DECREE

On the Functions, Duties, Jurisdiction and Organizational Structure

of the Ministry of Information and Communications

_____

      Pursuant to the Law on Governmental Organization dated 19th June, 2015; the Amendments to the Law on Governmental Organization and the Law on Local Administration Organization dated 22nd November, 2019;

     Pursuant to the Government’s Decree No. 123/2016/ND-CP dated 1st September, 2016 on the functions, duties, jurisdiction and organizational structure of ministries and ministry-level agencies; the Government’s Decree No. 101/2020/ND-CP dated 28th August, 2020 amending the Decree No. 123/2016/ND-CP dated 1st September, 2016 on the functions, duties, jurisdiction and organizational structure of ministries and ministry-level agencies;

    At the request of the Minister of Information and Communications;

    The Government hereby promulgates this Decree on the functions, duties, jurisdiction 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 the press; publication, printing, and distribution; audio and visual broadcasting; electronic information; news; foreign information; grassroots information; the post; telecommunications; radio frequencies; the information technology industry; information technology application; cyber security; electronic transactions; national digital transformation and state management of public services in fields and sectors under the Ministry’s state management jurisdiction.

Article 2. Duties and jurisdiction

    The Ministry of Information and Communications exercises duties and jurisdiction as prescribed in the Government’s Decree No. 123/2016/ND-CP dated 1st September, 2016 on the functions, duties, jurisdiction and organizational structure of ministries and ministry-level agencies, and the Government’s Decree No. 101/2020/ND-CP dated 28th August, 2020 amending Decree No. 123/2016/ND-CP and the following:

    1. Propose to the Government draft bills and resolutions of the National Assembly, draft ordinances and resolutions of the Standing Committee of the National Assembly; draft decrees of the Government in accordance with the annual legislation programs and plans of the Government and with resolutions, projects, and schemes as assigned by the Government and the Prime Minister.

    2. Propose to the Government and the Prime Minister development strategies, allocations, and plans for the long, medium, and annual terms; national target programs, action programs, projects, and works of national importance; programs and schemes for the provision of public utilities and services in the relevant field and sector; decisions, directives, and other documents within the jurisdiction of the Prime Minister.

    3. Promulgate circulars, decisions, directives and other documents on the management of the fields and sectors within the Ministry’s state management limits.

    4. Provide direction, guidance, inspection, and assume responsibility for the implementation of approved legal documents, strategies, allocation, programs, schemes, and plans; provide information and education on the laws governing the fields and sectors under the Ministry’s state management limits.

    5. Regarding the press (including printed newspapers, online newspapers, audio and visual broadcasting, and newsletters)

    a) Provide instructions and guidance for, and organize the implementation of, the development and management of the press, overseas representatives and permanent resident offices of Vietnamese press agencies in accordance with the development plan for the press, broadcasting, electronic information, and publication network approved by the Prime Minister;

    b) Provide information for the press and manage press information; conduct the measurement and publication of data relevant to press activities as prescribed by law;

    c) Promulgate regulations for competitions, conferences, and celebration of the press;

    d) Inspect the legal deposit of press works; manage the national printed press legal deposit system; conduct the electronic legal depositing of audio, visual, and electronic press works as prescribed by law; provide instructions for and inspect the implementation of press release of state administrative agencies as prescribed by law;

    đ) Issue, amend, suspend, and revoke licenses in the field of press and broadcasting; issue and revoke press cards; approve press conferences as prescribed by press law;

     e) Provide instructions for the operation of the press and journalists nationwide, cooperate with relevant agencies to regulate the operation of Vietnamese press agencies relating to other countries and the press operation of foreign individuals and organizations in Viet Nam;

     g) Issue opinions on the appointment of heads of press agencies as prescribed by press law;

     h) Manage the content, quality, and prices of broadcasting services as prescribed by law.

     6. Regarding publication (including publication, printing, and distribution)

     a) Provide instructions and guidance for, and organize the implementation of, the publication, printing, and distribution network in accordance with the development plan for the press, broadcasting, electronic information, and publication network approved by the Prime Minister;

     b) Issue, extend, amend, suspend, and revoke licenses in the field of publication, printing, and distribution as prescribed by law;

     c) Verify and manage the registration of publishers, printing establishments, printing of products exempt from licensing, distribution activities, electronic publishing, and electronic distribution activities as prescribed by law;

     d) Conduct the assessment of publications as prescribed by law; inspect the legal deposit of publications and manage the legal depositing of publications; place order for and transport publications to regions with arduous socio-economic conditions, remote areas, mountainous and insular areas, and border areas; organize national publications fairs and manage the export of publications overseas as prescribed by law;

     đ) Suspend, recall, confiscate, prohibit from circulation, and dispose of illegal publications;

     e) Issue, extend, and revoke editor licenses as prescribed by law;

     g) Manage activities to support publication as prescribed by law;

      h) Issue opinions on the appointment, dismissal, and removal of director generals (directors) and editors-in-chief of publishers.

      7. Regarding foreign information

      a) Assume the leadership role and cooperate with relevant agencies to instruct and guide the implementation of foreign information strategies, plans, programs, and schemes;

      b) Provide content guidelines and foreign information for Vietnamese press and news agencies;

      c) Assume the leadership role and cooperate on inspecting and assessing the efficiency of foreign information services of other ministries, ministry-level agencies, Governmental agencies, People’s Committees of provinces and municipalities, and press and publication agencies in Viet Nam and abroad;

     d) Develop mechanism to exchange, cooperate, provide, and share information between state agencies and the press;

     đ) Monitor, aggregate, and report to the Prime Minister on the provision of explanation and clarification of false information about Viet Nam in various fields.

      8. Regarding advertisements

      a) Exercise duties regarding the management of advertisements in the press, online advertisements, advertisements in publications, and integrated advertisements on postal, telecommunications, and information technology products and services as prescribed by law;

      b) Issue, extend, amend, and revoke licenses to operate infomercial channels and programs for audio and visual news services; communicate the release of advertising inserts for printed newspapers;

      c) Receive notifications of cross-border advertisements service provision in Viet Nam; receive and handle notifications of illegal cross-border advertisements and exercise preventive measures as prescribed by law.

      9. Regarding electronic information

      a) Manage the video gaming service, information content service, and information provision applications on the Internet as prescribed by law;

      b) Issue, extend, amend, suspend, and revoke licenses and certificates concerning online video games and information as prescribed by law.

       10. Regarding grassroots information and district-level broadcasting

      a) Instruct, guide, and implement grassroots information and district-level broadcasting strategies, allocation, and plans;

      b) Create information content for dissemination on the grassroots level under the Ministry’s functions and duties, and instruct the implementation thereof;

       c) Instruct the development and operation of the grassroots information and district-level broadcasting systems;

       d) Provide information for and manage the content of the grassroots information and district-level broadcasting systems nationwide.

       11. Regarding postal services

        a) Instruct, organize, and inspect the implementation of mechanisms, policies, strategies, allocations, plans, projects, schemes, and programs concerning postal services; inspect the lists, support mechanisms, and provision of public postal services as prescribed by law;

      b) Regulate and manage the prices and quality of public postal services, private postal services, postal services in support of the Communist Party and State agencies, and other postal services as prescribed by law;

      c) Manage postage stamps and postal operational safety within the Ministry’s jurisdiction;

      d) Manage the national postal and Vietnamese postage stamps code sets;

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

      e) Regulate within the Ministry’s jurisdiction and instruct the operation of public postal networks and postal networks in support of the Communist Party and State agencies;

      g) Cooperate in competitiveness management and dispute settlement in the field of postal services, protect the legitimate rights of postal service users as prescribed by law.

