Circular No. 15/2011/TT-BTTTT on the management of postal service quality

CIRCULAR

Provisions on the management of postal service quality

____________________

MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Posts dated June 17, 2010;

Based on the Law on Product Quality dated November 21, 2007;

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

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

At the proposal of the Director of the Quality Management Agency for Information Technology and Telecommunications,

c) Enterprises may be granted permission for no more than one block out of the total three dual-frequency blocks (FDD) B

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability:

1. This Circular stipulates the management of postal service quality.

2. This Circular applies to state agencies managing the quality of postal services; organizations and individuals providing or participating in the provision of postal services in Vietnam.

Article 2. State agencies managing the quality of postal services:

1. The Quality Management Agency for Information Technology and Telecommunications under the Ministry of Information and Communications is the state agency managing the quality of postal services throughout the country.

2. Departments of Information and Communications manage the quality of postal services within their jurisdiction according to their functions, tasks, and assigned contents.

Article 3. Postal service providers have the responsibility to:

1. Implement regulations on the management of postal service quality as stipulated in this Circular and other relevant legal documents.

2. Ensure and maintain service quality at the level announced. Regularly self-inspect the quality of services provided. When discovering that the service quality level does not match the announced level, immediately implement measures to ensure service quality.

3. Coordinate with related units and enterprises in maintaining inter-network service quality.

4. Be responsible for the quality of services provided at their service points in accordance with legal provisions.

Chapter II

MANAGEMENT OF QUALITY OF PUBLIC POSTAL SERVICES

Section 1

ANNOUNCEMENT OF COMPLIANCE WITH TECHNICAL REGULATIONS FOR PUBLIC POSTAL SERVICES

Article 4. Postal service providers designated by the State to fulfill public postal obligations (hereinafter referred to as designated enterprises) shall be responsible for announcing compliance with technical regulations for public postal services according to the "National Technical Regulations on Public Postal Services" (hereinafter referred to as the regulations) issued by the Ministry of Information and Communications. The announced level must not contravene the levels prescribed in the regulations.

Article 5. Procedures for registering the announcement of compliance:

1. Within ten (10) working days from the date this Circular takes effect or from the date new regulations take effect or when the Ministry of Information and Communications changes the regulations or when the enterprise makes any change to previously announced content, the designated enterprise must submit one set of compliance announcement documents to the Quality Management Agency for Information Technology and Telecommunications. The documents include:

a) A letter regarding the announcement of compliance with technical regulations for public postal services (according to the model in Appendix I of this Circular);

b) The compliance announcement (according to the model in Appendix II of this Circular);

c) A list of quality indicators for public postal services (according to the model in Appendix III of this Circular).

2. Method of implementation: The designated enterprise submits the compliance announcement documents through the postal system or directly to the Quality Management Agency for Information Technology and Telecommunications.

3. Within five (05) working days from the date the documents are accepted, the Quality Management Agency for Information Technology and Telecommunications issues a "Notice of Receipt of Compliance Announcement" (according to the model in Appendix IV of this Circular) to the enterprise. In case the documents are not accepted, the Agency will issue a written response to the enterprise.

4. Within thirty (30) working days from the date of receipt of the "Notice of Receipt of Compliance Announcement," the designated enterprise is responsible for:

a) Announcing information about the compliance announcement for public postal services as stipulated in Clause 1, Article 21 of this Circular.

b) Posting the "Compliance Announcement" and "List of Quality Indicators for Public Postal Services" in easily readable locations at all service points (except for public mailboxes).

Section 2

REPORT ON QUALITY OF PUBLIC POSTAL SERVICES

Article 6. Periodic Reports:

1. The designated enterprise shall be responsible for periodically reporting on the quality of public postal services according to the forms prescribed in Appendix V and Appendix VI of this Circular.

2. Before January 20th and July 20th each year, the designated enterprise shall report on the quality of public postal services provided in the six months prior to the reporting period to the Directorate for Quality Management of Information Technology and Telecommunications. The report shall include both a written version and an electronic version (soft file), with the electronic version sent to the email address of the Directorate for Quality Management of Information Technology and Telecommunications ([email protected]) simultaneously with the submission of the written report.

Article 7. Special Reports:

1. The designated enterprise shall be responsible for reporting to the Directorate for Quality Management of Information Technology and Telecommunications on the actual quality of public postal services provided by itself when requested.

2. Enterprises providing public postal services within the jurisdiction managed by the Department of Information and Communications shall be responsible for reporting to the Department of Information and Communications on the actual quality of public postal services provided by themselves when requested.

Article 8. Data and materials used to prepare reports on the quality of public postal services must be retained for at least two (02) years from the date of the report. The reporting entity shall be responsible for the accuracy and timeliness of the contents and materials, data in the report; they must explain and provide such information to the competent authority upon request.

Section 3

THE INSPECTION BY THE STATE MANAGEMENT AUTHORITY ON THE QUALITY OF PUBLIC POSTAL SERVICES

Article 9. Planned Inspection

1. Annually, the Directorate for Quality Management of Information Technology and Telecommunications shall conduct inspections on the quality of public postal services for the designated enterprises.

2. The content of the inspection includes:

a) Inspect whether the designated enterprise complies with management regulations regarding the quality of public postal services.

b) Test, sample, and inspect and evaluate service quality indicators according to standards and quality levels announced by the designated enterprise.

3. Inspection procedures:

a) Prior to conducting the inspection, the Directorate for Quality Management of Information Technology and Telecommunications shall issue a decision on the inspection and send it to the inspected enterprise at least seven (07) working days before the inspection date.

b) The inspection team shall announce the inspection decision; inform the inspection content and requirements for data, materials, and equipment serving the inspection work.

c) The inspection team shall carry out inspections on the announced contents; perform testing and sampling to serve the inspection and evaluation of service quality indicators according to standards. Testing and sampling shall be conducted randomly at any time during the inspection period and at any location within the inspection area. The head of the inspection team shall decide on specific testing and sampling methods to ensure compliance with standards.

d) The inspection team shall meet with the inspected enterprise and draft an inspection record. The inspection record must have the signature of the legal representative of the inspected enterprise or the person authorized by the legal representative of the inspected enterprise and the head of the inspection team. In case the legal representative of the inspected enterprise or the person authorized by the legal representative of the inspected enterprise does not sign the record, the record signed by the head of the inspection team and other members of the inspection team still has validity.

e) Within ten (10) working days from the end of the inspection, the Directorate for Quality Management of Information Technology and Telecommunications shall issue a conclusion on the inspection contents and send it to the inspected enterprise.

Article 10. Surprise Inspection

1. The Department of Information Technology Quality Management decides to conduct surprise inspections on the quality of public postal services provided by designated enterprises. The Department of Information and Communications shall decide to conduct surprise inspections for enterprises providing public postal services within its jurisdiction according to its authority.

2. The inspection agency shall issue a decision regarding the inspection and notify the inspected unit about the time and content of the inspection at least one (01) working day before the inspection date.

Article 11. Responsibilities of Inspected Units

1. In cases of planned inspections, the enterprise being inspected must provide a written document clearly stating the name, position, contact phone number of the legal representative of the enterprise or the person authorized by the legal representative of the enterprise who will work with the inspection team and send it to the Department of Information Technology Quality Management at least one (01) working day before the inspection date specified in the inspection decision.

2. The legal representative of the inspected unit or the person authorized in writing by the legal representative of the inspected unit must work with the inspection team throughout the inspection process and facilitate the inspection work.

3. Prepare all necessary contents, documents, data, and tools for the inspection; provide and be responsible for the accuracy and timeliness of the data, documents, and explanations requested by the inspection team.

4. Immediately implement measures to address deficiencies in the quality of public postal services as required by the inspection team.

Article 12. Inspection Costs

1. Sampling, testing, inspection, and evaluation costs for indicators to serve the inspection of the quality of public postal services are funded from the state budget and allocated in the operating budget of the inspection agency.

2. Based on the results of sampling, testing, and evaluation, if the inspection agency concludes that the inspected enterprise has violated regulations on the quality of public postal services, the inspected enterprise must pay the sampling, testing, inspection, and evaluation costs to the inspection agency.

Article 13. Data Storage

Sampling, testing, inspection, and evaluation data must be stored for at least two (02) years from the end of the inspection.

Section 4

SELF-INSPECTION BY ENTERPRISES ON THE QUALITY OF PUBLIC POSTAL SERVICES

Article 14. Within sixty (60) days from the effective date of this Circular, designated enterprises must issue self-inspection and quality assessment regulations for public postal services in accordance with standards and compliance with the provisions of this Circular.

Article 15. Once every six (06) months, designated enterprises must organize self-inspections of compliance with quality management regulations for public postal services; inspect and evaluate all quality service indicators for public postal services according to standards. Self-inspection and assessment results must be documented in the form prescribed in Appendix VII of this Circular.

Article 16. Designated enterprises must store self-inspection and assessment results and data and documents used to build self-inspection and assessment results for at least two (02) years from the date of establishing the self-inspection and assessment results and report to the competent authority when requested.

Chapter III

QUALITY MANAGEMENT OF NON-PUBLIC POSTAL SERVICES

Article 17. Publicizing Service Quality

1. Enterprises that have been granted a business license for postal services by the Ministry of Information and Communications or a notification of postal service operation by the Department of Information and Communications shall be responsible for publicizing service quality in accordance with voluntary standards applicable at least through one of the following methods:

a) On the enterprise's electronic information page (website),

b) Publicly posting at locations easily readable at service points.

c) In commitments to customers in contracts, receipt forms, service brochures, or other forms.

2. In cases where enterprises establish voluntary standards for publicizing postal service quality that are not universal postal services, such standards must include at minimum the following criteria:

a) Total transit time: the period from when the mail item is accepted until it is properly delivered to the recipient;

b) Complaint resolution time.

Article 18. Reporting Service Quality

1. Enterprises providing postal services that are not universal postal services shall be responsible for reporting according to the requirements of the Directorate of Quality Management of Information Technology and Telecommunications.

2. Enterprises providing postal services that are not universal postal services within the jurisdiction managed by the Department of Information and Communications shall be responsible for reporting according to the requirements of the Department.

Article 19. Inspecting Service Quality

1. The state management agency for postal service quality shall decide to conduct inspections on enterprises regarding compliance with regulations on postal service quality management and inspect and evaluate the actual quality of non-universal postal services provided by enterprises based on the standards announced by the enterprises. The method of inspecting and evaluating the actual quality for each specific service will be decided by the Ministry of Information and Communications.

2. Enterprises shall be responsible for regularly self-inspecting the quality of non-universal postal services they provide to ensure that the service quality always meets the announced standards.

Chapter IV

PUBLICIZING INFORMATION ON POSTAL SERVICE QUALITY MANAGEMENT

Article 20. The Directorate of Quality Management of Information Technology and Telecommunications shall implement the publicizing of information about the management of universal postal service quality on its electronic information page (website). The information to be publicized includes:

1. The situation of implementing quality announcements and service quality indicators of universal postal services that enterprises have announced.

2. The situation of complying with reporting systems and service quality indicators of universal postal services that enterprises have reported.

3. Results of actual inspections of universal postal service quality indicators.

Article 21. Designated enterprises must have an electronic information page (website) and a "Service Quality Management" section on the homepage of the website to publicize information about their postal service quality management. The information to be publicized must include:

1. The conformity declaration and the list of universal postal service quality indicators submitted to the Directorate of Quality Management of Information Technology and Telecommunications.

2. Periodic service quality reports of universal postal services submitted to the Directorate of Quality Management of Information Technology and Telecommunications.

3. Self-inspection, measurement, and evaluation results as stipulated in Article 16 of Chapter II of this Circular.

4. Address and phone number for receiving and resolving customer complaints about service quality.

5. Procedures for receiving and resolving customer complaints about service quality.

6. Information about customer support.

Chapter V

IMPLEMENTATION

Article 22. The Department of Information Technology and Telecommunications Quality Management:

1. Take the lead and guide Provincial Departments of Information and Communications, and enterprises to implement this Circular.

2. Summarize and report to the Ministry of Information and Communications on the situation of postal service quality management work.

3. Study and propose to the Ministry of Information and Communications issues related to postal service quality management work.

Article 23. Provincial Departments of Information and Communications:

1. Implement postal service quality management within their jurisdiction according to their functions and tasks and the contents assigned. Guide enterprises operating within their jurisdiction to implement this Circular.

2. Identify and reflect existing issues regarding postal service quality within their jurisdiction, report to the Department of Information Technology and Telecommunications Quality Management, and propose solutions.

Article 24. Designated enterprises shall be responsible for:

1. Organizing main units, assigning leaders to implement and manage the contents of postal service quality management as stipulated in this Circular.

2. Reapply registration procedures for conformity declarations, reissue self-inspection regulations if there are any changes compared to the declaration documents submitted to the Department of Information Technology and Telecommunications Quality Management or previously issued self-inspection regulations.

Article 25. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. Abolish the contents of postal service quality management specified in the "Regulations on Postal Service and Telecommunication Quality Management" issued together with Decision No. 33/2006/QĐ-BBCVT dated September 6, 2006 of the Minister of Posts and Telecommunications.

Article 26. Responsibility for Implementation

1. The Director of the Department of Information Technology and Telecommunications Quality Management; Heads of agencies and units under the Ministry of Information and Communications; Directors of Provincial Departments of Information and Communications; postal service supplying enterprises and related units are responsible for implementing this Circular.

2. During the implementation of this Circular, if there are difficulties, they must promptly reflect them to the Ministry of Information and Communications./.