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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
49/2010/QH12
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Hanoi,
June 17, 2010
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LAW
ON POST
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Post.
Chapter 1
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Law provides for postal
activities; the rights and obligations of organizations and individuals
involved in postal activities and the state management of postal activities.
Article 2.
Subjects of application
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Article 3.
Interpretation of terms
In this Law, the terms below are
construed as follows:
1. Postal activities include
activities of investing and commercially dealing in, and providing and using
postal services, public postal services and postage stamps.
2. Postal articles include
letters and parcels which are accepted, transmitted and delivered lawfully
through the post network.
3. Postal service means a
service of accepting, transmitting and delivering postal articles by various
modes other than electronic ones from the place of the sender to the place of
the recipient through the post network.
4. Public postal service means a
postal service provided at the request of the State, including universal postal
service and postal service for national defense and security tasks and other
special tasks.
5. Universal postal service
means a postal service constantly provided to the public under weight, quality
and postage conditions prescribed by competent state agencies.
6. Letter means communication in
written form, with or without an addressee, except for periodicals, books,
newspapers and magazines.
7. Unaddressed letter means a
letter containing no information on the recipient in the letter itself or on
its wrapping, including also letters for advertisement or propaganda.
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9. Post network means a system
of facilities dealing with postal articles and postal service points which are
linked together by transmission and delivery routes for the provision of postal
services.
10. Public post network means a
post network invested by the State and assigned to a designated enterprise for
management and operation.
11. Postal service point means a
place for accepting and delivering postal articles, including post office,
kiosk, agent, public letter box and other forms of accepting and delivering
postal articles.
12. Public post box means a
postal service point in a public post network used for accepting basic letters.
13. Consolidated letter box
means a cluster of household letter boxes installed in a place convenient for
delivering and receiving postal articles of a high-rise apartment building or
office building having many independent addresses.
14. Full postal process means a
period of time from the time of acceptance of a postal article to the time of
its delivery to the recipient.
15. Information on postal
service use includes the contents of a postal article and information on the
full names, addresses and telephone numbers (if any) of the sender and
recipient and relating information.
16. Postal service user means an
organization or individual that uses a postal service, including sender and
recipient.
17. Sender means an organization
or individual that is named in the section of information on the sender on the
postal article and in the contract on provision and use of postal service.
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19. Designated enterprise means
a postal service provider designated by the State to perform the public postal
obligation and participate in the provision of international postal services
and other services within the framework of international agreements of the
Universal Postal Union (UPU) and other international agreements on post to
which the Socialist Republic of Vietnam is a contracting party.
20. Vietnamese postage stamp
means a printed matter issued under a decision of a competent Vietnamese state
agency in charge of post for prepaying a postage on the public post network and
recognized within the UPU's network.
21. Foreign postage stamp means
a printed matter issued by a member country of the UPU for prepaying a postage
and recogniz.ed within the UPU's network.
Article 4.
Principles of postal activities
1. Assuring security, safety,
timeliness, accuracy and convenience in the provision and use of postal
services.
2. Guaranteeing letter secrecy
under law.
3. Providing postal services
under the state-managed market mechanism.
4. Assuring the constant and
stable provision of public postal services for the society.
5. Respecting and protecting the
legitimate rights and interests of organizations and individuals involved in
postal activities.
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1. To build and develop a modem
post sector to serve socio-economic development, maintenance of national
defense and security and people's life.
2. To build and perfect a
competitive environment under law to encourage all economic sectors to
participate in postal activities.
3. To encourage the application
of scientific and technological advances and the training of human resources
for postal development.
4. To step up international
integration and cooperation and realize international commitments in the post
sector.
5. To apply incentive mechanisms
for the provision of public postal services in areas with difficult
socio-economic conditions and areas with exceptionally difficult socio-economic
conditions.
Article 6.
Cases in which postal articles arc prioritized for acceptance, transmission and
delivery in case of emergencies
1. Prevention and combat of
fires, natural disasters and other calamities.
2. Prevention and combat of
diseases and epidemics.
3. Rescue and salvage.
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Article 7.
Prohibited acts
1. Sending, accepting,
transmitting or delivering postal articles with contents which provoke, undermine
security or the great national solidarity or oppose and sabotage the State of
the Socialist Republic of Vietnam.
2. Sending, accepting,
transmitting or delivering postal articles containing weapons, explosive
articles or substances, toxic or radioactive substances, narcotics or disease
germs for terrorist purposes or infringing upon the life and property of
citizens or causing social disorder and insecurity.
3. Sending, accepting,
transmitting or delivering postal articles containing cultural matters which
are contrary to social ethics or the fine traditions and customs of Vietnam.
4. Impersonating others while
using postal services.
5. Appropriating or stealing
postal articles: fraudulently exchanging contents of postal articles.
6. Disclosing information on the
use of postal services, opening or destroying postal articles in contravention
of law.
7. Damaging public post works;
impeding lawful postal activities.
8. Committing unlawful
competitive acts in postal activities.
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10. Conducting postal activities
in contravention of law.
Chapter II
PROVISION AND USE OF
POSTAL SERVICES
Article 8.
Contracts on provision and use of postal services
1. A contract on provision and
use of postal services means an agreement between a postal service provider and
a sender whereby the provider shall accept, transmit and deliver postal
articles to a place indicated by the sender and the sender shall pay a postage.
2. A contract on provision and
use of postal services shall be made in writing or established by an act. The
postmark or information showing the time and place of acceptance of a postal
article serves as a ground for determining the responsibility of the postal
service provider.
Article 9.
Contracts on provision and use of postal services in written form
1. A contract on provision and
use of a postal service in written form must have the following principal
details:
a/ Type of postal service:
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c/ Time, place and mode of
provision of the postal service:
d/ Quality of the postal
service;
e/ Rights and obligations of the
contracting parties:
f/ Postage rate and mode of
payment;
g/ Liability and maximum
compensation for a contract breach.
2. Contracts in written form
must be made in Vietnamese. In case the contracting parties agree to use a
foreign language, the Vietnamese version and the version in the foreign
language of the contract are of equal legal validity.
3. A document certifying the
acceptance of a postal article between the postal service provider and sender
is as legally valid as a contract in written form between them, unless
otherwise agreed by the parties.
Article 10.
Contracts on provision and use of postal services established by specific acts
Depositing into a public post
box which satisfies all the conditions specified in Clause 1, Article 11 of
this Law, a letter stuck with a Vietnamese postage stamp or a prepaid postage
mark of a postal service provider is an act establishing a contract between the
postal service provider and sender.
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1. A postal article may be
accepted when satisfying all the following conditions:
a/ Not containing articles or
merchandise specified in Article 12 of this Law;
b/ Bearing information on the
sender and recipient on it, unless otherwise agreed by the involved parties;
c/ Being fully paid for the
postage, unless otherwise agreed by the involved parties;
d/ Being packaged or wrapped up
to requirements of the postal service.
2. A postal article will be
regarded as having been accepted in the following cases:
a/ It has been accepted by a
postal service provider at a postal service point or the sender's address;
b/ It is a letter which
satisfies all the conditions specified in Clause 1 of this Article and has been
deposited into a public post box.
3. A postal article will be
regarded as having been properly delivered in the following cases:
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b/ It has been delivered to the
recipient at the postal service point performing the delivery;
c/ It has been delivered at the
request of the postal service user.
Article 12.
Articles and merchandise disallowed to be sent, accepted or transmitted through
the post network
1. Articles and merchandise
which are banned from circulation by Vietnamese law.
2. Articles and merchandise sent
from Vietnam to foreign countries which are banned from export by Vietnamese
law or from import by laws of countries of receipt.
3. Articles and merchandise sent
from foreign countries to Vietnam which are banned from import by Vietnamese
law.
4. Articles and merchandise
which are banned from transmission by post under Vietnamese law or a treaty to
which the Socialist Republic of Vietnam is a contracting party.
Article 13.
Assurance of safety in the provision and use of postal services
1. Safety of postal articles of
organizations and individuals shall be assured from the time of acceptance to
the time of delivery under Clauses 2 and 3, Article 11 of this Law.
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3. Organizations and individuals
that conduct or participate in conducting postal activities in Vietnam shall
assure safety for persons, postal articles and the postal network.
Article 14.
Assurance of security in the provision and use of postal services
1. In case a postal article is
detected to violate Article 12 of this Law, the postal service provider shall:
a/ Suspend the transmission or
delivery of the article;
b/ Notify such to a concerned
competent state agency for handling under law.
2. A competent state agency
shall suspend the transmission or delivery of a postal article; inspect and
handle the postal article or request the provision of information on use of the
postal service in the following cases:
a/ It has a ground for
concluding that the article is related to or used in a violation of the law on
national security or another serious illegal act;
b/ The article is related to a
criminal case and the inspection and handling thereof and the request for
information on the use of the postal service are permitted by law.
3. The suspension of the
transmission or delivery of postal articles: the inspection and handling of
postal articles or making of requests for information on the use of postal
services mentioned in Clause 2 of this Article may be effected only after
written requests are made by a competent state agency under law.
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5. The termination or suspension
of the transmission or delivery of postal articles; the inspection and handling
of postal articles and the making of requests for information on the use of
postal services must not be abused to harm the interests of the State and the
legitimate rights and interests of postal service providers and users.
6. Postal service providers
shall coordinate with and create conditions for competent state agencies in
performing the tasks specified in Clause 2 of this Article.
7. The termination or suspension
of transmission or delivery of postal articles; the inspection and handling of
postal articles and the making of requests for information on the use of postal
services must not affect normal operations and the quality of postal services
of postal service providers.
Article 15.
Import and export of postal articles
1. The import and export of
postal articles must comply with this Law and other relevant laws.
2. International postal service
providers may carry out, on behalf of postal service users, procedures for
importing or exporting postal articles when acting as lawful representatives of
these users.
Article 16.
The rights to dispose of, change the recipient's full name and address on.
withdraw postal articles and forward postal articles
1. A postal article which is not
yet delivered to the recipient is still at the sender's disposal, except in
case it is seized or destroyed under this Law and other relevant laws.
2. The sender may change the recipient's
full name and address or withdraw a postal article which is not yet delivered
to the recipient, provided he/she has a document evidencing the sending. The
sender shall pay an additional postage for changing the recipient's full name
and address or withdrawing the postal article, unless otherwise agreed by the
involved parties.
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Article 17.
Undeliverable postal articles, returned postal articles, postal articles
unreturnable to senders, postal articles without recipients
1. A postal article shall be
regarded as undeliverable in the following cases:
a/ It has no recipient address
or has an inadequate or incorrect recipient address;
b/ The recipient has changed
his/her address without notifying the new address;
c/ The recipient cannot be found
at the indicated address;
d/ After failing to deliver the
article, the postal service provider has invited at least twice every other
working day. the recipient to come to receive the postal article but the latter
does not show up;
e/ The recipient refuses to
receive the postal article.
2. A postal article shall be
returned to the sender when it is undeliverable and the sender requests the
return. The sender shall pay a postage for the return of the postal article,
unless otherwise agreed by the involved parties.
3. A basic letter weighing up to
500 grams which is undeliverable shall be automatically returned to the sender
and exempt from the postage for the return.
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a/ It has no sender address or
has an inadequate or incorrect sender address;
b/ The sender has changed
his/her address without notifying the new address;
c/ The sender cannot be found at
the address indicated on the article;
d/ After failing to deliver the
article, the postal service provider has invited at least twice every other
working day, the sender to come to receive back the article but the latter does
not show up;
e/ The sender refuses to receive
back the article.
5. A postal article shall be
regarded as having no recipient in case it is undeliverable to the recipient as
stated in Clause 1 and cannot be returned to the sender as stated in Clause 4
of this Article within 6 months after it is accepted
This time limit is not
applicable to postal articles which the recipients or senders refuse to
receive.
Article 18.
