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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.
33/2006/QD-BBCVT
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Hanoi,
September 06, 2006
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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.
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MINISTER OF POST
AND TELEMATICS
Do Trung Ta
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:
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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:
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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.
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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:
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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:
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.