      12. Regarding telecommunications

      a) Instruct, guide, and implement plans, allocation, programs, mechanisms, and policies for the development of telecommunications, the Internet, and digital infrastructure (broadband telecommunications infrastructure, cloud computing infrastructure, and Internet-of-things infrastructure); regulate the telecommunications market; promulgate and regulate the lists, scopes, objects, and prices of public telecommunications services and mechanisms to support enterprises investing in telecommunications infrastructure, digital infrastructure, and providing telecommunications services as prescribed by law; implement the provision of public telecommunications services and duties as assigned by the State;

      b) Assume the leadership role in the development and implementation of competitiveness regulations in the field of telecommunications, telecommunications applications, and the Internet; protect the rights of telecommunications services, telecommunications applications, and Internet users as prescribed by law;

      c) Issue, extend, amend, suspend, and revoke licenses in the field of telecommunications as prescribed by law;

      d) Promulgate and implement regulations and allocation on the management and use of telecommunications number storage, domain names, and IP address; distribute and revoke telecommunications number storage, domain names, and IP address; develop and submit to relevant authority to promulgate and implement regulations on the auction and transfer of the rights to use the telecommunications number storage and domain names, and detailed regulations on auctioning the telecommunications number storage and Internet resources and the lists of telecommunications number storage and Internet resources to be auctioned;

      đ) Promulgate and implement mechanisms, policies, and regulations to manage the prices and promotion offers in the field of telecommunications and Internet as prescribed by law; control and suspend the application of telecommunications prices when telecommunications enterprises overcharge or undercharge for their telecommunications services causing instability in the telecommunications market and infringing on the legitimate rights of telecommunications services users, other telecommunications enterprises, and the State. Direct and provide instructions for a reporting, accounting, and auditing mechanism to support the regulation of telecommunications and Internet prices;

      e) Promulgate and implement regulations on managing the connection of telecommunications networks;

      g) Regulate within the Ministry’s jurisdiction and instruct the operation of the telecommunications network reserved for usage by the Communist Party and State agencies;

      h) Instruct the development and implementation of the plans and solutions to further develop the telecommunications networks and digital infrastructure; direct, instruct, and inspect the sharing and common use of the telecommunications and digital infrastructures;

      i) Assume the leadership role in maintaining infrastructure safety, and cooperate with the Ministry of Public Security to ensure information security in telecommunications activities as prescribed by law;

      k) Manage the quality of telecommunications and Internet services; develop, manage, and operate testing and calibration laboratories in the fields of telecommunications and Internet as prescribed by law;

      l) Establish, manage, operate, and use a system to collect and manage telecommunications figures and a mobile number porting system;

      m) Establish, manage, operate, and use with safety precautions the national domain names server and the Vietnam National Internet eXchange.

      13. Regarding radio frequencies

      a) Instruct and implement the allocation of the national radio frequencies spectrum; operate the transmission and broadcasting in accordance with the information and communications infrastructure allocation approved by the Prime Minister;

      b) Assume the leadership role and cooperate with the Ministry of Defense and the Ministry of Public Security to allocate frequency bands for national defense and security purposes and submit to the Prime Minister for approval;

      c) Promulgate allocation for frequency bands, frequency channels division, and frequency channels use, establish conditions for allocation, assignment, and use of radio frequencies and radio frequency bands;

      d) Manage the quality of radio emission, electromagnetic compatibility, and radio emission safety as prescribed by law;

      đ) Determine the technical and use conditions for radio equipment exempt from licensing, determine the technical conditions (frequencies and transmission capacity) for radio equipment before manufacturing or imported for uses in Viet Nam;

      e) Regulate the training of radio operators; radio operator certificates; eligibility, conditions, and procedures for the issuance, extension, and renewal of radio operator certificates; recognition of maritime radio operator certificates for foreign crew members working on seafaring vessels flying the Vietnamese flag;

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

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

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

      k) Propose to relevant authorities for promulgation and implement regulations on the auction and transfer of the right to use radio frequencies.

