Law on Postal Services No. 49/2010/QH12

LAW

Postal Services

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly enacts the Postal Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates postal activities; rights and obligations of organizations and individuals in postal activities and state management over postal activities.

Article 2. Applicability

This Law applies to organizations and individuals implementing or participating in implementing postal activities in Vietnam.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Postal activities include investment, business, supply, and use of postal services, universal postal services, and postal stamps.

2. Mail includes letters, parcels, and consignments accepted, transported, and delivered legally through the postal network.

3. Postal service is a service accepting, transporting, and delivering mail by various means from the sender's location to the recipient's location through the postal network, excluding electronic means.

4. Universal postal service is a postal service supplied upon the State’s request, including general postal service, postal service for national defense, security, and special tasks.

5. General postal service is a postal service regularly supplied to citizens under conditions regarding volume, quality, and tariff rates set by competent state authorities.

6. Letter is information exchanged in written form, either handwritten or printed, with or without a recipient address, except for regular publications, books, newspapers, and magazines.

7. Unaddressed letter is a letter without recipient-related information on the letter or its envelope, including advertising and promotional letters.

8. Basic letter service is a letter service without additional value factors.

9. Postal network is a system of facilities for mail operation, postal service points connected by transport routes and delivery routes to provide postal services.

10. Public postal network is a postal network invested in by the State and managed and operated by designated enterprises.

11. Postal service point is a place accepting and delivering mail, including post offices, kiosks, agents, public mailboxes, and other forms for accepting and delivering mail.

12. Public mailbox is a postal service point within the public postal network used for accepting basic letters.

13. Centralized mailbox is a collection of household mailboxes installed at convenient locations for the delivery and receipt of mail in high-rise residential buildings and office buildings with multiple independent addresses.

14. Transit time of mail is the period from when mail is accepted until it is delivered to the recipient.

15. Information on postal service usage includes the contents of the mail, personal information such as name, address, and telephone number (if available) of the sender and recipient, and related information.

16. Postal service user is an organization or individual using postal services, including the sender and recipient.

17. Sender is an organization or individual named in the section recording the sender's information on the mail or in the contract for supplying and using postal services.

18. Recipient is an organization or individual named in the section recording the recipient's information on the mail or in the contract for supplying and using postal services.

19. Designated enterprise is an enterprise supplying postal services designated by the State to fulfill universal postal service obligations and participate in international postal service operations and other services within the framework of World Postal Union treaties and other international treaties in the postal sector to which the Socialist Republic of Vietnam is a party.

20. Vietnamese postal stamp is a publication issued by the competent Vietnamese state authority on postal matters to prepay postal service tariffs on the public postal network and recognized within the World Postal Union network.

21. Foreign postal stamp is a publication issued by member countries of the World Postal Union to prepay postal service tariffs and recognized within the World Postal Union network.

Article 4. Principles of Postal Service Operations

1. Ensuring security, safety, timeliness, accuracy, and convenience in the provision and use of postal services.

2. Ensuring the confidentiality of letters in accordance with the provisions of the law.

3. Operating postal service businesses under a market mechanism with state management.

4. Ensuring the continuous and stable provision of public postal services to society.

5. Respecting and protecting the legitimate rights and interests of organizations and individuals participating in postal activities.

Article 5. State Policy on Postal Services

1. Building and developing a modern postal industry to serve economic and social development, ensuring national defense, security, and people's livelihood.

2. Building and perfecting a competitive environment in accordance with the provisions of the law for various economic sectors to participate in postal activities.

3. Encouraging the application of scientific and technological progress and human resource training to develop postal services.

4. Strengthening international integration, cooperation, and implementing international commitments in the field of postal services.

5. Applying preferential mechanisms for the provision of public postal services in areas with difficult socio-economic conditions and particularly difficult socio-economic conditions.

Article 6. Cases of Priority Acceptance, Transportation, and Delivery of Mail in Emergency Situations

1. Fire prevention, disaster prevention, and other catastrophes.

2. Disease prevention.

3. Rescue operations.

4. Serving national defense and security.

Article 7. Prohibited Acts

1. Sending, accepting, transporting, and delivering mail containing content that incites, disrupts security, undermines ethnic unity, and opposes the Socialist Republic of Vietnam.

2. Sending, accepting, transporting, and delivering mail containing weapons, explosive materials, toxic substances, radioactive materials, narcotics, pathogens causing diseases for terrorist purposes, endangering citizens' lives and property, and disrupting public order and social security.

3. Sending, accepting, transporting, and delivering mail containing immoral cultural products contrary to Vietnamese customs and traditions.

4. Impersonating another person when using postal services.

5. Embezzling, stealing mail; tampering with the contents of mail.

6. Disclosing information about the use of postal services, opening and destroying mail illegally.

7. Damaging public postal facilities; obstructing lawful postal activities.

8. Engaging in illegal competition practices in postal activities.

9. Producing, trading, and using Vietnamese and foreign postal stamps illegally.

10. Conducting postal activities illegally.

Chapter II

PROVISION AND USE OF POSTAL SERVICES

Article 8. Contracts for Provision and Use of Postal Services

1. A contract for the provision and use of postal services is an agreement between a postal service provider enterprise and the sender, whereby the enterprise accepts, transports, and delivers mail to the requested location, and the sender must pay the postal service fee.

2. Contracts for the provision and use of postal services can be concluded in writing or established through actions. The date stamp or information identifying the time and place of acceptance of mail serves as the basis for determining the responsibility of the postal service provider enterprise.

Article 9. Written Contracts for Provision and Use of Postal Services

1. A written contract for the provision and use of postal services must include the following main contents:

a) Type of postal service;

b) Volume and quantity of mail;

c) Time, location, and method of providing postal services;

d) Quality of postal services;

đ) Rights and obligations of the parties;

e) Fee and payment method;

g) Liability and maximum compensation amount in case of breach of contract.

2. Written contracts must be drafted in Vietnamese; if the parties agree to use another language, the Vietnamese version and the version in the other language have equal legal force.

3. The receipt confirming the acceptance of mail between the postal service provider enterprise and the sender has the same legal force as a written contract concluded between the parties, except where the parties have agreed otherwise.

Article 10. Establishment of Postal Service Supply and Usage Contracts through Specific Acts

Depositing letters meeting the conditions stipulated in Clause 1 of Article 11 of this Law into public mailboxes with affixed Vietnam Post stamps or pre-paid postage marks from postal service providers constitutes the establishment of a contract between the postal service provider and the sender.

Article 11. Acceptance and Delivery of Mail

1. Mail shall be accepted if it meets all of the following conditions:

a) It does not contain items or goods specified in Article 12 of this Law;

b) It contains information related to the sender and recipient on the mail, except where the parties have agreed otherwise;

c) The full postal service fee has been paid, except where the parties have agreed otherwise;

d) It is packaged according to the requirements of the postal service.

2. Mail shall be deemed to have been accepted in the following cases:

a) The mail has been accepted by the postal service provider at a postal service point or at the sender's address;

b) Letters meeting the conditions stipulated in Clause 1 of this Article have been deposited into public mailboxes.

3. Mail shall be deemed to have been delivered properly in the following cases:

a) It has been delivered to the recipient's address, including centralized mailboxes, family mailboxes, leased mailboxes, or other forms designated for receiving mail;

b) It has been delivered to the recipient at a postal service point responsible for delivery;

c) It has been delivered according to the request of the postal service user.

Article 12. Prohibited Items and Goods from Being Sent, Accepted, or Transported via the Postal Network

1. Items and goods prohibited from circulation under Vietnamese law.

2. Items and goods sent from Vietnam to other countries that are prohibited from export under Vietnamese law or prohibited from import under the laws of the receiving country.

3. Items and goods sent to Vietnam from other countries that are prohibited from import under Vietnamese law.

4. Items and goods prohibited from being transported by postal means according to Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Article 13. Ensuring Safety in the Provision and Use of Postal Services

1. Mail of organizations and individuals is guaranteed safety from the time of acceptance until delivery as stipulated in Clauses 2 and 3 of Article 11 of this Law.

2. In case the outer packaging of the mail is damaged or torn, the postal service provider shall be responsible for inventorying, preparing a record, and re-packaging it in accordance with the requirements of the postal service to ensure the safety of the mail.

3. Organizations and individuals engaged in postal activities in Vietnam shall be responsible for ensuring the safety of people, mail, and the postal network.

Article 14. Ensuring Security in the Provision and Use of Postal Services

1. In case mail is found to violate the provisions of Article 12 of this Law, the postal service provider shall be responsible for:

a) Ceasing transportation and delivery of such mail;

b) Notifying relevant state agencies to handle the matter in accordance with the law.