National postal code
1. The national postal code is a
combination of characters prescribed by a competent state agency in charge of
post for identifying one or a group of postal addresses.
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a/ Assuring scientificity,
stability and uniqueness;
b/ Being based on administrative
area and population density and distributed nationwide:
c/ Being compliant with the
relevant guidance of the Universal Postal Union and international practice.
3. Organizations and individuals
engaged in postal activities are encouraged to apply the national postal code
in order to raise the quality of postal services.
Article 19.
Postal networks to serve party, state and national defense and security
agencies
1. Postal networks to serve
party, state and national defense and security agencies shall be established to
provide postal services for these agencies and operate not for profit.
2. Postal networks mentioned in
Clause 1 of this Article may only be connected with public postal networks.
Chapter
III
INVESTMENT AND DEALTNG
IN POSTAL SERVICES
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1. Organizations and individuals
that invest and deal in postal services shall comply with this Law and relevant
laws.
2. Investment and dealing forms
and conditions, and the capital contribution ratio of foreign investors that
invest and deal in postal services must comply with the Vietnamese law and
post-related treaties to which the Socialist Republic of Vietnam is a
contracting party.
Article 21.
Conditions on the grant of postal service business licenses
1. Any letter service provider
that has a recipient address for a single letter weighing up to 2 kilograms
(kg) must possess a postal service business license (below referred to as
postal license) granted by a competent state agency in charge of post.
2. An enterprise may be granted
a postal license when fully satisfying the following
conditions:
a/ Having a business
registration certificate for postal activities or an investment certificate in
the post sector:
b/ Being financially capable and
staffed with personnel suitable to its business plan for business lines subject
to licensing;
c/ Having a feasible business
plan compliant with regulations on postage rates and quality of postal
services;
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Article 22.
Contents and validity duration of postal licenses
1. A postal license has the
following principal details:
a/ Name and address of the head
office of the licensed enterprise;
b/ Types of postal services to
be provided;
c/ Scope of provision of postal
services;
d/ Standards and quality of
postal services to be provided;
e/ Rights and obligations of the
licensed enterprise;
f/ Validity duration of the
postal license.
2. A postal license is valid for
up to 10 years.
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1. When necessary to modify
details of a granted postal license, the licensed enterprise shall carry out
procedures for modification or supplementation of its license.
2. A postal license may be
re-granted in the following cases:
a/ Its validity duration
expires;
b/ It is lost or damaged;
c/ Its re-grant is requested by
a state agency competent to grant postal licenses.
Article 24.
Revocation of postal licenses
1. A state agency competent to
grant postal licenses shall revoke a postal license if the licensed enterprise
commits any of the following acts:
a/ Opposing the State of the
Socialist Republic of Vietnam, to the detriment of the national security,
social order and safety;
b/ Supplying false information
or intentionally committing a fraud to obtain the license;
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d/ Providing postal services at
variance with the license's contents, seriously harming the interests of the
State and the legitimate rights and interests of organizations and individuals;
e/ Failing to provide the postal
service(s) indicated in the license one year after the license is granted;
f/ Leasing or lending the
license; illegally transferring the license.
2. One year after having its
license revoked under Points b, c, d, e and f, Clause 1 of this Article, if it
successfully remedies consequences caused by its act and ensures the conditions
for being licensed specified in Article 21 of this Law. an enterprise may carry
out procedures for applying for a new license.
Article 25.
Notification of postal activities
1. The following postal
activities shall be notified in writing to a state competent agency in charge
of post:
a/ Providing letter services
with a single unaddressed letter weighing up to 2 kilograms (kg);
b/ Providing letter services
with a single letter weighing over 2 kilograms (kg);
c/ Providing parcel services;
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e/ Undertaking a commercial
franchise in the post sector from abroad into Vietnam;
f/ Acting as a representative
for a foreign postal service provider;
g/ Acting as a branch or
representative office of a postal service provider established under the
Vietnamese law;
h/ Acting as a representative
office of a foreign postal service provider.
