ACT 1369 2009
Official Gazette No. 47,578 of December 30, 2009 CONGRESS OF THE REPUBLIC
Through which the regime of postal services is established and dictate other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES: TITLE I.
ARTICLE 1o. SCOPE, PURPOSE AND SCOPE. This law states the general scheme for provision of postal services and as appropriate, to the entities responsible for the regulation of these services, which are a public service under the terms of Article 365 of the Constitution. Its provision shall be subject to regulation, supervision and control of the State, subject to the principles of quality, efficiency and universality, the latter understood as the progressive access to the population throughout the country.
The Postal Services are under the ownership of the state, which for provision may enable public and private companies in terms of this law.
. OBJECTIVES OF STATE INTERVENTION. State intervention in postal services will have the following objectives:
1. Ensure efficient, optimal and timely provision of postal services.
2. To ensure the provision of the Universal Postal Service.
3. Guarantee the right to information and the confidentiality of correspondence.
4. Ensure that tariffs allow efficient recover costs of providing the service and that reflect the different levels of quality offered by the Postal Operators.
5. Promote free competition and avoid abuses of dominant position and restrictive practices of competition.
6. Encourage operators to incorporate technological advances in the provision of postal services.
7. Sanctioning failures in the provision of services and the failure of current regulations.
8. Facilitating economic development. Effective Jurisprudence
ARTICLE 3. DEFINITIONS. For all purposes, the following definitions are adopted:
1. Universal Postal Service. It is the set of postal services quality, rendered permanently and affordable, the State guarantees all citizens of the country regardless of their geographical location through the Postal Operator or Dealer Official Mail.
2. Postal Services. Postal Services are the development of the activities of receiving, sorting, transport and delivery of postal items through postal networks within the country or to other countries sending or receiving from outside. Postal services are, among others, mail services, postal payment services and express courier services Courier Service
2.1. Postal Services provided by the Operator or Dealer Official Postal Mail:
2.1.1 Letter Post. It is the service for which the Postal Operator or Dealer Official Mail receives, sorts, transports and delivers mailpieces.
220.127.116.11 priority items and non-priority mail up to two (2) kilograms. 18.104.22.168.1
priority mail shipments. Shipments up to 2 kg of weight carried by the quickest route, unguided and untracked. 22.214.171.124.2
non-priority mail shipments. Shipments in which the sender has chosen a lower rate, implying a longer period of distribution, unguided and untracked. 2.1.2
Encomienda. mandatory for the operator Postal Official or Dealer mail, which consists of receiving, sorting, transport and delivery not urgent, of items, goods, packages or any article permitted circulation in the national or international territory, with or without value service declared, to a weight of 30 kg, as established by the Universal Postal Union.
2.1.3 Mail Service Telegraph: Admission of telegrams and transmitted by the authorized operator to provide the service of telegraphy, and subsequent delivery to a recipient physically.
2.1.4 Other Services Post. All those services that are classified as such by the Universal Postal Union.
2.2 Postal Payment Services. Set of payment services provided by leveraging the postal infrastructure exclusively.
Are considered postal payment services include:
2.2.1 National Money. Service by which payments to natural or legal persons on behalf of others in the country, through a postal network. The method of delivery may be among others, physical or electronic.
2.2.2 International Drafts. Service provided exclusively by the official postal operator or concessionary Mail, through which money is sent to natural or legal persons on behalf of others abroad. The method of delivery may be, among others, physical or electronic.
International wire transfers are subject to the provisions of Law 9 of 1991, as amended, additions and regulations.
2.2.3 Other. Services Universal Postal Union classified as such. Effective Jurisprudence
Express 2.3 Messaging Service. urgent postal service required by the application and adoption of special features for reception, collection, sorting, transport and delivery of postal items up to 5 kg. This weight shall be regulated by the Commission for Communications Regulation.
Express courier service must have at least the following features:
a) Individual record. All express courier service must have an individual identification number that meets the time of admission or guide.
B) Collection home. At the request of the customer.
C) Course shipping: All shipments must take express courier with a copy of the receipt of admission attached to the shipment.
D) Delivery time. Express mail service is characterized by the speed of delivery.
E) Proof of Delivery: The record of the date, time of delivery and identification of the recipient.
F) Tracking. It is the ability to track the course of shipment from receipt to delivery.
2.4 Other Postal Services. Services Universal Postal Union classified as such.
3. Postcards objects. Recipient objects presented in the final form in which they must be transported by the Postal Service Operator. Mailpieces are considered including letters, postcards, telegrams, account statements, receipts of all kinds, printed matter, newspapers, braille letters, mailings, samples of merchandise and small packets. Then the following mailpieces are defined: 3.1
Charter. It's all personal written communication indicating sender and recipient, mobilized by postal networks.
Its weight may be up to two (2) kilograms.
