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THE
MINISTRY OF PUBLIC SECURITY-THE MINISTRY OF POST AND TELECOMMUNICATIONS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
01/2006/TTLT/BCA-BBCVT
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Hanoi,
May 05, 2006
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JOINT CIRCULAR
GUIDING THE OPENING AND
CHECKING OF MAILS AND GOODS PACKAGES SENT VIA PUBLIC POSTAL NETWORKS AND
DELIVERY NETWORKS FOR THE PURPOSE OF DETECTING DRUG-RELATED CRIMES
Pursuant to the December 9, 2000 Law on Drug Prevention and
Control-Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the Government's Decree No.
99/2002/ ND-CP of November 27, 2002,
providing for conditions, procedures, competence and responsibilities of
specialized drug-related crime prevention
and control agencies under the people's police force;
Pursuant to the Government's Decree No. 157/ 2004/ND-CP of August 18, 2004,
detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding
post;
Pursuant to the Prime Minister's Decision
No. 190/ 2004/QD-TTg of November 8, 2004, on management of delivery
services;
The Ministry of Public Security and the
Ministry of Post and Telematics hereby jointly guide the opening and
checking of mails and goods packages sent via public postal networks and
delivery networks for the purpose of detecting drug-related crimes as follows:
1.
Scope of regulation and objects of application
This Circular guides specifically the
opening and checking of mails and goods
packages which are sent domestically,
from Vietnam abroad or from abroad into Vietnam via public postal networks or
courier networks for the purpose of detecting drug-related crimes.
2.
Opening and checking principles
2.1.
The opening and checking of mails and goods packages shall strictly be
based on the grounds and follow the order,
procedures and competence guided in this Circular.
2.2. To strictly prohibit the taking
advantage or abuse of opening and checking of mails and goods packages to
infringe upon the legitimate rights and interests of individuals, agencies or
organizations.
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2.4. Those who commit acts of violating the
provisions of Points 2.1, 2.2 and 2.3 above or obstructing the opening or checking of mails and goods packages shall, depending on the nature and
severity of their violations, be disciplined, administratively
sanctioned or examined for penal liability; and if causing damage, they must
pay compensations therefor according to the provisions of law.
3.
Coordination responsibilities
3.1.
Specialized drug-related crime prevention and control agencies under the
people's police force (hereinafter referred
to as specialized police agencies) shall have to closely coordinate
with enterprises in opening and checking mails and goods packages to ensure that the quality of the enterprises'
services shall not be affected.
3.2. Enterprises shall have to closely
coordinate with specialized police agencies in opening and checking mails and
goods packages.
4.
In this Circular, the terms below shall be construed as follows:
4.1. Mails mean items and packages
which are sent via public postal networks.
4.2. Sent
goods mean letters and goods packages which are sent via courier
networks.
4.3. Post offices mean
establishments which operate, exploit and
provide Vietnam Post's services.
Post
offices include all major post centers, post agents and kiosks and
communal post-cultural points.
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4.5.
Delivery post offices mean post offices which deliver mails to
recipients.
4.6. Public postal networks include
major post centers, original post offices, delivery post offices, service
points, and public mailboxes, which are interconnected
by transportation and delivery routes.
4.7. Transaction establishments mean
establishments which operate, exploit and provide delivery enterprises'
services.
4.8. Original transaction establishments
mean transaction establishments which receive senders' goods for delivery
to recipients.
4.9. Delivery transaction
establishments mean transaction establishments which deliver goods to
recipients.
4.10. Delivery
networks mean networks set up and managed by enterprises of all
economic sectors for the provision of
services of delivering mails and goods packages according to the
provisions of law on post and telecommunications and other provisions of law on
transportation of goods.
4.11. Specialized police agencies
include:
a/ The
Police Department for Investigation of Drug-Related Crimes under the
Public Security Ministry.
b/
Police Sections for Investigation of Drug-Related Crimes or other
Investigation Police Sections functioning to investigate drug-related crimes (in
localities where Police Sections for Investigation of Drug-Related Crimes have not yet been set up) under provincial/municipal Police
Departments (hereinafter referred to as provincial-level police agencies).
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II. BASES FOR, AND COMPETENCE TO DECIDE
ON, THE OPENING AND CHECKING OF MAILS AND SENT GOODS
1.