2. In case of a change in the
notified contents, postal service providers or organizations stated at Points g
and h, Clause 1 of this Article shall notify such change to a competent state
agency in charge of post.
3. The competent state agency in
charge of post shall certify in writing the cases of notification specified in
Clauses 1 and 2 of this Article.
4. A written certification of
notification of postal service activities shall be re-issued in case of loss or
damage.
5. While carrying out
notification procedures, postal service providers and organizations stated at
Points g and h, Clause 1 of this Article may conduct postal activities
according to their business registration certificates or investment
certificates or licenses for setting up representative offices of foreign
traders or notices of approval of registration of commercial franchises already
granted or issued in Vietnam.
Article 26.
Cases in which a postal license or activity notification is not required
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2. Organizations accept,
transmit and deliver letters and merchandise packages or parcels free of charge
within their own systems or for their customers.
3. Provision of postal services
specified in Clause 1, Article 19 of this Law.
Chapter IV
QUALITY AND POSTAGE
RATES OF POSTAL SERVICES
Article 27.
Quality of postal services
1. Quality of public postal
services shall be managed on the basis of national technical regulations on public
postal services promulgated by a competent state agency in charge of post.
2. Quality of postal services
other than public ones shall be announced by postal service providers for
application under the law on post and other relevant laws.
3. The State encourages postal
service providers to apply international standards in the post sector.
Article 28.
Postage rates
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a/ Production costs and market
supply-demand relationship;
b/ Postage rates for services of
the same type on the regional and world markets.
2. Public service postage rates
shall be prescribed by a competent state agency in charge of post under this
Law and the law on prices.
3. Postal service providers
shall:
a/ Decide on postage rates for
their postal services, except for postal services on the list of those for
which postage rates are prescribed by competent state agencies;
b/ Register and declare postage
rates under the law on prices;
c/ Notify postage rates to a
competent state agency in charge of post;
d/ Publicly post up postage
rates.
Chapter V
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Article 29.
Rights and obligations of postal service providers
In addition to the rights and
obligations provided in the Law on Enterprises, postal service providers have
the following rights and obligations:
1. To establish postal networks
to provide postal services;
2. To fully receive postages for
their postal services;
3. To check contents of
merchandise packages and parcels before accepting them;
4. To refuse to provide postal
services when detecting that postal articles violate Article 12 of this Law and
their regulations on conditions on the provision of postal services;
5. To dispose of postal articles
without recipient as specified in Clause 5. Article 17 of this Law;
6. To provide sufficient and
accurate information on postal services to postal service users;
7. To publicly post up at postal
service points lists of articles and merchandise banned from sending, acceptance
and transmission through postal networks as specified in Article 12 of this Law
and their regulations on conditions on the provision of postal services:
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9. To be held responsible before
law for intentional acceptance of postal articles in violation of Clauses 1, 2
and 3, Article 7 and Article 12 of this Law;
10. To refrain from disclosing information
on the use of postal services by organizations and individuals, except for the
cases specified in Article 14 of this Law;
11. To refrain from providing
postal services in any form in violation of regulations on the scope of postal
service for exclusive use;
12. To get remunerations and
reasonable expenses paid for carrying out procedures for importing or exporting
international postal articles as stated in Article 15 of this Law on behalf of
postal service users:
13. To provide the services of changing
full names and addresses of recipients, withdrawing postal articles, forwarding
and returning postal articles under Clauses 2 and 3. Article 16, Clauses 2 and
3, Article 17 of this Law;
14. To settle complaints and
disputes and pay compensations under 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 by postal
service providers with adequate and accurate information on postal services
they use;
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3. To lodge complaints about
used postal services;
4. To get compensations for
damage under law;
5. To correctly write full names
and addresses of the sender and recipient;
6. To provide information on
postal articles;
7. To be held responsible before
law for postal articles;
8. To comply with regulations on
safety and security of postal articles;
9. To fully pay postages for
postal services they use, unless they are eligible for postage exemption or
postage reduction as provided by law or otherwise agreed by the involved
parties;
10. To pay remunerations and
reasonable expenses to postal service providers for carrying out procedures for
importing or exporting postal articles;
11. To create favorable
conditions for postal service providers to deliver postal articles to their
addresses or install letter boxes in places convenient for the delivery of
postal articles;
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Chapter VI
PUBLIC POSTAL ACTIVITIES
Article 31.
