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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 75/2003/ND-CP
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Hnoi, June 26, 2003
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DECREE
ON THE ORGANIZATION AND
OPERATION OF THE POST, TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY
INSPECTORATE
THE
GOVERNMENT
Pursuant to the December 25, 2001
Law on Organization of the Government;
Pursuant to the April 1, 1990 Ordinance on Inspection;
Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
Pursuant to the Governments Decree No. 90/2002/ND-CP of November 11, 2002
prescribing the functions, tasks, powers and organizational structure of the
Ministry of Post and Telecommunications;
At the proposal of the Minister of Post and Telecommunications,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1.- Position and functions
of the Post, Telecommunications and Information Technology Inspectorate
The Post, Telecommunications and
Information Technology Inspectorate shall be organized into a system belonging
to the apparatus of the Ministry of Post and Communication, which functions to
perform the State inspection and specialized inspection of post,
telecommunications, information technology, electronics, Internet, wave
transmission, radio frequency, national information infrastructures and other
fields falling within the scope of State management competence of the Ministry
of Post and Telecommunications (hereinafter referred collectively to as post,
telecommunications and information technology).
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1. Agencies, units and individuals
under the management of the Ministry of Post and Telecommunications.
2. Vietnamese organizations and
individuals, and foreign organizations and individuals in Vietnam operating in
the fields of post, telecommunications and information technology.
Article 3.- Contents of operation
of the Post, Telecommunications and Information Technology Inspectorate
1. To formulate annual plans on
inspection of post, telecommunications and information technology, submit them
to the heads of agencies of the same levels, and organize the implementation
once they are approved.
2. To assume the prime responsibility
or coordinate with competent State agencies in detecting, checking and handling
in time law violations in the fields of posts, telecommunications and
information technology.
3. To assist the heads of the
agencies of the same level in settling complaints and denunciations according
to law provisions.
4. In the course of inspection, if
detecting any legal documents issued by the ministries, ministerial-level
agencies or provincial/municipal Peoples Councils and Peoples Committees, which
contains provisions contrary to legal documents on the domains and fields
managed by the Ministry of Post and Telecommunications, to report and propose
them to the Minister of Post and Telecommunications for handling according to
law provisions.
Chapter II
ORGANIZATIONAL
SYSTEM, TASKS AND POWERS OF THE POST, TELECOMMUNICATIONS AND INFORMATION
TECHNOLOGY INSPECTORATE
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1. The organizational system of the
Post, Telecommunications and Information Technology Inspectorate includes:
a/ The Inspectorate of the Ministry
of Post and Telecommunications, which is an agency attached to the Ministry of
Post and Telecommunications, assists the Minister of Post and
Telecommunications in performing the functions of State inspection and specialized
inspection in the fields of post, telecommunications and information technology
nationwide; and directs all inspection activities of the Post,
Telecommunications and Information Technology Inspectorates system.
b/ The Inspectorates of regional
Departments for Post, Telecommunications and Information Technology, which are
agencies attached to regional Departments for Post, Telecommunications and
Information Technology, assist the directors of the Departments in performing
the functions of State inspection and specialized inspection in the provinces
and centrally-run cities under the respective management of the Departments;
c/ The Inspectorate of the Radio
Frequency Department, which is an agency attached to the Radio Frequency
Department, assists the director of the Department in performing the functions
of State inspection and specialized inspection in the fields of radio
frequency, radiowave-transmitting equipment and electromagnetic consistence
within the management scope of the Department;
d/ The Inspectorate of the
Department for Control of Post, Telecommunications and Information Technology
Quality, which is an agency attached to the Department for Control of Post,
Telecommunications and Information Technology Quality, assists the director of
the Department in performing the functions of State inspection and specialized
inspection of quality standards: products, projects, networks, post and
telecommunications services and information technology within the management
scope of the Department.
2. The inspection organizations
belonging to the Post, Telecommunications and Information Technology
Inspectorates system shall have their own seals and accounts with the names
stated in Clause 1 of this Article; and be composed of a chief inspector, a
number of deputy chief inspectors and inspectors, appointed according to law
provisions.
Article 5.- Tasks and powers of the
Post, Telecommunications and Information Technology Inspectorate
1. To inspect the observance of
laws by State agencies, economic organizations, social organizations and
citizens that conduct activities related to post, telecommunications and
information technology.
2. To handle or propose the
application of handling measures in order to prevent, check and terminate in
time acts of violating law provisions on post, telecommunications and
information technology.
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4. To organize the work of citizen
reception, complaint and denunciation settlement, corruption combat and thrift
practice; to inspect, verify, draw conclusions and propose to competent
agencies the settlement of complaints and denunciations in the fields falling
under the State management of the Ministry as prescribed by laws.
5. To monitor, guide and inspect
the heads of agencies and units under the management of the heads of agencies
of the same level in implementing law provisions on inspection as well as
programs and plans on the work and profession of inspection of post,
telecommunications and information technology.
6. To provide professional
fostering on specialized inspection of post, telecommunications and information
technology to inspectors, inspection collaborators and heads of agencies and
units under the management of the heads of agencies of the same level.
7. In the course of inspection, the
Post, Telecommunications and Information Technology Inspectorate may exercise
rights prescribed in Article 9 of the Ordinance on Inspection and other law
provisions on inspection.
8. To perform other tasks assigned
by the heads of the agencies of the same level.
Article 6.- Working relations of
the Post, Telecommunications and Information Technology Inspectorate
1. The inspection organizations
belonging to the Post, Telecommunications and Information Technology
Inspectorates system shall operate under the direct guidance of the heads of
the agencies of the same level and the guidance in work and profession of the
higher-level Inspectorate.
2. The Post, Telecommunications and
Information Technology Inspectorate maintains relations of coordination with
the inspectorates of ministries and branches in directing the work and
profession of inspection regarding matters related to the fields of post,
telecommunications and information technology; with the Security services, the
Peoples Procuracies, the Peoples Courts and concerned agencies in preventing,
checking and fighting acts of law violation.
Chapter
III
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Article 7.- Specific tasks, powers
and organizational structures and working relations of inspection organizations
belonging to the Post, Telecommunications and Information Technology
Inspectorates system shall be prescribed by the Minister of Post and
Telecommunications.
Article 8.-
This Decree takes effect 15 days
after its publications in the Official Gazette.
To annul the Prime Ministers
Decision No. 176/2001/QD-TTg of November 9, 2001 on the Post and
Telecommunications State Inspectorate and other provisions contrary to this
Decree.
Article 9.-
The Minister of Post and
Telecommunications shall guide the implementation of this Decree.
The ministers, the heads of
ministerial-level agencies, the heads of agencies attached to the Government
and the presidents of the provincial/municipal Peoples Committees shall have to
implement this Decree.
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