Decree No. 17/2017/ND-CP dated February 17, 2017 of the Government on defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications

DECREE

Defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications[1]

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

Pursuant to the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

At the proposal of the Minister of Information and Communications,

The Government promulgates the Decree defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications.

Article 1.Position and functions

The Ministry of Information and Communications is a governmental agency functioning to perform the state management of the press; publishing, printing and distribution; post; telecommunications; radio frequency; information and electronic technology; radio and television broadcasting, electronic information, news agency, external information, and grassroots information, and the state management of public services in the fields and sectors under its state management.

Article 2.Tasks and powers

The Ministry of Information and Communications shall perform the tasks and exercise the powers defined in the Government’s Decree No. 123/2016/ND-CP of September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; and the following specific tasks and powers:

1. To submit to the Government draft laws and resolutions of the National Assembly, draft ordinances and resolutions of the National Assembly Standing Committee; draft decrees of the Government under the Government’s annual lawmaking programs and plans, and projects and schemes assigned by the Government or Prime Minister.

2. To submit to the Government or Prime Minister strategies, master plans and long-term, five-year and annual development plans; national target programs, action programs and important national projects and works, programs and schemes on provision of public services and public non-business services in the fields and sectors under its management; decisions, directives and other documents falling under the competence of the Prime Minister.

3. To promulgate circulars, decisions, directives and other documents on management of the fields and sectors under its state management.

4. To direct, guide, inspect, examine and organize the implementation of approved legal documents, strategies, master plans and plans falling under its state management; to communicate, disseminate and educate about the laws concerning the fields and sectors under its state management.

5. Regarding the press (including printed press, online press, radio, television and news agency bulletins):

a/ To guide, direct and organize the implementation of Prime Minister-approved master plans on development and management of the press nationwide and overseas representative offices and resident bureaus of Vietnamese press agencies;

b/ To organize provision of information for the press and management of press information; to carry out the measurement, verification and publicization of data related to press activities in accordance with law;

c/ To provide technical instructions on measures and processes of information preservation and information management systems in the implementation of regulations on access to information;

d/ To promulgate regulations on organization of press competitions, seminars and festivals;

dd/ To check legal deposits of the press; to manage the national legal deposit system for printed press; to carry out the electronic legal deposit of audio, visual and online press works in accordance with law; to inspect the holding of press briefings and provision of information to the press by spokespersons of state administrative agencies in accordance with law;

e/ To grant, extend, modify, supplement, suspend, cancel or revoke assorted permits in the fields of press, radio and television broadcasting; to grant or revoke press cards; to approve press conferences in accordance with the press law;

g/ To guide the operation of the press and journalists nationwide, to coordinate with related agencies in managing Vietnamese press activities related to foreign countries and press activities of foreigners and foreign organizations in Vietnam;

h/ To give opinions on the appointment of heads of press agencies in accordance with the press law;

i/ To manage contents, quality and prices of radio and television services in accordance with law.

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

a/ To guide, direct and organize the implementation of Prime Minister-approved master plans on networks of publishing, printing and distribution of publications;

b/ To grant, extend, modify, supplement, suspend, cancel or revoke assorted permits in the fields of publishing, printing and distribution in accordance with law;

c/ To certify and manage the registration of publishing plans of publishing houses, operation registration of printing establishments, registration of printing of products requiring no permits, registration of distribution of publications, registration of electronic publishing and distribution of electronic publications in accordance with law;

d/ To organize the appraisal of publications in accordance with law; to organize the inspection of deposited publications and management of the legal deposit of publications; to organize the placement of orders for and sending of publications to areas with particularly difficult socio-economic conditions; deep-lying, remote, mountainous and border areas and islands; to organize national publication fairs and manage the overseas distribution of publications in accordance with law;

dd/ To decide on suspension, withdrawal, confiscation, circulation ban and destruction of illegal publications;

e/ To grant, extend and revoke editing practice certificates in accordance with law;

g/ To manage publishing support activities in accordance with law;

h/ To give opinions on the appointment, relief of duty and removal from office of general directors (directors) and editors-in-chief of publishing houses.

