Decree No. 47/2011/ND-CP detailing the implementation of certain contents of the Law on Postal Services.

DECREE

Detailed Implementation of Certain Provisions of the Post Law

_________________________

 

THE GOVERNMENT

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

Pursuant to the Post Law dated June 17, 2010;

Considering the proposal of the Minister of Information and Communications,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates detailed implementation of certain provisions of the Post Law regarding investment in the postal sector, postal licenses, notification confirmation documents for postal activities, postal stamps, compensation for damages in the provision and use of postal services.

Article 2. Interpretation of Terms

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

1. The limit of liability for minimum compensation for damages is the lowest level of compensation that organizations and individuals must provide to those who have suffered losses due to their own actions in the provision and use of postal services.

2. SDR is the currency unit defined by the International Monetary Fund (IMF).

3. Letter service is the service of accepting, transporting, and delivering information exchanged in handwritten or printed form, with or without an address (excluding regular publications, books, newspapers, magazines), from the sender's location to the recipient's location through the postal network by various means except electronic methods.

5. Provision of international postal services involves accepting mail from Vietnam for transportation and delivery abroad or receiving mail from abroad for transportation and delivery in Vietnam, or both directions.

6. Date stamp is a mark indicating information about the place and date of stamping.

7. Special stamp is a stamp designed for the Vietnamese postal stamp series issued specially for important events. Special stamps are used for collection purposes and can be used like date stamps on the first day of issue.

8. Postal stamp with cancellation mark is a postal stamp that has been stamped with a date stamp or other marks indicating the cancellation of the stamp.

9. Valid period is the time frame during which special postal stamps are sold on the public postal network from the date of issuance to the expiration date according to the regulations of the Ministry of Information and Communications.

Chapter II

INVESTMENT IN THE POSTAL SECTOR

1. Foreign-invested projects with capital under 15 billion Vietnamese dong must undergo review but do not need to be submitted.

2. Foreign-invested projects with capital of 15 billion Vietnamese dong or more must undergo review before submission.

3. The agency issuing the investment certificate shall be responsible for sending the file to seek the review opinion of the Department of Information and Communications for projects investing in postal service provision within a province or the Ministry of Information and Communications for projects investing in postal service provision across provinces or internationally.

Article 4. Implementation and Transfer of Investment Projects

POSTAL LICENSES AND DOCUMENTS

CONFIRMATION OF NOTIFICATION OF POSTAL ACTIVITIES

1. The financial capability condition specified in point b, Clause 2, Article 21 of the Postal Law is defined as follows:

a) For the provision of postal services within the province or between provinces, the enterprise must have a minimum capital of VND 2 billion;

b) For the provision of international postal services, the enterprise must have a minimum capital of VND 5 billion.

2. The minimum capital requirement stipulated in Clause 1 of this Article must be reflected in the business registration certificate for postal activities or the investment certificate for postal activities in Vietnam issued by the enterprise.

Article 6. Documents for Application for Issuance of Postal License

a) Application form for postal license (in accordance with the model at Appendix I);

d) Business plan;

đ) Sample of postal service supply and usage contracts in compliance with the laws on postal services;

e) Sample of trademarks, brand names, special symbols or elements of the enterprise's identification system displayed on postal items (if any);

g) Tariff table for postal service fees in compliance with the laws on postal services;

h) Quality standards for postal services announced to be applied in compliance with the laws on postal services;

i) Regulations on the limit of liability for compensation in case of damage occurrence, customer complaint resolution procedures, and complaint resolution deadlines in compliance with the laws on postal services;

k) Agreement with other enterprises or foreign partners in Vietnamese language, in cases of cooperation in supplying one, some, or all stages of postal services for which a license is requested;

3. The business plan includes the following main contents:

b) The area planned to provide services;

c) System and management methods for service operation;

d) Service supply process including acceptance, transportation, and delivery processes;

