Circular No. 08/2013/TT-BTTTT dated March 26, 2013 of the Ministry of Information and Communications on the management telecommunications service quality

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No.  08/2013/TT-BTTTT dated March 26, 2013 of the Ministry of Information and Communications on the management telecommunications service quality

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

Pursuant to the Law on Technical Regulations and Standards dated June 29, 2006;

Pursuant to the Government s Decree No. 25/2011/ND-CP dated April 06, 2011, elaborating and guiding the implementation of the Law on Telecommunications;

Pursuant to the Government s Decree No. 127/2007/ND-CP dated August 01, 2007 detailing the implementation of a number of articles of the Law on Technical Regulations and Standards;

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

Pursuant to the Decree No. 50/2011/ND-CP dated June 24, 2011 of the Government amending the Decree No. 187/2007/ND-CP dated December 25, 2007 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the request of the Director of the Vietnam Telecommunications Department

The Minister of Information and Communications issues a Circular on the management telecommunications service quality

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and application subjects

1. This Circular deals with the quality management of telecommunications services.

2. This Circular is applicable to state authorities in charge of telecommunications service quality management, providers and users of telecommunications services in Vietnam.

Article 2. State authorities for telecommunications services quality management

1. Vietnam Telecommunications Department affiliated to the Ministry of Information and Communications is in charge of telecommunications services quality management nationwide.

2. The Departments of Information and Communications are in charge of local telecommunications service quality management according to the assignments in this Circular.

Article 3. List of telecommunications services subject to quality management

In each period, the Ministry of Information and Communications shall issue a “List of telecommunications services subject to quality management” in accordance with the policies, management requirements, and development of telecommunications services.

Chapter II

ANNOUNCEMENT ON TELECOMMUNICATIONS SERVICE QUALITY

Article 4. Announcement’s responsibilities

Telecommunication enterprises licensed to provide telecommunications services by the Ministry of Information and Communications shall:

1. Make the quality announcement according to National Technical Regulations on telecommunications services in the “List of telecommunications services subject to quality management”. The quality announced must not contradict that in National Technical Regulations.

2. Make voluntary quality announcement according to voluntary standards applicable to telecommunications services not in the “List of telecommunications services subject to quality management” posted on the websites of telecommunication enterprises.

3. The contracts to provide postpaid services and sheets of conditions for using prepaid services must specify the quality of the services provided by telecommunication enterprises, stating “Quality of services provided for clients is conformable with the announcement made by the enterprise”.

Article 5. Quality announcement procedure for services in the “List of telecommunication enterprises subject to quality management”

1. Telecommunication enterprises licensed to provide telecommunications services by the Ministry of Information and Communications shall submit a telecommunications service quality announcement dossier to the Vietnam Telecommunications Department or send it by post.

2. Quantity: 01 dossier.

3. Composition:

a) The copy of the License to provide telecommunications services

b) The written notification of the telecommunications service quality announcement in accordance with the template in Appendix I to this Circular.

c) The written telecommunications service quality announcement in accordance with the template in Appendix II to this Circular.

4. Within 05 working days from the day on which the dossier is received:

a) If the dossier is accepted, the Vietnam Telecommunications Department shall issue a “Certificate of telecommunications service quality announcement” according to Appendix III of this Circular to the enterprise.

b) If the dossier is rejected, the Vietnam Telecommunications Department shall reply the telecommunication enterprise in writing.

5. After being issued with the “Certificate of telecommunications service quality announcement”, the telecommunication enterprise shall:

a) Post the “telecommunications service quality announcement” on its website as prescribed in Article 22 Chapter VII of this Circular.

b) Post the “Telecommunications service quality announcement” noticeably and legibly at all offices where service contracts are signed with clients and the public service stations of the telecommunication enterprise.

Article 6. Deadline for making telecommunications service quality announcement

The telecommunications services in the “List of telecommunications services subject to quality management”, the telecommunication enterprises licensed to provide telecommunications services by the Ministry of Information and Communications shall:

1. Complete the procedure for making telecommunications service quality announcement as prescribed in Article 5 of this Circular within 60 days from the effective date of this Circular or from the commencement date of service provision.

2. Follow the procedure for telecommunications service quality announcement prescribed in Article 5 of this Circular within 60 days from the days on which the National Technical Regulations amended by the Ministry of Information and Communications take effect, or the days on which the telecommunication enterprise makes any change in the announcement contents.

