Circular No. 08/2008/TT-BTTTT guiding certain provisions of Decree No. 128/2007/NĐ-CP dated August 2, 2007 of the Government on express delivery services

CIRCULAR

Guidelines for certain provisions of Decree No. 128/2007/NĐ-CP dated August 2, 2007 of the Government on postal services

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

Pursuant to Decree No. 128/2007/NĐ-CP dated August 2, 2007 of the Government on postal services;

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 Ministry of Information and Communications issues guidelines for certain provisions of Decree No. 128/2007/NĐ-CP dated August 2, 2007 of the Government on postal services as follows:

1. Security and safety measures in postal services as stipulated in Clause 3, Article 9 of the Decree include:

a) Measures to ensure the confidentiality of personal information of service users.

b) Measures to ensure the integrity of information in the form of documents, parcels, and packages transmitted through the postal network.

c) Measures to ensure the safety of equipment, transportation means, and the postal network.

d) Measures to ensure the safety of individuals and organizations participating in postal activities.

đ) Measures to coordinate with competent state agencies in preventing, detecting, and handling violations in postal activities; preventing acts that exploit the postal network to infringe upon national security, public order, and safety, smuggling activities, and other illegal acts.

2. Personal information as stipulated in Clause 1, Article 10 of the Decree includes:

a) The content of information in the form of documents, parcels, and packages.

b) Information about the name, address, and telephone number (if available) of the sender and recipient.

c) Other information related to the use of postal services.

3. The notification dossier for operating postal service business (hereinafter referred to as the notification dossier) as stipulated in Clause 2, Article 13 of the Decree shall be implemented as follows:

a) The notification dossier includes:

- A notification document for operating postal service business according to the model at Appendix I of this Circular.

- A certified copy of the Business Registration Certificate or Investment Certificate in the field of postal services.

- A sample of the supply and use service contract.

- Tariff list, quality standards, and liability limit for compensation in case of damage.

b) The notification dossier as stipulated in point a) of this clause shall be established in one original set.

c) Location to accept the notification dossier:

- Department of Information and Communications of provinces and centrally-administered cities: For notification dossiers for operating postal service business within the province.

- Ministry of Information and Communications, 18 Nguyen Du Street, Hanoi: For notification dossiers for operating postal service business across provinces, nationwide, or internationally.

4. Procedures for confirming the notification of operating postal service business as stipulated in Article 14 of the Decree shall be implemented as follows:

a) Reviewing the notification dossier, including:

- Verifying the completeness and consistency of the contents in the notification dossier as stipulated in point a) of Clause 3 of this Circular.

- Verifying the legal status of the enterprise through the Business Registration Certificate or Investment Certificate.

- Verifying the compliance of the contents in the notification dossier with legal regulations.

- In case the notification dossier does not comply with the regulations, the competent state agency as stipulated in point c) of Clause 3 of this Circular shall send a notice requesting amendments and supplements according to the model at Appendix II of this Circular within ten working days from the date of receipt of the notification dossier.

b) Confirming the notification of operating postal service business:

The competent state agency as stipulated in point c) of Clause 3 of this Circular shall confirm the notification of operating postal service business in writing according to the model at Appendix III of this Circular and send it to the enterprise operating postal service business within ten working days from the date of receipt of a valid notification dossier.

5. The application dossier for obtaining a license for operating letter postal service business (hereinafter referred to as the application dossier) as stipulated in Clause 1, Article 16 of the Decree shall be implemented as follows:

a) The application dossier includes:

- An application for a license for operating letter postal service business according to the model at Appendix IV of this Circular.

- A certified copy of the Business Registration Certificate or Investment Certificate in the field of postal services.

- The charter of organization and operation of the enterprise (if available).

- A business plan for letter postal service, including the following main contents:

+ Information about the enterprise: Name, address, telephone number, fax number of the head office, representative office, branch; website and email of the enterprise (if available) and other related information.

+ The area expected to provide services.

+ Management and operation system of the service.

+ Service exploitation process: Collection, sorting, transportation, and delivery procedures; service provision method (self-organized or cooperative service provision with another enterprise).

+ Measures to ensure security and safety in letter postal service operations.

+ Analysis of the feasibility and economic-social benefits of the plan through indicators such as volume, revenue, costs, number of employees, tax paid to the budget, and return on investment over the next three years.

- A sample of the supply and use service contract.

- Tariff list, service quality standards, and liability limit for compensation in case of damage.

- Documentation proving that the legal representative of the enterprise has at least one year of experience in the post or postal sector.

- An agreement with foreign partners for international letter postal service (for application dossiers for international scope).

b) The application dossier as stipulated in point a) of this clause shall be established in four sets, including one original set and three copies.

c) Location to accept the application dossier:

- Department of Information and Communications of provinces and centrally-administered cities: For application dossiers within the provincial scope.

- Ministry of Information and Communications, 18 Nguyen Du Street, Hanoi: For application dossiers across provinces, nationwide, or internationally.

6. Conditions and procedures for reviewing the application dossier for obtaining a license for operating letter postal service business (hereinafter referred to as the license) as stipulated in Clause 4, Article 16 of the Decree shall be implemented as follows:

a) Conditions for reviewing the application dossier:

- The application dossier must be complete in terms of the number of dossiers and the items within the dossier as stipulated in point a) and point b) clause 5 of this Circular.

- All contents in the application dossier must be fully and consistently filled out.

- In case the application dossier does not comply with regulations, the competent state agency specified in point c) clause 5 of this Circular shall send a notification requesting amendments and supplements according to the model at Appendix V of this Circular.

b) Procedures for reviewing the application dossier include:

- Reviewing the legal status of the enterprise through the Business Registration Certificate or Investment Certificate.

- Reviewing security measures for safety and security in postal delivery activities.

- Reviewing operational procedures in postal delivery service provision activities.

- Reviewing the tariff schedule, quality standards, and compensation levels in cases of damage occurrence.

- Reviewing the feasibility of the business plan through economic efficiency indicators, employment creation capacity, contribution levels to the state, and other benefits.

c) Basis for issuing the permit:

- The contents of the application dossier must be consistent with the market development planning and orientation for postal and delivery services.

- The business plan must demonstrate feasibility and include security measures for information safety.

- Quality standards, tariffs, compensation levels in cases of damage occurrence, and service supply and usage contract templates must comply with legal provisions.

- The validity period of the issued permit shall not exceed ten years and shall be determined based on:

+ The scale and scope of service provision by the enterprise.

+ The enterprise's request.

d) Issuing the permit for postal delivery service business:

- Within thirty working days from the date of receipt of a complete and valid application dossier, the competent state agency specified in point c) clause 5 of this Circular shall review and issue the permit according to the model at Appendix VI of this Circular.

- In case of refusal to issue the permit, the competent state agency specified in point c) clause 5 of this Circular shall notify in writing within the aforementioned time limit.

7. The revocation of the permit as stipulated in Article 18 of the Decree shall be implemented as follows:

a) The competent state agency specified in point c) clause 5 of this Circular shall revoke the issued permit in the cases prescribed in Article 18 of the Decree according to the model at Appendix VII of this Circular.

b) From the date the decision to revoke the permit takes effect, the enterprise must cease all service provision activities.

c) Within thirty working days from the date the decision to revoke the permit takes effect, the enterprise must terminate all service supply and usage contracts signed with service users.

d) After two years from the date the decision to revoke the permit takes effect, if the enterprise wishes to continue operating the postal delivery service business, it must submit an application for a permit according to the provisions of clause 5 of this Circular.

8. Language in service supply and usage contracts as stipulated in clause 4, Article 19 of the Decree shall be implemented as follows:

The language in the contract must be Vietnamese. If another language is included in the contract, Vietnamese shall serve as the basis for determining the rights and obligations of the parties.

9. Effectiveness of this Circular:

This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

10. Implementation organization:

During implementation, if there are difficulties or obstacles, they should be promptly reported to the Ministry of Information and Communications for consideration and resolution./.