Laws of Vietnam

THE GOVERNMENT

DECREES:

Article 1.- Position and functions

The Ministry of Information and Communication is a governmental agency, performing the function of state management of the press; publication; post and delivery; telecommunications and Internet; wave transmission; radio frequencies; information and electronic technologies; radio and television broadcasting and national information and communication infrastructures; and state management of public services in the branches or domains falling within the scope of its state management.

Article 2.- Tasks and powers

The Ministry of Information and Communication performs the tasks and powers specified in the Government's Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government bills, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the National Assembly Standing Committee; draft resolutions and decrees of the Government under its approved annual legislative programs or plans and projects or schemes assigned by the Government or the Prime Minister.

2. To submit to the Prime Minister long-term, five-year and annual development strategies, planning and plans; national target programs, action programs and important national projects or works belonging to branches or domains; draft decisions and directives of the Prime Minister.

3. To promulgate directives, decisions and circulars within the scope of its state management.

4. To direct, guide, inspect and organize the implementation of legal documents, approved strategies, planning and plans falling within the scope of its state management; to inform, propagate, disseminate and educate law on branches and domains under its state management.

5. With regard to the press:

a/ To guide, direct and organize the implementation of the plannings on press networks nationwide and foreign-based representative offices of Vietnamese press agencies, which have been approved by the Prime Minister;

b/ To manage various types of press nationwide, including printed press, audio press, visual press, electronic press, news and website information;

c/ To assume prime responsibility for holding press briefings and managing press information according to legal provisions on press;

d/ To observe the regulations on speakers supplying information to the press under the Prime Minister's decentralization and authorization;

e/ To promulgate the regulations on organization of press contests;

f/ To provide for the deposit of newspapers and manage the national newspaper depository;

g/ To grant, extend, suspend, cancel and withdraw permits for press activities; permits for publication of special issues, additional issues, supplements, special programs, additional programs; press cards; to grant permits for distribution of overseas-published newspapers in Vietnam;

h/ To provide for activities of the press and journalists nationwide, to coordinate with concerned agencies in managing Vietnamese press's activities related to foreign countries and press activities of foreigners and foreign organizations in Vietnam;

i/ To reach agreement on the appointment, relief from duty of editors in chief, deputy-editors in chief, directors general, deputy-directors general, directors, deputy-directors of press agencies;

j/ To prescribe the standards, qualifications and professional operations of the heads of press agencies.

6. With regard to publication (including publishing, printing and distribution of publications):

a/ To guide, direct and organize the implementation of the planning on networks of publishing, printing and distribution of publications; policies on publishing activities already approved by the Prime Minister;

b/ To specify the establishment and business conditions on publishing, printing, distribution of publications in accordance with law;

c/ To grant, extend, suspend, cancel and withdraw permits for establishment of publishing houses, permits for opening of representative offices of foreign publishing houses in Vietnam; permits for opening of representative offices of foreign organizations in Vietnam in the field of distribution of publications in accordance with law;

d/ To grant, extend, suspend, cancel and withdraw permits for publishing non-commercial documents; permits for activities of printing products requiring permits; permits for printing of publications on order placed by foreign countries; permits for import of printing equipment; permits for publication import business activities; permits for exhibitions, and trade fairs on publications in accordance with law; to manage the publicization and dissemination of works to foreign countries according to its competence;

e/ To receive and manage the registration of publishing plans of publishing houses, registration of lists of imported publications of publication import business establishments;

f/ To manage the deposit of publications and organize the reading of deposited publications;

g/ To decide on the termination, recovery, confiscation, circulation ban and destruction of illegal publications;

h/ To reach agreement on the appointment and relief from duty of directors and editors in chief of publishing houses;

i/ To prescribe standards, qualifications and professional operations of the heads of publishing agencies.

7. With regard to advertisement on press, websites and publications:

a/ To grant, amend, supplement or recover permits for advertisement on the press (including printed press, visual press, audio press and electronic press), on websites and publications;

b/ To guide the advertisement on the press, websites and publications;

c/ To inspect, examine, and handle violations by agencies, organizations or individuals conducting activities of advertisement on the press, websites and publications.

8. With regard to post and delivery:

a/ To guide, direct and organize the implementation of post and delivery development strategies and plans; lists of public services in the post and delivery domain and mechanisms in support of enterprises to provide public services and other public obligations in the post and delivery domain, which have been approved by the Prime Minister;

b/ To promulgate according to its competence public service charge rates, scope of exclusive services in the post and delivery domain; to decide on technical standards on service quality; to prescribe the national post numbering set;

c/ To grant, extend, suspend, cancel and withdraw assorted permits for post and delivery activities; to examine service quality;

d/ To provide for and manage post and delivery safety and security; competition and dispute settlement in the post and delivery domain;

e/ To prescribe and manage postage stamps;

f/ To assume prime responsibility for placing orders to enterprises on the provision of public services in the post and delivery domain; to inspect and supervise the provision of public services and make annual settlements.

