Decree No. 187/2007/ND-CP dated December 25, 2007 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, December 25, 2007
DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATION
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;
At the proposal of the Minister of Information and Communication and the Minister of Home Affairs,
Article 1. Position and functions
The Ministry of Information and Communication is a governmental agency, performing the function of state management of the press; publication; post and delivery; telecommunications and Internet; wave transmission; radio frequencies; information and electronic technologies; radio and television broadcasting and national information and communication infrastructures; and state management of public services in the branches or domains falling within the scope of its state management.
Article 2. Tasks and powers
The Ministry of Information and Communication performs the tasks and powers specified in the Governments Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies, and the following specific tasks and powers:
1. To submit to the Government bills, draft resolutions of the National Assembly, draft ordinances, draft resolutions of the National Assembly Standing Committee; draft resolutions and decrees of the Government under its approved annual legislative programs or plans and projects or schemes assigned by the Government or the Prime Minister.
2. To submit to the Prime Minister long-term, five-year and annual development strategies, planning and plans; national target programs, action programs and important national projects or works belonging to branches or domains; draft decisions and directives of the Prime Minister.
3. To promulgate directives, decisions and circulars within the scope of its state management.
4. To direct, guide, inspect and organize the implementation of legal documents, approved strategies, planning and plans falling within the scope of its state management; to inform, propagate, disseminate and educate law on branches and domains under its state management.
5. With regard to the press:
a/ To guide, direct and organize the implementation of the plannings on press networks nationwide and foreign-based representative offices of Vietnamese press agencies, which have been approved by the Prime Minister;
b/ To manage various types of press nationwide, including printed press, audio press, visual press, electronic press, news and website information;
c/ To assume prime responsibility for holding press briefings and managing press information according to legal provisions on press;
d/ To observe the regulations on speakers supplying information to the press under the Prime Ministers decentralization and authorization;
e/ To promulgate the regulations on organization of press contests;
f/ To provide for the deposit of newspapers and manage the national newspaper depository;
g/ To grant, extend, suspend, cancel and withdraw permits for press activities; permits for publication of special issues, additional issues, supplements, special programs, additional programs; press cards; to grant permits for distribution of overseas-published newspapers in Vietnam;
h/ To provide for activities of the press and journalists nationwide, to coordinate with concerned agencies in managing Vietnamese presss activities related to foreign countries and press activities of foreigners and foreign organizations in Vietnam;
i/ To reach agreement on the appointment, relief from duty of editors in chief, deputy-editors in chief, directors general, deputy-directors general, directors, deputy-directors of press agencies;
j/ To prescribe the standards, qualifications and professional operations of the heads of press agencies.
6. With regard to publication (including publishing, printing and distribution of publications):
a/ To guide, direct and organize the implementation of the planning on networks of publishing, printing and distribution of publications; policies on publishing activities already approved by the Prime Minister;
b/ To specify the establishment and business conditions on publishing, printing, distribution of publications in accordance with law;
c/ To grant, extend, suspend, cancel and withdraw permits for establishment of publishing houses, permits for opening of representative offices of foreign publishing houses in Vietnam; permits for opening of representative offices of foreign organizations in Vietnam in the field of distribution of publications in accordance with law;
d/ To grant, extend, suspend, cancel and withdraw permits for publishing non-commercial documents; permits for activities of printing products requiring permits; permits for printing of publications on order placed by foreign countries; permits for import of printing equipment; permits for publication import business activities; permits for exhibitions, and trade fairs on publications in accordance with law; to manage the publicization and dissemination of works to foreign countries according to its competence;
e/ To receive and manage the registration of publishing plans of publishing houses, registration of lists of imported publications of publication import business establishments;
f/ To manage the deposit of publications and organize the reading of deposited publications;
g/ To decide on the termination, recovery, confiscation, circulation ban and destruction of illegal publications;
h/ To reach agreement on the appointment and relief from duty of directors and editors in chief of publishing houses;
i/ To prescribe standards, qualifications and professional operations of the heads of publishing agencies.