3.2 Print. It's all kinds of printing paper or other material.
The forms include, brochures, catalogs, periodicals and magazines up to two (2) kg.
3.3 Telegram. It is a written brief to be delivered by mail service telegraphic communication.
3.4 Cecograma. Printing using cecografía signs in Braille, Braille ink or high relief intended solely for the use of people who are blind or visually impaired. They included within literature for the blind books, magazines, digital talking books and paper intended for the use of the blind. Literature for the blind have a weight of up to seven (7) kg.
3.5 M. Saca Saca containing newspapers, journals and similar printed documentation for the address of the recipient and to the same destination, up to thirty (30) kg.
Massive 3.6 mailpieces. plural number of postal items are delivered to a postal operator to be shared between a plural of recipients.
Small Package 3.7. It is an object of two (2) kg.
Literature for the blind, M bags and telegrams can only be transported by the Postal Operator or Dealer Official Mail. 4
Postal Service Operator. It is the legal entity authorized by the Ministry of Information Technologies and Communications Information Technologies and Communications offered to the general public postal services, through a postal network. Postal operators may have three categories:
4.1 Operator or Dealer Official Postal Mail. legal person, authorized by the Ministry of Information Technology and Communications, which by the concession contract, provide the postal service mail and by enabling, express delivery services and postal payment services, nationally and internationally.
The Universal Postal Service Article 13 of this law refers to, franchising, international wire service and the reserve area specified in Article 15 of this Law shall be provided by the Official Postal Operator exclusively in accordance with the provisions of this law.
Operator 4.2 Postal Payment Services. legal person, authorized by the Ministry of Information Technologies and Communications to provide postal payment services, and is subject to the regulations on money laundering by law and its implementing regulations. Effective Jurisprudence
4.3 Operator Messaging Express. It is the legal entity authorized by the Ministry of Communications to offer the public an urgent postal service regardless of the official postal networks for national and international mail, which requires the implementation and adoption of special features for reception, collection, sorting, transport and delivery.
5 Franchises. Right to acquire some legal, public or private, to exempt from paying the fee for sending postal and telegraph correspondence mail provided by the Postal Operator Officer or email Dealer at the time of its imposition. The financing scheme franchises shall be governed by the provisions of Article 47 of this law.
6 Consolidation. Act by which an operator integrates several postal objects in a single parcel.
Network 7 Post. Are the set of facilities, equipment and other devices for the provision of postal services offered to the general public directly or indirectly by the Postal Services Operators. They are part of the postal network points of care to users of postal services.
8 Sender. natural or juridical person using postal services in order to send postal items at a local, national or international recipient.
9 Addressee. natural or juridical person who goes by the sender a mailpiece.
10 Recording Postal Operators. It is an open list by the Ministry of Information Technology and Communications for the Postal Operators register as such, including and updating information requested under this Act.
The request for authorization must be resolved by the Ministry of Information Technologies and Communications within the term established by the respective regulations.
11 autoprestación. Shipping services on mailpieces involving the same natural or legal person, without use of postal networks to handle their own postal items. This law does not apply to self-provision of postal services.
CONDITIONS AND REQUIREMENTS FOR POSTAL OPERATORS.
ARTICLE 4. REQUIREMENTS FOR POSTAL OPERATOR. To be postal operator is required to be authorized by the Ministry of Information Technologies and Communications and enrolled in the register of postal operators. The vetting by the Ministry of Information Technology and Communications, will cause periodic consideration for the Fund of Information Technology and Communications, and previously granted to compliance with the following requirements:
a) Accredit be a domestic or foreign legal person legally constituted in Colombia and its main corporate purpose is the provision of postal services.
B) Demonstrate a minimum share capital of one thousand (1,000) minimum legal monthly wages. Effective Jurisprudence
C) Define the characteristics of the service to be provided as to the geographical area in which it will develop its activity; type of service to be provided; and operational structure, thus ensuring the suitability and capacity to provide the service. The operating conditions must be verified by the Ministry of Information Technologies and Communications.
D) Pay the amount derived from its authorization prior to subscription or issue of the appropriate administrative act of empowerment.
The term of the authorization certificate for the provision of postal services may not exceed ten years. The extensions will not be free or automatic. The applicant must expressly manifest their intention to renew three months before maturity.
The Ministry of Information Technology and Communications may establish additional requirements to postal operators in terms of assets and the characteristics of the network. Obligation operator will update the data changes contained in the register of postal operators, within that these take place three months. Effective Jurisprudence
. For operators who apply for the first time its qualification as postal operators, the requirement arranged on operational structure in the literal c) of this Article shall be complied with the presentation of a detailed plan on the technical specifications of the postal network that will implement to deliver services, which must national coverage in which to develop its activity within three (3) months after receiving the respective authorization. This requirement will be verified by the Ministry of Information Technology and Communications after that period compliment. PARAGRAPH 2.
