Decree 48/2022/ND-CP 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; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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 (below referred to as Decree No. 123/2016/ND-CP); and the Government’s Decree No. 101/2020/ND-CP of August 28, 2020, amending and supplementing a number of articles of Decree No. 123/2016/ND-CP (below referred to as Decree No. 101/2020/ND-CP); 

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 performing the function of state management of the press; publication, printing, distribution; radio and television; e-information; news; external information; grassroots information; post; telecommunications; radio frequencies; information technology industry; application of information technology; cyberinformation security; e-transactions; and national digital transformation, and state management of public services in sectors and fields falling within its state management.

Article 2. Tasks and powers

The Ministry of Information and Communications shall perform the tasks and exercise the powers provided in Decree No. 123/2016/ND-CP and Decree No. 101/2020/ND-CP, and the following specific tasks and powers:

1. To submit to the Government draft laws and draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee; draft decrees of the Government under annual law-making programs and plans of the Government, and resolutions, projects and schemes as assigned by the Government and the Prime Minister. 

2. To submit to the Government and the Prime Minister long-term, medium-term and annual development strategies, master plans and plans; national target programs, programs of action and projects and works of national importance; programs and schemes on provision of public services and public non-business services in different sectors and fields; and decisions, directives and other documents falling within the competence of the Prime Minister.

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

4. To direct, guide, inspect, and organize the implementation of, legal documents and approved strategies, master plans, programs, schemes and plans; to carry out information, communication and dissemination of, and education about, laws on sectors and fields falling within its state management.

5. Regarding the press (including printed newspapers, newswire, radio, television and news bulletins)

a/ To guide, direct and organize the development and management of the press, representative offices and overseas resident offices of Vietnamese press agencies under the Prime Minister-approved master plan on development of the network of press, radio, television, e-information and publishing establishments;

b/ To organize the provision of information to the press and manage information of the press; to test and announce data and figures related to press activities in accordance with law;

c/ To promulgate regulations on organization of press contests, seminars and festivals; 

d/ To examine deposited press items; to manage the national deposit system for printed newspapers; to carry out e-depositing of radio and television broadcasts and newswire information in accordance with law; to guide and examine the making of official statements and provision of information to the press by state administrative agencies in accordance with law;

dd/ To grant, modify, supplement, suspend, terminate or revoke licenses of all kinds in the fields of press, radio and television; to grant or revoke press cards; to approve press conferences in accordance with the press law;

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

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

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

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

a/ To guide, direct and organize the operation of the network of publishing, printing and publication distribution establishments under the Prime Minister-approved master plan on development of the network of press, radio, television, e-information and publishing establishments;

b/ To grant, extend, modify, supplement, suspend, terminate or revoke licenses of all kinds in the fields of publishing, printing and distribution in accordance with law;

c/ To certify and manage the publication registration of publishing houses, operation registration of printing establishments, registration of printing activities for products not subject to licensing, registration of distribution of publications, registration of e-publishing activities, and distribution of e-publications in accordance with law;   

d/ To organize the appraisal of publications in accordance with law; to examine deposited publications and manage the depositing of publications; to organize the placement of orders for and delivery of publications to areas with extremely 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, recall, confiscation, ban on circulation and destruction of publications in violation of law;

e/ To grant, extend or 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 from duty or dismissal of general directors (directors) or editors-in-chief of publishing houses.

7. Regarding external information

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

b/ To guide external information contents and coordinate with related agencies in providing external information to Vietnamese news and press agencies;

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

d/ To formulate a mechanism 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 explain and clarify misleading information about Vietnam in all fields.

8. Regarding advertising

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

b/ To grant, extend, modify, supplement or revoke licenses for radio or television advertising channels or programs; to notify the publication of advertising supplements of printed newspapers;

c/ To receive notices of the provision of cross-border advertising services in Vietnam; to receive and process notices of law-breaking cross-border advertising activities and take deterrent measures in accordance with law.

9. Regarding e-information

a/ To manage online video game services, information contents and information provision applications in accordance with law;

b/ To grant, extend, modify, supplement, suspend, terminate or revoke licenses and certificates for online video games and e-information in accordance with law.

