Decree No. 109/1997/ND-CP on Postal Services and Telecommunications

 

 

 

 

DECREE OF THE GOVERNMENT

Regarding Postal Services and Telecommunications

 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Considering the proposal of the General Director of the Posts and Telecommunications General Department,

 

DECREE:

PART I
GENERAL PROVISIONS

Article 1.

1. Postal services and telecommunications are technical economic sectors belonging to the infrastructure of the economy and are the communication tools of the Socialist Republic of Vietnam.

2. The public postal and telecommunications network is the national communication tool and must be protected; no one may infringe upon it.

Protecting the postal and telecommunications network is the responsibility of state agencies, economic organizations, social organizations, people's armed units, and all citizens. People's Committees at all levels have the responsibility to protect the communication system in their localities.

Article 2. This Decree regulates relationships concerning postal services and telecommunications with the aim of enhancing the effectiveness of state management, developing rapidly, and utilizing efficiently the postal and telecommunications networks and services to meet the communication needs of the entire society.

All activities related to postal services and telecommunications and those associated with postal services and telecommunications of Vietnamese organizations and individuals and foreign organizations and individuals in Vietnam must comply with this Decree.

In cases where international treaties on postal services and telecommunications that the Socialist Republic of Vietnam has signed or joined provide different provisions from this Decree, the international treaty shall apply.

The establishment and operation of specialized postal and telecommunications networks of the Ministry of National Defence, the Ministry of Public Security, and the relationship between these networks and the public postal and telecommunications network shall be regulated by the Government.  

Article 3.

1. The confidentiality and security of postal services and telecommunications are guaranteed according to the Constitution and laws of the Socialist Republic of Vietnam.

Strictly prohibit the following acts:

a) Damaging or obstructing the operation of the public postal and telecommunications network and specialized postal and telecommunications networks;

b) Providing and using postal and telecommunications services for purposes contrary to the Socialist Republic of Vietnam; causing disturbances to public security; violating morals, customs, and traditions; engaging in smuggling and other illegal activities;

c) Appropriating, destroying, opening, substituting, or disclosing the contents of others' mail, parcels, telegrams;

d) Illegally intercepting or recording telecommunications signals;

e) Disclosing the names and addresses of organizations and individuals using postal and telecommunications services except when the telecommunications subscriber agrees to have their name and address listed in telecommunications directories.

2. The inspection and supervision of the operation of postal and telecommunications networks and services, as well as the seizure of mail, parcels, and telegrams of organizations and individuals, must be conducted by state authorities with jurisdiction in accordance with the law.

3. The General Post Office Corporation shall coordinate with the Ministry of Public Security and relevant agencies to guide the implementation of measures to ensure national security and social order in communications, ensuring the confidentiality and security of postal and telecommunications networks and services.

Article 4. Vietnamese organizations and individuals, as well as foreign organizations and individuals, are entitled to use postal and telecommunications services.

All organizations and individuals have the obligation to comply with the law when using postal and telecommunications services.

No one may obstruct the lawful use of postal and telecommunications services.

Postal and telecommunications service providers have the right to refuse service if the user violates postal and telecommunications laws.

Article 5. The Government exercises unified state management over postal services and telecommunications.

The General Post Office Corporation, under the Government, performs the function of state management over postal services and telecommunications throughout the country.

Ministries, ministerial-level agencies, agencies under the Government, and People's Committees at all levels within their functions, tasks, and powers shall cooperate with the General Post Office Corporation to perform the function of state management over postal services and telecommunications.

Article 6. The Government exercises unified management over prices, tariffs, and fees for postal services and telecommunications.

The Director of the General Post Office Corporation announces postal and telecommunications prices and tariffs in accordance with the Government's regulations.

Article 7. The Director of the General Post Office Corporation decides and announces the closure and opening of domestic and international postal and telecommunications services, including experimental services and the establishment of computer information through the public telecommunications network; decides and announces the closure and opening of foreign exchange post offices, customs post offices, public coastal stations, and specialized ones.

 

PART II
POSTAL SERVICES

PART I. PUBLIC POST NETWORK

Article 8. The public post network includes technical centers, operation centers, transportation and management centers for postal services, mail routes, a system of post offices, service points, and agents organized throughout the country.

The public post network is organized and developed according to planning, plans, and unified operational rules, standards, technical regulations issued by competent state agencies to provide postal services to the entire society.

Article 9.

1. The public post network must operate continuously, including on holidays and Sundays.

Relevant sectors must coordinate and create necessary conditions for the public post network to operate smoothly and continuously.

2. The General Post Office Department shall stipulate operating hours for various types of post offices. Post offices must display their operating hours to serve users of postal services.

PART II. POSTAL SERVICES

I. TYPES OF SERVICES

Article 10.- Postal services include receiving, transferring, delivering letters, periodicals, publications, money, items, goods, and other material products through the public postal network provided by postal service enterprises.

Article 11. Postal Services include:

1. Mail item service;

2. Mail package service up to 31.5 kilograms;

3. Mail package service over 31.5 kilograms (Heavy mail package);

4. Periodical publication distribution service;

5. Postal financial service.

Postal services are provided and used in accordance with postal service operational rules.