Chapter III

TELECOMMUNICATIONS SERVICE QUALITY REPORTS

Article 7. Periodic reports

1. Within 20 days from the beginning of each quarter, telecommunication enterprises licensed to provide telecommunications services by the Ministry of Information and Communications shall send reports on the quality of their telecommunications services provided in the previous quarter to the Vietnam Telecommunications Department.

2. The report on each service shall be sent to the Vietnam Telecommunications Department in the form of a computer file without or without digital signatures enclosed with a printed copy according the template of Telecommunications service quality report provided in Appendix IV to this Circular and the template of Telecommunications service quality standards in Appendix V, Appendix VI, and Appendix VII to this Circular corresponding to each service in the central-affiliated cities and provinces (hereinafter referred to as provinces) in which services are provided.

3. The Vietnam Telecommunications Department shall build a database about telecommunications service quality reports and share report data with Services of Information and Communications online or in writing.

Article 8. Irregular reports

1. Telecommunication enterprises shall send reports on the quality of their telecommunications services to the Vietnam Telecommunications Department at their request.

2. Telecommunication enterprises and their agents under the management of a Service of Information and Communications shall send reports on the quality of their telecommunications service to that the Service of Information and Communications at their request.

3. Where a telecommunication enterprise in the “List of telecommunications services subject to quality management” has a problem that cause the services in one or multiple provinces, or in an interprovincial, internetworking, or international system to stop running for at least 02 hours, within 03 working days from the day on which the problem occurs, the telecommunication enterprise shall send a written report on the causes, impact, and resolution of the problem to the Vietnam Telecommunications Department and the Services of Information and Communications where such problem occurs.

Article 9. Digital storage of data and documents for making reports

1. When a request is made by a competent state Department, telecommunication enterprises and their agents shall:

a) Provide explanation, data, and documents used for making reports and take responsibility for the promptness, accuracy, and adequacy of them.

b) Provide technical support for the competent State Department to access the system of the enterprise to verify data.

2. Telecommunication enterprises shall retain data and documents for making reports for at least 02 years from the reporting day.

Chapter IV

TELECOMMUNICATIONS SERVICE QUALITY TESTING

Article 10. Testing plan

1. In January every year, the Vietnam Telecommunications Department shall make a plan for inspecting the quality of telecommunications services in the “List of telecommunications services subject to quality management”.

2. The inspection includes testing, sampling, inspecting, and assessing the telecommunications service quality according to National Technical Regulations.

3. The inspection of services provided by the same telecommunication enterprise may be carried out in multiple provinces where such services are provided.

4. The inspection of a telecommunications service may be carried out together with multiple Vietnamese enterprises in the same province.

5. Apart from the inspection plan prescribed in Clause 1 of this Article, the Vietnam Telecommunications Department may decide irregular inspection where necessary.

Article 11. Inspection order, inspection result, and responsibilities of inspectors

1. Based on the plan for telecommunications service quality inspection, the Vietnam Telecommunications Department shall request the investors appointed by the Ministry of Information and Communications or inspect telecommunications service quality of telecommunication enterprises. The Vietnam Telecommunications Department may cooperate with the Services of Information and Communications in carry out inspection locally

2. Before inspecting telecommunications service quality, inspectors shall notify the location, time, and inspection contents to telecommunication.

3. Inspected telecommunication enterprises shall provide data and documents serving the inspection and facilitate the inspection at the request of the Vietnam Telecommunications Department and the inspectors.

4. At the end of the inspection, inspectors shall report the inspection result to the Vietnam Telecommunications Department and post the inspection reports on the website of the Vietnam Telecommunications Department every quarter as prescribed in Article 21 Chapter VII of this Circular.

5. If inspection shows that the service quality is not conformable with National Technical Regulations or the standards announced by the enterprise, the Vietnam Telecommunications Department shall take actions as prescribed by law.

6. Inspectors shall take responsibility before law for the inspection results, retain the inspection data for at least 02 year from the day on which the report is made, provide explanation and inspection data for competent authorities at their request.

Article 12. Inspection cost

The costs of sampling, testing, inspecting, and assessing the telecommunications service quality according to the plan for services quality inspection or decisions on irregular inspection shall be covered by the budget Vietnam Telecommunications Department.

Chapter V

INSPECTION OF COMPLIANCE WITH REGULATIONS ON TELECOMMUNICATIONS SERVICE QUALITY MANAGEMENT

Section 1. The inspection carried out by state authorities

Article 13. Inspection plan

1. Annually, the Vietnam Telecommunications Department shall make an issue plans for inspecting the telecommunication enterprises licensed to provide telecommunications services by the Ministry of Information and Communications in January. Annually, based on the inspection plans issued by the Vietnam Telecommunications Department, Services of Information and Communications shall make an issue plan for inspecting local telecommunication enterprises in February.