9. With regard to telecommunications and Internet:

a/ To guide, direct and organize the implementation of the national planning on telecommunications and Internet development; important mechanisms and policies for telecommunications and Internet development in each period; mechanisms for management of telecommunications and internet charge rates; to prescribe conditions for investment in the telecommunications domain; to provide for the re-sale of telecommunications services; programs on provision of public telecommunications services already approved by the Prime Minister;

b/ To promulgate according to its competence plannings and regulations on management of the number budget and Internet resources; regulations on telecommunications service charge rates, and decisions on allocation and recovery of numbers and Internet resources;

c/ To grant, extend, suspend, cancel or withdraw assorted telecommunications permits according to regulations;

d/ To manage the number budget and Internet resources;

e/ To manage telecommunications and Internet service quality and charge rates;

f/ To manage the inter-connection of telecommunications networks;

g/ To provide for and manage the competition and dispute settlement in the telecommunications and Internet domain;

h/ To manage the certification of standard conformity for telecommunications equipment and telecommunications works;

i/ To manage the provision of public telecommunications services;

j/ To operate and exploit with security and safety the system of national domain name servers.

10. With regard to wave transmission and radio frequencies:

a/ To guide, direct and organize the implementation of the wave transmission planning; the national radio frequency spectrum planning, which have been already approved by the Prime Minister;

b/ To perform the tasks of the Chairman of the Radio Frequency Committee; to assume prime responsibility for, and coordinate with the Defense Ministry and the Public Security Ministry in, the division of frequency bands for defense and security purposes and submit it to the Prime Minister for approval;

c/ To promulgate the frequency band planning and channel planning; to prescribe conditions for allocation, setting and use of radio frequencies and radio wave bands;

d/ To promulgate standards on transmission equipment; radio equipment, standards on radio radiation and magnetic compatibility;

e/ To prescribe technical conditions and conditions for exploitation of assorted radio equipment for conditional use, to prescribe technical conditions (frequencies, transmission capacity) for radio equipment before producing or importing them for use in Vietnam;

f/ To provide for the training and granting of certificates of radio operators;

g/ To grant, extend, suspend, cancel or withdraw assorted transmission and radio frequency permits;

h/ To inspect and control radio frequencies and equipment, to handle harmful interferences; to manage magnetic compatibility of radio equipment and radio equipment systems;

i/ To register international frequencies, to conduct international coordination in radio frequencies and satellite orbits.

11. With regard to information and electronic technologies:

a/ To guide, direct and organize the implementation of programs, schemes and projects on information and electronic technologies; mechanisms and policies in support of development of software, hardware, electronic and content industries; the list and regulations on exploitation of national databases; regulations on management of investment in the application of information technology with the use of state capital, which have been already approved by the Prime Minister;

b/ To promulgate according to its competence management mechanisms and policies and regulations on information and electronic technology-related products and services;

c/ To uniformly manage programs on application and development of information and electronic technology; the electronic government conformity frame and standard architecture of national information systems; to manage information safety and security in the application of information technology in accordance with law;

d/ To grant, extend, suspend, cancel or withdraw assorted permits, certifications and certificates related to information technology;

e/ To organize the management and use of information resources; to perform the function of organizing the provision of services on authentication of national digital signatures in accordance with law;

f/ To perform the function of managing and coordinating activities of coping with computer incidents nationwide.

12. With regard to radio and television:

a/ To guide, direct and organize the implementation of the national planning on radio and television development, already approved by the Prime Minister;

b/ To promulgate according to its competence regulations on implementation of the planning already approved by the Prime Minister; to prescribe national technical standards and norms on technology and technique; to manage relevant service charge rates;

c/ To grant, extend, suspend, cancel or withdraw assorted radio and television permits.

13. With regard to national information and communication infrastructures:

a/ To guide, direct and organize the implementation of legal provisions on protection of safety and security for information and communication infrastructures, already approved by the Prime Minister;

b/ To promulgate according to its competence measures to ensure safety and security for information and communication infrastructures in a convergence environment; mechanisms and policies on the common use of information and communications infrastructures.

14. To direct and organize the awarding of prizes and honorable titles in the information and communication domain after they are decided by the Prime Minister; to decide according to its competence prizes and honorable titles in the information and communication domain.

15. To grant permits to foreign organizations and individuals conducting information activities in Vietnam in accordance with law.

16. To assume prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the concerned ministries and branches in, performing the state management of foreign-service information.

17. To decide on and organize the application of measures to prevent illegal information and communication activities.

18. To promulgate legal documents, to formulate and apply quality standards, regulations on the application of standards and quality, to promulgate national technical standards in branches or domains falling within its management scope.

19. With regard to authors' right, copyright and intellectual property:

a/ To direct and organize the implementation of legal provisions on authors' rights to press works, publications; copyrights to information and communication technology products and services; the intellectual property rights to inventions and innovations in the branches or domains under its management;

b/ To apply according to its competence measures for lawful protection of the state, organizations and individuals in the field of authors' rights, copyrights and intellectual property;

c/ To provide according to its competence professional guidance on protection operations in the field of authors' rights, copyrights and intellectual property for branches, localities, enterprises, social organizations and citizens to their products or services.

20. To grant export and import permits in branches or domains under its management in accordance with law; to grant, extend, suspend, cancel or withdraw assorted certifications, certificates of quality of networks, works, products and services in the branches or domains under its management.

21. To decide on measures to mobilize information and communication networks and services, means and equipment in emergency cases related to national security, natural disasters or enemy sabotage under authorization of the Government or the Prime Minister.

22. To direct and administer special-use or exclusive information networks in service of the direction and administration by Party or State agencies.

23. To manage programs, schemes and investment projects in branches or domains falling within the scope of its management according to law; to promulgate techno-economic norms in branches or domains under its management; to conduct specialized statistics according to law.

24. To make its annual budget estimates, coordinate with the Finance Ministry in making and synthesizing budget revenues and expenditures according to branches or domains under its management, to synthesize funds for non-business expenditures on application and development of information technology, non-business expenditures on press (press and publication) of ministries, ministerial-level agencies, government-attached agencies, and provinces and centrally run cities for the Government to submit them to the National Assembly; to manage the assigned assets; to manage, implement and settle the state budget, various capital sources and funds according to law.

25. To establish external relations, enter into international integration and cooperation in the branches or domains under its management according to law.

26. To organize and direct the implementation of plans on scientific research, application of scientific and technological advances and environmental protection in the branches or domains under its management.

27. To decide on specific undertakings and measures, and direct the implementation of mechanisms for the operation of public service organizations in the branches or domains under its management according to law; to manage and direct activities of its non-business organizations.

28. With regard to the representation of ownership of state capital portions at enterprises with state capital:

a/ To formulate schemes on establishment, arrangement, reorganization or ownership conversion to be submitted to the Prime Minister for approval and direct the implementation of schemes after they are approved;

b/ To submit to the Prime Minister the appointment, re-appointment, relief from duty of, or to appoint according to its competence leading and managerial officials, chief accountants of state enterprises not yet equitized;

c/ To approve according to its competence or submit to the Prime Minister for approval charters on organization and operation of state enterprises not yet equitized.

29. To guide and create conditions for associations and non-governmental organizations to participate in activities in the branches or domains under its management; to inspect the implementation of state regulations on associations and non-governmental organizations, to handle or propose competent state bodies to handle law violations by associations or non-governmental organizations according to law.

30. To inspect, examine, settle complaints and denunciations, to handle branch- or domain-related law violations according to its competence; to organize the prevention of and combat against corruption, waste, red tape and authoritarianism in units under the Ministry.

31. To decide on and organize the implementation of its administrative reform plan, the state administrative reform plan of the Government and the Prime Minister's directions; to decide on and direct the renewal of working modes, modernization of offices and application of information technology in service of its activities; to report on annual administrative reforms within its management scope according to regulations.

32. To organize rank promotion examinations for information and communications employees; to promulgate standards, qualifications and norms for employees' ranks in the branches or domains assigned or decentralized to the Ministry for management after getting the appraisal opinions of the Ministry of Home Affairs; to formulate professional standards of officials' ranks in the branches or domains assigned or decentralized to the Ministry for management for promulgation by the Ministry of Home Affairs; to promulgate professional standards of heads of professional branch or domain agencies of provincial/municipal People's Committees.

33. To formulate its annual payroll plans to be sent to the Ministry of Home Affairs; to formulate and organize the implementation of plans on training and retraining of cadres, officials and employees and the recruitment, employment, transfer, rotation, retirement, the wage, commendation, discipline and other regimes applicable to cadres, officials and employees under its management according to law; to train and develop human resources in the domains under its management according to law.

34. To perform other tasks and powers in accordance with law.

Article 3.- Organizational structure of the Ministry

1. The Post Department.

2. The Telecommunications Department.

3. The Information Technology Department.

4. The Science and Technology Department.

5. The Planning-Finance Department.

6. The International Cooperation Department.

7. The Legal Department.

8. The Organization and Personnel Department.

9. The Inspectorate.

10. The Office.

11. The Radio Frequency Department.

12. The Information and Communication Technology Quality Control Department.

13. The Information Technology Application Department.

14. The Press Department.

15. The Publishing Department.

16. The Radio, Television and Electronic Information Management Department.

17. The Foreign-Service Information Department.

18. The Ministry's representative office in Ho Chi Minh City.

19. The Ministry's representative office in Da Nang city.

20. The Information and Communication Strategy Institute.

21. The Vietnam Internet Center.

22. The Information Center.

23. The Information and Communication Technology magazine.

24. The Vietnam Post newspaper.

25. The Press and International Communication Cooperation Center.

26. The Information and Communication Managers' Training School.

The units defined in Clause 1 thru Clause 19 of this Article are organizations assisting the Minister in performing the state management function; the units defined in Clause 20 thru Clause 26 of this Article are non-business organizations of the Ministry.

The Organization and Personnel; Planning-Finance; and Science and Technology Departments may organize sections.

The Minister of Information and Communication shall submit to the Prime Minister for promulgation a list of other non-business units, state finance organizations and press agencies attached to the Ministry.

Article 4.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO"; replaces the Government's Decree No. 90/2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication, and previous regulations contrary to this Decree.

Article 5.- Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree.