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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 12-CP
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Hanoi , March 11, 1996
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DECREE
ON THE FUNCTIONS, TASKS, POWERS AND
ORGANIZATIONAL STRUCTURE OF THE DIRECTORATE GENERAL OF POST AND TELECOMMUNICATIONS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Decree No.15-CP of March 2, 1993 of the Government defining the
tasks, powers and State management responsibility of the Ministries and
ministerial-level Agencies;
Considering the proposals of the Director General of the Directorate General of
Post and Telecommunications and the Minister-Chairman of the Government
Commission on Organization and Personnel,
DECREES:
Article 1.- The Directorate General of Post and
Telecommunications is an agency attached to the Government exercising the
function of State management on post-telecommunications and radio frequency
throughout the country.
Article 2.- The Directorate General of Post and
Telecommunications implementing the task, power and State management
responsibility of a Government agency as provided for in Article 21 of Decree
No.15-CP of March 2, 1993 of the Government, has the following concrete tasks
and powers:
1. Regarding legal documents:
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To issue in its jurisdiction decisions,
directives and circulars for the direction, guidance and control of the
implementation of the laws and regulations of the Government on
post-telecommunications and radio frequency.
b/ To issue in its jurisdiction standards,
regulations, rules, techno-economic norms and technological standards on the
post-telecommunications networks, service and equipment (including part and
complete imported equipment), and on control over radio frequency and
transmitters.
2. Regarding economic plans and planning:
a/ To submit to the Government the strategy,
planning, plans and the overall development project of the Post and
Telecommunications branch and radio frequency throughout the country; to
provide guidance and control over their implementation upon approval by the
Government; to participate in the evaluation of the aspect of
post-telecommunications in the socio-economic development planning and plans of
the provinces and cities directly under the Central Government and of the
territorial zones.
b/ To exert State management over investment and
specialized construction undertaken by the Post-Telecomunications branch and
participate in the evaluation of the cooperation and joint veture projects with
foreign countries which are related to post-telecommunications as provided for
by the Government.
c/ To submit to the Government for promulgation,
or to promulgate in its jurisdiction the price and freight brackets, the price
and freight of post-telecommunications service, the price or price brackets for
the payment for telecommunications service among enterprises providing
post-telecommunications service. To advise the concerned branches on
post-telecommunications and radio frequency fees and taxes.
d/ To submit to the Government incentive
policies, price-subsidy and regulating regimes, protective measures and
assistance to the enterprises providing post and telecommunications service to
the Party, State, defense, security and public interests.
3. Regarding technical and professional matters:
a/ To issue and revoke permits and certificates
in accordance with the regulations set by the Government, namely:
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- Permits for setting up post and telecommunications
networks (including public and specialized ones) and for using radio
transmitters and frequency.
- Permits for import and export of postage
stamps.
- To advise the Ministry of Construction on
issuance and revocation of business permits in construction and construction
consultancy of post and telecommunications projects. To issue and revoke
permits for service in the installation, control and regulation of post and
telecommunications equipment.
The Director General of the Directorate General
of Post and Telecommunications will decide the issuance and revocation of other
permits and certificates pertaining to the Post-Telecommunications branch as
provided for by the Government.
b/ To decide plan for numbering the
telecommunications networks.
c/ To decide the closing and opening of
inter-provincial and international telecommunications lines, international
mailing lines, as provided for by the Government.
d/ To manage the operation of the national
telecommunications lines. To define the linkages in the specialized and
commercial telecommunications networks. To load radio and television signals,
pages and remote training onto the national telecommunications lines.
e/ To decide the employment of post and
telecommunications networks, means and equipments in emergency cases on mandate
of the Government.
f/ To decide and announce the closing and
opening of post-telecommunications service at home and with foreign countries,
including the setting up of computerized information through the public
telecommunications networks, the closing and opening of external service post
stations, customs control post stations, public and specialized coastal
stations, as provided for by the Government.
