Bản dịch văn bản 176/2003/QĐ-BBCVT
quyet-dinh-176-2003-qd-bbcvt
Cơ quan ban hành: Bộ Bưu chính, Viễn thông
Ngày ban hành: 2003-11-10

DECISION No. 176/2003/QD-BBCVT OF NOVEMBER 10, 2003 PROMULGATING THE REGULATION ON QUALITY CONTROL OF POST SERVICES, TELECOMMUNICATIONS NETWORKS AND SERVICES THE MINISTER OF POST AND TELEMATICS Pursuant to the June 7, 2002 Post and Telecommunication Ordinance promulgated by Order No.13/2002/L/CTN of the State President of the Socialist Republic of Vietnam; Pursuant to the Government's Decree No.90/2002/ND-CP of November 11, 2002 defining the functions, tasks, powers and organizational structure of the Post and Telematics Ministry; At the proposal of the director of the Science-Technology Department, DECIDES: Article 1.- To promulgate together with this Decision the Regulation on quality control of post services, telecommunications networks and services. Article 2.- This Decision takes implementation effect 15 days after its publication in the Official Gazette. It replaces Decision No.143/2001/QD-TCBD of February 28, 2001 of the General Director of Post. Article 3.- The director of the Office, the chief inspector, the director of the Science-Technology Department, the directors of the Departments; the director of the Post, Telecommunications and Information Technology Quality Control Department, the heads of the units, of the Ministry of Post and Telematics; the post and telecommunications enterprises as well as agents shall have to implement this Decision. For the Minister of Post and Telematics Standing Vice Minister MAI LIEM TRUC REGULATION ON QUALITY CONTROL OF POST SERVICES, TELECOMMUNICATIONS NETWORKS AND SERVICES (Promulgated together with Decision No.176/2003/QD-BBCVT of November 10, 2003 of the Minister of Post and Telematics) I. GENERAL PROVISIONS Article 1.- The Ministry of Post and Telematics promulgates the Regulation on quality control of post services, telecommunications networks and services, aiming to create legal bases for the State management over the quality of post services, telecommunications networks and services; to raise the sense of responsibility of enterprises for the quality of services or networks they have provided or set up; to ensure the users' interests and enhance the society's supervision of the quality of post, telecommunications networks and services. Article 2.- Subjects and scope of regulation 1. This document prescribes the contents of State management over the quality of post services, public telecommunications networks and services (hereinafter referred collectively to as services and networks) on the Vietnamese territory. 2. This document shall apply to post and telecommunications enterprises (hereinafter referred collectively to as enterprises); post and telecommunications agents. Article 3.- The contents of quality control of services, networks shall include: 1. To promulgate, and guide the implementation of, legal documents on quality control of services, networks. 2. To manage activities of quality registration of services, networks. 3. To organize the reporting on the quality of services, networks. 4. To inspect the quality of services, networks. 5. To supervise the quality of services, networks. 6. To inspect and handle violations. Article 4.- The service and network quality shall be managed on the basis of the State's legal documents related to quality control; the branch standards promulgated by the Ministry of Post and Telematics; international standards, Vietnamese standards announced by the Ministry of Post and Telamatics for compulsory application; the quality criteria registered and reported by enterprises. Article 5.- The Ministry of Post and Telamatics promulgates the list of post services, networks and telecommunications services subject to quality control according to each period in conformity with the policies, managerial requirements and reality of post and telecommunications development. Article 6.- The Post, Telecommunications and Information Technology Quality Control Department under the Ministry of Post and Telematics is the body enforcing the control of quality of services and networks nationwide. The regional Post, Telecommunications and Information Technology Departments shall have to coordinate with the Post, Telecommunications and Information Technology Quality Control Department in guiding and inspecting the implementation of regulations on quality control of post services, networks and telecommunications services in the geographical areas under their respective management. Article 7.- Enterprises supplying network infrastructure and enterprises providing post and telecommunications services on the list of post services, telecommunications networks and services subject to quality control are obliged to register and announce the registration of service and network quality; to observe the reporting regime; to submit to the supervision, examination and inspection by the Ministry of Post and Telematics according to the provisions in this document as well as other relevant legal documents. Article 8.- Enterprises supplying network infrastructure and enterprises providing post and telecommunications services not on the list of post services, telecommunications networks and services subject to quality control are obliged to announce the voluntarily applicable quality criteria of services and network; to report in writing the announced quality criteria to the Post, Telecommunications and Information Technology Quality Control Department according to the address mentioned in Article 14 and take self-responsibility according to law provisions for the quality criteria of services or networks they have announced. Article 9.- The post and telecommunications agents are subject to examination and inspection by the Ministry of Post and Telematics as provided for in this document and have to report on the quality upon requests. II. QUALITY REGISTRATION OF SERVICES, NETWORKS Article 10.- Quality registration of services and networks means the enterprises' commitment to ensure the quality criteria of services and networks on the list of post services, networks and telecommunications services subject to quality control. Article 11.- The Post, Telecommunications and Information Technology Quality Control Department shall grant certificates of quality registration of post services, telecommunications networks and services (hereinafter called quality registration certificates for short) on the basis of: 1. The branch standards promulgated by the Ministry of Post and Telematics. 2. The international standards, Vietnamese standards, which are announced by the Ministry of Post and Telematics for compulsory application. Article 12.- The quality registration certificates shall be valid for given terms, depending on types of post services, telecommunications networks and services. The terms shall be inscribed on the quality registration certificates. Article 13.- When being granted quality registration certificates, the enterprises shall have to pay fees for post quality management according to the Finance Ministry's regulations. In cases where the Ministry of Post and Telematics promulgates new quality criteria of services and networks, the enterprises making re-registration shall not have to pay fees, the terms of the new quality registration certificates are the terms of the old quality registration certificates. Article 14.- A dossier of quality registration of services, networks shall include: 1. The application for quality registration (made according to set form prescribed in the attached appendix not printed herein); 2. The permit for network establishment or service provision; 3. The list of quality criteria, registration terms. The dossiers shall be received at the Post, Telecommunications and Information Technology Quality Control Department, 18 Nguyen Du street, Hanoi. Article 15.- Within 15 working days after the receipt of complete and valid dossiers, the Post, Telecommunications and Information Technology Quality Control Department shall grant quality registration certificates. In case of non-granting, the Post, Telecommunications and Information Technology Quality Control Department must notify the enterprises in writing thereof and clearly the state reasons therefor. Article 16.- Quality registration certificates shall be no longer valid in the following cases: 1. The actual duration has exceeded the terms inscribed in the quality registration certificates. 2. The Post, Telecommunications and Information Technology Quality Control Department notifies the cancellation of the effect of quality registration certificates because the services or networks have failed to ensure the registered quality. Article 17.- Enterprises shall have to re-register the quality of services or networks in the following cases: 1. They are not granted the quality registration certificates as mentioned in Article 15. 2. The qualify registration certificates are no longer valid, as mentioned in Article 16. 3. The Ministry of Post and Telematics promulgates new quality criteria of services and networks. 4. The enterprises change the quality criteria or commitments. Article 18.- Within 15 days after being granted the quality registration certificates, enterprises must announce on the mass media and publicly post up at their transaction spots the registered quality criteria. III. REPORTS ON SERVICE AND/OR NETWORK QUALITY Article 19.- Post and telecommunications enterprises and agents shall have to report on the actual quality of the services or networks they have provided according to regulations and take responsibility for the accuracy of the report contents. Article 20.- The reports on service and/or network quality shall include: 1. Periodical report: Annually, the enterprises which have made quality registration shall have to report on the quality of their provided services, networks. 2. Extraordinary report: Based on the practical situation and specific cases, the Post, Telecommunications and Information Technology Quality Control Department shall request the post and telecommunications enterprises and/or agents to send extraordinary reports. 3. The address for reception of reports is the same as that mentioned in Article 14. IV. EXAMINATION OF SERVICE AND/OR NETWORK QUALITY Article 21.- The Post, Telecommunications and Information Technology Quality Control Department shall conduct the quality examination of services, networks under decisions of the Minister of Post and Telematics. At least seven days before conducting the examinations, the Post, Telecommunications and Information Technology Quality Control Department must notify the post and telecommunications enterprises and/or agents in writing of the examination time, contents and plans. Article 22.- The quality examination of services and networks shall be based on the quality criteria already registered and announced by post and telecommunications enterprises or agents as well as the criteria prescribed in Article 11 of this document. Article 23.- The post and telecommunications enterprises and agents must fully supply dossiers and documents to the examination agencies and take responsibility for the contents they have supplied, and at the same time create favorable conditions for the examination work. Article 24.- The calibrations and tests in service of quality examination shall be conducted by the Post, Telecommunications and Information Technology Quality Control Department. In case of necessity, it may designate calibrating and testing agencies recognized by the Ministry of Post and Telematics to conduct the calibrations and tests. The examined enterprises shall have to pay all calibration and testing costs as agreed upon with the calibrating and testing units and provide free of charge the services and/or networks in service of the calibrating and testing work. Article 25.- Within 15 days after obtaining the examination results, the Post, Telecommunications and Information Technology Quality Control Department shall have to report thereon to the Minister of Post and Telematics and notify the post and telecommunications enterprises and/or agents of the examination results. V. SUPERVISION OF SERVICE AND/OR NETWORK QUALITY Article 26.- The Post, Telecommunications and Information Technology Quality Control Department shall promulgate the process of quality supervision and enforce the quality supervision over the services and networks on the list of post services, telecommunications networks and services subject to quality control. Article 27.- The process of quality supervision over each service, network must: 1. Clearly state the supervision scope, regime and modes. 2. Clearly define the responsibilities of the supervising agencies and enterprises. 3. The supervision criteria are compatible with the contents mentioned in Article 4 of this document. 4. The supervision does not affect the normal operation of the supervised services and/or networks. Article 28.- The quality supervision results shall be reported to the Minister of Post and Telematics and quarterly announced on the Post and Telematics Ministry's Website as well as the mass media. Article 29.- The network infrastructure supplying enterprises and the enterprises providing post and telecommunications services on the list of post services, telecommunications networks and services subject to quality control are obliged to provide free of charge services and data relating to the quality supervising work as required by the quality supervision process. VI. INSPECTION AND HANDLING OF VIOLATIONS Article 30.- The inspectors of the Post, Telecommunications and Information Technology Quality Control Department and inspectors of regional Post, Telecommunications and Information Technology Departments shall coordinate with one another in inspecting the observance of regulations on quality control of services and networks under the provisions of law. Article 31.- The inspected post and telecommunications service enterprises and agents shall have to supply, and take responsibility for the accuracy of, the necessary dossiers, documents and information relating to the inspection contents; and create favorable conditions for the performance of the inspection tasks. Article 32.- All acts of violating the Regulation on quality control of post services, telecommunications networks and services shall be handled according to law provisions. For the Minister of Post and Telematics Standing Vice Minister MAI LIEM TRUC