Nghị định 17/2017/NĐ-CP chức năng nhiệm vụ quyền hạn cơ cấu tổ chức

DECREE

ON FUNCTIONS, DUTIES, POWERS AND ORGANIZATIONAL STRUCTURE OF MINISTRY OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Governmental Organization dated June 19, 2015;

Pursuant to the Government's Decree No. 123/2016/ND-CP dated September 01, 2016 on functions, duties, powers and organizational structure of ministries and ministerial-level agencies;

At the request of the Minister of Information and Communications;

The Government hereby promulgates a Decree on functions, duties, powers and organizational structure of the Ministry of Information and Communications.

Article 1. Position and functions

The Ministry of Information and Communications (hereinafter referred to as “the Ministry”) is a Governmental agency exercising state management of press; publication, printing and release; postal services; telecommunications; radio frequencies; information technology and electronics; broadcasting, electronic information, news, foreign information services, information at grassroots level and public services of sectors under its state management.

Article 2. Duties and powers

The Ministry of Information and Communications has the duties and powers prescribed in the Government’s Decree No. 123/2016/ND-CP dated September 01, 2016 on functions, duties, powers and organizational structure of ministries and ministerial-level agencies and the following:

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

2. Propose strategies, planning, long-term, mid-term and annual development plans; national target programs, actions programs, projects and construction works of national importance, programs and schemes for provision of public utilities and services; decisions, directives and other documents within the competence of the Prime Minister to the Government and the Prime Minister.

3. Promulgate circulars, decisions, directives and other documents on management of sectors under its state management.

4. Provide direction and guidelines, inspect and take responsibility for implementation of approved legislative documents, strategies, planning and plans under its state management; disseminate laws governing sectors under its state management.

5. Regarding press (including printed newspapers, online newspapers, broadcasting and newsletters):

a) Provide guidance on planning for development and management of press nationwide and of overseas representative offices of Vietnamese press agencies approved by the Prime Minister, and organize implementation thereof;

b) Provide information to the press and manage press information; measure, inspect and release figures related to press activities as prescribed by law;

c) Provide technical guidelines on measures and procedures for preservation of information and information management systems related to implementation of regulations of laws on information access;

d) Promulgate regulations on organization of press contests, seminars and festivals;

dd) Inspect legal deposit of press works; manage the national system of legal deposit of printed press works; carry out electronic deposit of audio, visual and electronic newspapers as per the law; and inspect press release of administrative authorities as prescribed by law;

e) Issue, extend, amend, suspend and revoke licenses pertaining to the press and broadcasting; issue and revoke press cards; approve press conferences according to regulations of press laws;

g) Provide guidance on operations of the press and journalists nationwide, and cooperate with relevant regulatory bodies in management of Vietnamese press operations related to other countries and press operations of foreign individuals and organizations in Vietnam;

h) Give opinions on appointment of heads of press agencies according to regulations of press laws;

i) Manage contents, quality and price of broadcasting services as prescribed by law.

6. Regarding publishing (including publication, printing and release):

a) Provide guidelines for planning for networks for publication, printing and release of publications approved by the Prime Minister and organize implementation thereof;

b) Issue, extend, amend, suspend and revoke licenses pertaining to publication, printing and release as prescribed by laws;

c) Confirm and manage publication registration of publishers, registration of operation of printing facilities, registration of printing for products exempt from licensing, registration of release, registration of electronic publication and release of electronic publications as prescribed by law;

d) Appraise publications as prescribed by law; inspect publications in legal deposit and manage legal deposit of publications; procure and deliver publications to areas with exceptional socio-economic difficulties, remote and isolated areas, mountainous areas, border areas and islands; organize national publication fairs and manage overseas release as prescribed by law;

dd) Decide suspension, revocation, confiscation, prohibition of circulation and disposal of publications violating regulations of laws;

e) Issue, extend and revoke editor licenses as per the law;

g) Manage activities of service to publishing as prescribed by law;

h) Give opinions on appointment and dismissal of general directors (directors) and editors-in-chief of publishing houses.

7. Regarding foreign information services:

a) Take charge and cooperate with relevant regulatory bodies in providing guidance for and direct implementation of strategies, planning, plans, programs and schemes concerning foreign information services;

b) Provide guidelines on contents and provision of foreign information services for Vietnamese press and news agencies.

c) Preside over inspection and assessment of foreign information services of other ministries, ministerial-level agencies, Governmental agencies, People’s Committees of provinces and central-affiliated cities, and domestic and foreign press agencies and publishers;

d) Develop mechanisms for cooperation, exchange, provision and sharing of information between state agencies and press agencies;

dd) Monitor and submit consolidated reports to the Prime Minister on correction of and explanation for erroneous information about Vietnam.

8. Regarding advertising:

a) Manage advertising via the press, online advertising, advertising via publications and advertising via postal, telecom and IT products and services as prescribed by law;

b) Issue, extend, amend and revoke license to operate infomercial channels and programs for audio newspapers and visual newspapers; and notification of release of advertising inserts for printed newspapers.

9. Regarding electronic information:

a) Manage gaming services, information content services and applications for information provision on the telecommunications network and the Internet as prescribed by law;

b) Issue, extend, amend, suspend and revoke licenses and certificates pertaining to online games and information as per the law.

10. Regarding grassroots information and district-level broadcast station systems:

a) Provide guidelines for and organize implementation of strategies, planning and plans concerning grassroots information;

b) Ex officio develop communication contents and provide guidelines on deployment of such communication;

c) Provide guidance on development and operation of grassroots information systems, including commune-level radio stations; grassroots information newscasts; non-commercial documents serving grassroots information activities; information delivered by speakers and communicators for grassroots information; public bulletin boards; and other forms of grassroots information; and district-level broadcast stations;

d) Organize information provision, management of information contents of grassroots information systems and district-level broadcast station systems nationwide.

11. Regarding postal services:

a) Provide guidelines for mechanisms, policies, plans, projects, schemes and programs concerning postal services and organize and inspect implementation thereof; inspect list of public postal utilities, support mechanisms and provision of such utilities as prescribed by law;

b) Regulate postage and quality of public postal utilities, private postal services, public utilities concerning release of press works and postal utilities serving affiliates of the Communist Party and the State, and other postal services as per the law;

c) Manage postage stamps and control safety of postal operations intra vires;

d) Manage national postal codes and codes of Vietnamese postage stamps;

dd) Issue, amend and revoke postal licenses; issue and amend confirmation of notification of postal operations;

e) Ex officio regulate and provide guidelines for operation of public postal networks and postal networks serving affiliates of the Communist Party and the State;

g) Cooperate in management of competition and settlement of disputes pertaining to postal services, and protection of legitimate rights of postal service users as prescribed by law.

12. Regarding telecommunications:

a) Provide guidelines for and implement planning, plans, programs, mechanisms and policies for telecommunications and Internet development; manage the telecommunications market; promulgate lists of telecommunications utilities, stipulate scope, targeted users and fees thereof, formulate support mechanisms for enterprises investing in telecommunications infrastructure or providing telecommunications utilities and regulate range of such assistance according to regulations of laws; launch telecom utilities provision programs; organize and manage performance of telecommunications tasks assigned by the State;

b) Take charge and cooperate in managing and providing guidelines for competition, and handling proposals related to telecommunications; protect rights of users of telecommunications services, telecommunications applications and the Internet as prescribed by law;

c) Issue, extend, amend, suspend and revoke licenses concerning telecommunications as per the law;

d) Promulgate and implement planning and regulations pertaining to management and use of telecommunications number storages, domain names and IP addresses; distribute and revoke telecommunications number storages, domain names and IP addresses; develop and propose regulations on auction and transfer of right to use telecommunications number storages and domain names to competent authorities for promulgation, and elaborate auction of telecommunications number storages, Internet resources and list of auctioned telecommunications number storages and Internet resources;

dd) Promulgate mechanisms, policies and regulations concerning management of fees and promotions related to telecommunications and the Internet and exercise such management according to regulations of laws; control and suspend imposition of telecom fees in case a telecom enterprise imposes fees at a too high or too low rate, which destabilizes the telecom market and causes damage to legitimate rights and interest of telecom service users, other telecom enterprises and the State. Direct and provide guidance on reporting, accounting and audit regimes for the purpose of management of telecommunications and Internet fees;

e) Promulgate regulations on management of connection between telecommunications networks and organize implementation thereof;

g) Ex officio regulate operations of private telecommunications networks serving affiliates of the Communist Party and the State and provide guidelines for such operations;

h) Provide guidance on development and implementation of passive telecommunications infrastructure planning; provide guidelines for and inspect sharing and use of shared telecommunications infrastructure;

i) Provide guidelines for assurance of infrastructure safety and information security pertaining to telecommunications operations as prescribed by law;

k) Manage telecommunications and Internet quality; develop, manage and operate calibration - testing laboratories for telecommunications and the Internet;

l) Establish, manage, operate and use systems for collection and management of telecommunications figures and deploy mobile number porting;

m) Establish, manage, operate and use the national domain name server system and the Vietnam National Internet Exchange and ensure safety thereof.

13. Regarding radio frequencies:

a) Provide guidelines for transmission and broadcasting planning and organize implementation thereof; plan allocation of national radio frequencies as approved by the Prime Minister;

b) Take charge and cooperate with the Ministry of National Defense and Ministry of Public Security in allocating frequency bands for national defense and security purposes and propose such allocation to the Prime Minister for approval;

c) Promulgate frequency band planning, planning for division of frequency channels, planning for use of frequency channels, regulations on conditions for allocation, assignment and use of radio frequencies and frequency bands;

d) Control radio emission, electromagnetic compatibility and radio radiation safety as per the law;

dd) Regulate technical conditions and conditions for employment of radio equipment exempt from licensing, technical regulations (on frequencies and transmission capacity) applied to radio equipment manufactured or imported for use in Vietnam;

e) Regulate radio operator training; radio operator license; entities eligible for radio operator license, conditions and procedures for issuance, extension and re-issuance of radio operator license; recognition of maritime radio operator certificate for foreign seafarers working on vessels flying Vietnamese flag;

g) Issue, extend, amend, suspend and revoke licenses related to radio frequencies;

h) Inspect and control radio frequencies and radio equipment, and handle harmful interference;

i) Register international frequencies and advance international cooperation in radio frequencies and satellite orbits;

k) Propose regulations on auction and transfer of right to use radio frequency to competent authorities for promulgation and organize implementation thereof.

14. Regarding information technology and electronic industry:

a) Provide guidelines for strategies, planning, plans, policies, programs, schemes and projects concerning development of the IT and electronic industry and organize implementation thereof;

b) Ex officio promulgate or propose incentive policies for investment in the IT and electronic industry to competent authorities for promulgation; announce list of key IT products and formulate programs for development of such products;

c) Appraise programs, plans and projects pertaining to the IT industry, promotion of trade and investment in the IT industry, and projects on development of IT products funded by budget for science and technology of ministries, regulatory bodies and local authorities;

d) Promulgate or propose criteria for assessment and recognition of technical features and functions of IT and electronic products; and mechanisms and policies for management and development of IT zones;

dd) Issue, extend, suspend and revoke licenses and certificates pertaining to the IT and electronic industry and IT workforce; promulgate and recognize IT skill standards;

e) Promote investment and trade in the IT and electronic industry;

g) Control quality of products and services of the IT and electronic industry.