The General Post Office Department shall issue postal service operational rules.

 

II. MAIL ITEMS, MAIL PACKAGES, AND PERIODICAL DISTRIBUTION SERVICES

Article 12. Mail items and packages remain under the control of the sender until they are delivered to the recipient or the person authorized by the recipient, except in cases where they are confiscated or destroyed according to the law.

The sender is responsible under the law for the content of information, items, goods, and publications sent in mail items and packages.

Article 13.

1. Mail items include: letters, postcards, publications, educational materials for the blind, and small packages.

Mail items are received, transferred, and delivered according to the mail item operational rules.

2. A letter is a handwritten, copied, or printed document containing private information between the sender and the recipient.

Letters are placed in envelopes, sealed, and guaranteed confidentiality according to the Constitution.

The sender and the recipient may be organizations or individuals.

3. Mail packages are consignments of goods and items.

Mail packages are received, transferred, and delivered according to the mail package operational rules.

Article 14.

1. Prohibited from being sent in mail items and packages:

a) Within the country: publications, items, goods prohibited by the State from circulation; substances that cause explosions, fires, dangers, or pollution;

b) To foreign countries and from foreign countries to Vietnam: publications, items, goods prohibited by the Socialist Republic of Vietnam from export or import, or prohibited by the receiving country; smuggled goods; substances that cause explosions, fires, dangers, or pollution.

2. Precious metals, gemstones, or products made from precious metals and gemstones can only be sent in declared-value mail items and packages.

Money and bank drafts equivalent to cash can only be sent via money transfer services.

3. Goods subject to tax must have proof of tax payment as prescribed by law.

Article 15. Mail items (except letters and postcards) and mail packages sent from Vietnam to foreign countries and from foreign countries to Vietnam must undergo inspection by competent state agencies as prescribed by law.

Relevant state agencies are responsible for organizing and processing the export and import of mail items and packages conveniently.

Article 16.

1. Organizations and individuals providing transportation services by automobile, aircraft, train, or ship are responsible for prioritizing the transport of mail items, mail packages, and periodicals along all transportation routes according to contracts signed with postal service enterprises.

2. Vehicle owners and drivers are responsible for ensuring the safety of mail items, mail packages, and periodicals during transportation.

In case of accidents or damage to vehicles transporting mail items, mail packages, and periodicals, vehicle owners and drivers must organize the protection and rapid evacuation of mail bags and parcels. Local authorities must facilitate the protection of these mail bags and parcels.

3. On public transportation means, mail bags and parcels must be placed in separate compartments or rooms. If there are no separate compartments or rooms, the vehicle owner must arrange safe and isolated storage spaces for mail bags and parcels away from passengers and cargo.

4. Owners of passenger or cargo transportation means departing from Vietnam or transiting through Vietnam to other countries with postal relations with the Socialist Republic of Vietnam must transport Vietnamese mail items, mail packages, and periodicals according to the instructions of the transportation management agency.

5. Postal service enterprises may organize specialized transportation forces.

Specialized transportation means must be painted in a uniform color and marked with postal symbols.

6. Specialized transportation means of public transportation carrying mail items, mail packages, and periodicals by road are given priority:

a) Crossing ferries, bridges, or sections of roads with traffic obstacles;

b) Inspected first if the competent authority inspects transportation means on the road;

c) Entering and exiting post offices and delivery points in cities to deliver mail bags and parcels.

Article 17. It is forbidden to open and inspect mail bags and parcels during transportation, except in special emergency situations concerning national security as specified by the Minister of Public Security and the Director-General of the General Post Office Department.

Article 18. The transportation of diplomatic mail bags is carried out according to international treaties signed or joined by the Socialist Republic of Vietnam.

Article 19. Organizations and individuals are not allowed to provide services for carrying letters from Vietnam to foreign countries and from foreign countries to Vietnam, except for postal service enterprises.

Article 20. In cases of urgent national security and natural disasters, the Chairman of the People's Committee of provinces and centrally-administered cities may requisition transportation means to transport urgent documents, orders, and other urgent papers.

Article 21. Parcels, letters, and press materials shall be delivered at:

1. The recipient's address;

2. Post offices;

3. Mailboxes rented by subscribers.

The General Post Office Department shall stipulate the delivery of parcels, letters, and press materials in other cases.

Article 22. Parcels and letters that cannot be delivered to the recipient or the person authorized by the recipient and also cannot be returned to the sender or the person entitled to receive them, shall be considered undeliverable items after a period of twelve months from the date of dispatch.

Article 23. The Director of the General Post Office Department and the Minister of Finance shall specify the procedures for handling undeliverable parcels and letters based on the following principles:

1. Staff working for the Project on a part-time basis will be compensated according to current regulations, while staff working under labor contracts will be paid from the Project's operational budget. The Director of the Project Management Board decides on the allocation and specific duties of staff grouped into teams.n items, documents, or objects needed for research or storage shall be handed over to relevant agencies or organizations. Other documents and publications shall be kept at the processing location for six months, then destroyed;

2. Goods shall be valued and sold. Proceeds from the sale of goods shall be deposited into a temporary account at a bank. Within six months from the date of deposit into the account, if there is sufficient evidence, the person entitled to receive may reclaim the proceeds from the sale after deducting reasonable expenses. Beyond this period, the proceeds from the sale of goods shall be remitted to the state budget.

