Joint Circular No. 01/TTLBBĐ-TC on guiding the handling of unclaimed postal items and parcels

JOINT CIRCULAR

Guidelines for Handling Unclaimed Mail Items and Parcels

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Pursuant to Article 10 of the Postal and Telecommunications Regulations issued together with Decree 121/HĐBT dated August 15, 1987 of the Council of Ministers, after consultation with relevant sectors including the General Post Office and the Ministry of Finance, the following guidelines for handling unclaimed mail items and parcels are hereby issued:

I. GENERAL PROVISIONS:

1. The following mail items and parcels shall be considered unclaimed:

- Domestic mail items and parcels sent from within the country to abroad that cannot be delivered to the recipient and returned to the original post office, nor can they be returned to the sender or the person entitled to receive them.

- Imported mail items and parcels that cannot be delivered to the recipient and cannot be returned to the country of origin.

- Mail items and parcels lost during transportation or lacking sufficient address information, where the post office has taken all measures but still cannot deliver them to the recipient, sender, or person entitled to receive them.

2. All unclaimed mail items and parcels (except unclaimed letters) shall be handled by the Unclaimed Mail Items and Parcels Processing Committee at the provincial level (hereinafter referred to as the provincial level committee), which shall be established by the People's Committee of the province upon the proposal of the provincial post director.

3. Unclaimed domestic and exported mail items and parcels shall be processed by the provincial committee where the accepting post office is located.

Unclaimed imported mail items and parcels shall be processed by the provincial committee where the customs inspection post office is located.

4. The provincial post office shall be responsible for storing unclaimed mail items and parcels for presentation to the committee for processing.

The provincial post director may issue a decision to return unclaimed mail items and parcels not yet processed by the committee if the sender, recipient, or person entitled to receive them present valid proof.

II. COMPOSITION AND ACTIVITIES OF THE COMMITTEE:

1. Composition of the committee:

- The Unclaimed Mail Items and Parcels Processing Committee consists of the following members:

+ Provincial Post Director - Chairman

+ A representative of the Department of Finance and Prices - Member

+ A representative of the Department of Commerce - Member

+ A representative of the Customs Service of the province - Member (in provinces with foreign trade or customs inspection post offices when there are unclaimed imported mail items and parcels).

+ A postal affairs specialist - Member and permanent secretary of the provincial post office

In addition to the formal members, the chairman may invite representatives of related departments or experts relevant to the content of the mail items and parcels and some postal affairs specialists of the provincial post office to assist the committee.

The provincial post director shall consult with the Departments of Finance and Prices, Commerce, and Customs to submit a proposal to the People's Committee of the province for the establishment of the committee.

2. Duties and powers of the committee:

- The committee is responsible for opening, inventorying, and processing the entire contents of unclaimed parcels.

- If a mail item or parcel can be returned, it shall be handed over to the post office to process the return to the recipient or the return to the country of origin.

- Process and destroy items and goods that have no value or are harmful.

3. Activities of the committee:

- Depending on the volume of unclaimed mail items and parcels, the chairman of the committee shall determine the meeting time for processing, but at least once every quarter.

The chairman of the committee shall convene and preside over meetings based on the decision of the provincial People's Committee.

- At each meeting, the committee shall prepare minutes according to the model form of the postal sector, signed by all attending members, and send copies to:

- The People's Committee of the province - 1 copy

- The General Post Office - 1 copy

- Each formal member of the committee - 1 copy

- The committee is responsible for fully implementing the regulations stipulated in the Postal and Telecommunications Regulations and the postal sector's rules regarding the handling of unclaimed mail items and parcels.

- The committee operates under the principle of democratic centralism, with the chairman's opinion being the deciding opinion. If any member disagrees, their opinion shall be recorded in the minutes and reported to the provincial People's Committee for final decision.

4. The provincial post office shall ensure all expenses according to the general system during the committee's operation, drawing from the 10% specified in Part IV.

III. HANDLING ITEMS AND GOODS FOUND IN UNCLAIMED MAIL ITEMS AND PARCELS.

1. Items and goods prohibited by the state from circulation shall be handled according to current laws. For items and goods requiring export or import, they shall be handled according to international postal conventions and state laws.

2. Items that are Vietnamese or foreign currency included with sales proceeds shall be handled according to the provisions in Part IV.

3. Items that are not goods but are documents, publications, materials, audio tapes, video tapes, photographs, etc., requiring research or storage, shall be transferred to relevant agencies. Administrative documents such as identity cards, birth certificates, property registration certificates, etc., shall be transferred to the issuing agency.

4. Vietnamese and foreign postal stamps, whether used or canceled, shall be handed over to the provincial post office.

5. For items whose value the committee cannot fully understand, the chairman may seek advice from specialized agencies or experts. The committee must ensure the confidentiality of correspondence and state secrets while performing its duties. The transfer of these items and goods to competent agencies must be documented according to proper procedures.

6. Goods found in unclaimed mail items and parcels shall be sold at market prices. The committee shall prepare an inventory of each type of good in each mail item and parcel, recording the set price next to it.

7. Priority for selling goods shall be given in the following order::

- State-owned commerce,

- Cooperative buying and selling,

- Public auction.

8. Items and goods that are no longer usable and cannot be sold shall be destroyed, with a record prepared.

IV. PAYMENT AND INTEREST ON SALES PROCEEDS FROM UNCLAIMED MAIL ITEMS AND PARCELS . 

- The provincial post office may retain 10% of the total sales proceeds for expenses related to storage, transportation, and meetings according to the current system. This amount must be settled annually with the Ministry of Finance.

- After paying the amounts due, such as taxes, fees, and charges for postal items, the remaining proceeds from sales shall be deposited into the Postal总局的账户并保存六个月以处理任何投诉。

- Within this period, the sender, recipient, or authorized person, if they have sufficient evidence, has the right to reclaim the sale proceeds from the postal item or parcel after deducting the amounts due.

Beyond the six-month period, the sale proceeds shall be deposited into the state budget.

- The Director of the provincial post office shall examine and issue a decision to return the sale proceeds of unrecognized postal items or parcels after deducting 10% and other expenses (if any). The refund documents shall be retained for reporting to the council at the next session and settlement with the financial authority.

 V. IMPLEMENTING PROVISIONS:

This Circular takes effect from the date of signature. All previous regulations contrary to this Circular are hereby abolished. The People's Committees of provinces and municipalities under central government jurisdiction, the finance and postal sectors shall be responsible for guiding, monitoring, and inspecting subordinate units' implementation. Any difficulties encountered during implementation shall be reported to the Joint Office of the General Department of Posts and Telecommunications and the Ministry of Finance for consideration and resolution.

During the implementation process, any difficulties should be reported to the Joint Office of the General Department of Posts and Telecommunications and the Ministry of Finance for consideration and resolution.