✦ Tóm lược thông minh
Decree No. 128/2007/ND-CP stipulates the operation and use of express services in Vietnam for relevant organizations and individuals. This decree does not regulate postal, logistics, and international multimodal transport services. Key points include business licensing for express mail services, regulations on business notification, responsibilities of enterprises and service users, complaint resolution and dispute settlement, and violation handling.
Đối tượng áp dụng
Organizations and individuals related to the operation and use of express services in Vietnam.
Các điểm cốt lõi
- Enterprises established under Vietnamese law may engage in express service business when they have a Business Registration Certificate or Investment Certificate, with foreign capital contribution up to a maximum of 51%.
- Enterprises must notify their express service business operations to the competent state agency within thirty days from the date of service provision.
- Issuance of an Express Service Business License can only be carried out after thirty days from receipt of complete application files, and the enterprise must pay related fees as prescribed by law.
- Enterprises are responsible for compensating users for losses except in cases where liability is exempted.
- Users of the service are obligated to fully pay the freight charges, bear responsibility for the content of information in the form of documents, parcels, and goods packages.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Creating opportunities for enterprises to engage in express service business, enhancing competition and improving service quality.
- Negative impact: May impose cost burdens on service users who must comply with regulations on private information and security.
- Enterprises engaged in express service business are responsible for compensating losses, increasing operational costs.
❓ Câu hỏi thường gặp
What are the conditions for enterprises to engage in express service business?
Enterprises must have a Business Registration Certificate or Investment Certificate, with foreign capital contribution up to a maximum of 51%. They also need a business plan and measures to ensure safety and security in operations.
What is the deadline for notifying express service business operations?
Enterprises must notify their business operations no later than thirty days from the date of service provision. The notification includes a notification letter, Business Registration Certificate, or Investment Certificate.
What is the deadline for issuing an Express Service Business License?
Within thirty days from receiving complete application files, the competent state agency will review and issue the license. If the license is not issued, the reasons must be clearly stated in writing within this period.
What obligations do users of express service have?
Users of the service are obligated to fully pay the freight charges, bear responsibility for the content of information in the form of documents, parcels, and goods packages. They must also comply with legal provisions prohibiting or restricting circulation of certain information.
What responsibilities do enterprises engaged in express service business have?
Enterprises are responsible for compensating users for losses except in cases where liability is exempted. They must also publish quality standards, ensure safety and privacy of customer information.
Toàn văn
DECREE
On Express Delivery Services
_________
THE GOVERNMENT
Pursuant to the Government Organization Law dated December 25, 2001;
Pursuant to the Posts and Telecommunications Ordinance dated May 25, 2002;
Considering the proposal of the Minister of Posts and Telecommunications,
DECREE:
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Decree stipulates the operation of express delivery services for information in the form of documents and parcels of goods in Vietnam, hereinafter referred to as express delivery services.
2. This Decree does not regulate the business and use of postal services; logistics services; international multimodal transport services; air, sea, inland waterway, rail, and road transportation delivery services.
Article 2. Applicability
This Decree applies to organizations and individuals related to the business and use of express delivery services in Vietnam.
Article 3. Application of International Treaties
In cases where international treaties to which Vietnam is a party provide different provisions from this Decree, such provisions shall be implemented in accordance with the international treaty.
Article 4. Definitions
In this Decree, the following terms are understood as follows:
1. An express delivery service is the performance of one, several, or all stages of collection, sorting, transportation, and delivery of information in the form of documents and parcels of goods using physical means.
The express delivery service for information in the form of documents includes both combined express delivery services (combined with electronic means) and direct mail advertising express delivery services (advertising publications sent to multiple addresses).
2. Express delivery is an express delivery service characterized by speed and high reliability. It also includes added value factors such as pick-up at the sender's address, hand-delivery to the recipient, tracking and positioning, the ability to change the delivery location and address while in transit, notification of delivery, and other added value factors.
3. Information in the form of documents is information expressed on any physical medium, including letters and other forms of document-based information (excluding letters).
4. A letter is information in the form of a document that is packaged, sealed, weighs no more than two kilograms per piece, and has a recipient address. General instructions for delivery locations are also considered recipient addresses.
5. An enterprise providing express delivery services is an enterprise supplying express delivery services to customers and is responsible for the services provided. Such enterprises may perform or hire other organizations or individuals to perform one, several, or all stages of the service.
6. Exclusive scope refers to the exclusive range of services that only the Vietnam Post, the state-owned postal enterprise established in accordance with the law to ensure the fulfillment of public obligations, is permitted to provide.
Article 5. Exclusive Scope for Vietnam Post
1. Vietnam Post is exclusively authorized to supply express delivery services for information in the form of documents with recipient addresses within the volume and tariff levels specified by the Ministry of Posts and Telecommunications for each period. This exclusive scope does not include the provision of express delivery services for books, newspapers, magazines, and regular publications.
2. Other express delivery enterprises are permitted to provide express delivery services for information in the form of documents with recipient addresses outside the volume and tariff levels reserved for Vietnam Post.
3. The Ministry of Posts and Telecommunications shall announce the roadmap for opening up the market for express delivery services consistent with Vietnam's commitments under the World Trade Organization (WTO) regarding express delivery services.
Article 6. Contents of State Management on Express Delivery Services
1. Establishing and promulgating legal normative documents, policies, and plans for operating and using express delivery services.
2. Directing and organizing the enforcement of regulations related to the operation and use of express delivery services.
3. Inspecting, auditing, and handling violations in the operation and use of express delivery services.
Article 7. State Management Authority over Express Delivery Services
1. The Government shall uniformly manage state activities concerning the operation and use of express delivery services throughout the country.
2. The Ministry of Posts and Telecommunications shall be responsible before the Government for leading and coordinating with relevant ministries and sectors to implement state management over the operation and use of express delivery services.
3. Ministries, agencies at the ministerial level, and People's Committees of provinces and centrally governed cities within their respective tasks and authorities shall have the responsibility to coordinate with the Ministry of Posts and Telecommunications to implement state management over the operation and use of express delivery services.
4. Departments of Posts and Telecommunications shall be specialized agencies assisting the People's Committees of provinces and centrally governed cities in performing state management functions over the operation and use of express delivery services locally.
Article 8. Application of Export and Import Procedures in International Express Delivery Services
1. Information in the form of text, parcels, and packages when exported or imported must complete customs, cultural, quarantine, and other procedures as prescribed by law.
2. Enterprises operating international express delivery services, when acting as legitimate representatives of service users, may perform the procedures stipulated in Clause 1 of this Article and charge service users a fee for these services.
3. Service users shall have the obligation to pay enterprises operating express delivery services for taxes, fees, and charges that the enterprises have paid to competent state agencies when performing the procedures stipulated in Clause 1 of this Article.
Article 9. Safety and Security in Express Delivery Services
1. Ensuring safety and security in express delivery services is the responsibility of all organizations and individuals.
2. Users of express delivery services shall have the responsibility to comply with legal provisions and enterprise regulations regarding safety and security in express delivery services.
3. Enterprises operating express delivery services must apply measures to ensure safety and security in express delivery services.
4. Enterprises operating express delivery services shall have the responsibility to cooperate and meet necessary conditions for competent state agencies to carry out investigative measures as prescribed by law to protect national security and maintain public order and social safety.
Competent state agencies, when implementing tasks to protect national security and maintain public order and social safety as prescribed by law, shall create conditions for enterprises operating express delivery services to ensure business operations and service quality.
Article 10. Ensuring Confidentiality of Personal Information
1. Personal information related to the use of express delivery services shall be ensured confidentiality.
2. Opening and inspecting information in the form of text (except letters), parcels, and packages can only be carried out in the following cases:
a) Opening to handle, repackage when damaged, or torn packaging;
b) Opening to present to competent state agencies during export and import procedures as stipulated in Clause 1 and Clause 2 of Article 8 of this Decree;
c) Opening to handle according to the regulation on non-delivery between the Ministry of Posts and Telecommunications and the Ministry of Finance. Information in the form of text, parcels, and packages shall be considered non-deliverable when there is sufficient evidence to determine that the recipient refuses to accept and the sender also refuses to take back, or after twelve months from the date of sending, it cannot be delivered to the recipient and cannot be returned to the sender.
3. Searching and seizing information in the form of text, parcels, and packages can only be carried out upon a decision by a competent state agency as prescribed by law.
Article 11. Prohibition on Sending Items in Express Delivery Services
1. Publications, items, goods that Vietnam prohibits from circulation, export, or import, or publications, items, goods that the receiving country prohibits from import.
2. Explosive, flammable, dangerous substances or objects.
3. Objects or substances causing hygiene issues or environmental pollution.
4. Vietnamese currency, negotiable instruments with value equivalent to Vietnamese currency.
5. Foreign currency, negotiable instruments with value equivalent to foreign currency.
Chapter II
EXPRESS DELIVERY SERVICES BUSINESS, LICENSE FOR EXPRESS LETTER SERVICES BUSINESS AND OTHER PROVISIONS
Section 1
EXPRESS DELIVERY SERVICES BUSINESS
Article 12. Enterprises Engaged in Express Delivery Services Business
1. An enterprise established under Vietnamese law may engage in express delivery services business when it has a Certificate of Registration for Express Delivery Services Business for domestic investment enterprises or a Certificate of Investment in the express delivery sector in Vietnam for foreign-invested enterprises with up to 51% foreign equity contribution.
2. A foreign-invested enterprise with more than 51% foreign equity contribution or a wholly foreign-owned enterprise may engage in express delivery services business from January 11, 2012.
3. An enterprise engaged in express letter delivery services must have a license for express letter delivery services business issued by the competent authority as stipulated in Article 15 and Article 17 of this Decree.
Article 13. Notification of Express Delivery Services Business Activities
1. An enterprise engaged in express delivery services shall be responsible for notifying its business activities to the relevant state authorities as follows:
a) The Postal and Telecommunications Department (for cases where express delivery services are conducted within the province only);
b) The Ministry of Postal and Telecommunications (for other cases).
2. The notification of business activity dossier includes:
a) A notification document regarding the operation of express delivery services;
b) A certified copy of the Certificate of Registration for Express Delivery Services Business or the Certificate of Investment in the express delivery sector in Vietnam;
c) A sample of the supply and use service contract;
d) Tariff table, service quality, and limit of liability for compensation in case of damage.
3. An enterprise engaged in express delivery services must notify at least 30 days before commencing service provision by submitting the notification dossier as prescribed in Clause 2 of this Article to the relevant competent authority as specified in Clause 1 of this Article.
4. The notification of business activities shall be made initially when the enterprise begins providing services and again when the enterprise changes the contents specified in Points c and d of Clause 2 of this Article. The notification dossier and procedures for resubmission are the same as those for the initial notification as prescribed in Clause 2 of this Article.
Article 14. Confirmation of Notification of Express Delivery Services Business Activities
1. The relevant state authority as specified in Clause 1 of Article 13 of this Decree shall send a confirmation in writing to the enterprise engaged in express delivery services within 10 working days from the date of receipt of the complete business activity notification dossier.
2. In cases where the notification dossier is incomplete or the notification content is inaccurate, the relevant state authority as specified in Clause 1 of Article 13 of this Decree shall guide the enterprise engaged in express delivery services to amend and supplement within 10 working days from the date of receipt of the business activity notification dossier.
3. During the process of notifying business activities, the enterprise engaged in express delivery services may continue to provide services according to the Certificate of Registration for Express Delivery Services Business or the Certificate of Investment in the express delivery sector in Vietnam.
Section 2
LICENSE FOR EXPRESS LETTER SERVICES BUSINESS
Article 15. Conditions for Issuing a Business License for Mail Delivery Services
A business shall be granted a Business License for mail delivery services if it meets all of the following conditions:
1. Possessing a Certificate of Registration for Mail Delivery Services or an Investment Certificate in the field of mail delivery in Vietnam as prescribed in Clause 1, Article 12 of this Decree.
2. Having a business plan.
3. Having measures and conditions to ensure safety and security during the operation of mail delivery services.
4. The legitimate representative of the business operating mail delivery services must have at least one year of experience in the postal or mail delivery sector.
Article 16. Procedures for Issuing a Business License for Mail Delivery Services
1. A business meeting the conditions stipulated in Article 15 of this Decree shall submit an application file for a Business License for mail delivery services to the competent state agency as prescribed in Article 17 of this Decree. The application file includes:
a) An application form for a Business License for mail delivery services;
b) A certified copy of the Certificate of Registration for Mail Delivery Services or an Investment Certificate in the field of mail delivery services in Vietnam;
c) A business plan;
d) A sample contract for supply and use of services;
đ) A tariff schedule, service quality standards, and liability limit for compensation in case of damage.
2. In cases where the application file for licensing is incomplete or contains inaccurate information, the competent state agency as prescribed in Article 17 of this Decree shall guide the business to amend and supplement within ten working days from the date of receipt of the application file for business licensing.
3. Within thirty days from the date of receiving a complete application file as prescribed in Clause 1 of this Article, the competent state agency as prescribed in Article 17 of this Decree shall review and issue the Business License. If the Business License is not issued, the competent state agency as prescribed in Article 17 of this Decree must provide a written explanation of the reasons within the aforementioned time frame.
4. The Ministry of Posts and Telecommunications shall specify detailed regulations on conditions, procedures for reviewing application files, and issuing a Business License for mail delivery services.
5. A business granted a Business License for mail delivery services shall have the obligation to pay related fees and charges as prescribed by law.
Article 17. Competent Authority for Issuing a Business License for Mail Delivery Services
1. The Department of Posts and Telecommunications shall issue a Business License for mail delivery services only within the province's scope.
2. The Ministry of Posts and Telecommunications shall issue a Business License for other cases.
Article 18. Revocation of a Business License for Mail Delivery Services
1. The competent state agency as prescribed in Article 17 of this Decree has the right to revoke a Business License if the business operating mail delivery services violates any of the following circumstances:
a) Failing to ensure safety and security conditions during the provision of mail delivery services;
b) Not providing services within one year from the date of issuance of the Business License;
c) Other revocation cases as prescribed by law.
2. A business whose Business License for mail delivery services has been revoked shall not be allowed to reapply for a license within two years from the date of the decision to revoke the Business License by the competent state agency. After two years, if the business wishes to apply for a new Business License, it must follow the procedure for applying for a new Business License.
Section 3
OTHER PROVISIONS
Article 19. Forms of Contracting for Supply and Use of Services
1. The supply and use of express delivery services shall be based on a written contract or other forms of contracting agreed upon by the parties.
2. Receipts, certificates, valid waybills, and other forms of documentation reflecting the agreement between the express delivery service business and the service user serve as the basis for determining the rights and obligations of the parties in the contract.
3. The main terms of the contract for the supply and use of express delivery services include:
a) The parties to the contract;
b) Type of service;
c) Time, location, and method of service provision;
d) Quality, tariff, and payment method;
đ) Rights and obligations of the parties;
e) Liability and penalties for breach of contract.
4. The contract for the supply and use of express delivery services must be expressed in Vietnamese.
Article 20. Rights and Obligations of Businesses
1. Express delivery service businesses have the right:
a) To request senders to check the content of information in written form (except for letters), parcels, and packages requested for express delivery;
b) To refuse to provide express delivery services for information in written form, parcels, and packages that do not meet the requirements and conditions for express delivery set by the express delivery service business or violate the provisions of Article 11 of this Decree.
2. Express delivery service businesses have the obligation:
a) To provide full information about the service to users including quality standards, tariffs, liability for compensation, and related information through methods such as posting at transaction locations, direct information to users, printing on flyers, advertising the service, and other methods;
b) To guide users on how to package and wrap information in written form, parcels, and packages to ensure safety during the delivery process;
c) To clearly announce solutions and measures for handling cases where delivery cannot be made;
d) To ensure the quality standards of express delivery services according to the announced quality standards;
đ) To ensure safety in express delivery services: protecting the safety of information in written form, parcels, and packages, ensuring the safety of employees, and ensuring the safety of the delivery network;
e) To ensure security in express delivery services: keeping confidential personal information about service users; not opening, swapping contents of information in written form, parcels, and packages unless prescribed by law or otherwise agreed upon by both parties;
g) To receive and resolve complaints from service users;
h) To compensate service users for damages according to the agreement in the supply and use service contract and according to the provisions of the law;
i) To pay on behalf of service users any taxes, fees, and charges (if applicable).
Article 21. Rights and Obligations of Service Users
1. Service users have the right:
a) To request express delivery service businesses to provide full information about the service;
b) To be guaranteed confidentiality of personal information and safety of information in written form, parcels, and packages;
c) To request express delivery service businesses to resolve complaints about used services;
d) To be compensated for damages according to the agreement in the supply and use service contract and according to the provisions of the law.
2. Service users have the obligation:
a) To bear legal responsibility for the content of information in written form, parcels, and packages;
b) To comply with legal regulations prohibiting or restricting circulation of information in written form, parcels, and packages;
c) To use correct names and addresses when using express delivery services and only use the names and addresses of others if authorized;
d) To fully pay the tariffs for used services;
đ) To compensate the damaged party for damages arising from the fault of the service user as prescribed by law.
Article 22. Quality Standards for Services
1. Enterprises providing express delivery services must establish and publicize quality standards for express delivery services.
2. The minimum quality standards for express delivery services shall include the following criteria:
a) Transit time is the period from when information in the form of text, parcels, or packages is received for sending until it is delivered to the recipient address.
b) Safety level refers to the extent to which information in the form of text, parcels, or packages is delivered to the recipient address in its original condition without damage or tearing.
c) Complaint resolution time.
d) Liability for compensation for damages.
3. Enterprises providing express delivery services are responsible for implementing the quality standards for express delivery services that have been publicized.
Article 23. Tariff for Service
1. The tariff for express delivery services is determined by enterprises providing express delivery services.
2. For express delivery services involving information in the form of text with a recipient address, enterprises providing express delivery services may determine the tariff outside the tariff set by the Ministry of Posts and Telecommunications for the exclusive territory of Vietnam Post.
Chapter III
DISPUTE RESOLUTION AND COMPENSATION
Section 1
DISPUTE RESOLUTION AND SETTLEMENT
Article 24. Complaints and Resolution of Complaints between Parties
1. The complainant must provide relevant documents, evidence, and be responsible for the content of their complaint.
2. The statute of limitations for complaints regarding domestic and international express delivery services is a maximum of six months, starting from the date of sending the express delivery.
3. When the statute of limitations for complaints stipulated in Clause 2 of this Article has expired, the enterprise providing express delivery services will not be responsible for resolving the complaint.
4. The time limit for resolving complaints is as follows:
a) For domestic express delivery services, the maximum is two months, starting from the date of receiving the complaint;
b) For international express delivery services, the maximum is three months, starting from the date of receiving the complaint.
5. When the time limit for resolving complaints stipulated in Clause 4 of this Article has expired, the enterprise providing express delivery services must resolve compensation for damages (if any) for service users according to the provisions on compensation for damages in Section 2, Chapter III of this Decree.
6. Complaints against administrative decisions or administrative acts of individuals or competent authorities shall be resolved in accordance with the law on complaints and denunciations.
Article 25. Settlement of Disputes
Disputes arising from the provision and use of express delivery services must first be resolved through negotiation between the parties. In cases where no agreement is reached, the aggrieved party has the right to initiate legal proceedings in accordance with the law.
Section 2
COMPENSATION FOR DAMAGES
Article 26. Liability for Compensation for Damages of Enterprises
1. When damage occurs, enterprises providing express delivery services have the responsibility to compensate for damages to service users, except in cases where liability for compensation for damages is exempted as provided in Clause 2 of this Article.
2. Enterprises providing express delivery services are exempt from liability for compensation for damages in the following cases:
a) Types of services without confirmation documents for sending;
b) Delivered according to the agreement in the service supply and use contract and the service user did not raise any complaints at the time of receipt;
c) Damaged or lost due to the fault of the service user or due to the natural characteristics of the information in the form of text, parcels, or packages;
d) Seized or destroyed in accordance with the law;
đ) Seized under the laws of the receiving country and notified in writing by these countries (for international express delivery);
e) Cases of force majeure as prescribed by law.
Article 27. Liability for Compensation of Damage of Service Users
1. The service user shall be liable to compensate for damage arising from the dispatch and delivery of publications, items, and goods prohibited under Article 11 of this Decree.
2. The liability for compensation of damage of the service user in the cases stipulated in Clause 1 of this Article shall not exceed the limit of liability for compensation of damage of the business operating express delivery services in similar cases.
Article 28. Principles of Compensation for Damage
1. An express delivery business that is prescribed with a limit of liability for compensation of damage shall not have such limit lower than the limit of liability for compensation of damage prescribed by the Ministry of Posts and Telecommunications.
2. The compensation money shall be paid in Vietnamese currency.
3. The compensation money shall be paid to the sender. In case the information in the form of documents, parcels, or packages is partially damaged or lost and the recipient agrees to accept them, the compensation money shall be paid to the recipient. The amount of compensation shall be determined based on actual damage and calculated according to the market price of similar items or goods at the location and time when they were accepted, but shall not exceed the compensation amount in the event of total loss or damage of the parcel or package.
4. An express delivery business shall not be liable to compensate for indirect damage or lost benefits caused by the provision of services that do not meet quality standards.
Chapter IV
REPORTING, INSPECTION, AUDIT AND VIOLATION HANDLING
Article 29. Reporting Obligations of Express Delivery Businesses
1. For businesses operating express delivery services within the province, there is an obligation to report to the Provincial Postal and Telecommunications Department on their business operations for the year. For other cases, there is an obligation to report to the Ministry of Posts and Telecommunications on their business operations for the year.
2. The latest date for submitting the report is January 10 of the following year.
3. The contents of the report include: number of transaction points; number of complaints and compensation for damage; results of production and business activities. In necessary cases, the competent state agency as stipulated in Clause 1 of this Article may require the business to submit a special report.
Article 30. Inspection and Supervision
Organizations and individuals involved in business and use of express delivery services in Vietnam are subject to inspection and audit by the Postal and Telecommunications Inspectorate and Information Technology and other competent state agencies as provided by law.
Article 31. Handling Violations
Organizations and individuals who violate the law in business and use of express delivery services shall be subject to administrative penalties or criminal prosecution as prescribed by law.
Chapter V
IMPLEMENTING PROVISIONS
Article 32. Effectiveness
1. This Decree takes effect fifteen days after its publication in the Official Gazette.
2. Abolish all Sections 2 and 3 of Chapter V and Clauses 2 and 3 of Article 40 of Chapter VII of Decree No. 157/2004/NĐ-CP dated August 18, 2004 of the Government detailing certain provisions of the Ordinance on Posts and Telecommunications regarding postal services and guiding documents based on the provisions abolished in this Clause.
Article 33. Transitional Provisions
1. Businesses currently operating express delivery services before this Decree takes effect shall complete the notification procedures for operating express delivery services with the competent state agency as stipulated in Article 13 of this Decree within three months from the date this Decree takes effect.
2. Businesses currently operating letter delivery services before this Decree takes effect shall complete the procedures to request the competent state agency as stipulated in Article 17 of this Decree to issue a Business License for letter delivery services in accordance with the Ordinance on Posts and Telecommunications and this Decree within six months from the date this Decree takes effect.
Article 34. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.
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