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THE GENERAL DEPARTMENT
OF POST AND TELECOMMUNICATIONS
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 02/1998/TT-TCBD
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Hanoi, June 20, 1998
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CIRCULAR
GUIDING THE IMPLE-MENTATION OF THE GOVERN-MENT'S DECREE No.
109/1997/ND-CP OF NOVEMBER 12, 1997 ON THE POST AND TELECOMMUNICATIONS NETWORK
AND SERVICES
On November 12, 1997, the Government promulgated
Decree No 109/1997ND-CP on Post and Telecommunications. The General Department
of Post and Telecommunications hereby provides guidance for the implementation
of the stipulations on post and telecommunications network and services in the
said Decree as follows:
I. GENERAL PROVISIONS
1.1 This Circular guides the implementation of
provisions on supply, use and management of post and telecommunications network
and services vis-a-vis the providing enterprises and services users.
1.2 Rights and obligations of enterprises
providing post and telecommunications services.
1.2.1 Rights:
- To organize public post and telecommunications
network as prescribed in the licenses for provision of services;
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- To establish co-operation with foreign
countries according to contents and forms decided by the Prime Minister and the
guidance of the General Department of Post and Telecommunications in order to
expand the network and services.
1.2.2. Obligations:
- To organize the services of the post and
telecommunications network nationwide including deep-lying and remote areas, in
accordance with the State's planning and development plans and to ensure
uninterrupted operations of the post and telecom-munications network even on
holidays and Sundays;
- To organize the services, provision with
quality as stated and to develop services to satisfy users' demands;
- To ensure correspondence confidentiality and
safety for mails, parcels and money orders as prescribed by law. Staff members
of enterprises providing post and telecommunications services must not take
advantage of their occupation and positions to appropriate, cancel, open,
exchange or disclose contents of mails, parcels, money orders or to disclose
names and addresses of senders and receivers;
- To elaborate and register the quality norms of
each type of services as stipulated in the General Department of Post and
Telecommunications' Circular No 01/1998/TT-TCBD of May 15, 1998;
- To make compensation to those who are entitled
to for damage caused by the post and telecommuni-cations services providing
enterprises as prescribed in Item VI of this Circular;
- To co-ordinate with the competent State bodies
in dealing with law-breaking cases in the supply and use of post and
telecommunications services;
- To strictly abide by the stipulations on post
and telecommunications prices, charges and fees set by the General Department
of Post and Telecommuni-cations and the Government (according to the Prime
Minister's Decision No. 99/1998/QD-TTg of May 26, 1998 on management of post
and telecommunications prices, charges and fees); and
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1.3 Rights and obligations of users of post and
telecommunications services
1.3.1 Rights:
- To use the post and telecommunications
services provided by licensed enterprises;
- To be ensured of correspondence
confidentiality and safety for mails, parcels and money orders in accordance
with the provisions of law;
- To have freedom in choosing the providing
enterprises;
- To make complaints and to demand compen-sation
for damage as provided for in Part VI of this Circular;
- To change names or addresses of receivers or
to withdraw mails, parcels and money orders before they are delivered to
receivers.
1.3.2 Obligations:
- To observe the provisions of law in the use of
services and must not use post and telecommunications services to oppose the
State of the Socialist Republic of Vietnam; disturb social order and security;
break ethical values and fine traditions and customs and undertake smuggling
and other illegal activities;
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- To be answerable before law to the contents of
the information, objects and goods sent via the post and telecommunications
network; to declare objects and goods in conformity with the sending slips and
not to use names and addresses of other people to send mails, parcels and money
orders without their consent; and
- To make payment of charges and fees for the
services used.
1.4 Ownership to mails, parcels and money orders
Mails, parcels and money orders shall come under
the senders' right to disposal before delivery to the receiver or the
authorized receivers, except the following cases:
- Mails, parcels and money orders are proved to
be a breach of law for which a confiscation order is issued by competent State
authority(ies);
- The contents of mails and parcels cause
pollution or objects and goods are deteriorated due to their natural properties
which the enterprises are obliged to destroy.