2. The Vietnam Telecommunications Department and the Service of Information and Communications shall cooperate in making plans and carrying out inspections in order to ensure efficiency and avoid duplication.

Article 14. Inspection contents

1. Inspection contents of the Vietnam Telecommunications Department:

a) The compliance with regulations on telecommunications service quality announcement.

b) The compliance with regulations on telecommunications service quality reporting.

c) The compliance with regulations on telecommunications service quality inspection.

d) The compliance with regulations on internal supervision of telecommunications service quality.

dd) The compliance with regulations on disclosing information about telecommunications service quality.

e) Other contents of telecommunications service quality management prescribed by the Ministry of Information and Communications.

2. Inspection contents of the Services of Information and Communications:

The inspections at branches and affiliated units of local telecommunication enterprises shall be carried out as prescribed in Clause 1 of this Article within the competence of Services of Information and Communications.

Article 15. Inspection order

1. State management authorities shall decide each inspection, specify the composition of the Inspectorate; inspection contents and times, and inform the inspected telecommunication enterprise at least 07 working days before the inspection date.

2. The inspection shall be recorded in writing. The inspection record shall be signed by the chief inspector and legal representative of the telecommunication enterprise. Where the legal representative of the inspected telecommunication enterprise refuses to sign the record, the record that bears the signatures of the chief inspector and inspectorate members is still valid.

3. Where violations against regulations on telecommunications service quality management, the Inspectorate shall request the person that decides to carry out the inspection to take necessary actions as prescribed by law.

4. The inspectors shall retain inspection results and documents.

Article 16. Telecommunication enterprises preparing for the inspections

1. The legal representative of the inspected telecommunication enterprise shall work with the inspectorate throughout the inspection and facilitate the.

2. All documents, data, and instruments necessary for the inspection shall be prepared; explanation for such data and documents shall be provided at the request of the inspectorate; the legal representative is responsible for the accuracy of data and documents provided for the inspectorate.

Section 2. Internal inspection

Article 17. Regulations on internal inspection

Within 60 days from the effective day of this Circular, or from the day on which the telecommunication enterprises licensed to provide telecommunications services by the Ministry of Information starts providing telecommunications services, it shall:

1. Issue a set of rules on internal inspection of telecommunications service quality applicable to the services in “List of telecommunications services subject to quality management”, including:

a) The order and procedure for inspecting the compliance with this Circular.

b) The order and procedure for inspecting and assessing the telecommunications service quality according to National Technical Regulations and the rectification of the contents unconformable with National Technical Regulations.

2. Submit the set of rules to the Vietnam Telecommunications Department directly or by post.

Article 18. Internal inspection

1. A telecommunication enterprise shall carry out the internal inspection quarterly, including:

a) Inspecting the compliance with this Circular.

b) Assess the quality of each telecommunications service in the “List of telecommunications services subject to quality management” that is provided by the enterprise in at least 03 provinces.

2. The internal inspection result shall be recorded in writing in accordance with the template of the Report on periodic internal inspection of telecommunications service quality provided in Appendix VIII to this Circular and the Report on internal inspection of telecommunications service quality provided in Appendix IX, X, and XI to this Circular of each service.

3. Telecommunication enterprise shall retain the Reports on periodic internal inspection of telecommunications service quality and Reports on internal inspection of telecommunications service quality of each service together with the data used for making such reports for at least 02 years from the day on which such reports are made, and provide explanation for competent state authorities at their request.

Chapter VI

TELECOMMUNICATIONS SERVICE QUALITY SUPERVISION

Article 19. Supervision of telecommunications services in “List of telecommunications services subject to quality management”

1. The Ministry of Information and Communications shall decide the which service in the “List of telecommunications services subject to quality management” is subject to quality supervision and the supervision period based on the policies, management requirements, and the development of telecommunications services.

2. The Vietnam Telecommunications Department shall carry out the supervision, select a supervising organization among the supervising organizations appointed by the Ministry of Information and Communications to supervise services quality as prescribed in this Circular in any locality where services are provided. The Vietnam Telecommunications Department shall cooperate with Services of Information and Communications in supervising the quality of services under the management of Services of Information and Communications.

3. The supervision of telecommunications service quality shall comply with the methods in corresponding National Technical Regulations.

4. Supervising organizations shall take responsibility before the law for the supervision result; retain supervision data and documents for at least 02 years from the day on which the report on the supervision result is made, and send reports to competent state authorities at their request.

