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THE
MINISTRY OF POST AND TELECOMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
05/2007/QD-BBCVT
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Hanoi,
April 05, 2007
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DECISION
PROMULGATING THE REGULATION ON
SETTLEMENT OF COMPLAINTS AND GUIDANCE ON SETTLEMENT OF DISPUTES BETWEEN USERS
AND PROVIDERS OF POST, DELIVERY, TELECOMMUNICATIONS AND INTERNET SERVICES
THE MINISTER OF POST AND
TELEMATICS
Pursuant
to the April 27,1999 Ordinance on the Protection of Consumers 'Interests;
Pursuant to the May 25,2002 Ordinance on Post and Telematics;
Pursuant to the Governments Decree No. 69/2001/ND-CP of October 2, 2001,
detailing the implementation of the Ordinance on the Protection of Consumers
'Interests;
Pursuant to the Government's Decree No. 90/2002/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. 55/2001/ND-CP of August 23, 2001, on
the management, provision and use of Internet services,
At the proposal of the chief inspector of the Ministry ofPost and Telematics,
DECIDES:
Article 1.- To promulgate together with this Decision the
Regulation on the settlement of complaints and
the guidance on settlement of disputes between users and providers of post,
delivery, telecommunications and Internet services.
Article 2.- This Decision takes effect 15 days after its
publication in "CONG BAO."
Article 3.- The chief inspector of the Ministry, the
director of the Office, directors, and heads of agencies and units under the
Ministry, directors of provincial/municipal Services of Post and Telematics,
and organizations and individuals that deal in and use post, delivery,
telecommunications and Internet services shall implement this Decision.
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MINISTER OF
POST AND TELEMATICS
Do Trung Ta
REGULATION
ON SETTLEMENT OF COMPLAINTS AND
GUIDANCE ON SETTLEMENT OF DISPUTES BETWEEN USERS AND PROVIDERS OF POST,
DELIVERY, TELECOMMUNICATIONS AND INTERNET SERVICES
(Promulgated together with Decision No. 05/2007/QD-BBCVT of April 5, 2007,
of the Minister of Post and Telematics)
Chapter I
GENERAL
PROVISIONS
Article 1- Scope of regulation
This
Regulation provides for the order and procedures for settlement of
operation-related complaints (below referred to as complaints for short) and
guidance on settlement ofdisputes arising in the performance of contracts
between users and providers ofpost, delivery, telecommunications and Internet
services
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Enterprises
and agents providing post, delivery, telecommunications and Internet services
and lawfully operating in Vietnam.
2. Post,
delivery, telecommunications and Internet service users (below referred to as
service users for short), including:
a/ Organizations and individuals
named as senders or addressees on mails, postal matters parcels
b/ Organizations and individuals
named in service use contracts and direct users of services at service points
of service providers or at agents lawfully operating in Vietnam.
3. State
management agencies which guide the settlement of disputes between service
users and service providers, including:
a/ The
Inspectorate of the Ministry of Post and Telematics;
b/
Provincial/municipal Services of Post and Telematics.
Article 3.- Complainants or persons requesting
settlement of disputes under this Regulation include
1. Service
users defined in Clause 2, Article 2 of this Regulation.
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3.
Organizations protecting consumers' interests under authorization by service
users.
Article 4.- Rights and obligations of complainants
1.
Complainants may lodge their complaints about problems in the provided services
in accordance with law.
2.
Complainants who disagree with service providers' complaint settlement results
may file a request for dispute settlement with competent state management
agencies defined in Clause 1, Article
6 of this
Regulation or initiate lawsuits at a competent court in accordance with law.
3. In exercising their right to
complain, complainants are obliged to supply relevant papers, proofs or grounds
and bear responsibility for their complaints, papers, proofs or grounds in
accordance with law
Article 5.- Service providers' responsibility to settle
complaints
1. To
formulate their complaint settlement processes, publicly post them up at
transaction places and report them to the Ministry of Post and Telematics.
