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Law 49/2010/qh12: Postage

Original Language Title: Luật 49/2010/QH12: Bưu chính

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;

Congress enacted the postal Law.

Chapter I GENERAL PROVISIONS article 1. Scope this law regulating postal operations; rights and obligations of the Organization, individuals in postal operations and governance of the postal operations.

Article 2. The object to apply this law applies to organizations, individuals perform, participated in the postal operations in Vietnam.

Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. the postal activity include the investment activities, business, supply, use the postal service, the postal service, postage stamps.

2. Post offices send mail, including packages, bales accepted goods, transport and distribution of postal networks through legal.

3. postal service is accepted, shipping services and postal mail sent using the method from the location of the sender to the recipient's location through the postal network, except the electronic method.

4. public postal service is postal services are offered at the request of the State, including the universal postal service, the postal service served the defense, security and other specific tasks.

5. universal postal service is postal services are offered regularly to people according to the conditions of the volume, quality and prices by the competent State Agency regulations.

6. The letter is information exchanged in the form of handwritten text or print, have the recipient address or without recipient address, except for periodicals, books, newspapers, magazines.

7. Messages with no recipient address is the message does not have information relating to the recipients on the message, on the packaging of the message, including the message to advertising, propaganda.

8. basic mail services mail service is no elements adding to the value of the service.

9. the postal Network is the system of postal sending mining facilities, the postal service points are connected by transit and online play to provide postal services.

10. public postal Network are the postal network investment by the State and assigned to the specified business management, the exploit.

11. Postal Service Point is the place of acceptance, send post cards, including post offices, kiosks, public mail, agents and other forms to accept the post, send.

12. public mail is the postal service points in the public postal network is used to accept the basic message.

13. Mailbox is gathering the family mailbox was installed at convenient location for the post office to send and receive of condominiums, office buildings are more independent mailing address.

14. the full time course of postal sending is calculated from the time when the post office sent acceptance before being delivered to the recipient.

15. Information on the use of postal services including the post content submitted, information about your name, address, telephone number (if any) of the sender, recipients, and other relevant information.

16. The use of the postal service is held, personal use of postal services, including the sender and the recipient.

17. The sender is held, the individual named in the record information about people sent on postcards sent, on supply contracts and the use of postal services.

18. The recipient's organization, the individual named in the record about the recipient information section on the post office to send, on supply contracts and the use of postal services.

19. the specified business is business provides postal services are State appointed to the postal service, public interest and active participation provides international postal service, other services in the framework of international treaties of the World Postal Union, other international treaties in the postal sector which the Socialist Republic of Vietnam is the members.

20. Vietnam postal Stamp is printed by the competent State agencies of Vietnam's post and decided to release the first payment the postal service rates on the public postal network and was recognized in the network of the World Postal Union.

21. foreign postage stamps are printed by the Member countries of the World Postal Union released for payment before the postal service charges and recognized in the network of the World Postal Union.

Article 4. The postal operating principle 1. Ensuring security, safety, timeliness, accuracy, convenience in providing and using postal services.

2. Secret messages in accordance with the law.

3. postal service business according to the market mechanism, the management of the State.

4. Ensure the provision of postal services in regular, stable public utility for society.

5. Respect, protect the legitimate rights and interests of the Organization, individuals involved in the postal operations.

Article 5. The State's policy of Government 1. The construction and development of modern postal industry to serve socio-economic development, ensuring defense, security and the life of the people.

2. Build and improve the competitive environment in accordance with the law to the economic sectors of postal activity.

3. Encourage the progressive application of science, technology, human resource training to postal development.

4. enhancing international cooperation, integration and implementation of international commitments in the postal sector.

5. Apply the mechanism of incentives for the provision of postal services in the public interest to have socio-economic conditions and the difficult socio-economic conditions of society particularly hard.

Article 6. The case of the post office sent be accept priority shipping, and in case of emergency 1. Prevention of fires, natural disasters and catastrophes.

2. disease prevention.