      14. Regarding information technology industry

      a) Instruct, guide, and implement the strategies, plans, policies, programs, schemes, and projects for the development of information technology and digital technology industries;

      b) Propose to relevant authorities for promulgation or promulgate within the Ministry’s jurisdiction policies to incentivize and promote investment in information technology and digital technology industries; publish the list of key information technology products and formulate programs for their development;

      c) Examine programs, plans, and projects intended for the development of information technology and digital technology industries, trade and investment promotion content in the field of information technology industry, and projects intended for the development of information technology products funded by the science and technology budget of ministries, departments, and localities;

      d) Promulgate or propose to relevant authorities for promulgation criteria to assess and certify the technical functions and features of information technology and digital technology industries products; mechanisms to regulate and develop concentrated information technology zones;

      đ) Issue, extend, suspend, and revoke licenses and certificates in the field of information technology industry, digital technology industry, and information technology human resources; promulgate and certify information technology skill standards;

      e) Organize trade and investment promotion activities in the field of information technology and digital technology industries;

      g) Perform quality control for products and services in the field of information technology and digital technology industries as prescribed by law.

      15. Regarding national digital transformation

      a) Perform permanent duties of the National Commission for Digital Transformation; act as the contact point to aggregate, advise, and coordinate the trans-sectoral cooperation between ministries, departments, and localities in order to realize the guidelines, strategies, mechanisms, and policies to create a legal environment that promotes information technology application, national digital transformation, and the development of e-Government, digital Government, digital economy, digital society, and smart cities;

      b) Instruct and implement mechanisms, policies, strategies, plans, programs, and national schemes on information technology application in state agencies and the development of e-Government and digital Government; instruct, examine, inspect, and assess the development and implementation of programs, plans, schemes, and projects on information technology application and the development of e-Government and digital Government of ministries, departments, and localities within the Ministry’s jurisdiction; assess and examine the quality of information technology application products and solutions.

Develop, maintain, update, and implement the Viet Nam e-Government Architectural Framework and the ICT Reference Framework for the development of smart cities; instruct, supervise, and support data management and data sharing activities in state agencies; develop and opearte information system laboratories; develop, manage, and operate national data integration and sharing platform, the national data portal, the supervision and assessment platform for e-Government provision and usage, the Governmental cloud computing platform, and other digital platforms to support the development of e-Government and digital Government within the Ministry’s jurisdiction;

      c) Instruct and implement mechanisms, policies, legislation, strategies, plans, programs, and national schemes on digital economy and on the promotion of information technology application and the digital transformation of enterprises as prescribed by law;

      d) Instruct and implement mechanisms, policies, strategies, legislation, plans, programs, and national schemes on digital society and on the promotion of information technology application and compliance with the codes of conduct in the digital environment within society and communities.

      16. Regarding cyber security

      a) Perform management functions on information security; ensure information security for information systems and information technology application and development activities; prevent and counter spam mails; ensure personal information safety in the cyber environment; protect children in the cyber environment; manage and coordinate responses in the case of cyber security incidents nationwide; assume the leadership role in emergency responses to endure national cyber security as prescribed by law;

      b) Manage the manufacture and trade of information security products and services; manage the examination, assessment, and certification of information security; issue, extend, amend, suspend, and revoke business licenses for cyber information security products and services (excluding civil cryptographic products and services; cyber security products and services) as prescribed by law;

      c) Manage the quality of cyber information security products and services (excluding civil cryptographic products and services; cyber security products and services) as prescribed by law;

      d) Develop and operate information security systems and national concentrated technical infrastructure systems to handle and minimize cyber attacks, provide information security surveillance support for information systems that provide online public services and develop e-Government; assess the cyber security level of information system designs and the safety level of information systems; oversee the supervision of information security as prescribed by law;

      đ) Cooperate with the Ministry of Public Security to ensure security and safety of key facilities relating to national security in the field of information technology.