10. Regarding grassroots information and district-level radio and television activities

a/ To guide, direct and organize the implementation of strategies, master plans and plans on grassroots information and district-level radio and television activities;

b/ To elaborate contents of information and communication at the grassroots level within the ambit of its functions and tasks and guide the implementation thereof;

c/ To guide the building and operation of grassroots information and district-level radio and television systems;

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

11. Regarding post

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

b/ To set and manage charge rates and quality of public postal services, exclusive postal services, postal services for agencies of the Party and the State, 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 the set of national postal codes and the set of postage stamp codes of Vietnam;

dd/ To grant, modify, supplement or revoke postal licenses; to grant, modify or supplement documents certifying notices of postal activities;

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

g/ To coordinate with related agencies in managing competition and settling disputes in the field of post, and protecting 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 development of telecommunications, the Internet, digital infrastructure (broadband telecommunications infrastructure, cloud computing infrastructure and Internet of Things infrastructure); to manage the telecommunications market; to promulgate and set out lists, scope, subjects and charge rates of public telecommunications services and mechanisms for provision and levels of support for enterprises investing in telecommunications infrastructure or digital infrastructure or providing public telecommunications services in accordance with law; to organize the implementation of the program on provision of public telecommunications services and performance of public telecommunications tasks assigned by the State;

b/ To assume the prime responsibility for formulation and implementation of regulations on competition in the field of telecommunications, application of telecommunications and the Internet, protection of interests of telecommunications service, telecommunications application and Internet users in accordance with law;

c/ To grant, extend, modify, supplement, suspend, terminate or revoke telecommunications licenses of all kinds in accordance with law;

d/ To promulgate, and organize the implementation of, master plans and regulations on management and use of telecommunications numbers and Internet domain names and addresses; to allocate or recover telecommunications numbers and Internet domain names and addresses; to formulate and submit to competent authorities for promulgation and organize the implementation of regulations on auction and transfer of the right to use telecommunications numbers and Internet domain names and detailed regulations on auction of telecommunications numbers and Internet resources and the list of telecommunications numbers and Internet resources put for auction;

dd/ To promulgate mechanisms, policies and regulations on, and organize the management of, service charge rates and sales promotion in the field of telecommunications and the Internet in accordance with law; to control or suspend the application of telecommunications service charge rates when telecommunications enterprises unilaterally impose or breach the telecommunications service charge rate bracket, rendering the telecommunications market unstable and causing damage to lawful rights and interests of telecommunications service users, other telecommunications enterprises and the State; to direct and guide the implementation of the reporting, accounting and auditing regimes to serve the management of telecommunications and Internet service charge rates;

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

g/ To regulate according to its competence and guide the operation of exclusive telecommunications networks serving agencies of the Party and the State;

h/ To guide the formulation and implementation of plans and options on development of the telecommunications network and development of digital infrastructure; to direct, guide and inspect the shared -use of telecommunications and digital infrastructure facilities;

i/ To assume the prime responsibility for ensuring safety of infrastructure facilities, and coordinate with the Ministry of Public Security in ensuring information security in telecommunications activities in accordance with law;

k/ To manage telecommunications and Internet service quality; to build, manage and operate telecommunications and Internet testing and calibration chambers in accordance with law;

l/ To establish, manage, operate and exploit the system for collection and management of telecommunications data and the system for mobile network number porting; 

m/ To establish, manage, operate and exploit the National Domain Name Server System and the Vietnam National Internet Exchange in a safe manner.

13. Regarding radio frequencies

a/ To guide and organize the implementation of the master plan on national radio spectrum; and transmission and broadcasting activities under the Prime Minister-approved master plan on information and communications infrastructure; 

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

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

d/ To manage radio frequency radiation quality and safety and electromagnetic compatibility in accordance with law;

dd/ To specify technical conditions and operation conditions of radio equipment exempt from licensing, and technical conditions (transmission frequencies and power output) of radio equipment before they are manufactured or imported for use in Vietnam;

e/ To regulate the training of radio operators and radio operator certificates; subjects eligible, conditions and procedures for grant, extension or re-grant of radio operator certificates; and recognition of marine radio operator certificates for foreign seafarers working onboard Vietnamese-flagged ships;

g/ To grant, extend, modify, supplement, suspend, terminate or revoke radio frequency licenses of all kinds;

h/ To inspect and control radio frequencies and equipment, and deal with harmful interference;

i/ To register international frequencies and undertake international coordination in radio frequencies and satellite orbits;

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

14. Regarding information technology industry

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

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

c/ To appraise programs, plans and projects on development of the information technology industry, digital technology industry, contents of trade and investment promotion in the field of information technology industry, and projects on development of information technology products using science and technology funding sources of ministries, sectors and localities;

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

dd/ To grant, extend, suspend, terminate or revoke licenses and certificates concerning information technology industry, digital technology industry and information technology human resources; to promulgate or recognize information technology skill standards;

e/ To organize activities of supporting investment and trade promotion in the fields of information technology industry and digital technology industry;

g/ To manage quality of products and services in the fields of information technology industry and digital technology industry in accordance with law.