2. To
receive and consider complaints and give replies on the services already
provided within the time limit specified in Article 12 of this Regulation.
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Article 6.- Competent state management agencies'
responsibility to guide the settlement of disputes
1.
Provincial/municipal Post and Telematics Services shall guide the settlement
ofdisputes which arise within their settlement scope and in geographical areas
under their management.
2. The Post
and Telematics Ministry's Inspectorate shall coordinate with the Ministry's
relevant units and provincial/municipal Post and Telematics Services in guiding
the settlement of disputes.
3. The
guidance on dispute settlement must comply with Articles 20, 21, 22 and 23 of
this Regulation.
Article 7.- Complaint settlement principles and dispute
settlement guidance
1. Complaints shall be settled
first through negotiation between the parties. When no agreement can be reached
through negotiation, service providers shall take technical and operational
measures to identify the causes, settle complaints and give replies to
complainants.
2. The
dispute settlement shall be guided on the principles of ensuring democracy,
objectivity, equality and the lawful rights and interests of the disputing
parties.
3. When the
dispute settlement guidance fails, the disputing parties may initiate lawsuits
at a competent court for settlement in accordance with law.
Chapter II
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Article 8.- Complainant s may mak e oral complaints (even
by phone) or send written complaints to service providers and request service
providers to receive complaints in accordance with Article 11 of this
Regulation.
Article 9.- Conditions for a complaint to be settled
1. The
complainant must be among those subjects defined in Article 3 of this
Regulation.
2. A
complaint shall be lodged within the statute of limitations for lodging
complaints specified in Article 10 of this Regulation.
Article 10.- Statute of limitations for lodging
complaints
1. The
statute of limitations for lodgin g complaints about domestic or international
mails, postal matters or parcels is six (06) months from the date of sending.
2. The
statute of limitation s for lodging complaints about telecommunications and
Internet services is specified as follows:
a/ One (01)
month from the date of receipt of the first notice or invoice on service-charge
payment or from the date of payment of service charges, for complaints about
service charges.
b/ Three
(03) months from the date of use of services or from the date of commissio n of
violations, for complaints about the service quality and other violations.
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1. The
service provider shall issue a paper certifying the receipt of a complain t to
the complainant right after writing the complaint details or receiving the
complaint.
2. When a
complaint is sent by post, within two (02) working days after receiving the
complaint, the service provide r shall notify in writin g the complainant of
the receipt of the complaint; in case of refusal to receive the complaint, it
shall clearly state the reasons therefor.
Article 12.- Time limit for settlement of complaints
1. Two (02)
months from the date of receipt of a complaint, for domestic mails, postal
matters or parcels.
2. Three
(03) months from the date of receipt of a complaint, for international mails,
postal matters or parcels.
3. Two (02)
months from the date of receipt of a complaint, for telecommunications and
Internet services.
Article 13.- Settlement of complaints and notification of
complaint settlement results
1. The
service provider shall consider and settle complaints within the time limit
specified in Article 12 of this Regulation.
2. Disputes
shall be settled in accordance with complaint settlement processes specified in
Clause 1, Article 5 of this Regulation.
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Article 14.- The service provider shall pay compensations
for damage caused by him/her/itself to the service user in accordance with law.
Article 15.- Settlement of complaints and notification of
complaint settlement results at the request of competent state management
agencies
1. Within
ten (10) working days after receiving a written request from the competent
state management agency defined in Article 21 of this Regulation, the service
provider shall consider and settle the complaint and notify the complaint
settlement results to the complainant and, at the same time, request the
complainant to give his/ her opinions on the complaint settlement results
within two (02) working days after receiving the notice.
2. Within
two (02) working days after obtaining the complainant's opinions on the
complaint settlement results, the-servicc provider shall send a written report
to the competent state management agency, clearly stating:
a/
Developments of the case of complaint;
b/ Results
of the first-time settlement of the enterprise's complaint (if any);
c/ Results
of complaint settlement at the request of the state management agency;
d/ The
complainant's opinions on the complaint settlement results.
Chapter III
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Article 16.- Past the time limit for complaint settlement
specified in Article 12 of this Regulation, if the complaint is not yet settled
by the service provider or if the complainant disagrees with the service
provider's complaint settlement results, the complainant may file an
application for dispute settlement, enclosed with relevant papers and proofs,
with a competent state management agency for settlement guidance.
Article 17.-An application for dispute settlement must
state clearly, fully and truthfully the following:
1. Date of
sending the application;
2. Full
name, address and telephone number (if any) of the applicant;
3. Name and
address of the service provider
4. The
service provider's complaint settlement results (if any) and request to be
responded to
Article 18.- Statute of limitations for guiding the
settlement of disputes
The statute
of limitations for guiding the settlement of disputes is thirty (30) days from
the date the complainant receives the complaint settlement results from the
service provider, or from the date of expiration of the time limit for
settlement of complaints specified in Article 12, if the service provider fails
to settle the complaint according to regulations.
Article 19.- Conditions for an application for dispute
settlement to be processed and settled
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2.
The service provider involved in the dispute lawfully operates in Vietnam and
has a clear identifiable address.
3. The
applicant is among those subjects defined in Article 3 of this Regulation.
4. A lawsuit
has not yet been initiated at court for settlement of the dispute.
Article 20.- Receipt of applications for dispute
settlement
1. State
management agencies defined in Clause 1, Article 6 of this Regulation shall
receive applications for dispute settlement and grant papers certifying the
receipt of the applications to the applicants if those applications fully meet
the conditions specified in Article 19 of this Regulation. For applications
which fail to meet the set conditions, the dispute settlement-guiding agency
shall provide guidance for the applicants to satisfy such conditions.
2. When an
application for dispute settlement is sent to the state management agency by
post, within five (05) working days after receiving the application, the state
management agency shall notify in writing the applicant of the receipt of the
application. In case of refusal to receive such application, it shall clearly
state the reasons therefor.
Article 21.- Request for dispute settlement
Within five
(05) working days after receiving the application for dispute settlement, the
dispute settlement-guiding agency shall send a written request (enclosed with a
copy of the application and relevant documents and proofs) to the service
provider for consideration and settlement and notify the dispute settlement
results to the applicant in accordance with Article 15 of this Regulation.
Article 22.- Guidance for dispute settlement
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2. The
dispute settlement shall be guided at the head office of the dispute settlement
agency in the presence of at-law representatives of the service provider and
service user defined in Article 3 of this Regulation. The guidance on dispute
settlement shall be made in a record with signatures of representatives of the
dispute settlement-guiding agency and the disputing parties.
3. When the
service user and service provider reach agreement on dispute settlement, the
dispute settlement-guiding agency shall issue a written notice on the end of
the dispute. Such notice shall be forwarded directly to the at-law
representatives of the two parties.
4. When the
service user and service provider cannot reach agreement on dispute settlement,
the two parties may initiate a lawsuit at a competent court for settlement in
accordance with law.
Article 23.- Time limit for guiding the settlement of
disputes
The time
limit for guiding the settlement of disputes is forty-five (45) working days
after the state management agency receives an application for dispute
settlement,
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 24.- Organization of implementation
1. The Post
and Telematics Ministry's chief inspector shall guide and inspect the
implementation of this Regulation and, at the same time, sum up biannual and
annual results of dispute settlement guidance of state management agencies
defined in Article 6 of this Regulation for reporting to the Minister of Post
and Telematics.
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3. Post, delivery,
telecommunications and Internet service providers and users shall strictly
implement this Regulation.
4. In the
course of implementation, relevant agencies, organizations and individuals
should promptly report arising problems to the Ministry of Pos t and Telematic
s for consideratio n and amendment or supplementation of this Regulation
MINISTER OF
POST AND TELEMATICS
Do Trung Ta