Vietnam: Shall the Ministry of Information and Communications undertake the state management of cyber information security?
What are the functions of the Vietnam Ministry of Information and Communications?
Under Article 1 of Decree 48/2022/ND-CP, the regulations are as follows:
“Article 1. Position and function
The Ministry of Information and Communications is an agency of the Government of Vietnam, performing the function of state management in the fields of journalism; publishing, printing, releasing; radio and television; electronic information; press agencies; foreign information; grassroots information; postal services; telecommunications; radio frequencies; information technology industry; information technology applications; cyber information security; electronic transactions; national digital transformation and state management of public services in the sectors and fields under the ministry's state management scope.”
Therefore, the Vietnam Ministry of Information and Communications will have the function of state management in the fields specified above.
Compared to previous regulations, the Ministry of Information and Communications has added new functions such as managing cyber information security and electronic transactions.
Shall the Vietnam Ministry of Information and Communications undertake the state management of cyber information security on July 26, 2022?
Will the Vietnam Ministry of Information and Communications manage the content, quality, and price of radio and television services?
Under Clause 5, Article 2 of Decree 48/2022/ND-CP, the regulations are as follows:
“Article 2. Duties and powers
…
5. Regarding journalism (including print journalism, electronic journalism, broadcasting, television, press bulletins)
a) Guide, direct, and organize the implementation of the development and management of journalism, representative offices, permanent offices abroad of Vietnamese press agencies according to the network development planning of journalism, broadcasting, television, electronic information, publishing bases approved by the Prime Minister;
b) Organize information for the press and manage press information; carry out measurements and publish data related to journalistic activities as prescribed by law;
c) Issue regulations on organizing contests, seminars, and press festivals;
d) Inspect journalistic deposits; manage the national print journalism depository system; implement electronic depositories for broadcasting, television, and electronic journalism as prescribed by law; guide and inspect the implementation of statements and information provision for the press by state administrative agencies as prescribed by law;
dd) Grant, amend, supplement, temporarily suspend, suspend, and revoke various licenses in the field of journalism, broadcasting, and television; grant and revoke press cards; approve press conferences as prescribed by press laws;
e) Guide the activities of journalism and journalists nationwide, cooperate with relevant agencies to manage the activities of Vietnamese journalism related to foreign countries and the journalistic activities of foreigners and foreign organizations in Vietnam;
g) Provide opinions on the appointment of heads of press agencies as prescribed by press laws;
h) Manage the content, quality, and price of radio and television services as prescribed by law.”
Thus, the Vietnam Ministry of Information and Communications will have the duties and powers regarding journalism as specified above. The Vietnam Ministry of Information and Communications will manage the content, quality, and price of radio and television services as prescribed by law.
Does the Ministry of Information and Communications have the power to appoint, relieve from duty, or dismiss the general director of a publishing house in Vietnam?
Under Clause 6, Article 2 of Decree 48/2022/ND-CP, the regulations are as follows:
“Article 2. Duties and powers
…
6. Regarding publishing (including publishing, printing, releasing)
a) Guide, direct, and organize the implementation of the publishing, printing, and releasing network according to the network development planning of journalism, broadcasting, television, electronic information, publishing bases approved by the Prime Minister;
b) Grant, extend, amend, supplement, temporarily suspend, suspend, and revoke various licenses in the field of publishing, printing, and releasing as prescribed by law;
c) Confirm and manage the registration of publishing houses, the registration of printing facilities, the registration of printing that does not require licensing, the registration of releasing publications, the registration of electronic publishing, and the releasing of electronic publications as prescribed by law;
d) Organize the appraisal of publications as prescribed by law; inspect and manage depository publications; organize the procurement and delivery of publications to regions with particularly difficult socio-economic conditions, remote areas, mountainous areas, borders, islands; organize national-level book fairs and manage the releasing of publications abroad as prescribed by law;
dd) Decide on suspending, revoking, confiscating, banning circulation, and destroying publications that violate the law;
e) Grant, extend, and revoke professional editing certificates as prescribed by law;
g) Manage publication support activities as prescribed by law;
h) Provide opinions on the appointment, relief from duty, and dismissal of the general director (director), editor-in-chief of publishing houses.”
Thus, the Ministry of Information and Communications will perform the duties and powers as specified above in publishing, printing, and releasing.
The Ministry will provide opinions on the appointment, relief from duty, and dismissal of the general director (director), and editor-in-chief of publishing houses. Therefore, the appointment, relief from duty, and dismissal of the general director (director), and editor-in-chief of publishing houses are subject to the Ministry of Information and Communications' opinions. However, the Ministry does not directly execute these actions.
Decree 48/2022/ND-CP will take effect from July 26, 2022.
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