GOVERNMENT No 132/2013/ND-CP SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness Hanoi, October 16th, 2013 DECREE On regulating functions, duties, rights and organizational structure of Ministry of Information and Communications Pursuant to Law on Government Organization dated 25/12/2001; Pursuant to Decree No 36/2012/ND-CP dated 18/4/2012 of Government on regulating functions, duties, rights and organizational structure of Ministry and Agencies equivalent to Ministry; As request by Minister of Information and Communications; Government issues Decree on regulating functions, duties, rights and organizational structure of Ministry of Information and Communications Article 1. Position and functions Ministry of Information and Communications is an agency of Government performing state management function in terms of press; publishing; post and telecommunication, radio frequency; information technology, electronics; broadcasting and television; media; external information; basic information and national information infrastructure; performing State management in terms of public services in fields, sectors within state management scope of Ministry. Article 2. Duties and rights Ministry of Information and Communications performs duties and rights prescribed in accordance with Decree No 36/2012/ND-CP dated 18/4/2012 of Government on regulating functions, rights and organizational structures of Ministry and Agencies equivalent to Ministry and duties & rights specific as follows: 1. Submit to Government project of laws, ordinances, draft resolution of National Assembly, the Standing Committee of the National Assembly; draft decree of Government in accordance with program and plan for building law annually of the Government and projects and proposals in accordance with allocation of Government and Prime Minister. 2. Submit to Government and Prime Minister long-term, 5-year, annual development strategies, planning and plans; national targeted programs, action plans and national projects and programs; programs and projects aiming at providing public services and public profession services under sectors and fields; decisions, directives and other documents under jurisdiction of control of Prime Minister. 3. Issue circular, decisions, directives and other documents on managing sectors and areas under state management of the Ministry 4. Direct, instruct, inspect, check and be responsible for organizing implementation of legal documents, strategies, planning and planed approved under state management scope of the Ministry; inform, communicate, popularize and provide education on law on sectors and areas under statement management scope of the Ministry. 5. In terms of press (including printing newspapers, electronics newspaper, broadcast, television, and press news): a) Guide, direct, organize implementation of planning press network across the country, representative offices in foreign countries of Vietnamese press agencies approved by Prime Minister; b) Organize press exchange, manage information of press in accordance with regulations of law on press; c) Organize implementation of regulations for speaker providing information for the press in accordance with regulation of Prime Minister; d) Issue regulations in organization of contest, festivals, and conferences on press; e) Regulate depositary press and manage national press deposit storage f) Issue, expire, modify, supplement, suspend, cancel and recover license of press; license for publishing news, articles, additional articles, addendums, special programs in foreign countries issued in Vietnam; approve press conferences g) Instruct activities of press and correspondents across nation, coordinate with relevant agencies to manage activities of Vietnam press relating to foreign countries and press activities of foreigners and foreign organizations in Vietnam; h) Agree about appointment and dismiss Chief editor, Vice chief editor, General director, Deputy General Director, Directors, Vice directors of press agencies; i) Regulate standards, profession, and qualification of head of press agencies; k) Manage broadcast and television services in accordance with regulations of law. 6. In terms of publishing (including publishing, printing and issuing); a) Instruct, direct and organize implementation of planning publishing, printing and issuing publications network; policies on publishing activities approved by Prime Minister; b) Regulate in details conditions for establishing organizations dealing with publishing, printing and issuing publications in accordance with regulations of law; c) Issue, expire, modify, supplement, suspend, cancel and recover license for establishing publishers, license for placing representative offices of foreign publishers in Vietnam; license for placing representative foreign organizations in Vietnam in area of issuing publications in accordance with regulations of law; d) Issue, expire, modify, supplement, suspend, cancel and recover license for publishing nonbusiness documents; license for products under licensing; license for printing publications for foreign countries; licenses for importing printing devices; license for dealing in exporting and importing publications; license for exhibitions and market fairs for exporting publications in accordance with regulations of law; manage announcement and popularization to foreign countries under jurisdiction; e) Certify and manage publishing plan registration of publisher, register printing activity to products not subject to license, register list of imported publication of publication importers; f) Organize inspection of publications in accordance with regulation of law; organize inspecting depositary publications and manage deposit of publications; organize order and deliver publications to localities subject to invested objects of the State; organize fair of publication at national level and market publications to foreign countries in accordance with regulations of the law; g) Decide to suspend, recover and prohibit circulation