Bases for issuing decisions on the opening
and checking of mails and sent goods
Decisions on the opening and checking of
mails and sent goods shall be issued only when there are the following pieces
of information or documents reporting that
mails and sent goods contain narcotics, pre-substances, habit-forming
substances or psychotropics:
1.1. Documents found through investigation
of drug-related cases or other cases.
1.2. Information or documents
obtained from activities of service-providing enterprises.
1.3. Information reporting drug-related
crimes.
2. Competence
to issue decisions on the opening and checking of mails and sent goods
2.1. The director or deputy directors of
the Police Department for Investigation of
Drug-Related Crimes under the Public Security Ministry.
Heads
or deputy heads of Police Sections for Investigation of Drug-Related
Crimes or other Investigation Police
Sections functioning to investigate drug-related
crimes (in localities where Police Sections for Investigation of Drug-Related Crimes have not
yet been set up) under provincial-level Police agencies).
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3.
Decisions on the opening and checking of
mails and sent goods
3.1. Mails or sent goods may be opened and
checked only upon written decisions of competent persons defined in Section 2,
Part II of this Circular.
3.2. Such decisions shall be made according
to a set form.
4.
Suspension of delivery of mails and sent
goods before issuance of opening and checking decisions
4.1. In
case of emergency, in order to discover and prevent in time possible
harmful consequences and effects of drug-related crimes, responsible officers
of specialized police agencies (hereinafter
referred to as officers of specialized police agencies) may
request enterprises to suspend the delivery of mails or sent goods. Such
request shall be made in two copies according to a set form, one of them to be
kept by specialized police agencies and the other by enterprises.
4.2.
When enterprises doubt or discover that mails or sent goods contain narcotics, pre-substances, habit-forming
substances or psychotropics, they must suspend
the delivery of such mails or sent goods and report thereon immediately
to specialized police agencies or nearest police offices.
4.3. Within 48 hours from the time of
suspension of the delivery of mails or sent goods, competent persons defined in
Section 2, Part II of this Circular shall issue decisions on the opening and
checking of mails or sent goods. Past the
above-said time limit, if specialized police agencies do not issue such decisions, enterprises may continue with the
delivery of such mails or sent goods.
III.
ORDER AND PROCEDURES FOR OPENING AND CHECKING MAILS OR SENT GOODS
1.
Opening mails or sent goods
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2.
Checking of mails or sent goods
Mails or sent goods shall be checked by at
least two officers of specialized police agencies to the witness of
enterprises' employees.
3.
Places for opening and checking mails or sent goods
3.1. Mails or sent goods may be opened and
checked only at original post offices, delivery post offices, original transaction establishments or delivery transaction
establishments.
3.2. In
case of emergency, in order to stop mails or sent goods containing
narcotics, pre-substances, habit-forming substances or pshycotropics in the course of delivery, mails or sent goods shall be
opened and checked at the nearest post office. Sent goods shall be
opened and checked at the nearest transaction
establishment or office of the police or the People's Committee of
commune, ward or township (hereinafter
referred to as commune-level).
4.
Witnessing the opening and checking of mails or sent goods
Apart from the persons defined in Sections
1 and 2, Part III of this Circular, the
opening and checking of mails or sent goods shall also be witnessed by one of the
persons defined at Point 4.1 or 4.2 below:
4.1.
In case of opening and checking at original post
offices, delivery post offices, nearest post offices, original
transaction establishments, delivery transaction establishments or nearest
transaction establishments:
a/
Heads of post offices or their authorized persons.
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c/ Heads
of enterprises or their authorized persons.
4.2.
In case of opening and checking at nearest offices
of police agencies or offices of commune-level People's Committees:
representatives of police agencies or representatives of commune-level People's Committees of places where sent goods are
opened and checked.
5. Records on the opening and checking of
mails or sent goods
5.1. The opening and checking of mails and
sent goods must be recorded in writing according to a set form.
5.2. Procedures for making and signing
records:
a/ Where opening, checking and witnessing persons agree with the content of the record, they
shall all sign at the bottom of the record and sign for certification on
each page thereof. In case of disagreeing with the content of the record, the
disagreeing persons shall write by themselves their opinions on the record, sign, and write their full names.
b/ An opening and checking record shall be
made in three copies, one of them to be kept
by specialized public security
agencies, one by enterprises, and the last to be sent as a notification
by enterprises to senders or recipients if such notification does not cause difficulties to the investigation and is
consented in writing by specialized police agencies. In case of
non-notification, enterprises shall keep such copy.
