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THE
MINISTRY OF INFORMATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
15/2011/TT-BTTTT
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Hanoi,
June 28, 2011
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CIRCULAR
ON PRESCRIBING THE QUALITY CONTROL OF POSTAL SERVICES
THE MINISTER OF INFORMATION AND COMMUNICATIONS
Pursuant to the Law on Post
of June 17, 2010;
Pursuant to the Law on
Product and goods quality of November 21, 2007;
Pursuant to the Law on
Technical regulations and standards of June 29, 2006;
Pursuant to the Government's
Decree No. 187/2007/ND-CP of December 25, 2007 defining functions, tasks,
powers and organizational structure of the Ministry of Information and
Communications;
At the proposal of The
Director of the Department of Information technology and communication quality
control.
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Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and Subjects of application
1. This
Circular prescribes the quality control of postal services.
2. This
Circular is applicable to State management agencies of postal service quality;
organizations and individuals providing, participating in the provision of
postal services in Vietnam.
Article 2. State management agencies of postal service
quality:
1. The
Authority of Information and Communication Technology Quality Control
affiliated to the Ministry of Information and Communications is the State
management agency of postal service quality nationwide.
2. The
Services of information and communication shall perform State management of
postal service quality under their management local in accordance with the
assigned functions, tasks and contents.
Article 3. Enterprises providing postal services are
responsible to:
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2. Ensure and
sustain the service quality as announced; regularly perform inspection of
quality of provided services. When detecting the inconformity of service
quality with the accounced standards, it is required to instantly take remedial
measureas for assuring the quality of such services.
3. Cooperate
with relevant units and enterprises in maintaining the quality of inter-network
service.
4. Bear
responsibilities for the provided service quality at the service places
as prescribed by law.
Chapter II
PUBLIC POSTAL SERVICE
QUALITY CONTROL
Section 1. REGULATION CONFORMITY ANNOUNCEMENT OF PUBLIC POSTAL
SERVICES
Article 4. Enterprises providing postal services appointed
by the State to perform public postal duties (hereinafter referred to as
appointed enterprises) are responsible to announce the regulation conformity of
public postal services under the “National technical regulations of public
postal services” (hereinafter referred to as Regulation) promulgated by the
Ministry of Information and Communications. The announcement must be consistent
with the Regulation.
Article 5. Registration procedures for regulation conformity
announcement
1. Within ten
(10) working days as from this Circular takes effect, or newly-promulgated
regulations take effect, or the Ministry of Information and Communications make
changes in the regulations, or enterprises make changes in the previously
announced contents, appointed enterprises must send 01 set of dossier on
regulation conformity announcement to the Department of Information technology
and communication quality control. The dossier includes:
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b) The
written regulation conformity announcement (under the form in Annex II of this
Circular);
c) The list
of quality norms for public postal services (under the form in Annex III of
this Circular).
2. Method of
implementation: Appointed enterprises shall send the dossier on regulation
conformity announcement through the postal system or send directly to the
Department of Information technology and communication quality control.
3. Within
five (05) working days as from the dossier approval, the Authority of
Information and Communication Technology Quality Control shall issue the
“Notice of reception of written regulation conformity announcement” (under the
form in Annex IV of this Circular) to enterprises. If the dossier is not
approved, the Department shall reply enterprises in writing.
4. Within
thirty (30) working days as from the date of issuing the “Notice of reception
of written regulation conformity announcement”, appointed enterprises are
responsible to:
a) Publicize
the information about regulation conformity announcement of public postal
services as prescribed in clause 1 Article 21 of this Circular.
b) Legibly
post up the “Regulation conformity announcement” and the “List of quality norms
for public postal services” in the service places (except for the service
places being public mailboxes).
Section 2. REPORTS OF PUBLIC POSTAL SERVICE QUALITY
Article 6. Periodic reports:
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2. Before the
January 20th and July 20th every year, appointed
enterprises shall report the quality of public postal services provided in the
previous 6 months to the Authority of Information and Communication Technology
Quality Control. The report includes: documents and electronic documents (soft
file), electronic documents being sent to the electric mailbox of the Authority
of Information and Communication Technology Quality Control ([email protected])
concurrently with the written reports
Article 7. Irregular reports:
1. Appointed
enterprises are responsible to report the actual quality of provided public
postal services to the Authority of Information and Communication Technology
Quality Control when being requested.
2.