Completely damaged items and goods shall be destroyed;

3. The handling of undeliverable parcels and letters must be resolved by a committee and recorded in a protocol.

III. POSTAL FINANCIAL SERVICES

Article 24. Postal financial services include:

1. Money transfer;

2. Postal check;

3. Payment through postal service;

4. Collection and payment;

5. Banking services.

Article 25. Postal service enterprises providing postal services shall provide postal financial services under conditions prescribed by law and must have a business license issued by the competent specialized state management agency.

Article 26. Deposits and payments made through postal financial services remain at the disposal of the depositor until payment or settlement is completed, except in cases of confiscation as provided by law.

Article 27. Deposits and payments made through postal financial services that cannot be paid or settled with the recipient or the person authorized by the recipient and also cannot be returned to the depositor or the person entitled to benefit, shall be considered unclaimed funds after twelve months from the date of deposit.

Article 28. Unclaimed funds shall be deposited into a temporary account at a bank. Within six months from the date of deposit into the account, if there is sufficient evidence, the person entitled to benefit may reclaim the funds.

Beyond this period, unclaimed funds shall be remitted to the state budget.

SECTION III: POSTAGE STAMPS

Article 29. Postage stamps are special publications used as means of payment for postal charges, and simultaneously used as philatelic stamps.

The General Post Office Department is the sole authority issuing Vietnamese postage stamps.

Article 30. The issuance of postage stamps must comply with the following regulations:

1. Developing a five-year and annual stamp topic program.

The Director of the General Post Office Department decides on the stamp topic program.

The issuance of postage stamps to commemorate major holidays, events domestically and internationally must be agreed upon by the competent state authority;

2. Approving stamp designs: stamp designs must be reviewed by the Advisory Council established by the General Post Office Department.

The Director of the General Post Office Department bases on the Council's opinions to approve stamp designs;

3. Printing stamps: The Director of the General Post Office Department decides on stamp printing, including the quantity and place of printing.

Stamps can be printed domestically or abroad, but must ensure security and economic efficiency;

4. Issuing stamps: Postage stamps only have usage value after the announcement of issuance by the General Post Office Department.

Special issue postage stamps shall bear commemorative seals and have envelopes of the first day of issue.

Article 31. The selling price of postage stamps to pay for postal charges is the price printed on the stamp.

If additional money needs to be collected for social welfare funds for humanitarian reasons, it must be approved by the Prime Minister and special postage stamps with additional surcharge amounts printed on them must be issued.

Article 32. The Director of the General Post Office Department shall stipulate domestic philatelic trading and international philatelic trading, and regulate the export of Vietnamese postage stamps and import of foreign postage stamps.

Article 33. Postage stamps shall be protected and stored according to the provisions of the law.

 

CHAPTER III
TELECOMMUNICATIONS

PART I. PUBLIC TELECOMMUNICATION NETWORK

Article 34. The public telecommunication network includes the national trunk telecommunication system (switching and transmission systems for inter-provincial and international connections), provincial and district systems, service point systems, and terminal equipment systems.

The public telecommunication network is organized and developed according to plans and regulations and managed and operated according to unified technical standards, operational rules issued by competent state agencies or permitted for application to provide telecommunication services to the entire society.

The State uniformly organizes and manages the national trunk telecommunication system.

Article 35. The public telecommunication network must operate continuously day and night under all circumstances.

Article 36. The operation of the public telecommunication network shall not cause harm to the environment or economic and social activities. Economic and social activities shall not affect the operation of the public telecommunication network, especially causing harmful interference, damaging cables, antennas, and telecommunication equipment systems.

Any violations must be handled according to the law.

SECTION 2. TELECOMMUNICATION SERVICES

Article 37. Telecommunication services are services for transmitting, storing, and providing information through the form of transmitting, broadcasting, and receiving symbols, signals, data, writings, sounds, images via the public telecommunication network provided by telecommunication service enterprises.

Article 38. Telecommunication services include:

1. Telephone services;

2. Telegraph services;

3. Telex services;

4. Facsimile (Fax) services;

5. Data transmission services;

6. Leased telecommunication circuit services;

7. Television and radio broadcasting services;

8. Electronic news services;

9. Multimedia services;

10. Mobile telephone services;

11. Messaging services;

12. Internet services;

13. Information storage and provision services.

Telecommunication services are provided and used according to telecommunication service rules.

The General Post Office Department promulgates telecommunication service rules.

Article 39. Organizations and individuals have the right to register for telecommunication subscriptions at their own addresses or use telecommunication services at post offices and service points according to telecommunication service rules.

Users of telecommunication services are served continuously day and night, including holidays and Sundays. In cases where telecommunication service enterprises cannot meet user requests, they must inform users of the reasons.

Users of telecommunication services are responsible under the law for the content of information when using telecommunication services.

Telecommunication subscribers may not use subscription equipment to operate telecommunication services.

Article 40. The design and installation of equipment or subscriber networks can be undertaken by subscribers themselves or by other organizations or individuals hired, but must comply with state technical procedures and norms.

Connecting from the subscriber address to the public telecommunication network is carried out by telecommunication service enterprises.

Article 41.

1. The Director of the General Post Office decides on the opening and closing of inter-provincial and international telecommunication communication lines within the national trunk telecommunication system; stipulates the leasing and subleasing of telecommunication circuits within the system.

2. Telecommunication service enterprises may use channels of the national trunk telecommunication system to provide telecommunication services according to the regulations of the General Post Office Department.

3. Agencies and organizations with dedicated telecommunication networks may lease channels for internal communication.

Article 42. Management, establishment, provision, and use of Internet networks in Vietnam are implemented according to the Interim Regulations on Management, Establishment, and Use of the Internet in Vietnam, issued together with Decree No. 21/CP dated March 5, 1997 of the Government and Decision No. 136/TTg dated March 5, 1997 of the Prime Minister regarding the establishment of the National Internet Coordination Board in Vietnam.

Article 43. Telecommunication services are divided into different levels of priority based on time criteria for use by all organizations and individuals.

The Director of the General Post Office Department stipulates the levels of priority.

Article 44. The following types of information are given immediate priority service:

1. Flood, storm, fire, and other natural disaster prevention;

2. Emergency medical care and disease prevention;

3. Urgent defense and security information;

4. Rescue information when aircraft or ships are in danger;

5. Other urgent public welfare information.

In the above emergency situations, the Director of the General Post Office Department decides to mobilize part or all of the telecommunication network, including both public and dedicated networks, to serve these urgent needs.

Article 45. The following entities are given priority service when using telecommunication services:

1. Party and State leaders, Ministers, Chairmen of Provincial People's Committees or equivalent positions;

2. Heads of foreign government delegations visiting Vietnam, heads of diplomatic missions, and representatives of international organizations in Vietnam.

Article 46. Telegrams, telexes, faxes, or other documents transmitted by telecommunication services are collectively referred to as telegrams.

Party and State agencies at all levels, military units, foreign diplomatic missions, and representative offices of international organizations enjoying diplomatic privileges may use secret languages in telegrams.

Other entities wishing to use secret languages in telegrams must register and obtain permission from competent state management agencies.

Article 47. Telegrams are sent through:

1. The recipient's address;

2. Post offices;

3. Telecommunication subscriptions.

The General Post Office Department stipulates the sending of telegrams in other cases.

Article 48. Undelivered telegrams must be reported to the sender and retained for six months from the date of dispatch. After this period, such telegrams will be destroyed.

PART 3. SPECIAL PURPOSE TELECOMMUNICATION NETWORKS

Article 49. A special purpose telecommunications network is established by an agency, organization, or enterprise for internal communication within that agency, organization, or enterprise through voice or non-voice methods.

The establishment of special purpose telecommunications networks within the territory of Vietnam shall be governed by this Decree.

The Ministry of Foreign Affairs may establish a special purpose telecommunications network to communicate with diplomatic missions of the Socialist Republic of Vietnam abroad.

The Director of the General Post Office Administration stipulates the establishment and operation of radio communication stations of foreign agencies and organizations in Vietnam.

Article 50. An agency, organization, or enterprise wishing to establish a special purpose telecommunications network must ensure the following conditions:

1. Clear purpose of use;

2. Network structure and design, operational methods and scope, technical standards and indicators of the network and equipment.

The General Post Office Administration regulates the acceptance of applications, examination of documents, and issuance of permits for establishing networks.

Special purpose telecommunications networks can only operate after obtaining a permit from the General Post Office Administration.

Article 51. Agencies, organizations, or enterprises permitted to establish special purpose telecommunications networks must comply with the following requirements:

1. Operate in accordance with the law and the provisions of the permit;

2. Not use the special purpose telecommunications network to provide public telecommunications services;

3. Not cause harmful interference or affect the operation of public telecommunications networks and other special purpose networks;

4. Not directly connect to another special purpose telecommunications network.

Article 52. Connecting a special purpose telecommunications network to a public telecommunications network must meet the following conditions:

1. Technical standards of the network and equipment must be compatible with the public telecommunications network;

2. Properly implement connection, integration, and operation regulations.

Article 53. Special purpose telecommunications networks must operate in compliance with this Decree and other relevant laws; they are subject to inspection and supervision by the General Post Office Administration and competent state agencies.

 

PART IV
RADIO FREQUENCY BANDS AND WIRELESS TRANSMITTER EQUIPMENT

PART I
MANAGEMENT OF RADIO FREQUENCY BANDS AND WIRELESS TRANSMITTER EQUIPMENT

Article 54. Radio frequency bands and geostationary satellite orbits under the sovereignty of Vietnam are national resources and must be exploited and utilized in accordance with the law and effectively.

Wireless transmitters operating in the frequency range from 9kHz to 400GHz must use frequencies allocated or designated according to the national frequency plan.

The national frequency plan is developed by the General Post Office Administration and submitted to the Prime Minister for approval.

Article 55. Organizations and individuals both domestic and foreign in Vietnam (except the Ministry of Defense and the Ministry of Public Security which have separate regulations) wishing to install, use, or store wireless transmitter equipment on Vietnamese territory (including on means of transport) and use radio frequencies for fixed, mobile, broadcasting, television, aviation, maritime, tracking, positioning, satellite, standard transmission, and other services must apply to the General Post Office Administration and obtain a permit before installation, use, or storage.

Any change in frequency, bandwidth, transmission power, or relocation of such wireless transmitter equipment must be approved by the General Post Office Administration.

Conditions for obtaining a permit to install, use, and store radio wave transmitting equipment:

1. Clear purpose of use;

2. Equipment must meet technical standards and specifications prescribed by the State;

3. The operator of the equipment must have a professional certificate issued by a competent state agency.

Article 56.Strictly prohibited:

1. Installing, using, storing radio wave transmitting equipment and using radio frequencies without a permit;

2. Illegally exporting or importing radio wave transmitting equipment;

3. Causing harmful interference;

4. Misusing emergency, international, and national safety frequencies.

Article 57. Domestic and foreign organizations and individuals wishing to export or import radio wave transmitting equipment must obtain approval from the General Post Office Department.

Article 58. Domestic and foreign organizations and individuals in Vietnam that have been granted permits to use radio wave transmitting equipment and radio frequencies must report in writing to the General Post Office Department when their permits expire or cease operations. If they wish to continue using them, they must apply for an extension according to the regulations of the General Post Office Department.

Article 59. Communication equipment installed on foreign ships and aircraft must be shut down when the ship enters Vietnam's inland waters or the aircraft lands at a Vietnamese airport. All telecommunications with any location must comply with Vietnamese law.

Vietnamese and foreign ships and aircraft entering, leaving, or staying at Vietnamese ports and airports must comply with Vietnamese law and be subject to inspection by competent state management agencies regarding relevant permits and certificates related to the use of radio wave transmitting equipment.

Ships and aircraft passing through Vietnamese territory are subject to supervision by the General Post Office Department regarding the use of radio frequencies.

Article 60. Organizations and individuals permitted to use radio wave transmitting equipment and radio frequencies must implement the following measures to prevent harmful interference:

1. Maintain the transmission frequency within the allowable frequency deviation range;

2. Reduce harmonic radiation and parasitic radiation levels to the lowest possible values;

3. Use transmission methods with the narrowest occupied bandwidth;

4. Limit transmission in unnecessary directions;

5. Use the smallest power level sufficient to ensure communication quality.

PART II. INTERNATIONAL REGISTRATION OF RADIO FREQUENCIES AND SATELLITE ORBITS

Article 61. The General Post Office Department is responsible for registering international radio frequencies for domestic radio communication services and registering geostationary satellite orbits.

Article 62. The General Post Office Department manages the use of geostationary satellite orbits under Vietnam's sovereignty, manages leasing and subleasing of satellite channels.

Article 63. Responsibilities of the Ministry of Science and Technology Domestic and foreign organizations and individuals in Vietnam wishing to establish ground stations or use satellite communication systems must apply for permission from the General Post Office Department.

PART III
MANAGEMENT OF AMATEUR RADIO FREQUENCIES

Article 64. Vietnamese and foreign organizations and individuals wishing to install and use amateur radio equipment within Vietnam's territory must apply for permission from the General Post Office Department.

Amateur radio equipment users must hold a valid amateur radio license; they are obligated to comply with the provisions of this Decree and amateur radio regulations.

The General Post Office Department promulgates amateur radio regulations.

PART IV
MONITORING AND HANDLING HARMFUL INTERFERENCE

Article 65. The General Post Office Department is responsible for:

1. Organizing and managing a nationwide system to monitor and control the use of radio wave transmitting equipment and radio frequencies;

2. Prescribing measures to prevent harmful interference to telecommunication networks, signal transmission facilities, broadcasting and television transmission facilities, and other radio receiving and transmitting facilities in accordance with Vietnamese law and international treaties on radio communications to which the Socialist Republic of Vietnam is a party.

Article 66. Users of radio wave transmitting equipment, equipment generating electric sparks, household electrical and electronic equipment, arc discharge equipment used in industrial, construction, transportation, medical, scientific research, and other fields must implement measures to limit interference as prescribed by the General Post Office Department.

Article 67. When organizations and individuals complain about harmful interference, they must submit a written complaint to the General Post Office Department specifying the time, location, and nature of the interference affecting the affected station. The General Post Office Department handles harmful interference in accordance with Vietnamese law and international treaties on radio communications to which Vietnam is a party.

PART V. THE RADIO FREQUENCY BOARD

Article 68. The Radio Frequency Board is an inter-ministerial organization assisting the Prime Minister:

1. Reviewing strategic projects and frequency planning for radio frequencies before submitting to the Prime Minister;

2. Recommending measures against harmful interference and solutions to ensure safety of radio frequencies between the dedicated telecommunications networks of the Ministry of National Defense, the Ministry of Public Security and public telecommunications networks and other telecommunications networks, signal transmission facilities and broadcasting stations;

3. Monitoring, urging and supervising the coordination between the Ministry of National Defense, the Ministry of Public Security and the General Post Office Department in controlling frequency usage, handling harmful interference, ensuring national security and communication safety.

