Decision No. 176/2003/QĐ-BBCVT Issuing Regulations on Quality Management of Postal Services, Networks, and Telecommunications Services

I. GENERAL PROVISIONS

Article 1:

Object and scope of regulation:

Article 2:

This document stipulates the content of state management of quality for: postal services, networks and public telecommunication services (hereinafter referred to collectively as services and networks) within the territory of Vietnam.

1.  This document applies to: postal and telecommunication enterprises (hereinafter referred to collectively as enterprises); postal and telecommunication service agents.

2.  The content of quality management of services and networks includes:

Article 3:

Issuing and guiding the implementation of legal normative documents on quality management of services and networks.

Managing the registration of quality of services and networks.

Organizing the reporting of quality of services and networks.

3.  Inspecting the quality of services and networks.

4.  Monitoring the quality of services and networks.

5.  Supervising and handling violations.

6.  Quality of services and networks is managed based on legal normative documents of the State related to quality management; industry standards issued by the Ministry of Posts and Telecommunications; international standards and Vietnamese standards announced by the Ministry of Posts and Telecommunications for mandatory application; quality indicators registered and reported by enterprises.

Article 4:

The Ministry of Posts and Telecommunications issues a "List of Mandatory Quality Management Postal Services, Networks and Telecommunication Services" according to each period in accordance with policy, management requirements, and actual development of postal and telecommunication sectors.

Article 5:

The Postal Quality Management Bureau, Telecommunications and Information Technology under the Ministry of Posts and Telecommunications is the agency responsible for enforcing quality management of services and networks nationwide.

Article 6:

Regional Postal, Telecommunications and Information Technology Bureaus have the responsibility to coordinate with the Postal Quality Management Bureau, Telecommunications and Information Technology to guide and inspect the implementation of regulations on quality management of postal services, networks and telecommunication services within their jurisdiction.

Enterprises providing network infrastructure, postal and telecommunication service enterprises included in the "List of Mandatory Quality Management Postal Services, Networks and Telecommunication Services" have the obligation to register and publish quality registration of services and networks; implement reporting systems; be subject to monitoring, inspection, and supervision by the Ministry of Posts and Telecommunications according to the provisions of this document and other relevant legal normative documents.

Article 7:

Enterprises providing network infrastructure, postal and telecommunication service enterprises not included in the "List of Mandatory Quality Management Postal Services, Networks and Telecommunication Services" have the obligation to publish voluntary quality indicators of services and networks; report in writing the published quality indicators to the Postal Quality Management Bureau, Telecommunications and Information Technology at the address specified in Article 14 and bear responsibility according to the law for the quality indicators of services and networks they publish.

Article 8:

Postal and telecommunication service agents are subject to inspection and supervision by the Ministry of Posts and Telecommunications according to the provisions of this document and have the responsibility to report quality when required.

Article 9:

II. QUALITY REGISTRATION OF SERVICES AND NETWORKS

Quality registration of services and networks is the enterprise's commitment to ensuring quality indicators of services and networks included in the "List of Mandatory Quality Management Postal Services, Networks and Telecommunication Services".

Article 10:

The Postal Quality Management Bureau, Telecommunications and Information Technology issues a "Quality Registration Certificate for Postal Services, Networks and Telecommunication Services" (hereinafter referred to as Quality Registration Certificate) based on:

Article 11:

1. Industry standards issued by the Ministry of Posts and Telecommunications.  2. International standards and Vietnamese standards announced by the Ministry of Posts and Telecommunications for mandatory application.

The Quality Registration Certificate has validity for a certain period according to each type of postal service, network, and telecommunication service. The validity period is stated on the Quality Registration Certificate.  3. The Vietnam General Confederation of Labor shall be responsible for prescribing and guiding the management, distribution, and use of union fee sources in accordance with the Charter of the Vietnam General Confederation of Labor.

When issuing the Quality Registration Certificate, enterprises must pay the postal quality management fee as prescribed by the Ministry of Finance. In case the Ministry of Posts and Telecommunications issues new quality standards for services and networks, enterprises must re-register without paying the fee, and the validity period of the new Quality Registration Certificate will be the same as that of the old certificate.

Article 12:

The quality registration dossier includes:

Article 13:

Quality registration form

Article 14:

(as attached);

1.  Permit for establishing networks and providing services; List of quality indicators and registration terms.

2.  The dossier is received at the Postal Quality Management Bureau, Telecommunications and Information Technology, 18 Nguyen Du Street, Hanoi.

3.  VIOLATION HANDLING

shall be handled in accordance with the provisions of the law.

Article 15:

Within fifteen working days from the date of receiving complete and valid documents, the Postal Quality Management Bureau, Telecommunications and Information Technology shall issue the Quality Registration Certificate. In case it does not issue the certificate, the Postal Quality Management Bureau, Telecommunications and Information Technology must notify the enterprise in writing and specify the reasons.

