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THE MINISTRY
OF INFORMATION AND COMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
08/2013/TT-BTTTT
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Hanoi, March
26th 2013
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CIRCULAR
ON TELECOMMUNICATIONS SERVICE QUALITY CONTROL
Pursuant to the Law on telecommunications
dated November 23rd 2009;
Pursuant to the Law on Product and goods
quality dated November 21st 2007;
Pursuant to the Law on Technical regulations
and standards dated June 29th 2006;
Pursuant to the Government's Decree No.
25/2011/ND-CP dated April 06th 2011, elaborating and guiding the
implementation of the Law on telecommunications;
Pursuant to the Government's Decree No.
127/2007/ND-CP dated August 01st 2007 detailing the implementation
of a number of articles of the Law on Technical regulations and standards;
Pursuant to the Government's Decree No.
187/2007/ND-CP dated December 25th 2007, defining the functions,
tasks, entitlements and organizational structure of the Ministry of Information
and Communications; Pursuant to the Government's Decree No. 50/2011/ND-CP dated
June 24th 2011 amending the Government's Decree No. 187/2007/ND-CP
dated December 25th 2007, defining the functions, tasks,
entitlements and organizational structure of the Ministry of Information and
Communications;
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The Minister of Information and
Communications issues a Circular on telecommunications service quality control.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation and subjects of application
1. This Circular deals with the quality control
of telecommunications services.
2. This Circular is applicable to state
authorities in charge of telecommunications service quality control, providers
and users of telecommunications services in Vietnam.
Article 2. State authorities
in charge of telecommunications services quality control
1. Vietnam Telecommunications Authority
affiliated to the Ministry of Information and Communications is in charge of
telecommunications services quality control nationwide.
2. The Services of Information and
Communications are in charge of local telecommunications service quality
control according to the assignments in this Circular.
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In each period, the Ministry of Information and
Communications shall issue a “List of telecommunications services subject to
quality control” in accordance with the policies, management requirements, and
development of telecommunications services.
Chapter II
ANNOUNCEMENT OF
TELECOMMUNICATIONS SERVICE QUALITY
Article 4. Responsibility
for making telecommunications service quality announcement
Telecommunication enterprises licensed to
provide telecommunications services by the Ministry of Information and
Communications shall:
1. Make the quality announcement according to
National Technical Regulations on telecommunications services in the “List of
telecommunications services subject to quality control”. The quality announced
must not contradict that in National Technical Regulations.
2. Make voluntary quality announcement according
to voluntary standards applicable to telecommunications services not in the
“List of telecommunications services subject to quality control” posted on the
websites of telecommunication enterprises.
3. The contracts to provide postpaid services
and sheets of conditions for using prepaid services must specify the quality of
the services provided by telecommunication enterprises, stating “Quality of
services provided for clients is conformable with the announcement made by the
enterprise”.
Article 5. Procedure for
making quality announcement of services in the “List of telecommunication
enterprises subject to quality control”
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2. Quantity: 01 dossier.
3. Composition:
a) The copy of the License to provide
telecommunications services
b) The written notification of the
telecommunications service quality announcement in accordance with the template
in Appendix I to this Circular.
c) The written telecommunications service
quality announcement in accordance with the template in Appendix II to this
Circular.
4. Within 05 working days from the day on which
the dossier is received:
a) If the dossier is accepted, the Vietnam
Telecommunications Authority shall issue a “Certificate of telecommunications
service quality announcement” according to Appendix III of this Circular to the
enterprise.
b) If the dossier is rejected, the Vietnam
Telecommunications Authority shall reply the telecommunication enterprise in
writing.
5. After being issued with the “Certificate of
telecommunications service quality announcement”, the telecommunication
enterprise shall:
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b) Post the “Telecommunications service quality
announcement” noticeably and legibly at all offices where service contracts are
signed with clients and the public service stations of the telecommunication
enterprise.
Article 6. Deadline for
making telecommunications service quality announcement
The telecommunications services in the “List of
telecommunications services subject to quality control”, the telecommunication
enterprises licensed to provide telecommunications services by the Ministry of
Information and Communications shall:
1. Complete the procedure for making
telecommunications service quality announcement as prescribed in Article 5 of
this Circular within 60 days from the effective date of this Circular or from
the commencement date of service provision.
2. Follow the procedure for telecommunications
service quality announcement prescribed in Article 5 of this Circular within 60
days from the days on which the National Technical Regulations amended by the
Ministry of Information and Communications take effect, or the days on which
the telecommunication enterprise makes any change in the announcement contents.
Chapter III
TELECOMMUNICATIONS
SERVICE QUALITY REPORTS
Article 7. Periodic reports
1. Within 20 days from the beginning of each
quarter, telecommunication enterprises licensed to provide telecommunications
services by the Ministry of Information and Communications shall send reports
on the quality of their telecommunications services provided in the previous
quarter to the Vietnam Telecommunications Authority.
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3. The Vietnam Telecommunications Authority
shall build a database about telecommunications service quality reports and
share report data with Services of Information and Communications online or in
writing.
Article 8. Irregular reports
1. Telecommunication enterprises shall send
reports on the quality of their telecommunications services to the Vietnam
Telecommunications Authority at their request.
2. Telecommunication enterprises and their
agents under the management of a Service of Information and Communications
shall send reports on the quality of their telecommunications services to that
the Service of Information and Communications at their request.
3. Where a telecommunication enterprise in the
“List of telecommunications services subject to quality control” has a problem
that cause the services in one or multiple provinces, or in an interprovincial,
internetworking, or international system to stop running for at least 02 hours,
within 03 working days fro the day on which the problem occurs, the
telecommunication enterprise shall send a written report on the causes, impact,
and resolution of the problem to the Vietnam Telecommunications Authority and
the Services of Information and Communications where such problem occurs.
Article 9. Digital storage
of data and documents for making reports
1. When a request is made by a competent state
authority, telecommunication enterprises and their agents shall:
a) Provide explanation, data, and documents used
for making reports and take responsibility for the promptness, accuracy, and
adequacy of them.
b) Provide technical support for the competent
State authority to access the system of the enterprise to verify data.
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Chapter IV
TELECOMMUNICATIONS SERVICE QUALITY TESTING
Article 10.
Testing plan
1. In January every year, the Vietnam Telecommunications
Authority shall make a plan for inspecting the quality of telecommunications
services in the “List of telecommunications services subject to quality
control”.
2. The inspection includes testing, sampling,
inspecting, and assessing the telecommunications service quality according to
National Technical Regulations.
3. The inspection of services provided by the
same telecommunication enterprise may be carried out in multiple provinces
where such services are provided.
4. The inspection of a telecommunications
service may be carried out together with multiple Vietnamese enterprises in the
same province.
5. Apart from the inspection plan prescribed in
Clause 1 of this Article, the Vietnam Telecommunications Authority may decide
irregular inspection where necessary.
Article 11. Inspection
order, inspection result, and responsibilities of inspectors
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2. Before inspecting telecommunications service
quality, inspectors shall notify the location, time, and inspection contents to
telecommunication.
3. Inspected telecommunication enterprises shall
provide data and documents serving the inspection and facilitate the inspection
at the request of the Vietnam Telecommunications Authority and the inspectors.
4. At the end of the inspection, inspectors
shall report the inspection result to the Vietnam Telecommunications Authority
and post the inspection reports on the website of the Vietnam
Telecommunications Authority every quarter as prescribed in Article 21 Chapter
VII of this Circular.
5. If inspection shows that the service quality
is not conformable with National Technical Regulations or the standards
announced by the enterprise, the Vietnam Telecommunications Authority shall
take actions as prescribed by law.
6. Inspectors shall take responsibility before
law for the inspection results, retain the inspection data for at least 02 year
from the day on which the report is made, provide explanation and inspection
data for competent authorities at their request.
Article 12. Inspection cost
The costs of sampling, testing, inspecting, and
assessing the telecommunications service quality according to the plan for
services quality inspection or decisions on irregular inspection shall be
covered by the budget Vietnam Telecommunications Authority.
Chapter V
INSPECTION OF COMPLIANCE
WITH REGULATIONS ON TELECOMMUNICATIONS SERVICE QUALITY CONTROL
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Article 13. Inspection plan
1. Annually, the Vietnam Telecommunications
Authority shall make and issue plans for inspecting the telecommunication
enterprises licensed to provide telecommunications services by the Ministry of
Information and Communications in January. Annually, based on the inspection
plans issued by the Vietnam Telecommunications Authority, Services of
Information and Communications shall make and issue plans for inspecting local
telecommunication enterprises in February.
2. The Vietnam Telecommunications Authority and
the Service of Information and Communications shall cooperate in making plans
and carrying out inspections in order to ensure efficiency and avoid
duplication.
Article 14. Inspection
contents
1. Inspection contents of the Vietnam
Telecommunications Authority:
a) The compliance with regulations on
telecommunications service quality announcement.
b) The compliance with regulations on
telecommunications service quality reporting.
c) The compliance with regulations on
telecommunications service quality inspection.
d) The compliance with regulations on internal
supervision of telecommunications service quality.
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e) Other contents of telecommunications service
quality control prescribed by the Ministry of Information and Communications.
2. Inspection contents of the Services of
Information and Communications:
The inspections at branches and affiliated units
of local telecommunication enterprises shall be carried out as prescribed in
Clause 1 of this Article within the competence of Services of Information and
Communications.
Article 15. Inspection
order
1. State management authorities shall decide
each inspection, specify the composition of the Inspectorate; inspection
contents and times, and inform the inspected telecommunication enterprise at
least 07 working days before the inspection date.
2. The inspection shall be recorded in writing.
The inspection record shall be signed by the chief inspector and legal
representative of the telecommunication enterprise. Where the legal
representative of the inspected telecommunication enterprise refuses to sign
the record, the record that bears the signatures of the chief inspector and
inspectorate members is still valid.
3. Where violations against regulations on
telecommunications service quality control, the Inspectorate shall request the
person that decides to carry out the inspection to take necessary actions as
prescribed by law.
4. The inspectors shall retain inspection
results and documents.
Article 16.
Telecommunication enterprises preparing for the inspections
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2. All documents, data, and instruments
necessary for the inspection shall be prepared; explanation for such data and
documents shall be provided at the request of the inspectorate; the legal
representative is responsible for the accuracy of data and documents provided
for the inspectorate.
Section 2. Internal
inspection
Article 17. Regulations on
internal inspection
Within 60 days from the effective day of this
Circular, or from the day on which the telecommunication enterprises licensed
to provide telecommunications services by the Ministry of Information starts
providing telecommunications services, it shall:
1. Issue a set of rules on internal inspection
of telecommunications service quality applicable to the services in “List of
telecommunications services subject to quality control”, including:
a) The order and procedure for inspecting the
compliance with this Circular.
b) The order and procedure for inspecting and
assessing the telecommunications service quality according to National
Technical Regulations and the rectification of the contents unconformable with
National Technical Regulations.
2. Submit the set of rules to the Vietnam
Telecommunications Authority directly or by post.
Article 18. Internal
inspection
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a) Inspecting the compliance with this Circular.
b) Assess the quality of each telecommunications
service in the “List of telecommunications services subject to quality control”
that is provided by the enterprise in at least 03 provinces.
2. The internal inspection result shall be
recorded in writing in accordance with the template of the Report on periodic
internal inspection of telecommunications service quality provided in Appendix
VIII to this Circular and the Report on internal inspection of
telecommunications service quality provided in Appendix IX, X, and XI to this
Circular of each service.
3. Telecommunication enterprise shall retain the
Reports on periodic internal inspection of telecommunications service quality
and Reports on internal inspection of telecommunications service quality of
each services together with the data used for making such reports for at least
02 years from the day on which such reports are made, and provide explanation
for competent state authorities at their request.
Chapter VI
TELECOMMUNICATIONS
SERVICE QUALITY SUPERVISION
Article 19. Supervision of
telecommunications services in “List of telecommunications services subject to
quality control”
1. The Ministry of Information and
Communications shall decide the which service in the “List of
telecommunications services subject to quality control” is subject to quality
supervision and the supervision period based on the policies, management
requirements, and the development of telecommunications services.
2. The Vietnam Telecommunications Authority
shall carry out the supervision, select a supervising organization among the
supervising organizations appointed by the Ministry of Information and
Communications to supervise services quality as prescribed in this Circular in
any locality where services are provided. The Vietnam Telecommunications
Authority shall cooperate with Services of Information and Communications in
supervising the quality of services under the management of Services of
Information and Communications.
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4. Supervising organizations shall take
responsibility before the law for the supervision result; retain supervision
data and documents for at least 02 years from the day on which the report on
the supervision result is made, and send reports to competent state authorities
at their request.
5. The cost of telecommunications service
quality supervision is covered by the budget of the Vietnam Telecommunications
Authority.
Article 20. Internal
telecommunications service quality supervision
1. The telecommunication enterprises licensed to
provide telecommunications services by the Ministry of Information and
Communications shall actively supervise the quality of all services in the
“List of telecommunications services subject to quality control“ that they
provide.
2. Where a problem occurs to a service they
provide, the telecommunication enterprise shall make an irregular report as
prescribed in Clause 3 Article 8 of this Circular.
Chapter VII
DISCLOSING INFORMATION
ABOUT TELECOMMUNICATIONS SERVICE QUALITY
Article 21. State
management authorities disclosing information about telecommunications service
quality control made by state management authorities
1. The Vietnam Telecommunications Authority
shall disclose the following information on its website:
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b) The plan for inspecting the compliance of
telecommunication enterprises with regulations on telecommunications service
quality control.
c) Inspection results provided by organizations
appointed by the Vietnam Telecommunications Authority to inspect
telecommunications service quality of telecommunication enterprises.
d) The compliance of telecommunication
enterprises with regulations on telecommunications service quality control.
2. Services of Information and Communications
shall disclose the following information on their websites:
a) The plan of Services of Information and
Communications for inspecting the compliance of local telecommunication
enterprises with regulations on telecommunications service quality control.
a) The compliance of local telecommunication
enterprises with regulations on telecommunications service quality control.
3. The Vietnam Telecommunications Authority
shall disclose information about telecommunications service quality on the
website of the Ministry of Information and Communications and the mass media.
Article 22.
Telecommunication enterprises disclosing information about telecommunications
service quality
The telecommunication enterprises licensed to
provide telecommunications services by the Ministry of Information and
Communications shall disclose information about the quality of
telecommunications services they provide on their websites in “Service quality”
tab. The information in “Service quality” tab shall include:
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2. The technical standards applicable to each
service prescribed in Clause 1 of this Article.
3. The announcement of quality of
telecommunications services they provide.
4. Period reports on telecommunications service
quality sent to the Vietnam Telecommunications Authority.
5. Reports on internal telecommunications
service quality inspection and Reports on internal quality inspection of each
service as prescribed in Article 18 Chapter V of this Circular.
6. Addresses and phone numbers to receive and
settle clients’ complaints.
7. Procedure for receiving and settling clients’
complaints.
8. Client support information.
Chapter VIII
IMPLEMENTATION
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1. Provide guidance on the implementation of
this Circular.
2. Cooperate with Services of Information and
Communications in local telecommunications service quality control.
3. Request the Ministry of Information and
Communications to resolve issues relating to telecommunications service quality
control.
Article 24. Services of
Information and Communications shall:
1. Monitor the quality of telecommunications
services locally in accordance with the assignments.
2. Cooperate with the Vietnam Telecommunications
Authority based on the inspection plans posted on the website of the Vietnam
Telecommunications Authority.
3. Enter the website of the Vietnam
Telecommunications Authority to obtain information about services quality
announcements and reports of telecommunication enterprises and other
information about services quality control as prescribed in Clause 1 Article 21
of this Circular.
4. Discover and report the issues about quality
locally and suggest solutions to the Ministry of Information and Communications
and the Vietnam Telecommunications Authority.
Article 25.
Telecommunication enterprise shall:
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2. Comply with the regulations on
telecommunications service quality control in this Circular and relevant
legislative documents.
3. Maintain the telecommunications service
quality at the announced level. Immediately take actions to ensure services
quality when a problem occurs or the telecommunications service quality is not
conformable with the announcement.
4. Cooperate with involved telecommunication
enterprises in maintaining internetworking telecommunications service quality.
5. Take responsibility for the quality of
telecommunications services provided for users and take responsibility for
their agents according to service contracts, agent contracts, and relevant
laws.
Article 26. Effects
This Circular takes effect on May 10th
2013 and annuls the “Regulation on postal and telecommunications service
quality control” enclosed with the Decision No. 33/2006/QD-BBCVT dated
September 06th 2006 of The Minister of Post and Telecommunications
Article 27. Implementation
responsibilities
1. The Chief officers, the Director of the
Vietnam Telecommunications Authority, Heads of Ministerial units; Directors of
Services of Information and Communications; Directors of telecommunication
enterprises and involved organizations and individuals are responsible for the
implementation of this Circular.
2. Any difficulties during the implementation of
this Circular should be reported to the Ministry of Information and
Communications for consideration and settlement./.
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THE MINISTER
Nguyen Bac Son