. For the particular case of operators Postal Payment Services, the Ministry of Information Technologies and Communications shall regulate within twelve (12) months following the issuance of this law, the requirements patrimonial and mitigation risks, which must certify to obtain the respective authorization certificate, in addition to those referred to in paragraphs a, c and d of this article. Companies that currently provide service money orders through National Postal Services will be guaranteed their operational compliance with the requirements. Effective Jurisprudence
The 5th ITEM. OPERATOR REQUIREMENTS FOR OFFICIAL POSTAL MAIL OR DEALER. To be Operator or Dealer Official Postal Mail will need to have the character of Postal Operator and additionally a concession granted by the Ministry of Information Technologies and Communications to provide postal mail service exclusively.
For the provision of other postal services, the Official Postal Operator must meet the requirements set forth in this law for granting the respective licenses.
ARTICLE 6o. CONCESSION CONTRACT. The concession contract for Postal Official or Dealer Operator Mail shall be governed by the General Contracting Code of the Public Administration.
The term of the concession for the provision of Mail Services may not exceed ten (10) years but may be extended before maturity equal to originally agreed terms, without implying that renewal is automatic or free. However, the concession contract in effect on the date of enactment of this Act, continue to maturity and may be extended under the terms set forth herein.
ARTICLE 7. Free access to postal networks. All Postal Operator may use all or part of the Networks Postcards from any other operator, provided he pays the applicable fees, unless the network operator intended to be used, show that technically can not provide such access. The consideration Fund Information Technology and Communications shall be payable only to the first operator.
PARÁGRAFO. They are not considered postal networks, those of legal persons without the respective authorization provide services to the general public. Therefore, any shipment making use of the same will be considered illegal and subject to penalties.
Article 8. CONTRACTUAL REGIME OF POSTAL OPERATORS. All Postal Operators have the contractual regime of Private Law.
Article 9. USING THE "POSTAL CODE OF THE REPUBLIC OF COLOMBIA".
The Ministry of Information Technology and Communications structured, manage and disseminate the postal coding system named "Postal Code of the Republic of Colombia" and define the mechanisms for disseminating the Code.
Entities of national and territorial adopt the Postal Code, within the terms and conditions set by the national government.
ARTICLE 10 OF Philatelic Service. The Ministry of Information Technology and Communications is the only authorized to issue stamps in their official capacity, and can perform the custody of new issues, promotion, sale and commercial development of philately through the Operator Postal Official or Dealership mail, having left the Ministry reserved for this purpose the use of the terms "Colombia" and "Republic of Colombia" and anyone who identifies the state or the national territory. The stamp will be integrated into the national and international collections.
The Ministry of Information Technology and Communications shall be governed by the international rules of the Universal Postal Union (UPU), which establishes the conditions for the issuance of stamps by each of the official postal operators member countries.
The Ministry of Information Technology and Communications will be responsible for setting policies, directives and guidelines that govern the provision of philatelic service as well as the promotion of philatelic culture through stamps and postal philatelic products . PARAGRAPH 1.
. The Ministry of Information Technologies and Communications shall refrain from issuing stamps when the norm that orders are not clearly express the mechanism and source of funding. PARAGRAPH 2.
. The Ministry of Information Technology and Communications will only be issued by the Fund for Information Technology and Communications, postage stamps -UPU- the Universal Postal Union and the Postal Union of the Americas, Spain and Portugal - UPAEP.
competent body. The Commission for Communications Regulation -CRc is the competent authority to regulate the tariff regime and quality levels of the various postal services to those belonging to the Universal Postal Service. PARAGRAPH 1.
. Contribution to the CRC. In order to recover the costs of regulation service to provide the CRC, persons and entities subject to regulation must pay an annual contribution to be settled on gross income obtained in the year preceding that in which the due contribution for the provision of networks and telecommunications services (excluding terminals) or the provision of postal services, whose rate, to be fixed for each year by the Commission itself, may not exceed one per thousand (0.1%).
For the determination of the tariff, the Commission shall take into account the budgeted cost of service regulation for the respective year, and attend to the following rules:
a) service cost all operating expenses be understood and investment of the Commission, including depreciation, amortization or obsolescence of its assets, in the period to which they relate annual contribution.
B) The cost to fix the reference rate should be determined taking into account the draft budget submitted to Congress for the year in which the contribution is due. In the event that, when fixed rate, already issued the pertinent budget law, the reference cost is set out in the law.
C) The Commission shall produce an estimate of the gross income of the taxpayer based on the information in its possession at the time of issuing the resolution which set the rate. This information may come from, among other sources, of the information provided by taxpayers or cross information with other entities.