đ) Service supply method organized independently by the enterprise or through cooperation with another enterprise (in cases of cooperation with another enterprise, the enterprise requesting the postal license must detail the scope of cooperation, coordination work to ensure safety, security, and resolution of complaints and compensation for service users);

e) Measures to ensure safety for people, postal items, postal networks, and information security in postal activities;

Article 7. Documents for Application for Confirmation of Notification of Postal Activities

1. For cases specified in points a, b, c Clause 1 Article 25 of the Postal Law, the documents for application for confirmation of notification of postal activities shall be established in one original set, including:

a) Notification document of postal activities (in accordance with the model at Appendix II);

2. For cases specified in points d, đ, e Clause 1 Article 25 of the Postal Law, the documents for application for confirmation of notification of postal activities shall be established in one original set, including:

a) Notification document of postal activities (in accordance with the model at Appendix II);

b) A copy of the registration approval document for trademark licensing issued by the competent state agency, stamped and confirmed by the enterprise and responsible for the accuracy of the copy, in cases of receiving trademark licensing from abroad into Vietnam;

e) Documents stipulated in points b, đ, e, g, h, i Clause 2 Article 6 of this Decree.

3. For cases specified in points g, h Clause 1 Article 25 of the Postal Law, the documents for application for confirmation of notification of postal activities shall be established in one original set, including:

a) Notification document of postal activities (in accordance with the model at Appendix II);

b) A copy of the establishment license issued by the competent state agency, stamped and confirmed by the enterprise and responsible for the accuracy of the copy.

1. Enterprises and organizations applying for a postal service license or an announcement of postal activities must submit the application dossier directly or send it via postal service to the competent state agency for postal affairs as stipulated in Article 9 of this Decree and assume responsibility for the accuracy and truthfulness of the dossier. The announcement of postal activities to the competent state agency for issuing the announcement of postal activities must be made no later than seven working days from the first day of postal activity.

2. From the date of receiving the application dossier meeting the requirements stipulated in Articles 6 and 7 of this Decree, the issuance of the postal service license and the announcement of postal activities will be carried out within the following time limits:

a) Thirty days, for the examination and issuance of the postal service license;

b) Ten working days, for the examination and issuance of the announcement of postal activities.

3. Within three working days from the date of receiving the application dossier, the competent state agency for issuing the postal service license and the announcement of postal activities shall send a receipt of the dossier to the email address of the enterprise or organization applying for the postal service license or the announcement of postal activities.

4. If the application dossier for the issuance of the postal service license or the announcement of postal activities does not meet the requirements stipulated in Articles 6 and 7 of this Decree, within seven working days from the date of receiving the dossier, the competent state agency for issuing the postal service license and the announcement of postal activities shall send the first notification regarding the contents that need to be amended and supplemented in the dossier. Within fifteen working days from the date of notification, the enterprise or organization shall be responsible for amending and supplementing the dossier according to the requirements.

5. If the dossier is not amended and supplemented as required or if it is amended and supplemented but still does not meet the requirements, the competent state agency for issuing the postal service license and the announcement of postal activities shall send the second notification within seven working days from the end of the first notification period. Within fifteen working days from the date of notification, the enterprise shall be responsible for amending and supplementing the dossier according to the requirements.

6. If the dossier is not amended and supplemented as required, the competent state agency for issuing the postal service license and the announcement of postal activities shall issue a refusal notice for the issuance of the postal service license and the announcement of postal activities within seven working days from the end of the second notification period.

7. If the enterprise amends and supplements the dossier but still does not meet the requirements, the process of amending and supplementing the dossier shall continue to be carried out according to the procedure stipulated in Clause 5 of this Article.

8. If the issuance of the postal service license and the announcement of postal activities is refused, within the time limit stipulated in Clause 2 of this Article, the competent state agency for issuing the postal service license and the announcement of postal activities must notify in writing and specify the reasons.

9. After the competent state agency issues a postal service permit, or confirms a notification of postal service operation that results in a refusal to issue a postal service permit, or confirms a notification of postal service operation, if a business or organization wishes to continue requesting a postal service permit or confirming a notification of postal service operation, they must submit the application dossier and follow the procedures stipulated in Articles 6, 7, and 8 of this Decree.

1. The Department of Information and Communications has the authority:

b) To issue notifications of postal activity confirmation for the provision of postal services specified in points a, b, c Clause 1 Article 25 of the Postal Law within the province and cases specified in point g Clause 1 Article 25 of the Postal Law.

2. The Ministry of Information and Communications has the authority:

b) To issue notifications of postal activity confirmation for the provision of postal services specified in points a, b, c Clause 1 Article 25 of the Postal Law across provinces, internationally, and cases specified in points d, đ, e, h Clause 1 Article 25 of the Postal Law.

3. Postal licenses and notifications of postal activity confirmation for the provision of postal services across provinces and internationally simultaneously have validity for providing postal services within the province of centrally governed cities and provinces related to such services.

1. The contents that must be notified when changes occur:

a) Changes in the legal representative, main office address, and contact phone number of the business compared to the most recent application dossier for a postal service permit.

b) Changes in service quality standards; service supply and usage contracts; regulations related to complaints and compensation for damages compared to the most recent application dossier for a postal service permit.

c) Changes in the contents previously notified compared to the application dossier for confirming a notification of postal service operation as prescribed in Article 7 of this Decree.

2. Within seven working days from the date of the changes specified in Clause 1 of this Article, the business or organization must notify in writing (according to Form III) the competent state agency that issued the postal service permit or confirmed the notification of postal service operation.

3. In cases where the changes specified in points b and c of Clause 1 of this Article are not in compliance with postal service laws, within five working days from the date of receipt of the change notification from the business or organization, the competent state agency that issued the postal service permit or confirmed the notification of postal service operation must notify in writing the business or organization to amend and supplement accordingly.

1. If there is a need to change the information recorded in an already issued postal service permit, the business must complete the procedures to amend and supplement the postal service permit. The agency issuing the postal service permit is the authority responsible for amending and supplementing the postal service permit.

2. The application dossier for amending and supplementing a postal service permit consists of one original copy and must be submitted directly or sent via postal service to the competent state agency that issued the postal service permit.

3. The application dossier for amending and supplementing a postal service permit includes:

a) A request for amending and supplementing a postal service permit (according to Form IV).

b) Relevant documents concerning the proposed amendments and supplements to the postal service permit.

4. Within ten working days from the date of receiving the dossier meeting the requirements stipulated in Clauses 2 and 3 of this Article, the competent state agency that issued the postal service permit is responsible for reviewing and amending and supplementing the postal service permit. If the amendment and supplement are not approved, the competent state agency that issued the postal service permit must notify the business in writing and specify the reasons within five working days from the date of receipt of the amendment and supplement dossier.

5. In cases where the scope of postal service provision is amended and supplemented leading to a change in the authority issuing the postal service permit, the business must submit the dossier and follow the procedures for issuing a new permit.

Article 12. Reissuing of Postal Service License Upon Expiry

a) A request for renewing a postal service permit (according to Form V).

d) Business plans for the subsequent period, if the business has incurred losses for two consecutive years.

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

3. The reissuing of the postal service license upon expiry shall be carried out within no more than 10 working days from the date of receiving the application dossier meeting the requirements stipulated in Clause 1 and Clause 2 of this Article.

4. The procedures for reissuing the postal service license shall be implemented according to the provisions set forth in Article 8 of this Decree.

5. In cases where a business entity has a postal service license that has expired or fails to complete the procedures for reissuing the postal service license within the time limit prescribed in Clause 1 of this Article, the business entity requesting the reissuance of the postal service license must submit the application dossier and follow the procedures for issuing a new license.

a) An application for reissuing postal permits or notification documents confirming postal activities (in accordance with the form attached at Appendix V);

b) The original postal permit still within its validity period or the notification document confirming postal activities, in cases of non-functionality.