Principles of public postal activities
1. Assuring the public provision
of basic postal services of quality according to national technical regulations
on post and at postage rates affordable for the people.
2. Gradually reducing according
to a roadmap state subsidies for the provision of public postal services.
Article 32.
Provision of public postal services
1. The State subsidizes the
provision of public postal services by specifying the scope of exclusive postal
services and formulating other support mechanisms.
2. The Prime Minister designates
state postal enterprises to manage public postal networks and provide public
postal services according to their tasks and plans assigned by the State.
3. Public postal service
providers defined in Clause 2 of this Article shall provide exclusive postal
services, including also services of delivering addressed letters with a single
letter weighing up to 2 kilograms (kg) at a postage rate prescribed by law.
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Article 33.
Rights and obligations of public postal service providers
In addition to the rights and
obligations provided in Article 29 of this Law. public postal service providers
have the following rights and obligations:
1. To establish nationwide
public postal networks to provide postal services at home and abroad; to install
public letter boxes for acceptance of basic letters;
2. To provide public postal
services and perform other public tasks assigned by the State according to the
list, scope, postage rates and national technical regulations decided by a
competent state agency;
3. To elaborate and submit to a
competent state agency plans on postage rates prescribed by the State:
4. To inspect, repair, maintain
and protect works in public postal networks;
5. To use special-use vehicles
running and parking in urban areas to provide public postal services under
local competent state agencies' priority regulations applicable to these
vehicles;
6. To refrain from using
turnover from exclusive postal services to subsidize losses incurred from the
provision of other competitive services at postage rates lower than costs;
7. To separately supervise
public postal services and exclusive postal services and report results of
provision of these services to the Ministry of Information and Communications;
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9. To effectively use public
postal networks for providing financial, savings, money transfer, press
distribution and other services under law;
10. To refrain from refusing to
provide public postal services for service users that have satisfied all
requirements on service use.
Article 34.
Public postal networks
1. Public postal networks shall
be built and developed under approved master plans. Service points of public
postal networks shall be located in railway stations, car terminals, seaports,
airports, border gates, population quarters and other public places to meet
user needs.
2. Based on approved master
plans on the development of public postal networks and land use master plans
and plans, provincial-level People's Committees shall allocate land areas for
the construction of works of public postal networks to serve the provision and
use of public postal services.
3. When constructing new urban
centers, densely populated areas, high-rise apartment buildings and office
buildings, investors shall:
a/ Arrange convenient places for
enterprises designated to provide public postal services to install systems of
public letter boxes in urban centers or densely populated areas;
b/ Install consolidated letter
boxes in high-rise apartment buildings and office buildings.
4. Units managing urban centers,
densely populated areas, high-rise apartment stores and office buildings, which
are commissioned before the effective date of this Law but in which there is no
public or consolidated letter box, shall:
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b/ Arrange convenient places for
postal service users in high-rise apartment buildings and office buildings to
install consolidated letter boxes.
Chapter
VII
POSTAGE STAMPS
Article 35.
Vietnamese postage stamps
1. The Ministry of Information
and Communications is the sole agency that decides on the issuance of
Vietnamese postage stamps.
2. A Vietnamese postage stamp
must display:
a/ The word "Vietnam";
b/ The word "Post";
c/ The price (if any) printed on
it in Vietnam dong.
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4. Vietnamese postage stamps
must bear the Vietnamese code and join the code system of the Universal Postal
Union.
5. Vietnamese postage stamps and
relevant documents shall be archived under the law on archive.
Article 36.
Use of postage stamps to prepay postages
1. Vietnamese postage stamps are
used to prepay postages for domestic postal services and international postal
services provided from Vietnam to foreign countries.
2. Foreign postage stamps cannot
be used to prepay postages for domestic postal services and international
postal services provided from Vietnam to foreign countries.