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h/ To decide the printing and circulation of
postage stamps.
i/ To submit to the Government policies and
plans for development of post-telecommunications and radio science and
technology; to manage scientific and technological research and research
projects on post-telecommunications and radio frequency.
j/ To manage and evaluate the quality of
industrial products and service in telecommunications service as provided for
by the Government.
k/ To provide guidance and control over
non-governmental associations and organizations operating in
post-telecommunications and their radio frequency according to law.
l/ As the standing member of the Radio Frequency
Committee, the Director General of the Directorate General of Post and Telecommunications
will hold the function of Chairman of the Radio Frequency Committee.
m/ To settle disputes on post-telecommunications
networks and service and radio frequency as provided for by the Government.
4. Regarding international relations:
a/ To submit to the Government for signing and
approval of and accession to international treaties on post-telecommunications
and radio frequency, and international cooperation on post-telecommunications
and radio frequency. To sign international treaties on post-telecommunications
and radio frequency on behalf of the Government as mandated by the Government.
To organize the implementation of the
international treaties on post-telecommunications and radio frequency that the
Vietnamese State and Government have signed or acceded to.
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c/ To submit to the Government measures for the
protection of national sovereignty and interests in post-telecommunications and
radio frequency; to organize the implementation of the related tasks assigned
by the Government.
d/ To provide direction for the implementation
of international aid programs and projects on post-telecommunications and radio
frequency in aacordance with the Government regulations.
e/ To organize and participate in international
conferences and seminars on post-telecommunications and radio frequency as
prescribed by its jurisdiction and as mandated by the Government.
5. Regarding organization and personnel:
a/ To submit to the Government for decision the
system of organization, titles and criteria for employees and officials in
post-telecommunications and radio frequency and control their implementation
upon Government apporval.
b/ To manage the organizational and personnel
work, the training and fostering of post-telecommunications and radio frequency
employees and officials as provided for by the Government.
6. Regarding inspection and control:
To organize and guide the work of specialized
inspection on post-telecommunications and radio frequency; to settle
administrative violations as provided for by law.
To exert control and inspection on the execution
of laws, policies and regulations by the Directorate General of Post and
Telecommunications on State management of post-telecommunications and radio
frequency throughout the country.
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To issue within its jurisdiction the complaints
and denunciations by domestic and foreign organizations and individuals on post
and telecommunications operations.
7. To exercise State management function over
the post and telecommunications enterprises and a number of State ownership
rights towards State-owned enterprises in post and telecommunications as
provided for by the Government.
Article 3.- The Director General of the Directorate General
of Post and Telecommunications shall be accountable to the Prime Minister for
all the operations of the Directorate General. Deputy Directors General shall
be accountable to the Director General for their assignments by the Director
General. The Director General and Deputy Directors General shall be appointed
by the Prime Minister.
Article 4.- The organizational structure of the
Directorate General of Post and Telecommuinications is composed of:
1. The organizations to assist the Director
General to exercise the State-management function:
- The Central Office,
- The Post and Telecommunications Policy
Department,
- The Economic and Planning Department,
- The Department of Science, Technology and
International Cooperation,
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- The Post and Telecommunications Inspectorate,
- The Department of Radio Frequency,
- The Regional Post and Telecommunications
Departments:
+ The Post and Telecommunications Department of
Zone 2 (based in Ho Chi Minh City),
+ The Post and Telecommunications Department of
Zone 3 (based in Da Nang City, Quang Nam Da Nang province).
2. Non-business organization (with revenues):
- The Post and Telecommunications Information
and Publishing Center.
The Director General of the Directorate General
of Post and Telecommunications shall determine concrete tasks and
organizational structures for the above-mentioned units and decide the staff of
these organizations within the total payroll of the Directorate General as
assigned by the Government.
Article 5.- This Decree takes effect from the date of its
promulgation.
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Article 6.- The Director General of the Directorate
General of Post and Telecommunications, the Ministers, the Heads of ministerial-level
agencies, the Heads of the agencies attached to the Government, the Presidents
of the People’s Committees of the
provinces and cities directly under the Central Government shall be responsible
for the implementation of this Decree.
FOR THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet