Circular No. 05/2011/TT-BTTTT dated January 28, 2011 of the Ministry of Information and Communications provisions on adjustment of complaints of service user in information and communication line

CIRCULAR

PROVISIONS ON ADJUSTMENT OF COMPLAINTS OF SERVICE USER IN INFORMATION AND COMMUNICATION LINE

Pursuant to the Press Law of December 28, 1989; the Law on amending and supplementing some articles of the 1999 Press Law;

Pursuant to the Law on Publication of December 3, 2004; the Law on amending and supplementing some articles of the 2008 Law Publication;

Pursuant to the Law on Information Technology of June 29, 2006;

Pursuant to the Telecommunications Law of December 4, 2009;

Pursuant the Post Law of June 17, 2010;

Pursuant to the Law on Protection of consumer’s rights of November 17, 2010;

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

The Ministry of Information and Communication regulates on adjustment of complaints of service users in information and communication line as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Adjusting scope

This circular provides for complaints and adjustment of complaints of service users towards service provider in information and communications line (including post, telecommunications and internet, information technology and electronic, press, publication, radio and television) and guidelines for dispute settlement of state management agencies.

Article 2. Applicable objects

This circular applies to:

1. Organizations and individuals using service in information and communication line (hereinafter referred to as service user).

2. Enterprise, agency providing agents in information and communication line (hereinafter referred to as service provider).

3. State management agencies in information and communication line (hereinafter referred to as state management agencies).

Article 3. Rights and obligations of service user

1. To complaint mistakes directly related to services provided by service provider in information and communications line.

2. May withdraw a complaint in any stage of process of adjustment of complaints. The withdrawal of complaint shall be made in writing.

3. In case where service users are minors, persons suffering mental illness or other illnesses that are not able to be the mastery of their acts, the legal representative of theirs shall perform complaints; in case where the claimant is sick, senile, with physical defects, or other objective reasons that can not complaint by themselves, they may authorize father, mother, wife, husband, brother, sister, adult children or other people to complain.

4. To request State management agency for instructions to settle dispute when service provider does not resolve within time limit prescribed in Article 11 of this Circular or when disagree with outcome from adjustment of complaints of service provider.

5. To have right to request competent authority to settle dispute in accordance with Law on Protection of consumer’s rights in 2010.

6. When performing complaint’s right, the claimant is obliged to provide documentation, evidence, basic related to their complaints and be responsible for content of complaints, papers, evidence, basic provided in accordance with law.

Article 4. Responsibility of service provider

1.To develop and publicize adjustment of complaints process of service user at point of service provided.

2. To receive, review and settle all complaints timely as stipulated from service user for services provided within time limit prescribed in Article 11 of this Circular.

3. To store full records and information related to services complained to serve adjustment of complaints and guidelines for settling dispute.

Article 5. State management agencies’ responsibility of dispute guiding, settlement

1. Department of Information and Communications of provinces and cities directly under Central Government shall guide settlement of disputes between users and service providers in scope of locality under their management.

2. Ministry of Information and Communications is responsible for guiding settlement of disputes between users and service providers with in complicated cases, involving many branches and sectors.

Chapter II

COMPLAINTS AND ADJUSTMENT OF COMPLAINTS

Article 6. Principle to adjust complaints

1. The adjustment of complaints must be made on principle of right period prescribed, legal compliance and to ensure lawful rights and interests of service users.

2. To encourage service users and service providers to adjust complaints through forms of agreement and negotiation.

Article 7. Form of complaints

Service users can claim directly to headquarters of service provider or indirectly via telephone; claim in writing or by electronic mail to provider contents related to services provided.

Article 8. Conditions to be adjusted complaints

1. The claimant should be subjects prescribed in Clause 1, Article 2 of this Circular.

2. The claimant must be made in limitation of complaints specified in Article 9 of Circular.

Article 9. Limitation of complaints

1. Limitations of complaints towards postal service:

a) Six (06) months from the end of full time course delivering postal items to complain on loss of postal items, postal delivery time slower than full time delivery announced, in case where enterprise does not publish full time delivery, then this limitation is considered from the date of postal items are accepted;

b) One (01) months from the date of postal items are delivered to recipient towards complaints on postal items are damaged, spoiled on charges and other content directly related to postal items.

2. Limitation of complaints towards telecommunications and internet services, information technology and electronic, publication, radio and television:

a) On the rate is (01) months from the date of receipt of notice or first rate bill from the date of service rate payment;

b) On the quality target of service and other violations is three (03) months from the date of using service or violation occurred.

Article 10. Receiving complaints

1. Service provider after receiving complaints from service users must issue receipt of complaints. Receipt of complaints can be made in writing or electronic mail and must be clearly reflected contents of complaints of claimant, requirements of adjustment of complaints.

2. In case where complaints is not received, within five (05) working days from the date of receiving complaints, provider must give a written notice to complaint, clearly stating reasons of refusal to receive complaints.

Article 11. Time limit for settling complaints

1. Time limit for settlement of complaints towards postal service:

a) Not more than two (02) months from the date of receiving complaints about postal services in the country;

b) Not more than three (03) months from the date of receipt of complaints to international postal services.

2. Time limit for settlement of complaints towards telecommunications and internet services; information technology and electronic, publication, radio and television is no more than 20 working days after receiving complaint.

Article 12. Adjustment of complaints

1.Service provider implement settlement of complaints for users in accordance with process has been developed and put up on provisions in paragraph 1, Article 4 of this Circular.

2. Service provider shall inform in writing to complainant on results of complaint settlement.

3. In case where complaint is resolved as soon as users directly goes headquarters to complaint and achieve agreement of both parties, service providers don’t need to issue receipt of complaints, but they must make a report on result of complaint settlement and store it into record

Chapter III

GUIDELINE ON STATE MANAGEMENT AGENCY’S DISPUTES SETTLEMENT

Article 13. Guideline on disputes settlement between service user and provider

In case where complaint has been settled by service provider but complainant does not agree, or over- time limit is prescribed in Article 11 of this Circular but service provider does not resolve, then service user will be guided settlement of disputes by state management agencies in information and communication line in the following cases:

1. The complaint is still not guided to settle disputes by competent state management agencies prescribed in Article 5 of this Circular:

2. The complaint is not still settled disputes in accordance with Law on Protection of consumer’s rights in 2010.

Article 14. Application for guidelines on settlement of dispute

1. Application for guidelines on settlement of dispute must be submitted in writing by complainant to competent state management agencies defined in Article 5 of this Circular.

2. Application for guidelines on settlement of dispute must be clear, complete as follows:

a) The date, month and year when application is submitted;

b) Full name, address and phone number (if any) of person proposing guidelines for dispute settlement;

c) Name and address of service provider;

d) Indicate situation of complaint, process of settlement of service provider and request to be settled.

Article 15. The limitations of application for guideline on settlement of dispute

The limitations of application for guideline on settlement of dispute is fifteen (15) working days from the date the complainant receives results of complaint resolution from service provider or from the expiry date of complaints adjustment specified in Article 11 of this Circular, but the service provider does not resolve a complaint as prescribed.

Article 16. To receive application for guidelines on settlement of dispute

1.In case where complaint is guaranteed conditions specified in Article 13, Article 14, Article 15 of this Circular, competent State management agencies have responsibility to consider, receive application for guideline on settlement of dispute, issue receipt of application and conduct guidelines for dispute settlement between complainant and service provider.

2. In case complaint is not guaranteed one of conditions prescribed in Article 13, Article 14, Article 15 of this Circular, State management agency receiving application is responsible for guiding implementation of procedures as prescribed.

Article 17. Preparation for guidelines on dispute settlement

The agency receiving application for guidelines on dispute settlement shall carry out:

1.To request service users and service providers to provide adequate records of complaints adjustment (in case where complaint has been settled by service provider)

2. To request service provider that is complained to submit information related to complaint.

3. To review and verify contents of complaint, to guide settlement of disputes between complainant and service provider.

Article 18. Organization of guidelines on dispute settlement

1. The guidelines for dispute settlement shall be implemented in guidance of dispute settlement agency with presence of service user or legal representative of service user; legal representative of service provider that is complained. The process of dispute settlement instructions must be recorded in writing, signed by representatives of guidance of dispute settlement agency and parties.

2. In case where service users and service providers do not reach agreement, parties may request competent agency to settle dispute in accordance with Law on Protection of consumer’s rights in 2010.

Article 19. Duration of guidelines for dispute settlement

Duration of guidelines for dispute settlement is twenty (20) working days from the date competent State management agencies receive requests for dispute settlement instruction.

Chapter IV

PROVISION OF IMPLEMENTATION

Article 20. Organization of implementation

1. The inspector of Ministry of Information and Communications is responsible for assisting Minister of Information and Communication in guidelines for dispute settlement between service user and service provider under provisions of Clause 2, Article 5 of this Circular.

2. Department of Information and Communications of provinces and cities directly under Central Government shall guide settlement of disputes between users and service providers for under scope of provisions in Clause 1, Article 5 of this Circular.

3. Head of Department, Director General, heads of concerned units under Ministry of Information and Communications is responsible for coordinating Inspectorate in process of guidelines for dispute settlement.

4. In process of implementing this Circular, if any problems arise, to promptly suggest to Ministry of Information and Communications for answer, amendment and supplement.

Article 21. Take effect

This Circular takes effect from July 1^st, 2011, replace Decision No.05/2007/QD-BBCVT dated April 5^th, 2007 of Minister of Post and Telecommunications issued regulations on settlement of complaints and dispute settlement instructions between service user with service provider of post, delivery, telecommunications and Internet. /.