2. State agencies with authority may temporarily cease transportation and delivery of mail; inspect, process mail, or request information about the use of postal services in the following situations:

a) There is evidence indicating that the mail is related to or leads to violations of national security laws or serious violations of other laws;

b) The mail is related to a criminal case where inspection, processing of mail, and requests for information about the use of postal services are permitted by law.

3. The temporary cessation of transportation and delivery of mail; inspection, processing of mail, or requests for information about the use of postal services as stipulated in Clause 2 of this Article can only be carried out after receiving a written request from a state agency with authority in accordance with the law.

4. The cessation, temporary cessation of transportation and delivery of mail; inspection, processing of mail, and requests for information about the use of postal services as stipulated in Clauses 1 and 2 of this Article must be recorded in a report signed by the relevant parties.

5. Organizations and individuals shall not take advantage of the cessation, temporary cessation of transportation and delivery of mail; inspection, processing of mail, and requests for information about the use of postal services to cause damage to the interests of the State, the legitimate rights and interests of organizations and individuals providing and using postal services.

6. Postal service providers shall be responsible for cooperating and creating favorable conditions for state agencies with authority to carry out tasks as stipulated in Clause 2 of this Article.

7. The cessation, temporary cessation of transportation and delivery of mail; inspection, processing of mail, and requests for information about the use of postal services shall not affect the normal operation and quality of postal services provided by postal service providers.

Article 15. Exporting and Importing Mail

1. The exporting and importing of mail must be carried out in accordance with the provisions of this Law and other relevant laws.

2. International postal service enterprises may represent the postal service users to perform export and import procedures for mail when they are the legitimate representatives of the postal service users.

Article 16. Rights to Dispose, Change Name and Address of Recipient, Withdraw Mail, and Forward Mail

1. Mail that has not yet been delivered to the recipient still belongs to the sender's right to dispose of it, except in cases where it is seized or destroyed according to the provisions of this Law and other relevant laws.

2. The sender has the right to change the name and address of the recipient or withdraw the mail if the mail has not yet been delivered to the recipient and the sender provides proof of sending. The sender must pay the postal service fee arising from changing the name and address of the recipient or withdrawing the mail, except in cases where the parties have agreed otherwise.

3. When the mail has not yet been delivered to the recipient's address and the postal service user informs the postal service enterprise about the change of the recipient's address, the mail will be forwarded to the new address. The person requesting the forwarding of the mail must pay the postal service fee, except in cases where the parties have agreed otherwise.

Article 17. Undeliverable Mail, Returned Mail, Non-Returnable Mail to Sender, Mail Without Recipient

1. Mail is considered undeliverable in the following cases:

a) There is no recipient's address; the recipient's address is incomplete or incorrect;

b) The recipient has changed their address but did not leave a new address;

c) The recipient cannot be found at the recorded address;

d) After failing to deliver, the postal service enterprise has invited the recipient at least twice, each time separated by two working days, but the recipient did not come to collect;

đ) The recipient refuses to accept the mail.

2. Mail shall be returned to the sender when it cannot be delivered to the recipient and the sender requests its return. The sender must pay the postal service fee when returning the mail, except in cases where the parties have agreed otherwise.

3. Basic letters up to 500 grams (g) that cannot be delivered are automatically returned to the sender and exempted from postal service fees upon return.

4. Mail is considered non-returnable to the sender in the following cases:

a) There is no sender's address; the sender's address is incomplete or incorrect;

b) The sender has changed their address but did not leave a new address;

c) The sender cannot be found at the address recorded on the mail;

d) After failing to deliver, the postal service enterprise has invited the sender at least twice, each time separated by two working days, but the sender did not come to collect;

đ) The sender refuses to accept the mail back.

5. Mail is considered without a recipient when it cannot be delivered to the recipient as stipulated in Clause 1 and cannot be returned to the sender as stipulated in Clause 4 of this Article within six months from the date the mail was accepted. This period does not apply to mail that the recipient refuses to accept and the sender also refuses to accept back.

Article 18. National Postal Code

1. The national postal code consists of a set of characters to identify one or a group of postal addresses as prescribed by the competent state agency for postal services.

2. The construction of postal codes must ensure the following principles:

a) Ensuring scientificity, stability, and non-repetition;

b) Based on administrative geography, population density, and distributed throughout the country;

c) In line with the guidelines of the Universal Postal Union and international practices.

3. Encouraging organizations and individuals participating in postal activities to apply the national postal code to improve the quality of postal services.

Article 19. Postal Network Serving Party and State Agencies, Defense, and Security

1. The postal network serving Party and State agencies, defense, and security is established to provide postal services for these agencies, operating without commercial purposes.

2. The postal network prescribed in Clause 1 of this Article may only be connected to the public postal network.

Chapter III

INVESTMENT AND BUSINESS IN POSTAL SERVICES

Article 20. Investment and Business in Postal Services

1. Organizations and individuals investing in and conducting business in postal services shall comply with the provisions of this Law and other relevant laws.

2. Forms, conditions for investment and business, and the proportion of foreign investors' capital contribution in the activity of investing in and conducting business in postal services must comply with the provisions of Vietnamese law and international treaties related to postal services to which the Socialist Republic of Vietnam is a member.

Article 21. Conditions for Issuing Business License for Postal Services

1. An enterprise providing letter service with a receiving address weighing up to two kilograms (kg) must have a postal service business license issued by the competent state agency for postal services.

2. An enterprise will be granted a postal service business license when it meets the following conditions:

a) Having a certificate of registration for business operation in postal services or a certificate of investment in the postal sector;

b) Possessing financial capability and human resources appropriate to the proposed business plan for obtaining the license;

c) Having a feasible business plan consistent with regulations on rates and quality of postal services;

d) Having measures to ensure information security and safety for people, mail, and the postal network.

Article 22. Content and Validity Period of the Postal Service Business License

1. The postal service business license contains the following main contents:

a) Name and headquarters address of the enterprise granted the postal service business license;

b) Type of postal service provided;

c) Scope of postal service provision;

d) Standards and quality of postal services provided;

đ) Rights and obligations of the enterprise granted the postal service business license;

e) Validity period of the postal service business license.

2. The postal service business license is issued with a validity period not exceeding ten years.

Article 23. Amendment, Supplement, and Reissue of the Postal Service Business License

1. In case of need to change the content recorded in the already issued postal service business license, the enterprise must go through the procedures for amending and supplementing the license.

2. The reissuance of the postal service business license shall be carried out in the following cases:

a) The postal service business license has expired;

b) The postal service business license is lost or damaged and cannot be used;

c) At the request of the competent state agency issuing the postal service business license.

Article 24. Revocation of Postal License

1. The competent state agency issuing postal licenses shall revoke the postal license if the enterprise holding the license commits any of the following acts:

a) Engaging in activities against the Socialist Republic of Vietnam; harming national security, public order, and social safety;

b) Providing false or intentionally misleading information to obtain the license;

c) No longer meeting the conditions for obtaining the license;

d) Providing postal services not in accordance with the contents specified in the license, causing serious consequences to the interests of the State, rights and legitimate benefits of organizations and individuals;

đ) Within one year from the date of issuance of the license, has not commenced providing the postal services specified in the license;

e) Leasing, lending, or transferring the license in violation of the law.

2. After one year from the date of revocation of the license pursuant to points b, c, d, đ, and e of Clause 1 of this Article, if the consequences caused have been remedied and the conditions for obtaining the license as stipulated in Article 21 of this Law are met, the enterprise whose license was revoked may proceed with the procedures to apply for a new license.

Article 25. Notification of Postal Activities

1. The following postal activities must be notified in writing to the competent state agency on postal matters:

a) Providing unaddressed letter service with a single-piece weight up to two kilograms (kg);

b) Providing letter service with a single-piece weight exceeding two kilograms (kg);

c) Providing parcel service;

d) Acting as an agent for foreign postal service enterprises;

đ) Receiving trademark licensing in the postal sector from abroad;

e) Acting as a representative for foreign postal service enterprises;

g) Establishing branches or representative offices of postal service enterprises established under Vietnamese law;

h) Establishing representative offices of foreign postal service enterprises.

2. In case of changes to the previously notified content, the postal service enterprises and organizations specified in points g and h of Clause 1 of this Article must notify such changes to the competent state agency on postal matters.

3. The competent state agency on postal matters shall confirm in writing the cases of notification as stipulated in Clauses 1 and 2 of this Article.

4. The notification confirmation document for postal service activities will be reissued in case it is lost or damaged and cannot be used.

5. During the notification procedure period, postal service enterprises and organizations specified in point g and point h of Clause 1 of this Article may conduct postal activities based on their Business Registration Certificate, Investment Certificate, Branch Establishment License of foreign traders, or trademark licensing approval notice already issued in Vietnam.

Article 26. Cases Not Requiring a Postal License or Notification of Activities

1. Individuals receiving, transporting, and delivering letters, parcels, and goods based on mutual agreement with the sender without charging fees, up to the maximum number of mail items as prescribed by the competent state agency on postal matters.

2. Organizations receiving, transporting, and delivering letters, parcels, and goods within their own premises or for their customers without charging fees.

3. Postal service activities as stipulated in Clause 1 of Article 19 of this Law.

Chapter IV

QUALITY AND POSTAGE OF POSTAL SERVICES

Article 27. Quality of postal services

1. The quality of universal postal services shall be managed based on national technical standards for universal postal services issued by competent state agencies in charge of postal affairs.

2. The quality of postal services that do not fall under universal postal services shall be announced and applied by enterprises providing postal services in accordance with the provisions of the Postal Law and other relevant laws.

3. The State encourages enterprises providing postal services to apply international standards in the postal sector.

Article 28. Tariff for postal services

1. The basis for establishing and adjusting tariffs for postal services includes:

a) Production costs, supply and demand relations in the market;

b) Tariff levels for similar services in regional and global markets.

2. Tariffs for universal postal services shall be stipulated by competent state agencies in charge of postal affairs in accordance with this Law and the Law on Prices.

3. Enterprises providing postal services have the responsibility to:

a) Determine the tariff for postal services provided by their enterprise, except for services listed in the tariff schedule prescribed by competent state agencies;

b) Register and declare postal service tariffs in accordance with the Law on Prices;

c) Notify competent state agencies in charge of postal affairs about the tariffs for postal services;

d) Publicly display postal service tariffs.

Chapter V

RIGHTS AND OBLIGATIONS OF ENTERPRISES PROVIDING POSTAL SERVICES AND USERS OF POSTAL SERVICES

Article 29. Rights and obligations of enterprises providing postal services

In addition to the rights and obligations stipulated in the Enterprise Law, enterprises providing postal services also have the following rights and obligations:

1. To establish a postal network to provide postal services;

2. To be paid the full tariff for postal services they provide;

3. To inspect the contents of packages and items before accepting them;

4. To refuse to provide postal services if they discover mail violating the provisions of Article 12 of this Law and the conditions for providing postal services by enterprises;

5. To handle undeliverable mail as prescribed in Clause 5, Article 17 of this Law;

6. To provide complete and accurate information about postal services to users of postal services;

7. To publicly display at service points the list of prohibited items and goods from being sent, accepted, or transported through the postal network as prescribed in Article 12 of this Law and the conditions for providing postal services by enterprises;

8. To ensure safety and security in the provision and use of postal services as prescribed in Articles 13 and 14 of this Law;

9. To bear legal responsibility when intentionally accepting mail violating the provisions of Clauses 1, 2, and 3 of Article 7 and Article 12 of this Law;

10. Not to disclose information about the use of postal services by organizations and individuals, except as prescribed in Article 14 of this Law;

11. Not to provide postal services in violation of the scope of exclusive postal services under any form;

12. To receive reasonable remuneration and expenses when acting on behalf of users of postal services to perform export and import procedures for international mail as prescribed in Article 15 of this Law;

13. To implement services to change the name or address of the recipient, withdraw mail, forward, and return mail as prescribed in Clauses 2 and 3 of Article 16 and Clauses 2 and 3 of Article 17 of this Law;

14. To resolve complaints, disputes, and compensate for damages in accordance with this Law and other relevant laws.

Article 30. Rights and Obligations of Postal Service Users

Postal service users have the following rights and obligations:

1. To be provided with complete and accurate information about the postal services they use by the postal service provider enterprise.

2. To have their safety and information security guaranteed.

3. To lodge complaints regarding the postal services they have used.

4. To be compensated for damages in accordance with the provisions of the law.

5. To correctly record the name and address of the sender and recipient.

6. To provide information on mail items.

7. To bear legal responsibility for mail items.

8. To comply with regulations concerning the safety and security of mail items.

9. To pay the full postage for the postal services they use, except in cases where postage is waived or reduced according to the law or other agreements between the parties.

10. To pay reasonable remuneration and expenses when the enterprise carries out export and import procedures for mail items.

11. To facilitate the enterprise in delivering mail to their address or installing mailboxes at convenient locations for mail delivery.

12. To compensate the postal service provider enterprise for damages in accordance with Article 42 of this Law.

Chapter VI

POSTAL SERVICES OF PUBLIC UTILITY

Article 31. Principles of Public Utility Postal Services Operations

1. Ensuring the provision of essential postal services to society with quality meeting national technical standards for postal services and postage rates suitable for the payment capacity of citizens.

2. Gradually reducing state regulation and support in providing public utility postal services according to a set schedule.

Article 32. Provision of Public Utility Postal Services

1. The State supports the provision of public utility postal services through dedicated postal service scopes and other supporting mechanisms.

2. The Prime Minister designates the state-managed postal enterprise to manage the public postal network and provide public utility postal services according to tasks and plans assigned by the State.

3. The postal service provider enterprise specified in Clause 2 of this Article shall provide dedicated postal services, including letter services with a designated recipient address and individual weight up to two kilograms (kg), at postage rates prescribed by law.

4. The scope of dedicated postal services will gradually decrease based on the development of postal services during each period as stipulated in Clause 2 of Article 44 of this Law.

Article 33. Rights and Obligations of Public Utility Postal Service Providers

In addition to the rights and obligations stipulated in Article 29 of this Law, public utility postal service providers also have the following rights and obligations:

1. To establish a nationwide public postal network to provide domestic and international postal services; install public mailboxes to accept basic letters.

2. To ensure the provision of public utility postal services and perform other public tasks assigned by the State according to the list, scope, postage rates, and national technical standards decided by competent state agencies.

3. To develop and submit to competent state agencies proposals for postage rates for postal services prescribed by the State.

4. To inspect, repair, maintain, and protect works belonging to the public postal network.

5. To use specialized transportation means for entering, exiting, and parking in urban areas to provide public utility postal services according to priority regulations of local competent state agencies.

6. Not to subsidize losses from competing services below cost using revenues from dedicated postal services.

7. To separately track public utility postal services and dedicated postal services and report the results of providing these services to the Ministry of Information and Communications.

8. To produce and supply Vietnam Postage Stamps.

9. To effectively utilize the public postal network to operate financial, savings, money transfer, newspaper publication, and other services in accordance with the law.

10. Not to refuse to provide public utility postal services when users have fulfilled requirements for service use.

Article 34. Public Postal Network

1. The public postal network shall be constructed and developed according to the planning approved by the competent state agency. Service points of the public postal network shall be located at railway stations, bus terminals, seaports, airports, border gates, residential areas, and other public places to meet the needs of users.

2. Based on the development planning of the public postal network and the land use planning and plan already approved, the People's Committee of provinces and centrally governed cities shall allocate land for construction projects belonging to the public postal network to provide and use public postal services.

3. When constructing new urban areas, concentrated residential areas, high-rise apartment buildings, office buildings, the project investors shall be responsible for:

a) Allocating convenient locations for enterprises designated to provide public postal services to install public mailboxes in urban areas and concentrated residential areas;

b) Installing centralized mailboxes in high-rise apartment buildings and office buildings.

4. In urban areas, concentrated residential areas, high-rise apartment buildings, and office buildings that have been put into use before this Law takes effect but do not yet have public mailboxes or centralized mailboxes, management units shall be responsible for:

a) Allocating convenient locations for enterprises designated to provide public postal services to install public mailboxes in urban areas and concentrated residential areas;

b) Allocating locations and organizing for users of postal services in high-rise apartment buildings and office buildings to carry out the installation of centralized mailboxes.

Chapter VII

POSTAGE STAMPS

Article 35. Vietnam Postage Stamps

1. The Ministry of Information and Communications is the sole authority deciding on the issuance of Vietnam postage stamps.

2. Vietnam postage stamps must display:

a) The phrase "Vietnam";

b) The phrase "Postal Service";

c) The printed price on the stamp (if applicable) in Vietnamese dong.

3. The theme and design of Vietnam postage stamps shall not contain contents, images, symbols, signs that incite hatred among ethnic groups, religions; oppose the Socialist Republic of Vietnam; or are inconsistent with social morals and Vietnamese customs.

4. Vietnam postage stamps shall be assigned a code number of Vietnam and participate in the World Postal Union numbering system.

5. Vietnam postage stamps and related documents shall be stored in accordance with the provisions of the law on archives.

Article 36. Using Postage Stamps to Prepay Postal Service Rates

1. Vietnam postage stamps may be used to prepay domestic postal service rates and international postal service rates from Vietnam to other countries.

2. Foreign postage stamps may not be used to prepay domestic postal service rates and international postal service rates from Vietnam to other countries.

Article 37. Using Postage Stamps for Business and Collecting

1. Organizations and individuals may engage in business and collecting Vietnam postage stamps and foreign postage stamps, except as provided in Clause 3 of this Article.

2. The importation of foreign postage stamps shall be carried out in accordance with the regulations of the competent state agency on postal services.

3. Organizations and individuals shall not engage in business, exchange, exhibit, or promote the following types of stamps:

a) Counterfeit postage stamps;

b) Postage stamps containing contents, images, symbols, signs that incite hatred among ethnic groups, religions; oppose the Socialist Republic of Vietnam; or are inconsistent with social morals and Vietnamese customs;

c) Postage stamps that have been officially recalled by the competent state agency;

d) Foreign postage stamps with contents and origins that are inconsistent with the announcements of member countries' postal authorities of the World Postal Union and philatelic associations.

Chapter VIII

RESOLUTION OF DISPUTES AND COMPENSATION FOR DAMAGE IN THE PROVISION AND USE OF POSTAL SERVICES

Article 38. Complaints in the supply and use of postal services

1. Users of postal services and enterprises supplying postal services have the right to file complaints to protect their legitimate rights and interests.

2. The complaints referred to in Clause 1 of this Article must be made in writing. The statute of limitations for filing complaints is as follows:

a) Six months, from the date the full journey time of the mail ends, for complaints regarding the loss of mail or the late delivery of mail compared to the published full journey time; in cases where the enterprise does not publish the full journey time, the statute of limitations shall be calculated from the day following the acceptance of that mail.

b) One month, from the date the mail is delivered to the recipient, for complaints regarding the damage or deterioration of the mail, postage charges, and other contents directly related to the mail.

3. The deadline for resolving complaints is as follows:

a) Not exceeding two months, from the date of receipt of the complaint, for domestic postal services;

b) Not exceeding three months, from the date of receipt of the complaint, for international postal services.

4. Within the deadlines specified in Clause 3 of this Article, the party receiving the complaint must resolve the complaint and notify the complaining party; if the complaining party does not receive a response notification or disagrees with the resolution of the complaint by the receiving party beyond the deadline specified in Clause 3 of this Article, they have the right to request dispute resolution.

5. If the complaint is not filed within the time limit specified in Clause 2 of this Article, the request for dispute resolution will have no value.

Article 39. Resolution of disputes in the supply and use of postal services

1. The resolution of disputes in the supply and use of postal services shall be carried out through the following forms:

a) Negotiation between the parties;

b) Mediation;

c) Resolution at Arbitration or Court.

2. The resolution of disputes in the supply and use of postal services at Arbitration or Court shall be carried out in accordance with the provisions of the law.

Article 40. Principles of compensation for damages in the supply and use of postal services

1. Compensation for damages in cases where mail is lost, damaged, or entirely substituted shall be determined according to the limit of liability for full compensation for that service.

2. Compensation for damages in cases where mail is partially lost, damaged, or substituted shall be based on actual losses but shall not exceed the limit of liability for full compensation for that service, except where the parties have agreed otherwise.

3. Compensation for damages shall be in Vietnamese Dong and shall be paid in one lump sum, except where the parties have agreed otherwise.

4. Indirect damages or lost profits due to the failure of the postal service to meet the quality standards announced by the enterprise shall not be compensated.

5. The level of compensation for damages shall be announced and applied by the enterprise providing postal services, but shall not be lower than the level of compensation prescribed by competent state authorities.

Article 41. Liability for compensation for damages of enterprises providing postal services

1. Enterprises providing postal services shall be liable to compensate for damages to users of postal services when the quality of the postal service announced by the enterprise is not guaranteed or when there is a breach of contract, except in the case provided for in Clause 4 of this Article.

2. In cases where part of the damage occurs due to the user's breach of contract, the enterprise shall be exempt from liability for compensation corresponding to the extent of the damage caused by the user.

3. Compensation for damages shall be paid to the sender, except where the enterprise providing postal services and the sender have agreed otherwise; in cases where the mail is partially damaged or lost and the recipient agrees to accept the remaining portion, compensation for damages shall be paid to the recipient.