4. The reissued postal permit or notification document confirming postal activities is a copy of the original document managed by the competent state agency that issued the postal permit or notification document confirming postal activities.

1. Enterprises and organizations receiving issuance, amendment, supplementation, or reissuance of postal permits or notification documents confirming postal activities must pay fees as prescribed by law.

2. The fee levels, management, and utilization of fees for issuing, amending, supplementing, or reissuing postal permits or notification documents confirming postal activities shall be implemented according to the regulations of the Ministry of Finance.

Enterprises and organizations receiving postal permits or notification documents confirming postal activities are responsible for:

1. Conducting postal activities in accordance with the contents specified in the postal permit or notification document confirming postal activities.

2. Not altering or erasing the information recorded in the postal permit or notification document confirming postal activities.

3. Not selling, transferring, except in cases of transferring the entire enterprise through sale or merger.

4. Not lending, renting, or pledging.

Chapter IV

POSTAGE STAMPS

Article 16. Classification of Vietnamese Postage Stamps

Vietnamese postage stamps are classified as follows:

1. Ordinary postage stamps are those without a supply period and are permitted to be reprinted.

2. Special postage stamps are those with a supply period and are not permitted to be reprinted. Special postage stamps include commemorative and thematic postage stamps.

Article 17. Use of Vietnamese Postage Stamps

1. Vietnamese postage stamps may be used to prepay postal service charges when meeting the following conditions:

a) Issued by the Ministry of Information and Communications;

b) Not prohibited from circulation;

c) Not canceled;

d) Intact.

2. Special postage stamps during their supply period and ordinary postage stamps must be sold on the public postal network at the price printed on the stamp, except for canceled postage stamps.

3. Special postage stamps beyond their supply period still retain their value for prepayment of postal service charges.

4. The recovery and handling of special postage stamps beyond their supply period shall be carried out according to the regulations of the Ministry of Information and Communications.

5. Printing Vietnamese postage stamps on publications must use stamps marked with the word "specimen" or canceled stamps, except in cases of enlargement many times over in poster or billboard format.

1. Organizations and individuals importing postal stamps with a quantity of 500 pieces or more and not included in the list of types of postal stamps prescribed in Clause 3, Article 37 of the Post Law must have a permit for importing postal stamps issued by the Ministry of Information and Communications.

2. The application dossier for issuing a permit for importing postal stamps shall be established in one original set, including:

a) An application form for issuing a permit for importing postal stamps (in accordance with Form VI attached);

b) A copy of the business registration certificate or investment certificate in Vietnam of the organization applying for import, stamped and confirmed by the organization itself, or identification card or passport of the individual applying for import;

c) Sample of the postal stamp or a copy of the postal stamp to be imported.

3. Procedures and formalities for issuing a permit for importing postal stamps:

a) Organizations and individuals applying for a permit for importing postal stamps submit directly or send through the post to the Ministry of Information and Communications and bear responsibility for the accuracy and truthfulness of the dossier;

b) From the date of receiving the dossier meeting the provisions of Clause 2 of this Article, the issuance of a permit for importing postal stamps shall be completed within seven working days;

c) The Ministry of Information and Communications sends a receipt of the dossier to the email address of the organization or individual applying for a permit for importing postal stamps within three working days from the date of receiving the dossier;

d) In cases where the dossier for issuing a permit for importing postal stamps does not meet the provisions of Clause 2 of this Article, within three working days from the date of receiving the dossier, the Ministry of Information and Communications sends a notification requesting modifications and supplements. Within five working days from the date of issuing the notification, the organization or individual is responsible for making modifications and supplements according to the requirements. If the dossier is not modified or supplemented as required, the Ministry of Information and Communications issues a notification refusing to issue a permit for importing postal stamps within five working days from the end of the notification period;

e) In cases where a permit for importing postal stamps is refused, within the time limit prescribed in point b, Clause 3 of this Article, the Ministry of Information and Communications must notify in writing and specify the reasons.

