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The Decree 47/2010/nd-Cp: Detailing The Implementation Of Some Of The Content Of The Postal Law

Original Language Title: Nghị định 47/2011/NĐ-CP: Quy định chi tiết thi hành một số nội dung của Luật Bưu chính

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on postal 17 June 2010;

Considering the recommendation of the Minister of communication and information, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing implementation of some of the contents of the postal Law on investment in the postal sector, the postal license, text message confirmation of postal operations, postal stamps, compensation in the supply and use of postal services.

Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. The limit of liability in damages to a minimum is the lowest compensation level that the Organization, the individual must compensate for the Organization, individuals suffering damage to his losses in the supply and use of postal services.

2. SDR is single currency due to the International Monetary Fund (IMF) rules.

3. mail service is accepted, shipping services and the exchange of information in the form of hand-written or printed text, there is the recipient address or without recipient address (not including periodicals, books, newspapers, magazines) from the location of the sender to the recipient's location through the postal network by the method except for the electronic method.

4. The provision of postal services within the scope of the Union is the provision of postal services in the two provinces, the central cities.

5. Provision of international postal service is accepting the post office sent from Vietnam to transport and distribution in foreign countries or receiving postcards sent from overseas to play in Vietnam or in both directions.

6. on the sign is the sign of expressing information about the venue and date stamp.

7. Special Seal is the seal that was designed for the postage stamps Vietnam organized special entertainment released the important events. Special marks are used for the purposes of collection and use as on the first day.

8. Postage stamps with cancellations are postage stamps have marked the day or the signs express the cancellation stamp.

9. supply period is the time period that the special postage stamps sold on the public postal network since the date of issue to the expiry date of release under the provisions of the Ministry of information and communication.

Chapter II INVESTMENT in the POSTAL SECTOR article 3. Investment project assessment 1. The project invested by foreign capital levels under 15 billion Vietnam must be verified but not the prime investment policy decisions.

2. Projects of foreign investment capital levels from 15 billion Vietnam or over must be verified before submission to the prime investment policy decisions.

3. the certification body responsible investment posted a profile assessment opinions of the Department of information and communication for the project providing postal services on the scope of the Cabinet or the Ministry of information and communication for the project to provide postal services within the scope of Federal , international.

Article 4. Done, transfer the investment project 1. As capital transfer, transfer, suspension, relaxing project progress the project, terminating the operation of investment projects, investment projects, liquidation or have other adjustments with respect to investment, investors must comply with the provisions of the law on investment and report the competent State agencies about the postal regulations in clause 3 of article 3 Conference mandate to consider the amendments, additions, or level revoked the postal permit under the provisions of the postal legislation.

2. The transfer of investment project under the provisions of the law on investment does not cover the transfer of the postal licence, except in cases associated with the transfer of the entire business.

Chapter III the POSTAL LICENSE and the CONFIRMATION TEXT MESSAGE article 5 POSTAL ACTIVITIES. Financial conditions 1. Conditions of financial ability stated at point b item 2 article 21 postal Law are defined as follows: a) for the provision of postal services within the Cabinet, the enterprise must have a minimum capital level is 10 billion Vietnam;

b) for providing the universal postal service, the business must have a minimum capital is 5 billion in Vietnam.

2. The level of the minimum capital prescribed in paragraph 1 of this article must be shown in the certificate of registration of the postal operations or business certificate of investing in Vietnam postal operations of the business.

Article 6. Records suggest that the postal license 1. Records suggest that the postal license was established as 3 sets, in which 1 is the original, the 2nd is a copy because of the free business verification seal and is responsible for the accuracy of the copy.

