Decree 48/2022/ND-CP organizational structure of the Ministry of Information and Communications

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Decree No. 48/2022/ND-CP dated July 26, 2022 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications
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Official number:48/2022/ND-CPSigner:Pham Binh Minh
Type:DecreeExpiry date:Updating
Issuing date:26/07/2022Effect status:
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Fields:Organizational structure , Information - Communications

SUMMARY

Change organizational structure of the Ministry of Information and Communications

The Decree No. 48/2022/ND-CP defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications is issued on July 26, 2022 by the Government.

Accordingly, the Ministry of Information and Communications has 26 units instead of 28 units as in previous regulations. Specifically, 20 units shall assist the Minister of Information and Communications in performing the state management function, including Post Department; Science and Technology Department; Planning and Finance Department; Digital Economy and Society Department; etc.

National Institute of Information and Communications Strategy; Information Center; VietnamNet Newspaper, and Information and Communications Journal, etc. are non-business organizations under the Ministry.

The Ministry shall perform the state management of the press; publishing, printing and distribution; radio and television broadcasting; electronic information; news agency, external information, grassroots information; post; telecommunications; radio frequency; information technology industry; information technology application; network information security; electronic transactions; national digital transformation, etc.

This Decree takes effect from July 26, 2022.

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THE GOVERNMENT
_______

No. 48/2022/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

________________________

Hanoi, July 26, 2022

 

DECREE

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

_____________

 

Pursuant to the June 19, 2015 Law on Organization of the Government; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Government’s Decree No. 123/2016/ND-CP dated September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; the Government’s Decree No. 101/2020/ND-CP dated August 28, 2020, amending and supplementing a number of articles of the Government’s Decree No. 123/2016/ND-CP dated 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; radio and television broadcasting; electronic information; news agency, external information, grassroots information; post; telecommunications; radio frequency; information technology industry; information technology application; network information security; electronic transactions; national digital transformation and state management of public services in the sectors and fields under its state management.

Article 2. Duties and powers

The Ministry of Information and Communications shall perform the tasks and powers defined in the Government's Decree No. 123/2016/ND-CP dated September 1, 2016, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, the Government's Decree No. 101/2020/ND-CP dated August 28, 2020, amending and supplementing a number of articles of the Decree No. 123/2016/ND-CP, 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 law-making programs and plans, resolutions, projects and schemes assigned by the Government or the Prime Minister.

2. To submit to the Government or the 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 sectors and fields under its state management.

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

5. With regard to the press (including printed press, online press, radio, television and news agency bulletins)

a) To guide, direct and organize the development and management of press, overseas representative offices and resident bureaus of Vietnamese press agencies in accordance with the Prime Minister-approved master plan on developing the network of establishments of press, radio, television, electronic information, publishing;

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 the law provisions;

c) To promulgate regulations on organization of press competitions, seminars and festivals;

d) 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 the law provisions; to guide and inspect the holding of press briefings and provision of information to the press by spokespersons of state administrative agencies in accordance with the law provisions;

dd) To grant, 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;

e) 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;

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 the law provisions.

6. With regard to publishing (including publishing, printing and distribution)

a) To guide, direct and organize the network of establishments involved in publishing, printing and distribution of publications in accordance with the Prime Minister-approved master plans on developing the network of press, radio, television, electronic information and publishing establishments;

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

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 the law provisions;

d) To organize the appraisal of publications in accordance with the law provisions; 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 socioeconomic 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 the law provisions;

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 the law provisions;

g) To manage publishing support activities in accordance with the law provisions;

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. With regard to 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, plans, programs and schemes;

b) To guide the contents and coordinate in the 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, People’s Committees of provinces and centrally-run cities, 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. With regard to 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 the law provisions;

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;

c) To receive notifications of cross-border advertising service provision in Vietnam; to receive and process notifications of illegal cross-border advertising and take preventive measures in accordance with the law provisions.

9. With regard to electronic information

a) To manage video game and information content services, applications for information provision on the network in accordance with the law provisions;

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 the law provisions.

