Circular No. 14/2018/TT-BTTTT dated October 15, 2018 of the Ministry of Information and Communications on providing for management of postal service quality

THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Circular No. 14/2018/TT-BTTTT dated October 15, 2018, of the Ministry of Information and Communications on providing for management of postal service quality

Pursuant to the Law on Post dated June 17, 2010;

Pursuant to the Law on Product and Goods Quality dated November 21, 2017;

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

Pursuant to Decree No.17/2017/ND-CP dated February 17, 2017, of the Government on functions, duties, rights and organizational structure of the Ministry of Information and Communications;

At the request of the Director of Post Department,

The Minister of Information and Communications promulgates a Circular providing for management of postal service quality.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular provides for management of quality of public postal services, press-related public services (hereinafter referred to as “public postal service") and non-public postal services, including declaring postal service quality, inspecting, reporting and publishing postal service quality information.

Article 2. Subjects of application

This Circular applies for state management agencies for postal services and postal service providers in Vietnam.

Article 3. Principles for management of postal service quality

1. Management of postal service quality shall be performed by postal service providers for the purpose of improving postal service quality and competitive capacity.

2. State management for postal service quality must ensure transparency and subjectivity, avoid discrimination, and protect legal rights and benefits of service users and service providers.

Chapter II

DECLARING POSTAL SERVICE QUALITY

Article 4. Declaring postal service quality

1. The postal service provider shall decide and declare the applied quality standard of public postal services but not lower than the quality standards specified in National technical regulations QCVN 01:2015/BTTTT on quality of public postal services and press-related public services (hereinafter referred to as “Regulations”) and must make registration of conformity declaration with the Ministry of Information and Communications under regulations in Clause 2 this Article.

2. Procedures for registering conformity declaration:

a) The service provider must register a new conformity declaration if:

- It is assigned additional public tasks;

- The applied technical regulations are changed, amended or replaced;

- Such provider makes any change to the registered conformity declaration.

b) An application for registration of conformity declaration includes:

- The conformity declaration (according to Form No.01 provided in the Appendix issued thereof);

- A self-evaluation report consisting of the following information:

+ Name of the service provider, business address, telephone number, fax number, email address, website;

+ Name of the service provided;

+ Technical regulation number;

+ Conclusion on the conformity of the services provided with technical regulations;

+ Commitment on technical-regulation conformity and to take legal responsibility for the service quality and self-evaluation result.

c) The public postal service provider shall send one application specified in Point b this Clause to the Ministry of Information and Communications within 10 working days from the date of change prescribed in Point a this Clause.

d) The Ministry of Information and Communications shall check the legality of the application and issue an announcement for receipt of registration of conformity declaration (according to Form No.02 provided in the Appendix issued thereto) within 5 working days from the day on which the satisfactory application specified in Point b this Clause is received.

The announcement for receipt of registration of conformity declaration shall be posted on the portal of the Ministry of Information and Communications and sent to the service provider by post.

In case the application is found unsatisfactory or not legally acceptable, the Ministry of Information and Communications shall send a written explanation to the service provider.

Article 5. Declaring non-public postal service quality

The postal service provider shall decide and declare the applied quality standard of each non-public postal service provided. The declaration must specify the time for declaration and time limit for complaint handling.

Chapter III

POSTAL SERVICE QUALITY INSPECTION

Article 6. Self-inspection of service quality

The postal service quality shall decide the methods for internal control and manage service quality as well as carry out self-inspection of postal services for the purpose of quality assurance.

Article 7. Service quality inspection

1. Periodic inspection:

The Ministry of Information and Communications shall carry out annual postal service quality inspection nationwide. Departments of Information and Communications of provinces and centrally-affiliated cities (hereinafter referred to as “provinces”) shall carry out postal service quality inspection in the area under their management.

a) The scope of inspection includes:

- Compliance with regulations on postal service quality including data and document retention, reporting and other relevant activities;

- Fulfillment of quality criteria based upon the quality standards declared;

- Publishing of service quality information by the enterprise;

- Self-inspection by the postal service provider

b) Inspection procedures:

- The state management agency for postal service shall establish an inspectorate upon consideration of an approved inspection program or plan. The inspection decision must be sent to the service provider at least 7 working days before the inspection.

- The inspectorate shall work with the legal representative of the service provider or the authorized person by such legal representative in order to publish the inspection decision, announce inspection matters and requirements applied to data documents and equipment serving such inspection.

- The head of the inspectorate shall decide methods for inspection of the quality of postal service provided by the service provider.

2. Irregular inspection:

a) The state management agency shall carry out irregular inspection if any complaint or denunciation about law violations related to service quality or failure to assure service quality declared is received. Inspection matters and inspection method shall be decided by the state management agency.

b) The Ministry of Information and Communications shall decide to carry out irregular inspection of the quality of postal services provided nationwide. Provincial Departments of Information and Communications shall decide to carry out irregular inspection of the quality of postal services provided in the area under their management.

c) The irregular inspection decision, inspection time and inspection matters shall be notified to the service provider at least 2 working days before the inspection.

Article 8. Inspection funding

Funding for postal service quality inspection shall be allocated from the State budget and specified in the estimate given to the inspection agency.

Chapter IV

REPORTING POSTAL SERVICE QUALITY

Article 9. Reporting

1. Every postal service provider shall send a report on the result of service quality self-inspection (which is made according to Forms No. 03 and No. 04 provided in the Appendix issued thereof) together with an electric copy to the email to the Ministry of Information and Communications and its provincial branches which are then sent to the Department of Information and Communications.

2. The postal service provider shall send irregular reports on postal service quality to the state management agency as required.

3. Mailing address

a) The  Ministry of Information and Communications

Postal Service Department - Ministry of Information and Communications

Address: 18 Nguyen Du Street, Hai Ba Trung district

Hanoi City 10046

Email:[email protected]

b) Provincial Departments of Information and Communications: name, address and email address of the recipient shall be posted on the website of such Departments.

Article 10. Data and document retention

1. The postal service provider shall retain documents and data used for making the report on postal service quality for at least 1 year from the day on which such report is prepared.

2. The state management agency for postal services shall retain data and documents used for inspection and inspection result reports for at least 2 years from the end date of the inspection.

Chapter V

PUBLISHING POSTAL SERVICE QUALITY INFORMATION

Article 11. Publishing of information by state management agencies

The state management agency shall publicly post the result of service quality inspection and compliance with regulations herein performed by the postal service provider on its website or portal.

Article 12. Publishing of information by postal service providers

1. The postal service provider shall have a website which contains a page called “service quality management” where the information on management of public postal service quality is published.  Information to be published includes:

a) Public postal service quality;

b) Conformity declaration;

c) Announcement for receipt of application of conformity declaration registration;

d) Annual report on the result of service quality self-inspection submitted to the Ministry of Information and Communications

The information specified in Point a and b this Clause must be posted at easy-to-read places or published in other forms which enables the customers to get access to such information at all service points (except for agents, kiosks and independent public post boxes).

2. The postal service provider shall publish information on the following issues:

a) Type of postal service provided and regulations on applied quality standards;

b) The contact point for receiving and handling customers complaints about the postal service quality;

c) Procedure for receiving and handling customers’ complaints about the postal service quality;

d) Customer service information

The aforesaid information must be posted in a noticeable manner or published in other forms which enable customers to get access to such information at all service points and on the column called "service quality management" on an available website (if any).

Chapter VI

IMPLEMENTATION PROVISIONS

Article 13. Responsibilities of Department of Postal Service

1. Perform the task of state management for postal service quality nationwide, assess the application for conformity declaration and issue an announcement of receipt of such application.

2. Prepare an annual plan and method for postal service quality inspection which is sent to the Minister of Information and Communications.  Take charge and cooperate with provincial Departments of Information and Communications in implementing the plan or method for postal service quality inspection that is approved.

3. Send a consolidated report on the management of postal service quality to the Minister of Information and Communications.

4. Conduct a study to propose tasks related to management of postal service quality.

Article 14. Responsibilities of Provincial Departments of Information and Communications

1. Perform the task of state management for postal service quality as authorized and assigned, prepare inspection plans or methods and carry out annual postal service quality inspection in the area under their management.

2. Carry out postal service quality inspection as required by the Ministry of Information and Communications and send the report on inspection result to such Ministry after inspection.

3. Send the proposal of the provision of funding for management of postal service quality from local government budget to the provincial People’s Committees.

Article 15. Responsibilities of postal service providers

1. Ensure that the postal service quality is conformable with the one declared.  Take remedy measures if detecting the postal service quality is inconsistent with the one declared and send a report on such remedy to the state management agency.

2. Arrange the contact point and assign persons to perform the task of state management for postal service quality prescribed herein.

3. The service provider subject to inspection must send a document in which name, job title and telephone number of its legal representative or authorized person working with the inspectorate are specified to the inspection agency before the inspection.

4. The legal representative or authorized person must work with the inspectorate during the inspection and facilitates such inspection.

5. Prepare all data, documents, and instruments necessary for inspection, provide and take responsibility for accuracy and punctuality of the data, documents, and representation provided as required by the inspectorate.

Article 16. Effect

1. This Circular takes effect on December 01, 2018.

2. Circular No.15/2011/TT-BTTTT dated June 28, 2011, of the Minister of Information and Communications providing for management of postal service quality, will expire from the effective date of this Circular.

Article 17. Implementation responsibility

1. Chief Office, Director of the Department of Postal Service, Directors of entities affiliated to the Ministry of Information and Communications and provincial Department of Information and Communications, Directors of postal service providers and relevant entities shall take responsibility to implement this Circular.

2. Should any question arise during implementation, entities concerned shall promptly inform the Ministry of Information and Communications for consideration and amendment./.

The Minister

Nguyen Manh Hung