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The Decree 157/2004/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Ordinance On Telecommunications, Postal

Original Language Title: Nghị định 157/2004/NĐ-CP: Quy định chi tiết thi hành một số điều của Pháp lệnh Bưu chính, Viễn thông về bưu chính

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

Postal Ordinance base, telecomunication on 25 May 2002;

According to the recommendation of the Minister of posts and telecommunications, the DECREE: chapter I GENERAL PROVISIONS article 1. The scope of application of this Decree detailing implementation of some articles of the postal and Telecommunications Ordinance (hereafter called the Ordinance) on postage applies to organizations, individual Vietnam; organizations, foreign individuals are active in the postal sector in Vietnam.

Article 2. Postal security and information security 1. Protect postal security and information security is the responsibility of every organization, individual.

2. business, Vietnam postal service business mail delivery are responsible for applying security measures include secure postage for letters, postcards, parcels and for employees; safety for the public postal network and delivery network.

People who use services are responsible for compliance with the provisions of the laws and regulations of Vietnam's business and postal service business mail delivery postal service safety and information security.

3. Vietnam postal, business mail delivery service is responsible for coordinating, supporting, facilitating the competent State agencies to conduct professional supervision measures ensuring information security. The competent State agencies when performing the above-mentioned tasks should facilitate business to ensure quality of service.

Article 3. Secret private information 1. Private information regarding mail, airmail, parcels are secret.

2. The opening, check mail, airmail, parcels are only made in the following cases: a) parcels (except mail), the parcel was opened to handle, wrap package back when damaged, the sheath was torn;

b) mail, airmail, parcels get processed as specified;

c) parcels (except mail), all international parcels business open to present the competent State agencies when the business on behalf of the person using the service to do the export and import procedures as specified in article 4 of this Decree.

3. The police, seized the mail, parcels, the parcel is only done when there is a decision of the competent State agencies as prescribed by law.

Article 4. Implementation of export and import procedures for mail, parcels, parcel 1. Mail, parcels, parcel when export, import must be made of the culture, customs, quarantine and other formalities depending on content within and must be filed with enough taxes, charges and fees as prescribed by the law.

2. business, Vietnam postal service business mail delivery was on behalf of the person using the service perform the procedures outlined in paragraph 1 of this article and are collecting from people who use the services of a sum of money charged for this service.

3. The use of the service is obliged to refund the taxes, fees and charges that Vietnam postal or enterprise business mail delivery services have filed on their behalf for the customs or competent bodies.

 

Chapter II NETWORK and POSTAL SERVICE Item 1 article 5 public postal Network. The construction and development of the public postal network 1. Public postal network covering the focal center, post offices, point of service, public mail box are connected with each other by the shipping line and play.

2. public postal Network was built and developed under the strategy and planning, postal development plan has to be competent State agencies for approval. 

3. The focal center, post offices, point of service, a public priority mail box located at the station, bus station, sea port, air port, gate, residential areas and other public locations to serve the needs of the user.

4. When set up and approval of the planning, the overall design of the local, urban, residential areas, industrial zones, export processing zones, the new economic zones and other public works, bodies, institutions are responsible for taking the building ground for works in the public postal network to match the postal development plan convenient for the provision and use of the universal postal service.

The owner of the construction works has the responsibility to coordinate with Vietnam postal process in design and construction to ensure consistency in construction investment.

Article 6. Operation of the public postal network 1. Public postal network must be maintained on all operational work. The collectors and to the recipient address must be made a minimum of one (1) working day with the exception of the special geographical conditions. Opening hours of the minimum service of postal transactions at the center of the province, the central cities of eight (8) hours per work day, score served four (4) hours per work day.

2. Postal and telecommunications Ministry decided to close, open the postal exchange of postal packages, bags, parcels with foreign (foreign post offices, postal border). Vietnam postal decide to close, open the postal service points, the other in the public postal network.

3. Postal Service points, trading must have signage, listed opening hours. Prices, quality targets and the information related to postal services must be offered publicly in postal transactions, point of service.

4. Date of postal service points are used to determine the time and location of the postal service provided Vietnam. Prohibiting the use of the wrong date stamp with the time and location to provide service.

5. public mail box colors and logos of the Vietnam postal mail on the barrel must be uniform throughout the public postal network. On the box must have the information about the time and the number of collectors of the day.

6. Means of transport of Vietnam postal specialist must have colors, logos and priority when the ferry, the pontoon bridge and take first priority, to, do in the municipality under the provisions of the law.

7. postal packages, Bags, parcels are on road transport are not open to inspection. The case of the decision of the competent State agencies, the opening to check bags, wrapped parcels, the parcel was done at post offices. Open procedure to check the bag, wrapped parcels, the parcel must be done in accordance with the law.

Section 2 article 7 specialized postal Network. Specialized postal network 1. Specialized postal network is organized to serve the needs of the Agency, the State Democratic Party.

The Organization, functioning and serving object of above mentioned specialized postal network by the Ministry of posts and telecommunications regulations.

2. The armed forces held the postal network dedicated to serving the needs of private information.

Organization and operations of the postal network specialized in the armed forces by the competent State Agency regulations.

3. Activities of the postal network professional must ensure the following principles: a) the postal network may not be used for business purposes;

b) the connection between the specialized postal network with each other and with the public postal network is made on the basis of the contract or agreement. Vietnam postal priority responsible mining, transporting and applying measures to ensure absolute safety for bags, packages of specialized postal network.  

Category 3 postal services article 8. Certificate sent airmail, parcels


Airmail, parcels only get posted when it contains no prohibited items submitted as prescribed. Parcels, the parcel must meet the requirements on size, wrap and pack the other conditions (if submitted); have the full name and address of the sender, recipients and pay the prescribed charge enough, except Vietnam and postal service users agreed. 

Article 9. Developed parcels, parcel 1. The message has the volume to 500 grams in the universal postal service to be delivered to the recipient address. With regard to other parcels, Mailer, depending on the ability of the postal service, Vietnam can play organization to the recipient address or delivered to recipients at post offices or service points. 

2. Every organization or individual has a responsibility to create the conditions to play Vietnam postal parcels, the parcel to the recipient address. Address: the address of the recipient of the items on the parcel the parcel, the recipient's mailbox, the recipient's subscriber mailbox (located in post offices, point of service). Encourage the installation of the mailbox at the convenient place for the message.

3. The owner of the construction works or a management unit buildings including apartments, condominiums, commercial area, area Office (there are 5 independent address) must be installed in the mailbox at the convenient and safe location to facilitate Vietnam postal service. The Ministry of posts and telecommunications in collaboration with the Ministry of construction regulations regarding the installation of centralized mailboxes listed in this clause.

Article 10. Airmail, parcels receiving 1. Airmail, parcels were considered ridiculous admitted if in one of the following cases: a) the recipient and sender from denying return;  

b) playing for the recipient and does not refund to the sender after the time limit of 12 months from the date of sending.

The 12-month period mentioned above do not apply to the case of the goods in airmail, Perishable parcels, causing loss of hygiene, environmental pollution or specified in point a of this paragraph.

2. The processing of airmail, parcels get to do a Board made. The Board's composition, sequence, procedure for handling airmail, parcels received by Ministry of posts and telecommunications and the Ministry of finance regulations.

Chapter III PROVIDES the PUBLIC POSTAL SERVICE to article 11. Public postal services 1. Public postal service including the universal postal service and the postal service is required, are the essential services for the society by the State guarantee provided under the standard, quality, pricing, because State regulators have the authority to rule.

2. Postal and telecommunications Ministry the Prime specific decisions about the kind of public postal services. On the basis of the decision of the Prime Minister, the post and telecommunications Ministry in coordination with the Ministry of planning and investment, Ministry of finance and the relevant authority specifies the mechanisms, measures and implementation to provide public postal service through the order for the Vietnam postal in each stage.

Article 12. Implementation of the obligation to provide public postal services 1. Vietnam postal business is responsible to perform the duty to provide public postal service. In case of need, the post and telecommunications Ministry to propose the Prime Minister decide to request the business mail delivery service to perform the task of public utility and financial mechanism to accomplish this task. 