In these circumstances, the services providing
establishments shall notify the senders and forward to them a handling report
for the latter's signature.
1.5 To ensure secrecy and safety for mails and
parcels in favor of the users, mails and parcels shall be opened only in the
following cases:
- They are determined as forsaken mails and
parcels by a Council set out in Joint Circular No. 227/LB GTVTBD-TC dated
August 31, 1992 of the Ministry of Finance and the General Department of Post
and Telecommunications;
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- They are subject to searching by the competent
State authority(ies) in accordance with the provisions of the Code on Penal
Procedures;
- The packings of mails and parcels are torn,
thus exposing the contents thereof, and the post office have to make the
packing and wrapping again; and
- Mails and parcels sent from Vietnam
to foreign countries or from foreign countries to Vietnam
contain objects or goods that must be subject to customs check to clear export
or import formalities.
The opening of mails and parcels in the
afore-said cases shall be done in strict accordance with the procedures
stipulated by law.
II. PUBLIC POST NETWORK
2.1 The public post network is composed of
technical centers and centers for post exploitation, transportation and management,
mailing routes, system of post offices, service places, agents and letter-boxes
installed in public places by post and telecommunications services providing
enterprises throughout the country.
2.2 Centers
Depending on scope of operations, post and
telecommunications services providing enterprises may set up technical centers
and centers for post transportation and management for exploitation of post and
telecommunications services to meet the requirements of services users.
2.2.1 A technical center is the one that
exploits and professionally handles post and telecommunications services.
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2.2.3 A management center is the one that
directs the exploitation or transportation in order to ensure regular and
uniform operations of the public post network.
2.3 Post offices
Post and telecommunications services providing
enterprises may organize separate transaction post offices, exploitation post
offices or delivery post offices or may organize one post office performing the
taking of delivery, exploitation and delivery of mails, parcels, journals, periodicals,
money orders and goods. Post offices shall be built in residential quarters,
public places, airports, sea ports and traffic centers convenient for services
users as well as for the delivery and receipt of mail consignments.
Post offices shall put up their name plates,
post office numbers and telephone numbers.
2.3.1 A transaction post office is the one
organized for taking delivery and delivering of mails, parcels, money orders,
journals, periodicals and goods to services users.
Transaction post offices shall post their
opening hours, list of post and telecommunications prices, charges and fees and
instruction for use of services.
2.3.2 An exploitation post office is the one
that specializes in sorting, classifying destination directions of mails, parcels,
money orders, journals, periodicals or goods for forwarding to centers or other
post offices.
2.3.3 A delivery post office is the one that
only handles the delivery of mails, parcels, money orders, journals,
periodicals or goods to receivers.
2.3.4 Apart from these, the enterprises may set
up other services places such as mobile post offices and kiosks to serve
services users.
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2.3.6 A foreign transaction post office is an
office that carries out exchange of mail consignments with foreign countries
and also the place where customs formalities are effected vis-a-vis export and
import objects and goods sent via public post network. Transaction post offices
shall be placed at sites convenient for forwarding and receiving of
international mail consignments.
2.3.7 A customs post office is an office that
only effects customs formalities for export and import objects and goods sent
via public post network; it also organizes the taking delivery and delivery of
international mails and parcels. Customs post offices shall be set up in
localities where exist Customs Departments and regular and great flow of
international mails and parcels.
2.3.8 A border gate post office is an office
that is set up at a border-gate to perform forwarding and receiving of
international road mail consignments between Vietnam
and a neighboring country(ies) that shares the border; it also carries out
procedures for taking delivery and delivery of international mails and parcels.
2.3.9 A customs inspection point is a place where
customs formalities shall be cleared for export and import objects and goods
sent via post and telecommunications services providing enterprises performing
international express forwarding and delivery services.
2.4 An agent is a Vietnamese organization or
individual that represents a post and telecommuni-cations services providing
enterprise to supply services to users at original prices and charges and
receive agency commission.
2.4.1 Post and telecommunications services
providing agents include the following types:
- Post agents;
- Press distribution agents; and
- Philatelic stamp agents.
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2.5 Mailing routes are those routes on which
mail consignments comprising bags, packages and containers containing mails,
parcels, journals and periodicals are transported by post and
telecommunications services providing enterprises from forwarding centers or
post offices to receiving centers or post offices on a frequent and regular
basis. Departure and arrival times of mail consignments must be set in advance.
2.6 A letter-box is a place where letters are
posted and is installed at public places convenient for users.
2.7 Opening hours for services
Opening hours for services at transaction post
offices shall be at least 8 hours a day including holidays and Sundays.
Depending on each locality's circumstances in each locality, post and
telecommunications services providing enterprises shall fix the specific
opening hours for each type of post offices. Service times shall be posted at
service points. Post and telecommunications services providing enterprises
shall ensure that a permanent section is on duty after opening hours of the
transaction post offices to deal with emergency cases (i.e. receiving telex or
telephone calls at night).
2.8 Organization of specialized post transport
force
2.8.1 Post and telecommunications services
providing enterprises are entitled to organize their own specialized post
transport forces. Specialized means of transport shall be painted in uniform
colors and shall bear the own logos of their enterprises. Paint colors and
logos must be registered with the Industrial Property Office of the Ministry of
Science, Technology and Environment and reported to the General Department of
Post and Telecommunications.
2.8.2 Post and telecommunications services
providing enterprises shall stipulate the itineraries for forwarding and
receiving of mails packets and parcels in order to assure the quality norms for
each type of services the enterprises have registered and shall make known
these itineraries to services users.
2.8.3 In case of emergency concerning national
security or in the event of natural calamities or war with the enemy, post and
telecommunications services providing enterprises shall use their means of
transport to transport urgent official letters or orders at the requisition of
presidents of the People's Committees of provinces and centrally-run cities.
2.8.4 Where a transport means carrying mails
packages and parcels is caught in an accident or breaks down en route, post and
telecommunications services providing enterprises shall seek every way to
overcome the consequences thereof by:
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- Co-ordinating with the local administration
where the incident takes place in case of necessary in order to protect mails
packages and parcels, journals and periodicals.
2.8.5 Where mails packages, parcels, journals,
periodicals and goods are damaged or lost as a force majeure, the enterprises
shall get certification by the local administration where the incident takes
place.
2.9 Checking and searching of mails packets and
parcels en route of transportation
2.9.1 Searching of mails packages and parcels en
route of transportation is prohibited. Where competent State bodies have the
ground to believe that the mails or parcels contain illegal goods they shall
make checking and searching only at the original or delivery post offices
except for emergency cases concerning national security, the mails or parcels
shall be brought to the nearest post offices for handling.
2.9.2 The competence and formalities for checking
and searching are stipulated in Joint Circular No. 05/TTLT of July 26, 1997 of
the General Department of Post and Telecommunications, the Ministry of the
Interior (now the Ministry of Public Security), the Ministry of Finance and the
Ministry of Trade, titled "Guidance to inspection and handling of
violations concerning commercial goods sent via domestic mailing routes".
2.9.3 With regard to mails and parcels
containing export and import goods sent from Vietnam to foreign countries and
from foreign countries to Vietnam, the checking shall be made according to
Joint Circular No. 06/TTHQ-BD dated June 20, 1995 of the General Department of
Customs and the General Department of Post and Telecommunications.
III. POST AND
TELECOMMUNICATIONS SERVICES
A. TYPES OF POST AND TELECOMMUNICATION SERVICES
3.1 Post and telecommunications services are
those services that take delivery, forwarding and delivery of letters, objects,
goods, journals, periodicals and money via public post network.
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3.2.1 Basic services are traditional post and
telecommunications services which the post and telecommunications services
providing enterprises have provided in a systematic way at home and abroad in
conformity with the stipulations of the Universal Postal Union (U.P.U.). Basic
services include:
- Mails services;
- Parcels weighing up to 31.5kg;
- Journals and periodicals distribution
services; and
- Money transfer services.
3.2.2 Other services are post and
telecommunications services developed additionally and provided on the basis of
the existing public post network of the post and telecommunications services
providing enterprises. Other services include (but not limited to) the following
types of services:
- Philatelic stamp business services;
- Express forwarding and delivery services;
- Mails services without addresses;
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- Heavy parcels services (with volume of more
than 31.5 kg);
- Types of combined services between post and
telecommunications that involve post network such as floral telex services,
electronic mail and datapost; and
- Other post financial service types which are
stipulated in section 3.8.2.
3.3 Stipulations on provision and use of post
and telecommunications services.
3.3.1 The provision and use of post and
telecommunication services shall be specified in the Services Rules.
3.3.2 Basing on the Services Rules, the post and
telecommunications services providing enterprises shall promulgate exploitation
process in respect of each type of service permitted for provision.
B. MAILS AND PARCELS SERVICES
3.4 Mails include letters, postcards,
publications, teaching materials for the blind and small packages
3.4.1. A letter is a written or printed
statement, containing private information between the sender and the receiver.
A letter shall be put in an envelope, sealed and kept confidential. The maximum
volume of a letter is 2 kg. A letter shall not contain object(s) or goods.
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3.4.3 Publications are handwritings, prints on
paper or on common materials used for printing and are printed or photocopied
into many similar duplicates. A mail of publication shall have the maximum
volume of 5 kg.
3.4.4 Teaching materials for the blind are
letters printed in Braille posted open or Braille text for the blind. Sound
recording tapes and disks reserved for the blind are also considered teaching
materials for the blind if these tapes and disks are sent by or to the blind's
schools. The maximum volume of a mail of teaching materials for the blind is 7
kg.
3.4.5 A small package is a mail containing
object(s) or goods. A small package shall have the maximum volume of 2 kg.
3.5 A parcel is a package of goods or objects
sent via public post network. Goods sent in parcels for business purpose must
have sufficient relevant documents in accordance with the stipulations of the
Ministry of Finance to the effect that they are of lawful origin.
3.6 Only post and telecommunications services
providing enterprises licensed by the General Director of Post and
Telecommunications shall be entitled to provide letter services. Other
organizations and individuals are strictly forbidden to provide letter
forwarding, transport and delivery services at home and abroad. At present, the
Post and Telecommunication Corporation is the only enterprise licensed to
provide letter services.
3.7 Diplomatic bags sent via the network of post
and telecommunications services providing enterprises shall comply with the
Vienna Conventions of 1961 on diplomatic immunity and of 1963 on consular
matters and the Ordinance on the priority and immunity granted to diplomatic
representations, consular offices and representations of international
organizations promulgated by the President of the State in his Order No.
25L/CTN of September 7, 1993.
C. POST FINANCIAL SERVICES
3.8 Post financial services are those financial
services provided via public post network.
Post financial services are divided into the two
following types:
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- Money transfer by mails;
- Money transfer by cable;
- Money transfer by lists; and
- Express money transfer.
3.8.2 Other services comprise (without
limitation to) the following services:
- Post bills;
- Post checks;
- Post traveller's checks;
- Delivery of goods and collection of money;
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- Payment via the post (payment via Giro
personal account)
- Money collection and payment: collection of
telecommunications service charges, water and power supply charges, house rents
and payment of pensions; and
- Post savings.
IV. POSTAGE STAMPS
4.1 A postage stamp is a special print used for
the payment of post charges and also for the purpose of philately.
Products of postage stamps comprise stamp bloc,
stamp-printed envelops and postcards, etc.
4.2 The General Department of Post and
Telecommunication is the sole agency entitled to issue postage stamps; to
prescribe the time limit for postage stamps valid for payment of post charges
and to suspend issue of, revoke and cancel postage stamps.
4.3 Vietnamese postage stamps are issued in
accordance with "Vietnamese criteria" coded TCVN 6055:1995
promulgated by the General Department of Post and Telecommunications together
with Decision No. 130/QD-KHCN of March 26, 1996.
4.4 Programs on topics of postage stamps.
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4.4.2 The General Department of Post and
Telecommunications of Vietnam shall elaborate annual and five-year programs on
topics of postage stamps. The issue of postage stamps to mark big anniversaries
must be approved by the competent State agency.
4.4.3 The General Director of Post and
Telecommunications shall approve programs on topics of postage stamps.
4.5 Approving stamp designs.
4.5.1 The General Department of Post and
Telecommunications shall approve stamp designs on the basis of the annual
programs on topics of postage stamps.
The General Department of Post and
Telecommunications shall decide on additional topics and postage stamp designs.
4.5.2 Stamp designs must be evaluated by a
consulting council set up by the General Department.
This consulting council is composed of
representatives of the following agencies: the Central Ideological and Cultural
Commission (for stamps marking big anniversaries), the General Department of
Post and Telecommunications, the Vietnam Fine Arts Association, the Vietnam
Philatelic Association, the Vietnam Post and Telecommunications Corporation,
and experts in stamp designs. The consulting council shall be responsible for
making reports on stamp design evaluation.
4.5.3 The time limit for submitting stamp
designs
Stamp designs presented to the General Director
of Post and Telecommunications for approval and signing must be submitted prior
to the first day of issue as follows:
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- 8 months in respect of stamp sets printed at
other domestic printeries; and
- 11 months in respect of stamp sets printed
abroad.
4.5.4 Dossiers for submission of stamp designs
for approval comprise:
- The stamp designs amended according to the
view of the consulting council;
- The stamp design evaluation report of the
consulting council;
- The official documents used for designing the
stamps;
- The dimensions and detailed color indications
of the designs;
- The views of the specialized agency related to
the stamp designs;
- The proposals of the Vietnam Post and
Telecommunications Corporation and the draft decision for printing and issuing
the stamps.
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4.6 Printing of stamps
4.6.1 The quantity of stamps printed must be in
strict conformity with the decision of the General Director of Post and
Telecommunications.
4.6.2 Where the quantity of stamps printed is
different from that specified in the decision, the agency that orders the
printing must make a report for the General Director of Post and
Telecommunications to form a council to deal therewith.
4.6.3 Stamps must be printed at the Post and
Telecommunications' Stamp Printing House. Where it is necessary to print stamps
in other places or in foreign countries, the permission of the General Director
of Post and Telecommunications is required.
4.7 Issuing postage stamps.
4.7.1 After stamps are printed, the General
Department of Post and Telecommunications shall announce the issuance of new
stamps. Postage stamps shall be of use value only from the date mentioned in
the announcement.
4.7.2 Each stamp set shall have a separate code.
The numeration of codes shall be done in accordance with the General Director
of Post and Telecom-munications' Decision No. 376/CSBD of June 30, 1997.
4.7.3 Postage stamps issued on special occasions
shall be marked with celebration seals and have an envelop marking the first
day of their issue.
4.7.4 The procedures for issuing postage stamps
shall be stipulated by the General Department of Post and Telecommunications in
a separate document.
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4.8.1 The selling price of a postage stamp for
the payment of the post charge is the price printed on the stamp, which is
called the face price of the stamp.
The selling price of philately stamps shall be
set by the post and telecommunications services providing enterprises.
4.8.2 Where it is necessary to collect
surcharges in support of social welfare funds for humanitarian reasons, the
permission of the Prime Minister is required before the issue of postage stamps
with surcharge(s) printed thereon. Postage stamps with surcharge(s) shall be
issued once in five years. The time limit valid for payment of the post charge
in respect of the stamps with surcharge(s) shall not be more than six months.
4.8.3 The General Department of Post and
Telecommunications shall promulgate the Rules for the philatelic stamp business.
Pending promulgation of such Rules, any organization or individual wishing to
deal in philatelic stamps in whatsoever form must register as an agent with the
Vietnam Philatelic Company.
4.9 Export and import of postage stamps
4.9.1 Those organizations and individuals that
wish to export or import postage stamps must be agreed upon by the General
Department of Post and Telecommunications.