      17. Regarding electronic transactions

      a) Instruct, guide, and implement the strategies, plans, and policies to develop and utilize electronic transactions within the Ministry’s jurisdiction;

      b) Propose to relevant authorities for promulgation and recognition or promulgate and recognize within the Ministry’s jurisdiction the standards in electronic transactions;

      c) Oversee service providers involved in electronic transactions within the Ministry’s management authority as prescribed by law;

      d) Manage the development of technological infrastructure for electronic transactions as prescribe by law;

      đ) Establish regulations on digital signatures and digital signature verification services within the Ministry’s jurisdiction; assume the leadership role in cooperation with the Ministry of Public Security and the Government Cipher Commission in overseeing digital signature verification service providers; provide the digital signature verification service on a national scale as prescribed by law.

      18. Develop, manage, operate, and utilize the postal and telecommunications networks and the data transmission networks reserved for use by and in support of the Communist Party and State agencies in their operations.

      19. Implement, in cooperation with other agencies, legal regulations on intellectual property rights regarding encoded press and broadcasting products, publications, postage stamps, information and communication technology products and services, and eligibility for industrial property rights in the fields and sectors under the Ministry’s management authority as prescribed by law; instruct, in cooperation with other agencies, intermediary service providers to comply with legal regulations on intellectual property rights.

      20. Organize awards, emulation, and commendation programs as prescribed by law.

      21. Establish and implement measures to prevent and counter illegal information and communications activities.

      22. Promulgate and implement national technical standards, request the publication of national standards in the fields and sectors under the Ministry’s management authority; sign and implement mutual recognition agreements on conformity assessment results with other countries and regions; instruct the implementation of conformity assessment in the fields under the Ministry’s management authority as prescribed by law; perform the functions and duties of an announcement and Q&A agency regarding the Ministry’s technical barriers to trade.

      23. Oversee the import and export of products and goods under the Ministry’s management authority as prescribed by law.

      24. Establish measures to mobilize information and communication networks, services, devices, and equipment in the case of emergencies concerning national security and natural disasters as assigned by the Government and the Prime Minister.

      25. Manage and implement investment programs, schemes, and projects in the fields and sectors under the Ministry’s management authority as prescribed by law; implement the collection and utilization of data to support the management of the State and field-specific statistics as prescribed by law.

      26. Manage the assigned finances, assets, and budget as prescribed by law.

      27. Advance international cooperation in the fields under the Ministry’s management authority as prescribed by law.

      28. Develop and implement plans for scientific research and application of scientific and technological progress, developing high-tech products, technological innovation, and environmental protection in the fields and sectors under the Ministry’s management authority.

      29. Regarding public services

      a) Exercise state management of public services in the fields and sectors under the Ministry’s management authority as prescribed by law;

      b) Promulgate or amend the technical-economic standards and expense standards (if applicable) as the basis to establish unit price and price of public services using state budget in order to form the basis of assigning tasks, placing orders, or bidding for the provision of public services as prescribed by law;

      c) Promulgate criteria and standards for the quality of public services using state budget; mechanisms to oversee, assess, and control the quality of and procedures to inspect and assess public services using state budget; and the operational efficiency of public service providers as prescribed by law;

      d) Exercise state management of the prices of public services as prescribed by the laws on prices;

      đ) Instruct organizations to provide their public services as prescribed by law.

      30. Regarding enterprises

      a) Assume the leadership role and cooperate with other relevant ministries and departments to propose to the Government for promulgation mechanisms and policies to encourage and support the development of enterprises in the field of information and communications; cooperate with relevant agencies and organizations to guide, instruct, and inspect the implementation thereof;

      b) Approve or submit to relevant authorities for approval the schemes intended for the comprehensive restructuring and for the innovation and development of state-owned enterprises operating in the field of information and communications assigned under the Ministry’s management and instruct the implementation thereof based on assignment;

      c) Instruct and inspect the implementation of regulations on conditional business sectors and services, and handle violations within the Ministry’s jurisdiction;

      d) Exercise the rights, responsibilities, and duties of a state-affiliated owner of state-owned enterprises and of state-owned capital invested in other enterprises as prescribed by law.

      31. Exercise duties and jurisdiction with regards to associations and non-governmental organizations within the Ministry’s state management limits as prescribed by law.

