Laws of Vietnam

Pursuant to Decision No.165/1999/QD-TTg of August 10,1999 of the Prime Minister on establishment of the Postal Quality Control Center attached to the General Department of Post and Telecommunications;

At the proposals of the Director of the Science, Technology and International Cooperation Department and the Director of the Postal Quality Management Center,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on Control of Quality of the Post and Telecommunications Services and Networks.

Article 2.- This Decision takes effect from July 1, 2001. All earlier regulations which are contrary to this Decision are now annulled.

Article 3. The Director of Office; the Chief Inspector, the Directors of the Departments, the Heads of the units attached to the General Department of Post and Telecommunications; the enterprises authorized by the General Department of Post and Telecommunications to issue permits to set up networks or to provide post and telecommunications services; the owners of chargeable intranets and the post and telecommunications agents shall have to implement this Decision.

General Director of Post and Telecommunications
MAI LIEM TRUC

(Promulgated together with Decision No. 143/2001/QD-TCBD of February 28, 2001 of the General Director of Post and Telecommunications)

I. GENERAL PROVISIONS

Article 1.- The promulgation of the Regulation on Control of Quality of the Post and Telecommunication Services and Networks by the General Department of Post and Telecommunications aims to create the legal basis for the State management of the quality of the services and networks of post and telecommunications, raise the sense of responsibility of the enterprises over the quality of the services and networks supplied by them, ensure the interests of the users and strengthen the supervision by society over the quality of the post and telecommunications services and networks.

Article 2.- Objects and scope of regulation:

1. This document stipulates the contents of State management of quality of the public post and telecommunications services and networks; the chargeable intranets and the post and telecommunications agents on Vietnamese territory (hereunder collectively referred to as services and networks).

2. This document is applicable to: the enterprises licensed by the General Department of Post and Telecommunications to set up networks and supply post and telecommunications services (hereunder collectively referred to as enterprises); owners of chargeable intranets and the post and telecommunications agents.

Article 3.- The Control of quality of services and networks include:

1. To promulgate and guide the implementation of the legal documents on the quality Control of services and networks;

2. To manage the registration of quality of services and networks;

3. To organize the reporting on quality of services and networks.

4. To check quality of services and networks;

5. To inspect and handle violations.

Article 4.- The quality of post and telecommunication services and networks is controlled on the basis of the branch Standards issued by the General Department; the international and Vietnamese Standards announced by the General Department of Post and Telecommunications for compulsory application; the quality norms registered and reported by the enterprises; and other legal documents of the State concerning to quality control.

Article 5.- The General Department of Post and Telecommunications shall work out and announce the "List of post and communications services and networks subject to compulsory quality control" for each period.

Article 6.- The Postal Quality Control Center attached to the General Department of Post and Telecommunications is the main agency for the control of quality of post and telecommunications services and networks in the whole country.

The regional Post Department and the Office of the General Department of Post and Telecommunication (Region I Post Management Section) has the responsibility to coordinate with the Post Quality Control Center in guiding and inspecting the observance of the regulations on quality control of the post and telecommunications services and networks in the areas under their management.

Article 7.- The enterprises licensed by the General Department of Post and Telecommunications to set up networks or services in the "List of post and telecommunications services and networks subject to compulsory quality control" mentioned in Article 4 shall have to register the quality of services and networks, observe the regimes of reporting, and are subject to the control and inspection by the General Department of Post and Telecommunications as stipulated in this document.

Article 8.- The owners of chargeable intranets, post and telecommunication agents shall come under the control and inspection by the General Department of Post and Telecommunications as stipulated in this document and shall have to report on the quality when requested.

II. REGISTRATION OF QUALITY OF POST AND TELECOMMUNICATIONS SERVICES AND NETWORKS

Article 9.- The registration of quality of services and networks is the commitment of the enterprises to ensure the quality norms of the services and networks supplied by them to the users.

Article 10.- The forms of registration of service and network quality include:

1. Compulsory quality registration is the commitment of the enterprise to guarantee quality of the services and networks on the "List of post and telecommunications services and networks subject to compulsory quality control".

2. Voluntary quality registration is the voluntary commitment of the enterprise to guarantee the quality of the services or networks not on the "List of post and telecommunications services and networks subject to compulsory quality control".

Article 11.- The Postal Quality Control Center shall issue the "Certificate of quality registration for post and telecommunications services and networks" (hereafter called quality registration certificate for short) on the basis of :

1. The branch standards promulgated by the General Department of Post and Telecommunications.

2. The international standards and the Vietnamese standards announced by the General Department for compulsory application.

3. Other standards which are not contrary to those mentioned in Clauses 1 and 2 of this Article, of which voluntary application is registered by the enterprises.

The quality registration certificate is valid for a given period depending on each type of post and telecommunication service and network. The term is stated in the quality registration certificate.

Article 12.- The enterprises which are issued the quality registration certificate shall have to pay a quality control fee prescribed by the Ministry of Finance.

Article 13.- Procedures of registering quality of services and networks:

1. The dossier of registration of quality of service and networks includes:

a/ Application for quality registration;

b/ Permit to establish networks provide services;

c/ List of quality norms and registration terms.

2. The dossier shall be received at one of the following addresses:

- Postal Quality Control Center, 18 Nguyen Du, Hanoi.

- Office of the General Department (Postal Management Section, Region I), 18 Nguyen Du, Hanoi.

- Post Department Region II, 27 Nguyen Binh Khiem, District 1, Ho Chi Minh City.

- Post Department Region III, 42 Tran Quoc Toan, Da Nang city.

3. Time limit for settlement:

Within 15 workdays after receipt of complete and valid dossier, the Postal Quality Control Center shall issue the quality registration certificate. In case of refusal of issuance due to the non-conformity of the registration norms to the compulsory standards, the Postal Quality Control Center shall have to inform such in writing to the enterprise.

Article 14.- The certificate shall be no longer valid in the following cases:

1. The real time has exceeded the time limit written on the quality registration certificate.

2. The General Department of Post and Telecommunications announces the abolition of the validity of the quality registration certificate because the registered service or network does not assure the quality as registered.

Article 15.- The enterprise shall have to re-register the quality of the services and networks in the following cases:

1. It is not issued with the quality registration certificate as stipulated in Clause 3, Article 13 of this document:

2. The quality registration certificate is no longer valid as stipulated in Article 14 of this document;

3. The enterprise has changed its quality norms and commitments.

The procedure for re-registration shall comply with Article 13 of this Regulation.

Article 16.- Within 15 days after being issued with the quality registration certificate, the enterprise must publicly announce the quality norms it has registered.

III. REPORTING ON THE QUALITY OF POST AND TELECOMMUNICATIONS SERVICES AND NETWORKS

Article 17.- The report on the quality of the services and networks shall be done by the enterprises, owners of chargeable intranets and post and telecommunications agents on the actual state of the quality of the services and networks supplied by them according to the regulations and requirements of the General Department of Post and Telecommunications.

Article 18.- The regimes of reporting on the quality of the services and networks include:

1. Periodical reports: Quarterly, the enterprises having registered for service and network quality shall have to report to the General Department of Post and Telecommunications on the quality of the services and networks supplied by them;

2. Irregular reports: Basing itself on the actual situation and the case-by-case basis, the General Department of Post and Telecommunications may request the enterprises, owners of chargeable intranets, and post and telecommunications agents to make irregular reports.

Article 19.- The addresses of reception of reports are the same as specified in Clause 2, Article 13.

Article 20.- The enterprises, the owners of chargeable intranets, the post and telecommunications agents shall have to report fully the contents as prescribed by the General Department of Post and Telecommunications and take responsibility for the accuracy of these contents.

IV. INSPECTION OF QUALITY OF POST AND TELECOMMUNICATIONS SERVICES AND NETWORKS

Article 21.- The inspection of the quality of services and networks is based on the quality norms that the enterprises have registered and the standards stipulated in Article 11 of this document.

Article 22. The regime of quality inspection of services and networks include:

1. Inspection according to the annual plan of the General Department of Post and Telecommunications.

2. Unnotified inspection at the request of the General Director of Post and Telecommunications

At least seven days before unnotified inspection, the Postal Quality Control Center shall have to send a written notice to the enterprise or the owner of chargeable intranet or the post and telecommunications agent on the time when the inspection shall begin and the plan of inspection.

Article 23.- In the course of inspection, the enterprises, the owners of chargeable intranets and the post and telecommunication agents shall have to supply fully the dossiers and documents to the inspection agency and take responsibility for the contents supplied by them, at the same time to create favorable conditions for the speedy and effective inspection.

The measurements and tests in service of the quality control shall be carried out under the supervision of the Postal Quality Control Center.

Article 24.- In case the enterprise does not have the capabilities to conduct the measurements, the Postal Quality Control Center shall conduct the measurements or ask a measurement agency appointed by the General Department of Post and Telecommunications to join in the measurement of the quality of the services and networks of the enterprise. The enterprise subject to the measurement shall have to pay the measurement expenses as agreed with the units conducting the measurements and supply free of charge the service charge, the network catering for the measurement and testing of the quality.

Article 25.- The enterprise mentioned in Article 23 and the measurement agency mentioned in Article 24 shall be responsible for the accuracy of the results of the measurements announced by them.

Article 26.- Within 15 days after the inspection result is known, the Postal Quality Control Center shall have to inform the enterprise, the chargeable intranet owner, and the post and telecommunications agent of the result of the measurements.

V. INSPECTION AND HANDLING OF VIOLATIONS

Article 27.- The Inspectorate of the General Department Post and Telecommunications shall coordinate with the Postal Quality Control Center, the Office of the General Department (the Post Management Section, Region I) and the Regional Post Departments in inspecting the observance of the regulations on the control of the service and network quality as prescribed by law.

Article 28.- The inspected enterprises and owners of chargeable intranets and the post and telecommunications agents shall have to supply and take responsibility for the accuracy of the necessary dossiers, documents and information related to the inspected contents in order to create favorable conditions for the inspection.

Article 29.- The violations of the regulations on control of quality of services and networks shall be handled according to Decree No.79/CP of June 19, 1997 of the Government stipulating sanctions against administrative violations in the field of State management of post and telecommunications and radio frequencies.

General Director of
Post and Telecommunications
MAI LIEM TRUC