Enterprises providing public postal services in the localities under the
management of the Seivices of Information and Communications are responsible to
report the actual quality of provided public postal services to the Seivices of
Information and Communications when being requested.
Article 8. The figures, documents used for making reports
on public postal service quality must be archived in at least two (02) years as
from the date of reporting. The reporting units must be responsible for the
accuracy and promptness of the contents, documents and figures reported,
explained and provided for competent agencies when being requested.
Section 3. INSPECTION BY STATE MANAGEMENT AGENCIES OF PUBLIC
POSTAL SERVICE QUALITY
Article 9. Planned inspection
1. Annually,
the Authority of Information and Communication Technology Quality Control shall
inspect public postal service quality of appointed enterprises.
2. The
inspection contents include:
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b) Testing,
sampling and inspecting, assessing service quality norms under the regulations
and the quality standards announced by appointed enterprises.
3. Order and procedures for
inspection:
a) Before
inspecting, the Authority of Information and Communication Technology Quality
Control shall issue a decision on the inspection and send to inspected
enterprise at least 07 (seven) working days before the date of inspection.
b) The
Inspection team shall announce the decision on inspection, notify the
inspection content and requirements for figures, documents and facilities
serving the inspection.
c) The
Inspection team shall inspect the notified contents, perform tests and sampling
serving inspection, assessment of the service quality norms under the
regulation. The test and sampling shall be performed randomly at any time
during the inspection and at any places within the inspected area. The Chief of
inspection team shall decide on specific test and sampling method, ensuring the
observance of the regulations.
d) Inspection
team shall hold meetings with inspected enterprise and make inspection record.
The inspection record must contain the signatures from the Chief of inspection
team and the legal representative of the inspected enterprise, or the person
authorized by the legal representative of the inspected enterprise. In case the
legal representative of the inspected enterprise or the person authorized by
the legal representative of the inspected enterprise refuses to sign the
record, the record containing the signatures from the Chief of inspection team
and the members of inspection team is still valid.
e) Within 10
(ten) working days as from the end of the inspection, the Authority of
Information and Communication Technology Quality Control shall make written
conclusion on the inspection contents and send to the inspected enterprise.
Article 10. Irregular inspection
1. The
Authority of Information and Communication Technology Quality Control shall
perform irregular inspection of public postal service quality of appointed
enterprises. The Departments of Information and Communications shall make
decision on performing irregular inspection of local enterprises providing
public postal services under their management.
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Article 11. Responsibilities of inspected units
1. For
planned inspections, inspected enterprises must make documents specifying the
full name, position, phone number of the legal representative of the enterprise
or the person authorized by legal representatives of the enterprise who works
with the inspection team and send to the Authority of Information and
Communication Technology Quality Control at least 01 working day before the
date of inspection written in the decisions on the inspection.
2. Legal
representatives of inspected units, or the person authorized in writing by
legal representatives of inspected units must work with inspection team
throughout the inspections and facilitate the inspections.
3. Fully
preparing necessary facilities, contents, documents, figures for the
inspection; providing and bearing responsibilities for the accuracy, promptness
of the figures, documents and explain when being requested by the inspection
team.
4. Promptly
taking remedial measures for the defects in public postal service quality at
the request of inspection team.
Article 12. Inspection expenses
1. Expenses
on sampling, testing, inspecting and assessing the norms serving the inspection
of public postal service quality shall be allocated by the State budget and
laid in the budget estimates for the activities of inspecting agencies.
2. Basing on
the results of inspection, asessment and tests, if the inspecting agencies
conclude that the inspected enterprises have committed violations of provisions
on public postal service quality, the inspected enterprises must pay for the
expenses on sampling, testing, inspecting and assessing to inspecting agencies.
Article 13. Archiving figures
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Section 4. SELF-INSPECTION BY ENTERPRISES OF PUBLIC POSTAL
SERVICE QUALITY
Article 14. Within sixty (60) days as from this Circular
takes effect, appointed enterprises must promulgate the regulation on
self-inspections and assessment of public postal service quality under the
regulations and in compliance with the provisions in this Circular.
Article 15. Every (06) six months, appointed enterprises
must self-inspect the observance of provisions on public postal service quality
control; inspect and assess all the quality norms for public postal services
under the regulations. The results of self-inspections and assessments must be
made in writing under the form prescribed in Annex VII of this Circular.