4. Except where the parties have agreed otherwise, enterprises providing postal services shall not be liable for compensation in the following cases:

a) Damage occurring entirely due to the fault of the user in breaching the contract or due to the inherent characteristics or defects of the items contained in the mail;

b) The user cannot prove the sending of the mail and its subsequent deterioration or damage;

c) The mail has been delivered and the recipient did not raise any objections upon receipt;

d) The mail was confiscated or destroyed in accordance with Vietnamese law or the law of the receiving country;

e) The user did not comply with the regulations on complaints and dispute resolution as stipulated in Articles 38 and 39 of this Law;

f) Cases of force majeure as prescribed by law.

Article 42. Liability for Compensation of Postal Service Users

1. A postal service user must compensate for damages to the postal service provider and related parties as prescribed by law when sending items or goods that are not allowed to be sent as stipulated in Article 12 of this Law or when the mail is not packaged or wrapped as required under Point d Clause 1 Article 11 of this Law.

2. Except where otherwise agreed upon by the parties, a postal service user shall not be liable for compensation in the following cases:

a) Damage occurs due to the postal service provider's breach of the contract concluded;

b) The mail has been accepted in accordance with the agreement in the contract;

c) The postal service provider fails to comply with the provisions on complaints and dispute resolution as stipulated in Articles 38 and 39 of this Law.

Chapter IX

STATE MANAGEMENT RESPONSIBILITIES FOR POSTAL ACTIVITIES

Article 43. State Management Responsibilities for Postal Activities

1. The Government shall uniformly manage state affairs concerning postal activities throughout the country.

2. The Ministry of Information and Communications shall be responsible before the Government for implementing state management over postal activities.

3. Ministries and ministerial-level agencies within their respective tasks and authorities shall implement state management over postal activities according to the division of labor by the Government.

4. Provincial People's Committees and Municipal People's Committees directly under the central government shall implement state management over postal activities according to the delegation by the Government.

Article 44. Responsibilities of the Ministry of Information and Communications

1. Propose the Government to issue specific regulations on conditions and forms of investment, commercial operations in providing postal services; conditions, authority, procedures for issuing, amending, supplementing, reissuing postal licenses, notification confirmation documents for postal service operations; compensation for damages in providing and using postal services; postal stamps; administrative penalties for violations in postal activities.

2. Propose the Prime Minister to issue decisions on the list of public postal services, support mechanisms for public postal services, postal networks serving Party and State agencies, price management for postal service fees, phased reduction and end date for exclusive postal service areas.

3. Issue specific regulations on national postal code; date stamp; undeliverable mail; forwarding, returning mail; cases not requiring a postal license or notification confirmation document; statistical reports in postal activities; complaints in providing and using postal services; quality of postal services.

4. Decide on the list of postal services and public postal service fee rates after coordinating with the Ministry of Finance.

5. Coordinate with the Ministry of Finance to regulate export and import of mail; handling undelivered mail; exemption and reduction of postal service fees and organization of such exemptions and reductions; establishment of a list of postal services requiring price registration.

6. Coordinate with the Ministry of Industry and Trade to regulate guidance on promotional activities and competition resolution in providing postal services.

7. Coordinate with the Ministry of Construction to regulate installation of public mailboxes, centralized mailboxes in urban areas, concentrated residential areas, high-rise apartments, office buildings.

8. Coordinate with the Ministry of Public Security to regulate principles and conditions for suspending, temporarily suspending transportation and delivery of mail, inspection and handling of mail, and requests for information on postal service usage; postal networks serving security.

9. Coordinate with the Ministry of National Defense to regulate postal networks serving defense.

10. Coordinate with relevant ministries and sectors to guide the handling of contraband and prohibited goods sent through postal channels.

11. Coordinate with provincial and municipal people's committees to guide the planning process and approval procedures for local public postal network plans.

Chapter X

IMPLEMENTING PROVISIONS

Article 45. Effective Date

1. This Law takes effect from January 1, 2011.

2. Provisions on postal services in the Ordinance on Postal Services and Telecommunications No. 43/2002/PL-UBTVQH10 cease to be effective from the date this Law takes effect.

3. Postal licenses issued prior to the date this Law takes effect shall continue to be valid until the expiration date stated on the issued license.

Article 46. Detailed regulations and guidance on implementation

The Government shall provide detailed provisions and guidance on the implementation of the Articles and Clauses assigned in this Law; provide necessary guidance on other contents of this Law to meet management requirements.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam at its seventh session of the twelfth term on June 17, 2010