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THE
GENERAL DEPARTMENT OF POST AND TELECOMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
143/2001/QD-TCBD
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Hanoi,
February 28, 2001
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DECISION
PROMULGATING THE REGULATION
ON CONTROL OF QUALITY OF THE POST AND TELECOMMUNICATIONS SERVICES AND NETWORKS
Pursuant to Decree No. 12/CP of March 11,
1996 of the Government on the functions, tasks, powers and organizational structure
of the General Department of Post and Telecommunications.
Pursuant to Decree No.109/1997/ND-CP of November 12, 1997 of the Government on
Post and Telecommunications;
Pursuant to Decision No.165/1999/QD-TTg of August 10,1999 of the Prime Minister
on establishment of the Postal Quality Control Center attached to the General
Department of Post and Telecommunications;
At the proposals of the Director of the Science, Technology and International
Cooperation Department and the Director of the Postal Quality Management
Center,
DECIDES:
Article 1.- To promulgate
together with this Decision the Regulation on Control of Quality of the Post
and Telecommunications Services and Networks.
Article 2.- This Decision
takes effect from July 1, 2001. All earlier regulations which are contrary to
this Decision are now annulled.
Article 3. The Director of
Office; the Chief Inspector, the Directors of the Departments, the Heads of the
units attached to the General Department of Post and Telecommunications; the
enterprises authorized by the General Department of Post and Telecommunications
to issue permits to set up networks or to provide post and telecommunications
services; the owners of chargeable intranets and the post and
telecommunications agents shall have to implement this Decision.
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GENERAL DIRECTOR OF POST AND
TELECOMMUNICATIONS
Mai Liem Truc
REGULATION
ON CONTROL OF
QUALITY OF THE POST AND TELECOMMUNICATIONS SERVICES AND NETWORKS
(Promulgated together with Decision No. 143/2001/QD-TCBD of February 28,
2001 of the General Director of Post and Telecommunications)
I. GENERAL PROVISIONS
Article 1.- The
promulgation of the Regulation on Control of Quality of the Post and
Telecommunication Services and Networks by the General Department of Post and
Telecommunications aims to create the legal basis for the State management of
the quality of the services and networks of post and telecommunications, raise
the sense of responsibility of the enterprises over the quality of the services
and networks supplied by them, ensure the interests of the users and strengthen
the supervision by society over the quality of the post and telecommunications
services and networks.
Article 2.- Objects and
scope of regulation:
1. This document stipulates the contents of
State management of quality of the public post and telecommunications services
and networks; the chargeable intranets and the post and telecommunications
agents on Vietnamese territory (hereunder collectively referred to as services
and networks).
2. This document is applicable to: the
enterprises licensed by the General Department of Post and Telecommunications
to set up networks and supply post and telecommunications services (hereunder
collectively referred to as enterprises); owners of chargeable intranets and the
post and telecommunications agents.
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1. To promulgate and guide the implementation of
the legal documents on the quality Control of services and networks;
2. To manage the registration of quality of
services and networks;
3. To organize the reporting on quality of
services and networks.
4. To check quality of services and networks;
5. To inspect and handle violations.
Article 4.- The quality of
post and telecommunication services and networks is controlled on the basis of
the branch Standards issued by the General Department; the international and
Vietnamese Standards announced by the General Department of Post and
Telecommunications for compulsory application; the quality norms registered and
reported by the enterprises; and other legal documents of the State concerning
to quality control.
Article 5.- The General
Department of Post and Telecommunications shall work out and announce the
"List of post and communications services and networks subject to
compulsory quality control" for each period.
Article 6.- The Postal
Quality Control Center attached to the General Department of Post and
Telecommunications is the main agency for the control of quality of post and
telecommunications services and networks in the whole country.
The regional Post Department and the Office of
the General Department of Post and Telecommunication (Region I Post Management
Section) has the responsibility to coordinate with the Post Quality Control
Center in guiding and inspecting the observance of the regulations on quality
control of the post and telecommunications services and networks in the areas
under their management.
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Article 8.- The owners of
chargeable intranets, post and telecommunication agents shall come under the
control and inspection by the General Department of Post and Telecommunications
as stipulated in this document and shall have to report on the quality when
requested.
II. REGISTRATION OF QUALITY OF POST AND
TELECOMMUNICATIONS SERVICES AND NETWORKS
Article 9.- The
registration of quality of services and networks is the commitment of the
enterprises to ensure the quality norms of the services and networks supplied
by them to the users.
Article 10.- The forms of
registration of service and network quality include:
1. Compulsory quality registration is the
commitment of the enterprise to guarantee quality of the services and networks
on the "List of post and telecommunications services and networks subject
to compulsory quality control".
2. Voluntary quality registration is the
voluntary commitment of the enterprise to guarantee the quality of the services
or networks not on the "List of post and telecommunications services and
networks subject to compulsory quality control".
Article 11.- The Postal
Quality Control Center shall issue the "Certificate of quality
registration for post and telecommunications services and networks"
(hereafter called quality registration certificate for short) on the basis of :
1. The branch standards promulgated by the General
Department of Post and Telecommunications.
2. The international standards and the
Vietnamese standards announced by the General Department for compulsory
application.
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The quality registration certificate is valid
for a given period depending on each type of post and telecommunication service
and network. The term is stated in the quality registration certificate.
