Decree No. 25/2022/ND-CP Amending and Supplementing One Article of Decree No. 47/2011/ND-CP dated June 17, 2011 of the Government detailing the implementation of certain provisions of the Law on Posts

DECREE

Amending and supplementing certain Articles of Decree No. 47/2011/NĐ-CP dated June 17, 2011 of the Government detailing the implementation of certain provisions of the Law on Postal Services

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

At the proposal of the Minister of Information and Communications;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 47/2011/NĐ-CP dated June 17, 2011 of the Government detailing the implementation of certain provisions of the Law on Postal Services.

Article 1. Amending and supplementing certain Articles of Decree No. 47/2011/NĐ-CP dated June 17, 2011 of the Government detailing the implementation of certain provisions of the Law on Postal Services

1. Amend and supplement Clause 4 of Article 2 as follows:

"4. Providing postal services within the scope of inter-provincial areas means providing postal services between two provinces or centrally governed cities and above."

2. Amending and supplementing Clause 1, Clause 2 of Article 4 as follows:

"1. When transferring capital, transferring projects, temporarily suspending, delaying the implementation of projects, ceasing operations of investment projects, liquidating investment projects, or making other adjustments to investment projects, investors must comply with the relevant laws on investment and notify the competent state agencies that have issued postal service licenses or confirmed notifications of postal service activities.

2. The transfer of investment projects in accordance with the laws on investment does not include the transfer of postal service licenses or confirmed notifications of postal service activities, except in cases where it is attached to the transfer of the entire enterprise."

3. Amending and supplementing the name of Chapter III as follows:

"Chapter III

OPERATING AND USING POSTAL SERVICES"

4. AMENDING AND SUPPLEMENTING ARTICLE 6 AS FOLLOWS:

a) Amend Clause 1 as follows:

"1. The application for a postal service license shall be established in one original copy."

b) Amending Point b, Point c, Point l and supplementing Point m of Clause 2 as follows:

"b) A copy of the business registration certificate;"

c) The articles of association (if any);"

"1) Documents regarding the legal status of foreign partners as stipulated in Point k of Clause 2 of this Article, which have been legalized;"

"m) Franchise agreements with enterprises currently providing postal services (if any)."

c) Amend and supplement point a of clause 3 as follows:

"a) Information about the enterprise including its name, address, telephone number, fax number, email address of the trading office, representative office, branch, place of business, website of the enterprise (if any), and other related information;"

5. Amending and supplementing Article 7 as follows:

a) Amending and supplementing Point b Clause 1 as follows:

"b) Documents prescribed in Points b, d, e, g, h, i, m of Clause 2 and Point e of Clause 3 of Article 6 of this Decree."

b) Amending and supplementing Point d and Point đ of Clause 2 as follows:

"d) Contracts with foreign partners in Vietnamese;"

"đ) Documents regarding the legal status of foreign partners that have been legalized."

6. AMENDING AND SUPPLEMENTING ARTICLE 8 AS FOLLOWS:

"Article 8. Procedures and formalities for issuing postal service licenses and confirming notifications of postal service activities

1. Enterprises and organizations applying for postal service licenses and confirming notifications of postal service activities submit applications through the online public service system to the competent state agency on postal services as prescribed in Article 9 of this Decree and bear responsibility for the legality, accuracy, and truthfulness of the application.

Notifications of postal service activities must be made no later than seven working days from the first day of postal service activities.

2. Within three working days from the date of receiving the application, the competent state agency on postal services refuses to issue a postal service license or confirm a notification of postal service activities if the application does not fall within the jurisdiction as prescribed in Article 9 of this Decree and clearly states the reasons.

3. From the date of receiving the application, the issuance of postal service licenses and confirmation of notifications of postal service activities shall be completed within the following timeframes:

a) Twenty days for inspection and issuance of postal service licenses;

b) Ten working days for inspection and confirmation of notifications of postal service activities.

4. During the period prescribed in Clause 3 of this Article, if the application does not meet the requirements, the competent state agency on postal services must notify the enterprise or organization of the contents that need to be amended or supplemented.

5. Within fifteen working days from the date of notification, the enterprise or organization is responsible for amending or supplementing the application according to the requirements.

If the enterprise or organization fails to amend or supplement the application as required or has amended or supplemented but still does not meet the requirements, the competent state agency on postal services will notify the refusal to issue a postal service license or confirm a notification of postal service activities and clearly state the reasons.

6. The notifications of the competent state agency on postal services as prescribed in Clauses 2, 4, and 5 of this Article shall be made in writing through the online public service system.

7. The results of the procedures for issuing postal service licenses and confirming notifications of postal service activities shall be delivered directly or through the public postal service.

6 ||| 7. Amend and supplement Article 9 as follows:

a) Amending and supplementing the name of Article 9 as follows:

"Article 9. Competence to issue and revoke postal service licenses; confirming notifications of postal service activities"

b) Amend and supplement Point a of Clause 1 as follows:

"a) Issuing and revoking postal service licenses for the provision of letter services within the scope of intra-provincial areas;"

c) Amending and supplementing Point a of Clause 2 as follows:

"a) Issuing and revoking postal service licenses for the provision of letter services within the scope of inter-provincial and international areas;"

8. Amending and supplementing Article 10 as follows:

"1. Contents that must be notified when changes occur:

a) Legal representative;

b) Contact phone number of the legal representative;

c) Registered capital of the enterprise;

d) Postal service fee;

d) Service quality indicators of postal services;

e) Model contract for providing and using postal services;

g) Regulations on complaints and compensation related to postal services provided by the enterprise.

2. Within seven working days from the date of change of the contents prescribed in Clause 1 of this Article, the enterprise or organization must notify in writing (according to the form at Appendix III) or through the online information system as guided by the Ministry of Information and Communications to the competent state agency that has issued the postal service license or confirmed the notification of postal service activities.

3. In case the contents changed as prescribed in Points d, đ, e, and g Clause 1 of this Article are not in accordance with the provisions of the law on postal services, within five working days from the date of receipt of the notification of change, the competent state agency that issued the postal service permit or the confirmation notice of postal service activities must notify the enterprise or organization in writing about the contents that need to be amended and supplemented.

Within five working days from the date of receiving the notification, the enterprise or organization must amend and supplement according to the requirements.

9. Amend and supplement Article 11 as follows:

"Article 11. Amending and Supplementing Postal Service Permits and Confirmation Notices of Postal Service Activities

1. In case there is a change in the content recorded in the postal service permit or the confirmation notice of postal service activities already issued, the enterprise or organization must complete the procedures for amending and supplementing the postal service permit or the confirmation notice of postal service activities.

The amendment and supplementation of the postal service permit or the confirmation notice of postal service activities shall be carried out by the agency that issued the postal service permit or the confirmation notice of postal service activities.

2. The application dossier for amending and supplementing the postal service permit or the confirmation notice of postal service activities shall be submitted through the online public service system to the competent state agency that issued the postal service permit or the confirmation notice of postal service activities.

3. The application dossier for amending and supplementing the postal service permit or the confirmation notice of postal service activities includes:

a) A request for amending and supplementing the postal service permit or the confirmation notice of postal service activities (in accordance with the form attached at Appendix IV);

b) Relevant documents related to the content requested for amending and supplementing the postal service permit or the confirmation notice of postal service activities.

4. Within ten working days from the date of receipt of the dossier, the competent state agency that issued the postal service permit or the confirmation notice of postal service activities shall be responsible for reviewing and amending and supplementing the postal service permit or the confirmation notice of postal service activities.

In case of non-approval for amendment and supplementation, within five working days from the date of receipt of the dossier, the competent state agency that issued the postal service permit or the confirmation notice of postal service activities must notify the enterprise or organization in writing through the online public service system and specify the reasons.

5. In case the amendment and supplementation of the scope of postal service provision leads to a change in the authority issuing the postal service permit or the confirmation notice of postal service activities, the enterprise or organization shall submit the dossier and carry out the procedures as if applying for a new postal service permit or the confirmation notice of postal service activities.

6. The result of the procedure for amending and supplementing the postal service permit or the confirmation notice of postal service activities shall be delivered directly or through the public postal service.

10. Amend and supplement Article 12 as follows:

a) Amend and supplement Clause 1 as follows:

"1. At least thirty days before the expiration of the postal service permit, the enterprise providing postal services wishing to continue operating must prepare the application dossier for reissuing the postal service permit and submit it through the online public service system to the competent state agency that issued the postal service permit."

b) Amend Point 2 as follows:

"đ) Documents prescribed in Points đ, e, g, h, i, m Clause 2 of Article 6 of this Decree, if they have changed compared to the most recent application dossier for issuing the postal service permit."

c) Add Clause 2a as follows:

"2a. The result of the procedure for reissuing the postal service permit upon expiration shall be delivered directly or through the public postal service."

11. Amend and supplement Article 13 as follows:

a) Amend and supplement Clause 1 as follows:

"1. In case the postal service permit or the confirmation notice of postal service activities is lost or damaged and cannot be used, and the enterprise or organization requests a replacement, the enterprise or organization must submit a request for replacing the postal service permit or the confirmation notice of postal service activities (in accordance with the form attached at Appendix V) through the online public service system to the competent state agency that issued the postal service permit or the confirmation notice of postal service activities."

b) Add Clause 2a as follows:

"2a. The result of the procedure for replacing the postal service permit or the confirmation notice of postal service activities that are lost or damaged and cannot be used shall be delivered directly or sent through the public postal service."

c) Amending and supplementing Clause 3 as follows:

"3. Within seven working days from the date of receipt of the request for replacing the postal service permit or the confirmation notice of postal service activities that comply with the provisions of Clause 1 of this Article, the competent state agency that issued the postal service permit or the confirmation notice of postal service activities shall issue these documents to the enterprise or organization."

12. Add Article 13a after Article 13 as follows:

"Article 13a. Procedures and Formalities for Revoking the Postal Service Permit

1. The competent state agency that issued the postal service permit sends a document requesting the enterprise to explain and provide relevant information and documents within the time specified in the document.

2. If the competent state agency organizes a meeting with the enterprise, a record of the meeting must be made, including in cases where the enterprise does not provide explanations or relevant information and documents as required by Clause 1 of this Article.

3. After ten working days from the end of the period specified in the document of Clause 1 of this Article, if the enterprise does not provide an explanation or the content of the explanation is not in accordance with the law, the competent state agency that issued the postal service permit shall issue a decision to revoke the permit.

4. The revocation of the postal service permit shall be carried out by the competent state agency that issued the postal service permit by declaring it invalid. The declaration of invalidity must be publicly announced on the official website of the competent state agency that issued the postal service permit and notified to the agency issuing the business registration certificate and other relevant state agencies."

13. Amend and supplement Article 14 as follows:

"Article 14. Fees

1. Enterprises or organizations that have been granted a postal service permit or the confirmation notice of postal service activities must pay the fee for assessing the conditions for postal service operations as prescribed by law.

2. The level of fees, management, and utilization of fees for assessing postal service operating conditions shall be carried out in accordance with the regulations of the Ministry of Finance.

14. Supplement Article 15a following Article 15 as follows:

"Article 15a. Postal Service Supply and Usage Contracts, and Receipts Confirming Acceptance of Mail

1. Postal service supply and usage contracts (in paper form or electronically) used during the provision of postal services must be consistent with the contract model in the application dossier for postal service licenses, notification letters for postal service operations, or contract models that have been reported to competent state authorities on postal matters.

2. Receipts confirming acceptance of mail (in paper form or electronically) between postal service providers and senders shall have legal validity equivalent to written contracts signed between the parties, except where the parties have agreed otherwise.

3. Electronic postal service supply and usage contracts, and electronic receipts confirming acceptance of mail shall be implemented in accordance with this Decree and laws on electronic transactions.

4. Postal service providers shall be responsible for:

a) Storing the documents specified in Clause 1 and Clause 2 of this Article for a minimum of five years;

b) Providing the documents specified in Clause 1 and Clause 2 of this Article to competent state authorities upon written request or in cases permitted by law."

15. Supplement Article 15b following Article 15 as follows:

"Article 15b. Information on Postal Services, Senders, Recipients, and Related to Mail

1. Prior to providing postal services, enterprises shall be responsible for providing users with information through one or more methods (such as posting at service points, written notifications, publishing on websites, or other methods) including the following:

a) Types of services;

b) Service quality;

c) Service fee rates;

d) Principles of compensation for damages;

d) Levels of compensation for damages;

e) Rights and obligations of postal service providers;

g) Rights and obligations of postal service users;

h) Other related information.

2. Before using postal services, senders shall be responsible for providing postal service providers with information about the sender, recipient, and information related to the mail, and shall bear legal responsibility for the legality of the provided information, specifically as follows:

a) Information about the sender and recipient, including: Full name, address, and telephone number (if available).

b) Information related to the mail, including: Content of packages or items.

In cases where goods require accompanying documents for transportation according to the law, the sender shall be responsible for providing original or copies of invoices, certificates, specialized permits, certificates of approval, or other documents certified by competent authorities.

3. Information on the time and location of mail acceptance shall be recorded in one of the following ways: Stamping, handwriting, printing, affixing labels, or electronic data.

4. Postal service providers shall be responsible for storing information about senders, recipients, and information related to the mail as specified in Clause 2 of this Article for a minimum of one year from the date of receipt."

16. Supplement Article 15c following Article 15 as follows:

"Article 15c. Publicizing Postal Service Tariffs

1. Objectives:

a) Postal service providers;

b) Postal service agency providers have the right to decide and adjust postal service tariffs.

2. Contents of publicizing:

a) Postal service tariffs in Vietnamese currency, including all types of taxes and additional fees of the service;

b) Other related information (if any).

3. Time of publicizing: From the date when the enterprise or organization provides the service.

4. Methods of publicizing: Through one or more methods such as posting at service points, written notifications, publishing on websites, or other methods to facilitate observation and recognition by all organizations and individuals.

5. Publicized postal service tariffs must be consistent with the tariffs already announced to competent state authorities on postal matters by the enterprise or organization."

17. Supplement Article 15d following Article 15 as follows:

"Article 15d. Announcing Postal Service Tariffs

1. Implementing entity: Enterprises and organizations as stipulated in Clause 1 of Article 15c of this Decree.

2. Contents of announcement:

a) Changes in tariffs for currently applied postal services for different customer groups;

b) New tariffs for newly introduced postal services for different customer groups.

3. Receiving authority:

a) State authorities with postal service licensing powers that have issued postal service licenses or notification letters for postal service operations, for enterprises as stipulated in point a of Clause 1 of Article 15c of this Decree;

b) Local state authorities with postal service licensing powers, for organizations as stipulated in point b of Clause 1 of Article 15c of this Decree.

4. The announcement shall be made in writing or through an online information system in accordance with guidelines from the Ministry of Information and Communications.

5. Powers and responsibilities of state authorities with postal service licensing powers:

a) Have the right to use the tariff information announced by enterprises and organizations for purposes of analysis, synthesis, forecasting market price fluctuations, and building databases;

b) Have the responsibility to supervise, inspect, and audit the contents of tariff announcements for postal services in accordance with the law.

6. Powers and responsibilities of enterprises and organizations as stipulated in Clause 1 of this Article:

a) Have the right to provide postal services at the announced tariffs;

b) Shall notify the state authorities with postal service licensing powers as stipulated in Clause 3 of this Article of the tariffs within five working days from the effective date of the tariffs; implement accurately and truthfully and bear responsibility for the accuracy and honesty of the publicly announced and notified tariffs;

c) Comply with supervision, inspection, and auditing by state authorities with postal service licensing powers."

18. Supplement Article 15đ following Article 15 as follows:

"Article 15đ. Promotions in Postal Service Provision

1. Promotions in postal service provision shall be carried out in accordance with the law on trade."

2. The maximum discount rate for postal services promoted through price reduction shall not exceed 50% of the most recent published and announced tariff rate in accordance with the regulations.

Article 2. Replacing and abolishing certain provisions of Decree No. 47/2011/NĐ-CP dated June 17, 2011, of the Government detailing the implementation of certain contents of the Law on Postal Services.

1. Replacing the following annexes:

a) Annex I.

b) Annex II.

c) Annex III.

d) Annex IV.

d) Annex V.

e) Annex VII.

2. Abolishing Article 3; Article 5; point g, Clause 3, Article 6; point c, Clause 2, Article 7; point c, Clause 2, Article 12; Clause 2, Article 13; Clause 5, Article 15; Annex VI; Annex IX; Annex X.

1. This Decree takes effect from June 1, 2022.

Article 3. Implementation Provisions

2. From the date this Decree comes into force, Circular No. 02/2012/TT-BTTTT dated March 15, 2012, of the Minister of Information and Communications detailing the supply and use of postal services shall cease to be effective.

3. The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees at all levels, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree.

APPLICATION FOR POSTAL LICENSE FORM

Appendix I
(Attached to Decree No. 25/2022/NĐ-CP
dated April 12, 2022, of the GovernmentAPPLICATION FOR POSTAL LICENSE

To: …(name of licensing authority),

Pursuant to the Postal Law No. 49/2010/QH12 dated June 17, 2010;

Pursuant to Decree No. …/20…/ND-CP …;

(Name of enterprise) … requests … (licensing authority) … to issue a postal license with the following contents:

Part 1. Information about the enterprise

1. Enterprise name in Vietnamese: (as recorded on the business registration certificate, in uppercase letters) …

Abbreviated enterprise name (as recorded on the business registration certificate):

Enterprise name in foreign language (as recorded on the business registration certificate): …

2. Main office address: (as recorded on the business registration certificate):

3. Business registration certificate number: …issued by …on …at …

6. Website (if any) …Email: …

7. Legal representative:

Name …Position: …Personal identification number/citizen identification card/passport number: …

8. Contact person during the process of applying for the postal license:

Part 2. Summary description of the service

1. Type of service requested for licensing: …

2. Scope of service provision: …

3. Service delivery method: …

Part 3. Licensing period

Licensing period: …years

Part 4. Enclosed documents

Enclosed documents include:

Part 5. Commitments

1 .......................................................................................................................................

2 .......................................................................................................................................

(Name of enterprise) hereby commits:

1. To bear full responsibility under the law for the accuracy and legality of the contents in the application for a postal license and accompanying documents and files.

2. If granted a postal license, (name of enterprise) will strictly comply with the relevant Vietnamese laws and regulations stipulated in the postal license.

SAMPLE OF NOTICE ON POSTAL ACTIVITY

ANNEX II

(Attached to Decree No. 25/2022/NĐ-CP dated April 12, 2022, of the Government)

NAME OF ORGANIZATION, ENTERPRISE

NOTICE

To: ... (name of the authority confirming the notice of postal activity)

Pursuant to the Postal Law No. 49/2010/QH12 dated June 17, 2010;

Pursuant to Decree No. …/20…/NĐ-CP …;

(Name of organization, enterprise) hereby notifies the postal activities as follows:

(Name of organization, enterprise) notifies postal activities as follows:

Part 1. Information about the organization, enterprise

1. Name of the organization, enterprise in Vietnamese: (name recorded on the business registration certificate/business operation registration certificate, written in capital letters ...)

Abbreviated name of the organization, enterprise (name recorded on the business registration certificate/business operation registration certificate): ...

Name of the organization, enterprise in foreign language (name recorded on the business registration certificate/business operation registration certificate): ...

2. Main office address: (address recorded on the business registration certificate/business operation registration certificate):

3. Business registration certificate/business operation registration certificate number: ...issued by ...on ...at ...

4. Postal service permit/notification of postal service activity confirmation number: ...issued by the Ministry of Information and Communications on ...(in cases where the notification of postal service activities is provided for in points d, đ, e, Clause 1, Article 25 of the Postal Law)

5. Registered capital: ...

6. Telephone: ...Fax: ...

7. Website (if any) ...Email: ...

8. Head of the organization/legal representative of the enterprise:

Full Name: …

Position: ...

Personal identification number/national identity card/passport: ...

Permanent residence registration place: …

Telephone: ...Email: ...

9. Person to be contacted regularly during the process of requesting issuance of the notification of postal service activity confirmation:

Full name: ...Position: ...

Personal identification number/national identity card/passport: ...

Telephone: ...Email: ...

Part 2. Summary description of postal service/activity

1. Type of postal service/activity:

2. Scope of postal service/activity provision:

3. Method of postal service/activity provision:

4. Date of commencement of postal service/activity provision:

Part 3. Attached documents

Part 5. Commitments

1 ....................................................................................................................................

2 ....................................................................................................................................

Part 4. Commitment

(Name of the organization, enterprise) hereby commits:

1. To bear legal responsibility for the accuracy and legality of the contents in this notification document and attached files.

2. To strictly comply with relevant Vietnamese laws and regulations and the provisions in the notification of postal service activity confirmation.

ANNEX III

ANNEX V

MODEL OF THE REQUEST FOR ISSUANCE OF A NEW POSTAL LICENSE/NOTIFICATION CONFIRMATION DOCUMENT ON POSTAL ACTIVITY
NAME OF ORGANIZATION, ENTERPRISE

ANNEX VII