4.9.2 Imported stamps must be those that do not
have poisonous contents, are not contrary to the fine traditions and customs
and conform to the law of Vietnam.
4.9.3 Export or import of stamps with the
quantity of more than 5 sets or more than 40 stamps must apply for agreement
from the General Department of Post and Telecommunications.
4.9.4 The General Department of Post and
Telecommunications shall grant agreements for export, import, temporary import
for re-export or temporary export for re-import of stamps for the following
organizations and individuals:
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- The Vietnam
Philatelic Association; and
- Those who have a quantity of stamp samples
bigger than 50.
4.9.5 The regional Post and Telegraph Managing
Departments shall grant agreements for export, import, temporary import for
re-export or temporary export for re-import of stamps to organizations and
individuals based in the regions under their respective management with the
quantity of not more than 50 stamp samples.
4.9.6 Addresses for receiving applications and
dealing with the granting of agreements:
- The General Department of Post and
Telecommunications, 18 Nguyen Du, Hanoi;
- Department of Post and Telecommunications of
Zone II, 27 Nguyen Binh Khiem, District 1, Ho Chi
Minh City;
- Department of Post and Telecommunications of Zone
III, 30 Tran Quoc Toan, Da Nang.
4.10 Protection and keeping postage stamps in
archives
4.10.1 The destruction of stamp design
stereotypes, conservation and keeping of stamp designs in archives shall be
carried out in conformity with the Regulations on "Printing and issuing of
postage stamps" issued by the General Department of Post and
Telecommuni-cations.
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The quantity kept in the archives are stipulated
as follows:
- 300 stamps for each stamp design;
- 30 blocs for each stamp bloc design;
- 10 for each stamp product such as stamp
postcards, stamp-printed envelops and postcards, maximum card, etc...
V. LICENSING POST AND
TELECOMMUNICATIONS SERVICES
5.1 The General Department of Post and
Telecommunications is the body that issues various types of licenses for
provision of post and telecommunication services:
- Establishment of network and provision of post
and telecommunication services;
- Acting as agents for foreign express
forwarding and delivery companies; and
- Business of printing of postage stamps.
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An enterprise that wishes to apply for licenses
for provision of post and telecommunication services must meet the following
conditions:
- To be a post and telecommunications services
providing enterprise established or permitted by the Prime Minister to be
established or other enterprise permitted by the Prime Minister to supplement
the post and telecommunications services provision as its new business line;
- To be issued an establishment decision by the
managing agency;
- To have business registration as provided for
by the Ministry of Planning and Investment;
- To have its own Statute of organization and
operations;
- To have adequate material basis for organizing
services providing network; and
- To have a staff of managerial cadres and
operating workers commensurate with its technological level and operating.
5.3 Procedures for applying for licenses
5.3.1 Dossiers of application for licenses shall
comprise:
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- The establishment decision or decision
permit-ting the establishment of enterprises by the Prime Minister and the
business registration;
- Plan for services provision;
- A copy of the contract signed with partner(s)
if applying for acting as agent for foreign express forwarding and delivery
companies; document evidencing foreign partner(s)' legal person status and a
document justifying the material basis for the performance of the contract and
the development plan of the post and telecommunications services providing
enterprise that wishes to act as agent.
5.3.2 Time limit for licensing
The General Department of Post and
Telecom-munications shall make evaluation and licensing within 45 days from the
date of receipt of the valid dossiers. Where new problems arise that need
re-examination, the foregoing time limit may be prolonged but must not exceed
60 days. In case a license is not granted, the General Department of Post and
Telecommunications shall give the reasons in writing within 30 days from the
date of receipt of the valid dossiers.
5.3.3 Address for receiving dossiers of
application for licenses
- The General Department of Post and
Telecommunications, 18 Nguyen Du, Hanoi
5.3.4 Time limits of licenses
Depending on the scale and scope of services
provision, the time limits of licenses shall be specified but shall not exceed:
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- 5 years in respect of international express
forwarding and delivery services agent; and
- 20 years for the business of printing postage
stamps.
Upon expiration of the afore-said time limits,
if enterprises wish to continue their operations, they shall apply for renewal.
The renewal formalities are the same as the first application for license.
5.4 The General Director of Post and
Telecommunications may suspend or withdraw licenses if enterprises, after one
year calculating from the date of licensing, have failed to proceed with
operations prescribed in the licenses without well-grounded reasons.
5.5 The General Department of Post and
Telecommunications shall grant licenses on the basis of the permission of the
Prime Minister and the consent of the branches concerned for a number of types
of services relating to State management by other ministries and branches.
5.6 Enterprises that apply for services
providing licenses shall pay fees in accordance with the stipulations of the
Ministry of Finance.
5.7 The General Director of Post and
Telecommunications shall issue decisions on:
- Closing and opening of international mailing
routes;
- Closing and opening of post and
telecommunications services; and
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Where an enterprise has a requirement to open
foreign transaction post offices, customs post offices, border -gate post
offices and customs inspection points in any localities, it shall attach with
its application a statistical list of the flow of exported and imported mails
and parcels over the two most recent years and the actual requirements of the
enterprise. The General Department of Post and Telecommunications, upon receipt
of dossiers, shall issue decisions to establish foreign transaction post
offices, customs post offices, customs inspection points or border-gate post
offices after reaching an agreement with the General Department of Customs.
5.8 Testing of networks and services
5.8.1 Where a post and telecommunications services
providing enterprise wishes to test its networks and services, it shall apply
for permission from the General Department of Post and Telecommunications.
Basing on the presented plan, the General Director of Post and
Telecommunications shall consider and decide to give permission to the
enterprise to carry out such testing of networks and services.
5.8.2 In the course of testing, the enterprise
shall specify in the contract signed with the users that the services are being
tested so that after termination of the testing period, if the testing project
is not put into official operation, the users' interest shall not be affected.
5.8.3 Upon expiration of the testing time, the
enterprise shall make a report on the results of testing. Where the services have
the potential for development, the General Department of Post and
Telecommunications shall issue a decision allowing the enterprise to officially
provide the services.
5.9 Opening of new services
5.9.1 Where a post and telecommunications
services providing enterprise wishes to open new services, it shall file
application dossiers with the General Department of Post and
Telecommunications. Basing on the enterprise's proposals and implementation
plan, the General Director of Post and Telecommunications shall decide to give
permission to the enterprise to provide such services
5.9.2 Dossiers of application for opening new
services shall include process for exploitation of services, proposals on
service charges and implementation plan.
5.10 Where an enterprise or organization other
than a post and telecommunications services providing enterprise wishes to
provide the services of express forwarding and delivery of documents,
materials, objects and goods having volume under 31.5 kg, it shall get the
agreement of the General Department of Post and Telecommunications before
asking for permission from the Prime Minister.
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6.1 Complaints about services quality
6.1.1 The time limits for lodging complaints are
stipulated as follows:
- 12 months from the date of registration for
forwarding with regard to mails, parcels, domestic and international money
transfer services;
- 4 months after the date of conclusion of the
announced time norm with regard to express forwarding and delivery services;
- Complaints shall not be settled after the time
limits for lodging complaints expire with the exception of members of the armed
forces on duty at border regions and islands, but the time limits shall be
extended only for 3 months more compared to those prescribed for domestic
services.
6.1.2 Settlement of complaints is stipulated as
follows:
- Post and telecommunications services providing
enterprises shall arrange receiving of services users' complaints at
transaction post offices;
- Where complaints are made in writing, the
receiving unit shall notify complainants in writing of its receipt within 48
hours from the moment it receives the same;
- The unit that receives complaints shall be
responsible for providing guidance on necessary procedures to complainants;
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- Complainants shall provide papers and
documents relating to their complaints and be responsible for the contents of
their complaints.
- The post and telecommunications services
providing enterprises shall notify complainants of the results of settling
their complaints.
6.1.3 The time limits for settlement from the
date of receipt of complaints are stipulated as follows:
- 2 months for domestic mails, parcels and
postal cheques; and
- 3 months for international mails, parcels and
postal cheques.
Where investigation has not yet completed upon
termination of the foregoing time limits, the enterprises shall make
compensation for those who are entitled to in accordance with the stipulations
in Point 6.3, Item VI hereof.
6.2 Types of services entitled to compensation
Post and telecommunications services providing
enterprises shall be responsible for compensating for damage caused by their
errors for the following types of services:
- Numerated mails;
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- Mails and parcels with price declarations;
- Parcels of various types;
- Express forwarding and delivery mails and
parcels of various types; and
- Money order of various types.
6.3 Principles for compensation
6.3.1 Compensation shall be made in Vietnamese
currency only.
6.3.2 Where an A mail (mails with certification
of sending) is lost, the collected charge shall be refunded.
6.3.3 With regard to numerated mails,
compensation shall be made according to types of mails. Where a domestic
numerated mail is lost or entirely damaged, the collected charge shall be
refunded.
6.3.4 With regard to parcels of 31.5 kg or less,
compensation shall be made according to the volume brackets and where parcel is
lost or entirely damaged, the collected charge shall be refunded.
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6.3.6 With regard to express mail service (EMS),
compensation shall be made as the case with mails and parcels of the same type,
the same volume bracket and the collected charge shall be refunded. If
forwarding is retarded compared with the announced time norm, the collected
charge shall be reimbursed.
6.3.7 With regard to services of parcels of more
than 31.5 kg and types of goods transport services such as authorized postal
services and forwarding and warehousing, compensation shall be made according
to agreements in the contracts signed between enterprises and clients or
according to the law provisions on goods transport.
6.3.8 With regard to financial post services,
enterprises shall reimburse the money remitted and charges and pay interest
according to the stipulations in Clause 2, Article 313 of the Civil Code.
6.3.9 Compensation money shall be paid to
senders or the authorized senders. Where receivers agree to receive numerated
mails, mails with price declarations or mails that are damaged, the receivers
shall be entitled to take compensation. After compensation, where post and
telecommunication services providing enterprises confirmed that these mails,
parcels or money orders had been delivered in due form or the damage, tardiness
and erroneous delivery were caused by senders' mistakes, the persons that had
received the compensation shall reimburse the compensated sum they had been
given.
6.3.10 With regard to the mails and parcels
services sent from Vietnam
to foreign countries and from foreign countries to Vietnam,
compensation shall be made according to International Treaties which Vietnam
has signed and acceded to. Depending on specific cases, enterprises shall
reimburse the collected charges and make compensation for the tax paid in Vietnam
(if any) to senders or the authorized senders. For numerated mails, the
collected charge shall not be reimbursed.
6.4 The General Department of Post and
Telecommunications shall stipulate the levels of compensation.
6.5 Services providing enterprises shall not
make compensation in the following cases:
- Normal mails;
- Force majeure: natural calamities, war with
the enemy or unexpected circumstances beyond services providing enterprises'
ability to overcome;
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- Objects or goods ruined due to their natural
properties;
- Mails or parcels containing objects or goods
confiscated or destroyed by the competent State bodies under the provisions of
law;
- Mails or parcels sent abroad are seized
according to the laws of the receivers' countries;
- Mails or parcels with price declarations whose
senders have overstated the real value of their contents;
- Mails, parcels or money orders duly delivered
or which receivers make no complaints upon receipt; and
- Indirect damage or interest unrealized due to
losses or damage of mails, parcels or money orders.
6.6 Post and telecommunications services
providing enterprises shall not be responsible for services users' customs
declarations in respect of mails or parcels sent to foreign countries or from
foreign countries to Vietnam
as well as handling decisions by customs authorities or other competent State
bodies when clearing export or import procedures.
VII. ORGANIZATION OF
IMPLEMENTATION
7.1 This Circular shall take effect 15 days
after its signing. All previous stipulations contrary to this Circular are now
revoked.
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THE GENERAL DEPARTMENT
OF POST AND TELECOMMUNICATIONS
Mai Liem Truc