D) The fixed rate shall be that applied to the tax base referred to paragraph c) of this article, shed only necessary to cover the cost of the service.
E) The sum by each taxpayer equivalent to apply the tariff set by the CRC to the tax base under the first paragraph of this article.
F) shall be for the CRC establish procedures for the liquidation and payment of the contribution, as well as performing the duties corresponding control, sanctions and coercive collection.
Without prejudice to special rules, sanctions for breach of the obligations related to the same contribution will be established in the Tax Code for income tax and complementary. Effective Notes
Matches PARAGRAPH 2.
. The gross income earned during 2010 for the provision of telecommunications networks and services (excluding terminals) or the provision of postal services, will serve as a taxable base of the contribution for 2010 and 2011. The Commission
Communications regulation shall fix the fee for 2010 taking as a reference point gross revenues for the year 2009, and order the taxpayers pay an advance equal to the amount resulting from applying the rate set for the year 2010 gross income earned in 2009. This advance will be charged the amount payable resulting from the final settlement of the contribution for 2010 to be implemented not later than 30 April 2011. Effective Jurisprudence
ARTICLE 12. RATE SYSTEM OF POSTAL SERVICES. Postal services operators providing different services to those belonging to the Universal Postal Service may freely set rates they charge their users for the delivery of their services. The Communications Regulation Commission can only regulate these fees when there is not enough competition, present a market failure or when the quality of services offered does not meet the required standards. Effective Jurisprudence
In the exercise of its regulatory functions, the Regulatory Commission may require the information it deems appropriate to ensure that operators do not engage in unfair or restrictive practices competition or constitute an abuse of dominant position and affecting rights users of postal services.
PARÁGRAFO. Exempted from the regime of freedom of tariffs services express courier whose aim is the distribution of mailpieces massive and interconnection between operators, for which the Commission for Communications Regulation should set a minimum rate within six (6) months after the entry into force of this law.
Activities engaged courier operators expressed different receiving, sorting, transport and delivery of postal items, be counted as additional services, which may not be included in calculating the minimum rate.
UNIVERSAL POSTAL SERVICE.
FEATURES UNIVERSAL POSTAL SERVICE. The Ministry of Information Technology and Communications determined annually taking into account the resources available for funding, criteria and quality standards in terms of: frequency, time of delivery, complaints system, as well as fees for services belonging the Universal Postal Service.
The Universal Postal Service provided by the Official Mail Operator or Dealer will be financed with the resources to transfer the Fund Information Technology and Communications from the considerations set forth in Article 14 of this law, and appropriations included in the General Budget of the Nation of each effect.
The Operator or Dealer Official Postal Mail can not allocate financial resources other than those listed in this article to finance the Universal Postal Service.
Nor may finance these resources, the provision of postal services that do not have the characteristics of Universal Postal Service.
The official Postal Mail Operator or Dealer, responsible for providing the Universal Postal Service shall keep separate for each of the services it provides accounting. The cost and mode of operations between each service must be recorded explicitly.
PARÁGRAFO. budgetary resources to implement separate accounting system. In order that the operator Postal Official or Dealership Mail, as responsible for providing the Universal Postal Service adopt a separate set of accounting records under the terms of this article may one-time finance the preparation and implementation of such a program from Fund Information Technology and Communications Ministry of Information Technologies and Communications.
The Postal Operator Officer or dealer shall have eighteen (18) months from the promulgation of this law to comply with what is stated in the preceding paragraph.
consideration CHARGED OF POSTAL OPERATORS.
All operators pay the periodic consideration stipulated in article 4 of this law to the Fund of Information Technologies and Communications.
The value of the periodic consideration by all postal operators will be set as the same percentage of their gross income from the provision of postal services, regardless of income from public funds to finance the Postal Service universal and franchising. The consideration will be fixed for periods of two (2) years and may not exceed 3.0% of gross income.
Following the granting of the authorization, operators must pay a sum equivalent to one hundred (100) monthly statutory minimum wages to be registered in the Register of Postal Operators. Each time you met ten (10) years of registration, the operator will pay the amount determined in this literal. If a postal operator to also register as operator Postal Payment Services, you must pay the amount previously stipulated by the additional registration. The Registry shall take effect from the regulations issued by the Government on the conditions of approval and registration within three months following the enactment of this law.
Operators the entry into force of this law, are provided with authorization to provide postal services must register in the register within three months of the regulations issued. PARAGRAPH 1.
. Use of the money received as consideration for the concept of the provision of postal services. Consideration received by the Ministry of Information Technology and Communications ordered in this article into the Fund of Information Technologies and Communications and will fund the Universal Postal Service and to cover the costs of monitoring and control of Postal Operators.
Matches PARAGRAPH 2.
. Powers of the Ministry of Information Technology and Communications in connection with the consideration.
The Ministry of Information Technology and Communications will have everything you need for operators to promptly settle the compensations ordered in this article, for which it may contract with public or private audit firms the respective control require timely payment of such charges or otherwise you must run the charge for compulsory jurisdiction of the corresponding values.
ARTICLE 15. RESERVE AREA. Official Postal Operator or Dealer Mail will be authorized to provide mail services to entities defined as members of the Executive Branch, Legislative and Judicial Public Power.
Public agencies in accordance with the needs of its management may hire express courier services in accordance with the Employment Contracts Act governing them.
PARÁGRAFO. Special duties of users of the official sector. Failure to comply with official bodies of their duties as users of postal services, particularly with regard to the incorporation in the respective budgets of sufficient appropriations and the actual payment of the services used, be grounds for misconduct.
ARTICLE 16. SPECIAL CONDITIONS TO BE FULFILLED THE OFFICIAL POSTAL OPERATOR SERVICE OR MAIL DEALER. Official Postal Operator or Dealer must have a postal network with national and international coverage under the conditions and deadlines set for that purpose the Ministry of Information Technologies and Communications.
SPECIAL ARTICLE 17. OFFICIAL POSTAL OPERATOR'S OBLIGATIONS OR MAIL DEALER. Official Postal Operator or Dealer Mail has the following special obligations in providing the Universal Postal Service:
1. You can not refuse to receive the sending user an item of correspondence or mailpiece that is delivered, fulfilling the conditions laid down in the regulations applicable to the Universal Postal Service, provided the user paid the appropriate fee.
2. You must provide the Universal Postal Service, without discrimination between users who are in similar situations.
3. You can not interrupt or suspend the universal postal service except for the occurrence of events of force majeure, act of God, or when reasons of public order, prevent it. The occurrence of these events must be demonstrated to the Ministry of Information Technologies and Communications.
4. You must inform users about how they can access the Universal Postal Service, in terms of geographical coverage, type of services, delivery times and rates applicable to each. TITLE V.
regulatory authorities, CONTROL AND SURVEILLANCE OF POSTAL SERVICES.
ARTICLE 18. MINISTRY OF INFORMATION TECHNOLOGY AND COMMUNICATIONS.
The National Government through the Ministry of Information Technologies and Communications shall determine the general policy of postal services, within the general framework of the Communications Policy. Effective Jurisprudence
To this end, it will be guided by international treaties ratified by Colombia postal matters.
The Ministry of Information Technology and Communications will establish special political and coverage of the Universal Postal Service provided by the Postal Operator or Dealer Official Mail. Effective Jurisprudence
At the same time, the Ministry of Information Technologies and Communications shall have the following specific functions relating to Postal Services:
1. Act as Inspection Authority, Control and Surveillance against all Postal Operators, except surveillance on compliance related to protection of competition, consumer protection and money laundering.
2. Further investigations to establish possible infringements of the postal services and impose the sanctions provided for in this law.
3. Regulate concerning philately.
4. Organize, update and regulate the Register of Postal Operators.
5. Act as the contracting entity Official Postal Operator or Dealer Mail.
6. Technical Regulations issued to there place considering the rules on prior disclosure of any project.
7. Manage the allocation of budgetary resources with the Ministry of Finance and Public Credit and the National Planning Department, as necessary to finance the Universal Postal Service.
8. Drive under the leadership of President of the Republic and in coordination with the Ministry of Foreign Affairs, international negotiations related to postal services and participate in international conferences on the same sector are made. Among other powers in this area, propose, together with the Ministry of Foreign Affairs, submitting draft legislation to Congress to ratify international treaties signed by Colombia.
PARÁGRAFO. The National Government shall adapt the structure of the Ministry of Information Technologies and Communications to meet its obligations in this law, creating a following unit responsible for postal affairs, within six (6) months after its entry into force .
Article 19. The Commission for Communications Regulation - CRC.
Will have the function of regulating the postal market, in order to promote free competition, so that users benefit from efficient services.
ARTICLE 20. REGULATORY FUNCTIONS OF THE CRC. The CRC shall have the following regulatory functions in postal matters:
1. Promote and regulate the free and fair competition for the provision of postal services, regulate monopolies when competition does not make possible, and prevent unfair behavior and restrictive trade practices competition or constitute abuse of a dominant position by regulations of character general or specific measures, may propose rules of differential behavior, according to the position of companies in the market, as has been previously determined the existence of a market failure, in accordance with the law.
2. Regular technical and economic aspects of the different kinds of postal services, other than those included in the Universal Postal Service. Effective Jurisprudence
3. Issue all regulations of general and particular character on matters relating to the tariff regime, the regime of protection to the user, the parameters of quality of services, efficiency criteria and the settlement of disputes between postal operators . Effective Jurisprudence
4. Set indicators and targets quality and efficiency of postal services other than those within the Universal Postal Service and impose rates of quality, coverage and efficiency to one or more operators for certain services.