15. Regarding application of information technology and E-Government development:

a) Provide guidelines for implementation of programs, plans, schemes, mechanisms, policies and regulations concerning IT application, and regulations on management and evaluation of state investment in IT application and inspect such implementation; assist enterprises and the community with IT application;

b) Exercise state management of E-Government; establish, maintain, update and adopt the Vietnam E-Government Architecture Framework; provide guidance on development and appraisal of projects and schemes for IT application and for development of E-Government, ministerial-level E-Government architecture and provincial-level E-Government architecture; and provide guidelines for development of models of IT application all levels;

c) Develop key information systems, which connect national databases and support access thereto; provide guidelines for compliance with regulations of laws related to national databases, and inspect and evaluate such compliance;

d) Promulgate or propose regulations on information and data sharing, connection and integration between ministries, regulatory bodies and local authorities to competent authorities for promulgation, and organize implementation of such regulations; release intra vires or propose lists of shared information and data to the Prime Minister for release;

dd) Manage the national program for IT application in operations of state agencies; take charge in deploying activities of IT application in operations of state agencies, which are parts of the summary program and plan for public administrative reform;

e) Control quality of information systems and IT application; establish and manage testing laboratories for information systems;

g) Organize development, management and operation of infrastructure for IT application and the Vietnam E-Government Architecture Framework, and shared information and data systems assigned by the Government and the Prime Minister;

h) Provide guidance on deployment of IT application for the purpose of development and provision of smart city services for local authorities.

16. Regarding information security:

a) Manage information security; ensure information security for information systems and IT application and development; prevent spam mails; ensure safety of personal information on the Internet; manage and coordinate responses upon breach of information security throughout the country; take charge in coordinating emergency response to ensure national cyber information security as per the law;

b) Manage production and trade of information security products and services; organize accreditation and assessment of information security and grant of certificate of information security; issue, extend, amend, suspend and revoke license to trade information security products and services, excluding civil cryptographic products and services;

c) Develop and operate information security assurance systems; appraise cyber information security stated in dossiers on information system design and level of safety of information systems; manage surveillance of information security according to regulations of laws;

d) Regulate digital signatures and digital signature authentication intra vires; take charge and cooperate with the Ministry of Public Security and the Government Cipher Commission in management of certification authorities and the National Root Certification Authority as prescribed by law; cooperate with the Ministry of Public Security in ensuring security and safety of key facilities related to national security in the telecommunications and IT sectors.

17. Establish, manage, operate and use private postal networks and telecommunications networks, and information systems serving operations of affiliates of the Communist Party and the State.

18. Cooperate in implementation of regulations of laws on intellectual property for press products, encrypted broadcasting programs, publications, postage stamps, and IT and communication products and services; and for patents of sectors under the Ministry’s management.

19. Organize grant of awards and emulation and reward activities as per the law.

20. Decide and organize application of measures to prevent illegal information and communication activities.

21. Promulgate and organize implementation of national technical regulations, request release of national standards applied to sectors under the Ministry’s management; enter into mutual recognition agreements on conformity assessment with other countries; regulate management of conformity assessment in sectors under the Ministry’s management.

22. Manage exports and imports of sectors under its management as prescribed by law.

23. Decide measures for mobilization of information and communication equipment, services and systems in case of emergency pertaining to national security, natural disasters and enemy-inflicted destruction following assignment from the Government and Prime Minister.

24. Manage and deploy investment programs, schemes and projects of sectors under the Ministry’s management as per the law; formulate and promulgate technical-economic standards, cost quotas and other technical quotas under the Ministry’s management; organize collection and use of information for state management purpose and manage specialized statistical operations as prescribed by law.

25. Calculate annual budget estimate of the Ministry, cooperate with the Ministry of Finance in calculation and compilation of cost estimate for information services (press, publishing, foreign information affairs and grassroots information) of other ministries, ministerial-level agencies, Governmental agencies, provinces and central-affiliated cities for the Government to propose to the National Assembly; manage property received; organize distribution and settlement of state budget, funding sources and funds as prescribed by law.

26. Carry out international cooperation for sectors under its management according to the law.

27. Organize formulation and performance of plans for scientific research, application of scientific and technological advancements, development of hi-tech products, technological innovation and environmental protection in sectors under its management.

28. Regarding public services:

a) Exercise state management of public services of sectors under its state management as prescribed by law;

b) Formulate and promulgate quality standards and criteria and technical-economic standards applied to public services of sectors under its management, forming the basis for promulgation of price of public services as per the law;

c) Provide guidance on lawful provision of public services for organizations.