7. Regarding external information service:

a/  To assume the prime responsibility for, and coordinate with related agencies in, guiding and directing the implementation of external information strategies, master plans, plans, programs and schemes;

b/ To guide contents and provision of external information to Vietnamese news and press agencies;

c/ To assume the prime responsibility for, and coordinate with related agencies in, examining and assessing the effectiveness of external information work of ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and domestic and overseas press and publishing agencies;

d/ To create mechanisms for information exchange, coordination, provision and sharing between state agencies and press agencies;

dd/ To monitor, sum up and report to the Prime Minister on the provision of information to correct and clarify untruthful information about Vietnam in all fields.

8. Regarding advertising:

a/ To perform the tasks of managing advertisements on the press, in the cyber environment, on publications and advertisements integrated in post, telecommunications and information technology products and services in accordance with law;

b/ To grant, extend, modify, supplement and revoke permits for advertising channels and programs for audio and visual press; to issue announcements on classified supplements for printed press.

9. Regarding electronic information:

a/ To manage video game and information content services, applications for information provision on telecommunications networks and the Internet in accordance with law;

b/ To grant, extend, modify, supplement, suspend, cancel or revoke assorted permits and certificates for online video games and electronic information in the Internet in accordance with law.

10. Regarding grassroots information and the system of district-level radio and television stations:

a/ To guide, direct and organize the implementation of grassroots information strategies, master plans and plans;

b/ To develop contents of public information falling under its functions and tasks and guide the organization of implementation;

c/ To guide the establishment and operation of grassroots information systems: commune-level public-address stations; grassroots information bulletins; non-commercial documents to serve grassroots information activities; information directly reported by grassroots communicators; public notice boards and other forms of grassroots information and district-level radio and television stations;

d/ To organize the provision of information for and manage information contents of grassroots information systems and district-level radio and television stations nationwide.

11. Regarding post:

a/ To guide, organize and inspect the implementation of mechanisms, policies, plans, projects, schemes and programs on post; to inspect the list of public postal services and support mechanisms and the provision of these services in accordance with law;

b/ To establish charge tariffs and regulate the quality of public or exclusive-use postal services and public services in the press distribution, postal services for Party and State agencies and other postal services in accordance with law;

c/ To manage postage stamps and safety in postal activities according to its competence;

d/ To manage national postcodes and Vietnam postage stamp code numbers;

dd/ To grant, modify, supplement and revoke postal licenses; to grant, modify and supplement written certifications of announcements of postal activities;

e/ To regulate according to its competence and guide activities of the public postal network and postal network to serve Party and State agencies;

g/ To join in managing the competition and settling disputes in the field of post to protect lawful interests of postal service users in accordance with law.

12. Regarding telecommunications:

a/ To guide, direct and organize the implementation of master plans, plans, programs, mechanisms and policies on telecommunications and Internet development; to manage the telecommunications market; to promulgate the list of public telecommunications services, regulate the scope, users and charge tariffs of these services, and establish mechanisms and levels of support for enterprises investing in telecommunications infrastructure and providing public telecommunications services in accordance with law; to organize the implementation of programs on provision of public telecommunications services; to organize and manage the performance of public telecommunications tasks assigned by the State;

b/ To assume the prime responsibility for, coordinate, guide and manage the competition and settlement of petitions in the field of telecommunications and telecommunications and Internet application; to protect interests of telecommunications service and telecommunications and Internet application users in accordance with law;

c/ To grant, extend, modify, supplement, suspend, cancel or revoke assorted telecommunications licenses in accordance with law;

d/ To promulgate, and organize the implementation of, master plans and regulations on management and use of telecommunications numbers and domain names and Internet addresses; to distribute and recover telecommunications numbers and domain names and Internet addresses; to elaborate regulations on auction and transfer of the right to use telecommunications numbers and Internet domain names, detailed regulations on auction of telecommunications numbers and Internet resources and the list of to-be-auctioned telecommunications numbers and Internet resources, submit them to competent authorities for promulgation and organize the implementation thereof;

dd/ To promulgate mechanisms, policies and regulations on, and organize the management of, service charge tariffs and sales promotions in the field of telecommunications and Internet in accordance with law; to control and stop the application of telecommunications service charge tariffs in case telecommunications businesses impose too high or too low service charge tariffs, thus destabilizing the telecommunications market or harming lawful rights and interests of telecommunications service users, other telecommunications businesses and the State. To direct and guide the implementation of regulations on reporting, accounting and audit to serve the management of telecommunications and Internet service charge tariffs;

e/ To promulgate, and organize the implementation of, regulations on management of connection of telecommunications networks;

g/ To promulgate according to its competence regulations on and guide the operation of exclusive-use telecommunications networks to serve Party and  State agencies;

h/ To guide the formulation and implementation of master plans on passive telecommunications infrastructure facilities; to direct, guide and inspect the sharing and common use of telecommunications infrastructure facilities;

i/ To guide and direct the assurance of safety for information infrastructure facilities and information security in telecommunications activities in accordance with law;

k/ To manage the quality of telecommunications and Internet products; to build, manage and operate testing and calibration laboratories specialized in  telecommunications and Internet;

l/ To establish, manage and operate the system of collection and management of telecommunications data and mobile network switching system for registered subscriber numbers;

m/ To establish, manage and operate in a safe manner the national system of country domain name servers and national Internet relay stations.

13. Regarding radio frequency:

a/ To guide and organize the implementation of transmission and broadcasting master plans and national radio frequency spectrum master plans approved by the Prime Minister;

b/ To assume the prime responsibility for, and coordinate with the Ministry of National Defense and Ministry of Public Security in, allocating frequency bands for national defense and security purposes and submitting them to the Prime Minister for approval;

c/ To promulgate master plans on frequency bands, frequency channel allocation master plans, frequency channel use master plans, regulations on conditions for allocation, assignment and use of radio frequencies and frequency bands;

d/ To control the quality of radio radiation, electromagnetic compatibility and safety of radio radiation in accordance with law;

dd/ To prescribe technical conditions and conditions for use of permit-exempt radio equipment and technical conditions (regarding frequency and transmission capacity) for radio equipment before manufacture or import for use in Vietnam;

e/ To prescribe the training of radio operators; radio operator certificates; eligible subjects, conditions and procedures for grant, extension and re-grant of radio operator certificates; recognition of maritime radio operator certificates for foreign crewmembers working onboard ships flying Vietnam flag;

g/ To grant, extend, modify, supplement, suspend, cancel or revoke assorted radio frequency permits;

h/ To inspect and control radio frequencies and equipment, to handle harmful interferences;

i/ To register international frequencies and implement international coordination on radio frequencies and satellite orbits;

k/ To submit regulations on auction and transfer of the right to use radio frequencies to competent authorities for promulgation and organize the implementation thereof.

14. Regarding information technology and electronic industries:

a/ To guide, direct and organize the implementation of strategies, master plans, plans, policies, programs, schemes and projects on development of information technology and electronic industries;

b/ To submit to competent authorities for promulgation or promulgate according to its competence policies on incentives for and priorities of investment in the development of the information technology industry; to announce the list of programs on development of key information technology products and formulate thse programs;

c/ To appraise programs, plans and projects on development of the information technology industry, trade and investment promotion activities in the  information technology industry, and projects on development of information technology products financed with science and technology funds of ministries, sectors and localities;

d/ To promulgate or submit to competent authorities for promulgation criteria for evaluation and certification of functions and technical utilities of information technology and electronic products; mechanisms and policies for management and development of information technology parks;

dd/ To grant, extend, modify, supplement, suspend, cancel and revoke licenses and certificates of information technology and electronic industries and information technology workers; to promulgate or recognize information technology skill standards;

e/ To organize activities in support of investment and trade promotion activities in information technology and electronic industries;

g/ To control the quality of information technology and electronic products and services.

15. Regarding information technology application and building of an e-government:

a/ To guide, organize and inspect the implementation of programs, plans, schemes, projects, mechanisms, policies and regulations on information technology application; regulations on management of investment, assessment of efficiency of investment in information technology application funded by the state budget; to assist enterprises and the community in information technology application;

b/ To perform the state management of e-government; to build, maintain, update and realize the framework architecture of Vietnamese e-government; to guide the formulation and appraisal of schemes and projects on information technology application and building of an e-government according to its competence, and architecture of ministerial-level e-government and provincial-level e-administrations; to guide the building of information technology application models at all levels;

c/ To build focal information systems to provide connection and assist convenient access to the national databases; to guide, inspect and assess the observance of regulations concerning the national databases;

d/ To promulgate or submit to competent authorities for promulgation regulations on interconnection, integration and sharing of information and data between ministries, sectors and localities and organize the implementation thereof; to announce according to its competence or submit to the Prime Minister for announcement a list of information and data for sharing and common use;

dd/ To manage the national program on information technology application in state agencies; to assume the prime responsibility for organizing information technology application in state agencies according to the state administrative reform general program and plans;

e/ To manage the quality of information technology application activities and information systems; to build, manage and operate information system laboratories;

g/ To organize the building, management and operation of infrastructure  facilities for information technology application and framework architecture of the Vietnamese e-government as well as information and data systems for common use as assigned by the Government or Prime Minister;

h/ To guide localities in organizing the information technology application for the development and provision of smart city services.

16. Regarding information safety:

a/ To manage information safety; to ensure information safety for information systems and information technology application and development activities; to prevent and combat spams; to ensure safety of personal information in the cyber environment; to organize the performance of the function of managing and coordinating response to network information incidents nationwide; to assume the prime responsibility for coordinating urgent response to ensure network information safety nationwide in accordance with law;

b/ To manage the production and trading of information safety products and provision of information safety services; to organize information safety inspection and assessment and grant of information safety certificates; to grant, extend, modify, supplement, suspend, cancel or revoke licenses for trading in network information safety products and services, except civil cipher products and services;

c/ To build and operate systems to ensure information safety; to appraise network information safety in information system design dossiers, and safety level of information systems; to manage the information safety supervision in accordance with law;

d/ To promulgate regulations on digital signatures and digital signature certification services according to its competence; to assume the prime responsibility for, and coordinate with the Ministry of Public Security and Government Cipher Commission in, managing digital signature certification service providers; to organize the provision of national digital signature certification services in accordance with law; to coordinate with the Ministry of Public Security in maintaining security and safety for key works important to national security in the field of telecommunications and information technology.

17. To build, manage and operate exclusive-use post and telecommunications networks and information systems to serve the direction and administration by the Party and State agencies.

18. To coordinate and organize the implementation of regulations on intellectual property rights to press products, encrypted radio and television broadcasts, publications, postage stamps, information and communications technology products and services; and regulations applicable to inventions and patents in the fields and sectors under its management.

19. To organize the presentation of awards and prizes and carry out emulation and commendation work in accordance with law.

20. To decide on, and organize the application of, measures to prevent and stop illegal information and communications activities.

21. To promulgate, and organize the implementation of, national technical regulations, propose the announcement of national standards in the fields and sectors under its management; to accede to mutual recognition agreements on conformity assessment with other countries; to promulgate regulations on management of conformity assessment in the fields and sectors under its management.

22. To manage the import and export of products and commodities in the fields and sectors under its management in accordance with law.

23. To decide on measures to mobilize information and communications networks, services, facilities and equipment in cases of emergency related to national security, natural disasters and enemy sabotage as assigned by the Government or Prime Minister.

24. To manage and implement investment programs, schemes and projects in the fields and sectors under its management in accordance with law; to formulate and promulgate techno-economic norms, expenditure norms and other specialized norms within the scope of its management; to organize the collection and exploitation of information to serve state management work and manage specialized statistical activities in accordance with law.

25. To make its annual budget estimates, coordinate with the Ministry of Finance in making and summing up expenditure estimates for non-business information activities (including press, publishing, external information and grassroots information) of ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities for the Government to submit them to the National Assembly; to manage assigned property; to manage, organize the implementation and finalization of the state budget, capital and funding sources in accordance with law.

26. To enter into international cooperation in the fields and sectors under its management in accordance with law.

27. To formulate and implement plans on scientific research, application of scientific and technological advances, development of hi-tech products, technology renewal and environmental protection in the fields and sectors under its management.

28. Regarding public non-business services:

a/ To perform the state management of public non-business services in the fields and sectors under its state management in accordance with law;

b/ To formulate and promulgate quality criteria and standards and economic-technical norms for public non-business services in the fields and sectors under its management for use as a basis for setting public non-business service charge tariffs in accordance with law;

c/ To provide guidance to public non-business service providers in accordance with law.

29. Regarding enterprises:

a/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, submitting to the Government for promulgation mechanisms and policies to promote and support the development of information and communications enterprises; to coordinate with related agencies and organizations in directing, guiding and inspecting the implementation of such mechanisms and policies;

b/ To approve or submit to competent authorities for approval a general scheme on restructuring and a scheme on renewal and development of state enterprises operating in the information and communications sector and direct the implementation of these schemes as assigned or decentralized;

c/ To guide and inspect the implementation of regulations on conditional business lines and services and handle violations according to its competence;

d/ To exercise the powers and perform the responsibilities and obligations of the state owner over state enterprises and state capital invested in other enterprises in accordance with law.

30. To perform tasks and exercise powers over associations and non-governmental organizations under its state management in accordance with law.

31. To inspect, examine, settle complaints and denunciations, prevent and combat corruption, and handle violations according to its state management function.

32. To decide on, and organize the implementation of, its administrative reform plan according to the objectives and contents of the Government’s state administrative reform programs and plans and directions of the Prime Minister; to propose or decide according to its competence on the decentralization of state management in the fields and sectors under its management.

33. To train and develop human resources for the sectors under its management; to forecast demands for, and plan the development of, information and communications human resources.

34. To manage the organizational apparatus, payrolls, cadres, civil servants and public employees; to implement the salary regime and other regimes for cadres, civil servants, public employees and workers under its management in accordance with law

35. To perform other tasks and exercise other powers as prescribed by law.

Article 3.Organizational structure of the Ministry

1. The Post Department.

2. The Information Technology Department.

3. The Science and Technology Department.

4. The Planning and Finance Department.

5. The Enterprise Management Department.

6. The International Cooperation Department.

7. The Legal Affairs Department.

8. The Emulation and Commendation Department.

9. The Organization and Personnel Department.

10. The Ministry’s Inspectorate.

11. The Ministry’s Office.

12. The Press Authority.

13. The Broadcasting and Electronic Information Authority.

14. The Publishing, Printing and Distribution Authority.

15. The Grassroots Information Authority.

16. The Foreign Information Service Authority.

17. The Telecommunications Authority.

18. The Radio Frequency Authority.

19. The Information Technology Application Authority.

20. The Information Security Authority.

21. The Central Post Department.

22. The National Institute of Information and Communications Strategy.

23. The Information Center.

24. The Vietnam Post daily.

25. The Vietnamnet electronic newspaper.

26. The Information and Communications Journal.

27. The Post and Telecommunications Technology Institute.

28. The Information and Communications Public Management School.

The units specified in Clauses 1 thru 21 of this Article shall assist the Minister of Information and  Communications in performing the state management function; the units specified in Clauses 22 thru 28 of this Article are non-business organizations under the Ministry. The Minister of Information and Communications shall define the functions, tasks, powers and organizational structures of the Ministry’s attached units in accordance with law.

The Planning and Finance Department may have 4 divisions; the Legal Affairs Department, 1 division; the Ministry’s Inpectorate, 6 divisions; the Ministry’s Office, 5 divisions; the Press Authority, 5 divisions; the Broadcasting and Electronic Information Authority, 6 divisions; the Publishing, Printing and Distribution Authority, 6 divisions; the Grassroots Information Authority, 5 divisions; the Foreign Information Service Authority, 5 divisions; the Telecommunications Authority, 10 divisions; the Radio Frequency Authority, 9 divisions; the Information Technology Application Authority, 8 divisions; the Information Security Authority, 5 divisions; and the Central Post Department, 7 divisions.

Article 4.Effect

1. This Decree takes effect on the date of its signing.

2. This Decree replaces the Government’s Decree No. 132/2013/ND-CP of October 16, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications.

Article 5.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC