Circular No. 16/2017/TT-BTTTT detailing certain contents and measures for implementing Decision No. 55/2016/QĐ-TTg dated December 26, 2016 of the Prime Minister on Postal Network serving Party and State agencies

 

CIRCULAR

Detailed provisions on certain contents and measures to implement Decision No. 55/2016/QĐ-TTg dated December 26, 2016 of the Government on the Postal Network serving Party and State agencies.

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

Pursuant to Decree No. 17/2017/NĐ-CP dated February 17, 2017, issued by the Government, on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to Decision No. 55/2016/QĐ-TTg dated December 26, 2016 of the Prime Minister on the Postal Network Serving Party and State Agencies;

Pursuant to Decision No. 41/2011/QĐ-TTg dated August 3, 2011 of the Prime Minister on the designation of enterprises to maintain and manage the public postal network, provide public postal services, and international postal services;

At the proposal of the Director of the Post Department,

The Minister of Information and Communications promulgates this Circular detailing certain contents and measures to implement Decision No. 55/2016/QĐ-TTg dated December 26, 2016 of the Government on the Postal Network serving Party and State agencies.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details certain contents and measures to implement Decision No. 55/2016/QĐ-TTg dated December 26, 2016 of the Government on the Postal Network serving Party and State agencies (hereinafter referred to as Decision No. 55/2016/QĐ-TTg), including: Services and service quality; network connection; security and safety in service provision; document storage; inspection; reporting and coordination meetings on postal service provision KT1.

Article 2. Applicability

This Circular applies to the Central Post Office Directorate, Vietnam Post Corporation, and organizations and individuals related to the operation of the Postal Network serving Party and State agencies.

Chapter II

b) KT1 Service by Confidentiality Level (A, B, C): a Post Network KT1 service with requirements for Top Secret, Very Secret, Secret levels, and high security and safety guarantees.

c) KT1 Service by Urgency Level (Express, Scheduled):

1. Postal service KT1 is a service for accepting, transporting, and delivering KT1 mail (including letters, packages, and parcels) on the Postal Network serving Party and State agencies within the province and inter-provincial areas.

2. Postal service KT1 includes:

a) KT1 service is a service for accepting, transporting, and delivering KT1 mail without urgency or confidentiality requirements.

b) KT1 service with urgency:

- KT1 Express service is a KT1 service requiring rapid processing speed;

- KT1 Timed service is a KT1 service requiring delivery of KT1 mail to the recipient address at the time specified by the sender.

c) KT1 service with confidentiality (A, B, C) is a service for accepting, transporting, and delivering KT1 mail containing state secrets at levels of Top Secret, Confidential, and Secret, with high reliability requirements during transportation and delivery.

a) The transit time for Post Network KT1 services is the period from when the mail item is accepted until it is first delivered to the recipient address indicated on the mail item.

1. Mail security: 100% of KT1 mail must be delivered to the recipient address in good condition without damage affecting the content of the mail, except in cases of force majeure as provided by law.

2. Service hours: Postal service KT1 is provided continuously 24 hours a day, seven days a week, including holidays and Tet.

3. Delivery frequency: KT1 mail must be delivered to district level at least twice a day. The delivery frequency to commune level shall be implemented according to the regulations of the Central Post Office Directorate after consultation with Vietnam Post Corporation.

4. Transit time:

a) The transit time for postal service KT1 is the period from when KT1 mail is received for sending until it is first delivered to the recipient address indicated on the mail, except in cases of force majeure as provided by law.

b) The transit time for postal service KT1 is determined by the formula J + n (where J is the date of receipt, shown by the date stamp on the mail, and n is the number of working days).

- KT1 Express Service: J+2.5.

- KT1 service and KT1 service with confidentiality: J + 1.5;

- KT1 Express service: J + 1.

g) Provisions on the delivery of KT1 mail items:

- KT1 service and KT1 service with confidentiality: J + 3.5;

- KT1 Express service: J + 2.5.

d) KT1 Timed service is delivered according to the sender's request.

Conditions for implementing the service: For KT1 mail with scheduled delivery, it must be accepted at least 04 hours before the minimum dispatch time for addresses within the inner city area; 12 hours for addresses in the suburban area; and 24 hours for addresses within the inter-provincial range.

e) For areas listed in the special geographical conditions category: The total transit time for KT1 services shall be determined based on actual circumstances.

g) The Central Post Office Department shall be responsible for detailing the total transit time for KT1 services across the postal network serving Party and State agencies (to village centers) after coordinating with Vietnam Post Corporation.

h) Regulations on delivering KT1 mail:

- During working hours: KT1 mail shall be delivered to the address indicated on the mail;

- Outside working hours, Saturdays, Sundays, and public holidays: KT1 mail shall be delivered to the designated point by the service user according to Clause 5, Article 18 of this Circular.

5. Time limit for complaints: Six months from the end date of the total transit time of KT1 mail.

6. Time limit for handling complaints: Not exceeding seven working days from the date of receiving the complaint.

7. Handling violations and compensation for damages:

a) Any violation concerning the protection of state secrets in KT1 mail containing state secrets must be thoroughly investigated. Organizations and individuals committing such violations will be subject to disciplinary action, administrative penalties, or criminal liability depending on the nature and consequences of their actions.

b) Compensation for damages related to KT1 mail shall be carried out in accordance with the provisions of the law.

Chapter III

NETWORK CONNECTION

Article 5. General Provisions on Network Connection

1. The Central Post Office Department and Vietnam Post Corporation must implement network connection and provide KT1 postal services that meet requirements for ensuring state secrecy; security and safety; uniformity in management, operation, and exploitation; compliance with regulations on specialized equipment and operational procedures; and selection of employees meeting specified standards.

2. The network connection shall be implemented according to the Network Connection Contract between both parties, as stipulated in this Circular and relevant laws.

Article 6. Network Connection Contract

The Network Connection Contract must include the following main contents:

1. General information about the unit (name, main office address, phone number) and the legal representative of the unit (full name, position, contact phone number, email address).

2. Information related to the implementation of the connection:

a) Connection location; information about the contact points of both parties (full name, position, contact phone number, email address); conditions for employees directly involved in providing KT1 postal services;

b) Service quality; connection costs; reconciliation of mail volume and confirmation of service quality; deduction of payment value when there is a breach of obligation; cooperation in handling complaints about service provision quality or security incidents during service provision; database and data sharing in service provision;

c) Other rights and obligations of the parties.

Article 7. Signing the Network Connection Contract

1. The Central Post Office Department and Vietnam Post Corporation shall negotiate the contents of the Network Connection Contract. After reaching an agreement, the Central Post Office Department shall be responsible for submitting the draft Network Connection Contract to the Ministry of Information and Communications for review before signing.

2. Within seven working days from the date of receipt of the draft Network Connection Contract, the Ministry of Information and Communications shall provide comments in writing to the Central Post Office Department regarding the content of the draft Network Connection Contract.

In cases where the content of the draft Network Connection Contract is unclear or inconsistent with legal provisions, the Ministry of Information and Communications shall request the Central Post Office Department to explain and clarify.

Article 8. Amending and Supplementing the Interconnection Contract

1. The Central Post Office Directorate shall be responsible for submitting to the Ministry of Information and Communications for its written opinion before changing the following contents:

a) Service quality standards;

b) Connection costs;

c) Conditions for reducing payment value when there is a breach of obligation;

d) Coordination in handling complaints about service provision quality or security incidents during service provision.

2. The Central Post Office Directorate shall be responsible for notifying the Ministry of Information and Communications when changing the following contents:

a) General information about the entity and the legal representative of the entity;

b) Connection location; contact information of the parties (name, position, contact phone number, email address); conditions for employees directly involved in the provision of KT1 postal services; database and data sharing in service provision.

Chapter IV

SECURITY AND SAFETY IN SERVICE PROVISION

Article 9. Ensuring Security and Safety

Ensuring security and safety in the provision of KT1 postal services shall be carried out in accordance with the provisions of Article 6 of Decision No. 55/2016/QĐ-TTg and the following requirements:

1. The postal network directly managed and operated by the Central Post Office Directorate shall be equipped with specialized equipment for inspection, ensuring security and safety, and shall have dedicated security forces.

a) At the provincial level: a post office for operating KT1 postal services must be established.

a) At the provincial central post office, a branch must be established to operate KT1 postal services;

b) At the district central post office, a separate area must be arranged for operating KT1 postal services;

d) Prioritize the provision of KT1 postal services over all other types of postal services.

3. The premises providing KT1 postal services must have internal regulations and strictly control people entering this area.

4. KT1 mail must be transported and delivered by specialized postal vehicles. In case it is necessary to use other means of transport, the service provider must arrange staff to escort the KT1 mail bags or boxes throughout the transportation process.

5. KT1 mail bags must be made of durable, fire-resistant, waterproof material. KT1 mail boxes must be made of fire-resistant, break-proof material. KT1 mail bags and boxes must be sealed or secured with locks throughout the transportation process; they must be fitted with tracking devices when used to transport Top Secret KT1 mail and other KT1 mail as required by the Central Party Office, the President's Office, the National Assembly Office, and the Government Office. 6. Specialized postal vehicles used for delivering KT1 mail must have compartments made of fire-resistant, waterproof, break-proof material and secured with locks..

7. In cases where it is necessary to transport and deliver KT1 mail containing state secrets, the Central Post Office Directorate shall proactively arrange security personnel or coordinate with the police to arrange dedicated security forces.

8. The computer network system and application software serving the provision of KT1 postal services must ensure information security and safety.

1. Implement measures to protect the infrastructure of KT1 postal service provision under the management, operation, and exploitation of the Central Post Office Directorate; promptly detect and prevent cases of exploiting KT1 postal service provision to engage in activities that infringe upon national security and social order and safety.

Article 10. Responsibilities of the Central Post and Telecommunications Department

2. Adhere to regulations on selecting employees and operational procedures for KT1 postal service provision.

3. Conduct inspections and evaluations of the level of security, safety, and service quality; promptly implement preventive and corrective measures when incidents occur during KT1 postal service provision.

4. Ensure the confidentiality of information related to agencies, organizations, and individuals using KT1 postal services in accordance with the law.

5. Report to relevant state authorities for handling according to the law when discovering or suspecting non-compliance with information security and safety.

6. Train and promote awareness of security and safety among officials, civil servants, employees, and workers directly involved in the provision of KT1 postal services.

7. Report to the Ministry of Information and Communications promptly when incidents involving security and safety occur during KT1 postal service provision.

7. Report to the Ministry of Information and Communications promptly in case of incidents relating to security and safety in the provision of KT1 postal services.

Article 11. Responsibilities of Vietnam Post Corporation

1. Lead and coordinate with the Central Postal Agency to implement measures to ensure the safety of infrastructure for providing KT1 postal services at the local level; promptly detect and prevent cases where KT1 postal services are exploited for activities that infringe upon national security, public order, and social safety.

3. Conduct inspections and evaluations of the level of security, safety, and service quality; promptly implement preventive and corrective measures when incidents occur during KT1 postal service provision.

3. Inspect and evaluate the level of security, safety, and service quality in providing KT1 postal services at the local level; take prompt measures to prevent and remedy incidents when service disruptions occur.

5. Report to relevant state authorities for handling according to the law when discovering or suspecting non-compliance with information security and safety.

6. Train and promote awareness of security and safety among officials, civil servants, employees, and workers directly involved in the provision of KT1 postal services.

6. Coordinate with the Central Postal Agency to train and promote awareness about security and safety among staff directly involved in providing KT1 postal services at the local level.

7. Coordinate with the Central Postal Agency to report to the Ministry of Information and Communications and direct subordinate units to promptly report when incidents related to security and safety occur during the provision of KT1 postal services at the local level.

Chapter V

DOCUMENT STORAGE

Article 12. Documents

1. Paper documents on KT1 mail are those created in the form of written records during the provision of KT1 postal services. Paper documents must be preserved and utilized within the retention period specified in Article 13 of this Circular.

2. Electronic documents on KT1 mail are those created in the form of data messages during the provision of KT1 postal services. Electronic documents must meet input data standards, ensuring authenticity, security, and accessibility; they must be preserved and utilized according to specialized methods and procedures as prescribed by law.

Article 13. Retention Period for Documents

1. The minimum retention period for paper documents at the Central Postal Agency and Vietnam Post Corporation is two years; for electronic documents, it is three years from the date KT1 mail is accepted.

2. The Central Postal Agency and Vietnam Post Corporation are responsible for the accuracy of stored documents; they must explain and provide such documents to competent authorities upon request.

Chapter VI

AGENCY

Article 14. Regular and Spot Inspections

1. Regular inspections: once per year.

a) Inspection Authority:

The Ministry of Information and Communications conducts regular inspections according to plans for the provision of KT1 postal services across the network. The Central Postal Agency conducts regular inspections according to plans for the provision of KT1 postal services at the local level.

b) Inspection Content: Compliance with management regulations on services; service quality; network connectivity; security and safety; document storage; reporting, and other relevant matters.

2. Spot inspections: The Ministry of Information and Communications and the Central Postal Agency decide on spot inspections when necessary.

When conducting spot inspections, the inspecting authority must notify the inspected unit of the inspection time at least one working day before the inspection date.

Article 15. Inspection Costs

Inspection costs are funded by the state budget and allocated in the operating budget of the inspecting agency.

Chapter VII

REPORTING AND COORDINATION

Article 16. Reporting

1. The Central Post Office Directorate shall be responsible for submitting periodic written reports to the Ministry of Information and Communications (Postal Department) before July 20 for the six-month report and before January 20 of the following year for the annual report or upon request from the Ministry of Information and Communications.

2. Vietnam Post Corporation shall be responsible for submitting periodic written reports to the Central Post Office Directorate and the Ministry of Information and Communications (Postal Department) on the provision of KT1 postal services at local levels and related matters, or upon request.

3. The contents of the report include:

a) The situation regarding the provision of KT1 postal services:

- Total volume of KT1 mail and total number of direct labor involved in the provision of KT1 postal services;

- Volume of KT1 mail and number of direct labor involved in the provision of KT1 postal services at the central level;

- Revenue, volume of KT1 mail, and number of direct labor involved in the provision of KT1 postal services at the local level;

- Compliance with state regulations on KT1 postal services; service quality; network connection; security and safety; document storage and other related matters;

- Violations and their handling (if any);

- Difficulties, shortcomings, and causes thereof.

b) Proposals and recommendations to ensure the provision of KT1 postal services in the next six months.

Article 17. Coordination Meetings

Every quarter, the Ministry of Information and Communications shall organize coordination meetings on the management of KT1 postal services to update information across the entire network in order to promptly address and correct emerging issues, ensuring that KT1 postal services are provided at high quality.

Chapter VIII

IMPLEMENTATION

Article 18. Responsibility for Implementation

1. Responsibilities of the Postal Department

a) To take the lead in reviewing draft Connection Contracts;

b) To take the lead in inspecting the provision of KT1 postal services; service quality; network connection; security and safety; document storage; reporting and other related matters.

2. Responsibilities of the Central Post Office Directorate

a) To stipulate the frequency of delivery to commune level and detailed transit time for KT1 services as prescribed in Clause 3 and Point g, Clause 4, Article 4 of this Circular;

b) To develop and submit to the Ministry of Information and Communications draft Connection Contracts;

c) To submit written reports to the Ministry of Information and Communications on the provision of KT1 postal services; service quality; implementation of network connection; security and safety; document storage; inspection results of the provision of KT1 postal services at the local level and other related matters as prescribed;

d) To inspect the provision of KT1 services; service quality; network connection; security and safety; document storage; reporting and other related matters in the provision of KT1 postal services at the local level.

3. Responsibilities of Provincial Departments of Information and Communications under the Central Government

a) To advise and assist provincial People's Committees in implementing tasks prescribed in Clause 1, Article 15 of Decision No. 55/2016/QĐ-TTg;

b) To inspect and supervise the provision and use of KT1 postal services at the local level.

4. Responsibilities of Vietnam Post Corporation

a) To coordinate with the Central Post Office Directorate to stipulate the frequency of delivery to commune level and detailed transit time for KT1 services as prescribed in Clause 3 and Point g, Clause 4, Article 4 of this Circular;

b) To coordinate with the Central Post Office Directorate to develop and submit to the Ministry of Information and Communications draft Connection Contracts;

c) To report to the Central Post Office Directorate and the Ministry of Information and Communications on the provision of KT1 postal services; service quality; implementation of network connection; security and safety; document storage and other related matters in the provision of KT1 postal services at the local level.

5. Responsibilities of Service Users

In addition to responsibilities prescribed in Decision No. 55/2016/QĐ-TTg, users of KT1 postal services must designate a point of contact for receiving KT1 mail outside working hours, Saturdays, Sundays, holidays, and festivals, and notify the service provider to ensure the timely delivery of KT1 mail in accordance with regulations.

Article 19. Effective Date

1. This Circular takes effect from August 15, 2017.

2. The Head of the Office; Heads of the Postal Department; Heads of the Planning and Finance Department; Director of the Central Post Office Directorate; General Director of Vietnam Post Corporation; Heads of agencies and units directly under the Ministry of Information and Communications; Directors of Provincial Departments of Information and Communications under the Central Government and relevant agencies, units, and individuals are responsible for implementing this Circular.

3. During the process of implementation, if there are any issues, organizations and individuals concerned shall promptly reflect them to the Ministry of Information and Communications (Postal Department) for review, supplementation, and amendment./.