2. The records suggest the postal license include: a) the postal license proposal Paper (according to the model in annex I);

b) a copy of the business registration certificate of the postal operations or investment certificate postal operations in Vietnam due to the free business verification seal and is responsible for the accuracy of the copy;

c) chartered organization and the operation of the business (if any);

d) business plan;

DD) supply contract Templates and using postal services consistent with the provisions of the postal legislation;

e) Sample logos, marks, specific signs or elements in the identification system of the enterprise was depicted on postcards sent (if available);

g) postal service rates consistent with the provisions of the postal legislation;

h) standard of quality postal services announced applied consistent with the provisions of the postal legislation;

I) provisions on limits of liability in the event of damages incurred damage, complaint resolution processes of the client, the time limit for complaint resolution consistent with the provisions of the postal legislation;

k) other business agreement with foreign partners, by Vietnamese, to supply a cooperation case, some or all of the stages of the postal service proposal to license;

l) document has legal Consul proving legal personality of foreign partners specified in point k 2 of this clause.

3. the business plan, including the following: a) business information including name, address, telephone number, fax number, e-mail address (e-mail) of the head, Representative Office, branch, website (website) of the business (if any) and other relevant information;

b) expected of local provision of services;

c) system and method of managing, operating the service;

d) process of the supply of services including transport, acceptance process and play;

DD) mode of service provision by businesses or organizations that provide services in cooperation with other enterprises (the case of cooperation with other enterprises, the enterprises of postal license grant proposals are presented in detail on the scope of cooperation, coordination work in ensuring safety , security, resolve complaints and compensation for the use of the service);

e) measures to ensure the safety for humans, the post office, postal network and information security in postal operations;

g) analysis of the feasibility and socio-economic benefits of the scheme through the norms on output, revenues, costs, labor, tax number, filed the State budget, the rate of return on investment in the 10 years since the licensing proposal.

Article 7. Recommended records confirm the announcement of postal activities 1. Recommended records confirm the announcement of postal operations for the cases specified in point a, b, c paragraph 1 article 25 postal Law established the 1st is original, including: a) message text postal activities (according to the model in annex II);

b) the documents specified in point b, e, f, g, h, i paragraph 2 in article 6 of this Decree.

2. the recommended records confirm the announcement of postal operations for the cases specified in point d, DD, e, paragraph 1 article 25 postal Law established the 1st is original, including: a) message text postal activities (according to the model in annex II);

b) copies the text approved sign franchise due to competent State agencies are businesses confirmation stamp and is responsible for the accuracy of the copy, with regard to cases receiving the franchise from overseas into Vietnam;

c) copies the postal license longer term use, the confirmation text message postal operations was granted by the order confirmation stamp business and is responsible for the accuracy of the copy;

d) contracts with foreign partners;

DD) document has legal Consul proving legal personality of foreign partners;

e) the documents specified in point b, e, f, g, h, i paragraph 2 in article 6 of this Decree.

3. recommended records confirm the announcement of postal operations for the cases specified in point g, h article 25 paragraph 1 the postal Act established the 1st is original, including: a) message text postal activities (according to the model in annex II);

b) a copy of the licence established by the authorized State agencies are businesses confirmation stamp and is responsible for the accuracy of the copy.

Article 8. The sequence, licensing procedures, postal confirmation message text postal activities 1. The business, the organization recommended the postal license, text message confirmation of postal operations filed directly or send via mail to the competent State agencies about the postal regulations in article 9 of this Decree and is responsible for the accuracy, the integrity of the record.

The announcement of postal operations to the competent State agencies issued the confirmation text message postal activities made at the latest within 7 working days as from the date of the first postal operations.

2. Since the date of the records that meet the provisions of article 6, article 7 of this Decree, the licensing of postal, text message confirmation of postal activities are performed within the time limit: a) 30 days for interrogation and the postal license;

b) 10 working days, for the investigation and issue a confirmation text message postal operations.


3. within 3 working days from the date of the application, the competent State agencies of postal license, text message confirmation of postal activities posted receipt records to the electronic mail address (e-mail) of the business, the organization recommended the postal license , text message confirmation of postal operations.

4. Case profile suggested the postal license, text message confirmation of postal activities do not meet the provisions of article 6, article 7 of this Decree, within 7 working days from the date of the application, the competent State agencies of postal license , text message confirmation of postal activities posted notices on the contents first need additional amendments in profile. Within 15 working days from the date of the notice, the business, the Organization has the responsibility to amend and supplement the profile as required.

