Advanced Search

Telecommunications Users Complaints Approach

Original Language Title: 电信用户申诉处理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
General Provisions Article 1 In order to protect the legitimate rights and interests of telecommunications users, user complaints handling behavior norms, and in accordance with other relevant laws and administrative regulations "People's Republic of China Telecommunications Regulations" formulated.

Second approach for handling disputes between users of telecommunications services in the receiving process going on with telecom operators.

Third term of the Telecommunications Regulatory Authority, refers to the Ministry of Industry and Information Technology, or provinces, autonomous regions and municipalities Communications Authority.

The term complaint acceptance authority, refers to the Ministry of Information Industry and telecommunications users complaints handling center and the provinces, autonomous regions, municipalities, telecommunications user complaints accepting institution.

The term complainant refers to the use of telecommunications services, telecommunications services accepted in disputes with telecommunications operators and to the organization handling complaints of telecommunications users complaints.

The term respondents, is the result of a dispute with the declaration of user is the user telecom operators.

Article Ministry of Information Industry and telecommunications users nationwide appeal process work supervision and guidance. Ministry of Information Industry and telecommunications users complaints received by the center commissioned by the Ministry of Industry and Information, according to the present approach to their national telecommunications users complaints admissible work.

Provinces, autonomous regions and municipalities Communications Authority may establish the admissibility of telecommunications users complaints mechanism according to local conditions. Telecommunications users complaints accepting institution entrusted provinces, autonomous regions and municipalities Communications Authority by and under the supervision and guidance, according to the way to carry out the administrative work of telecommunications users complaints admissible.

Article complaint process it based on the facts and law as the yardstick, adhere to fair, reasonable and legal principles.

Article complaints accepting institution conciliation system and complaints of telecommunications users, and may issue a mediation.

Article complaints accepting institution receiving the quarterly statistical reports submitted to the same level of user complaints Telecommunications Regulatory Authority.



Chapter II accepted Article VIII of the telecommunications business operators should carefully handle user complaints and user received a complaint within 15 days from the date of reply to the user. Users of the results are not satisfied with telecommunications operators or telecommunications operators after receiving complaints not reply within 15 days, the complainant may appeal to the appellate body.

IX complainant should provinces, autonomous regions, municipalities directly under the agency receiving the complaint appeal to the respondent resides. Beishensuren province, autonomous region or municipality does not have a mechanism of receiving the complaint, the complainant may appeal the complaint handling center to the Ministry of Information Industry and telecommunications users.

Article X user complaints shall meet the following conditions:

(a) The complainant is a direct interest in the matter and the complainant party;

(b) clear Respondent;

(c) specific requests and complaints based on facts;

(iv) has complained to the respondents are not satisfied with their treatment and its results or not within 15 days reply.

Article XI receiving complaints mechanism for any of the following situations and complaints inadmissible: When

(a) from the time the complaint is filed appeals and complaints are charged in disputes occur over five months, the other complaints, from time to appeal the appeal to an event occurring more than two years;

(ii) the claimant and the respondent have reached a settlement agreement and implemented;

(c) the complaint acceptance authority has accepted or processed;

(iv) the people's court, arbitration institutions, consumer organizations or other administrative departments have already accepted or processed;

(e) does not comply with the provisions of Article 10 complaint conditions;

(vi) national laws, administrative regulations and departmental rules and regulations as otherwise provided.

Article XII of the complaint in writing. The complaint should include the following materials:

(a) the complainant's name, address, telephone number, zip code;

(b) the respondent's name, address;
| || (c) complaint, citing the fact that according to;

(iv) the date of the complaint.

Article XIII user complaints accepting institution receiving the complaint, it should ask the user whether the complaint raised on appeal matters to the telecom operators, telecom operators will be dealt with whether or reply.

For users without complaint telecommunications operators processing complaints accepting institution shall inform the user Xianxiang telecommunications operators complaints.

Consulting for user complaints about telecommunications policy, complaints accepting institution shall be made to answer to the user.

Article XIV complaints accepting institution shall from the date of the complaint material five working days to accept or not accept the decision and notify the complainant of receipt. For the inadmissible complaint should be informed of the reasons for inadmissibility.



Chapter apply Article XV for the user decides to accept the complaint, the complaint acceptance authority shall, within two working days after receiving the complaint the user and the user turn to do the complaint notice send respondent.

Turn to do the complaint acceptance authority notice shall specify the name and contact information, the complainant's name and contact information of the complainant's appeal request summary, the complainant organization handling the complaint handling requirements.

Article 16 receiving complaints handling mechanism requires reply comments, after respondent received notice of a transfer to, shall, within 10 days of the factual circumstances and the results or matters of opinion and the complainant's appeal on the matter the results of opinion (satisfaction) feedback to the complaint acceptance authority.

Article XVII complaints accepting institution shall, within 30 days of receipt of the complaint all materials respond to the complainant, the complainant informed the handling of the complainant.

For complaint, the complainant and the complainant organization handling the Respondent negotiated settlement can be used for process gone through.

For the Respondent failed to negotiate a settlement with the complainant's appeal, the application of any party, the complainant after receiving consent of the other institutions should mediate.



Chapter IV Conciliation Article XVIII for the following cases are civil disputes, complaints accepting institution can organize parties for mediation:

(a) the claimant and Respondent has been consulted on the matter of the complaint, but failed reconciliation;

(ii) the complainant, respondent agreed by the agency receiving the complaint mediation;

(c) other circumstances prescribed by the Ministry of industry and information technology of.

Article XIX complaints accepting institution shall parties agree to mediation within 30 days of the completion date of the mediation. Mediation agreement is deemed settles; mediation fails, the mediator shall terminate and inform the complainant, regarded gone through. Mediation agreement, request of either party, the complaint acceptance authority shall make a mediation.

Diershitiao complaint acceptance authority mediation fails, the parties to the dispute in accordance with relevant state laws and regulations can apply for arbitration to appeal the matter to the arbitration institution or the people's court proceedings.



Twenty-fifth chapter surveys a complaint acceptance authority can understand the situation to the complainants and respondents by telephone, fax, letters, etc. as well as field surveys, requesting information on evidence; receiving complaints mechanism according to relevant laws, administrative regulations and departmental rules and regulations, or to gather evidence to bring the concerned parties to investigate. Investigators

Article 22 complaints accepting institution is entitled to exercise the following rights:

(a) ask the parties and associated personnel;

(ii) to require units and individuals to provide written materials and certification;

(iii) requires parties to provide relevant technical materials;

(d) consult and copy relevant documents.

Article 23 The investigation should be conducted jointly by two staff members, should produce valid documents and pertinent evidence the investigation, and shall make a record of investigation. Investigators on matters involving private parties, business secrets and other confidential obligation.

Article 24 investigation must truthfully answer the questions of investigators, provide relevant evidence.

Article 25 requires that the organization handling complaints related equipment, systems are tested or certified, approved the same level after the Telecommunications Regulatory Authority, or identified by the designated testing organization for testing and identification. He complained of telecommunications operators shall cooperate.



Chapter VI Supplementary Provisions Article 26 The complaint acceptance authority will accept quarterly statistical reports of user complaints to telecom operators briefing.

Article 27 for telecommunications users and the public telecommunications agency points of dispute, telecommunications users may complain to the commission agents of telecommunications operators; telecommunication users and for hotels, restaurants and other telecommunications business agent point of controversy Telecom users can appeal directly to the admissibility of the complaint mechanism.

Article 28 These Measures shall go into effect July 30, 2016. "Interim Procedures for handling complaints of telecommunications users," Ministry of Information Industry January 11, 2001 published (former Ministry of Information Industry Order No. 7) shall be repealed simultaneously.