Circular No. 26/2014/TT-BTTTT detailing the implementation of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government on the import of postal stamps

CIRCULAR

Article 24detailing the implementation of Decree No. 187/2013/NĐ-CP

dated November 20, 2013 of the Government

concerning the import of postal stamps

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Pursuant to the Law on Postal Services dated June 17, 2010;

Pursuant to Decree No. 132/2013/NĐ-CP dated October 16, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to Decree No. 47/2011/NĐ-CP dated June 17, 2011 of the Government detailing certain provisions of the Postal Law;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Trade Law on international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;

Pursuant to Decision No. 41/2005/QĐ-TTg dated March 2, 2005 of the Prime Minister promulgating the Import License Issuance Regulation;

At the proposal of the Director of the Post Department,

The Minister of Information and Communications issues this Circular detailing the implementation of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government concerning the import of postal stamps.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates conditions, procedures, and formalities for issuing and reissuing import licenses; cases exempted from obtaining import licenses for postal stamps, stamp publications, and other postal stamp items (hereinafter collectively referred to as postal stamps) under the specialized management of the Ministry of Information and Communications.

Article 2. This Circular applies to organizations and individuals participating in the import of postal stamps.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Postal stamp means a publication issued by the competent authority on postal services to prepay postal service fees on the public postal network and recognized within the World Postal Union network.

2. Stamp publication means a publication printed with or affixed with postal stamps issued by the competent authority on postal services to serve customers using postal services and stamp collectors.

3. Postal stamp item means a product that uses postal stamps to present, introduce, or illustrate the product.

Article 3. Postal stamps shall not be permitted to be exported or imported

1. Counterfeit postal stamps.

2. Postal stamps containing content, images, symbols, or signs that incite hatred among ethnic groups, religions; oppose the Socialist Republic of Vietnam; and are inconsistent with social morals and Vietnamese customs.

3. Postal stamps that have been decided to be recalled by the competent state authorities.

4. Foreign postal stamps with content and origin inconsistent with the announcements of the postal authorities of World Postal Union member countries and stamp collecting associations.

Article 4. Temporary importation, re-exportation; temporary exportation, re-importation; transshipment of postal stamps

Organizations and individuals temporarily importing, re-exporting; temporarily exporting, re-importing; or transshipping postal stamps shall comply with the regulations set forth in Circular No. 05/2014/TT-BTC dated January 27, 2014 of the Ministry of Industry and Trade regarding temporary importation, re-exportation; temporary exportation, re-importation; and transshipment of goods.

Article 5. Import license for postal stamps

1. Organizations and individuals importing postal stamps listed in Appendix I attached hereto must complete the formalities to apply for an import license for postal stamps.

2. An import license for postal stamps is valid for one-time use within a period not exceeding one (01) year from the date of issuance and shall not be extended.

Article 6. Cases Exempted from Import Permit for Postal Stamps

Organizations and individuals importing postal stamps under the following cases are exempted from obtaining an import permit for postal stamps:

1. Postal stamps of member countries of the Universal Postal Union imported according to the provisions of the Universal Postal Union Convention.

2. The total number of types of postal stamps imported at one time is less than five hundred (500) and not included in the list of types of postal stamps specified in Article 3 of this Circular.

3. Vietnamese postal stamps printed abroad pursuant to the decision of the Ministry of Information and Communications.

Article 7. Procedures for Issuing Import Permits for Postal Stamps

1. The application dossier for issuing an import permit for postal stamps shall be established in one (01) set, including:

a) An application form for issuing an import permit for postal stamps according to the model attached in Appendix II of this Circular;

b) A copy of the business registration certificate or investment certificate in Vietnam of the organization applying for import, stamped with the organization's seal, or identity card or passport of the individual applying for import;

c) Sample of the postal stamp or a copy of the postal stamp proposed for import.

2. Address for receiving dossiers and delivering results

a) Address for receiving dossiers

Application dossiers for issuing import permits are sent through postal services or submitted directly to the Ministry of Information and Communications (Postal Department), No. 18 Nguyen Du Street, Hai Ba Trung District, Hanoi; Telephone: 0438226625; Fax: 04 38226954.

b) Address for delivering results

The Ministry of Information and Communications sends the import permit for postal stamps via postal service to the address of the organization or individual applying for the import permit for postal stamps, or the organization or individual may come directly to the issuing authority to collect the permit.

3. Procedure and process for issuing import permits for postal stamps

a) For dossiers meeting the requirements stipulated in Clause 1 of this Article, the issuance of the import permit for postal stamps will be completed within seven (07) working days from the date of receipt of the dossier. In case of refusal to issue the import permit for postal stamps, the Ministry of Information and Communications must notify in writing and specify the reasons.

b) For dossiers not meeting the requirements stipulated in Clause 1 of this Article, within three (03) working days from the date of receipt of the dossier, the Ministry of Information and Communications sends a notification requesting modifications and supplements. Within five (05) working days from the date of issuance of the notification, the organization or individual is responsible for making the necessary modifications and supplements. If the dossier is not modified or supplemented as requested, the Ministry of Information and Communications issues a notification refusing to issue the import permit for postal stamps within five (05) working days from the end of the notification period.

Article 8. Reissuing Import Permits for Postal Stamps

1. Organizations and individuals importing postal stamps must apply for reissuance of the import permit in cases where the permit is lost, damaged, or there are changes in the information recorded on the permit.

2. Procedures for reissuing import permits

a) The application dossier for reissuing an import permit for postal stamps includes:

- An application form for reissuing the import permit according to the model attached in Appendix IV of this Circular;

- A copy of relevant documents related to changes in the information recorded on the permit (if applicable);

b) The address for receiving the application dossier for reissuing an import permit for postal stamps is as stipulated in Point a, Clause 2, Article 7 of this Circular;

c) Time limit for processing: If the application dossier for reissuing an import permit meets the requirements, the Ministry of Information and Communications will reissue the import permit for the organization or individual importing within three (03) working days.

Article 9. Fees and charges for issuing or reissuing import permits

Organizations and individuals importing postal stamps must pay fees and charges for issuing or reissuing import permits in accordance with Circular No. 185/2013/TT-BTC dated December 4, 2013, issued by the Ministry of Finance, which stipulates the collection rates, collection procedures, payment, management, and use of fees for assessing operating conditions and charges for issuing permits in the postal sector.

Article 10. Implementation Organization

1. This Circular takes effect from February 16, 2015.

2. From the date this Circular takes effect, the provisions on importing postal stamps in Circular No. 14/2011/TT-BTTTT dated June 7, 2011, issued by the Ministry of Information and Communications detailing the implementation of Decree No. 12/2006/NĐ-CP dated January 23, 2006, of the Government regarding goods under the management of the Ministry of Information and Communications shall cease to be effective.

3. The Director of the Office, the Head of the Postal Services Department, and the Heads of relevant units under the Ministry are responsible for organizing the implementation of this Circular./.