MINISTRY OF INFORMATION AND
COMMUNICATIONS
_______________________________
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
____________________________
No: 13/2014/TT-BTTTT
Hanoi, October 06, 2014
CIRCULAR
Regulating the working relations between Inspectorate of Ministry of information and
Communications, authority assigned to perform the function of specialized inspection and
the inspectorate of Department of Information and Communications
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Pursuant to Law on Inspection in 2010;
Pursuant to Decree No. 86/2011/ND-CP dated 22/9/2011 providing detailed regulations
and guidelines for implementation of some articles of Law on Inspection;
Pursuant to Decree No. 07/2012/ND-CP dated 09/02/2012 of the Government providing
provision on the agency assigned to perform the function of specialized inspection and
specialized inspection activities;
Pursuant to Decree No. 140/2013/ND-CP dated 22/10/2013 of the Government on the
organization and operation of the inspectorate of Information and Communication;
Pursuant to Decree No. 132/2013/ND-CP dated 16/10/2013 providing regulations on the
functions, tasks, powers and organizational structure of the Ministry of Information and
Communications;
At the request of the Chief Inspectorate of Ministry of Information and Communications,
Minister of Information and Communications issued Circular on working relationship
between the Inspectorate of the Ministry of Information and Communications, authority assigned
to perform the function of specialized inspection and the inspectorate of Department of
Information and Communications
Article 1: Scope of regulation
This Circular provides the regulations on the working relations between the Inspectorate of
the Ministry of Information and Communications (thereafter called Inspectorate of the Ministry),
authority assigned to perform specialized inspection function under the Ministry of Information
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and Communications (thereafter called the authority assigned to perform the function of
specialized inspection), Inspectorate of the Department of Information and Communications of
the provinces and cities under central (thereafter called the Inspectorate of the Department).
Article 2: Subjects of application
This Circular is applicable to Inspectorate of the Ministry; Chief Inspectorate of the
Ministry; authority assigned the function of specialized inspection; Director of authority assigned
to perform the function of specialized inspection; Regional center of radio frequency
management; Director of the regional center of radio frequency management; Inspectorate of the
Department; Chief Inspectorate of the Department.
Article 3: Working relations between the Inspectorate of the Ministry and authority
assigned to perform the function of specialized inspection
1. Inspectorate of the Ministry
a) Guide, monitor and supervise the authorities assigned to perform the function of
specialized inspection, formulate inspection plan of the Inspectorate of Department and submit to
Inspectorate of the Ministry no later than November 10 each year; check and adjust the annual
inspection plan of the Department, handling the overlap of inspection plan, subjects, content and
time of inspection;
b) Inspectorate of Ministry shall preside and report to the Minister to decide to establish the
inspection teams for complicated cases that involve many sectors and for the case proposed by
the authority in the event of unsettled issues;
c) Send officers and inspectors involved in the inspection team of the Department to
perform the function of specialized inspection when proposed;
d) Check the accuracy and legitimacy of the conclusion of the inspection and resolution
after inspection; conducting inspections for the case concluded by Director of Department
assigned to perform the function of specialized inspection or Director of the regional center of
radio frequency management but when detecting signs of violation, if assigned by the Minister;
e) Direct the authority assigned to perform the function of specialized inspection to
implement inspections when there are signs of violation of the law on information and
communications at the request of the leaders of the Ministry;
f) Direct, guide and train the authority assigned to perform the function of specialized
inspection on the inspection profession of information and communications and the application
of administrative sanctions;
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g) Request the authority assigned to perform the function of specialized inspection elect
officers, inspectors of specialized inspection to join the inspection team of the Inspectorate of the
Ministry;
h) Request authority assigned to perform the function of specialized inspection to inform
and report the results of specialized inspection and processing violations periodically or
unexpectedly;
i) To request regional center of radio frequency management to prepare irregular reports on
the inspection and handling violations.