15. Regarding national digital transformation

a/ To perform tasks of the standing body of the National Committee for Digital Transformation; to act as a focal point for summing up and giving advices on coordinating interdisciplinary coordination activities among ministries, sectors and localities in the implementation of guidelines, strategies, mechanisms and policies to facilitate the application of information technology, national digital transformation, and development of e-government, digital government, digital economy, digital society, and smart cities;

b/ To guide and organize the implementation of mechanisms and policies, and national strategies, plans, programs and schemes on application of information technology in state agencies, and building of e-government and digital government; to guide, appraise, examine and evaluate the formulation and implementation of programs, plans, schemes and projects on application of information technology, building of e-government and digital government by ministries, sectors and localities according to its competence; to evaluate and inspect quality of information technology application products and solutions.

To build, maintain, update and implement the Vietnam E-Government Architectural Framework and the ICT Reference Framework for Smart City Development; to guide, supervise and support activities of data governance, sharing and exploitation in state agencies; to build and operate information system testing chambers; to develop, manage and operate platforms for national data integration and sharing, the National Data Portal, platforms for monitoring and measurement of e-government service provision and use levels, the Government’s cloud computing platform, and digital platforms to serve the building of e-government and digital government according to its competence;

c/ To guide and organize the implementation of mechanisms, policies and laws, and national strategies, plans, programs and schemes on digital economy, promotion of the application of information technology, and digital transformation at enterprises in accordance with law;

d/ To guide and organize the implementation of mechanisms, policies and laws, and national strategies, plans, programs and schemes on digital society, promotion of the application of information technology, and observance of the code of conduct in the digital environment by members of the society and communities.

16. Regarding cyberinformation security

a/ To manage information security; to ensure information security for information systems and information technology application and development activities; to prevent and combat spams; to ensure personal information security in the cyber environment; to protect children in the cyberspace; to organize the performance of the functions of managing and coordinating the response to cyberinformation security incidents nationwide; to assume the prime responsibility for coordinating the emergency response to ensure national cyberinformation security in accordance with law;

b/ To manage information security product and service production and provision activities; to manage information security inspection, evaluation and certification activities; to grant, extend, modify, supplement, suspend, terminate or revoke licenses to trade in cyberinformation security products and services (excluding civil cryptography products and services and cyber security products and services) in accordance with law;

c/ To manage quality of cyberinformation security products and services (excluding civil cryptography products and services and cyber security products and services) in accordance with law;

d/ To build and operate information security assurance systems and concentrated technical infrastructure systems on the national scale to deal with and mitigate cyber attacks and support the information security supervision for information systems providing online public services and developing an e-government; to appraise cyberinformation security contents in dossiers of information system designs and security levels; to manage the information security supervision in accordance with law;

dd/ To coordinate with the Ministry of Public Security in ensuring security and safety for national security-related strategic works in the field of information technology.

17. Regarding e-transactions

a/ To guide, direct and organize the implementation of strategies, plans and policies on development and application of e-transactions according to its competence;

b/ To submit to competent authorities for promulgation or recognition, or promulgate or recognize according to its competence standards in e-transactions;

c/ To manage organizations providing services related to e-transactions under its management in accordance with law;

d/ To manage the development of technological infrastructure facilities for e-transactions in accordance with law;

dd/ To regulate 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 the Government Cypher Committee in, managing digital signature certification service providers; to organize the provision of national digital signature certification services in accordance with law.

18. To build, manage, operate and exploit exclusive post and telecommunications networks and special-use data transmission networks to serve the direction and administration by agencies of the Party and the State.

19. To coordinate with related agencies in organizing the implementation of regulations on intellectual property for press products, encrypted radio and television broadcasts, publications, postage stamps, information and communications technology products and services, and subject matters of industrial property rights in sectors and fields under its management in accordance with law; to coordinate with related agencies in directing intermediary service providers to comply with regulations on intellectual property.

20. To organize the conferment of prizes and implement the emulation and commendation work in accordance with law.

21. To decide on and organize the implementation of measures to prevent and stop illegal information and communications activities.

22. To promulgate, and organize the implementation of, national technical regulations, request the declaration of national standards in sectors and fields under its management; to conclude and implement agreements on mutual recognition of conformity assessment results with foreign countries and territories; to guide the performance of conformity assessment activities in the fields under its management in accordance with law; to perform functions and tasks of its technical barriers to trade national enquiry point.

23. To manage import and export of products and goods in the fields under its management in accordance with law.

24. To decide on measures to mobilize information and communications networks, services, media and equipment to serve the handling of cases of national security emergency, disasters and enemy sabotage as assigned by the Government or Prime Minister.

25. To manage, and organize the implementation of, investment programs, schemes and projects in the sectors and fields under its management in accordance with law; to organize the collection and exploitation of information to serve the state management and management of specialized statistical work in accordance with law.

26. To manage finance and assets and organize the implementation of its assigned budget estimates in accordance with law.

27. To carry out international cooperation in the fields under its management in accordance with law.

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

29. Regarding public non-business services

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

b/ To promulgate or revise techno-economic norms and expenditure norms (if any) to serve as a basis for setting unit prices and prices of public non-business services funded by the state budget to serve the assignment of tasks, placement of orders or bidding for provision of public non-business services in accordance with law;

c/ To promulgate criteria and standards on quality of public non-business services funded by the state budget; mechanisms for quality supervision, evaluation and inspection and regulations on examination and pre-acceptance testing of public non-business services funded by the state budget; and operation efficiency of public non-business units in accordance with law;

d/ To perform the state management of prices of public non-business services in accordance with the price law;

dd/ To guide organizations in providing public non-business services in accordance with law.

30. 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 enterprises in the field of information and communications; 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 the overall scheme on restructuring and the scheme on reorganization, renovation and development of state enterprises operating in the field of information and communications which are assigned to it for management, and direct the implementation thereof according to its assigned tasks and delegated powers;

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

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

31. To perform tasks and exercise powers toward associations and non-governmental organizations falling within its state management in accordance with law.

32. To inspect, examine, receive citizens, settle complaints and denunciations, prevent and combat corruption, and handle violations according to its state management functions.

33. To decide on and organize the implementation of plans on administrative reform and reform of administrative procedures in sectors and fields specified in programs and plans on state administrative reform of the Government and Prime Minister; to propose or decide according to its competence on the delegation of powers for state management of sectors and fields.

34. To train, further train and develop human resources in the fields under its management; to forecast demands and set orientations for development of information and communications human resources.

35. To manage its organizational structure, state payroll, 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.

36. To perform other tasks and exercise other powers in accordance with law.

Article 3. Organizational structure of the Ministry

1. The Department of Posts.

2. The Department of Science and Technology.

3. The Department of Planning and Finance.

4. The Department of Digital Economy and Digital Society.

5. The Department of International Cooperation.

6. The Department of Legal Affairs.

7. The Department of Organization and Personnel.

8. The Ministry Inspectorate.

9. The Ministry Office.

10. The Authority of Press.

11. The Authority of Broadcasting and Electronic Information.

12. The Authority of Publication, Printing and Distribution.

13. The Authority of Grassroots Information.

14. The Authority of Foreign Information Service.

15. The Authority of Telecommunications.

16. The Authority of Radio Frequency Management.

17. The Authority of National Digital Transformation.

18. The Authority of Information Security.

19. The Authority of Information Technology and Communications Industry.

20. The Authority of Central Posts.

21. The National Institute of Information and Communications Strategy.

22. The Information Center.

23. Vietnam Net.

24. The Information and Communications Journal.

25. The Posts and Telecommunications Institute of Technology.

26. The Information and Communications Public Management Institute.

The units specified in Clauses 1 thru 20 of this Article are organizations assisting the Minister in performing the state management functions; the units specified in Clauses 21 thru 26 of this Article are public non-business units attached to 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.

Article 4. Effect 

1. This Decree takes effect on July 26, 2022.

2. This Decree replaces the Government’s Decree No. 17/2017/ND-CP of February 17, 2017, 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
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH