Decision No. 33/2006/QD-BBCVT dated September 06, 2006 of the Ministry of Post and Telecommunications promulgating the Regulation on management of the quality of post and telecommunications services

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT OF THE QUALITY OF POST AND TELECOMMUNICATIONS SERVICES

THE MINISTER OF POST AND TELEMATICS

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;

Pursuant to the Govemment's Decree No. 90/20021 ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telematics;

Pursuant to the Government's Decree No. 157/ 2004/ND-CP of August 18, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding post;

Pursuant to the Government's Decree No. 160/ 2004/ND-CP of September 3, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding telecommunications;

Pursuant to the Government's Decree No. 179/ 2004/ND-CP of October 21, 2004, providing for the state management of the quality of products and goods;

Pursuant to the Prime Minister's Decision No. 190/ 2004/QD- TTg of November 8, 2004, on management of delivery services;

Considering Report No. 28/QLCL-CLDV of August 24, 2006, of the director of the Department for Management of the Quality of Post, Telecommuni­cations and Information Technology;

At the proposal of the director of the Science and Technology Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on management of the quality of post and telecommunications services.

Article 2.- This Decision shall take effect 15 days after its publication in "CONG BAO"

This Decision replaces Decision No. 176/2003/QD­BBCVT of November 10, 2003, of the Minister of Post and Telematics.

Article 3.- The director of the Office, the chief inspector, the director of the Science and Technology Department, directors of other departments, the director of the Department for Management of the Quality of Post, Telecommunications and Information Technology, heads of units under the Ministry of Post and Telematics, directors of provincial/municipal Post and Telematics Services, organizations and individuals involved in the provision and use of post, delivery, express delivery and telecommunications services shall have to implement this Decision.  

REGULATION

ON MANAGEMENT OF THE QUALITY OF POST AND TELECOMMUNI­CATIONS SERVICES
(Promulgated together with Decision No. 33/2006/QD-BBCVT of September 6, 2006, of the Minister of Post and Telematics)

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope and application subjects:

1. This document provides for management of the quality of post, delivery, express delivery and telecommunications services (hereinafter collectively referred to as post and telecommunications services).

2. This document applies to organizations and individuals involved in the provision and use of post and telecommunications services in Vietnam.

Article 2.- Contents of management of the quality of post and telecommunications services shall cover:

1. Announcing the quality of post and telecommuni­cations services.

2. Reporting on the quality of post and telecom­munications services.

3. Inspecting the quality of post and telecommuni­cations services.

4. Monitoring the quality of post and telecommuni­cations services.

5. Publicizing information on the quality of post and telecommunications services.

6. Inspecting, handling violations and settling complaints and denunciations about the quality of post and telecommunications services.

Article 3.- The quality of post and telecommuni­cations services shall be managed on the following grounds:

1. Legal documents of the Ministry of Post and Telematics and competent state agencies.

2. Standards promulgated or announced by the Ministry of Post and Telematics for compulsory application.

3. Standards voluntarily applied by enterprises to the announced quality of their post and telecommunications services.

Article 4.- For each period the Ministry of Post and Telematics shall promulgate a list of telecommuni­cations services subject to quality management in conformity with the management policies and requirements as well as the actual development of telecommunications services.

Article 5.- State management agencies in charge of the quality of post and telecommunications services:

1. The Department for Management of the Quality of Post, Telecommunications and Information Technology under the Ministry of Post and Telematics shall be in charge of the state management of the quality of post and telecommunications services throughout the country.

2. Provincial/municipal Post and Telematics Services shall perform the state management of the quality of post and telecommunications services in localities under their respective management according to their assigned functions, tasks and jobs.

Article 6.- Post and telecommunications service enterprises shall have the following responsibilities:

1. To strictly abide by the provisions on management of the quality of post and telecommuni­cations services of this document and relevant legal documents.

2. To ensure and maintain the quality of services according to the announced standards. To regularly inspect and monitor the quality of services they provide. In case of incidents or detecting that the quality of services is not up to the announced standards, to immediately apply measures in order to ensure the quality of such services.

3. To coordinate with the concerned units and enterprises in maintaining the quality of inter-network services.

4. To be accountable for the quality of services provided by their agents according to the provisions of law.

Article 7.- Post, delivery, express delivery and telecommunications service agents (hereinafter collectively referred to as agents) shall have to:

1. Strictly abide by the provisions on management of the quality of post and telecommunications services of this document and relevant legal documents.

2. Ensure the quality of services as agreed upon in agency contracts, for post, delivery and express delivery service agents.

3. Ensure the quality of services according to the service quality standards already announced by the licensed enterprises (specified in Article 8 of this document), for commissioned telecommunications service agents.

4. Take responsibility for the quality of services they provide, for telecommunications service subagents.

Chapter II

ANNOUNCEMENT OF THE QUALITY OF POST AND TELECOMMUNICATIONS SERVICES

Article 8.- Post enterprises; delivery or express delivery service enterprises; telecommunications enterprises licensed by the Ministry of Post and Telematics to provide services; telecommunications enterprises licensed by the Ministry of Post and Telematics to establish networks and provide services (hereinafter collectively referred to as licensed enterprises) shall have to:

1. Announce the quality of telecommunications services which are on the list of telecommunications services subject to quality management, and of public post services according to compulsory quality standards. The announced quality standards must not contravene the compulsory ones.

2. Announce the quality of post and telecommuni­cations services other than those defined in Clause 1 of this Article according to the quality standards they voluntarily apply.

Article 9.- Procedures for announcement of the quality of post and telecommunications services defined in Clause 1, Article 8 of this document are provided for as follows:

1. Licensed enterprises shall send dossiers for announcement of the quality of post and telecommunications services to the Department for Management of the Quality of Post, Telecommuni­cations and Information Technology. Such a dossier shall comprise a copy of the service provision license; an official letter on announcement of the quality of post and telecommunications services (made according to a set form); a notice of the quality of post and telecommunications services (made according to a set form); and a list of post and telecommunications service quality standards (made according to a set form).

2. Within five (05) working days after their valid dossiers are accepted, enterprises shall be granted notices of the acceptance of announcement of the quality of post and telecommunications services (made according to a set form).

3. After being granted notices of the acceptance of announcement of the quality of post and telecommunications services, licensed enterprises shall have to:

a/ Announce notices of the quality of post and telecommunications services and the list of post and telecommunications service quality standards on their websites;

b/ Post up notices of the quality of post and telecommunications services and lists of post and telecommunications service quality standards at easy­to-read places in all transaction offices.

Article 10.- With regard to post and telecommuni­cations services defined in Clause 2 of Article 8, licensed enterprises shall themselves announce the quality of post and telecommunications services according to the voluntarily applied standards published on their websites. Licensed enterprises are encouraged to announce the quality of their post and telecommunications services according to the procedures stipulated in Article 9 of this document.

Article 11.- Time limit for quality announcement:

1. With regard to telecommunications services on the list of those subject to quality management, licensed enterprises shall have to complete procedures for quality announcement prescribed in Article 9 of this document within sixty (60) days after the list of telecommunications services subject to quality management comes into force or after they start to provide services.

2. With regard to public post services, post enterprises shall have to complete the quality­announcement procedures prescribed in Article 9 of this document within sixty (60) days after the

compulsory standards promulgated or announced by the Ministry of Post and Telematics take effect.

3. With regard to post and telecommunications services other than those stipulated in Clauses 1 and 2 of this Article, licensed enterprises shall have to complete the announcement of the quality of post and telecommunications services within sixty (60) days after this document takes effect or after they start to provide services.

Article 12.- Licensed enterprises must refill in the procedures for, and complete the announcement of the quality of post and telecommunications services within sixty (60) days after the Ministry of Post and Telematics makes changes in the compulsory standards or concerned enterprises make changes in their voluntarily applicable standards for announcement of the quality of post and telecommunications services or in case of any changes in the announced contents.

Chapter III

REPORTING ON QUALITY OF POST AND TELECOMMUNICATIONS SERVICES

Article 13.- Periodical reports

The Department for Management of the Quality of Post, Telecommunications and Information Technology shall promulgate forms of periodical reports on the quality of post and telecommunications services. Licensed enterprises shall have to periodically report to the Ministry of Post and Telematics on the quality of telecommunications services on the list of those subject to quality management, and of public post services strictly according to the promulgated forms.

1. With regard to telecommunications services on the list of those subject to quality management, within the first twenty (20) days of each quarter, licensed enterprises shall have to report on the actual quality of telecommunications services they provide in the preceding quarter. Such a report must include all data on the actual quality of telecommunications services in each province or centrally-run city where licensed enterprises provide services.

2. With regard to public post services, before April 10 every year, post enterprises shall have to report on the actual quality of public post services they provide in the preceding year.

Article 14.- Extraordinary reports

1. Licensed enterprises shall, upon request, have to report to the Department for Management of the Quality of Post, Telecommunications and Information Technology on the actual quality of post and telecommunications services they provide.

2. Enterprises attached to licensed enterprises and agents in localities managed by provincial/municipal Post and Telecommunications Services shall, upon request, have to report to the latter on the actual quality of services they provide.

3. In case of incidents which disrupt the use of services in one or many provinces or cities or in the inter-provincial, inter-network or international direction for two (02) hours or more, within three (03) working days after the occurrence of such incidents, licensed enterprises shall have to report in writing on the causes, extent of impact and remedy of incidents to the Department for Management of the Quality of Post, Telecommunications and Information Technology and the provincial/municipal Post and Telecommunications Services in charge of the localities where the incidents occur.

Article 15.- Enterprises and agents shall have to archive data and documents used for making reports on the quality of post and telecommunications services for at least two (02) years after reporting; take responsibility for the accuracy and promptness of the reported contents, documents and data; explain and supply them to competent agencies upon request.

Chapter IV

INSPECTION OF QUALITY OF POST AND TELECOMMUNICATIONS SERVICES

Section 1. INSPECTION BY STATE MANAGEMENT AGENCIES

Article 16.- Planned inspection:

1. Annually, the Department for Management of the Quality of Post, Telecommunications and Information Technology shall announce plans on inspection of the quality of telecommunications services on the list of those subject to quality management, and of public post services, and coordinate with provincial/municipal Post and Telecommunications Services in conducting inspection according to the announced plans.

2. Inspection shall include inspection of the observance of regulations on management of the quality of post and telecommunications services; measurement and evaluation of all service quality according to the compulsory standards.

3. Before conducting inspection, the Department for Management of the Quality of Post, Telecommuni­cations and Information Technology shall issue a decision on inspection contents and schedule and send it to concerned enterprises at least seven (07) working days before inspection.

Article 17.- Extraordinary inspection

1. When necessary, the Ministry of Post and Telematics or the Department for Management of the

Quality of Post, Telecommunications and Information Technology shall decide to conduct extraordinary inspection of the quality of post and telecommuni­cations services; provincial/municipal Post and Telematics Services shall decide to conduct extraordinary inspection of enterprises attached to licensed enterprises as well as agents providing post and telecommunications services in localities under their management.

2. Extraordinary inspection by the Ministry of Post and Telematics or the Department for Management of the Quality of Post, Telecommunications and Information Technology shall include inspection of the observance of regulations on management of the quality of post and telecommunications services; measurement and evaluation of service quality according to standards announced by licensed enterprises.

3. Extraordinary inspection by provincial/municipal Post and Telematics Services shall include inspection of the implementation of regulations on management of the quality of post and telecommunications services; evaluation of service quality standards announced by licensed enterprises according to their voluntarily applicable standards. Where provincial/municipal Post and Telematics Services deem that an extraordinary inspection requires measurement, they shall send a written request to the Department for Management of the Quality of Post, Telecommunications and Information Technology for decision.

Article 18.- Measurement in service of inspection of the quality of post and telecommunications services shall be conducted by measurement units on the list of those operating in the domain of measurement of the quality of post and telecommunications services promulgated by the Ministry of Post and Telematics at the request of the Department for Management of the Quality of Post, Telecommunications and Information Technology.

Article 19.- Inspections must be recorded in writing. If detecting violations of regulations on post and telecommunications service quality standards, inspection teams shall report them to the persons who have issued decisions on their setting up for consideration and handling according to the provisions of law.

Article 20.- Responsibilities of inspected enterprises

1. Leaders of inspected enterprises or authorized persons prescribed by law shall have to work with inspection teams during the inSpection process and create favorable conditions for inspection.

2. To prepare all contents, documents, data and necessary facilities for measurement and inspection; take responsibility for the accuracy of data and documents; explain and supply data and documents at the request of inspection teams.

3. To provide free of charge post and telecommuni­cations services in service of quality measurement and inspection.

4. To immediately take measures to overcome shortcomings in terms of the quality of post and telecommunications services at the request of inspection teams.

5. To pay measurement expenses according to regulations of competent state agencies.

Article 21.- Units that measure the quality of post and telecommunications services for inspection shall take responsibility before law for inspection results; archive measurement data for at least two (02) years after making reports on measurement results and explain and supply them to competent agencies upon request.

Section 2. INSPECTION BY ENTERPRISES

Article 22.- Within sixty (60) days after this Regulation takes effect, licensed enterprises shall have to promulgate regulations on self-inspection of observance of the provisions of this document and the actual measurement and evaluation of the quality of post and telecommunications services according to the announced standards; and send such regulations to the Department for Management of the Quality of Post, Telecommunications and Information Technology.

Article 23.- Quarterly, licensed enterprises shall have to organize by themselves inspection of the observance of regulations on management of the quality of post and telecommunication services; measure and evaluate the quality of post and telecommunications services in each province or centrally-run city where they provide services. The inspection, measurement and evaluation results shall be recorded in writing according to a form set by the Department for Management of the Quality of Post, Telecommunications and Information Technology.

Licensed enterprises shall have to archive written records on inspection, measurement and evaluation results as well as data used for making such results for at least two (02) years after obtaining such results and report them to competent agencies upon request.

Chapter V

MONITORING OF THE QUALITY OF POST AND TELECOMMUNICATIONS SERVICES

Section 1. MONITORING BY STATE MANAGEMENT AGENCIES

Article 24.- The Ministry of Post and Telematics which decides on post and telecommunications services shall have to monitor the quality of telecommunications services on the list of those subject to quality management, and of public post services in each period, in line with the management policies and requirements and the actual development of post and telecommunications services.

Article 25.- Modes of monitoring the quality 6f post and telecommunications services:

1. Monitoring by special-use measuring devices: applicable to technical service quality standards.

2. Monitoring by other modes: applicable to quality standards of services.

Article 26.- The Department for Management of the Quality of Post, Telecommunications and Information Technology shall organize the monitoring by the modes stipulated in Clause 1, Article 25 of this document in all localities where services are provided throughout the country.

Article 27.- Provincial/municipal Post and Telecommunications Services shall conduct monitoring by the modes prescribed in Clause 2, Article 25 of this document in localities under their management. Within five (O5) working days after obtaining the results of monitoring of the quality of post and telecommunications services, provincial/municipal Post and Telecommunications Services shall send reports thereon to the Department for Management of the Quality of Post, Telecommunications and Information Technology.

Article 28.- The monitoring of quality standards of post and telecommunications services shall comply with the determination methods mentioned in the compulsory standards.

Article 29.- Units monitoring the quality of post and telecommunications services shall take responsibility before law for monitoring results; archive monitoring data for at least two (02) years after making reports on monitoring results and report them to competent agencies upon request.

If detecting cases where service quality standards are not up to those announced by enterprises, monitoring units shall report them to competent agencies for handling in accordance with the provisions of law.