and destroy publications under law violation; h) Issue, expire and recover editor card in accordance with regulations of law; i) Manage publishing support activities in accordance with regulations of law; j) Agree about appointment and dismiss Directors and Chief editor of publisher; k) Regulate standards, qualification and profession of head of publishing agencies and editors of publishers 7. In terms of foreign information: a) Chair and coordinate with Ministry of Foreign Affairs and relevant Ministries to perform state management on foreign information; b) Build and organize implement strategies, planning, plans and programs on foreign information; c) Guide contents of external relation information for press agencies of Vietnam; guide Departments of Information and Communications to management foreign information; 8. In terms of advertisement: Perform duties on managing advertisement on press, network medium, publication and integrated advertisement on products, post and telecommunication & information technology services in accordance with regulations of law; issue, expire, modify, supply and recover license for channels advertisement programs for language and image newspaper. 9. In terms of post: a) Instruct, direct and organize implementation of plans, projects, proposals and programs on post; policies on post activities; list of public post services and mechanisms for supporting enterprises appointed to perform supplying public post services in accordance with regulations of law; b) Promulgate under jurisdiction charge of public post services, individual post service scope; technical standards on post activities; c) Issue, expire, modify, supplement, suspend and recover license for importing post stamps, post license, certify post activities in accordance with regulation of law; d) Manage information safety in post activities; competiveness and disputes in post settlements; e) Regulate and manage post stamps; f) Regulate and manage public post network; supply of public post services; g) Regulate and manage national post zip code, code of Vietnamese post stamps; h) Regulate and manage quality and charge of post services. 10. In terms of telecommunication: a) Instruct, organize and inspect implementation of planning development of telecommunication and Internet; mechanisms, policies on development of telecommunication and Internet; manage telecommunication market and organize implementation of public telecommunication service supply programs; b) Inspect contents of pre-feasibility study reports, feasible study reports of programs, projects, proposals for investment in development of telecommunication technical infrastructure and Internet under jurisdiction; c) Guide and manage competiveness and settle disputes in field of telecommunication and Internet; d) Issue, expire, modify, supplement, temporarily suspend, suspend and recover kinds of licenses on telecommunication in accordance with regulation of law; e) Promulgate and organize implementation of planning, regulate managing number storages, domain names and Internet address; decisions on appointment, number storage recovery and domain name, Internet address; g) Promulgate and organize implementation of regulations on managing connections of telecommunication network; h) Promulgate under jurisdiction technical standards; manage quality of products, equipment, network and services in field of telecommunication and Internet; i) Manage supplying public telecommunication services; k) Guide building and implementing planning passive telecommunication infrastructure; l) Manage measurement system in field of telecommunication; m) Establish, manage, operate, exploit and ensure safety for server system, national domain name, national Internet transfer station; 11. In terms of radio frequency: a) Guide and organize implementation of planning wave transmission and broadcasting; plan spectrum of national radio frequency approved by Prime Minister; b) Chair and coordinate with Ministry of National Defense, Ministry of Public Security to divide bands in order to serve national defense and security to submit to Prime Minister for approval; c) Promulgate planning band, frequency division multiplexing channels and frequency use; regulate conditions for allocation, designation and use of radio frequency and radio band; d) Promulgate standards on radio equipment and standards on radio radiation and electromagnetic compatibility. e) Regulate training and licensing certificate of radio staff; f) Inspect and control radio frequency and equipment, process harmful crepe; manage electromagnetic compatibility to radio equipment and system of equipment; i) Register international frequency and internationally coordinate in radio frequency and satellite orbits. 12. In terms of electronic information: a) Promulgate under jurisdiction and organize implementation of regulations on electronic games and services of supplying information & applications on telecommunication network and Internet; b) Issue, expire, modify, supplement, temporarily suspend, suspend and recover kinds of licenses and certificates of electronic information. 13. In terms of information technology and electronics (including industry, IT application and information safety): a) Guide, direct and organize implementation of planning, programs, projects, proposals on IT, electronics; mechanisms, policies, regulations on managing and supporting software industry, electronic hardware industry, number content industry, IT services; list and regulations for exploiting national database; regulations on managing investment in IT applications using state budget; b) Promulgate under jurisdiction mechanisms, policies on management, regulations relating to IT, electronics products and service, national database; c) Issue, expire, modify, temporarily suspend, suspend and recover kinds of licenses, certificates and certificates on IT, electronics; manage quality in IT application activities, supply service, computer network and products, IT and electronic products; d) Chair