Article 16:

The Quality Registration Certificate shall be invalid in the following cases:

1.  The actual time exceeds the period stated on the Quality Registration Certificate.

2.  The Postal Quality Management Bureau, Telecommunications and Information Technology shall announce the cancellation of the effectiveness of the Quality Registration Certificate due to the service or network failing to meet the registered quality standards.

Article 17:

Enterprises must re-register the quality of services and networks in the following cases:

1.  Not being issued a Quality Registration Certificate as stipulated in Article 15.

2.  The Quality Registration Certificate has become invalid as specified in Article 16.   

3.  The Ministry of Posts and Telecommunications promulgates new service and network quality standards.

4.  When enterprises change their quality indicators or commitments.

Article 18:

Within fifteen days from the date of issuance of the Quality Registration Certificate, enterprises must publish on mass media and publicly display at transaction points the registered quality indicators.

III. QUALITY REPORT OF SERVICES AND NETWORKS

Article 19:

Enterprises and postal and telecommunications service agents have the responsibility to report the actual quality status of the services and networks they provide according to regulations and bear responsibility for the accuracy of the reported content.

Article 20:

The quality reporting system includes:

1. Periodic reports: Every quarter, enterprises that have registered quality must report on the quality situation of the services and networks they provide.

2.  Ad hoc reports: Based on actual situations and specific cases, the Postal Quality Management Bureau, Telecommunications and Information Technology may request enterprises and postal and telecommunications service agents to submit ad hoc reports.

3.  The address for receiving reports is as stipulated in Article 14.

IV. QUALITY INSPECTION OF SERVICES AND NETWORKS

Article 21:

The Postal Quality Management Bureau, Telecommunications and Information Technology implements quality inspections of services and networks based on the decision of the Minister of Posts and Telecommunications.

At least seven days before conducting inspections, the Postal Quality Management Bureau, Telecommunications and Information Technology must notify enterprises and postal and telecommunications service agents in writing about the start time of the inspection and the content and plan of the inspection.

Article 22:

The quality inspection is based on  according to  the quality indicators that enterprises and postal and telecommunications service agents have registered and announced, and the standards prescribed in Article 11 of this document.

Article 23:

Enterprises and postal and telecommunications service agents must provide all necessary documents to the inspection authority and bear responsibility for the contents they provide, while facilitating the inspection work.

Article 24:

Measurement activities serving the quality inspection are carried out by the Postal Quality Management Bureau, Telecommunications and Information Technology. If necessary, the Postal Quality Management Bureau, Telecommunications and Information Technology may designate a measurement agency recognized by the Ministry of Posts and Telecommunications to conduct measurements. The inspected enterprise is responsible for paying the measurement costs agreed upon with the implementing unit and providing free service and network usage for quality measurement activities.

Article 25:

Within fifteen days after the inspection results are obtained, the Postal Quality Management Bureau, Telecommunications and Information Technology is responsible for reporting to the Minister of Posts and Telecommunications and notifying the inspection results to enterprises and postal and telecommunications service agents. 

V. SUPERVISION OF QUALITY OF SERVICES AND NETWORKS

Article 26:

The Postal Quality Management Bureau, Telecommunications and Information Technology issues the Quality Supervision Procedures and enforces quality supervision over services and networks listed in the "Directory of Compulsory Quality Management Postal Services, Networks, and Telecommunication Services."

Article 27:

The quality supervision procedures for each service and network must ensure:

Clearly defining the scope, regime, and methods of implementation of supervision.

Clearly defining the responsibilities of the supervisory agency and the enterprise.

Supervision indicators consistent with the content stipulated in Article 4 of this document.

Supervision activities shall not affect the normal operation of the supervised services and networks.

Article 28:

The results of quality supervision are reported to the Minister of Posts and Telecommunications; announced on the Ministry's website and through mass media quarterly.

Article 29:

Enterprises providing network infrastructure and postal and telecommunications services listed in the "Directory of Compulsory Quality Management Postal Services, Networks, and Telecommunication Services" have the obligation to provide free and toll-free services and data related to quality supervision activities as required by the Quality Supervision Procedures.

VI. INSPECTION AND DISCIPLINARY ACTION FOR VIOLATIONS  VIOLATION OF THE LAWBriefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…

Article 30:

The Postal Quality Management Bureau, Telecommunications and Information Technology leads the inspection, and regional Postal and Telecommunications and Information Technology Bureaus cooperate to inspect compliance with quality management regulations for services and networks according to legal provisions.

Article 31:

Inspected enterprises and postal and telecommunications service agents have the duty to provide and bear responsibility for the accuracy of necessary documents, information related to the inspection content; facilitate the execution of inspection tasks.

Article 32:

Violations concerning the management of postal service, network, and telecommunication service quality will be handled according to legal provisions.  IN VIOLATION OF THE PROVISIONS OF THE LAW.

DEPUTY MINISTER OF POSTS AND TELECOMMUNICATIONS

TRUSTED  CHIEF PERMANENT REPRESENTATIVE

(Signed)

MAI  LIEM  DIRECTOR