Circular No. 01/2005/TT-BBCVT guiding the issuance of business licenses for postal service delivery services and registration as agents for foreign postal organizations

CIRCULAR

Guidelines for issuing business licenses for postal service delivery services and registering as agents for foreign postal organizations

and registering as agents for foreign postal organizations

- Based on the Telecommunications Law dated May 25, 2002;

- Based on Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

- Based on Decree No. 157/2004/NĐ-CP dated August 18, 2004 of the Government detailing the implementation of certain provisions of the Telecommunications Law concerning postal services;

The Ministry of Posts and Telecommunications hereby provides detailed guidelines for issuing business licenses for postal service delivery services and registering as agents for foreign postal organizations as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circular details certain aspects of Decree No. 157/2004/NĐ-CP dated August 18, 2004 of the Government detailing the implementation of certain provisions of the Telecommunications Law concerning postal services (hereinafter referred to as the Decree) related to issuing business licenses for postal service delivery services (hereinafter referred to as the license) and registering as agents for foreign postal organizations (hereinafter referred to as the agent).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

2.1 Subjects eligible for consideration for issuance of the license:

a) Enterprises belonging to various economic sectors, except those with foreign capital, wishing to operate domestic postal service delivery services and meeting the conditions specified in Clause 2, Article 21 of the Decree.

b) Enterprises belonging to various economic sectors, except those with 100% foreign capital, wishing to operate international postal service delivery services and meeting the conditions specified in Clause 3, Article 21 of the Decree.

c) Enterprises currently providing postal services in accordance with Clause 1, Article 40 of the Decree.

d) Enterprises currently providing services in accordance with Clause 2, Article 40 of the Decree, except enterprises operating under the Law on Foreign Investment in Vietnam.

2.2 Subjects eligible for registration as agents include: Vietnam Post, enterprises licensed to operate international postal service delivery services, and enterprises registered as agents before the Decree took effect.

3. Responsibilities of the entity submitting applications for issuance of the license and registration as an agent

Organizations or individuals named in the application for issuance of the license or registration as an agent must be responsible for the accuracy and legality of all documents in the relevant application.

4. Issued licenses and cases of registration as agents will be published on the Ministry of Posts and Telecommunications' electronic information website (website address http://www.mpt.gov.vn).

II. ISSUANCE OF BUSINESS LICENSES FOR POSTAL SERVICE DELIVERY SERVICES

1. Postal service delivery activities conducted by individuals based on mutual agreement with senders and not receiving remuneration for up to a maximum of 50 letters in a single delivery do not require a license.

2. The scope of domestic postal service delivery services as defined in Clause 2, Article 21 of the Decree refers to the organization's acceptance of sending, transferring, and delivering letters within the territory of a province or centrally governed city (hereinafter referred to as province or city) or across provinces or cities or throughout the entire territory of the Socialist Republic of Vietnam.

3. The scope of international postal service delivery services as defined in Clause 3, Article 21 of the Decree refers to the organization's acceptance of sending letters within the territory of the Socialist Republic of Vietnam for transfer and delivery abroad or accepting letters from abroad for delivery in Vietnam or both directions.

4. For the condition specified at point c) Clause 2, Article 21 of the Decree or point c) Clause 3, Article 21 of the Decree, if the enterprise has not yet met this condition, it must undergo a service trial as prescribed.

5. Application materials and procedures for issuing the license (including reissuing a new license after the expiration of the old one)

5.1 Application materials for requesting issuance of the license

a) Application materials for requesting issuance of the license include the following documents:

- An application form for issuance of the license according to the model provided in Appendix 1 of this Circular;

- A certified copy of the Business Registration Certificate;

- The company's charter and operational regulations (if applicable);

- A service provision plan including the following main contents:

+ Types of services planned to be provided;

+ The area where services are planned to be provided;

+ Organizational structure and management system for service operations; contact phone numbers of headquarters and local branches (if any);

+ Economic and social benefits of service provision;

+ Service operation procedures;

+ Measures to ensure safety and security of information.

- Service quality standards; tariff schedule; sample contracts for provision and use of services or receipts, waybills;

- Regulations on principles and levels of compensation;

- Documents proving the enterprise's experience;

- Agreements with foreign partners for delivering letters abroad, receiving letters from abroad for delivery in Vietnam (for applications requesting issuance of a license for international postal service delivery services).

b) Application materials for requesting issuance of a trial license include the documents as specified above in point a).

c) Application materials for requesting issuance of a license after the trial period include the following documents:

- An application form for issuance of the license.

- A report on the results of the trial (business situation, service quality, safety and security of information assurance, and financial results).

d) Application materials for issuance of the license as stipulated in points a), b), and c) of Clause 5.1 hereof must be prepared in four sets, of which one set is the original and three sets are copies.

5.2 Location for receiving application materials for issuance of the license: Ministry of Posts and Telecommunications, 18 Nguyen Du Street, Hanoi.

5.3 Procedures for issuing the license

The Ministry of Posts and Telecommunications reviews the application materials for issuance of the license or acts as the focal point to collect the review opinions of relevant state management agencies regarding these application materials.

a) Checking the validity of the application materials for issuance of the license:

- The validity of the application is determined through:

+ The number of sets of application materials required to be submitted and the documents required in each set according to the regulations;

+ Completeness of the content filled out and consistency among the documents in the application materials for issuance of the license;

In case the application materials do not meet the requirements, within twenty days from the date of receipt of the application materials, the Ministry of Posts and Telecommunications shall notify the enterprise in writing according to the model provided in Appendix 2 of this Circular about the contents that need to be supplemented, amended, and instructions to complete the application materials in accordance with the regulations.

b) Reviewing the application materials for issuance of the license

- Review legal status through:

+ Business registration certificate;

+ Corporate charter and operational regulations of the enterprise.

- Review the degree of suitability for economic and social benefits through:

+ The degree of conformity of the proposal with the planning, orientation, and strategy for the development of postal markets;

+ The economic and social benefits that the enterprise can bring (employment creation capacity, contribution to the State, and other benefits).

- Audit actual measures to ensure network security and information security.

+ Audit actual service operation procedures (if necessary).

c) Issue license

- Within sixty days from the date of receipt of a valid application file, the Ministry of Posts and Telecommunications shall be responsible for reviewing the file and issuing the license according to the model prescribed in Appendix 3 of this Circular. In case of refusal to issue the license, the Ministry of Posts and Telecommunications shall notify the enterprise in writing of the reasons.

- The validity period of the license is determined based on the scale and scope of service provision and the enterprise's request, but not exceeding ten years at maximum. For trial cases, the license has a maximum validity period of one year.

5.4. Issuance of new licenses after expiration of old licenses

a) Six months before the expiration of the license, enterprises wishing to continue providing postal services must submit an application file for a new license to the Ministry of Posts and Telecommunications.

b) The application file for a new license includes:

- Application form for a new license;

- Business results report;

- Service supply plan for the next phase;

- Copy of the currently valid license and related documents.

c) The application file for a new license is prepared in four sets, one original set and three copies.

d) The procedure for issuing a new license is carried out according to the provisions of point 5.3 Section II of this Circular, but the resolution time does not exceed thirty days from the date of receipt of a valid file.

5.5. Reissue of postal service business licenses

a) Reissue of license in case of loss of license

- When losing the license, the enterprise must report to the nearest police agency, send a notice to the Ministry of Posts and Telecommunications, and announce it in mass media three consecutive times.

- Thirty days after the public announcement, if the enterprise cannot find the lost license, the enterprise submits one set of application files to the Ministry of Posts and Telecommunications to reissue the license. The file includes:

+ Application form for reissuing the license;

+ Confirmation from the police agency regarding the declaration of loss of the license;

b) Reissue of postal service business license in case of damage to the license.

In case of damage to the license, the enterprise submits one set of application files to the Ministry of Posts and Telecommunications to reissue the license. The file includes:

+ Application form for reissuing the license;

+ Original damaged license.

c) Within ten days from the date of receipt of a valid file, the Ministry of Posts and Telecommunications will reissue the license for the enterprise according to the model prescribed in Appendix 3 of this Circular. The number of the reissued license is the same as the lost or damaged license. On the reissued license, clearly state the reissue and the reissue date.

6. Amendment and supplementation of licenses

6.1. Enterprises must submit an application file for amending and supplementing the license as stipulated in Article 24 Point 1 of the Decree when they wish to amend or supplement one of the following contents:

a) Enterprise name;

b) Scope of service provision.

6.2. The application file for amending and supplementing the license is prepared in four sets, one original and three copies.

6.3. The procedure for amending and supplementing the license is carried out according to the provisions of Article 5.3 Section II of this Circular, but the resolution time does not exceed thirty days from the date of receipt of a valid file.

6.4. Any changes related to the application file for obtaining the license of the enterprise (head of the enterprise: name, address, and contact phone number; service quality indicators; price, service fees; service supply and usage contracts; regulations related to compensation for damages and other changes) must be notified in writing to the Ministry of Posts and Telecommunications seven days before the effective date of such changes.

7. Revocation of licenses

7.1. The Ministry of Posts and Telecommunications revokes issued licenses in cases stipulated in Article 25 Point 1 of the Decree according to the model prescribed in Appendix 4 of this Circular.

7.2. From the date the decision to revoke the license becomes effective, the enterprise must terminate the signing of service supply and usage contracts for postal services. Within thirty days from the date the decision to revoke the license becomes effective, the enterprise must settle all outstanding contracts agreed with customers.

III. REGISTRATION AS A DISTRIBUTION AGENT FOR FOREIGN POSTAL ORGANIZATIONS

1. The distribution service contract for foreign postal organizations becomes effective after confirmation by the Ministry of Posts and Telecommunications regarding the agent registration.

2. Agent Registration

2.1. The agent registration file is prepared in one set and includes the following documents:

a) An application form for registering as a distribution agent for foreign postal organizations, prepared in two copies according to the model prescribed in Appendix 5 of this Circular;

b) Copy of the international postal service business license (for domestic enterprises) or certified copy of the investment license (for foreign-invested enterprises) of the enterprise acting as the agent;

c) Documents proving the legal status of the foreign postal organization;

d) Agency agreement;

đ) Sample service supply and usage contracts and related documents;

e) Tariff table and service quality standards; principles and levels of compensation.

2.2. Agent registration procedure

2.2. Procedure for registering as an agent

a) The Post and Telecommunications Ministry shall examine the validity of the application file through the required documents in the file as prescribed, the completeness of the content declared, the consistency among the documents in the file, and assess the legal status of the relevant parties through the business license for international mail delivery services (for domestic enterprises) or the investment permit (for foreign-invested enterprises) of the enterprise wishing to become an agent, and proof of the legal entity status of foreign postal organizations.

In case the application file does not comply with the regulations, within five days from the date of receipt of the file, the Post and Telecommunications Ministry shall notify the enterprise in writing according to the model specified in Appendix 2 of this Circular about the contents that need to be supplemented, amended, and guide to complete the file in accordance with the regulations.

Within ten days from the date of receipt of a valid registration application to become an agent, the Post and Telecommunications Ministry shall record in the tracking book, confirm the agency registration on the enterprise's request form, and return one copy to the enterprise via the fastest means.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette. Previous provisions contrary to this Circular are hereby abolished.

2. During implementation, if there are any difficulties, they should be promptly reported to the Post and Telecommunications Ministry for consideration and resolution./.