GOVERNMENT OF VIETNAM
No: 47/2011/NĐ-CP / SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
Hanoi, June 17th 2011

DECREE

On regulations for execution of some contents of Posts Law

GOVERNMENT

Pursuant to the Law on Organization of the Government dated on December 25th 2011;

Pursuant to Posts Law dated on June 17th 2010

According to proposal of Minister of Information and Communication

DECREE

Chapter I

GENERAL REGULATIONS

Article 1: Governing scope

This decree includes detailed regulations on execution of some contents of Posts Law for investment in post sector, post permit, documents certifying declarations about post activities, postage stamp, and compensation for damages in supplying and using postal services

Article 2: Explanation for terms

In this decree, some below terms will be understood as follows:

  1. Minimal limitation level of compensation for damages is the minimal compensation level which each organization, individual must pay affected agencies and individuals for losses resulting from supplying and using postal services
  2. SDR is currency unit stipulated by International Monetary Fund (IMF)
  3. Letter service equals to services for receipt, transport and transmission of information in documents written by hand or printing, with or without receiver’s address (excluding periodic products, book, press and magazine) from sender’s address to receiver’s address through post network and procedures except electronic method
  4. Supply for post services in scale of provinces is recognized as provision of post services between 2 provinces, cities directly under the central government up to
  5. International post service supply is defined as transport and redelivery of postal products from Vietnam in foreign countries or vice versa
  6. Dated stamp shows information about location and date of seal
  7. Special stamp is a kind of seal designed for Vietnam postage stamp which shall be issued on the special and important occasions. This seal serves target of collection and shows function as dated stamp on the first date of issuance.
  8. Postage stamp with cancellation is understood as the postage stamp sealed with dated stamp or other signs to show cancellation of stamp
  9. Supply period equals to duration in which special postage stamp is sold in the public postal network as from issuing until to expiration in accordance with regulations of Ministry of Information and Communication

Chapter II

INVESTMENT IN POSTAL SECTOR

Article 3: Examination of investment project

  1. Project with foreign owned capital under 15 billion VND is required to examine without report to Prime Minister to ask for decision of investment policy
  2. Project with foreign owned capital from 15 billion VND up to must be examined before reporting to Prime Minister to ask for decision of investment policy
  3. Departments in charge of issuing investment certificate have a liability to send documents relating to collecting investigation ideas of Department of Information and Communication for investment projects whose target is to provide postal services in scale of province or Ministry of Information and Communication for investment projects with function of supplying postal services in interprovincial and international scale

Article 4: Performance and transfer of investment project

  1. In time of transfer of capital and project, shut - down and delay of progress, stopping of all activities, disposal or other adjustments relating to investment project, Investor is forced to follow up regulations of Law on investment and report to postal competent state agencies as stipulated in Clause 3 Article 3 of this Decree in order to consider modification, supplementation, regrant or withdrawal of Postal permit in accordance with regulations of Law on Posts
  2. Transfer of investment project according to regulations of Law on investment excludes transfer of postal permit, except attachment with transfer of the whole enterprise

Chapter III

POSTAL PERMIT AND DOCUMENTS FOR CONFIRMATION AND DECLARATION ABOUT POSTAL ACTIVITIES

Article 5: Financial conditions

  1. Conditions relating to financial ability are specified in section b clause 2 Article 21 of Posts Law with details as follows:

a)In case of supplying postal services in scale of inside – province and inter – province, enterprise must possess amount of capital at least 02 billion VND

b)In case of supplying international postal services, enterprise is required to satisfy minimal capital level of 05 billion VND

  1. It is necessary to mention to minimal capital level stipulated in clause 1 of this Article in business registration certificate or investment certificate in sector of Post in Vietnam of enterprises

Article 6: Documents of request for issuance of postal permit

  1. Documents of request for issuance of postal permit will be made into 03 sets, including 01 original and 02 copies. Enterprise will be responsible for seal by himself and accuracy of these two duplicates
  2. Documents of request for issuance of postal permit consist of:

a)Application form for issuance of postal permit (In accordance with Form showed in Annex I);

b)Copy of business registration certificate or investment certificate in postal sector in Vietnam sealed and taken all responsibilities for accuracy by enterprise;

c)Regulations on organization and operation of enterprise (if any);

d)Business plans;

đ) Sample of contract for supply and use of postal services in accordance with regulations of law on post;

e) Specific symbol sample, mark, sign or other elements in trademark identification system of enterprise presented in postal products (if any);

g) Postal service fare complying with regulations of law on post;

h) Standard for quality of postal services published and applied in accordance with regulations Posts law

i) Regulations on limitation to liability of compensation for damages in relevant cases, process for settlement of customer’s complain and terms for settlement of claim pursuant to regulations of posts law

k) Negotiations with other enterprises, foreign partners in Vietnamese language, in case of cooperation to supply one, some or all phases of postal service requested for issuance of permit

l) Documents certified legal entity of foreign partner by consular legalization in accordance with regulations mentioned to in section k clause 2 of this Article