and coordinate to build policies on supporting training, development of IT human resources; IT personnel standards, certificates, licenses for majors relating to IT; e) Organize building IT infrastructure to serve IT application to create foundation for development of electronic government in association with administration renovation program; f) Manage program of applying and developing IT and electronics; electronic government frame and National standard architecture of information; g) Function organizing supply of national digital signatures authentication service in accordance with regulation of law; h) Organize inspecting, assessing and ranking IT application level in state agencies, organizations and enterprise; i) Regulate and manage information safety; ensure information safety for information system and Internet; ensure information safety for IT application and development activities; prevent and fight against spams; organize implementation of functions of managing and coordinating incidents response activities nationwide; k) Regulate and manage operations, business, export and import of information safety products and services in accordance with regulations of law; organize inspecting and assessing to issue certificate of information safety. 14. In terms of basic information: a) To guide, direct and organize implementation of planning and plans for communication of information; b) Build or inspect communicated information contents under function and duties of the Ministry in accordance with directions of Party, policies and laws of the State and guidance for implementation; c) Coordinate in guiding and organize communication system at national level. 15. In terms of information and telecommunication infrastructure: a) Guide and organize implementation of regulations of law on ensuring safety, information security and telecommunication; b) Issue under jurisdiction measures in order to ensure information and telecommunication infrastructure, information security; mechanisms, policies, regulations on using shared information and telecommunication infrastructure; c) Manage safety of telecommunication equipment and infrastructure in accordance with regulation of law; coordinate with Ministry of National Defense and Ministry of Public Security to ensure security and safety in key works relating to national security in areas of telecommunication and information technology. 16. Coordinate and organize implementation of regulations of law on intellectual property to press products, coded broadcasting and television programs, publications, post stamps, IT & telecommunication products and services; inventions and patients of fields and sectors under management of Ministry; 17. Organize implementation of rewards and honors under sector and field of information and telecommunication after approval of Prime Minister; decide under jurisdiction rewards and honors under sector and field of information and telecommunication; organize implementation of Competiveness – Rewards in accordance with regulations of law. 18. Decide and organize implementation of measures preventing and disabling information and telecommunication activities under law violation. 19. Promulgate national technical standards, request announcing national standards in sectors and fields under management scope of the Ministry; promulgate legal documents on quality management in field under management scope of the Ministry; organize participation in mutual agreement on recognition among countries. 20. Licensing export and import of goods under managing sectors and fields of the Ministry in accordance with regulation of law; issue, expire, temporarily suspend, suspend and recover certificates and licenses of quality of networks, works, products and services in sectors and fields under management of the Ministry. 21. Decide measures for mobilization of networks and services, facilities, information and telecommunication equipment to serve emergencies in national security, natural disasters, and sabotages under authorization of Government and Prime Minister. 22. Direct controlling normally-used and separately –used information networks to serve direction and control of Party and State’s agencies. 23. Manage and deploy investment programs, proposals and projects in sectors and fields under management scope of the Ministry in accordance with regulation of law; build and issue economic-technical criteria, expenses and other criteria under management of the Ministry; implement and manage specialized statistics in accordance with regulations of law. 24. Build and consolidate annual development investment plans, annual expenses and income estimation of the Ministry; coordinate with Ministry of Finance to prepare and consolidate expenses and incomes in sectors and field under management scope, expenses for profession (press, publish, basic external relation information) of Ministries and agencies equivalent to Ministry, agencies under Government and provinces & cities under Central for Government to submit National Assembly; manage handed assets, organize implementation and estimate state budget and capital sources in accordance with regulation of law. 25. Perform external relations, international integration and cooperation in sector and fields under management scope of the Ministry in accordance with regulation of the law. 26. Organize building, implementing scientific research, applying scientific and technological progresses, developing high-tech products, modifying technology and protecting environment in sectors and fields under management scope of the Ministry; manage implementation of supply of public services and those using the state budget managed by the Ministry in accordance with regulation of law. 27. Decide policies and specific measures and direct implementation of operation mechanisms of public service organizations of sectors and fields under management of the Ministry in accordance with regulations of law; manage and direct operations of non-business organization under the Ministry. 