10. With regard to 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 develop contents of public information at the grassroots level within its functions and tasks and guide the organization of implementation;

c) To guide the establishment and operation of grassroots information systems and district-level radio and television stations;

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

11. With regard to post

a) To guide, organize and inspect the implementation of mechanisms, policies, strategies, master plans, 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 the law provisions;

b) To regulate and manage the charge tariffs and quality of public or exclusive-use postal services, postal services serving Party and State agencies and other postal services in accordance with the law provisions;

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. With regard to telecommunications

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

b) To assume the prime responsibility for formulating and organizing the implementation of regulations on competition 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 the law provisions;

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

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 the law provisions; 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 plans on development of telecommunications networks and digital infrastructure; to direct, guide and inspect the sharing and common use of telecommunications and digital infrastructure facilities;

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

k) To manage the quality of telecommunications and Internet products; to build, manage and operate testing and calibration laboratories specialized in telecommunications and Internet in accordance with the law provisions;

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

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

13. With regard to radio frequency

a) To guide and organize the implementation of national radio frequency spectrum master plans; transmission and broadcasting activities according to the master plans on information and communication infrastructure 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 the law provisions;

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. With regard to information technology industries

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

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

c) To appraise programs, plans and projects on development of information technology industries and digital technology industries, trade and investment promotion activities in the information technology industries, 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 industry products, digital technology industry products; mechanisms and policies on management and development of centralized information technology zones;

dd) To grant, extend, suspend, cancel and revoke licenses, written certifications and certificates of information technology industries, digital technology industries, information technology human resources; to promulgate and recognize information technology skill standards;

e) To organize activities in support of investment and trade promotion activities in information technology industries and digital technology industries;

g) To perform quality management of products and services in the field of information technology industries and digital technology industries in accordance with the law provisions.

15. With regard to national digital transformation

a) To perform the standing duties of the National Committee on Digital Transformation; to act as the focal point for summing up, advising and performing interdisciplinary coordination activities among ministries, branches and localities to implement guidelines, strategies, mechanisms and policies to create a legal environment, promote information technology application, national digital transformation, development of e-government, digital government, digital economy, digital society and smart city;

b) To guide and organize the implementation of mechanisms, policies, strategies, plans, programs and national projects on information technology application in state agencies, to build e-Government and digital Government; to guide, appraise, examine and evaluate the formulation and implementation of programs, plans, schemes and projects on information technology application, e-Government and digital government development of ministries, branches and localities according to their competence; to evaluate and verify the quality of information technology products and solutions.

To build, maintain, update and organize the implementation of the Vietnam E-Government Architecture Framework, the ICT Reference Framework for smart city development; to guide, supervise and support data governance, data sharing and exploitation activities in state agencies; to build and operate information system testing rooms; to build, manage and operate integrated platforms for sharing national data, national data portal, platforms for monitoring and measuring the level of provision and use of digital government services, Government cloud computing platforms and digital platforms for building e-Government and digital government according to its competence;

c) To guide and organize the implementation of mechanisms, policies, laws, strategies, plans, programs and national projects on the digital economy, promote information technology application and digital transformation of enterprises in accordance with the law provisions;

d) To guide and organize the implementation of mechanisms, policies, strategies, laws, plans, programs and national projects on the digital society, promote information technology application, and operate in compliance with codes of conduct in the digital environment in society and the community.

16. With regard to network 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 protect children in cyberspace; 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 the law provisions;

b) To manage the production and trading of information safety products and services; to manage the inspection, 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 for civil cipher products and services; network security products and services) in accordance with the law provisions;

c) To manage the quality of network information safety products and services (except for civil cipher products and services; network security products and services) in accordance with the law provisions;

d) To build and organize the operation of information safety assurance systems, national-scale centralized technical infrastructure systems to handle and minimize cyber-attacks, and support information security monitoring for the information system to provide online public services, to develop e-Government; to appraise network information safety in information system design dossiers and information system safety levels; to manage information safety supervision in accordance with the law provisions;

dd) To cooperate with the Ministry of Public Security in maintaining security and safety for key works important to national security in the field of information technology.

17. With regard to 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 and recognition or promulgate and recognize according to its competence standards in e-transactions;

c) To manage service providers related to e-transactions under its management in accordance with the law provisions;

d) To manage the development of technology infrastructure for e-transactions in accordance with the law provisions;

dd) To regulate digital signatures and digital signature authentication services according to its competence; to assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Government Cipher Committee in, managing organizations providing digital signature authentication services; national organizations providing digital signature authentication services in accordance with the law provisions.

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

19. To coordinate in organizing the implementation of the law provisions on intellectual property rights to press products, encrypted radio and television programs, publications, postage stamps, information and communications technology products and services, industrial property rights subject to branches and domains under its management as prescribed by the law provisions; to coordinate in directing enterprises providing intermediary services to comply with the law provisions on intellectual property.

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

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

22. 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 sign and implement mutual recognition agreements on conformity assessment with other countries and territories; to guide the implementation of conformity assessment activities in the fields under its management in accordance with the law provisions; to perform the functions and tasks of the agency for notification and inquiry about technical barriers in trade of the ministry.

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

24. 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 the Prime Minister.

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

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

27. To enter into 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 advance, development of hi-tech products, technology renewal and environmental protection in the fields and sectors under its management.

29. With regard to 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 the law provisions;

b) To promulgate or amend, supplement economic - technical norms and cost norms (if any) as the basis for setting unit prices, and charge tariffs of public non-business services using the state budget as the basis for assigning tasks, placing orders or bidding for the provision of public non-business services in accordance with the law provisions;

c) To promulgate criteria and standards for the quality of public non-business services using the state budget; mechanisms for monitoring, evaluation, and accreditation of quality and regulations on inspection and acceptance of public non-business services using the state budget; operational efficiency of public non-business units in accordance with the law provisions;

d) To perform the state management of public non-business service prices in accordance with the law on prices;

dd) To guide organizations to perform public non-business services in accordance with the law provisions.

30. With regard to 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 under the management of the Ministry of Information and Communications, 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 the law provisions.

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

32. To inspect, examine, receive citizens, settle complaints and denunciations, prevent and combat corruption, and handle violations against the law provisions according to its state management function.

33. To decide on and organize the implementation of, its administrative reform plan, perform administrative reform in the sectors and fields according to the state administrative reform programs and plans of the Government and the Prime Minister; to propose or decide according to its competence on the decentralization of state management over sectors and fields.

34. To train, retrain and develop human resources in the fields under its management; to forecast demands for, and plan the development of information and communication human resources.

35. 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 the law provisions.

36. To perform other tasks and exercise other powers as prescribed by the law provisions.

Article 3. Organizational structure of the Ministry

1. Post Department.

2. Science and Technology Department.

3. Planning and Finance Department.

4. Digital Economy and Society Department.

5. International Cooperation Department.

6. Legal Affairs Department.

7. Organization and Personnel Department.

8. Ministry’s Inspectorate.

9. Ministry’s Office.

10. Press Authority.

11. Broadcasting and Electronic Information Authority.

12. Publishing, Printing and Distribution Authority.

13. Grassroots Information Authority.

14. The Foreign Information Service Authority.

15. Telecommunications Authority.

16. Radio Frequency Authority.

17. National Digital Transformation Authority.

18. Information Security Authority.

19. Communications and Information Technology Industry Authority.

20. Authority of Central Posts and Telecommunications.

21. National Institute of Information and Communications Strategy.

22. Information Center.

23. VietnamNet Newspaper.

24. Information and Communications Journal.

25. Posts and Telecommunications Institute of Technology.

26. Information and Communications Public Management Institute.

The units specified in Clauses 1 thru 20 of this Article shall assist the Minister of Information and Communications in performing the state management function; the units specified in Clauses 21 thru 26 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 the law provisions.

Article 4. Effect

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

2. This Decree replaces the Government’s Decree No. 17/2017/ND-CP dated 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, chairpersons of People's Committees of provinces and centrally-run cities shall be responsible for the implementation of this Decree./.

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister

PHAM BINH MINH

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