Thông tư 15/2011/TT-BTTTT

CIRCULAR

ON PRESCRIBING THE QUALITY CONTROL OF POSTAL SERVICES

THE MINISTER OF INFORMATION AND COMMUNICATIONS

Pursuant to the Law on Post of June 17, 2010;

Pursuant to the  Law on Product and goods quality of November 21, 2007;

Pursuant to the Law on Technical regulations and standards of June 29, 2006;

Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007 defining functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

At the proposal of The Director of the Department of Information technology and communication quality control.

STIPULATES

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and Subjects of application

1. This Circular prescribes the quality control of postal services.

2. This Circular is applicable to State management agencies of postal service quality; organizations and individuals providing, participating in the provision of postal services in Vietnam.

Article 2. State management agencies of postal service quality:

1. The Authority of Information and Communication Technology Quality Control affiliated to the Ministry of Information and Communications is the State management agency of postal service quality nationwide.

2. The Services of information and communication shall perform State management of postal service quality under their management local in accordance with the assigned functions, tasks and contents.

Article 3. Enterprises providing postal services are responsible to:

1. Implement the provisions on postal service quality control in this Circular and other relevant legal documents.

2. Ensure and sustain the service quality as announced; regularly perform inspection of quality of provided services. When detecting the inconformity of service quality with the accounced standards, it is required to instantly take remedial measureas for assuring the quality of such services.

3. Cooperate with relevant units and enterprises in maintaining the quality of inter-network service.

4. Bear responsibilities  for the provided service quality at the service places as prescribed by law.

Chapter II

PUBLIC POSTAL SERVICE QUALITY CONTROL

Section 1. REGULATION CONFORMITY ANNOUNCEMENT OF PUBLIC POSTAL SERVICES

Article 4. Enterprises providing postal services appointed by the State to perform public postal duties (hereinafter referred to as appointed enterprises) are responsible to announce the regulation conformity of public postal services under the “National technical regulations of public postal services” (hereinafter referred to as Regulation) promulgated by the Ministry of Information and Communications. The announcement must be consistent with the Regulation.

Article 5. Registration procedures for regulation conformity announcement

1. Within ten (10) working days as from this Circular takes effect, or newly-promulgated regulations take effect, or the Ministry of Information and Communications make changes in the regulations, or enterprises make changes in the previously announced contents, appointed enterprises must send 01 set of dossier on regulation conformity announcement to the Department of Information technology and communication quality control. The dossier includes:

a) The Official Dispatch on regulation conformity announcement of public postal services (under the form in Annex I of this Circular);

b) The written regulation conformity announcement (under the form in Annex II of this Circular);

c) The list of quality norms for public postal services (under the form in Annex III of this Circular).

2. Method of implementation: Appointed enterprises shall send the dossier on regulation conformity announcement through the postal system or send directly to the Department of Information technology and communication quality control.

3. Within five (05) working days as from the dossier approval, the Authority of Information and Communication Technology Quality Control shall issue the “Notice of reception of written regulation conformity announcement” (under the form in Annex IV of this Circular) to enterprises. If the dossier is not approved, the Department shall reply enterprises in writing.

4. Within thirty (30) working days as from the date of issuing the “Notice of reception of written regulation conformity announcement”, appointed enterprises are responsible to:

a) Publicize the information about regulation conformity announcement of public postal services as prescribed in clause 1 Article 21 of this Circular.

b) Legibly post up the “Regulation conformity announcement” and the “List of quality norms for public postal services” in the service places (except for the service places being public mailboxes).

Section 2. REPORTS OF PUBLIC POSTAL SERVICE QUALITY

Article 6. Periodic reports:

1. Appointed enterprises are responsible to make periodic reports on public postal service quality under the form prescribed in Annex V and Annex VI of this Circular.

2. Before the January 20^th and July 20^th every year, appointed enterprises shall report the quality of public postal services provided in the previous 6 months to the Authority of Information and Communication Technology Quality Control. The report includes: documents and electronic documents (soft file), electronic documents being sent to the electric mailbox of the Authority of Information and Communication Technology Quality Control ([email protected]) concurrently with the written reports

Article 7. Irregular reports:

1. Appointed enterprises are responsible to report the actual quality of provided public postal services to the Authority of Information and Communication Technology Quality Control when being requested.

2. Enterprises providing public postal services in the localities under the management of the Seivices of Information and Communications are responsible to report the actual quality of provided public postal services to the Seivices of Information and Communications when being requested.

Article 8. The figures, documents used for making reports on public postal service quality must be archived in at least two (02) years as from the date of reporting. The reporting units must be responsible for the accuracy and promptness of the contents, documents and figures reported, explained and provided for competent agencies when being requested.

Section 3. INSPECTION BY STATE MANAGEMENT AGENCIES OF PUBLIC POSTAL SERVICE QUALITY

Article 9. Planned inspection

1. Annually, the Authority of Information and Communication Technology Quality Control shall inspect public postal service quality of appointed enterprises.

2. The inspection contents include:

a) Inspecting the observance of provisions on public postal service quality control of appointed enterprises.

b) Testing, sampling and inspecting, assessing service quality norms under the regulations and the quality standards announced by appointed enterprises.

3. Order and procedures for inspection:

a) Before inspecting, the Authority of Information and Communication Technology Quality Control shall issue a decision on the inspection and send to inspected enterprise at least 07 (seven) working days before the date of inspection.

b) The Inspection team shall announce the decision on inspection, notify the inspection content and requirements for figures, documents and facilities serving the inspection.

c) The Inspection team shall inspect the notified contents, perform tests and sampling serving inspection, assessment of the service quality norms under the regulation. The test and sampling shall be performed randomly at any time during the inspection and at any places within the inspected area. The Chief of inspection team shall decide on specific test and sampling method, ensuring the observance of the regulations.

d) Inspection team shall hold meetings with inspected enterprise and make inspection record. The inspection record must contain the signatures from the Chief of inspection team and the legal representative of the inspected enterprise, or the person authorized by the legal representative of the inspected enterprise. In case the legal representative of the inspected enterprise or the person authorized by the legal representative of the inspected enterprise refuses to sign the record, the record containing the signatures from the Chief of inspection team and the members of inspection team is still valid.

e) Within 10 (ten) working days as from the end of the inspection, the Authority of Information and Communication Technology Quality Control shall make written conclusion on the inspection contents and send to the inspected enterprise.

Article 10. Irregular inspection

1. The Authority of Information and Communication Technology Quality Control shall perform irregular inspection of public postal service quality of appointed enterprises. The Departments of Information and Communications shall make decision on performing irregular inspection of local enterprises providing public postal services under their management.

2. Inspecting agencies shall issue decisions on the inspection and notify the time and inspection content to inspected units at least (01) working day before the date of inspection.

Article 11. Responsibilities of inspected units

1. For planned inspections, inspected enterprises must make documents specifying the full name, position, phone number of the legal representative of the enterprise or the person authorized by legal representatives of the enterprise who works with the inspection team and send to the Authority of Information and Communication Technology Quality Control at least 01 working day before the date of inspection written in the decisions on the inspection.

2. Legal representatives of inspected units, or the person authorized in writing by legal representatives of inspected units must work with inspection team throughout the inspections and facilitate the inspections.

3. Fully preparing necessary facilities, contents, documents, figures for the inspection; providing and bearing responsibilities for the accuracy, promptness of the figures, documents and explain when being requested by the inspection team.

4. Promptly taking remedial measures for the defects in public postal service quality at the request of inspection team.

Article 12. Inspection expenses

1. Expenses on sampling, testing, inspecting and assessing the norms serving the inspection of public postal service quality shall be allocated by the State budget and laid in the budget estimates for the activities of inspecting agencies.

2. Basing on the results of inspection, asessment and tests, if the inspecting agencies conclude that the inspected enterprises have committed violations of provisions on public postal service quality, the inspected enterprises must pay for the expenses on sampling, testing, inspecting and assessing to inspecting agencies.

Article 13. Archiving figures

The figures of the sampling, tests, inspections and assessments must be archived in at least two (02) years as from the end of the inspection.

Section 4. SELF-INSPECTION BY ENTERPRISES OF PUBLIC POSTAL SERVICE QUALITY

Article 14. Within sixty (60) days as from this Circular takes effect, appointed enterprises must promulgate the regulation on self-inspections and assessment of public postal service quality under the regulations and in compliance with the provisions in this Circular.

Article 15. Every (06) six months, appointed enterprises must self-inspect the observance of provisions on public postal service quality control; inspect and assess all the quality norms for public postal services under the regulations. The results of self-inspections and assessments must be made in writing under the form prescribed in Annex VII of this Circular.

Article 16. Appointed enterprises must archive the results of self-inspections, assessments and the figures, documents which be used for making such results in at least two (02) years as from the date of getting the results of self-inspections, assessments and send report to competent agencies when being requested.

