for promulgation technical standards and regulations on radio equipment, radio emissions, and electromagnetic compatibility in accordance with the provisions of the law.

5. Taking the lead and cooperating with relevant units under the Ministry of Information and Communications in drafting and submitting to the Minister of Information and Communications for promulgation regulations on technical conditions and operation of conditional-use radio equipment, regulations on frequencies and transmission power for radio equipment before allowing production or import for use in Vietnam.

6. Implementing legal documents on radio frequencies and satellite orbits; disseminating information, popularizing, and educating the public about laws on radio frequencies; providing guidance on business operations for Provincial Departments of Information and Communications in the field of frequency management and radio equipment according to the provisions of the Minister of Information and Communications.

7. Issuing, renewing, temporarily suspending, revoking, and managing various types of radio frequency licenses and satellite orbit usage permits in accordance with the provisions of the law.

8. International cooperation in technical and operational matters related to radio frequencies according to the delegation of the Minister of Information and Communications; registering radio frequencies and satellite orbits with the International Telecommunication Union (ITU); coordinating radio frequencies and satellite orbits with other countries, territories, and international organizations; handling and resolving interference complaints involving Vietnam's radio frequencies with other countries, territories, and international organizations; participating in international radio frequency control programs.

9. Monitoring the broadcasting of domestic radio stations and foreign stations broadcasting to Vietnam in accordance with Vietnamese laws and international treaties to which Vietnam is a party.

10. Inspecting radio equipment in accordance with license requirements and related technical standards; handling radio interference; inspecting and confirming electromagnetic compatibility for radio-emitting equipment in accordance with the provisions of the law.

11. Conducting inspections and checks on the implementation of legal provisions on radio frequencies and satellite orbits; resolving complaints and accusations and handling administrative violations in the field of radio frequencies and satellite orbits according to the provisions of the law.

12. Being the permanent body of the Radio Frequency Committee.

13. Collecting, managing, and using fees and charges related to radio frequencies in accordance with the provisions of the law.

14. Implementing a financial mechanism like a self-financing public service unit taking into account factors such as investment, regular expenses, labor, and salaries.

15. Organizing and managing the provision of specialized public services in the management of radio frequencies and satellite orbits in accordance with the provisions of the law.

16. Managing organizational structure, cadres, civil servants, officials, and assets of the Department in accordance with the law and the delegation of the Minister of Information and Communications.

17. Performing other tasks and powers assigned by the Minister of Information and Communications and as prescribed by law.

Article 3. Organizational Structure

1. Policy and Planning Division.

2. Assignment and Licensing Division.

3. International Cooperation and Coordination Division.

4. Frequency Control Division.

5. Inspectorate.

6. Planning and Investment Division.

7. Finance and Accounting Division.

8. Organization and Cadre Division.

9. Office.

10. Regional Radio Frequency Center I.

11. Regional Radio Frequency Center II.

12. Regional Radio Frequency Center III.

13. Regional Radio Frequency Center IV.

14. Regional Radio Frequency Center V.

15. Regional Radio Frequency Center VI.

16. Regional Radio Frequency Center VII.

17. Regional Radio Frequency Center VIII.

18. Technical Center.

The Minister of Information and Communications shall stipulate the functions, tasks, powers, and organizational structure of the Regional Radio Frequency Centers and the Technical Center.

Article 4. Leadership of the Department

1. The Radio Frequency Management Department shall have a Director and not more than three Deputy Directors.

2. The Director and Deputy Directors shall be 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 Radio Frequency Management Department shall be responsible to the Minister of Information and Communications and the law for all activities of the Department. Deputy Directors shall be responsible to the Director and the law for the areas of work they are assigned.

Article 5. Effectiveness and Responsibility for Implementation

This Decision shall take effect fifteen days from the date of publication in the Official Gazette. Previous provisions contrary to this Decision are hereby abolished.

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 Radio Frequency Management Agency as stipulated in Clause 14, Article 2 of this Decision.

3. The ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial and centrally-administered city People's Committees, and the Director of the Radio Frequency Management Agency are responsible for enforcing this Decision./.