5. No case modification, additions as defined or modified, supplemented but not yet satisfactory, State authorities have the authority to license, postal confirmation text message send postal operations reported 2 times within 7 working days from the date of the notice period ends. Within 15 working days from the date of notification, the responsible business modification, additions as required.

6. in case of no modification, supplement the record as requested, the competent State agencies of postal license, a confirmation text message notification out postal operations rejected the postal license, text message confirmation of postal activities within 7 working days from the date of the notice period ends.

7. business cases have modified the additional profile, but have not yet reached the required modifications, additions continued to be made according to the procedure prescribed in clause 5 of this Article.

8. in case of refusal to license, postal confirmation text postal activities, the notice within the time limit specified in paragraph 2 of this Article the competent State agencies of postal license, text message confirmation of postal operations must inform, in writing and stating the reason.

9. After the State Agency has the authority to license, postal confirmation text message notification out postal operations rejected the postal license, text message confirmation of postal activities, the business, the organization wants to continue to recommend the postal license, text message confirmation of postal operations, they must apply and perform the procedure under the provisions of article 6, article 7, article 8 of this Decree.

Article 9. The postal license authority, text message confirmation of postal activities 1. The Department of communication and media authority: a) the postal license for provision of services within the internal mail;

b) text message confirmation of postal operations for the postal service provision specified in point a, b, c paragraph 1 article 25 postal Law within the Cabinet and specified in point g clause 1 article 25 postal Law.

2. The Ministry of information and communication has the authority: a postal license) for the case of the provision of services within the Union, international;

b) text message confirmation of postal operations for the postal service provision specified in point a, b, c paragraph 1 article 25 postal Law within federal, international and other cases specified in point d, DD, e, h, paragraph 1 article 25 postal Law.

3. the postal license, text message confirmation of postal operations for the provision of postal services within the Union, international value provides postal services within the Cabinet of the province, central cities are concerned.

Article 10. The content must change notice 1. The content must be notified when the change: a) change of legal representative, address, and phone number main office intercom's business than the record suggested the postal license last;

b) change the quality criteria of the service; supply contract template and use the service; the provisions relating to compensation claims, compared with profile suggestions the postal license last;

c) change the content was reported compared to the recommended records confirm the announcement of postal operations as specified in article 7 of this Decree.

2. within 7 working days from the date of change of the content of the provisions in paragraph 1 of this article, the business, the Organization must inform in writing (according to the model in annex III) by the competent State bodies have the postal license, text message confirmation of postal operations.

3. where the content change specified in point b, c paragraph 1 of this article does not conform with the provisions of the postal legislation, within 5 working days from receipt of written notice of change of your business, organization, the competent State bodies have the postal license , text message confirmation of postal activities must notified by text send business, organizations require additional amendments accordingly.

Article 11. Modifying, supplementing the postal license 1. Case should content change recorded in the postal licence has been granted, the business must make amends, supplements the postal license. The postal license Agency is the competent authority to modify, complement the postal license.

2. The profile suggested additional postal licence, established the 1st is original and be filed directly or sent by mail to the competent State agencies have the postal license.

3. The records suggest modifying, supplementing the postal license include: a) the paper suggested, additional postal license (according to the model in annex IV);

b) documents related to the content of the proposed amendments, additional postal license;

c) copies the postal license was granted the most recent times.

4. within 10 working days from the date of the profile meets the provisions in paragraph 2, paragraph 3 of this article, the competent State bodies have the postal license is responsible for examining and modifying, supplementing the postal license. Cases not approved additional amendments, the competent State bodies have the postal license must be notified in writing to the business and stating the reason within 10 working days from the date of modification, profile added.

5. in case of amendments, supplements the range of postal services provision led to change the licensing authority, the postal enterprises pay records and perform the procedures as the new license.

Article 12. The postal license level again when they expire 1. Before the postal license expires 30 days minimum supply business, the postal service needs to keep trading up 7 record is the original grant proposal back to the postal license and the submission directly or sent by mail to the competent State agencies have been licensed.

2. the recommended records reissued the postal license when it expired, including: a) the paper suggested the postal license again (according to the model in annex V);

b) copy the postal license was granted the most recent times;

c) financial reporting of 2 years due to the free business verification seal and is responsible for the accuracy of the report;

d) business projects in the next phase, if the business loss 2 consecutive years;

DD) the documents specified in point dd, e, g, h, i paragraph 2 in article 6 of this Decree, if any change compared with the records suggest the postal license times.

3. The grant of leave the post when the license expires is made within a period not exceeding 10 working days from the date of the records that meet the provisions of paragraph 1, paragraph 2 of this Article.

4. The procedure of reissuing the postal license is done according to the order prescribed in article 8 of this Decree.

5. where the business for the postal license expired or not do the procedure again the postal license in accordance with the time limits prescribed in clause 1 of this article, the business needs to be granted the postal license back to filing and perform the procedures as the new license.

Article 13. The postal license again, the confirmation text message is lost or damaged from use 1. The postal license case, text message confirmation of postal operations is lost or damaged from use and the business, the organization wants to be given back to the enterprise, organizations must establish 1 record is original and submitted directly or sent by mail to the competent State agencies have the postal license , text message confirmation of postal operations.

2. the recommended records reissued the postal license, text message confirmation of postal operations is lost or damaged do not use are: a) the paper suggested the postal license again, the confirmation text message postal activities (according to the model in annex V);

b) original postal permit longer term use, the confirmation text message postal activities, with regard to the case are damaged from use.

3. within 7 working days of receipt of the record satisfying the provisions of paragraph 1, paragraph 2 of this article, the competent State bodies have the postal license, text message confirmation of postal activity level again this text for business.

4. postal license, text message confirmation of postal operations was level again as a copy from the original was manage state agency authority has granted the license, postal confirmation message text postal operations.

Article 14. The fees 1. Business, organizations are issued, modified, supplemented, restored the postal license, text message confirmation of postal activity fees under the provisions of the law.

2. The level of fees, the management and use of the fee levels, modify, Supplement, replace the postal license, text message confirmation of postal activities are performed according to the regulations of the Ministry of finance.

Article 15. Use the postal license, a confirmation text message business postal activities, organizing the postal license, text message confirmation of postal operations is responsible for:


1. the postal activities in accordance with the content specified in the postal licence, text message confirmation of postal operations.

2. Do not repair, erased the content recorded in the postal licence, text message confirmation of postal operations.

3. no sale, transfer, except where associated with the transfer of the entire business due to merger or sale of the business.

4. Do not lend, lease, pledge.

5. Submit pay postal license, text message confirmation of postal operations to the postal authority on when a decision is revoked.

Chapter IV article 16 POSTAGE STAMPS. Classifying postage stamps postal Stamp Vietnam Vietnam are classified as follows: 1. Postage stamps are postage stamps have no time limit for the supply and allowed in again.

2. special postage stamps as postage stamps have limited time offer and is not allowed in again. Special postal stamps include commemorative postal stamps and postage stamps.

Article 17. Used postage stamps Vietnam 1. Vietnam postal stamps used to pay before the postal service rates when it meets the following conditions: a) by Ministry of information and media releases;

b) banned circulation;

c) not yet marked cancel;

d) intact.

2. special postage stamps in the time limit for the supply of common postage stamps, to be sold on the public postal network under the price printed on the face of the stamp, except postage stamps marked Cancel.

3. special postage Stamp expiry provision still worth using for payment before the postal service rates.

4. The recovery and processing of special postal stamps expiry provision is made according to the regulations of the Ministry of information and communication.

5. Printing postage stamps Vietnam on the publication to use postage stamps with the word "stamps" (Specimen) or postage stamps marked cancel, except in zoom many times as a pa, posters.

Article 18. Import postal stamps 1. Organization, import personal postage stamps with the number 500 from the back up and does not list the type of postage stamps to the provisions in paragraph 3 Article 37 postal Laws to permit imports of postage stamps by Ministry of information and communications.

2. the suggested profile import permit postage stamps was established as the 1st is original, including: a) the paper suggest the import permit postage stamps (according to the model in annex VI);

b) copy of business registration certificate or certificate of investment in Vietnam of the organization suggested by the self organization of import confirmation stamp or paper identity or passport of the individual recommendations;

c) postage stamps templates or copy postage stamps proposed imports.