3. Business plan composes of following contents:

a) Information about enterprise including name, address, telephone number, fax, email address of transaction office, representative office, branch, website of enterprise (if any) and other relevant information;

b) Locations expected for supplying services;

c) System and management procedures, service operation;

d) Process for service provision including process for acceptance, transport and delivery

đ) Measures for service supply carried out by enterprises themselves or by co-operation with the others (in case of cooperating with the others, when asking for grant of postal permit, enterprise is required to present in details scope of co-operation, combination in ensuring safety, security, settling complains and paying damages to users);

e) Methods to ensure safety to human beings, postal products, postal network and information security in postal sector;

g) Analysis for feasibility and socio – economic benefits of business plans through norms on productivity, revenue, cost, number of laborers, tax to be paid for state budget, ratio of return of invested capital within 03 years as from placing request

Article 7: Documents of request for confirmation and declaration about postal activities

  1. Documents of request for confirmation and declaration about postal activities for cases stipulated in section a, b, c clause 1 of Article 25 in Posts Law are made into 01 original including:

a)Documents of request for declaration about postal activities (in accordance with Form in Annex II);

b)Documents mentioned to in section b, đ, e, g, h, i clause 2 Article 6 of this Decree

  1. Documents of request for confirmation about postal activities for cases specified in section d, đ, e clause 1 Article 25 of Posts Law are made into 01 original including:

a)Document relating to declaration about postal activities (in accordance with Form in Annex II);

b)Copy of document of approval for franchise registration granted by competent state agencies and sealed and suffered all liabilities about accuracy by enterprise, in case of receiving franchise from overseas countries into Vietnam

c)Copy of granted postal permit with validity, documents of confirmation and declaration about postal activities sealed and taken all responsibility for accuracy by enterprise himself

d)Contract with foreign partners;

đ) Documents certified legal entity of foreign partner by consular legalization;

e)Documents specified in section b, đ, e, g, h, i Clause 2 Article 6 of this Decree

  1. Documents of request for confirmation about postal activities for cases specified in section g, h clause 1 Article 25 of Posts Law are made into 01 original including:

a)Copy of establishment permit granted by competent state agencies, sealed and taken all responsibilities for accuracy by enterprise

Article 8: Order, procedure of issuance of postal permit, documents of confirmation and declaration about postal activities

  1. Enterprise, organization requesting grant of postal permit, documents of confirmation and declaration about postal activities is required to submit directly or send documents via post to postal competent state agencies in accordance with regulations in Article 9 of this Decree and must suffer all liabilities relating to accuracy and honesty of these documents

Report on postal activities to competent state agencies in charge of issuing documents of confirmation and declaration about postal activities must be carried out without excess of 07 working days as from the first working day of that activity

  1. As from receiving documents satisfying regulations stipulated in Article 6, Article 7 of this Decree, grant of postal permit, document of confirmation and declaration about postal activities must to be performed in periods as follows:

a)30 days, for examination and issuance of postal permit;

b)10 working days, for examination and grant of documents relating to confirmation and declaration about postal activities

  1. Within 03 working days as from receiving documents, competent state agencies in charge of granting postal permit, documents relating to confirmation and declaration about postal activities must send document receipt to email address of relevant enterprise and organization
  2. In the event that documents of request for issuance of postal permit, documents of confirmation and declaration about postal activities do not meet requirements stipulated in Article 6, Article 7 of this Decree, within 07 working days as from receiving documents, relevant competent state agencies are required to give a communication for the first time with contents modification and supplementation in documents. Within 15 working days as from informing, enterprise and organization have liability to adjust document in accordance with requirements
  3. In the event of there is not modification, supplementation for documents under regulations or these adjustments were performed without desired results, competent state agencies in charge of granting postal permit, documents of confirmation and declaration about postal activities must give an announcement for the second time within 07 working days as from terminating period of the first time. Within 15 working days as from informing, enterprise has a liability to modify and supplement contents in documents as required
  4. In case of without modification and supplementation of contents in documents as required, competent state agencies in charge of issuing postal permit, documents of confirmation and declaration about postal activities have to give information relating to refusal of this request within 07 working days as from deadline of the second announcement
  5. In case of existing adjustment relating to contents of documents without desired results, it is necessary to continue this task in accordance with process stipulated in clause 5 of this Article
  6. In case of refusing grant of postal permit, document of conformation and declaration about postal activities, in period as stipulated in clause 2 of this Article, relevant competent state agencies are forced to inform in writing and describe reasons in details.
  7. After receiving communication relating to refusal of postal permit and documents of confirmation and declaration about postal activities from competent state agencies, to repeat this action one more time, enterprise and organization must submit document and respect procedures as stipulated in Article 6, Article 7 and Article 8 of this Decree

Article 9: Authority for issuance of postal permit, documents of confirmation and declaration about postal activities

  1. Department of Information and Communication have competence for:

a)Granting postal permit for letter service supply in scale of a province;

b)Granting documents of confirmation and declaration about postal activities for postal service supply as stipulated in section a, b, c clause 1 Article 25 of Posts Law in scale of a province and other case stipulated in section g clause 1 Article 25 of this Law

  1. Ministry of Information and Communication have competence for:

a)Granting postal permit for letter service supply in interprovincial and international scale;

b)Granting documents of confirmation and declaration about postal activities for postal service supply as stipulated in section a, b, c clause 1 Article 25 of Posts Law in interprovincial and international scale and other cases as stipulated in section d, đ, e, h clause 1 Article 25 of this Law

  1. Postal permit, documents of confirmation and declaration about postal activities for postal service supply in interprovincial and international scale as well as in scope of a relevant province, city directly under central government

Article 10: Content of adjustments subject to announcement

  1. Contents must to be informed in case of modifications:

a)Change legal representative, address of head office, and telephone number of enterprise compared with information mentioned to in documents of request for issuance of postal permit for the latest time;

b)Change norm about quality of service, contract form for supply and use of service, regulations relating to claim, compensation compared with information described in documents of request for issuance of postal permit for the latest time;

c)Change informed contents compared with documents of confirmation and declaration about postal activities in accordance with regulations in Article 7 of this Decree

  1. In period of 07 working days as from changing contents as stipulated in clause 1 of this Article, enterprise and organization must communicate in writing (according to form in Annex III) to relevant competent state agencies
  2. In the event that modified contents under regulations in section b, c clause 1 of this Article are not suitable with regulations of Posts law, within 05 working days as from receiving notice in writing of enterprise or organization, competent state agencies granted postal permit, documents of confirmation and declaration about postal activities must send written notice to the opposite side to request necessary modification and supplementation

Article 11: Modification and supplementation in postal permit

  1. In the event of it is necessary to change contents in issued postal permit, enterprise is required to do some procedures relating to modification and supplementation of postal permit. Agency in charge of issuance of postal permit will have competence for these adjustments
  2. Documents of request for modification and supplementation in postal permit are made into 01 original set and submitted directly or sent through post to relevant competent state agencies
  3. Documents of request for modification and supplementation in postal permit consist of:
  1. Application form for modification and supplementation in postal permit (in accordance with form presented in Annex IV);
  2. Documents relating to contents of request for modification and supplementation in postal permit
  3. Copy of postal permit granted for the latest time
  1. In period of 10 working days as from receiving documents satisfying regulations in clause 2, clause 3 of this Article, competent state agency who granted postal permit have a liability to examine, modify and supplement this kind of document. If these adjustments are not approved, this body must communicate in writing to relevant enterprise, at the same time describe clearly reasons within 05 working days as from receiving document of these changes
  2. If any modification and supplementation to scope of postal service supply results in change of authority to grant of postal permit, enterprise is required to submit documents and follow up all formalities as mentioned to above

Article 12: Regrant for expired postal permit

  1. Before expiration of postal permit at least 30 days, if enterprise in charge of postal service supply still would like to continue making business, it is necessary to establish 01 original set of documents aiming to ask for regrant of postal permit and submit directly or send it through post to relevant competent state agency
  2. Document of request for regrant of expired postal permit composes of:

a)Application form for regrant of expired postal permit

b)Copy of postal permit issued for the latest time

c)Financial statements of the latest two years sealed and suffered all liability about accuracy by enterprise

d)Business plans in the next period, if enterprise has lost in 2 continuous years

đ) Documents as stipulated in section đ, e, g, h, i clause 2 Article 6 of this Decree, in case of existing changes compared with documents of request for issuance of postal permit for the latest time

  1. Regrant of expired postal permit must to be performed in maximal period of 10 working days as from receiving documents meeting regulations of section 1 and 2 of this Article
  2. Procedure for the second issuance will be executed in accordance with the order specified in Article 8 of this Decree
  3. In the event of enterprise owns an expired postal permit or does not do formalities to ask for the second grant under period stipulated in clause 1 of this Article, if having demand on this issuance one more time, enterprise is required to submit documents and follow up all procedures as request for a new permit

Article 13: Regrant of lost or damaged postal permit, documents for confirmation

  1. In the event of Postal permit and documents of confirmation and declaration about postal activities are lost or damaged, or enterprise and organization have a desire to be regranted, they must submit an original set of document directly or through post to relevant competent state agency
  2. Documents of regrant of lost or damaged postal permit, document of confirmation and declaration about postal activities consist of:

a)Application form for regrant of postal permit, document of confirmation and declaration about postal activities (according to form presented in Annex V);

b)The valid original version of above papers in case of being damaged

  1. In period of 07 working days as from receiving documents satisfying regulations in clause 1, clause 2 of this Article, relevant competent state agency is required to reissue these documents to enterprise
  2. Reissued postal permit and document of confirmation and declaration about postal activities are duplicates from original versions and under management of relevant competent state agency

Article 14: Fee

  1. To be granted, modified, supplemented, reissued a postal permit or document of confirmation and declaration about postal activities, enterprise/ organization must pay fee in accordance with regulations of law
  2. Fee level, management and use of fee received from issuance, adjustment and regrant of postal permit, document of confirmation and declaration about postal activities shall be performed complying with regulations of Ministry of Finance

Article 15: Use of postal permit, document of confirmation and declaration about postal activities