3. The rescue, rescue.

4. Serve the national defense, security.

Article 7. The prohibited acts 1. Send, accept, shipping and postage to send content provoked, causing insecurity, undermining national unity, against the deteriorating state of the Socialist Republic of Vietnam.

2. Send, accept, shipping and postage to send weapons, explosive substances, organisms, toxins, radioactive substances, drugs, disease germs to terrorism, harassment to life, property, disorderly, social security.

3. submit, accept, transport and distribution of postal sending cultural products containing immoral society, left the customs of Vietnam.

4. Impersonate another person when using postal services.

5. the appropriation, theft of postal sending; swap the post content.

6. Disclosure of information on use of the postal service, postal cancellation, send open peeling is unlawful.

7. Invasive postal public works; hinder legitimate postal operations.

8. Perform acts unlawful competition in postal operations.

9. The production, trading, use the postage stamps and postal stamp Vietnam left foreign law.

10. postal activities contrary to law.

Chapter II PROVIDES the POSTAL SERVICE USE and article 8. Supply contracts and the use of postal services 1. Supply contracts and the use of postal services is to provide the business agreement between the postal service and the sender, by which businesses accept, shipping and postage sent to locations at the request of the sender and the sender must pay tariffs of postal services.

2. supply contracts and the use of postal services is written or established by the behavior. On marks or information identifying the time and place of acceptance post offices send is determining the responsibilities of the business provides postal services.

Article 9. Supply contracts and the use of postal services in writing 1. Supply contracts and the use of postal services in writing to have the following content: a) postal services;

b) volume, the number of postal sending;

c) the time, place and method of supplying postal services;

d) of postal service quality;

DD) rights and obligations of the parties;

e) prices and method of payment;

g) liability and compensation the maximum when there is breach of contract.

2. the delivery contract in writing must be established by Vietnamese; If the parties have agreed to use more languages, the text in Vietnamese text in another language and have the same legal value.

3. Documents confirming the acceptance of postal mail sent between businesses providing postal services, and the sender has no legal value as the delivery contract in writing between the parties, unless the parties have agreed otherwise.

Article 10. Supply contracts and use the postal service established by a particular behaviours the sending public letter box to qualify the provisions in clause 1 of article 11 of this Law, stamped or marked with Vietnam postal prepayment rates of business provides postal service behavior is established contract between businesses providing postal services and the sender.

Article 11. Accept the post and send 1. Send post cards are accepted when there is enough of the following conditions: a) contains no items, the goods specified in article 12 of this law;

b) information related to the sender, the receiver on the post office sent, unless the parties have agreed;

c) Has paid the postal service rates enough, unless the parties have agreed;

d) are wrapped, wrapped at the request of the postal service.

2. the sending post office is deemed to have been accepted in the following cases: a) the post office sent has been providing businesses the postal service accepted at postal service points or at the address of the sender;

b) letter of the conditions specified in paragraph 1 of this article have been box.

3. send post cards are considered valid played in the following cases: a) was in the recipient's address, including the mailbox, the mailbox, the mailbox of subscribers or other forms for the receipt of postal sending;

b) Was delivered to the recipient at the postal service performs the play;

c) developed at the request of users of postal services.

Article 12. Artefact, the goods are not delivered, accepted, shipping via the postal network 1. Artefact, commodity that Vietnam's law provisions prohibiting circulation.

2. Articles, goods from Vietnam sent the water that law regulated the export of Vietnam or the laws of the receiving countries prohibit the importation regulations.


3. Items, goods from these countries send about Vietnam that defined Vietnam law banned imports.

4. prohibited goods, items shipped by mail in accordance with the law of Vietnam, international treaties to which the Socialist Republic of Vietnam is a member.

Article 13. Ensure safety in the supply and use of postal services 1. The post office delivered by organizations, individuals are guaranteed safe from being accepted until released according to the provisions in paragraph 2 and paragraph 3 article 11 of this law.

2. where the casing of the post office to send damaged, torn, enterprises providing postal services is responsible for inventory, set the minutes and wrapping, wrap back to suit the requirements of the postal service to ensure safety for the post office to send.