Article 12.- The
enterprises which are issued the quality registration certificate shall have to
pay a quality control fee prescribed by the Ministry of Finance.
Article 13.- Procedures of
registering quality of services and networks:
1. The dossier of registration of quality of
service and networks includes:
a/ Application for quality registration;
b/ Permit to establish networks provide
services;
c/ List of quality norms and registration terms.
2. The dossier shall be received at one of the
following addresses:
- Postal Quality Control Center, 18 Nguyen Du,
Hanoi.
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- Post Department Region II, 27 Nguyen Binh
Khiem, District 1, Ho Chi Minh City.
- Post Department Region III, 42 Tran Quoc Toan,
Da Nang city.
3. Time limit for settlement:
Within 15 workdays after receipt of complete and
valid dossier, the Postal Quality Control Center shall issue the quality
registration certificate. In case of refusal of issuance due to the
non-conformity of the registration norms to the compulsory standards, the
Postal Quality Control Center shall have to inform such in writing to the
enterprise.
Article 14.- The
certificate shall be no longer valid in the following cases:
1. The real time has exceeded the time limit
written on the quality registration certificate.
2. The General Department of Post and
Telecommunications announces the abolition of the validity of the quality
registration certificate because the registered service or network does not
assure the quality as registered.
Article 15.- The
enterprise shall have to re-register the quality of the services and networks
in the following cases:
1. It is not issued with the quality
registration certificate as stipulated in Clause 3, Article 13 of this
document:
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3. The enterprise has changed its quality norms
and commitments.
The procedure for re-registration shall comply
with Article 13 of this Regulation.
Article 16.- Within 15
days after being issued with the quality registration certificate, the
enterprise must publicly announce the quality norms it has registered.
III. REPORTING ON THE QUALITY OF POST AND TELECOMMUNICATIONS
SERVICES AND NETWORKS
Article 17.- The report on
the quality of the services and networks shall be done by the enterprises,
owners of chargeable intranets and post and telecommunications agents on the
actual state of the quality of the services and networks supplied by them
according to the regulations and requirements of the General Department of Post
and Telecommunications.
Article 18.- The regimes
of reporting on the quality of the services and networks include:
1. Periodical reports: Quarterly, the
enterprises having registered for service and network quality shall have to
report to the General Department of Post and Telecommunications on the quality
of the services and networks supplied by them;
2. Irregular reports: Basing itself on the
actual situation and the case-by-case basis, the General Department of Post and
Telecommunications may request the enterprises, owners of chargeable intranets,
and post and telecommunications agents to make irregular reports.
Article 19.- The addresses
of reception of reports are the same as specified in Clause 2, Article 13.
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IV. INSPECTION OF QUALITY OF POST AND
TELECOMMUNICATIONS SERVICES AND NETWORKS
Article 21.- The
inspection of the quality of services and networks is based on the quality
norms that the enterprises have registered and the standards stipulated in
Article 11 of this document.
Article 22. The regime of
quality inspection of services and networks include:
1. Inspection according to the annual plan of
the General Department of Post and Telecommunications.
2. Unnotified inspection at the request of the
General Director of Post and Telecommunications
At least seven days before unnotified
inspection, the Postal Quality Control Center shall have to send a written
notice to the enterprise or the owner of chargeable intranet or the post and
telecommunications agent on the time when the inspection shall begin and the
plan of inspection.
Article 23.- In the course
of inspection, the enterprises, the owners of chargeable intranets and the post
and telecommunication agents shall have to supply fully the dossiers and
documents to the inspection agency and take responsibility for the contents
supplied by them, at the same time to create favorable conditions for the
speedy and effective inspection.
The measurements and tests in service of the
quality control shall be carried out under the supervision of the Postal
Quality Control Center.
Article 24.- In case the enterprise
does not have the capabilities to conduct the measurements, the Postal Quality
Control Center shall conduct the measurements or ask a measurement agency
appointed by the General Department of Post and Telecommunications to join in
the measurement of the quality of the services and networks of the enterprise.
The enterprise subject to the measurement shall have to pay the measurement
expenses as agreed with the units conducting the measurements and supply free
of charge the service charge, the network catering for the measurement and
testing of the quality.
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Article 26.- Within 15
days after the inspection result is known, the Postal Quality Control Center
shall have to inform the enterprise, the chargeable intranet owner, and the
post and telecommunications agent of the result of the measurements.
V. INSPECTION AND HANDLING OF VIOLATIONS
Article 27.- The
Inspectorate of the General Department Post and Telecommunications shall
coordinate with the Postal Quality Control Center, the Office of the General
Department (the Post Management Section, Region I) and the Regional Post
Departments in inspecting the observance of the regulations on the control of
the service and network quality as prescribed by law.
Article 28.- The inspected
enterprises and owners of chargeable intranets and the post and
telecommunications agents shall have to supply and take responsibility for the
accuracy of the necessary dossiers, documents and information related to the
inspected contents in order to create favorable conditions for the inspection.
Article 29.- The
violations of the regulations on control of quality of services and networks
shall be handled according to Decree No.79/CP of June 19, 1997 of the
Government stipulating sanctions against administrative violations in the field
of State management of post and telecommunications and radio frequencies.
GENERAL DIRECTOR OF POST AND
TELECOMMUNICATIONS
Mai Liem Truc