2. Authority assigned to perform the function of specialized inspection
a) Implement the guidance of specialized inspection of the Inspectorate of the Ministry;
formulate a draft of inspection plan to submit to the Inspectorate of the Ministry no later than
November 10 each year so that the Inspectorate of the Ministry can summarize and submit to the
Minister of Information and Communications for approval and implementation as planned;
b) Coordinate in the construction and adjustment of the inspection plan, to avoid the
overlap and affecting the inspected objects;
c) Implement unscheduled inspections at the direction of the Inspectorate of the ministry;
d) Elect officers and inspectors of specialized inspection to join the inspection team of the
Inspectorate of the Ministry when requested and participate in professional training conference
on specialized inspection organized by Inspectorate of the Ministry;
e) Request the Inspectorate of the Ministry to elect officers and inspectors to join the
inspection team of the Department are assigned to perform the function of specialized inspection
when necessary;
f) Timely report to the chief inspector of the Ministry on issues of inspection if it is deemed
a violation of the law or in cases it impedes or reduces the effect of the inspection;
g) Report to the Inspectorate of the Ministry on the coordination, support and professional
guidance of specialized inspection and communication of information for the inspectorate of the
Department under the direction of the Inspectorate of the Ministry;
h) Make periodical or irregular inspection reports and handle violations in the scope of
duties of the Department as specified or requested. Report shall be sent directly or via the
dispatch to Ministry of Information and Communications (Inspectorate of the Ministry).
3. Regional center of radio frequency management
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a) Formulate draft of annual inspection plan to the Authority of radio frequency
management no later than November 5 each year so that the Authority of radio frequency
management can review, summarize and submit to the Inspectorate of the Ministry on time as
prescribed ;
b) Implement unscheduled inspections at the direction of the Inspectorate of the Ministry;
c) Elect officers and inspector of specialized inspection to join the inspection team of the
Inspectorate of the Ministry when requested; participate in professional training of specialized
inspection when organized by Inspectorate of the Ministry;
d) Make unscheduled inspection report to the Inspectorate of the Ministry when requested.
Report shall be sent directly, via dispatch or by mail to the Ministry of Information and
Communications (Inspectorate of the Ministry).
Article 4: Working relation between the Inspectorate of the Ministry and the
Inspectorate of the Department
1. Inspectorate of the Ministry
a) Inspectorate of the Ministry shall send the Inspection plan of the Ministry directly or by
post to the Inspectorate of the Department no later than November 30 each year as a basis for the
Inspectorate of the Department to formulate inspection plan of the Department;
b) Direct, guide and train specialized inspection profession and handle violations
Inspectorate; request and direct unscheduled inspection in cases relating to information and
communications on the management scope of the Department;
c) Implement inspection for the cases concluded by of provincial People's Committee in
the relating to information and communication when detecting signs of law violation at the
request of the Minister;
d) Inform or coordinate with the Inspectorate of Department to implement inspection,
examination and handling of violations of organizations and individuals engaged in the field of
information and communication within management scope of the Department;
e) Request Service Inspectorate election officials and inspectors involved the inspection
team of the Inspectorate;
f) Elect officers and inspectors to join the inspection team of the Inspectorate of
Department when requested.
g) Request Inspectorate of Department to inform, report the results of the inspection, settle
complaints and denunciations relating to information and communications as prescribed; prepare
unscheduled report on specialized inspection.
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2. Inspectorate of Department
a) Based on the inspection plan of the Ministry, the Inspectorate of Department formulate
inspection plan of the Department and submit to Director of the Department for approval not
later than December 15 each year, avoid overlap in scope, object , content, time of inspection;
b) Submit Inspection plan of the Department in person or by post to Inspectorate of the
Department no later than December 20each year so that Inspectorate of the Ministry can monitor,
supervise and inspect the implementation thereof;
c) Implement the direction and guidance of specialized inspection of the Inspectorate of the
Ministry;
d) Elect officers and inspectors to join the inspection team of the Inspectorate of the
Ministry when requested and participating in training specialized inspection profession organized
by the Inspectorate of the Ministry;
e) Request the Inspectorate of the Ministry to elect officers and inspectors to join the
inspection team of the Inspectorate Department if necessary;
f) Implement unscheduled inspection at the direction of the Inspectorate of the Ministry;
g) To coordinate with the Inspectorate of the Ministry to monitor and supervise the
implementation the inspection conclusion or enforcement of administrative sanctions against
organizations and individuals within the management scope of the Department;
h) Prepare regular or unscheduled report on specialized inspection to the Inspectorate of
the Ministry as prescribed or requested. Such report shall be sent directly or by post to the
Ministry of Information and Communications (Inspectorate of the Ministry).
Article 5: Working relations between the authorities assigned to perform the function
of specialized inspection and the Inspectorate of Department
1. Authority assigned to perform the function of specialized inspection
a) Providing guidance of specialized inspection in the field of management of the
Authority to the Inspectorate of the Department under the direction of the Inspectorate of the
Ministry;
b) Elect officers and inspectors of specialized inspection to join the inspection team of the
Inspectorate of Department when requested;
c) Request Inspectorate of Department to elect officers and inspectors to join the inspection
team of the authority assigned to perform the function of specialized inspection;
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d) Inform or propose the Inspectorate of Department about coordination to implement
inspections, checks within the management scope of the Department;
e) Coordinate with Inspectorate of Department to monitor and supervise the
implementation of the conclusion of the inspection or enforcement decisions of administrative
sanctions against organizations and individuals within the management scope of the Department.
2. Regional center of radio management
a) Coordinate, support specialized technical equipment to perform inspection of frequency,
radio devices during the inspections presided by the Department when requested;
b) Inform or propose Inspectorate of Department about coordination to implement
inspections, checks within the management scope of the Depart;
c) Elect officers and inspectors of specialized inspection to join the inspection team of the
Inspectorate of Department when requested;
d) Request Inspectorate of Department to elect officers and inspectors to join the inspection
team of the regional center of radio frequency management;
e) When a sanction of administrative violations is made, such sanction shall be submitted
to the Authority of Radio Frequency Management to report; and submit to the Department of
Information and Communications to know and coordinate for handling if necessary.
3. Inspectorate of Department
a) Submit the inspection plan of Department in person or by to the authority assigned to
perform the function of specialized inspection no later than December 20 each year to monitor
and coordinate when necessary;
b) Preside or coordinate with authority assigned to perform the function of specialized
inspection to conduct inspections and specialized inspection in the field of information and
communication within the management scope of the Department;
c) Elect officers and inspectors to join Authority assigned to perform the function of
specialized inspection when requested;
d) Request the authority assigned to perform the function of specialized inspection elect
officers and inspectors of specialized inspection involved the inspection team of the Inspectorate
of the Department;
e) If the inspections have its content relating to the functions of state management of
authority assigned to perform the function of specialized inspection, that such inspections must
first be notified to the authority thereof to know and coordinate to handle if necessary;
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f) Coordinate with the authority assigned to perform the function of specialized inspection
to monitor, supervise the implementation nof inspection conclusions or enforcement of
administrative sanctions against organizations and individuals within the management scope of
the Department;
g) When decision of an administrative sanction of violations related to radio frequency is
made, and then such decision shall be submitted to regional center of radio frequency
management and coordinate to handle if necessary.
Article 6: Implementation effect
1. This Circular comes into effect as from November 25, 2014.
2. During the implementation, if any problem arises, it should be reported to the Ministry
of Information and Communications for consideration and resolution. /.
Recipients:
-
-
THE MINISTER
Prime Minister, the Deputy Prime Ministers;
-Office of the Government
Supreme People's Procuracy of Vietnam;
Government Inspectorate
Minister and Deputy Ministers;
Department of Information and Communications of
provinces, cities under the Central;
Bureau of Legal Normative Documents Post-Review
(Ministry of Justice);
Gazette, Government Portal;
Portal of Ministry of information and communications;
Departments, units under Ministry of information and
communications;
Archives: Filing documents
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(Signed)
Nguyen Bac Son