29. Regarding enterprises:

a) Take charge and cooperate with other ministries and regulatory bodies in proposing mechanisms and policies for development of enterprises operating in the information and communications sector to the Government for promulgation; cooperate with relevant regulatory bodies and organizations in providing guidelines for and inspecting implementation thereof;

b) Approve or propose general restructuring schemes and schemes for innovation and development of state-owned enterprises operating in the field of information and communications to competent authorities for approval; and organize implementation of such schemes ex officio;

c) Provide guidelines for enforcement of regulations for conditional business lines and services, inspect such enforcement, and handle violations within its competence;

d) Exercise rights and fulfill responsibilities and obligations pertaining to state ownership for state-owned enterprises and state capital invested in other enterprises as prescribed by law.

30. Fulfill duties and exercise powers pertaining to associations and non-governmental organizations under its state management as per the law.

31. Inspect, settle complaints and denunciation, prevent corruption and handle violations against the law as per its state management function.

32. Decide and direct implementation of plans for its administrative reform according to objectives and contents of public administrative reform programs and plans from the Government and direction of the Prime Minister; propose or decide ex officio delegation of state management in its sector.

33. Train and develop workforce of sectors under its management; forecast workforce demand in the information and communications sector and plan development of such workforce.

34. Manage its apparatus, payroll, officials and public employees; ensure remuneration and other entitlements for officials, public employees and workers under its management as per the law.

35. Fulfill other duties and exercise other powers as prescribed by law.

Article 3. Organizational structure

1. Department of Posts.

2. Department of Information Technology.

3. Department of Science and Technology.

4. Department of Planning and Finance.

5. Department of Enterprise Management.

6. Department of International Cooperation.

7. Department of Legal Affairs.

8. Department of Emulation and Rewarding.

9. Department of Personnel and Organization.

10. Department of Inspectorate.

11. Ministry Office.

12. Authority of Press.

13. Authority of Broadcasting and Electronic Information.

14. Authority of Publication, Printing and Distribution.

15. Authority of Grassroots Information.

16. Authority of Foreign Information Service.

17. Authority of Telecommunications.

18. Authority of Radio Frequency Management.

19. Authority of Information Technology Application.

20. Authority of Information Security.

21. Authority of Central Posts.

22. National Institute of Information and Conmunications Strategy.

23. Information Center.

24. Vietnam Post newspaper.

25. Vietnam Net online newspaper.

26. Information and Communications Journal.

27. Posts and Telecommunications Institute of Technology.

28. Information and Communication Public Management Institute.

The units specified from Clause 1 to Clause 21 of this Article are organizations that assist the Minister of Information and Communications with state management; the units specified from Clause 22 to Clause 28 of this Article are service providers affiliated to the Ministry. The Minister shall stipulate functions, duties, powers and organizational structure of affiliates of the Ministry according to regulations of laws.

The Department of Planning and Finance consists of 04 divisions; the Department of Legal Affairs comprises 01 division; the Department of Inspectorate includes 06 divisions; the Authority of Press is composed of 05 divisions; the Authority of Broadcasting and Electronic Information includes 06 divisions; the Authority of Publication, Printing and Distribution consists of 06 divisions; the Authority of Grassroots Information comprises 05 divisions; the Authority of Foreign Information Service is composed of 05 divisions; the Authority of Telecommunications includes 10 divisions; the Authority of Radio Frequency Management comprises 09 divisions; the Authority of Information Technology Application consists of 08 divisions; the Authority of Information Security includes 05 divisions; and the Authority of Central Posts includes 07 divisions.

Article 4. Effect

1. This Degree takes effect from the date on which it is signed.

2. This Degree supersedes the Government’s Decree No. 132/2013/ND-CP dated October 16, 2013 on functions, duties, powers and organizational structure of the Ministry of Information and Communications.

Article 5. Implementing responsibility

Ministers, heads of ministerial-level agencies, heads of Governmental agencies and chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree./.