5. The cost of telecommunications service quality supervision is covered by the budget of the Vietnam Telecommunications Department.

Article 20. Internal telecommunications service quality supervision

1. The telecommunication enterprises licensed to provide telecommunications services by the Ministry of Information and Communications shall actively supervise the quality of all services in the “List of telecommunications services subject to quality management” that they provide.

2. Where a problem occurs to a service they provide, the telecommunication enterprise shall make an irregular report as prescribed in Clause 3 Article 8 of this Circular.

Chapter VII

DISCLOSING INFORMATION ABOUT TELECOMMUNICATIONS SERVICE QUALITY

Article 21. State management authorities disclosing information on telecommunications service quality management

1. The Vietnam Telecommunications Department shall disclose the following information on its website:

a) The plan for inspection of telecommunications service quality at telecommunication enterprises.

b) The plan for inspecting the compliance of telecommunication enterprises with regulations on telecommunications service quality management.

c) Inspection results provided by organizations appointed by the Vietnam Telecommunications Department to inspect telecommunications service quality of telecommunication enterprises.

d) The compliance of telecommunication enterprises with regulations on telecommunications service quality management.

2. Services of Information and Communications shall disclose the following information on their websites:

a) The plan of Services of Information and Communications for inspecting the compliance of local telecommunication enterprises with regulations on telecommunications service quality management.

a) The compliance of local telecommunication enterprises with regulations on telecommunications service quality management.

3. The Vietnam Telecommunications Department shall disclose information about telecommunications service quality on the website of the Ministry of Information and Communications and the mass media.

Article 22. Telecommunication enterprises disclosing information about telecommunications service quality

The telecommunication enterprises licensed to provide telecommunications services by the Ministry of Information and Communications shall disclose information about the quality of telecommunications services they provide on their websites in “Service quality” tab. The information in “Service quality” tab shall include:

1. The services they provide.

2. The technical standards applicable to each service prescribed in Clause 1 of this Article.

3. The announcement of quality of telecommunications services they provide.

4. Period reports on telecommunications service quality sent to the Vietnam Telecommunications Department.

5. Reports on internal telecommunications service quality inspection and Reports on internal quality inspection of each service as prescribed in Article 18 Chapter V of this Circular.

6. Addresses and phone numbers to receive and settle clients’ complaints.

7. Procedure for receiving and settling clients’ complaints.

8. Client support information.

Chapter VIII

IMPLEMENTATION

Article 23. The Vietnam Telecommunications Department shall:

1. Provide guidance on the implementation of this Circular.

2. Cooperate with Services of Information and Communications in local telecommunications service quality management.

3. Request the Ministry of Information and Communications to resolve issues relating to telecommunications service quality management.

Article 24. Departments of Information and Communications shall:

1. Monitor the quality of telecommunications services locally in accordance with the assignments.

2. Cooperate with the Vietnam Telecommunications Department based on the inspection plans posted on the website of the Vietnam Telecommunications Department.

3. Enter the website of the Vietnam Telecommunications Department to obtain information about services quality announcements and reports of telecommunication enterprises and other information about services quality management as prescribed in Clause 1 Article 21 of this Circular.

4. Discover and report the issues about quality locally and suggest solutions to the Ministry of Information and Communications and the Vietnam Telecommunications Department.

Article 25. Telecommunication enterprises shall:

1. Organize the implementation of the regulations on telecommunications service quality management in this Circular at all branches and affiliated units throughout the country.

2. Comply with the regulations on telecommunications service quality management in this Circular and relevant legislative documents.

3. Maintain the telecommunications service quality at the announced level. Immediately take actions to ensure services quality when a problem occurs or the telecommunications service quality is not conformable with the announcement.

4. Cooperate with involved telecommunication enterprises in maintaining internetworking telecommunications service quality.

5. Take responsibility for the quality of telecommunications services provided for users and take responsibility for their agents according to service contracts, agent contracts, and relevant laws.

Article 26. Effects

This Circular takes effect on May 10, 2013 and annuls the “Regulation on postal and telecommunications service quality management” enclosed with the Decision No. 33/2006/QD-BBCVT dated September 06, 2006 of The Minister of Post and Telecommunications

Article 27. Implementation responsibilities

1. The Chief officers, the Director of the Vietnam Telecommunications Department, Heads of Ministerial units; Directors of Services of Information and Communications; Directors of telecommunication enterprises and involved organizations and individuals are responsible for the implementation of this Circular.

2. Any difficulties during the implementation of this Circular should be reported to the Ministry of Information and Communications for consideration and settlement./.

The Minister

Nguyen Bac Son