4. A permit for importing postal stamps has a validity of one-time use within a period not exceeding one year from the date of issuance and cannot be extended.

5. Cases not requiring a permit for importing postal stamps:

a) Postal stamps of member countries of the Universal Postal Union imported in accordance with the provisions of the Universal Postal Union Convention;

b) The total number of types of postal stamps for one-time import is less than 500 pieces and not included in the list of types of postal stamps prescribed in Clause 3, Article 37 of the Post Law;

c) Vietnamese postal stamps printed abroad pursuant to a decision of the Ministry of Information and Communications.

Article 19. Planning of postal stamp topics in Vietnam

1. Planning of postal stamp topics in Vietnam is developed comprehensively for one phase or for a topic to be issued over several consecutive years or at a certain frequency.

2. The program of postal stamp topics in Vietnam is developed for issuance in one year.

3. The Ministry of Information and Communications organizes the development and approval of planning and programs for postal stamp topics in Vietnam based on:

a) Important events in Vietnam and the world;

b) Proposals from organizations and individuals both inside and outside the country;

c) Demand, taste, and market for stamp collecting.

Article 20. National Advisory Council on Vietnam's Postage Stamps

1. The National Advisory Council on Vietnam's Postage Stamps is an advisory body that participates in providing opinions on matters related to the planning of Vietnam's postage stamp topics; the program for Vietnam's postage stamp topics; design samples and other issues related to Vietnam's postage stamps.

2. The Ministry of Information and Communications decides to establish the National Advisory Council on Vietnam's Postage Stamps, including representatives from the following agencies and organizations:

a) The Ministry of Information and Communications (Chairman of the Council);

b) The Central Propaganda Department;

c) The Ministry of Culture, Sports and Tourism;

d) The Vietnam Institute of Social Sciences;

đ) The Institute of History;

e) The Vietnam Fine Arts Association;

g) The Vietnam Historical Science Association;

h) The Vietnam Stamp Association;

i) Organizations and individuals in relevant fields.

3. Members of the National Advisory Council on Vietnam's Postage Stamps have the responsibility to provide materials and documents within their functions, tasks, and specialized areas related to the contents for which opinions are sought and are responsible for the materials and documents provided.

4. Members of the National Advisory Council on Vietnam's Postage Stamps shall enjoy benefits according to current regulations.

Article 21. Designing Samples of Vietnam's Postage Stamps and Special Seals

1. The designing of samples of Vietnam's postage stamps and special seals is carried out based on the approved planning and issuance programs for Vietnam's postage stamps.

2. Each design sample of Vietnam's postage stamps and special seals must include at least three different design samples with distinct content and presentation styles from at least two authors.

3. The organization of national-level design competitions for Vietnam's postage stamps on occasions of important events in Vietnam and the world is decided by the Ministry of Information and Communications.

Article 22. Archiving Postage Stamps

1. Vietnam's postage stamps designated for national archiving and the files of design samples for Vietnam's postage stamps are state assets and are stored and preserved according to the laws on archiving.

2. In addition to Vietnam's postage stamps designated for national archiving and the files of design samples for Vietnam's postage stamps as stipulated in Clause 1 of this Article, the Ministry of Information and Communications has the responsibility to archive and preserve various types of operational postage stamp warehouses for the following purposes:

a) For propaganda and promotion;

b) For scientific research;

c) For activities involving exchanges with member countries of the Universal Postal Union and international organizations;

d) For state management activities.

3. The Ministry of Information and Communications shall specify the procedures for archiving Vietnam's postage stamps designated for national archiving, the files of design samples for Vietnam's postage stamps, and the archiving procedures for the warehouses specified in Clause 2 of this Article.

Article 23. State Management Budget for Postage Stamps

The budget for state management activities concerning postage stamps as stipulated in this Decree is allocated from the state budget and balanced in the annual expenditure plan of the Ministry of Information and Communications.

Chapter V

COMPENSATION FOR DAMAGE IN THE SUPPLY AND

USE OF POSTAL SERVICES

Article 24. Principles of Compensation for Damage

1. Direct compensation for damage is implemented based on the postal service supply and usage contract. Indirect damages outside the contract or lost profits not obtained due to non-compliance with the quality of postal services agreed upon by both parties are not compensated.

2. If postal items are lost, damaged, or completely substituted, they will be compensated according to the provisions for each type of service. The level of compensation for damage set by enterprises must not be lower than the liability limit for compensation for each type of service as stipulated in Article 25 of this Decree.

3. No compensation for damage shall be provided in the following cases:

a) Postal services without confirmation documents accepting postal items;

b) Users of postal services without proof of service usage.

Article 25. Limit of Liability for Compensation of Damages

1. The minimum limit of liability for compensation of damages shall be prescribed as follows:

a) For domestic postal services: four times the service fee (including the refund of the service fee already paid) of the used service;

b) For international postal services transported by air: nine SDR/kg (calculated in increments of 500 grams, with fractions counted as 500 grams) but not less than 30 SDR/per consignment, plus the refund of the service fee already paid;

c) For international postal services transported by other means: five SDR/kg (calculated in increments of 500 grams, with fractions counted as 500 grams), plus the refund of the service fee already paid.

2. In cases where a breach of contract occurs due to non-compliance with the announced total transit time and the postal service user has proof of such non-compliance, the postal service provider shall be responsible for refunding the service fee of the used service to the postal service user.

3. The compensation for damage to international postal services within the framework of the Universal Postal Union's Documents shall be carried out by the designated service provider in accordance with the compensation provisions set forth in the Universal Postal Union's Documents.

Article 26. Time Limit for Fulfilling the Obligation to Compensate for Damage

1. The time limit for compensating for damage shall not exceed thirty days from the date when the parties establish a document determining the liability for compensation of damage.

2. If the time limit for compensating for damage stipulated in Clause 1 of this Article is exceeded, the party liable for compensation must also pay interest on late payment as prescribed by law.

Article 27. Recovery of Compensation Payments

1. In cases where a part or all of a consignment previously considered lost and compensated for according to regulations is found, the postal service provider shall have the responsibility to notify the person who received the compensation payment.

2. The person who received the compensation payment has the right to accept or refuse to accept a part or all of the found consignment.

3. In cases where the person who received the compensation payment accepts a part or all of the found consignment, they must return the corresponding compensation amount to the postal service provider.

4. In cases where the person who received the compensation payment refuses to accept a part or all of the found consignment, that part or all of the consignment belongs to the postal service provider.

Chapter VI

IMPLEMENTING PROVISIONS

Article 28. Effective Date

1. This Decree takes effect from August 15, 2011.

2. From the date this Decree takes effect, Decree No. 157/2004/NĐ-CP dated August 18, 2004 detailing the implementation of certain provisions of the Ordinance on Posts and Telecommunications regarding posts, Decree No. 128/2007/NĐ-CP dated August 2, 2007 on express delivery services and the provisions on posts in Decree No. 121/2008/NĐ-CP dated December 3, 2008 on investment activities in the posts and telecommunications sector shall cease to be effective.

Article 29. Transitional Provisions

1. Within six months from the date this Decree takes effect:

a) Postal activities specified in point d, e, h of Clause 1 of Article 25 of the Posts Law currently being implemented in Vietnam before the effectiveness of this Decree must complete the procedures for announcing postal activities in accordance with the Posts Law and this Decree;

b) Enterprises that were granted postal licenses before the effectiveness of this Decree must ensure the capital as prescribed in Clause 1 of Article 5 of this Decree.

2. Enterprises that were granted business registration certificates for express delivery services or investment certificates in the express delivery sector before the effectiveness of this Decree may continue their operations until their certificates expire, are revoked, canceled, or replaced by another document.

Article 30. Responsibility for Implementation

Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees under the Central Government, and related organizations and individuals are responsible for implementing this Decree./.