Article 37.
Use of postage stamps for commercial and philatelic purposes
Organizations and individuals
may trade in and philatelic ally collect Vietnamese and foreign postage stamps,
except for the cases specified in Clause 3 of this Article.
2. The import of foreign postage
stamps must comply with regulations of a competent state agency in charge of
post.
3. Organizations and individuals
may not trade in. exchange, display and propagate the following kinds of
postage stamps:
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b/ Postage stamps containing
details, images. symbols and signs which provoke hatred among nations,
nationalities and religions, oppose the State of the Socialist Republic of
Vietnam, or are contrary to social ethics and fine traditions and customs of
Vietnam;
c/ Postage stamps subject to
withdrawal under a competent state agency's decisions;
d/ Foreign postage stamps with
inappropriate contents and origin as notified by post agencies of member
countries of the Universal Postal Union and Philatelists Associations.
Chapter
VIII
SETTLEMENT OF DISPUTES
AND PAYMENT OF COMPENSATIONS FOR DAMAGE IN THE PROVISION AND USE OF POSTAL
SERVICES
Article 38.
Complaints about the provision and use of postal services
1. Postal service users and
providers may lodge complaints to protect their legitimate rights and
interests.
2. Complaints mentioned in
Clause 1 of this Article must be made in writing. The time limit for lodging a
complaint is as follows:
a/ Six months from the date of
expiration of the full postal process of a postal article, for complaints about
the loss of postal articles or late delivery of postal articles compared to the
announced full postal process. In case no full postal process is announced by
the postal service provider, the time limit shall be counted from the date
following the date of acceptance of the postal article;
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3. The time limit for settling
complaints is as follows:
a/ Two months from the date of
receipt of a complaint about domestic postal services;
b/ Three months from the date of
receipt of a complaint about international postal services.
4. Within the time limit
specified in Clause 3 of this Article, the complaint-receiving body shall
settle the complaint and notify the settlement result to the complainant. Past
the time limit specified in Clause 3 of this Article, if the complainant
receives no notice of the settlement result from the complaint-receiving body
or disagrees with this result, he/she/it may request the settlement of a
dispute.
5. In case a complaint is not
lodged within the time limit specified in Clause 2 of this Article, the request
for dispute settlement is invalid.
Article 39.
Settlement of disputes in the provision and use of postal services
1. Disputes in the provision and
use of postal services shall be settled in any of the following forms:
a/ Negotiation between disputing
parties;
b/ Conciliation;
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2. The settlement of disputes in
the provision and use of postal services by an arbitration or a court must
comply with law.
Article 40.
Principles for payment of compensations for damage in the provision and use of
postal services
1. A compensation payable for
damage in case of loss, damage or fraudulent alteration of the whole of a
postal article shall be determined according to the limit liability to pay
compensation for the whole damage applicable to the postal service concerned.
2. A compensation payable for
damage in case of loss, damage or fraudulent alteration of part of a postal
article shall be determined on the basis of actual damage but must not be
higher the limit liability to pay compensation for the whole damage applicable
to the postal service concerned, unless otherwise agreed by the involved
parties.
3. Compensations for damage
shall be paid in Vietnam dong and in lump sum. unless otherwise agreed by the
involved parties.
4. No compensation shall be made
for an indirect damage or a benefit not generated from the provision of postal
services of quality lower than that announced by the service provider.
5. The level of compensation for
damage shall be announced and applied by postal service providers but must not
be lower than that prescribed by a competent state agency in charge of post.
Article 41.
Compensation liabilities of postal service providers
1. Postal service providers
shall pay compensations for damage caused to postal service users due to
failing to assure the quality of postal services they have announced or
breaching signed contracts, except for the cases specified in Clause 4 of this
Article.
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3. Compensations for damage
shall be paid to senders, unless otherwise agreed by postal service providers
and senders. In case a postal article is partially damaged or lost but the
recipient agrees to receive the remaining part, the compensation for damage
shall be paid to the recipient.
4. Unless otherwise agreed by
involved parties, a postal service provider is not required to pay a
compensation for damage in the following cases:
a/ Damage is entirely caused by
the postal service user's breach of contract or a natural characteristic or
inherent defect of the object contained in the postal article;
b/ The postal service user fails
to evidence the sending of and harm or damage to the postal article and its
damage;
c/ The postal article has been
delivered and the recipient makes no complaint upon receiving it;
d/ The postal article has been
confiscated or destroyed under the Vietnamese law or the law of the recipient's
country;
e/ The postal service user fails
to strictly comply with x Articles 38 and 39 of this Law on complaints and
settlement of disputes;
f/ In force majeure
circumstances prescribed by law.
Article 42.
Compensation liabilities of postal service users
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2. Unless otherwise agreed by
involved parties, a postal service user is not required to pay a compensation
for damage in the following cases:
a/ Damage is caused by the
postal service provider's breach of the signed contract;
b/ The postal article has been
accepted according to the contract's agreement;
c/ The postal service provider
fails to comply with Articles 38 and 39 of this Law on complaints and
settlement of disputes.
Chapter IX
STATE MANAGEMENT
RESPONSIBILITIES FOR POSTAL ACTIVITIES
Article 43.
State management responsibilities for postal activities
1. The Government performs the
unified state management of postal activities nationwide.
2. The Ministry of Information
and Communications is answerable to the Government for performing the state
management of postal activities.
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4. Provincial-level People's
Committees shall perform the state management of postal activities as
decentralized by the Government.
Article 44.
Responsibilities of the Ministry of Information and Communications
1. To submit to the Government
for promulgation specific regulations on investment conditions and forms,
commercial provision of postal services; conditions, competence and procedures
for the grant, supplementation and re-grant of postal licenses and written
certifications of operation notification; payment of compensations for damage
in the provision and use of postal services; postage stamps; and handling of
administrative violations in postal activities.
2. To submit to the Prime
Minister for promulgation or decision the list of public postal services, the
mechanism for support of public postal services, postal networks serving party
and state agencies, the management of postage rates,
a schedule for the incremental
reduction and time of termination of exclusive postal services.
3. To specify the national
postal code; postmarks; undeliverable postal articles; forwarding and return of
postal articles; cases in which a postal license or written certification of
operation notification is not required; statistical reports on postal
activities; complaints about the provision and use of postal services; and
quality of postal services.
4. To decide on the list of
public postal services and their postage rates after consulting the Ministry of
Finance.
5. To coordinate with the
Ministry of Finance in providing for the import and export of postal articles;
handling postal articles without recipient: providing for and organizing
postage exemption or reduction; and drawing up a list of postal services subject
to postage rate registration.
6. To coordinate with the
Ministry of Industry and Trade in guiding sales promotion and settling
competition-related cases in the provision of postal services.
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8. To coordinate with the
Ministry of Public Security in prescribing principles and conditions for the
termination or suspension of transmission and delivery of postal articles,
inspection and handling of postal articles and requests for information on the
use of postal services; and providing for postal networks used for security
purposes.
9. To coordinate with the
Ministry of National Defense in providing for postal networks used for national
defense purposes.
10. To coordinate with concerned
ministries and branches in guiding the handling of smuggled or banned
merchandise sent by post.
11. To coordinate with
provincial-level People's Committees in guiding the elaboration of master plans
on local public postal networks and order of and procedures for approving these
master plans.
Chapter X
IMPLEMENTATION
PROVISIONS
Article 45.
Effect
1. This Law takes effect on
January 1, 2011.
2. The provisions of Ordinance
No. 43/2002/ PL-UBTVQH10 on Post and Telecommunications regarding post will
cease to be effective on the effective date of this Law.
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Article 46.
Implementation detailing and guidance
The Government shall detail and
guide the implementation of this Law*s articles and clauses as assigned; and
guide other necessary contents of this Law to meet state management
requirements.
This Law was passed on June
17, 2010, by the XIIth National Assembly of the Socialist Republic
of Vietnam at its 7th session, -
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong