Circular No. 08/2013/TT-BTTTT on the management of quality of telecommunications services

CIRCULAR

Regulations on Quality Management of Telecommunication Services

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Product Quality dated November 21, 2007;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

Based on Decree No. 132/2008/NĐ-CP dated December 31, 2008 of the Government detailing implementation of certain provisions

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications; Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications issues this Circular stipulating quality management of telecommunication services.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates quality management of telecommunication services.

2. This Circular applies to state agencies managing the quality of telecommunication services; organizations and individuals providing and using telecommunication services in Vietnam.

Article 2. State Agencies Managing the Quality of Telecommunication Services

1. The Telecommunications Department under the Ministry of Information and Communications is responsible for managing the quality of telecommunication services nationwide.

2. Provincial Departments of Information and Communications manage the quality of telecommunication services within their jurisdiction according to the contents assigned in this Circular.

Article 3. List of Telecommunication Services Subject to Mandatory Quality Management

In each period, the Ministry of Information and Communications shall issue a "List of Telecommunication Services Subject to Mandatory Quality Management" in accordance with policy, management requirements, and the actual development of telecommunication services.

Chapter II
ANNOUNCEMENT OF TELECOMMUNICATION SERVICE QUALITY

Telecommunication enterprises licensed by the Ministry of Information and Communications to operate telecommunication services shall be responsible for:

1. Implementing the announcement of service quality in accordance with national technical standards for telecommunication services listed in the "List of Telecommunication Services Subject to Mandatory Quality Management," ensuring that the announced quality level does not contravene the levels prescribed by national technical standards.

2. Self-announcing service quality based on voluntary standards for telecommunication services not listed in the "List of Telecommunication Services Subject to Mandatory Quality Management" on the enterprise's website.

3. Including a clause regarding service quality provided by the telecommunication enterprise in the service provision contract for postpaid services and in the usage conditions information for prepaid services, clearly stating: "Guaranteeing service quality provided to customers in accordance with the announced service quality."

Article 5. Procedures for Announcing Quality of Telecommunication Services Listed in the "List of Telecommunication Services Subject to Mandatory Quality Management"

2. Number of dossiers: 01 set.

3. Components of the dossier include:

b) Letter regarding the announcement of telecommunication service quality according to the model at Appendix I of this Circular.

c) Announcement of telecommunication service quality according to the model at Appendix II of this Circular.

a) In case the dossier is approved, the Telecommunications Department shall issue the enterprise a "Quality Announcement Acceptance Certificate" according to the model at Appendix III of this Circular.

b) In case the dossier is not approved, the Telecommunications Department shall notify the telecommunication enterprise in writing.

5. After receiving the "Quality Announcement Acceptance Certificate," the telecommunication enterprise shall be responsible for:

a) Publishing the "Announcement of Telecommunication Service Quality" on the enterprise's website in accordance with Article 22 of Chapter VII of this Circular.

b) Displaying the "Announcement of Telecommunication Service Quality" in visible and easily readable locations at all transaction points where contracts for service provision with customers are signed and at all public telecommunication service provision points of the telecommunication enterprise.

For telecommunications services listed in the "List of Telecommunications Services Required to be Quality Managed", telecommunications enterprises licensed by the Ministry of Information and Communications to operate telecommunications services shall be responsible for:

1. Completing the procedures for announcing the quality of telecommunications services as prescribed in Article 5 of this Circular within sixty (60) days from the date this Circular takes effect or from the date the telecommunications enterprise begins providing the service.

2. Repeating and completing the procedures for announcing the quality of telecommunications services as prescribed in Article 5 of this Circular within sixty (60) days from the date the national technical regulations amended by the Ministry of Information and Communications take effect or from the date the telecommunications enterprise makes any changes to the content of the announcement.

Chapter III
TELECOMMUNICATION SERVICE QUALITY REPORT

Article 7. Periodic Reporting

1. Within the first twenty (20) days of each quarter, telecommunications enterprises licensed by the Ministry of Information and Communications to operate telecommunications services shall submit a report on the quality of telecommunications services they provided in the previous quarter to the Telecommunications Authority.

Article 8. Emergency Reporting

1. Telecommunications enterprises shall be responsible for submitting reports on the quality of telecommunications services they provide to the Telecommunications Authority when requested.

2. Telecommunications enterprises and service agents operating in areas managed by provincial Departments of Information and Communications shall be responsible for submitting reports on the quality of telecommunications services they provide to provincial Departments of Information and Communications when requested.

3. When telecommunications services listed in the "List of Telecommunications Services Required to be Quality Managed" experience incidents that prevent the use of such services in one or more provinces or centrally-administered cities or inter-provincial, inter-network, or international directions for two (02) hours or longer, within three (03) working days from the date of the incident, telecommunications enterprises shall be responsible for submitting a written report on the cause, extent of impact, and measures taken to address the incident to the Telecommunications Authority and provincial Departments of Information and Communications where the incident occurred.

Article 9. Retention of Data and Documents Used for Reporting

1. Upon request from competent state management agencies, telecommunications enterprises and service agents shall be responsible for:

a) Explaining and providing data and documents used for reporting and bearing responsibility for the timeliness, accuracy, and completeness of the contents of the data and documents used for reporting.

2. Telecommunications enterprises shall be responsible for retaining data and documents used for reporting on the quality of telecommunications services for at least two (02) years from the date of the report.

Chapter IV
QUALITY TESTING OF TELECOMMUNICATION SERVICES

Article 10. Quality Testing Plan

1. In January each year, the Telecommunications Agency shall issue a quality testing plan for telecommunications services listed in the "Compulsory Quality Management Telecommunications Service Catalogue".

2. The content of the testing includes sampling, testing, and evaluating the quality indicators of telecommunications services according to National Technical Regulations.

3. For a telecommunications service provided by a telecommunications business, during the same quality testing period under the plan, the testing may be conducted in multiple provinces or cities where the telecommunications business provides such service.

4. For each type of telecommunications service, during the same testing period under the plan, the quality testing of telecommunications services may be carried out with multiple telecommunications businesses in the same province or city.

5. Apart from the quality testing plan stipulated in Clause 1 of this Article, in case of necessity, the Telecommunications Agency decides to conduct unscheduled testing.

Article 11. Procedure for Testing, Handling Test Results, and Responsibilities of Testing Organizations

1. Based on the issued quality testing plan for telecommunications services, the Telecommunications Agency requests the testing organization designated by the Ministry of Information and Communications to conduct quality testing of telecommunications services of telecommunications businesses. In necessary cases, the Telecommunications Agency collaborates with Provincial Departments of Information and Communications in the testing work within their jurisdiction.

2. Prior to conducting quality testing of telecommunications services, the testing organization must notify the telecommunications business about the location, time, and content of the testing.

3. The telecommunications business subject to testing has the responsibility to provide complete data and documents serving the testing work and cooperate in implementing the testing work according to the requirements of the Telecommunications Agency and the testing organization.

4. At the end of the testing period, the testing organization is responsible for: compiling the test results to report to the Telecommunications Agency, publicly disclosing the test results on the Telecommunications Agency's website quarterly as prescribed in Article 21 of Chapter VII of this Circular.

5. If the quality testing results of telecommunications services of a telecommunications business do not comply with National Technical Regulations or the quality indicators announced by the business, the Telecommunications Agency will handle it according to the law.

6. Testing organizations conducting quality testing of telecommunications services must bear legal responsibility for the testing results, retain testing data for at least two (02) years from the date of compiling the testing result report, and explain and provide testing data to competent authorities upon request.

Article 12. Testing Costs

Costs for sampling, testing, and evaluating quality indicators of telecommunications services according to the quality service testing plan or the decision on unscheduled testing are allocated from the operational budget of the Telecommunications Agency.

Chapter V
INSPECTION OF COMPLIANCE WITH QUALITY MANAGEMENT REGULATIONS FOR TELECOMMUNICATIONS SERVICESINSPECTION BY STATE ADMINISTRATIVE AUTHORITIES

Section 1
MATTER OF INSPECTION BY THE STATE MANAGEMENT AUTHORITY

Article 13. Inspection Plan

1. The Telecommunications Agency shall develop and issue an inspection plan for telecommunications businesses licensed by the Ministry of Information and Communications to operate telecommunications services in January each year. Based on the inspection plan issued by the Telecommunications Agency, Provincial Departments of Information and Communications shall develop and issue an inspection plan for telecommunications businesses operating telecommunications services within their jurisdiction in February each year.

2. The Telecommunications Agency and Provincial Departments of Information and Communications shall closely coordinate in developing plans and implementing inspection plans to ensure effectiveness and avoid overlap.

Article 14. Content of Inspection

1. Content of inspection by the Telecommunications Regulatory Authority:

a) Compliance with regulations on announcing the quality of telecommunications services.

b) Compliance with regulations on reporting the quality of telecommunications services.

c) Compliance with regulations on self-inspection of the quality of telecommunications services.

d) Compliance with regulations on self-monitoring of the quality of telecommunications services.

đ) Compliance with regulations on publicizing information about the quality of telecommunications services.

e) Other management contents regarding the quality of telecommunications services as prescribed by the Ministry of Information and Communications.

2. Content of inspection by the Department of Information and Communications:

Implement inspections according to the provincial department's state management functions as stipulated in Clause 1 of this Article for branches or units under the jurisdiction of telecommunications enterprises within its territory.

Article 15. Procedure for Inspection

1. The state management agency shall issue a decision for each inspection round, specifying the composition of the inspection team; the content, time of inspection, and send it to the inspected telecommunications enterprise at least seven (07) working days before the inspection date.

2. The inspection must be recorded in a report. The inspection report must have the signature of the head of the inspection team and the legal representative of the inspected telecommunications enterprise or a person authorized in writing by the legal representative of the inspected telecommunications enterprise. In case the legal representative of the inspected telecommunications enterprise or a person authorized in writing by the legal representative of the inspected telecommunications enterprise does not sign the report, the report with the signatures of the head of the inspection team and other members of the inspection team still has validity.

3. If violations of regulations on managing the quality of telecommunications services are discovered, the inspection team shall report to the person who issued the inspection decision for consideration and handling in accordance with the law.

4. The inspection agency must implement the archiving of inspection files and results.

Article 16. Preparation by Telecommunications Enterprises for Inspection

1. The legal representative of the inspected telecommunications enterprise or a person authorized in writing by the legal representative of the inspected telecommunications enterprise must work with the inspection team throughout the inspection process and create favorable conditions for the inspection work.

2. Prepare all necessary contents, documents, data, and tools for the inspection; provide and explain data and documents promptly as required by the inspection team; bear responsibility for the content of the data and documents provided to the inspection team.

Section 2
SELF-INSPECTION BY ENTERPRISES

Article 17. Issuing Self-Inspection Regulations

Within sixty (60) days from the date this Circular takes effect or from the date the telecommunications enterprise begins providing telecommunications services, telecommunications enterprises licensed by the Ministry of Information and Communications to operate telecommunications services must:

1. Issue self-inspection regulations titled "Self-Inspection Regulation for Quality of Telecommunications Services" for services listed in the "List of Telecommunications Services Required to Manage Quality", the regulation must include the following main contents:

a) Procedures and steps for self-inspection of compliance with the provisions of this Circular.

b) Procedures and steps for self-measurement, evaluation of actual quality of telecommunications services according to published National Technical Standards and measures to address non-compliance with published National Technical Standards.

2. Send the regulation to the Telecommunications Regulatory Authority via postal service or directly.

Article 18. Implementation of self-inspection

1. Quarterly, telecommunications enterprises must conduct self-inspection, including:

a) Checking compliance with the provisions of this Circular.

3. Telecommunications enterprises must retain the documentation of the Periodic Service Quality Self-Inspection Results and Service Quality Indicator Self-Measurement Results for each service together with measurement data and data used to build those results for at least two (02) years from the date the results were established; report and explain to the competent state management agency when requested.

Chapter VI
MONITORING OF TELECOMMUNICATIONS SERVICE QUALITY

Article 19. Supervision of telecommunications services listed in the "List of Telecommunications Services Required to be Quality Managed"

1. Based on policy, management requirements, and the actual development of telecommunications services, the Ministry of Information and Communications decides which services in the "List of Telecommunications Services Required to be Quality Managed" must be subject to quality supervision and the duration of such supervision.

2. The Telecommunications Authority organizes the implementation of supervision, selects, and determines which measuring organization among those designated by the Ministry of Information and Communications to perform quality monitoring measurements according to this Circular will conduct monitoring in any service-providing area throughout the country. In cases where necessary, the Telecommunications Authority collaborates with Provincial Departments of Information and Communications to supervise service quality within their respective jurisdictions.

3. Monitoring of telecommunications service quality indicators must comply with the method specified in the relevant national technical regulation applicable to the supervised service.

4. The measuring organizations conducting telecommunications service quality monitoring must bear legal responsibility for the monitoring measurement results; retain monitoring measurement data and documents for at least two (02) years from the date of establishing the monitoring measurement result report and report to the competent state management agency when required.

5. The costs for implementing telecommunications service quality monitoring by the Telecommunications Authority shall be allocated from the budget for its operations.

Article 20. Self-supervision of telecommunications service quality by telecommunications enterprises

1. Telecommunications enterprises licensed by the Ministry of Information and Communications to operate telecommunications services must regularly self-supervise the quality of all services listed in the "List of Telecommunications Services Required to be Quality Managed" that they provide.

2. In case of service failure, telecommunications enterprises must submit an urgent report as prescribed in Clause 3, Article 8 of this Circular.

Chapter VII
PUBLIC DISCLOSURE OF INFORMATION ON TELECOMMUNICATIONS SERVICE QUALITY

Article 21. State management agencies shall publicly disclose information on the management of telecommunications service quality.

1. The Telecommunications Regulatory Authority shall promptly update on its website the following information:

a) The inspection plan of the Telecommunications Regulatory Authority for the quality of telecommunications services provided by telecommunications enterprises.

b) The inspection plan of the Telecommunications Regulatory Authority for telecommunications enterprises regarding compliance with regulations on the management of telecommunications service quality.

c) The results of inspections conducted by organizations designated by the Telecommunications Regulatory Authority to inspect the quality of telecommunications services provided by telecommunications enterprises.

d) The results of inspections by the Telecommunications Regulatory Authority on the compliance of telecommunications enterprises with regulations on the management of telecommunications service quality.

2. Departments of Information and Communications shall promptly update on their websites the following information:

a) The inspection plans of Departments of Information and Communications for telecommunications enterprises within their jurisdiction regarding compliance with regulations on the management of telecommunications service quality.

b) The results of inspections by Departments of Information and Communications on the compliance of telecommunications enterprises within their jurisdiction with regulations on the management of telecommunications service quality.

3. Annually, the Telecommunications Regulatory Authority shall be responsible for publicly disclosing information about the quality of telecommunications services on the website of the Ministry of Information and Communications and through mass media.

Article 22. Telecommunications enterprises shall publicly disclose information on the quality of telecommunications services.

Telecommunications enterprises licensed by the Ministry of Information and Communications to operate telecommunications services shall establish a "Service Quality Management" section on their websites to publicly disclose information on the management of the quality of telecommunications services they provide. The information that enterprises must disclose in the "Service Quality Management" section shall minimally include:

1. The services currently being provided by the enterprise.

2. Technical standards and standards applicable to each service mentioned in Clause 1 of this Article.

3. Declarations of service quality for telecommunications services currently provided by the enterprise.

4. Periodic reports on the quality of telecommunications services submitted by the enterprise to the Telecommunications Regulatory Authority.

5. Self-inspection results and self-measurement results of quality indicators for each service as stipulated in Article 18 of Chapter V of this Circular.

6. Addresses and telephone numbers for receiving and resolving customer complaints.

7. Procedures for receiving and resolving customer complaints.

8. Customer support information.

Chapter VIII
IMPLEMENTATION

Article 23. The Telecommunications Regulatory Authority

1. Shall take the lead and guide the implementation of this Circular.

2. Shall take the lead and coordinate with Departments of Information and Communications to implement the management of telecommunications service quality within their jurisdictions.

3. Shall study and propose to the Ministry of Information and Communications issues related to the management of telecommunications service quality.

Article 24. Departments of Information and Communications

1. Shall manage the quality of telecommunications services within their jurisdictions according to the assigned contents.

2. Shall coordinate with the Telecommunications Regulatory Authority based on inspection plans published on the Telecommunications Regulatory Authority's website.

3. Shall access the Telecommunications Regulatory Authority's website to obtain information on service quality reports and declarations from telecommunications enterprises and other information on the management of service quality as specified in Clause 1 of Article 21 of this Circular.

4. Shall identify and report existing issues regarding quality within their jurisdictions; report and propose measures to the Ministry of Information and Communications and the Telecommunications Regulatory Authority for resolution.

Article 25. Telecommunications enterprises

1. Organize and assign leading cadres to arrange the main unit to implement the contents of telecommunications service quality management as prescribed in this Circular throughout the enterprise and at all branches and subordinate units within the provinces and centrally-run cities.

2. Strictly comply with the regulations on telecommunications service quality management set forth in this Circular and other relevant legal documents.

3. Ensure and maintain the quality of telecommunications services at the level announced. When there is an incident or when the level of telecommunications service quality does not match the announced level, immediate measures must be taken to ensure service quality.

4. Coordinate with related telecommunications enterprises in maintaining inter-network telecommunications service quality.

5. Bear responsibility for the quality of telecommunications services provided to users and for their agents according to service usage contracts, agency contracts, and relevant laws.

Article 26. Effective date

This Circular takes effect from May 10, 2013, and replaces the "Regulations on Quality Management of Postal and Telecommunications Services" issued together with Decision No. 33/2006/QĐ-BBCVT dated September 6, 2006, of the Minister of Posts and Telecommunications.

Article 27. Responsibility for Implementation

1. The Director of the Office; the Director of the Telecommunications Department; the Heads of ministries’ agencies and units; the Directors of Information and Communications Departments of provinces and centrally-run cities; the General Directors and Directors of telecommunications enterprises and related organizations and individuals are responsible for implementing this Circular.

2. Any difficulties encountered during the implementation of this Circular should be promptly reported to the Ministry of Information and Communications for consideration and resolution./.