6. Post-opening and -checking disposal
6.1. Disposal of articles which are
suspected of being narcotics, pre-substances, habit-forming substances or
psychotropics
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b/ Enterprises' employees shall have to
pack up, seal and preserve substances suspected of being narcotics,
pre-substances, habit-forming substances or psychotropics. On the seals there
must be the signatures and full names of all persons who have conducted and witnessed the opening and
inspection of mails or sent goods.
c/ Pending assessment conclusions, articles
suspected of being narcotics, pre-substances, habit-forming substances or
psychotropics must be suspended from delivery. The assessment duration shall be no more than 7 working days from the time
of sampling. In special cases where the above-said duration needs to be
extended, the general director or a deputy
general director of the General Department of Police or directors or deputy directors of provincial-level
police agencies shall send documents thereon to directors of provincial-level
Post Departments, directors of regional Post
Centers or heads of delivery enterprises.
d/ If the assessment concludes that
articles are narcotics, pre-substances,
habit-forming substances or psychotropics, competent persons defined in Section 2, Part II of this Circular shall issue
decisions on confiscation or
temporary seizure of such articles.
e/ If the assessment concludes that
articles are not narcotics, pre-substances, habit-forming substances or
psychotropics, competent persons defined in Section 2, Part II of this Circular
shall immediately make written notices thereon so that enterprises can continue
delivering such articles.
6.2. Disposal of other objects in mails and
sent goods:
a/ For
other objects in mails and sent goods, which are not subject to
confiscation or temporary seizure, enterprises shall have to pack or wrap them
up, ensuring their original conditions and continue delivering them, except the case mentioned at Point c of this
Item.
b/ If
the continued delivery of such objects would cause difficulties to the
investigation of the cases, competent persons defined at Points 2.1 and 2.2, Section 2, Part II of this Circular may request in
writing enterprises to suspend the delivery. The duration of suspension of delivery of mails and sent goods
shall be no more than 7 working days after such written request is
signed.
In special cases where the above-said
duration needs to be extended for keeping confidential the cases, the general director of the General
Department of Police or directors of
provincial-level police agencies shall send documents thereon to directors
of provincial-level Post Departments,
directors of regional Post Centers or heads of delivery enterprises.
c/ If detecting that objects or documents
are material evidences of the cases or related to other crimes, or are subject
to storage or circulation ban, competent
persons defined in Section 2, Part II of this 
Circular shall issue decisions on
confiscation or temporary seizure thereof. Responsible officers of specialized
police agencies shall confiscate or temporarily seize the objects and transfer
them to competent agencies for disposal according to the provisions of law.
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a/ Officers of specialized police agencies
and enterprises' employees shall implement confiscation or temporary seizure
decisions. The confiscation or temporary seizure must be recorded in writing
according to a set form and to the witness of any of the persons defined in Section 4, Part III of this Circular.
b/ Where persons conducting and witnessing
the confiscation or temporary seizure agree with the content of the record, they shall all sign at the bottom of the
record and sign for certification on each page thereof. Those who disagree with
the content of the record shall write by
themselves their opinions on the record,
sign, and write their full names.
c/ A
confiscation or temporary seizure record shall be made in three copies,
one of them to be kept by specialized police agencies, one to be kept by enterprises, and the last one to be sent as a
notification by enterprises to senders or recipients if such
notification will not cause any difficulties to the investigation and is consented in writing by specialized police
agencies. In case of non-notification, enterprises shall keep such copy.
IV.
ORGANIZATION OF IMPLEMENTATION
1. Complaints and denunciations and the settlement of complaints and denunciations
related to the opening and checking of mails and sent goods for the
purpose of detecting drug-related crimes shall comply with the provisions of
law on settlement of complaints and denunciations.
2. The Public Security Ministry and the
Post and Telematics Ministry shall direct,
guide and inspect the implementation
of this Circular by their attached units and concerned enterprises.
3.
Agencies, units and enterprises should promptly report any problems arising in the course of implementation to the two ministries for
consideration, guidance, amendment or supplementation.
4.
This Circular takes effect 15 days after its publication in "CONG
BAO."
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FOR THE MINISTER
OF PUBLIC SECURITY
VICE MINISTER
SENIOR LIEUTENANT-GENERAL
Le The Tiem