      32. Inspect, examine, receive citizens, resolve complaints and accusations, prevent and combat corruption, and handle violations of the law in accordance with the Ministry’s state management functions.

      33. Establish and implement plans for administrative reform and administrative procedure reform in the fields and sectors according to the Government’s and the Prime Minister’s national administrative reform programs and plans; recommend or determine within the Ministry’s jurisdiction the implementation of state management stratification based on fields and sectors.

      34. Train, educate, and develop the human resources under the Ministry’s management authority; conduct demand forecasting and development orientation for the information and communications human resources.

      35. Manage the Ministry’s staff apparatus, tenure, cadres, officials, and public servants; ensure remuneration and other entitlements for cadres, officials, public servants, and other employees under the Ministry’s management authority as prescribed by law.

      36. Exercise other duties and jurisdiction as prescribed by law.

      Article 3. Organizational structure of the Ministry

      1. Department of Posts.

      2. Department of Science and Technology.

      3. Department of Planning and Finance.

      4. Department of Digital Economy and Digital Society.

      5. Department of International Cooperation.

      6. Department of Legal Affairs.

      7. Department of Personnel and Organization.

      8. Department of Inspectorate.

      9. Ministry Office.

      10. Authority of Press.

      11. Authority of Broadcasting and Electronic Information.

      12. Authority of Publication, Printing and Distribution.

      13. Authority of Grassroots Information.

      14. Authority of Foreign Information Service.

      15. Authority of Telecommunications.

      16. Authority of Radio Frequency Management.

      17. Authority of National Digital Transformation.

      18. Authority of Information Security.

      19. Authority of Information and Communications Technology Industry.

      20. Authority of Central Posts.

      21. National Institute of Information and Communications Strategy

      22. Information Center.

      23. VietNamNet.

      24. Information and Communications Journal.

      25. Posts and Telecommunications Institute of Technology

      26. Information and Communications Public Management School.

      Agencies specified from Clauses 1 to 20 of this Article are organizations that assist the Minister with state management functions; agencies specified from Clauses 21 to 26 of this Article are public service providers affiliated with the Ministry. The Minister of Information and Communications will stipulate the functions, duties, jurisdiction and organizational structure of the Ministry’s affiliated units in accordance with the laws.

      Article 4. Effect

      1. This Decree takes effect on 26th July, 2022.

      2. This Decree supersedes the Government’s Decree No. 17/2017/ND-CP dated 17th February, 2017 on the functions, duties, jurisdiction and organizational structure of the Ministry of Information and Communications.

      Article 5. Responsibility for implementation

      Ministers, Heads of ministry-level agencies, Heads of Governmental agencies and Chairpersons of People’s Committees of provinces and municipalities are responsible for implementing this Decree.

Recipient:

- Secretariat of the Central Committee of the                                        PP THE GOVERNMENT

Communist Party of Viet Nam;                                                                  PP PRIME MINISTER

- The Prime Minister and Deputy Prime Ministers;                              DEPUTY PRIME MINISTER

- People’s Councils, People’s Committees of 

provinces and municipalities;

- Central Office and Committees of the Communist 

Party of Viet Nam;                                                                                      PHẠM BÌNH MINH

- Office of the General Secretary of the Communist 

Party of Viet Nam;

- Office of the President of the Socialist Republic 

of Viet Nam;

- Office of the National Assembly of Viet Nam;

- Council on Ethnic Minorities and Committees 

of the National Assembly of Viet Nam;

- The Supreme People’s Court of Vietnam;

- The Supreme People’s Procuracy of Vietnam;

- State Audit Office of Vietnam;

- The National Financial Supervisory Commission;

- Vietnam Bank for Social Policies;

- Vietnam Development Bank;

- Central Committee of the Viet Nam Fatherland Front;

- Central offices of organizations;

- Office of the Government: Chief of the GO, 

Deputy Chiefs, Assistant to the PM, Director 

General of the online public service portal, 

Departments, Authorities, affiliated agencies, 

Vietnam Government Portal;

- Archive: Document Office, Bureau of 

Administration and Management (2).