Chapter III

NON-PUBLIC POSTAL SERVICE QUALITY CONTROL

Article 17. Announcing service quality

1. Enterprises which are issued by the Ministry of Information and Communications with the permit for postal service business or the written notification of postal activities, are responsible to announce service quality consistently with the standards according to they voluntarily apply in at least one of the following forms:

a) Announcing on the enterprises’ websites,

b) Publicly and legibly posting at service places.

c) Making written commitment with customers in the contracts, reception notes, fliers or other forms.

2. In case enterprises establish voluntarily applied standards to announce non-public postal service quality, the standards must at least include the following criterias:

a) Completion time: is the period calculated from the time when the sending mail is accepted until being valid handed out to the receiver;

b) Time of complaint settlement.

Article 18. Reports on service quality

1. Enterprises providing non-public postal services are responsible to report at the request of the Authority of Information and Communication Technology Quality Control.

2. Local enterprises providing non-public postal services under the management of the Departments of Information and Communications are responsible to report at the Departments’ requests.

Article 19. Service quality inspection

1. State management agencies of postal service quality shall make decision on inspecting enterprises of the observance of provisions on postal service quality control and perform actual inspection and assessment of the non-public postal service quality of enterprises under the standards announced by the enterprises. The methods of actual inspection and assessment of each particular service shall be decided by the Ministry of Information and Communications.

2. Enterprises are responsible to regulary perfrom self-inspection of the quality of the provided non-public postal services in order to ensure the conformity of the service quality with the announced standards.

Chapter IV

PUBLICIZING INFORMATION ABOUT POSTAL SERVICE QUALITY CONTROL

Article 20. The Authority of Information and Communication Technology Quality Control shall publicize the information about public postal service quality control on the website of the Authority of Information and Communication Technology Quality Control. The publicized information includes:

1. The implementation process of publicizing the quality and the quality norms for public postal services announced by enterprises.

2. The observance of the report regulation and the quality norms for public postal services reported by enterprises.

3. The actual inspection results of the quality norms for public postal services.

Article 21. Appointed enterprises must have the websites that contain the item “Service quality control” in the home page in order to publicize the information about their postal service quality control. The publicized information includes:

1. The regulation conformity announcement and the List of quality norms for public postal services sent to the Authority of Information and Communication Technology Quality Control.

2. The periodic reports on public postal service quality sent to the Authority of Information and Communication Technology Quality Control.

3. The results of self-inspections, measurements and assessment as prescribed in Article 16 Chapter II of this Circular.

4. The address and phone number to receive and settle customers’ complaints on the service quality.

5. The process for receiving and settling customers’ complaints on the service quality.

6. The information about customer assistance.

Chapter V

ORGANIZING THE IMPLEMENTATION

Article 22. The Authority of Information and Communication Technology Quality Control shall:

1. Presides over and guides the the Departments of Information and Communications and enterprises to implement this Circular.

2. Sum up and send reports to the Ministry of Information and Communications on the postal service quality control.

3. Study and send proposal to the Ministry of Information and Communications on the problems relating to the postal service quality control.

Article 23. The Departments of Information and Communications shall:

1. Perform postal service quality control in the localities under their management in accordance with the assigned functions, tasks and contents. Guide the local enterprises operating under their management to implement this Circular.

2. Detect and reflect the defects in local postal service quality, report to the Authority of Information and Communication Technology Quality Control and propose remedial measures.

Article 24. Appointed enterprises are responsible to:

1. Arrange the primary units, assign leading officers to deploy and operate the postal service quality control contents prescribed in this Circular.

2. Re-perform application procedures for regulation conformity announcement, re-promulgate the self-inspection regulation if there is any change compared to the announcement dossier sent to the Authority of Information and Communication Technology Quality Control, or the promulgated self-inspection regulation.

Article 25. Effects

1. This Circular takes effect after 45 days as from its signing.

2. Abolishing the contents on postal service quality control prescribed in the “Regulation on telecommunication and postal service quality control” promulgated together with the Decision No. 33/2006/QD-BBCVT of September 06, 2006 by The Minister of Post an telecommunication.

Article 26. Responsibilities for implementation

1. The Director of the Authority of Information and Communication Technology Quality Control, Heads of agencies, units affiliated to the Ministry of Information and Communications; Directors of the Departments of Information and Communications, enterprises providing postal services and relevant units are responsible to implement this Circular.

2. During the course of the implementation of this Circular, any obstruction should be reported promptly to the Ministry of Information and Communications./.