Joint Circular No. 01/2006/TTLT/BCA-BBCVT guiding the opening and inspection of letters, postal items, parcels, packages, and goods sent through public postal networks and express delivery networks to detect drug-related crimes.

JOINT CIRCULAR

Guidelines for opening and inspecting letters, parcels, packages, consignments, and goods sent through public postal networks and delivery networks to detect drug-related crimes

Pursuant to the Law on Prevention and Control of Narcotics dated December 9, 2000;

Pursuant to the Ordinance on Posts and Telecommunications dated May 25, 2002;

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Pursuant to Decree No. 99/2002/NĐ-CP dated November 27, 2002 of the Government stipulating conditions, procedures, authorities, and responsibilities of specialized agencies in preventing and combating drug-related crimes under the People's Public Security;

Pursuant to Decree No. 157/2004/NĐ-CP dated August 18, 2004 of the Government detailing implementation of certain provisions of the Ordinance on Posts and Telecommunications regarding postal services;

Pursuant to Decision No. 190/2004/QĐ-TTg dated November 8, 2004 of the Prime Minister on managing express delivery services;

The Ministry of Public Security and the Ministry of Posts and Telecommunications hereby jointly issue guidelines for opening and inspecting letters, parcels, packages, consignments, and goods sent within the country, from Vietnam to foreign countries, or from foreign countries to Vietnam through public postal networks and delivery networks to detect drug-related crimes as follows:

I. GENERAL PROVISIONS:

This Circular provides specific guidelines for opening and inspecting letters, parcels, packages, consignments, and goods sent domestically, from Vietnam to foreign countries, or from foreign countries to Vietnam through public postal networks and delivery networks to detect drug-related crimes.

2. Principles for Opening and Inspection

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

2.1. The opening and inspection of letters, parcels, packages, consignments, and goods must be based on grounds, follow the prescribed procedures, formalities, and authorities as set forth in this Circular.

2.2. It is strictly prohibited to abuse the opening and inspection of letters, parcels, packages, consignments, and goods to infringe upon the lawful rights and interests of individuals, agencies, and organizations.

2.3. It is strictly prohibited to disclose the time, location, and content of letters, parcels, packages, consignments, and goods before, during, and after opening and inspection.

2.4. Any person who violates the provisions set out in Points 2.1, 2.2, and 2.3 above or obstructs the opening and inspection of letters, parcels, packages, consignments, and goods shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and degree of violation; if damage is caused, compensation must be provided according to the law.

3. Responsibilities for Coordination

3.1. The specialized agency in preventing and combating drug-related crimes under the People's Public Security (hereinafter referred to as the specialized police agency) has the responsibility to closely coordinate with enterprises in the opening and inspection of letters, parcels, packages, consignments, and goods so as not to affect the quality of enterprise services.

3.2. Enterprises have the responsibility to closely coordinate with the specialized police agency in the opening and inspection of letters, parcels, packages, consignments, and goods.

4. In this Circular, the following terms are understood as follows:

4.1. Postal items refer to parcels and packages sent through public postal networks.

4.2. Sent goods refer to letters, consignments, and packages sent through delivery networks.

4.3. Post office refers to the operating, exploiting, and providing service facilities of Vietnam Post. A post office includes central hubs, agents, kiosks, and village cultural-post offices.

4.4. Originating post office refers to the post office that receives postal items from the sender to deliver to the recipient.

4.5. Delivery post office refers to the post office that performs the delivery of postal items to the recipient.

4.6. Public postal network consists of central hubs, originating post offices, delivery post offices, service points, and public mailboxes connected by transportation and delivery routes.

4.7. Transaction facility refers to the operating, exploiting, and providing service facilities of express delivery enterprises.

4.8. Originating transaction facility refers to the transaction facility that receives sent goods from the sender to deliver to the recipient.

4.9. Delivery transaction facility refers to the transaction facility that performs the delivery of sent goods to the recipient.

4.10. Delivery network established and managed by enterprises of all economic sectors to provide express delivery services for letters, consignments, and packages in accordance with laws on posts and telecommunications and other relevant laws on cargo transportation.

4.11. Specialized police agency includes:

a) The Department of Criminal Investigation of Narcotics of the Ministry of Public Security.

b) The Division of Criminal Investigation of Narcotics or another division performing the function of investigating narcotics-related crimes (in places where the Division of Criminal Investigation of Narcotics has not been established) under the provincial-level public security organs (hereinafter referred to as provincial-level public security organs).

c) The Team of Criminal Investigation of Narcotics or another team performing the function of investigating narcotics-related crimes (in places where the Team of Criminal Investigation of Narcotics has not been established) under the county-level public security organs (hereinafter referred to as county-level public security organs).

II. BASIS, AUTHORITY, AND DECISION TO OPEN AND INSPECT POSTAL ITEMS AND SENT GOODS

1. Basis for issuing decisions to open and inspect postal items and sent goods

Decisions to open and inspect postal items and sent goods can only be made when there is one of the following pieces of information or documents indicating that narcotics, precursor chemicals, addictive substances, or psychotropic drugs are contained in the postal items or sent goods:

1.1. Documents discovered through investigations of narcotics cases and other cases.

1.2. Information and documents obtained from the activities of enterprises providing services.

1.3. Reports and accusations of narcotics-related crimes.

2. Authority to issue decisions to open and inspect postal items and sent goods

2.1. The Director and Deputy Directors of the Department of Criminal Investigation of Narcotics of the Ministry of Public Security.

2.2. The Heads and Deputy Heads of the Divisions of Criminal Investigation of Narcotics or other divisions performing the function of investigating narcotics-related crimes (in places where the Division of Criminal Investigation of Narcotics has not been established) under provincial-level public security organs.

2.3. The Heads and Deputy Heads of county-level public security organs responsible for criminal investigation.

3. Decisions to open and inspect postal items and sent goods

3.1. The opening and inspection of postal items and sent goods can only be carried out when there is a written decision by the authorized person specified in Section 2 of Part II of this Circular.

3.2. The content of the decision follows Model No. 01 issued together with this Circular.

4. Suspension of circulation of postal items and sent goods to issue decisions to open and inspect

3.2. The content of the decision according to Model No. 01 issued together with this Circular.

4. Suspend the circulation of mail and consignments for the purpose of issuing a decision to open and inspect.

4.1. In case of urgency to detect and promptly prevent the consequences and harm that may arise from drug-related crimes, officers assigned tasks by specialized police agencies (hereinafter referred to as officers of specialized police agencies) have the right to request enterprises to temporarily suspend the circulation of mail and consignments. The request for temporarily suspending the circulation of mail and consignments shall be recorded in two copies according to Model No. 02 issued together with this Circular; one copy shall be kept by the specialized police agency, and the other copy shall be handed over to the enterprise for safekeeping.

4.2. When an enterprise suspects or discovers drugs, precursor chemicals, addictive substances, or psychotropic substances in the mail or consignment, it must temporarily suspend the circulation of such mail or consignment and immediately report to the specialized police agency or the nearest police agency.

4.3. Within the latest period of 48 hours from the time of temporarily suspending the circulation of mail and consignments, those persons authorized under Section 2, Part II of this Circular must issue a decision to open and inspect the mail and consignment. If there is no decision from the specialized police agency beyond this time limit, the enterprise is allowed to continue circulating the mail and consignment.

III. PROCEDURES AND FORMALITIES FOR OPENING AND INSPECTING MAIL AND CONSIGNMENTS

1. Opening Mail and Consignments

Upon receiving a decision to open and inspect mail and consignments, the enterprise must immediately assign at least two employees to carry out the opening of mail and consignments in the presence of an officer of the specialized police agency. In cases where the mail or consignment consists of multiple packages, only the packages requested by the officer of the specialized police agency shall be opened.

2. Inspecting Mail and Consignments

The inspection of mail and consignments must be conducted by at least two officers of the specialized police agency in the presence of an employee of the enterprise.

3. Location for Opening and Inspecting Mail and Consignments

3.1. The opening and inspection of mail and consignments can only be carried out at the original post office, dispatch post office, original transaction facility, or dispatch transaction facility.

3.2. In urgent cases requiring the interception of mail and consignments containing drugs, precursor chemicals, addictive substances, or psychotropic substances during transportation, the opening and inspection of mail shall be carried out at the nearest post office. The opening and inspection of consignments shall be carried out at the transaction facility or the headquarters of the police agency, or the headquarters of the People's Committee at the commune, ward, town level (hereinafter referred to as commune level) nearest to the location.

4. Witnessing the Opening and Inspection of Mail and Consignments

In addition to the persons mentioned in Sections 1 and 2 of Part III of this Circular, the opening and inspection of mail and consignments must also be witnessed by one of the following persons mentioned in Points 4.1 or 4.2 below:

4.1. In cases where the opening and inspection take place at the original post office, dispatch post office, nearest post office, original transaction facility, dispatch transaction facility, or nearest transaction facility:

a) The head of the post office or a person authorized by the head of the post office.

b) The head of the transaction facility or a person authorized by the head of the transaction facility.

c) The head of the enterprise or a person authorized by the head of the enterprise.

4.2. In cases where the opening and inspection take place at the headquarters of the police agency or the headquarters of the People's Committee at the commune level nearest to the location: a representative of the police agency or a representative of the People's Committee at the commune level where the consignment is being inspected.

5. Record of Opening and Inspecting Mail and Consignments

5.1. The opening and inspection of mail and consignments must be recorded in a record. The content of the record follows Model No. 03 issued together with this Circular.

5.2. Procedures for recording and signing the record:

a) In cases where the persons conducting the opening, inspection, and witnessing agree on the content of the record, they shall sign the record and affix their signatures on each page. If there is disagreement about the content of the record, the person with the dissenting opinion must record their own opinion in the record, sign it, and clearly write their name.

b) The record of opening and inspecting shall be made in three copies, with the specialized police agency keeping one copy, the enterprise keeping one copy, and the enterprise notifying the sender or recipient of the third copy if such notification does not hinder the investigation and with the written consent of the specialized police agency. In cases where notification is not made, the enterprise is responsible for keeping the record.

6. Handling After Opening and Inspection

6.1. Handling Suspected Substances of Drugs, Precursor Chemicals, Addictive Substances, or Psychotropic Substances.

a) After opening and inspecting the mail and consignment, if suspected substances of drugs, precursor chemicals, addictive substances, or psychotropic substances are discovered, the enterprise staff must separate these substances from other items in the mail and consignment, and the officer of the specialized police agency must take samples for testing. The sampling for testing must be recorded in the record of opening and inspecting mail and consignment, specifying the characteristics, quantity, and weight of the sample taken for testing.

b) Enterprise staff are responsible for packaging, sealing, and preserving the suspected substances of drugs, precursor chemicals, addictive substances, or psychotropic substances. The seal must bear the full signature and name of the persons conducting and witnessing the opening and inspection of mail and consignment.

c) Suspected substances of drugs, precursor chemicals, addictive substances, or psychotropic substances must be temporarily suspended from circulation until a testing conclusion is reached. The maximum testing period is seven working days from the date of sampling. In special cases requiring an extension of the above period, the Director General, Deputy Director General of the National Police Agency, or the Director, Deputy Director of the provincial police agency must send a written notice to the Director of the Provincial Post Office, the Director of the Regional Postal Center, or the head of the enterprise handling delivery.

d) If the testing conclusion identifies the substance as a drug, precursor chemical, addictive substance, or psychotropic substance, the authorized persons mentioned in Section 2, Part II of this Circular must issue a decision to seize or temporarily detain according to Model No. 04 issued together with this Circular.

đ) If the testing conclusion identifies the substance as not being a drug, precursor chemical, addictive substance, or psychotropic substance, the authorized persons mentioned in Section 2, Part II of this Circular must immediately notify the enterprise in writing to allow the continued circulation of the substance.

6.2. Handling Other Items in Mail and Consignments:

a) Other items in the postal consignment or consignment goods that do not fall under the category of items to be seized or temporarily detained shall be packaged, wrapped, and ensured to maintain their quantity and condition intact by the enterprise, and continue to circulate, except for the cases specified in point c of this sub-section.

b) If circulating such items impedes the investigation of the case, the persons with authority mentioned in points 2.1 and 2.2, Section 2, Part II of this Circular have the right to issue a document requesting the enterprise to temporarily suspend circulation. The period of suspension of circulation of postal consignments or consignment goods shall not exceed seven working days from the date of issuance of the request document.

In special cases where it is necessary to extend the period of suspension of circulation of postal consignments or consignment goods to maintain the secrecy of the case, the Director General of the National Police Bureau or the Provincial Public Security Director shall issue a document to the Provincial Post Director or the Regional Postal Center Director or the head of the delivery enterprise.

c) In the event that items or documents are found to be evidence of a case, related to another crime, or prohibited from storage or circulation, the persons with authority mentioned in Section 2, Part II of this Circular shall issue a decision to seize or temporarily detain according to Model No. 04 issued together with this Circular. The staff assigned the task by the specialized public security agency shall carry out the seizure or temporary detention and transfer to the competent authority for handling in accordance with the law.

6.3. Procedures for Seizure and Temporary Detention

a) The execution of the decision to seize or temporarily detain shall be carried out by the staff of the specialized public security agency and the enterprise's employees, and must be recorded in a protocol according to Model No. 05 issued together with this Circular, and witnessed by one of the persons mentioned in Section 4, Part III of this Circular.

b) In the case where the persons carrying out and witnessing the seizure or temporary detention agree on the contents of the protocol, they shall sign the protocol and confirm each page of the protocol. If there is disagreement regarding the contents of the protocol, the person with the dissenting opinion must record their own opinion in the protocol, sign, and clearly write their name.

c) The seizure or temporary detention protocol shall be made in three copies, the specialized public security agency retains one copy, the enterprise retains one copy, and one copy the enterprise shall notify the sender or recipient if such notification does not impede the investigation and is agreed in writing by the specialized public security agency. In the absence of notification, the enterprise shall be responsible for retaining the protocol.

IV. IMPLEMENTATION

1. Complaints and accusations and the resolution of complaints and accusations related to the opening and inspection of postal consignments or consignment goods to detect drug-related crimes shall be carried out in accordance with the laws on complaint and accusation resolution.

2. The Ministry of Public Security and the Ministry of Posts and Telecommunications shall direct, guide, and inspect subordinate units and relevant enterprises to implement this Circular.

3. During the implementation process, if there are difficulties, the agencies, units, and enterprises are requested to promptly reflect them for the joint ministries to consider, guide, or amend and supplement.

This Circular takes effect fifteen days after its publication in the Official Gazette./.