2. state postal support Vietnam in fulfilling the obligation to provide public postal services through: a) postal services reserved: Vietnam postal service provider is accepted, shipping and mail with varying volume and prices by the Ministry of posts and telecommunications decided; 

b) preferential credit to grow, tax incentives and other incentives under the provisions of the law.

3. In case the above support mechanisms do not exist to provide public postal service, the postal service responsible Vietnam plans the Ministry of posts and telecommunications. The Ministry of posts and telecommunications, in collaboration with the relevant agencies in the evaluation process of the Prime Minister to consider the subsidies, subsidies to make the obligation to provide postal services postal Vietnam's public interest under the provisions of the law.

4. Vietnam postal must separate accounting for the public postal service to implement the mechanism of offset from other sources of support.

Chapter IV article 13 POSTAGE STAMPS. Issuing postage stamps 1. The Ministry of posts and telecommunications is the only agency issued postage stamps bearing the words '' Vietnam ''.

2. Postage stamps are issued on the basis of annual themes and programs are made according to the regulations of the Ministry of posts and telecommunications.

3. Postage stamps must apply the standard of Vietnam about postage stamps.

Article 14. Print postage stamps 1. Printing postage stamps must ensure security according to the regulations of the State.

2. Print the picture postage stamps on the publications must use form stamps (postage stamps are in the word specimen), postage stamps have marked cancel, postage stamps have crossed in the corner or cancelled postage stamps were printed on the stamp price destroyed bricks.

3. Postal and telecommunications Ministry regulations specifically about printing postage stamps.

Article 15. The price printed on the stamps and postal stamp price 1. The price printed on the face of postage stamps by the post and telecommunications Ministry to decide.

2. Vietnam postal are in accordance with the rules on the selling price of postage stamps to the provisions in paragraph 3 article 21 Ordinance, except postage stamps have marked Cancel.

Article 16. Family, suspended, banned the circulation of 1. Postage stamps suspended when printing or suspended when released if there are serious flaws. The family of the suspension, postage stamps by the post office, telecommunications decisions.

2. Every organization and individual are not allowed in business, storing or collecting postage stamps have been suspended, the suspension of circulation, postage stamps have unhealthy content, Excite, cause enmity between peoples, as opposed to pure Maple, United States of America.

3. Revocation of the inventory, postage stamps were suspended, suspended or banned circulation must be done according to the regulations of the Ministry of posts and telecommunications.

Article 17. Processed postage stamps released expiry 1. Expiry of release, the number of postage stamps left on the public postal network are recovered, inventory and discard according to the regulations of the Ministry of posts and telecommunications.

2. After the deadline issue, postage stamps still valuable payment rates in the postal services and used for the purpose of collecting stamps.

Chapter V the PARTIES PROVIDING and USING the SERVICES, POSTAL Items OPERATING CONDITIONS 1 Vietnam postal Article 18. Organization and operations of the Vietnam post 1. Vietnam postal was the only State enterprise of postal service, perform business functions according to the provisions of the law and public utility missions according to the strategy, planning, postal development plans of the State and other public utility missions sudden demand of competent State agencies.

2. Vietnam postal international transaction name is VIETNAM POST and is the only business that used the phrase "post Vietnam".

Article 19. Set the public postal network and provide the services 1. Vietnam post is obliged to set up a public postal network throughout the country according to the master plan has been approved to provide public postal services and other services.

2. Vietnam postal service is responsible for reporting to the Ministry of posts and telecommunications on the use of the public postal network to business financial services, savings, money transfer, press release and the other services mentioned in point g item 2 Article 23 of the Ordinance.


3. Vietnam postal has an obligation to create the conditions for business to business mail delivery services are connected to the public postal network on a contract basis.

Article 20. Providing postal service postal international Vietnam's active participation business provides international postal service, other services within the framework of the international treaties of the World Postal Union and the other international treaties in the postal sector which Vietnam signed , joined. Vietnam postal service is responsible for implementation of the relevant provisions as required by the Universal Postal Union and postal and telecommunications Ministry.

Section 2 business article 21 mail delivery services. Business conditions mail delivery services 1. Businesses of all economic sectors are eligible referred to in paragraph 2, paragraph 3 of this article are the mail delivery services business after State authorities have issued permits. Business is business mail delivery service is outside the scope of the postal reserved services referred to in point a of paragraph 2 article 12 of this Decree.

The message is the information exchange as text is packed, sealed, single the weight not exceeding two kilograms (2 kg) and have the recipient address. The general indications of where the recipient is also considered the recipient address.

2. The conditions to be granted a business license in mail delivery services in the country: a) Is the business is established and functioning according to the law of Vietnam, excluding businesses invested abroad; 

b) Have viable business plans, economic efficiency, bring benefits to society;

c) Have a minimum of 5 years experience in the field of postal or courier;

d) measures are necessary conditions, ensure the safety and security of information;

DD) good business results Achieved for cases to test the provided services at the request of the Ministry of posts and telecommunications.

3. conditions to be granted a business license for international mail delivery services: in addition to meeting the conditions referred to in points b, d, DD, paragraph 2 of this article, personal organizer, when trading in international mail delivery services, also must meet the following conditions: a) Is the business is established and functioning according to the law of Vietnam , except 100% foreign-owned businesses. The Prime Minister decides the rate of capital of foreign parties in the venture business to business mail delivery service on the basis of the proposal of the Ministry of posts and telecommunications and the Ministry of planning and investment;

b) Has an agreement with a foreign partner to mail delivery abroad, receiving mail from overseas in Vietnam;

c) Have a minimum of 5 years experience in the field of international postal, Courier International.

4. Postal and telecommunications Ministry decided the case to test the service before the license the mail delivery service business.

Article 22. The authority and the business licensing rules mail delivery services 1. The Ministry of posts and telecommunications issued, modified, supplemented, renew and revoke the postal license types specified in clause 1 Article 28 Ordinance.

2. The licensee must adhere to the following principles: a) fit with strategy, planning, postal development plan has been the competent State agencies;

b) prioritize the project permission to provide services in remote areas.

Article 23. Records and licensing procedures 1. Proposed licensing records include: a) form of business license;

b) certified copy of business registration certificate;

c) chartered organization and operation of enterprises;

d) project to provide the service;

DD) service quality standards; rates; model contract and use of the services or vouchers, invoices; principles and compensation;

e) reported test results (for cases that require testing).

2. Postal and telecommunications Ministry made to grant or refuse to grant a licence within a period not exceeding 60 days from the date of receipt of a valid application. In case of rejection, the post and telecommunications Ministry must have text explaining the reason.

Article 24. Modifications, additions, new licensing 1. Business mail delivery service to suggest amendments and supplements the licence when there is a change of the content of the license has been granted.

Records suggest that the additional license to modify, include: a) the modified application, additional licenses;

b) report describes in detail the contents of additional amendments in the license;

c) other related documents.

2. Before the expiry of the 6 month license, businesses want to continue business mail delivery service to the new licensing procedures. Records suggest that the new license includes: a) new license application;

b) report results;

c) project to provide the service in the next stage;

d) other related documents.

3. Postal and telecommunications Ministry made the allow or deny amendments, additions, new license within a period not exceeding 30 days from receipt of valid records.

Article 25. Revocation of license 1. The licence granted shall be revoked in the following cases: a) the proposal of business to be licensed;

b) After the time limit one (1) year from the date of license, businesses do not deploy on the fact the content recorded in the business license or stop providing the service during one year without reasons;

c) recovery other cases prescribed by law.

2. Business license revoked in the cases specified in point b, point c in paragraph 1 of this article does not apply to license back within a period of two (2) years from the date of the revocation decision telecommunication postal. After the time limit of two (2) years, if the business wants to continue providing the service must do for the new license.      

Category 3 postal service agents, mail delivery service to article 26. Conditions of the postal service agents, mail delivery services 1. The Organization, individuals of all economic agents for Vietnam, the postal agent for business mail delivery service must sign a contract with Vietnam postal agent or business mail delivery service.

2. The contract postal service agents, mail delivery service agent must be expressed in the form of text with the following principal contents: a) the name, address of the parties;

b) form of the agent;

c) Agency services, the quality and service charges;

d the Commission agent);

DD) rights, obligations of the parties;

e) validity period of the contract.

Article 27. What conditions do mail delivery service agent for foreign delivery organizations 1. Vietnam postal business, licensed business courier service for international mail was mail delivery service agent for foreign delivery organization in scope were allowed and must register with the Ministry of posts and telecommunications. Getting mail delivery agents for foreign delivery organization to perform on a contract basis. This agent contract must be made in writing.

2. Postal and telecommunications Ministry regulations on job agent for foreign delivery organizations.

Item 4 contracts of supply and use of services Article 28. The contract offer and using the service 1. The provision and use of the service is done on a contract basis.

2. The contract offer and use the postal service be done by text or specific behavior. The contract provides and uses the services of mail delivery of enterprise business mail delivery service must be made in writing.   

3. Postage stamps, send coupons, vouchers, invoices are valid evidence showing the contracts between the Enterprise Services application and is the basis for defining the rights and obligations of the parties in the contract. 


4. send Voucher, vouchers, invoices, contract template must use the Vietnamese language.

Article 29. Rights and obligations of the business service providers 1. Business service providers have the right to: a) require the sender to check the content of the parcels, the parcel if airmail, parcels that contain articles, goods;

b) refuse to provide the service when the user of the service in violation of postal legislation.

2. service provider business is obliged to: a) provides full information about the service for users of the service;

b) ensure safe for mail, airmail, parcels from receipt to send to be played;

c) on behalf of the person using the service perform the export and import procedures for mail, airmail, international parcels as defined in article 4 of this Decree;

d) parcel parcel forwarding when the recipient has changed address, unless the sender has different requirements;

DD) complete Transfer airmail, parcels to pay back to the sender when playing for the recipient, unless the sender has different requirements;

e) receiving and resolving complaints about the service of the person using the service;

g) in damages to the person using the services in accordance with the law.

Article 30. Rights and obligations of the person using the service 1. The person using the service include the sender and recipient.

The sender is held, the individual named in the sender address on letters, parcels, parcel.

The recipient's organization, the individual named in the recipient part on letters, parcels, parcel.

2. service users have the right to: a) required to give full information about the service;

b) are guaranteed private information confidential and safe for mail, airmail, parcels;

c) modified the name, sender address, the recipient or withdraw the parcel parcel parcel parcel when no valid to recipients;

d) required to resolve complaints and disputes about the service used;

DD) in damages under the provisions of the law.

3. The use of the service is obliged to: a) responsible before the law for the content of messages, postcards, parcels;

b) full payment service charges that he used;

c) in compliance with the provisions on prohibition of sending, send the condition and other conditions about receipt of mail delivery, postal mail, parcels;

d) compensation for the damage if the damage occurs because of an error.

Section 5 of the standard, the quality of services article 31. Standards, the quality of the postal service, mail delivery services 1. The Ministry of posts and telecommunications issued standard of quality universal postal service includes the compulsory standards apply according to the criteria for the ability to use the service, all the time, safety, responsibility and the time limit for processing complaints, restitution and other appropriate requirements.

Vietnam postal must apply the standard of postal services reserved by the Ministry of posts and telecommunications regulations.

2. enterprises to provide services to publish the standard of quality postal service, mail delivery service in accordance with the law, except for the universal postal service referred to in paragraph 1 of this article. This quality standard has minimum criteria of safety, all the time, responsibility and the time limit for complaint resolution, compensation.

Item 7 service charges 32 Things. Postal service rates, mail delivery services 1. The Prime Minister decided to mail service rates in the range of basic postal services (regular mail) in the water intake to 20 grams.

2. Postal and telecommunications Ministry decided public postal service rates of interest after the opinion of the Ministry of finance, the postal service and private mail delivery service rates.

3. business, Vietnam postal service business mail delivery rates in the decision of the postal service, mail delivery service, excluding the services mentioned in paragraph 1 and paragraph 2 of this Article.

4. Postal and telecommunications Ministry regulations specifically on the case do not collect money using the postal service, mail delivery service.

Item 7 report 33. Report of the business enterprise service providers service providers are obliged to report the post and telecommunications Ministry about the business activities of his cooperation, and irregularly according to the regulations of the Ministry of posts and telecommunications.

Chapter VI COMPLAINTS, DISPUTES and COMPENSATION for DAMAGE in DELIVERY, USE the SERVICES category 1 complaints and disputes Article 34. Complaints and resolve the complaint between the business service providers and service users 1. People who use services have the right to complain about the flaws of business in providing postal services, mail delivery service.