Article 69. The Radio Frequency Board is chaired by the Director-General of the General Post Office Department, with two Deputy Ministers from the Ministry of National Defense and the Ministry of Public Security serving as Vice Chairmen, and representatives from certain Ministries and sectors designated by the Prime Minister.

The functions, tasks, powers, organizational structure, and activities of the Radio Frequency Board shall be stipulated by the Prime Minister.

 

CHAPTER V
RATES, FEES AND CHARGES FOR POSTAL AND TELECOMMUNICATION SERVICES

Article 70. Postal and telecommunication rates include domestic postal and telecommunication rates and international postal and telecommunication rates.

All agencies, organizations, and individuals using postal and telecommunication services must pay charges according to current regulations.

Fees and charges for postal and telecommunication services and radio frequencies are established and implemented in accordance with the provisions of the law.

Article 71.

1. The Government sets the framework for standard rates for certain postal and telecommunication products and services with high social and public utility.

2. The General Post Office Department sets the framework for standard rates for postal and telecommunication products and services with high social and public utility outside the list prescribed by the Government.

3. Postal and telecommunication enterprises determine the rates for their products and services within the framework set by the State; they also determine the rates for products and services not regulated by the State.

4. Postal and telecommunication rates must be publicly displayed at transaction locations.

Article 72. Postal and telecommunication service providers must refund charges already collected in the following cases:

1. Calculating charges incorrectly according to current regulations;

2. Losing, damaging, or misplacing mail items or consignments due to the provider's fault;

3. Failing to meet the quality standards of the service contract;

4. Delaying delivery time for high-quality services with specified delivery times.

In addition, service providers must compensate for losses in accordance with this Decree.

Article 73. The Ministry of Finance and the General Post Office Department establish types of fees and charges for postal and telecommunication services and radio frequencies, collection levels, and collection methods.

Article 74. The General Post Office Department establishes prices or price frameworks for transactions between enterprises providing postal and telecommunication services.

Payment transactions are conducted through contracts or other written agreements between enterprises.

 

Chapter VI
COMPLAINTS AND COMPENSATION FOR DAMAGES IN POSTAL AND TELECOMMUNICATION SERVICES

CHAPTER I. COMPLAINTS.

Article 75. Users of postal and telecommunication services have the right to complain about errors made by enterprises in providing postal and telecommunication services.

When filing a complaint, relevant documents and evidence related to the complaint must be provided, and the complainant is responsible for the content of the complaint.

Article 76. The statute of limitations for complaints is as follows:

1. For domestic postal services: not more than 12 months from the date of service use;

2. For domestic telecommunication services: not more than three months from the date of service use;

3. For charges: not more than one month from the date of charge payment;

4. For international postal and telecommunication services: carried out in accordance with international treaties on postal and telecommunication services that the Socialist Republic of Vietnam has signed or joined.

Except for special cases prescribed by the Director-General of the General Post Office Department, complaints will not be resolved after the statute of limitations has expired.

Article 77.

1. The complaint receiving body must notify the complainant in writing of receipt of the complaint within 48 hours from the date of receipt.

2. Complaints from users of postal and telecommunication services must be investigated, concluded, and resolved within no more than two months from the date of receipt for domestic postal and telecommunication services, and three months for international postal and telecommunication services.

3. All complaints must be resolved in accordance with the law and the provisions of this Decree. Postal and telecommunication service providers must inform the complainant of the resolution results.

Article 78. Postal and telecommunication service providers have the right to complain about violations by users of postal and telecommunication services or other violations affecting the enterprise's operations or causing damage to the enterprise.

The filing and resolution of complaints shall be carried out in accordance with the law.

PART II. COMPENSATION FOR DAMAGE

Article 79. A postal service provider that fails to perform or performs inadequately its obligations in providing postal services must compensate for damage in accordance with this Decree.

Article 80. The compensation for damage shall be regulated as follows:

1. For registered mail items and express mail items: compensation shall be based on the type of mail item and weight category.

2. For parcels weighing up to 31.5 kilograms: compensation shall be based on weight category.

3. For declared value mail items and parcels: compensation shall be based on the declared value when sending the mail item or parcel.

4. For parcels weighing over 31.5 kilograms (heavy parcels): compensation shall be in accordance with the provisions of the law on cargo transportation.

5. For money in postal financial services: the deposited amount shall be refunded and interest paid according to Clause 2, Article 313, Civil Code.

6. For mail items, parcels, and international money transfer forms: compensation shall be in accordance with the international agreement on postal services.

Additionally, the enterprise must refund the postage fees collected and compensate for taxes paid in Vietnam (if applicable).

Article 81. In cases of compensation for damage involving mail items and parcels, the postal service provider shall only compensate in Vietnamese currency.

Article 82. The compensation amount shall be paid to the sender, but if the sender requests, it may be paid to the recipient.

Specifically, for damaged or partially lost mail items and parcels, if the recipient agrees, the remaining portion shall still be delivered and compensation for the loss or damage shall be provided to the recipient.

After compensation has been made, if the postal service provider verifies that the mail item, parcel, or money was properly delivered or was damaged, delayed, or delivered incorrectly due to the sender's fault, the person who received the compensation must return the compensation amount received.

Article 83. The postal service provider is exempt from liability for compensation for damage in the following cases:

1. Cases of force majeure;

2. Due to the sender's fault;

3. Destruction of the sent item due to its inherent nature;

4. Seizure of mail items, parcels, or money by authorized state agencies in accordance with the law;

5. Regularly mailed items.

Article 84. The Director General of the Posts总局副局长规定损害赔偿的细则和赔偿金额。

Article 85. If a telecommunications service provider fails to ensure the quality or time standards of the service announced or agreed upon in the contract, the provider must refund part or all of the charges collected.

 

Chapter VII
PRODUCTION, ASSEMBLY AND IMPORT OF POSTAL AND TELECOMMUNICATIONS EQUIPMENT AND MATERIALS

Article 86. Postal and telecommunications equipment and materials include specialized equipment and materials on public postal and telecommunications networks and dedicated telecommunications networks.

The Posts总局规定邮政和电信设备及材料的目录，包括单件设备和整套设备。

Article 87. The production and assembly of postal and telecommunications equipment and materials in Vietnam to replace imported goods shall be carried out in accordance with the law and the planning and development plan for the postal industry.

The Posts总局建议有关国家机关制定鼓励国内外组织和个人投资该领域的措施。

Article 88. Postal and telecommunications equipment and materials produced domestically or imported for domestic use must be compatible with Vietnam's postal and telecommunications technology and network, and meet technical standards set by the state.

The Posts总局规定国内生产和进口的邮政和电信设备及材料的质量检验目录，并组织在这些设备和材料获准在市场上流通或安装在邮政和电信网络之前进行质量检验。

 

Chapter VIII
CONSTRUCTION OF POSTAL AND TELECOMMUNICATIONS FACILITIES

Article 89. When constructing postal and telecommunications facilities (including facilities on public postal and telecommunications networks and dedicated telecommunications networks), the project owner must ensure:

1. Investment and construction of the facility in accordance with approved network development plans; compliance with industry-specific construction procedures, norms, and economic and technical standards for postal and telecommunications;

2. Compliance with state regulations on infrastructure construction;

3. Subject to specialized inspection by the Posts总局。

The Posts总局有权暂停或建议有关国家机关暂停建设或安装，如发现违规行为。

Article 90.

1.Postal and telecommunications service providers are given priority:

a) To use airspace, land surface, underground space, riverbeds, and seabeds for the construction of postal and telecommunications facilities;

b) To construct overhead or underwater cables within buildings and along roads, and to build antenna systems and related facilities at necessary locations that meet technical requirements;

c) To construct technical centers, operation and management centers for postal and telecommunications, post offices, public telephone booths, and postal mailboxes at locations that meet technical, operational, and user convenience requirements in cities, residential areas, industrial zones, export processing zones, and other necessary locations;

d) To establish transaction and operation facilities at airports, bus stations, air and sea ports, and other transportation hubs to serve users' needs and for the collection and delivery of domestic and international mail items and parcels.

The design and construction of postal and telecommunications facilities at these transportation hubs shall be the responsibility of the project owner at those locations, with the participation of postal and telecommunications service providers.

2.Construction of such postal and telecommunications facilities shall be carried out in accordance with the law and must obtain approval from the competent state authority.

Article 91. Organizations and individuals, when constructing or repairing their own facilities, must comply with technical regulations to ensure the safety of postal and telecommunications facilities; they must not affect the normal operation of existing postal and telecommunications facilities; they must not cause interference to telecommunications equipment and networks.

Article 92. Telecommunication works belonging to the public telecommunication network shall only be put into operation and exploitation when fully meeting technical criteria and standards for interconnection and integration.

Telecommunication works belonging to the dedicated telecommunication network shall only be put into operation and exploitation when fully meeting technical criteria and standards specified in the design approved by the General Post Office Department.

Article 93. Foreign organizations and individuals wishing to install submarine cables in Vietnam's exclusive economic zone or continental shelf must obtain approval from the Prime Minister of Vietnam.

The General Post Office Department shall accept requests, review them, and submit them to the Prime Minister for consideration and decision.

 

CHAPTER IX
TELECOMMUNICATIONS AND POST ENTERPRISES

Article 94. Telecommunications and post enterprises are businesses established and operating in accordance with the provisions of the law in the following fields:

1. Providing postal and telecommunications services;

2. Producing postal and telecommunications equipment and materials;

3. Exporting, importing, and supplying postal and telecommunications equipment and materials;

4. Consulting, surveying, designing, and constructing postal and telecommunications works.

Other businesses wishing to apply for additional business operations within the above fields must also comply with the provisions of this Decree.

Article 95. Postal and telecommunications service-providing enterprises are state-owned enterprises or joint-stock companies in which the State holds controlling or special shares, established or permitted to be established by the Prime Minister to provide domestic and international postal and telecommunications services in accordance with the provisions of this Decree.

