Decision No. 88/2007/QD-TTg

Hanoi, July 4, 2008

DECISION

Defining the functions, tasks, powers and organizational structure of the Radio Frequency Directorate of the Ministry of Information and Communications

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government’s Decree No. 178/2007/ND-CP of December 3, 2007, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies;

Pursuant to the Government’s Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of the Minister of Information and Communications,

DECIDES:

Article 1. Position and functions

1. The Radio Frequency Directorate is an institution of the Ministry of Information and Communications, functioning to advise and assist the Minister of Information and Communications in performing the state management and to perform the specialized state management of radio frequencies nationwide.

2. The Radio Frequency Directorate has the legal entity status, its own seal and account as provided for by law, and locates its head office in Hanoi and its attached units in localities.

Article 2. Tasks and powers 

The Radio Frequency Directorate shall perform the following tasks and exercise the following powers:

1. To assume the prime responsibility for elaborating and submitting to the Minister of Information and Communications for promulgation according to his/her competence or for subsequent submission to competent authorities for promulgation, amendment or supplementation legal documents on radio frequencies and satellite orbits.

2. To elaborate and submit to the Minister of Information and Communications for subsequent submission to the Prime Minister for approval or promulgation decisions on the master plan on radio frequency spectra or division of frequency bands for use for national defense or security purposes.

3. To submit to the Minister of Information and Communications for approval or promulgation decisions on master plans on frequency bands or radio frequency channels, conditions on allocation, assignment and use of radio frequencies and radio frequency bands.

4. To coordinate with concerned units of the Ministry of Information and Communications in elaborating and submitting to the Minister of Information and Communications for promulgation standards and technical regulations on radio equipment, radio emissions and electromagnetic compatibility under law.

5. To assume the prime responsibility for, and coordinate with concerned units of the Ministry of Information and Communications in, elaborating and submitting to the Ministry of Information and Communications for promulgation regulations on technical conditions and operation of radio equipment of all kinds subject to conditional use, transmitting frequencies and power for radio equipment before permitting the manufacture or import thereof for use in Vietnam.

6. To implement legal documents on radio frequencies and satellite orbits; conduct public information, propaganda and dissemination of and education about the law on radio frequencies; provide professional guidance on management of radio frequencies and equipment to provincial-level Information and Communications Departments under regulations of the Minister of Information and Communications.

7. To grant, extend, suspend, revoke and manage radio frequencies and satellite orbit use licenses under law.

8. To enter into international cooperation in radio frequencies techniques and operations according to power decentralization by the Minister of Information and Communications; to register radio frequencies and satellite orbits with the International Telecommunication Union; to organize the coordination of radio frequencies and satellite orbits with foreign countries and territories and international organizations; to file or settle complaints about Vietnam’s radio frequency interferences with or from foreign countries, territories and international organizations; to participate in international programs on radio frequency monitoring.      

9. To monitor the radio transmission by domestic stations or foreign stations that transmit signals to Vietnam in the radio sevices  under Vietnam’s laws and treaties which Vietnam has signed or acceded to.

10. To inspect radio equipment according to provisions of licenses and relevant technical standards; to handle radio interferences; to test and certify electromagnetic compatibility for radio radiation equipment under law.

11. To examine and inspect the implementation of provisions of the law on radio frequencies and satellite orbits; to settle complaints and denunciations and handle administrative violations in the field of radio frequencies and satellite orbits under law.

12. To act as a standing body of the Radio Frequency Committee.

13. To collect, manage and use radio frequency charges and fees as prescribed by law.

14. To implement the financial mechanism applicable to non-business units that self-finance their operations, taking into account investments, regular expenditures, labor and salaries.

15. To organize and manage the provision of specialized public services of management of radio frequencies and satellite orbits under law.

16. To manage its organization, personnel, civil servants, public employees and assets under law and according to power decentralization by the Minister of Information and Communications.

17. To perform other tasks and exercise other powers assigned by the Minister of Information and Communications under law.

Article 3. Organizational structure   

1. The Frequency Policy and Planning Division.

2. The Frequency Assignment and Licensing Division.

3. The Frequency International Cooperation and Coordination Division.

4. The Frequency Control Division.

5. The Inspection Division.

6. The Planning and Investment Division.

7. The Finance - Accounting Division.

8. The Organization and Personnel Division.

9. The Office.

10. Regional Radio Frequency Center No. I.

11. Regional Radio Frequency Center No. II.

12. Regional Radio Frequency Center No. III.

13. Regional Radio Frequency Center No. IV.

14. Regional Radio Frequency Center No. V.

15. Regional Radio Frequency Center No. VI.

16. Regional Radio Frequency Center No. VII.

17. Regional Radio Frequency Center No. VIII.

18. The Technical Center.

The Minister of Information and Communications shall define the functions, tasks, power and organizational structures of the Radio Frequency Centers and the Technical Center.

Article 4. The Directorate’s leadership

1. The Radio Frequency Directorate has its director and no more than 3 deputy directors.

2. The director and deputy directors of the Directorate are appointed, dismissed or removed from office by the Minister of Information and Communications under law.

3. The director of the Radio Frequency Directorate shall be answerable to the Minister of Information and Communications and before law for all operations of the Directorate. Deputy directors shall be answerable to the director and before law for work domains assigned to them.

Article 5. Effect and implementation responsibility  

1. This Decision takes effect 15 after it is published in CONG BAO. To annul previous stipulations which are contrary to this Decision.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, guiding the financial mechanism applicable to the Radio Frequency Directorate provided in Clause 14, Article 2 of this Decision.

3. Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People’s Committees, and the director of the Radio Frequency Directorate shall implement this Decision.

Prime Minister

NGUYEN TAN DUNG