5. Propose to the National Government approval of the postal sector applicable technical standards, as recommended by expert international bodies in the field.
6. To inform the Superintendency of Industry and Commerce, conduct constituting any infringement against the regime of competition or protection to users.
7. Require to carry out their functions, comprehensive, accurate, reliable and timely operators of postal services information.
Those who do not provide the above information to the CRC may be subject to daily fines imposed by the CRC for up to 100 minimum monthly wages for each day that engage in this behavior, depending on the severity of the failure and recidivism in the commission.
8. Establish the only model for testing delivery, with the reasons for return in accordance with international standards.
9. Resolve disputes arising between Postal Services Operators. Effective Jurisprudence
ARTICLE 21. SUPERVISION OF INDUSTRY AND TRADE. The Superintendency of Industry and Commerce is the competent authority to enforce the rules on Antitrust, Unfair Competition, and Consumer Protection on the market for postal services, under the terms of Law 155 of 1959, Decree 2153 of 1992, Law 1340 of 2009, Laws 256 of 1996 and 510 of 1999 and Decree 3666 of 2002.
PARÁGRAFO. Fund Information Technology and Communications will provide the financial resources required by the Superintendency of Industry and Trade to exercise the functions of protection of users of communications services.
ARTICLE 22 SURVEILLANCE OPERATORS Postal Payment Services. It is up to the Ministry of Information Technology and Communications practice inspection, supervision and control over Operators Postal Payment Services, without prejudice to the powers with which the Bank of the Republic to request information concerning exchange operations and which they have DIAN in research for violations of the exchange rate regime and Unit Financial Information and Analysis on the control of money laundering and terrorist financing. Effective Jurisprudence
ARTICLE 23. CUSTOMS COMMITTEE CONTACT POSTAL. The National Tax Administration and Customs, DIAN, and the Ministry of Information Technology and Communications will establish a Postal Committee Customs in order to update and develop standards necessary for the efficient intervention of the customs authority on correspondence and domestic shipments and international, for the benefit of the best quality of postal services.
THE RIGHTS AND DUTIES OF USERS.
ARTICLE 24. RIGHTS OF USERS. Users of Postal Services are entitled to the Postal Operators ensure compliance with the following principles:
1. The secrecy and inviolability of postal communications.
2. Respect for the privacy of users.
3. Neutrality and confidentiality of postal services.
4. Equal treatment to users of postal services that are in similar conditions.
5. A who render free service of any kind of discrimination, especially arising from political, religious, ideological, ethnic considerations, etc.
6. The Postal Operators ensure that users in the provision of postal services, the following rights:
a) A widely publicized conditions for providing each of postal services, namely coverage, frequency, time delivery rates and processing of petitions and complaints.
B) that is recognized and pay compensation for the loss, theft or damage of postal items.
C) A return of postal items that have not been delivered to the recipient and the change of the address for a new referral, by paying the appropriate fees, provided that the conditions set by the Postal Operator for the provision service permit. In the case of international shipments must take into account the customs regulations.
ARTICLE 25. RIGHTS OF USERS SENDERS. Senders shipments have the following rights, subject to appropriate legal proceedings and actions that confers the exercise of their fundamental rights:
1. Get the return of shipments that were not delivered to recipients.
2. Request forwarding shipments to different place than initially indicated, upon payment of the fee generated transhipment.
In the case of international reexpediciones should take into account the customs regulations.
3. Perceiving the following compensation:
a) For basic delivery services national and international non-priority mail, no place to compensation.
B) postal payment services, to the loss or lack of delivery to the addressee of the rotation, will double the rate paid by the user plus the value of the turn.
C) Compensation for loss, theft or damage of shipments of international mail, will be the value may be specified in the Conventions or agreements, signed at the Universal Postal Union.
D) In the priority mail service, compensation for loss, theft or damage will be five (5) times the value of the user fee has been paid.
E) In case of a shipment with declared value compensation will be five (5) times the value of the user fee has been paid.
F) express courier operators liable for the loss, damage or spoliation of shipments and other postal objects entrusted to their care and handling as well:
i) express courier service, compensation for loss, theft or damage, shall be five (5) times the value of the fare paid by the user, up to a maximum of one (1) current legal monthly minimum wage, plus shipping insured value.
Ii) express courier service in connection with the outside, compensation for loss, theft or damage shall be five (5) times the value of the fare paid by the user, up to two (2) monthly legal minimum wages, plus shipping insured value.
ARTICLE 26. RIGHTS OF RECIPIENTS USERS. Recipients users will have rights as consumers have established the laws and in particular the following:
1. To receive postal items sent by the sender, in compliance with all conditions reported by the Postal Service Operator.
2. To request and obtain information on mailings and postal items that have been registered in their name, when they try
services offered and paid by the user with registered mail feature.
3. Those covered by existing agreements and international conventions ratified by Colombia.
ARTICLE 27. Ownership of postal objects. Postal objects belong to the sender until the time they are delivered to the recipient.
ARTICLE 28. OBLIGATIONS OF USERS. Users have the following obligations with Postal Operators:
1. Pay the fee of the contracted postal service.
2. Subject to the conditions for provision of postal service contract, provided that they have been expressed and widely reported by the operator of postal services.
3. Not send prohibited or dangerous objects, according to current standards.
ARTICLE 29. RESPONSIBILITY OF THE USER. The sender of a mailpiece user is responsible for damage caused to other postal items in the case of items whose transport is prohibited by law, by the rules of the Universal Postal Union, or for failing to comply with the terms of office hazardous substances except that proves the exclusive fault of the Postal Operator.
ARTICLE 30. RESPONSIBILITY OF POSTAL OPERATORS. Postal once received by the postal operator and therefore not reach the recipient, shipping will be the responsibility of the Postal operator and liable for breach in the conditions of postal service or for loss, theft or damage of the mailpiece until it is delivered the recipient or returned to the sender, as appropriate, in accordance with the provisions of Article 25 of this law.
ARTICLE 31. DISCLAIMERS OF POSTAL OPERATORS.
The Postal Operators shall not be liable for breach in the conditions of postal service or loss, theft or damage of postal items in the following cases:
1. When the breach in the conditions of postal service or loss, theft or damage of the mailpiece is due to force majeure.
2. When the mailpiece has been seized or confiscated in accordance with the procedures established by law.
3. Where there are inaccuracies in the information provided by the sender in connection with the contents of the mailpiece and it can be demonstrated with shipping records filed the Postal Operator, provided that such inaccuracy relating to the breach.
4. When the sender user does not file a claim within the period of calendar ten (10) days for domestic services and six (6) months for international services, in both counted from receipt of the mailpiece by the Postal Operator.
5. When the recipient user did not submit claim for theft or damage within five (5) days of receipt of the mailpiece.
ARTICLE 32. PROCEDURE FOR THE PROCESSING OF PETITIONS, COMPLAINTS AND RESOURCES (PQR), AND APPLICATIONS FOR DAMAGES. Postal operators should receive and process requests, complaints and appeals (PQR) related to the provision of the service and compensation claims and resolve fund within fifteen (15) business days following receipt by the postal operator . Against these decisions come from the internal appeals and grant appeal. The appeal will be heard by the authority responsible for the protection of users and consumers. The administrative appeal must be resolved within fifteen (15) working days of its filing. This term may be extended by one equal to that evidence, if necessary, prior motivation. Once resolved the administrative appeal, the operator will have a maximum of five (5) business days to submit the case to the competent authority to resolve the appeal, if appropriate.
After the deadline for resolving the request, complaint, administrative appeal (PQR) or request for compensation without any background resolved and notified that decision, fully fledged operate the positive administrative silence and understood that the PQR or request for compensation has been resolved favorably to the user, without prejudice to penalties that may apply.
Whenever this to the postal operator user an administrative appeal, the latter must inform expressly and verifiable has the right to lodge an appeal in subsidy replenishment, so that in case the response to administrative appeal is unfavorable to their claims, the competent authority decides background. Effective Notes
ARTICLE 33. RETURN OF DAMAGES. When the lost by a Postal Operator object is found, the user of your choice may request delivery of the object and therefore will be obliged to repay the compensation received from the Postal Operator or definitely stay with this and not claim the object.
ARTICLE 34. CLAIMS IN CASE OF OBJECTS POSTCARDS SENT TO OTHER COUNTRIES OR BY THESE RECEIVED FROM OFFICIAL POSTAL OPERATOR. Claims for postal services provided by the Postal Operator Officer in connection with the outside, shall be governed by the rules adopted by the Universal Postal Union UPU.
ARTICLE 35. DOCUMENTARY
RETENTION. Guides and support documents delivery, proof of receipt and any other documents that use the Postal Operators for the service and that they deem appropriate conservation, should be retained for a period not less than three (3) years from the date of issue thereof, subject to the terms of special rules. Upon expiration of the previous term these documents may be destroyed by any means provided adequate technical guarantees accurate reproduction.
Penalty system in providing postal services.
ARTICLE 36. COMPETITION FOR sanctions. The Minister of Information Technology and Communications or his delegate, will be the official authorized to impose sanctions for violations in the provision of postal services.
ARTICLE 37. VIOLATIONS
POST. For purposes of imposing sanctions, infringements are classified as very serious, serious and minor.
1. very serious infringements. They are very serious regime of postal services the following offenses:
a) To provide the Universal Postal Service without being legally qualified to do so.