Article 30.- Expenses for monitoring of the quality of post and telecommunications services shall comply with the regulations of competent state management agencies.

Section 2. MONITORING BY ENTERPRISES

Article 31.- Within sixty (60) days after the Ministry of Post and Telematics decides on post and telecommunications services subject to quality monitoring, licensed enterprises shall have to promulgate regulations on self-monitoring of the quality of such services and send them to the Department for Management of the Quality of Post, Telecommuni­cations and Information Technology.

Article 32.- Licensed enterprises shall have to organize in each province and centrally-run city regular self-monitoring of post and telecommunications services which are subject to quality monitoring under decisions of the Ministry of Post and Telematics.

The monitoring of post and telecommunications service quality standards must comply with the determination methods mentioned in compulsory standards.

Article 33.- In case of necessity, enterprises shall have to monitor post and telecommunications service quality standards at the request of the Ministry of Post and Telematics or the Department for Management of the Quality of Post, Telecommunications and Information Technology.

Article 34.- Enterprises shall have to archive written records on monitoring results and data for at least two (02) years after making them and, upon request, report to competent agencies thereon.

Chapter VI

PUBLICATION OF INFORMATION ON QUALITY OF POST AND TELECOMMUNICATIONS SERVICES

Article 35.- Quarterly, the Department for Management of the Quality of Post, Telecommuni­cations and Information Technology shall publicize information on the quality of post and telecommuni­cations services on the website of the Post and Telematics Ministry.

Article 36.- Information to be publicized include:

1. Post and telecommunications service quality and post and telecommunications service quality standards already announced by licensed enterprises.

2. The observance of the reporting regime and quality standards reported by licensed enterprises.

3. The results of inspection and monitoring of the quality of post and telecommunications services by competent state agencies.

Chapter VII

INSPECTION, HANDLING OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 37.- The post, telecommunications and information technology specialized inspectorate shall conduct inspection, handle violations and settle complaints and denunciations about the quality of post and telecommunications services according to the provisions of law.

Article 37.- The post, telecommunications and information technology specialized inspectorate shall conduct inspection, handle violations and settle complaints and denunciations about the quality of post and telecommunications services according to the provisions of law.

Article 38.- Inspected enterprises and agents shall have to promptly supply complete and accurate dossiers, documents and information related to inspection contents and take responsibility before law for the accuracy of supplied dossiers, documents and information.

Article 39.- All complaints and denunciations of organizations and individuals involved in the provision and use of post and telecommunications services in Vietnam related to the state management of post and telecommunication services shall comply with the provisions of law on complaints and denunciations.

Chapter VIII

ORGANIZATION OF IMPLEMENTATION

Article 40.- The Department for Management of the Quality of Post, Telecommunications and Information Technology:

1. To assume the prime responsibility for, and guide provincial/municipal Post and Telematics Services and enterprises in, the implementation of this document.

2. To sum up and report to the Ministry of Post and Telematics on the management of the quality of post and telecommunications services.

3. To study and propose to the Ministry of Post and Telematics issues related to the management of the quality of post and telecommunications services.

Article 41.- Provincial/municipal Post and Telematics Services

1. To perform the management of the quality of post and telecommunications services in localities under their management according to their assigned functions, tasks and contents.

2. To coordinate with the Department for Management of the Quality of Post, Telecommuni­cations and Information Technology in managing the quality of post and telecommunications services in localities under their management.

3. In January every year, to sum up and send reports on the management of the quality of post and telecommunications services in localities in the previous year to the Department for Management of the Quality of Post, Telecommunications and Information Technology.

4. To detect and report problems on the quality of services in localities to the Ministry of Post and Telematics and propose measures to handle them.

Article 42.- Post and telecommunications enterprises shall have to arrange major units, assign tasks to leaders for implementation and administration of the contents of management of the quality of post and telecommunications services provided for in this document.

Article 43.- Any problems arising in the course of implementing this Regulation should be reported to the Ministry of Post and Telematics for consideration and settlement.