7. With regard to advertisement on press, websites and publications:
a/ To grant, amend, supplement or recover permits for advertisement on the press (including printed press, visual press, audio press and electronic press), on websites and publications;
b/ To guide the advertisement on the press, websites and publications;
c/ To inspect, examine, and handle violations by agencies, organizations or individuals conducting activities of advertisement on the press, websites and publications.
8. With regard to post and delivery:
a/ To guide, direct and organize the implementation of post and delivery development strategies and plans; lists of public services in the post and delivery domain and mechanisms in support of enterprises to provide public services and other public obligations in the post and delivery domain, which have been approved by the Prime Minister;
b/ To promulgate according to its competence public service charge rates, scope of exclusive services in the post and delivery domain; to decide on technical standards on service quality; to prescribe the national post numbering set;
c/ To grant, extend, suspend, cancel and withdraw assorted permits for post and delivery activities; to examine service quality;
d/ To provide for and manage post and delivery safety and security; competition and dispute settlement in the post and delivery domain;
e/ To prescribe and manage postage stamps;
f/ Toassume prime responsibility for placing orders to enterprises on the provision of public services in the post and delivery domain; to inspect and supervise the provision of public services and make annual settlements.
9. With regard to telecommunications and Internet:
a/ To guide, direct and organize the implementation of the national planning on telecommunications and Internet development; important mechanisms and policies for telecommunications and Internet development in each period; mechanisms for management of telecommunications and internet charge rates; to prescribe conditions for investment in the telecommunications domain; to provide for the re-sale of telecommunications services; programs on provision of public telecommunications services already approved by the Prime Minister;
b/ To promulgate according to its competence plannings and regulations on management of the number budget and Internet resources; regulations on telecommunications service charge rates, and decisions on allocation and recovery of numbers and Internet resources;
c/ To grant, extend, suspend, cancel or withdraw assorted telecommunications permits according to regulations;
d/ To manage the number budget and Internet resources;
e/ To manage telecommunications and Internet service quality and charge rates;
f/ To manage the inter-connection of telecommunications networks;
g/ To provide for and manage the competition and dispute settlement in the telecommunications and Internet domain;
h/ To manage the certification of standard conformity for telecommunications equipment and telecommunications works;
i/ To manage the provision of public telecommunications services;
j/ To operate and exploit with security and safety the system of national domain name servers.
10. With regard to wave transmission and radio frequencies:
a/ To guide, direct and organize the implementation of the wave transmission planning; the national radio frequency spectrum planning, which have been already approved by the Prime Minister;
b/ To perform the tasks of the Chairman of the Radio Frequency Committee; to assume prime responsibility for, and coordinate with the Defense Ministry and the Public Security Ministry in, the division of frequency bands for defense and security purposes and submit it to the Prime Minister for approval;
c/ To promulgate the frequency band planning and channel planning; to prescribe conditions for allocation, setting and use of radio frequencies and radio wave bands;
d/ To promulgate standards on transmission equipment; radio equipment, standards on radio radiation and magnetic compatibility;
e/ To prescribe technical conditions and conditions for exploitation of assorted radio equipment for conditional use, to prescribe technical conditions (frequencies, transmission capacity) for radio equipment before producing or importing them for use in Vietnam;
f/ To provide for the training and granting of certificates of radio operators;
g/ To grant, extend, suspend, cancel or withdraw assorted transmission and radio frequency permits;
h/ To inspect and control radio frequencies and equipment, to handle harmful interferences; to manage magnetic compatibility of radio equipment and radio equipment systems;
i/ To register international frequencies, to conduct international coordination in radio frequencies and satellite orbits.
11. With regard to information and electronic technologies:
a/ To guide, direct and organize the implementation of programs, schemes and projects on information and electronic technologies; mechanisms and policies in support of development of software, hardware, electronic and content industries; the list and regulations on exploitation of national databases; regulations on management of investment in the application of information technology with the use of state capital, which have been already approved by the Prime Minister:
b/ To promulgate according to its competence management mechanisms and policies and regulations on information and electronic technology-related products and services;
c/ To uniformly manage programs on application and development of information and electronic technology; the electronic government conformity frame and standard architecture of national information systems; to manage information safety and security in the application of information technology in accordance with law;
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