3. organizations and individuals make, involved the postal activities in Vietnam have a responsibility to ensure the safety of people, the post office and the postal network.

Article 14. Ensuring security of supply and the use of postal services 1. The case of the post office sent to detect violation of the provisions of article 12 of this law, the business provides postal services is responsible for: a) the suspension of shipping, post office to send it;

b) inform the competent State agencies involved to handle under the provisions of the law.

2. the competent State authorities to temporarily suspend the sending post office, transport; check the post processing, submit or request for information on the use of postal services in the following cases: a) grounded post defined send or lead to violations of the law on national security law violations or other serious;

b) Postage to send relevant to the criminal case that the check, send and post processing required to provide information on the use of postal services that are permitted by law.

3. The suspension of transportation, post and send; check the post processing, submit or request for information on the use of postal services as defined in clause 2 of this only be done after having requested in writing by the competent State agencies as prescribed by law.

4. The suspension, suspension from transportation, the post office sent; check the post processor to send the request and provides information on the use of postal services as defined in clause 1 and clause 2 of this must be founded thereon, signed by the parties concerned.

5. organizations and individuals are not taking advantage of the suspension, the suspension of transportation, post and send; check the post processor to send the request and provides information on using the postal service to cause damage to the interests of the State, the legitimate rights and interests of organizations and individuals who provide and use the postal service.

6. Business supplying postal services is responsible for coordinating, facilitating the competent State bodies performing the tasks specified in paragraph 2 of this Article.

7. The suspension, suspension from transportation, the post office sent; check the post processor to send the request and provides information on using the postal service not to affect the normal operation and the quality of the postal service's business provides postal services.

Article 15. Export, import of the post office to send 1. Export, import of the post office sent must be made according to the provisions of this law and the provisions of relevant laws.

2. supply business in international postal service is on behalf of people who use the postal service implemented the procedures for export and import the post office to send when the legal representative of the users of the postal service.

Article 16. Authority, change your name, address, postal delivery and withdrawal forward post and send 1. The post office sent the while not yet delivered to the receiver still in the authority of the sender, unless being seized or destroyed under the provisions of this law and the provisions of relevant laws.

2. The sender has the right to change their name, address or parcel sent to withdraw when the post office sent yet for the receiver and when the sender has proof the vouchers sent. The sender must pay the postal service charges incurred due to the change of name, address or withdrawal sent postage, unless the parties have agreed otherwise.

3. When the post office delivered to the recipient's address and when people use the postal service to notify the business providing the postal service about the change of the address of the recipient, the sending post office was forwarded to the new address. The request must be sent postage paid forwarding tariffs of postal services, except where the parties have agreed otherwise.

Article 17. The post office does send the post to send the complete transfer, postage refund sent to senders, send post cards do not have the receiver 1. The post office delivered is deemed not to be in the following cases: a) no recipient addresses; the recipient address is incomplete or not correct;

b) recipient address has changed but not to leave the new address;

c) recipient not found at the address was recorded;

d) after failing to make the supply business, the postal service has to invite a minimum of twice, a 2 day work, but not to the recipient;

DD) the recipient refused to accept.

2. send post office was moved to return them to the sender when playing for the recipient and sender of the transfer request. The sender must pay the postal service charges when the post sent completed the transfer, unless the parties have agreed otherwise.

3. Basic Messages to 500 grams (g) when playing is transferred to the sender and be completely free when the postal service moved.

4. the sending post office is considered not to be repaid to the person who sent in the following cases: a) no sender address; the sender address is incomplete or not correct;

b) the sender address has changed but not to leave the new address;

c) did not find the sender address in the recorded on the post office to send;

d) after failing to make the supply business, the postal service has to invite a minimum of twice, a 2 day work, but not to the recipient;

DD) refused to accept the sender again.

5. send post office is considered unclaimed in no case be for the recipient as defined in paragraph 1 and do not refund to sender as defined in paragraph 4 of this Article after the deadline may 6, since the post office sent be accept. This time limit does not apply to the post office to send that recipient from the sender and also refused to get back.