B) The offer by operators not authorized to do so, postal mail services to the reserve area established in this law.
C) The use of signs, labels, emblems, advertisements, or forms that may lead to confusion with those used by the Operator or Dealer Official Postal Mail.
D) The refusal, obstruction or resistance to be inspected within the administrative fact-finding visit to the provision of the service.
E) actions intended to cause fraud on postage.
F) Liquidate taking periodic consideration lower than those actually caused revenue.
G) Any form of violation of freedom and confidentiality of postal items.
H) The provision of postal services without proper registration of operators of the Ministry of Information Technologies and Communications.
I) I Have been administratively sanctioned for committing more than two serious offenses in a period of two (2) years.
J) Any violation by the authorized operator, the labor regime in the recruitment of workers for the provision of postal services.
K) exchange rate regime violation duly enacted by the competent authority.
2. serious offenses. They are serious regime of postal services the following offenses:
a) Failure to comply Postal Services Operator with the obligation to disclose, in a visible place at all points of customer service, supply conditions of each postal service .
B) Failure to comply Postal Services Operator with the obligation to disclose, on the website of the company and / or means of written communication, the conditions for provision of each postal service.
C) The lack of timely payment of periodic consideration destined for the Fund Information Technology and Communications.
D) The delay by the Postal Services Operators in supplying the information required by the Ministry of Information Technology and Communications, in order to perform the assigned functions.
E) not respond to requests and complaints from customers or users of postal services, within 30 calendar days of receipt of the claim.
F) Consolidation of items by the operator in order to evade the consideration fixed by this law.
G) it has been administratively sanctioned for committing more than two minor offenses over a period of two (2) years.
3. Minor offenses: the regime is minor breach of postal services the failure of Postal Services Operators of the conditions of provision of postal services reported by these to their customers or users.
ARTICLE 38. SANCTIONS. Before processing the administrative procedure outlined in the Administrative Code, and the fulfillment of constitutional guarantees, the Minister of Information Technology and Communications or its delegate may impose the following sanctions:
1. For committing very serious offenses a) law given conditions may cancel the Concession Agreement Official Postal Operator or Dealer Mail.
B) Cancellation of licenses, for the provision of postal services and their Disposal Postal Operators Registry.
C) A fine ranging between sixty (60) and two hundred (200) minimum monthly wage. Exempted from this sanction conduct that the literal h) of paragraph 1 of Article 37 refers to, the sanction is provided for in Article 40.
2. For committing serious offenses.
1. Fine ranging from thirty (30) and sixty (60) monthly minimum wage.
3. Paria minor infringements:
2. Fine ranging between one (1) salary and thirty (30) minimum monthly wage.
GRADUATION OF SANCTIONS. The Minister of Information Technology and Communications in the imposition of sanctions will consider the proportionality of the penalty to the seriousness of the offender made (minor, serious or very serious), recidivism, the nature of the damage caused and degree of disruption of service. In addition, the Minister of Information Technologies and Communications when imposing the sanction, will consider the proportionality of the offense under the criteria of: mobilized shipments, coverage and coverage.
ARTICLE 40. PROVISION AND / OR ILLEGAL USE OF POSTAL SERVICES.
Who in any way provides postal services to third parties without being registered in the Register of Postal Operators, is punishable by a fine of five hundred (500) to one thousand (1,000) monthly legal minimum wages, closure of illegal facilities operator and final confiscation of the elements with which the service is being provided, such as guides, envelopes, announcements and network systems where information related to the activity of providing postal services are. Similarly, they are punished legal persons using postal services provided by third parties that are not registered in the Register of Postal Operators and have the proper authorization from the Ministry of Information Technologies and Communications.
This is without prejudice to legal proceedings that may take place.
. The Ministry of Information Technology and Communications, exercising special judicial police may close the facility in which they come to exert themselves Postal Services activities and confiscating the elements which is providing the service, such as , guides, envelopes, announcements and network systems where information related to the activity of postal services provided illegally in service points or locations operator where is advancing diligence in compliance with the investigation are. PARAGRAPH 2.
. The Ministry of Information Technologies and Communications and indicate the destination have to be given to goods and confiscated mailpieces.
SUPPORT OF THE AUTHORITIES. The Ministry of Information Technology and Communications when necessary request the intervention of the police authorities to enforce the final and provisional punitive measures referred to in this title.
ARTICLE 42. PROCEDURE FOR IMPOSING SANCTIONS. The Ministry of Information Technology and Communications apply the rules, principles and procedures set forth in the Administrative Code, to fulfill its administrative function and especially in terms of evidence, apply the rules contained in the Code of Civil Procedure.
ARTICLE 43. EXPIRY
. The power to impose administrative sanctions expire in the period established in Article 38 of the Administrative Code.