Circular No. 02/2012/TT-BTTTT detailing the supply and use of postal services

CIRCULAR

Detailed regulations on the supply and use of postal services

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Pursuant to the Law on Posts dated June 17, 2010;

Based on Decree No. 47/2011/NĐ-CP dated June 17, 2011 of the Government detailing the implementation of certain provisions of the Postal Law;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

The Minister of Information and Communications issues this Circular to detail the supply and use of postal services,

PART I

SUPPLY AND USE OF POSTAL SERVICES

Article 1. Written contracts for the supply and use of postal services

1. Written contracts for the supply and use of postal services (hereinafter referred to as the contract) used during the provision of postal services must comply with the model contract reported to the competent state agency on postal matters.

2. In cases where the postal service provider and the sender enter into other agreements related to the contract, these agreements shall be considered an integral part of the contract.

Article 2. Proof of acceptance of postal items and proof of sending

1. Proof of acceptance of postal items between the postal service provider and the sender has legal effect equivalent to a written contract concluded between the parties when it meets the provisions of Clause 1 and Clause 2 of Article 9 of the Postal Law.

2. Proof of use of the service must include at least the following contents:

a) The number and special code of the postal item according to the regulations of the postal service provider;

b) The confirmation mark of the postal service provider;

c) The time of acceptance of the postal item.

Article 3. Information determining the time and place of acceptance of postal items

1. Information determining the time and place of acceptance of postal items is expressed in the following forms:

a) Stamping the date;

b) Writing by hand;

c) Printing;

d) Attaching or pasting a label.

2. The postal service provider is responsible for ensuring the accuracy of the information about the time and place of acceptance of postal items compared to the actual time and place of acceptance of the postal item.

Article 4. Information about postal services

1. Before concluding a contract, the postal service provider is responsible for providing complete information about the service to the service user.

2. Information about postal services includes the following contents:

a) Type of service;

b) Service quality;

c) Service tariff;

d) Principles of compensation for damage;

đ) Level of compensation for damage;

e) Rights and obligations of the postal service provider;

g) Rights and obligations of the postal service user;

h) Other relevant information.

Article 5. Notification of postal service tariffs

Any changes in the tariffs of currently applied postal services and new postal services must be notified in writing (according to the form in Appendix I) to the competent state agency that issued the postal license, confirmation document of postal activities within thirty days from the effective date of the new tariff.

Chapter II

COMPENSATION FOR DAMAGE

Article 6. Compensation for damage in international postal services

Compensation for damage in the supply and use of international postal services shall be carried out in accordance with the terms agreed upon in the contract between the service provider and the sender, and must comply with Vietnam's regulations on compensation for damage in postal activities.

Article 7. Refund of Service Charges

1. Refund of service charges is the act of a postal service provider returning to the postal service user the service charges that the provider has collected. These service charges do not include taxes, fees, and levies already paid to competent authorities.

2. The refund of taxes, fees, and levies shall be carried out in accordance with relevant laws.

Article 8. Compensation Based on Actual Damage

1. Compensation based on actual damage is compensation according to the actual volume of mail lost, damaged, or partially substituted.

2. The actual volume of mail lost, damaged, or partially substituted is determined based on the remaining volume of the mail compared to its total volume at the time of acceptance.

3. The person requesting compensation is responsible for providing related documents as the initial basis for determining the actual damage to the mail.

Article 9. Document Establishing Liability for Compensation

1. The establishment of liability for compensation must be documented in writing and prepared by the party responsible for compensation.

2. The document establishing liability for compensation includes the following main contents:

a) Information about the mail, sender, and recipient;

b) Location, date, and month of accepting the mail;

c) Reason for compensating the damage;

d) Liability for compensating the damage;

đ) Level of compensation for damage;

e) Method of implementing compensation for the damage;

g) Deadline for implementing compensation for the damage.

Article 10. Exchange Rate Conversion

1. The exchange rate between SDR and US Dollar is published daily on the International Monetary Fund's website at http://www.imf.org.

2. The exchange rate between US Dollar and Vietnamese Dong is applied based on the average trading rate in the inter-bank foreign exchange market announced by the State Bank of Vietnam at the time of preparing the document establishing liability for compensation.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Implementation Provisions

1. This Circular takes effect from May 1, 2012

2. During implementation, if difficulties or obstacles arise, organizations and individuals should report them to the Ministry of Information and Communications for consideration and resolution./.