Article 16. Appointed enterprises must archive the
results of self-inspections, assessments and the figures, documents which be
used for making such results in at least two (02) years as from the date of
getting the results of self-inspections, assessments and send report to
competent agencies when being requested.
Chapter
III
NON-PUBLIC POSTAL
SERVICE QUALITY CONTROL
Article 17. Announcing service quality
1.
Enterprises which are issued by the Ministry of Information and Communications
with the permit for postal service business or the written notification of
postal activities, are responsible to announce service quality consistently
with the standards according to they voluntarily apply in at least one of the
following forms:
a) Announcing
on the enterprises’ websites,
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c) Making
written commitment with customers in the contracts, reception notes, fliers or
other forms.
2. In case
enterprises establish voluntarily applied standards to announce non-public
postal service quality, the standards must at least include the following
criterias:
a) Completion
time: is the period calculated from the time when the sending mail is accepted
until being valid handed out to the receiver;
b) Time of
complaint settlement.
Article 18. Reports on service quality
1.
Enterprises providing non-public postal services are responsible to report at
the request of the Authority of Information and Communication Technology
Quality Control.
2. Local
enterprises providing non-public postal services under the management of the
Departments of Information and Communications are responsible to report at the
Departments’ requests.
Article 19. Service quality inspection
1. State
management agencies of postal service quality shall make decision on inspecting
enterprises of the observance of provisions on postal service quality control
and perform actual inspection and assessment of the non-public postal service
quality of enterprises under the standards announced by the enterprises. The
methods of actual inspection and assessment of each particular service shall be
decided by the Ministry of Information and Communications.
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Chapter IV
PUBLICIZING INFORMATION
ABOUT POSTAL SERVICE QUALITY CONTROL
Article 20. The Authority of Information and Communication
Technology Quality Control shall publicize the information about public postal
service quality control on the website of the Authority of Information and
Communication Technology Quality Control. The publicized information includes:
1. The
implementation process of publicizing the quality and the quality norms for
public postal services announced by enterprises.
2. The
observance of the report regulation and the quality norms for public postal
services reported by enterprises.
3. The actual
inspection results of the quality norms for public postal services.
Article 21. Appointed enterprises must have the websites that
contain the item “Service quality control” in the home page in order to
publicize the information about their postal service quality control. The
publicized information includes:
1. The
regulation conformity announcement and the List of quality norms for public
postal services sent to the Authority of Information and Communication
Technology Quality Control.
2. The
periodic reports on public postal service quality sent to the Authority of
Information and Communication Technology Quality Control.
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4. The
address and phone number to receive and settle customers’ complaints on the
service quality.
5. The
process for receiving and settling customers’ complaints on the service
quality.
6. The
information about customer assistance.
Chapter V
ORGANIZING THE
IMPLEMENTATION
Article 22. The Authority of Information and Communication
Technology Quality Control shall:
1. Presides
over and guides the the Departments of Information and Communications and
enterprises to implement this Circular.
2. Sum up and
send reports to the Ministry of Information and Communications on the postal
service quality control.
3. Study and
send proposal to the Ministry of Information and Communications on the problems
relating to the postal service quality control.
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1. Perform
postal service quality control in the localities under their management in
accordance with the assigned functions, tasks and contents. Guide the local
enterprises operating under their management to implement this Circular.
2. Detect and
reflect the defects in local postal service quality, report to the Authority of
Information and Communication Technology Quality Control and propose remedial
measures.
Article 24. Appointed enterprises are responsible to:
1. Arrange
the primary units, assign leading officers to deploy and operate the postal
service quality control contents prescribed in this Circular.
2. Re-perform
application procedures for regulation conformity announcement, re-promulgate
the self-inspection regulation if there is any change compared to the
announcement dossier sent to the Authority of Information and Communication
Technology Quality Control, or the promulgated self-inspection regulation.
Article 25. Effects
1. This
Circular takes effect after 45 days as from its signing.
2. Abolishing
the contents on postal service quality control prescribed in the “Regulation on
telecommunication and postal service quality control” promulgated together with
the Decision No. 33/2006/QD-BBCVT of September 06, 2006 by The Minister of Post
an telecommunication.
Article 26. Responsibilities for implementation
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2. During the
course of the implementation of this Circular, any obstruction should be
reported promptly to the Ministry of Information and Communications./.
FOR
THE MINISTER
DEPUTY MINISTER
Nguyen Thanh Hung