2. The complainant can complain directly or send a text to provide business services. The business case of receiving the written complaint must then inform the complainant about the complaints received within two (2) working days from the receipt of this complaint.

3. The complainant must provide the relevant evidence, papers and is responsible for the content of its complaint.

4. Time limits complaints on mail, parcels, domestic and international parcels is six (6) months, from the day after the date sent.

5. The time limit for complaints between users of the service and the business service providers: a) for mail service, postcards, parcels in water is two (2) months from the date of receipt of the complaint;

b) for mail service, airmail, international parcel three (3) months from the date of receipt of the complaint.

6. When the time limit complaints referred to in point a, point b paragraph 5 of this article, the business provides services to settle compensation for people who use the service according to the rules on compensation in section 2 Chapter VI of this Decree.

Article 35. Dispute resolution any dispute arising from the use of the services and the provision of postal services, the message must first be settled by negotiation between the parties. In the absence of agreement, the parties are violated has the right to request the competent authority, the organization protecting the rights of consumers settle or sue under the provisions of the law.

Section 2 Article 36 compensation. Corporate liability 1. When damage occurs to the mail, airmail, parcels, enterprises providing services has responsibility for compensation for the use of the service except in the case of exemption from liability provided for in paragraph 2 of this Article.

2. Business service providers have no liability in damages for letters, postcards, parcels in the following cases: a) was played as prescribed or agreed upon in the contract;

b) damage or loss caused by the fault of the person who posted or due to its natural characteristics;

c) Be competent State agencies confiscated or destroyed by the inner content in violation of these regulations prohibit sending;

d) seized under the laws of the receiving country and the country has been notified in writing;

DD) packaging that the sender did not use enough certainly to protect goods in transit;

e) unforeseen circumstances;

g) no sender confirmation certificate from sending mail, parcels, parcel.

Article 37. Sender's liability 1. The sender is liable for compensation of the damage caused to the damaged party when sending these banned sent in postal, parcel.

2. sender's liability in those cases mentioned in paragraph 1 of this article does not exceed the limit of liability of the business service providers in the same case.

Article 38. Principles of compensation


1. The compensation of the business service providers on the basis of actual damages, to the extent of the damage is calculated according to the market price for the goods, items of the same type at the location and time of that parcel the parcel which is accepted but does not exceed the limit of liability for compensation of each type of prescribed services except where the parties have agreed otherwise.

2. business, Vietnam postal service business mail delivery are self regulating the limit of liability of compensation but not lower the limit of liability for compensation by the Ministry of posts and telecommunications regulations.

3. Compensation is paid in money Vietnam.

4. Compensation is paid to the sender. The case of letters, parcels, parcel damaged, the loss of a part that recipients agree to receive the compensation money was paid to the recipient.

5. business, Vietnam postal service business mail delivery not indirect damages or other resources not obtained due to the service providers do not guarantee the quality of the cause.

6. The compensation for airmail, international parcels are made according to the provisions of international treaties to which Vietnam participates.

Chapter VII ENFORCEMENT PROVISIONS Article 39. Effect of the Decree the Decree has effect after 15 days from the date The report. The previous provisions contrary to this Decree are repealed.

Article 40. Transitional provisions within a period of one (1) year from the date of this Decree in force: 1. active business provides postal services according to the provisions of the Decree 109/1997/ND-CP dated 12 November 1997 the Government postal and telecommunications is responsible for completing the procedure suggested The main post office Telecommunications business license mail delivery service in accordance with the Ordinances and decrees.

2. enterprises are established and operate in accordance with the law of Vietnam is providing courier service vouchers, documents or other text information in the concept of the letter referred to in paragraph 1 to article 21 of this Decree are responsible for completing the procedure suggested The main post office Telecommunications business license mail delivery service or recommend the Ministry of planning and investment to modify, complement the investment license under the provisions of the law.

3. Enterprises are making dealers mail delivery service for foreign delivery organizations are responsible for registering the agent activity with the postal and telecommunications Ministry.

Article 41. Responsible for enforcing the Decree the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.