Article 18. National postal codes 1. National postal code consists of the set of characters to identify a group or a postal address by the competent State agencies of postal regulations.

2. The building of postal code must ensure the following principles: a) ensure stable, scientific and do not overlap;

b) based on the administrative, geographical and population density will be allotted on nationwide;

c) consistent with the guidance of the World Postal Union and international practices.

3. Encourage the Organization, individuals involved in the postal operations apply national postal code in order to improve the quality of postal services.

Article 19. The postal network to serve the party, the State, defense, and security 1. The postal network to serve the party, the State, defense, and security was established to provide postal service serves these agencies, not for the purpose of operating the business.

2. the postal Network specified in clause 1 of this article just be connected to the public postal network.

Chapter III INVESTMENT, business POSTAL SERVICES article 20. Investing, trading postal services 1. The Organization, personal investing, trading postal services according to the provisions of this law and the provisions of relevant laws.

2. Forms, investment, business conditions and the rate of capital contributed by foreign investors in the investment business, the postal service is in accordance with the law of Vietnam and international treaties related to postage that the Socialist Republic of Vietnam is a member.

Article 21. Business license conditions postal services 1. Business services have the recipient address has the single volume to 2 kilogram (kg) must have a business license in postal services (hereafter referred to as the postal licence) issued by the competent State agencies of Government.

2. The enterprises of postal license when there are enough of the following conditions: a) is the business registration certificate of the postal operations or investment certificates in the postal sector;

b) have the ability to finance, HR and business plans fit according to the suggested content to be licensed;

c) Have viable business plans consistent with regulation of prices, quality postal services;

d) take measures to ensure information security and safe for humans, the post office, postal network.

Article 22. The content and duration of the postal licence 1. The postal license has the following major contents: a) the name, address of Head Office of the enterprise is the postal license;

b) types of postal services provision;

c) scope of the postal services provision;

d) standard, the quality of the postal services provision;

DD) rights and obligations of the business was licensed for postage;

e) term of the postal license.

2. the postal license is granted with a time limit of not more than 10 years.

Article 23. Modify, Supplement, replace the postal license 1. Case should content change recorded in the postal licence has been granted, the business must make amends, supplements the license.

2. The grant of leave the postal license is made in the following cases: a) the postal licence expires;

b) postal licence lost or damaged from use;

c) at the request of the competent State bodies the postal license.

Article 24. The postal license revocation 1. The State Agency has the authority to license revoke postal postal licence if the licensed business has one of the following behaviors: a) activities against the Socialist Republic of Vietnam; harm to the national security, order and social safety;

b) provide information or intentionally cheating to be licensed;

c) is no longer sufficient conditions to be licensed;


d) supplying postal services does not meet the content recorded in the license, that cause serious consequences to the interests of the State, the legitimate rights and interests of organizations and individuals;

DD) After 1 year from the date of grant of the license not yet implemented providing postal services to be recorded in the licence;

e) rent, loan license; license transfer is unlawful.

2. After 1 year since revoked the license prescribed in points b, c, d, e and e of paragraph 1 of this article, if it has overcome the consequences caused and have enough conditions to be granted a licence specified in article 21 of this law, the business license has been revoked can do the procedure suggested the new license.

Article 25. The announcement of postal activities 1. The following postal activities must be notified in writing to the competent State agencies of Government: a) provide service no recipient address the single volume to 2 kilograms (kg);

b) provides single-mass mail services built on 2 kilogram (kg);

c) services package, Sue;

d) as agent for the enterprise provision of postal services abroad;

DD) received the franchise in the postal sector from overseas into Vietnam;

e) as the representative for business provides postal services abroad;

g) Do affiliate, Representative Office of the business provides postal services to be established under the law of Vietnam;

h) Do representative offices of business provides postal services abroad.

2. in case of change of contents announced supply business, the postal service, the organization specified in point g and point h paragraph 1 of this article must be notified of changes to that content with the competent State agencies of Government.

3. the competent State agencies of Government to confirm in writing the event notification prescribed in clause 1 and clause 2 of this Thing.

4. a confirmation text message activity Postal Service reissued in case of loss or damage cannot be used.

5. During the implementation of the notification procedure, the business provides postal services, the organizations specified in point g and point h paragraph 1 this is conducting the postal activities under the business registration certificate or a certificate or license to establish a representative office of a foreign merchant or approval notice sign franchise operations trade has been issued in Vietnam.

Article 26. The case does not need the postal licence, without notice operation 1. Individuals receiving, shipping and distribution of mail, packages, bales of goods on the basis of agreement with the auto send without taking public money with the number of the post office to send the maximum prescribed by the competent State agencies of Government.

2. the receiving organization, shipping and distribution of mail, packages, bales of goods internally or for its customers without taking public money.

3. Operate the postal service providers prescribed in clause 1 article 19 of this law.

Chapter IV the QUALITY and PRICES of POSTAL SERVICES article 27. Quality of postal services 1. The quality of public postal service is managed on the basis of national technical regulation on postal services by State agencies, public interest authority on postage.

2. The quality of the postal service is not in the public postal services by enterprises providing postal services announced, applied consistent with the provisions of the postal law and the provisions of relevant laws.

3. the State encourages the business provides postal services to apply international standards in the postal sector.

Article 28. Postal service rates 1. A base to build and adjust pricing postal services include: a) the cost of production, supply and demand relations of the market;

b) level on the market the same type of rates in the region and the world.

2. the postal service charges by public utility agencies have the authority on postal regulations under the provisions of this law and the law on prices.

3. Business provides postal services is responsible for: a) decide the postal service charges due to the supply business, excluding the postal service in the category due to the competent State agencies regulating rates;

b) register, declare the postal service charges under the provisions of the law on prices;

c) inform the competent State agencies of postal tariffs of postal services;

d) listed the postal service rates.

Chapter V RIGHTS and OBLIGATIONS of the BUSINESS PROVIDES POSTAL SERVICE, who USE the POSTAL SERVICE to article 29. Rights and obligations of the business provides postal services in addition to the rights and obligations stipulated in the law on enterprises, the enterprises provide the postal service also has the following rights and duties: 1. To set the postal network to provide postal services;

2. full payment of postal service rates that you provide;

3. Check the package contents, conditions of the goods before acceptance;

4. Refuse to provide postal services if the sending post Office discovered violating the provisions of article 12 of this law and the regulations on conditions of providing postal services of the business;

5. Handle the post office sent no recipients specified in clause 5 article 17 of this law;

6. Provide sufficient, accurate information about the postal service for users of postal services;

7. Listed in point of service catalog item, the goods cannot be delivered, accepted, shipping via the postal network provided for in article 12 of this law and the regulations on conditions of providing postal services of the business;

8. Ensure the safety, security of supply and the use of postal services as defined in article 13 and article 14 of this law;

9. Be responsible before the law when knowingly accepting the post office sent in violation to the provisions in paragraphs 1, 2 and 3 article 7 and article 12 of this law;

10. do not disclose information about use of the postal services of the organization or individual, except where the provisions of article 14 of this law;

11. do not offer the postal service violated regulations on the scope of the postal services reserved in any form;

12. Remuneration, reasonable expenses when on behalf of users of postal services implement export and import procedure to send international postal service as defined in article 15 of this law;

13. Perform services change recipient address, full name, withdraw the post office to send, forward, move the post completed the send as defined in paragraph 2 and paragraph 3 article 16, paragraph 2 and paragraph 3 article 17 of this law;

14. Complaints, disputes, damages under the provisions of this law and the provisions of relevant laws.

Article 30. The rights and obligations of users of postal services postal service users have the following rights and duties: 1. Be offered business postal services provide complete, accurate information about the postal service that I use;

2. ensure the safety and security of information;

3. Complain about the postal service used;

4. Compensation for damages under the provisions of the law;

5. Write the correct name, the address of the sender and the recipient;

6. Provide information about the post office sent;

7. Be responsible before the law about the post office sent;

8. implementation of the regulations on safety and security for the post office to send;

9. payment the postal service charges enough that I use, unless exempted, reduced tariffs under the provisions of the law or the parties have agreed otherwise;

10. Paying for reasonable cost, when businesses make the export and import procedure to send post cards;

11. Create favourable conditions for business postcards sent to his address or mailbox installation at a convenient location for the post office to send;

12. Compensation for business provides postal services as defined in article 42 of this law.

Chapter VI PUBLIC POSTAL ACTIVITIES article 31. The principle of public utility postal activities 1. Ensure the provision of postal services essential to society with the quality as the national technical regulation on postal rates and match people's payment capability.

2. Descending according to the roadmap in support of the State in the provision of public postal services.

Article 32. Provide public postal service 1. The State supports the provision of postal services public utility through the scope of postal services and other support mechanisms.

2. The Prime Minister designate postal business of the State to manage the public postal network and to make the provision of postal services, public interest according to the mission, the plan that the State Affairs.

3. supply business public postal service prescribed in clause 2 of this made the provision of postal services, including mail service address is received, the unit weight up to 2 kilograms (kg) with varying tariffs in accordance with the law.

4. The scope of postal service dedicated descending based on postal development situation in each period as specified in paragraph 2 to article 44 of this law.

Article 33. Rights and obligations of enterprises providing public postal service in addition to the rights and obligations stipulated in article 29 of this law, enterprises supplying public postal service also have the following rights and duties: 1. public postal network set in nationwide to provide postal services within the country and internationally; Installing public mail to accept basic mail;

2. Ensure the provision of postal services, public interest and make other public interest tasks assigned by the State according to the category, range, prices, national technical regulation by the competent State agency decision;

3. building, the State Agency has the authority to assess the postal service charges due to State regulation;

4. Inspection, repair, maintenance, protection of works in the public postal network;

5. Use specialized transportation goes, to, do in the municipality to provide public postal service according to the priority rules of the State Agency of the local authorities;

6. Do not use the revenue from postal services reserved to subsidize the losses due to the provision of competitive services under the price;


7. private tracking the public postal service, the postal service is dedicated and results reporting provides this service with the Ministry of information and communications;

8. The manufacture, supply Vietnam postal stamps;

9. Effective use of the public postal network to business financial services, savings, money transfer, press release and other services prescribed by law;

10. don't refuse to provide public postal service when the user made the request about the use of the service.

Article 34. Public postal network 1. Public postal network was built and developed under the master plan is the competent State agencies for approval. The service points of the public postal network is at the train station, bus station, sea port, air port, gate, residential areas and other public places to serve the needs of the user.

2. Base development planning public postal network and planning, land use plan has been approved, the provincial people's Committee, the central city in the Land Fund for the layout of buildings in the public postal network to cater for the provision and use of public postal services.

3. When the new urban construction, residential, condominiums, office buildings, the owner is responsible for: a convenient location) to the specified business supplying public postal service mail system installation in residential, urban focus;

b) installation of centralized mailboxes in condominiums, office buildings.

4. In urban, residential, condominiums, office buildings were put into use before this Act in force but no public mail, mailbox, management unit is responsible for: a convenient location) to the specified business supplying public postal service mail system installed in the public area , a residential area of focus;

b) arranged venue and organization to the postal service users in condominiums, office buildings make the installation of centralized mailboxes.

Chapter VII POSTAGE STAMPS Article 35. Vietnam postal stamps 1. The Ministry of information and communications is the only agency decided to release the post Vietnam stamp.

2. Vietnam postal Stamps must show: a) the words "Vietnam";

b) the words "post office";

c) Reviews in on the stamps (if any) Vietnam Dong.

3. Themes and designs of postage stamps was not Vietnam has the the contents, pictures, symbols, signs, instigate enmity between peoples, ethnic groups, religions; insurgents the State of the Socialist Republic of Vietnam; not consistent with social ethics, with customs of Vietnam.

4. Postage stamps of Vietnam number Vietnam and join the coding system of the World Postal Union.

5. Vietnam postage stamps and related documents must be stored in accordance with the law on archives.

Article 36. Used postage stamps to prepay postage services rates 1. Vietnam postal stamps used to pay before the postal service rates in domestic and international postal services from Vietnam goes the country.

2. foreign postage stamps may not be used to prepay the postal service rates in domestic and international postal services from Vietnam goes the country.

Article 37. Used postage stamps to collectors, business 1. Organizations, individual business, Vietnam postal stamp collection and foreign postage stamps, except in the case specified in paragraph 3 of this article.

2. The import of foreign postage stamps are made according to the regulations of the competent State agencies of Government.

3. organizations and individuals, not business, Exchange, display, propaganda, these types of stamps: a) fake postage stamps;

b) postage stamps with content, images, symbols, signs, instigate enmity between peoples, ethnic groups, religions; insurgents the State of the Socialist Republic of Vietnam; not consistent with social ethics, with customs of Vietnam;

c) postage stamps already decided withdrawal of competent State agencies;

d) foreign postage stamps have the content and the origin do not fit under the notice of the postal authorities of the Member States of the World Postal Union and stamp collector associations.

Chapter VIII DISPUTES and COMPENSATION for DAMAGE in the SUPPLY and USE of the POSTAL SERVICE to article 38. Complaints in the supply and use of postal services 1. Users of postal services, the business provides postal services have the right to complain to protect the rights and legitimate interests.

2. The claims specified in clause 1 of this article must be made in writing. Time limits complaints are defined as follows: a) 6 months from the date of the end of the whole process of time the sending post office to complain about the loss of the post office to send the postal delivery, send slow compared to the time the entire process has been announced; the business case does not publish the whole process time, the time is counted from the day following the day the post office sent it is accepted;

b) 1 month, since the post office was sent to the recipient with respect to a complaint about the post office sent were rocking, damaged, about prices and other contents are related directly to the post office to send.

3. The time limit for complaint resolution is provided as follows: a) not more than 2 months from the date of receiving complaints for domestic postal services;

b) not more than 3 months from the date of receiving complaints for international postal services.

4. Within the time limit prescribed in paragraph 3 of this article, the party receiving the complaint to settle the complaint and inform the complaining party; the case too the time limit prescribed in paragraph 3 of this article that the party claims do not receive a message reply or do not agree with the outcome of complaints a complaint shall have the right to request dispute resolution.

5. where the complaint is not made within the time limit specified in paragraph 2 of this Article the request dispute resolution has no value.

Article 39. Dispute resolution in the supply and use of postal services 1. The resolution of the dispute in the supply and use of postal services is done through the following form: a) negotiated between the parties;

b) conciliation;

c) settled in arbitration or the courts.

2. The resolution of the dispute in the supply and use of postal services in arbitration or court shall be made in accordance with the law.

Article 40. The principle of compensation for damage in the supply and use of postal services 1. The compensation of the damage in the case of the post office to send were lost, damaged, or is the entire swap is determined according to the limit of liability in damages for the whole of that service.

2. The compensation of the damage in the case of the post office to send were lost, damaged, or swap a portion to be determined on the basis of actual damage, but no higher than the limit of liability in damages the entire for that service, unless the parties have agreed otherwise.

3. Compensation for damages is Vietnam Dong, the payment is made once, unless the parties have agreed otherwise.

4. no compensation for indirect damage or source not obtained due to the postal service does not guarantee the quality of postal services that business has announced.

5. The level of compensation by enterprises providing postal services announced and applied, but not lower than the compensation levels by the competent State Agency regulations.

Article 41. Liability in damages of the business provides postal services 1. The business provides postal services is responsible for damages to the user when the postal service does not guarantee the quality of postal services that business has announced or breach of contract has committed, except where the provisions of paragraph 4 of this Article.

2. where part of the damage caused by the use of the postal service violated the contract has entrusted the business then was long responsible for damages corresponding to the extent of the damage caused by the use of postal services.

3. Compensation for damages are charged to the sender, unless agreed otherwise between the enterprises of postal service and supply the sender; the case of the post office sent is damaged, take the part that recipients agree to pick up the rest, the compensation money was paid to the recipient.

4. Unless the parties have agreed otherwise, the business provides postal services is not compensation in the following cases: a) damage occurs entirely due to breach of contract of the error using the postal service or by natural features, inherent defects of the material contained in the postage to send it;

b) Who use postal services do not prove to be the sending and rocking, damaged the post office sent;

c) Postage and recipient have been sent no comments upon the post office sent;

d) post office send seized or destroyed under the provisions of the law of Vietnam or the law of the receiving country;

DD) Who use postal services do not comply the regulations on complaints, dispute resolution provisions in Article 38 and article 39 of this law;

e) cases of force majeure as defined by the law.

Article 42. Liability in damages of the postal service users 1. Postal service user must compensation for business provides postal services and related parties under the provisions of the law when sending goods, items not specified in article 12 or send postal mail to send don't be wrapped, encased under the provisions of article 11 paragraph 1 d of this law.

2. Unless the parties have agreed otherwise, the postal service users are not compensation in the following cases: a) the damage caused by the enterprise providing the postal service violated the contract concluding;

b) the post office sent was accepted right in contract agreement;

c) Enterprise provides the postal service does not implement the rule on the complaint, the dispute resolution provisions in Article 38 and article 39 of this law.

Chapter IX RESPONSIBLE GOVERNANCE Of The POSTAL OPERATIONS


43 things. Responsible for the governance of the postal activities 1. The unified Government to manage state on the postal activity within the country.

2. The Ministry of information and communications is responsible before the Government implement state management of postal operations.

3. Ministries, ministerial-level agencies in the scope of its powers, duties performed in State management of postal activities under the Government's assignment.

4. the people's committees of provinces and cities under central State management implementation of postal activities under the decentralization of Government.

Article 44. The responsibility of the Ministry of information and communication 1. The Government issued specific regulations about the conditions, forms of investment, commercial activities in the provision of postal services; conditions, jurisdiction, procedures, modifications, additions, the postal license again, confirmation text message activity; compensation for damage in the supply and use of postal services; postage stamps; sanctioning administrative violations in the postal operations.

2. The Prime Minister issued decision on listing public postal service, the support mechanisms for public postal service, the postal network to serve the party, the State, the management of the postal service rates, the descending route and the time ends the scope of postal services reserved.

3. Specific provisions on national postal codes; on mark; the post office cannot be sent; forward, moved the post office to send complete; the case does not need the postal license, a confirmation text message activity; statistical reports in postal operations; complaints in the supply and use of postal services; the quality of the postal service.

4. The decision to list the postal service, the postal service charges utilities after the reunification with the Finance Ministry.

5. Coordination with the Finance Ministry regulations on the export, import of the post office to send; the post processing send unclaimed; free, reduced tariffs and postal service organizations make exemptions; list building postal services must implement subscription price.

6. In collaboration with the Ministry of industry and trade regulations on promotional activities instructions and solving competition in the provision of postal services.

7. In collaboration with the Ministry of construction regulations regarding installation of public mail, mailbox in urban, residential, condominiums, office buildings.

8. In collaboration with the Ministry of public security regulations in principle, the conditions for suspension, suspension from transportation, post and send, check, the post processor to send the request and provides information on the use of postal services; about postal security service network.

9. In collaboration with the Department of Defense regulation on postal service of network defense.

10. In coordination with the ministries concerned guidelines on handling the contraband, prohibited sent via mail.

11. In collaboration with the provincial people's Committee, the central cities to guide planning and approval procedures, the process of planning the public postal network.

Chapter X TERMS Enacted 45. Effect 1. This Act has effect from January 1, 2011.

2. The postal regulations of Ordinance, no. 43/2002/PL-UBTVQH10 expired from the day this law is in effect.

3. the postal license granted before the date this law in force was continued until the end of the time limit stated in the licence granted.

Article 46. Detailing and guiding the implementation of government regulations and detailed guidelines for implementing the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.

This law was the National Assembly of the Socialist Republic of Vietnam XII, session 7 through 17 June, 2010