Postal and telecommunications service-providing enterprises must have a network system and equipment consistent with the development plan for the public postal and telecommunications network, and a staff of technical officers and workers commensurate with technological levels and scale of operations.

Article 96. Postal and telecommunications service-providing enterprises have rights and obligations as stipulated by general laws and the following rights and obligations:

1. Equally using the national trunk telecommunication system according to the regulations of the General Post Office Department to provide postal and telecommunications services;

2. Being allocated and assigned frequencies in line with the radio frequency planning; being assigned network codes according to the numbering plan for telecommunication networks of the General Post Office Department;

3. Cooperating with foreign entities in the contents and forms decided by the Prime Minister to develop networks and services;

4. Mobilizing capital in accordance with the law;

5. Enjoying subsidies, price supports, and state regulation when performing production and supply tasks for postal and telecommunications products and services serving disaster prevention, rural areas, mountainous regions, border areas, islands, and other public welfare activities or providing postal and telecommunications products and services at government-set prices;

6. Ensuring continuous network operation and meeting network quality and service standards;

7. Prioritizing service provision for information communication needs of Party and State agencies, security, defense, disaster prevention, and other public welfare activities;

8. Implementing state-prescribed pricing and tariff frameworks; guiding and facilitating users of services;

9. Adhering to regulations and being subject to supervision by competent state authorities in ensuring national security, social order and safety, confidentiality, and information security;

10. Being regulated by the state regarding business activities of postal and telecommunications services in urban areas, densely populated areas, and high-profit postal and telecommunications services to invest in developing postal and telecommunications services in rural, mountainous, border, and island areas.

Article 97. Vietnamese postal and telecommunications service-providing enterprises wishing to act as agents for foreign organizations to provide postal and telecommunications services in Vietnam must obtain permission from the General Post Office Department.

The General Post Office Department shall issue the Agent Regulations for Providing Postal and Telecommunications Services.

Article 98. Postal and telecommunications service providers shall be subject to management, licensing, and regulations by the General Post Office regarding the establishment of networks and the provision of postal and telecommunications services.

Article 99.

1. Enterprises producing, exporting, importing, supplying equipment, materials, constructing postal and telecommunications works, and other enterprises wishing to supplement production and business activities in these sectors shall, depending on their type, be established or have their business scope supplemented according to the provisions of the law, and cooperate with foreign countries in accordance with the Law on Foreign Investment in Vietnam.

2. In addition to general conditions prescribed by law, enterprises producing postal and telecommunications equipment and materials must also meet the following conditions:

a) Possess advanced technology suitable for the development plan of the postal industry;

b) Products must comply with all technical standards set by the state;

c) Production and assembly of radio communication equipment must be permitted by the Prime Minister.

 

Chapter X.
In case of difficulties during implementation, units and localities should report to the Ministry of Health (Traditional Medicine Department) for guidance and resolution./.

Article 100. The specialized Postal Inspection has the duty and authority to inspect organizations and individuals within the country and foreign organizations and individuals in Vietnam concerning compliance with postal and telecommunications laws.

The Government shall stipulate the organization and operation of the specialized Postal Inspection.

Article 101. When conducting inspections, inspection teams or inspectors have the right:

1. To inspect on-site postal and telecommunications means and equipment, radio transmission and reception devices, harmful interference sources;

2. To inspect documents, licenses, certificates related to postal and telecommunications activities; the use of radio transmission equipment and frequencies;

3. To suspend or temporarily suspend, within their authority, or recommend competent state agencies to suspend activities violating postal and telecommunications laws;

4. To impose administrative penalties within their authority, or recommend competent state agencies to handle violations;

5. To recommend measures to address and mitigate consequences caused by law violations.

Article 102. Organizations and individuals must create conditions for inspection teams or inspectors to perform their duties; they must comply with decisions made by inspection teams or inspectors.

Article 103. The specialized Postal Inspection must abide by the law and bear responsibility before the law for its activities.

Article 104.

1. Organizations and individuals have the right to lodge complaints or denunciations with competent state agencies regarding violations of postal and telecommunications laws and radio frequency usage.

Agencies receiving complaints or denunciations have the responsibility to examine and resolve them according to the law.

2. Organizations and individuals have the right to appeal to the head of the agency issuing the inspection decision regarding the conclusions and handling measures of the inspection team or inspector; to denounce violations of the law by the inspection team or inspector during the inspection process.

Article 105. Organizations and individuals violating this Decree shall be dealt with according to the law.

 

CHAPTER XI
IMPLEMENTING PROVISIONS

Article 106. This Decree takes effect fifteen days from the date of signature to replace the Postal and Telecommunications Regulations issued together with Decision No. 121/HĐBT dated August 15, 1987 of the Council of Ministers (now the Government).

All previous regulations contrary to this Decree are hereby abolished.

The Director of the General Post Office is responsible for guiding and supervising the implementation of this Decree.

Article 107. The Director of the General Department of Posts and Telecommunications, the Ministers, the Heads of ministerial-level agencies, the Heads of government-affiliated agencies, the Chairpersons of the People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.