Decree No. 157/2004/ND-CP provides detailed regulations on postal services pursuant to the Ordinance on Posts and Telecommunications.

DECREE

Regarding the detailed implementation of certain provisionsof the Ordinance on Posts and Telecommunications concerning posts

 _____________________

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

At the proposal of the Minister of Posts and Telecommunications,

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree specifies detailed implementation of certain Articles of the Ordinance on Posts and Telecommunications (hereinafter referred to as the Ordinance) regarding postal services applicable to organizations and individuals in Vietnam; and to foreign organizations and individuals conducting activities in the postal sector in Vietnam.

Article 2. Postal safety and information security

1. Protecting postal safety and information security is the responsibility of all organizations and individuals.

2. The Vietnamese Post, enterprises operating mail delivery services shall be responsible for applying measures to ensure postal security including security for letters, parcels, packages, and staff; security for the public postal network and the delivery network.

Users of postal services shall be responsible for complying with legal regulations, the Vietnamese Post's regulations, and enterprises' regulations on postal security and information security.

3. The Vietnamese Post, enterprises operating mail delivery services shall be responsible for coordinating, supporting, and creating conditions for competent state agencies to carry out operational measures to monitor the assurance of information security. Competent state agencies when performing these tasks must create conditions for enterprises to ensure service quality.

Article 3. Ensuring confidentiality of personal information

1. Personal information related to letters, parcels, and packages shall be kept confidential.

2. Opening and inspecting letters, parcels, and packages may only be carried out in the following cases:

a) Parcels (excluding letters) and packages may be opened for handling and re-packaging when they are damaged or their packaging is torn;

b) Unclaimed letters, parcels, and packages shall be handled according to the prescribed regulations;

c) Parcels (excluding letters), international packages may be opened by enterprises to present to competent state agencies when enterprises act on behalf of users to handle export and import procedures as stipulated in Article 4 of this Decree.

3. Searches and seizures of letters, parcels, and packages can only be conducted upon a decision by a competent state agency in accordance with the law.

Article 4. Implementing export and import procedures for letters, parcels, and packages

1. Letters, parcels, packages when exported or imported must go through customs, cultural, quarantine, and other procedures depending on their contents and must pay all types of taxes, fees, and charges as prescribed by law.

2. The Vietnamese Post, enterprises operating mail delivery services may act on behalf of users to perform the procedures specified in Clause 1 of this Article and may collect from users a fee for this service.

3. Users of services have the obligation to reimburse the taxes, fees, and charges that the Vietnamese Post or enterprises operating mail delivery services have paid on their behalf to the customs authority or competent authority.

 

Chapter II

POST NETWORK AND SERVICES

Section 1

Public Postal Network

Article 5. Construction and Development of the Public Postal Network

1. The public postal network consists of central hubs, post offices, service points, and public mailboxes connected by transportation and delivery routes.

2. The public postal network shall be constructed and developed in accordance with strategies and plans for postal development approved by competent state authorities. 

3. Central hubs, post offices, service points, public mailboxes shall be prioritized to be located at railway stations, bus terminals, seaports, airports, border gates, residential areas, and other public places to serve the needs of users.

4. When planning and approving overall designs of localities, urban areas, residential zones, industrial zones, export processing zones, new economic zones, and other public works, relevant agencies and organizations shall be responsible for allocating land for construction of facilities belonging to the public postal network in accordance with the postal development plan, facilitating the provision and use of universal postal services.

Investors in construction projects shall be responsible for coordinating with the Vietnamese Post during the design and construction phases to ensure consistency in investment and construction.

Article 6. Operations of the Public Postal Network

1. The public postal network must operate continuously on all working days. Collection and delivery to addresses must be carried out at least once a day on working days, except in regions with special geographical conditions. The minimum opening hours for transaction post offices in provincial and centrally-administered city centers are eight (08) hours per working day, and for service points are four (04) hours per working day.

2. The Ministry of Posts and Telecommunications decides on the establishment and approval of exchange post offices handling bags and packages of letters with foreign countries (foreign exchange post offices, border gate post offices). The Vietnamese Post decides on the establishment and approval of other post offices and service points within the public postal network.

3. Transaction post offices and service points must display signs and opening hours. Tariffs, quality standards, and related information about postal services must be publicly provided at transaction post offices and service points.

4. The date stamps of post offices and service points are used to determine the time and location of service provision by the Vietnamese Post. It is strictly prohibited to use date stamps that do not correspond to the actual time and location of service provision.

5. The color of public mailboxes and the emblem of the Vietnamese Post on mailboxes must be consistent across the entire public postal network. Mailboxes must contain information about collection times and the number of collections per day..

6. Specialized transportation vehicles of the Vietnamese Post must have uniform colors and emblems and are entitled to priority passage on ferries, pontoon bridges, and priority entry, exit, and parking in cities according to the law.

7. Bags and packages of letters and parcels in transit may not be opened for inspection. In cases where there is a decision from a competent state agency, the inspection of bags and packages of letters and parcels shall be conducted at the nearest post office. Procedures for inspecting bags and packages of letters and parcels must be carried out in accordance with the law.

Section 2

Specialized Postal Network

Article 7. Specialized Postal Network

1. The dedicated postal network is organized to serve the specific information needs of Party and State agencies.

The organization, operation, and service targets of the aforementioned dedicated postal network shall be regulated by the Ministry of Posts and Telecommunications.

2. Armed forces are organized with dedicated postal networks to meet their specific information needs.

The organization and operation of dedicated postal networks for armed forces shall be regulated by competent state authorities.

3. The operation of dedicated postal networks must ensure the following principles:

a) Dedicated postal networks may not be used for business purposes;

b) The connection between specialized postal networks and the public postal network shall be based on contracts or agreements. The Vietnamese Post shall be responsible for prioritizing exploitation, transportation, and applying measures to ensure absolute security for bags and packages of specialized postal networks.  

Section 3

Postal services

Article 8. Conditions for accepting and sending postal items

Parcels and packages can only be accepted for sending if they do not contain prohibited items as stipulated. Parcels and packages must meet all requirements concerning size, packaging, and other conditions (if conditional sending); they must bear full names and addresses of the sender and recipient and pay the required postage, except in cases where the Vietnamese Post and users have agreed otherwise. 

Article 9. Delivery of postal items

1. Letters weighing up to 500 grams under universal postal services shall be delivered to the recipient's address. For other types of parcels and packages, depending on service capacity, the Vietnamese Post may organize delivery to the recipient's address or deliver them to the recipient at the post office or service point. 

2. All organizations and individuals shall be responsible for creating conditions for the Vietnamese Post to deliver parcels and packages to the recipient's address. The recipient's address includes: the address of the recipient recorded on the parcel or package, the recipient's mailbox, the rented mailbox of the recipient (located at the post office or service point). Encouragement is given to the installation of mailboxes in convenient locations for letter delivery.

3. Developers of construction projects or management units of high-rise buildings including apartment complexes, residential complexes, commercial areas, office areas (with more than five independent addresses) must install centralized mailboxes in convenient and safe locations. To create favorable conditions for Vietnam Post to provide services.

Article 10. Unclaimed postal items

1. Postal items are considered unclaimed if they fall into any of the following cases:

a) The recipient refuses to accept them and the sender refuses to reclaim them;  

b) They cannot be delivered to the recipient and cannot be returned to the sender within twelve months from the date of dispatch.

The twelve-month period mentioned above does not apply to cases where goods in postal items are easily damaged, cause hygiene issues, environmental pollution, or where the case specified in point a of this clause applies.

2. The handling of unclaimed mail items must be carried out by a council. The composition of the council, the procedures, and the methods for handling unclaimed mail items shall be prescribed by the Ministry of Posts and Telecommunications and the Ministry of Finance.

Chapter III

PROVISION OF PUBLIC INTEREST POSTAL SERVICES

Article 11. Public interest postal services

1. Universal postal services include universal postal service and mandatory postal service, which are essential services to society guaranteed by the State to provide according to standards, quality, and tariff rates set by competent state management agencies.

2. The Ministry of Posts and Telecommunications shall submit specific decisions regarding types of universal postal services to the Prime Minister. Based on the Prime Minister's decision, the Ministry of Posts and Telecommunications shall coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies to specify mechanisms, measures, and organize the provision of universal postal services through orders placed with Vietnam Post at each stage.

Article 12. Implementation of the obligation to provide public interest postal services

1. Vietnam Post is a business entity responsible for fulfilling the obligation to provide universal postal services. In necessary cases, the Ministry of Posts and Telecommunications shall propose to the Prime Minister to decide on requiring businesses operating letter delivery services to perform public service tasks and financial mechanisms to carry out these tasks. 

2. The State supports Vietnam Post in fulfilling the obligation to provide public interest postal services through:

a) Exclusive postal services: Vietnam Post is provided with acceptance, transportation, and delivery services with volume and rates determined by the Ministry of Posts and Telecommunications; 

b) Preferential credit for development, tax benefits, and other incentives as prescribed by law.

3. In cases where the above support mechanisms do not ensure the maintenance of the provision of universal postal services, Vietnam Post shall be responsible for preparing plans to submit to the Ministry of Posts and Telecommunications. The Ministry of Posts and Telecommunications shall take the lead and coordinate with relevant agencies to review and submit to the Prime Minister for consideration of subsidies and price supports to fulfill Vietnam Post's obligation to provide universal postal services as stipulated by law.

4. Vietnam Post must account separately for public interest postal services to implement compensation mechanisms from support sources.

Chapter IV

POSTAGE STAMPS

 Article 13. Issuance of postage stamps  

1. The Ministry of Posts and Telecommunications is the sole authority issuing postage stamps bearing the inscription "Vietnam".

2. Postage stamps are issued based on annual programs and topics and implemented in accordance with regulations of the Ministry of Posts and Telecommunications.

3. Postage stamps must comply with Vietnamese Standards for postage stamps.

Article 14. Printing of postage stamps

1. The printing of postage stamps must ensure confidentiality in accordance with state regulations.

2. Printing images of postage stamps on publications must use sample stamps (postage stamps printed with the word specimen), canceled postage stamps, postage stamps crossed out for cancellation at the corner, or postage stamps canceled with the price printed on the stamp.

3. The Ministry of Posts and Telecommunications shall specify regulations on the printing of postage stamps.

Article 15. Price printed on the face of postage stamps and sale price of postage stamps

1. The price printed on the face of postage stamps shall be decided by the Ministry of Posts and Telecommunications.

2. Vietnam Post must comply with the regulations on the sale price of postal stamps as stipulated in Clause 3, Article 21 of the Ordinance, except for postal stamps that have been cancelled.

Article 16. Suspension, Termination, Prohibition of Circulation

1. Postal stamps shall be suspended during printing or after issuance if there are serious errors. The suspension and termination of postal stamps shall be decided by the Ministry of Posts and Telecommunications.

2. No organization or individual may engage in business, store, or collect postage stamps that have been discontinued, prohibited from circulation, or contain unhealthy, inciting, or discriminatory content against ethnic groups, contrary to local customs and traditions.

3. The recovery, inventory, and destruction of postal stamps that have been suspended, terminated, or prohibited from circulation must be carried out in accordance with the regulations of the Ministry of Posts and Telecommunications.

Article 17. Handling of Expired Postal Stamps

1. Upon expiration of the issuance period, the remaining quantity of postal stamps on the public postal network shall be recovered, inventoried, and destroyed according to the regulations of the Ministry of Posts and Telecommunications.

2. After the issuance period, postal stamps still retain their value for payment of postal service fees and can be used for stamp collecting purposes.

Chapter V

THE PARTIES INVOLVED IN PROVIDING AND USING SERVICES,

CONDITIONS FOR POSTAL ACTIVITIES

Section 1

Vietnam Post

Article  18. Organization and Activities of Vietnam Post

1. Vietnam Post is the only state-owned enterprise in the postal sector, conducting business operations in accordance with the law and performing public service tasks according to national postal development strategies, plans, and other urgent public service tasks as required by competent state agencies.

2. Vietnam Post has the international trading name of VIETNAM POST and is the only entity allowed to use the phrase "Vietnam Post".

Article 19. Establishment of Public Postal Network and Provision of Services

1. Vietnam Post is obligated to establish a nationwide public postal network according to approved planning to provide public postal services and other services.

2. Vietnam Post shall report to the Ministry of Posts and Telecommunications on the use of the public postal network to operate financial, savings, money transfer, newspaper publishing, and other services mentioned in point g, Clause 2, Article 23 of the Ordinance.

3. Vietnam Post is obligated to facilitate the connection of courier service enterprises to the public postal network based on contracts.

Article 20. Provision of International Postal Services

Vietnam Post participates in international postal service activities and other services within the framework of World Postal Union treaties and other international treaties in the postal field that Vietnam has signed or joined. Vietnam Post shall be responsible for implementing related provisions as required by the World Postal Union and the Ministry of Posts and Telecommunications.

Section 2

Courier Service Enterprises

Article 21. Conditions for Operating Courier Service

1. Enterprises of all economic sectors meeting the conditions specified in Clauses 2 and 3 of this Article may engage in letter delivery services after obtaining permission from the competent state agency. Enterprises engaging in letter delivery services outside the exclusive postal services specified in point a, Clause 2, Article 12 of this Decree.

A letter is an exchange of information in written form, packaged and sealed, with a single piece weight not exceeding two kilograms (2 kg) and with a recipient address. General instructions about the place of receipt are also considered as the recipient address.

2. Conditions for Obtaining Permission to Operate Domestic Courier Services:

a) It is an enterprise established and operating under Vietnamese law, excluding foreign-invested enterprises; 

b) It has a feasible business plan achieving economic efficiency and benefiting society;

c) It has at least five years of experience in the postal or courier sector;

d) It has necessary measures and conditions to ensure the safety and security of information;

đ) It achieves good business results when required to test service provision by the Ministry of Posts and Telecommunications.

3. Conditions for Obtaining Permission to Operate International Courier Services:

In addition to meeting the conditions specified in Points b, d, and đ of Clause 2 of this Article, organizations and individuals operating international courier services must also meet the following conditions: a) It is an enterprise established and operating under Vietnamese law, excluding wholly foreign-owned enterprises. The Prime Minister decides the proportion of foreign capital contribution in joint ventures operating courier services based on proposals from the Ministry of Posts and Telecommunications and the Ministry of Planning and Investment;

a) Is an enterprise established and operating under Vietnamese law, except for wholly foreign-owned enterprises. The Prime Minister decides the proportion of foreign capital contribution in joint ventures engaged in letter delivery services based on proposals from the Ministry of Posts and Telecommunications and the Ministry of Planning and Investment;

c) It has at least five years of experience in the international postal or international courier sector. 4. The Ministry of Posts and Telecommunications decides on cases requiring service testing before issuing a courier service operation permit.

Authority and Principles for Issuing Permits for Courier Services

1. The Ministry of Posts and Telecommunications issues, amends, supplements, extends, and revokes various types of postal permits as stipulated in Clause 1, Article 28 of the Ordinance.

Article 22. 2. The issuance of permits must adhere to the following principles:

a) Consistency with national strategies, plans, and development programs for the postal sector approved by competent state agencies;

b) Priority given to projects seeking permission to provide services in remote areas.

Application Materials and Procedures for Permit Issuance

1. The application materials for a permit include:

Article 23. a) The enterprise's application for a permit;

b) Certified copy of the business registration certificate;

d) Service provision project;

đ) Service quality standards; tariff schedule; service provision and usage contract template or receipt, waybill; compensation principles and levels;

c) Charter of organization and operation of the enterprise;

e) Test result report (if required).

2. The Ministry of Posts and Telecommunications shall issue or refuse the permit within sixty days from the date of receiving complete and valid application materials. In case of refusal, the Ministry of Posts and Telecommunications must provide a written explanation of the reasons.

e) Report on the test results (in cases where testing is required).

2. The Posts and Telecommunications Ministry shall issue or refuse to issue the license within a period not exceeding sixty days from the date of receipt of complete and valid application materials. In case of refusal, the Posts and Telecommunications Ministry must provide a written explanation for the reasons. The effective date of this Decree

Article 24. Amending, supplementing, issuing new permits

1. Enterprises operating postal service delivery must request to amend or supplement their permit when there is a change in the content of the previously issued permit.

The application dossier for amending or supplementing a permit includes:

a) Application form for amending or supplementing the permit;

b) Detailed report describing the changes in the permit;

c) Other related documents.

2. Six months before the expiry date of the permit, enterprises wishing to continue operating postal service delivery must apply for a new permit. The application dossier for a new permit includes:

a) Application form for a new permit;

b) Business results report;

c) Proposal for service provision in the next phase;

d) Other related documents.

3. The Ministry of Posts and Telecommunications shall decide on granting or refusing amendments, supplements, or issuance of new permits within thirty days from the date of receiving a valid application dossier.

Article 25. Revocation of the license

1. Issued permits will be revoked in the following cases:

a) At the request of the enterprise holding the permit;

b) After one (01) year from the date of issuance of the license, the enterprise does not implement the contents recorded in the license in practice or stops providing services for one (01) year without valid reasons;

c) Other revocation cases as prescribed by law.

2. Enterprises whose licenses are revoked due to the circumstances specified in points b and c of Clause 1 of this Article shall not reapply for a new license within two (02) years from the date of the revocation decision by the Ministry of Posts and Telecommunications. After two (02) years, if the enterprise wishes to continue providing services, it must go through the procedure to apply for a new license.      

Section 3

Postal Service Agent postal service, express mail service Express Mail Service Agent

Article 26. Conditions for Becoming an Express Mail Service Agent postal service, express mail service Express Mail Service Agent

1. Organizations and individuals of all economic sectors acting as agents for Vietnam Post or for enterprises engaged in letter delivery services must sign an agency contract with Vietnam Post or the enterprise engaged in letter delivery services.

2. The agency contract for postal service and express mail service must be in writing and include the following main contents:

a) Name and address of the parties;

b) Form of agency;

c) Agency services, quality, and service rates;

d) Commission;

đ) Rights and obligations of the parties;

e) Duration of the contract.

Article 27. Conditions for Becoming an Express Mail Service Agent for Foreign Express Mail Organizations

1. Vietnam Post and enterprises licensed to operate international letter delivery services may act as agents for foreign postal organizations within their permitted scope and must register with the Ministry of Posts and Telecommunications. Acting as an agent for foreign postal organizations must be based on a contract. This agency contract must be in writing.

2. The Ministry of Posts and Telecommunications shall stipulate the conditions for becoming an agent for foreign express mail organizations.

Section 4

Contract for Provision and Use of Services

Article 28. Contract for Provision and Use of Services

1. The provision and use of services shall be based on a contract.

2. Postal service supply and usage contracts shall be executed in writing or through specific actions. Postal service supply and usage contracts of enterprises engaged in letter delivery services must be executed in writing.   

3. Valid postage stamps, mailing receipts, documents, and waybills are evidence of the contractual agreement between the enterprise and the service user and serve as the basis for determining the rights and obligations of the parties in the contract. 

4. Mailing receipts, certificates, waybills, and standard contracts must be in Vietnamese.

Article 29. Rights and Obligations of Service Providers

1. Service providers have the right:

a) To request senders to check the contents of mail items containing articles or goods;

b) To refuse to provide services when the service user violates postal laws.

2. Service providers have the obligation:

a) To provide full information about the services to the service user;

b) To ensure the safety of letters, mail items from the time of receipt until they are properly delivered;

c) To handle export and import procedures for international letters, mail items on behalf of the service user according to Article 4 of this Decree;

d) To forward mail items when the recipient has changed their address, unless the sender requests otherwise;

đ) To return mail items to the sender if they cannot be delivered to the recipient, unless the sender requests otherwise;

e) To receive and resolve complaints about services from the service user;

g) To compensate for losses suffered by the service user according to the law.

Article 30. Rights and Obligations of Service Users

1. Service users include senders and recipients.

Senders are organizations or individuals named in the sender's address section of letters, mail items.

Recipients are organizations or individuals named in the recipient section of letters, mail items.

2. Service users have the right:

a) To request full information about the services;

b) To have their personal information kept confidential and their letters, mail items secured;

c) To modify the name, address of the sender or recipient or withdraw mail items that have not yet been properly delivered to the recipient;

d) To request resolution of complaints and disputes regarding the services used;

đ) To receive compensation for losses according to the law.

3. Service users have the obligation:

a) To bear legal responsibility for the contents of letters, mail items;

b) To pay the full service rate for the services used;

c) To comply with prohibitions and conditional regulations on sending and receiving letters, mail items;

d) To compensate the party suffering damage if the damage occurs due to the sender's fault.

Section 5

Standards and Quality of Services

Article 31. Standards and Quality of Postal Services, Express Mail Services

1. The Ministry of Posts and Telecommunications shall issue quality standards for universal postal services including mandatory standards applicable according to criteria such as service usability, total transit time, safety, responsibility, and complaint resolution and compensation deadlines, and other appropriate requirements.

Vietnam Post must apply the specific postal service standards prescribed by the Ministry of Posts and Telecommunications.

2. Enterprises providing services must publish postal service quality standards and letter delivery service quality standards in accordance with the provisions of the law, except for universal postal services mentioned in Clause 1 of this Article. These quality standards shall include minimum criteria for safety, total transit time, responsibility, and complaint resolution deadlines.

Chapter 6

Tariff for postal services

Article 32. Tariff for postal services and letter delivery services

1. The Prime Minister decides on the tariff for postal basic services (ordinary letters) within the country weighing up to  twenty grams.

2. The Ministry of Posts and Telecommunications decides on the tariff for public postal services after receiving written opinions from the Ministry of Finance, specific postal services, and the tariff framework for letter delivery services.

3. Vietnam Post and enterprises operating letter delivery services decide on the tariffs for postal services and letter delivery services, excluding those specified in Clauses 1 and 2 of this Article.

4. The Ministry of Posts and Telecommunications specifies cases where no payment for postal service usage fees and letter delivery services is required.

Section 7

Report

Article 33. Reports of service providers

Service providers have the obligation to report to the Ministry of Posts and Telecommunications about their business activities and cooperation regularly and urgently as stipulated by the Ministry of Posts and Telecommunications.

Chapter VI

COMPLAINT RESOLUTION, DISPUTE SETTLEMENT AND COMPENSATION FOR DAMAGE IN THE PROVISION AND USE OF SERVICES

Section 1

Complaint Resolution and Dispute Settlement

Article 34. Complaints and complaint resolution between service providers and service users 

1. Service users have the right to complain about errors made by the provider in providing postal services and letter delivery services.

2. The complainant may lodge a complaint directly or submit a written document to the enterprise providing the service. In cases where the enterprise receives a written complaint, it must notify the complainant about the receipt of the complaint within two (02) working days from the date of receiving the complaint.

3. The complainant must provide relevant documents and evidence and bear responsibility for the content of the complaint.

4. The statute of limitations for complaints concerning domestic and international letters, parcels, and items is six (06) months, starting from the day following the dispatch date.

5. The deadline for resolving complaints between service users and service providers:

a) For domestic letter, parcel, and item services is two (02) months, starting from the date of receiving the complaint;

b) For international letter, parcel, and item services is three (03) months, starting from the date of receiving the complaint.

6. When the complaint resolution deadlines specified in Point a and Point b of Clause 5 of this Article expire, the service provider must compensate the service user according to the compensation regulations set out in Section 2 of Chapter VI of this Decree.       Disputes arising from the provision and use of postal services and letter delivery services shall first be resolved through negotiation between the parties. If no agreement is reached, the aggrieved party has the right to request competent authorities or consumer protection organizations to resolve the dispute or initiate legal proceedings in accordance with the law.

Article 35. Dispute Resolution

Disputes arising from the provision and use of postal services and letter delivery services shall first be resolved through negotiation between the parties. If an agreement cannot be reached, the aggrieved party has the right to request competent authorities or consumer rights protection organizations to resolve the dispute or initiate legal proceedings in accordance with the law.

Section 2

Liability for Compensation of the Service Provider

Article 36. 1. When damage occurs to letters, parcels, and items, the service provider shall be responsible for compensating the service user for the damage, except in cases exempted from liability for compensation as provided in Clause 2 of this Article.

1. When damage occurs to letters, parcels, or packages, the enterprise providing the service shall be responsible for compensating the user for the damage, except in cases where liability for compensation is exempted as provided in Clause 2 of this Article.

a) They were delivered in accordance with the regulations or agreed upon in the contract;

b) They were damaged or lost due to the sender's fault or their inherent nature;

c) They were confiscated or destroyed by authorized state agencies due to prohibited contents;

d) They were confiscated according to the laws of the receiving country and notified in writing by these countries;

e) The packaging used by the sender was insufficiently secure to protect the goods during transportation;

f) Force majeure events;

g) The sender does not have proof of sending the letter, parcel, or item.

Liability for Compensation of the Sender

Article 37. 1. The sender shall be liable for compensation for damages caused to the aggrieved party when sending prohibited items in letters, parcels, and items.

2. The liability for compensation of the sender in the cases mentioned in Clause 1 of this Article shall not exceed the limit of liability for compensation of the service provider in similar cases.

Principles of Compensation

Article 38. 1. The compensation by the service provider is based on actual losses, the amount of which is calculated according to market prices for similar goods at the location and time when the parcel or item was accepted, but shall not exceed the limit of liability for compensation for each type of service unless otherwise agreed by the parties.

1. The compensation provided by the enterprise offering the service is based on actual losses, the amount of which is calculated according to market prices for similar items or goods at the location and time when the parcel or package was accepted, but shall not exceed the limit of liability for compensation for each type of service as stipulated, unless otherwise agreed upon by the parties.

3. Compensation money shall be paid in Vietnamese currency. Male4. Compensation money shall be paid to the sender. In cases where a part of the letter, parcel, or item is damaged or lost and the recipient agrees to accept it, the compensation money shall be paid to the recipient.

5. Vietnam Post and enterprises operating letter delivery services are not liable for indirect losses or lost profits resulting from the failure to ensure the quality of services.

6. Compensation for damage to international parcels and items shall be carried out in accordance with the provisions of international treaties to which Vietnam is a party.

5. Vietnam Post and enterprises operating letter delivery services are not liable for indirect damages or lost profits resulting from the failure to provide services that meet quality standards.

Within one (01) year from the effective date of this Decree:

Chapter VII

IMPLEMENTING PROVISIONS

Article 39. Within one (01) year from the effective date of this Decree:

This Decree takes effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are hereby abolished.

Article 40. Transitional Provisions

Within one (01) year from the effective date of this Decree:

1. Enterprises currently operating postal services in accordance with Decree No. 109/1997/NĐ-CP dated November 12, 1997, of the Government on Postal Services and Telecommunications shall be responsible for completing the procedures to apply to the Ministry of Posts and Telecommunications for a business license for letter delivery services in accordance with the Ordinance and this Decree.

2. Enterprises established and operating in accordance with Vietnamese law, which are currently providing services for the delivery of documents, materials, or information in other written forms as defined in Clause 1 of Article 21 of this Decree, shall be responsible for completing the procedures to apply to the Ministry of Posts and Telecommunications for a business license for letter delivery services or to request the Ministry of Planning and Investment to amend or supplement their investment permit in accordance with the law.

3. Enterprises currently acting as agents for foreign mail delivery organizations shall be responsible for registering their agency activities with the Ministry of Posts and Telecommunications.

Article 41. Responsibility for Implementing the Decree

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.