Decision No. 02/2007/QĐ-BBCVT On the Limitation of Liability for Compensation of Damages for Postal Services and Courier Services

Pursuant to …;

MINISTER OF POST AND TELECOMMUNICATIONS

On the basis of the Ordinance on Post and Telecommunications dated May 25, 2002;

On the basis of 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 Post and Telecommunications;

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

On the basis of Decision No. 190/2004/QĐ-TTg dated November 8, 2004 of the Prime Minister on the management of express delivery services;

Pursuant to the proposal of the Director of the Postal Department.

The limit of liability for compensation of damage for postal services (basic and additional) and express delivery services is specifically prescribed as follows:

DECISION:

Article 11. In case the sent item is lost or completely damaged:

a) For domestic postal services and express delivery services: The minimum limit of liability for compensation of damage is four (04) times the fee of each type of service used.

b) For international postal services and express delivery services: The minimum limit of liability for compensation of damage is fourteen US dollars per kilogram (calculated according to each weight bracket of 100 grams, with fractions counted as 100 grams) plus reimbursement of the fee of each type of service used.

c) In addition to the provisions of point b clause 1 of this Article, compensation for international postal services provided by Vietnam Post must comply with the principles of compensation under international commitments that Vietnam has signed or joined, or bilateral agreements between Vietnam Post and postal services of other countries.

2. In case the sent item is partially damaged or partially lost:

The amount of compensation is determined based on actual damage and the extent of damage is calculated according to the market price of similar items or goods at the location and time when the mail item was accepted, but not exceeding the compensation amount in the case where the mail item is completely lost or completely damaged.

3. For declared value services, insured services, or services agreed upon by the user and the enterprise, compensation for damage shall be in accordance with specific regulations set by the enterprise or in accordance with the agreements reached.

Vietnam Post and express delivery enterprises have the responsibility to establish and publicly announce the compensation limits for each type of service provided by the enterprise, which shall not be lower than the liability compensation limits prescribed in Article 1, and implement compensation according to the announced compensation levels.

Article 2This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3The Heads of the Office, Directors of the Postal Department, Heads of agencies and units under the Ministry, Vietnam Post, and express delivery enterprises are responsible for implementing this Decision./.

Article 4Dang Trung Ta