3. The order of import licensing procedures postage stamps: a) the Organization, individuals proposed import permit postage stamps filed directly or sent by mail to the Ministry of information and communication and is responsible for the accuracy, the integrity of the record;

b) from the date of receiving the profile meets the provisions in paragraph 2 of this article, the licensing of import of postage stamps made within 7 working days;

c) Ministry of information and communication, send a receipt to record an e-mail address (e-mail) of the Organization, the individual proposed import permit postage stamps within 3 working days of receipt of the record;

d) where the import permit records postage stamps not meet prescribed in paragraph 2 of this article, within a period of 3 working days from the date of the application, the Ministry of information and communications posted a message asking what content needs additional amendments. Within 5 working days from the date of notification, the Organization, individuals are responsible for additional amendments as required. The case does not amend, supplement the record as requested, the information and communications Ministry announced rejection of import permit postage stamps within 5 working days from the date of the notice period ends;

DD) cases denying import licenses, the postage stamps of the time limit specified in point b of paragraph 3 of this article, the Ministry of information and communication must be notified in writing and stating the reason.

4. license to import valuable postage stamps done once within a period not exceeding 1 year from the date of signing and was not renewed.

5. The cases do not need import permit postage stamps: a) the postage stamps of the Member countries of the World Postal Union imported under the provisions of the Convention of the World Postal Union;

b) total for the category of postage stamps for a number of imports under 500 and do not list the type of postage stamps to the provisions in paragraph 3 Article 37 postal Laws;

c) postage stamps in Vietnam in foreign countries according to the decision of the Ministry of information and communication.

Article 19. The planning topics of postage stamps Vietnam 1. The planning topics of postage stamps Vietnam built for a period or for a subject to be released for many years consecutively or according to a certain frequency.

2. The program topical postage stamps Vietnam built to release in 12 years.

3. The information and communications construction organization, planning and program topics of Vietnam on the basis of postal stamps: a) The important events of Vietnam and the world;

b) on the recommendation of the Organization, individuals in and outside the country;

c) needs, tastes, stamp collection market.

Article 20. National Advisory Council on postal stamps Vietnam 1. National Advisory Council on postage stamps is consulting organization, Vietnam join comments on the content related to the planned subject of postage stamps Vietnam; the program topical postage stamps Vietnam; design patterns and other issues related to the postal stamp Vietnam.

2. The Ministry of information and communication decided to establish a National Advisory Council of Vietnam Government, composed of representatives of the following organizations, bodies: a) the Ministry of information and communication (Chairman);

b) Ban the Central propaganda Department;

c) the Ministry of culture, sports and tourism;

d the Vietnam Social Science Institute);

History Institute);

e Vietnam Fine Arts Society);

g) Vietnam history Science Society;

h) Vietnam Stamp Society;

I) organizations, individuals in related fields.

3. members of the National Advisory Council on postal stamps Vietnam is responsible for providing the materials, documents, tasks, functions in the field of its advanced content-related opinions and take responsibility for the materials, the materials were provided.

4. members of the National Advisory Council on postal stamps Vietnam enjoy the mode according to the current rules.

Article 21. Sample design postage stamps special stamp and Vietnam 1. The sample design postage stamps special stamp and Vietnam was made on the basis of postal stamps program, Vietnam released Vietnam postal stamp has been approved.

2. Each stamp design Vietnam postal special stamp designs, must have a minimum of 3 designs have the content, the style of different expression of at least 2 author.

3. The organization of the contest to design a national postal stamp on the occasion of important events of Vietnam and the world by Ministry of information and communication decided.

Article 22. Store postage stamps 1. Vietnam postal stamps for the national archives and records postal stamp designs Vietnam's national assets and stored, preserved in accordance with the law on archives.

2. In addition to Vietnam postage stamps for the national archives and records postal stamp designs Vietnam stipulated in paragraph 1 of this article, the Ministry of information and communications is responsible for storage and preservation of such professional service of postal stamps for the following purposes : a) serves propaganda, promotion;

b) serve scientific research;

c) serve the active exchange with other Member countries of the Universal Postal Union and the international organization;

d) serve state management activities.

3. The Ministry of information and communication, specific rules about hosting for Vietnam postage stamps for the national archives, records of postal stamp designs Vietnam and the storage for the arsenal stamps specified in paragraph 2 of this Article.

Article 23. State management expenditure on postage stamps the funding for governance activities of postage stamps with the provisions of this Decree are arranged from the State budget and be balanced in annual spending plans of the Ministry of information and communication.

Chapter V COMPENSATION for DAMAGE in the SUPPLY and USE of the POSTAL SERVICE to article 24. The principle of compensation for damage 1. The compensation for direct damage is done on the basis of supply contracts and the use of postal services. No indirect compensation contracts or resources not obtained due to the postal service does not guarantee the quality that the two sides had a deal.

2. the sending post office is lost, damaged or swap the whole shall be compensated according to the rules for each type of service. Compensation for damage caused by non-regulated businesses is lower than the limit of liability for compensation of each type of service as defined in article 25 of this Decree.

3. no compensation with respect to the following cases: a) postal service without proof to confirm the acceptance of postal sending;

b) Who use the service do not have the documents to prove the use of the service.

Article 25. The limit of liability for compensation of damage 1. The limit of liability in damages to a minimum is specified as follows: a) for domestic postal services: 4 times (including refund service charges already use) of the service used;

b) for universal postal service to be transported by air: 2 SDR/kg (calculated at each step of the mass of 500 grams, the travellers are in 500 grams) but not lower than 30 SDR/postcards sent, plus return postage of the service used;

c) for universal postal services are transported by other means: 2 SDR/kg (calculated at each step of the mass of 500 grams, the travellers are in 500 grams), plus return postage of the service used.


2. in case of breach of contract committed by not ensuring all the time announced and who use the postal service have proven the voucher does not guarantee full time process, the business provides postal services have a responsibility to refund the cost of the service used for the users of postal services.

3. The compensation for universal postal services within the framework of the World Postal Union due to specified business supply must comply with the provisions on compensation in the event of the World Postal Union.

Article 26. The term service in compensation for damage 1. The time limit for compensation not to exceed 30 days from the date the parties establish the text determines the compensation responsibility.

2. the time limit of the compensation prescribed in paragraph 1 of this article, the right of compensation have to pay interest rates slow payments under the provisions of the law.

Article 27. Withdrawal compensation 1. The case renewed a part or all of the postcards sent were considered lost and have been prescribed compensation, business provides postal services have a responsibility to inform the people who got the money in damages.

2. Who did receive money damages have the right to receive or refuse to receive part or all of the postcards sent to find.

3. where the person who received the compensation money received back part or all of the postcards sent to find they must repay the amount of the corresponding compensation for business provides postal services.

4. where the person who received the compensation money refused to accept back the part or all of the postcards sent to find are in the ownership of the enterprises providing postal services.

Chapter VI Article 28 ENFORCEMENT TERMS. Effect 1. The Decree has effect from the date of 15 August 2011.

2. From the date of Decree to this effect, the Decree No. 157/2004/ND-CP on August 18, 2004 detailing the implementation of a number of articles of the Ordinance on telecommunications, postal, Decree No. 128/2007/ND-CP of July 8, 2007 about the courier service and the postal regulations in Government Decree No. 121/2008/ND-CP dated 3 December 2008 on the investment activity in the field of post and telecommunications.

Article 29. Transitional provisions 1. Within a period of 6 months from the date of this Decree in force: a) The postal activities in DD, e, h postal Law article 25 paragraph 1 are made in Vietnam before the decree to this effect to the notification procedures the postal activities under the provisions of the postal Laws and decrees;

b) business has been the postal license before this Decree in force to secure the capital prescribed in clause 1 article 5 of this Decree.

2. enterprises were granted the certificate of business registration services or investment certificates in Courier field before this Decree in effect was continued until the certificate expired, revoked, cancelled or replaced by other text.

Article 30. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.