28. In terms of enterprise: a) Promulgate or submit to the competent authorities to issue mechanisms and policies to support enterprise in field of information and telecommunication and coordinate with relevant authorities and organizations to direct, guide and inspect implementation; b) Approve of submit to competent authorities to approve the master proposal on re-construction, proposal on renovation and development of state enterprises involving in information and telecommunication; organize and direct implementation in accordance with allocation and decentralization; c) Guide and inspect implementation of regulations to conditional sectors, business line and services and handle violations under jurisdiction; d) Fulfill rights, responsibilities and obligations for the state owner to state-owned enterprise and part of capital invested in other enterprises in accordance with regulations of the law. 29. Fulfill responsibilities and rights to non-governmental associations and organizations under State management scope of the Ministry in accordance with regulations of the law 30. Inspect, check and settle claims, denunciations, handle law violation acts in sectors and field under jurisdiction of the Ministry; organize preventing and fighting corruption and waste, taking saving into practice in agencies and units under the Ministry 31. Decide and organize implement plan for administration renovation of the Ministry in accordance with programs and plan for state administration renovation of Government and direction of Prime Minister; decide and direct to renovate ways of working, office modernization and IT application serving activities of the Ministry; report implementation of administration renovation under management of the Ministry in accordance with regulation 32.Organize examination for increasing level of civil staffs majoring in information and telecommunication; promulgate standards for profession and qualification of civil staffs under sectors and field for the Ministry who are assigned and classified for management after inspection of Ministry of Home Affairs; build standards for profession and qualification of civil servant level under sector and fields of the Ministry assigned and classified for management so that Ministry of Home Affairs issue; issue standards for profession and qualification of head of agencies under sectors and fields of People’s Committee of province and cities under central. 33. Manage organization of structure and staffing the civil servants, job vacancies, civil staffs structures in accordance with title of job and number of staffs in public non-business units; decide to allocate, retire, assign, appoint, dismiss, award, discipline; policies, training, fostering officers, civil servants and staffs; recruit, use and salary policies for officers, civil servants and staffs under jurisdiction. 34. Train and develop human resources of fields under management of the Ministry; forecast demand and plan to develop personnel for areas of information technology, communication, press, publishing; coordinate with Ministry of Education and Training to manage training institutions under the Ministry in accordance with regulation of the law. 35. Fulfill other duties and rights in accordance with regulation of the law. Article 3. Organizational structure of the Ministry 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 rewards 9. Department of Personnel and Organization 10. Department of Base Information 11. Ministry Inspectorate 12. Ministry office 13. Authority of Telecommunication 14. Authority of Radio Frequency Management 15. Authority of Information Security 16. Authority of Information Technology Application 17. Authority of Press 18. Authority of Publication 19. Authority of Broadcasting and Electronics information 20. Authority of Foreign Information Service 21. Authority of Central Posts 22. Authority of South Affairs 23. National Institute of Information and Telecommunication Strategy 24. Information Technology and Communications Journal 25. Vietnamnews Post Press 26. VTC Multimedia Corporation 27. Information Center 28. Center for Press and International Communications Cooperation 29. Information and Communications Public Management School Units prescribed in from Clause 1 to Clause 22 of this Article are organization supporting the Minister function state management; units prescribed from Clause 23 to Clause 29 of this Article are organizations under the Ministry. The Minister of Information and Communications regulates functions, duties, rights and organizational structures of entities in accordance with regulations of the law. Department of Personnel and Organization, Department of Planning and Finance, Department of Science and Technology must not be allocated into more than 4 rooms The Minister of Information and Communications submits Prime Minister to promulgate list of non-business units, state financial organizations and other press agencies under the Ministry Article 4. Effectiveness This Decree comes into effect from 02/12/2013; removing Decree No 187/2007/ND-CP dated 25/12/2007 of Government regulating functions, duties, rights and organizational structures of the Ministry of Information and Technology; Decree No 50/2011/ND-CP dated 24/6/2011 of Government on modifying Decree No 187/2007/ND-CP dated 25/12/2007 of Prime Minister and previous regulations contrasting to this Decree. Article 5. Transfer provision Authority of Telecommunication and Authority of Radio Frequency Management continue to implement in accordance with applicable regulations until Minister of Information and Communications decides functions, duties, rights and organizational structures of these units. Article 6. Responsibility for implementation Ministers, Heads of agencies equivalent to the Ministry, Heads of agencies under Government and Chairman of People’s Committee of provinces and cities under central are responsible for implementing this Decree./. ON BEHALF OF THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung