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The Decree 109/1997/nd-Cp: Regarding Postal And Telecommunications

Original Language Title: Nghị định 109/1997/NĐ-CP: Về Bưu chính và Viễn thông

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GOVERNMENT DECREE On postal and telecommunications GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Proposal of the General Director of postal Bureau, the DECREE: chapter I GENERAL RULES article 1.
1. Postal, Telecom is technical economy in the infrastructure of the economy and is the contact information of the State of the Socialist Republic of Vietnam.
2. the postal network, public telecommunications is the means of communication of national, must be protected, no one is infringing.
Protect postal and telecommunications network is the responsibility of the State bodies, organizations, social organizations, people's armed units and all citizens. The people's Committee of the levels have a responsibility to protect the system in the local contact information.
Article 2. This decree to regulate the relations of post office telecommunications in order to enhance effective governance, develop fast and effectively mining network of postal services and telecommunications, to satisfy the needs of communication of the whole society.
All activities of the postal, telecommunications and postal-related, telecommunications organizations, individuals and organizations, Vietnam foreign individuals in Vietnam must comply with this Decree.
In the case of international treaties on telecommunications, which the Socialist Republic of Vietnam signed or otherwise with this Decree the international treaties shall apply.
The establishment and operations of the postal network, specialized telecommunications of the Ministry of Defense, Ministry of Interior and the relationship between this network with the postal networks, public telecommunications due to the Prime Minister.  
Article 3.
1. Secrets and postal and telecommunication safety is guaranteed by the Constitution and laws of the Socialist Republic of Vietnam.
Prohibit the following acts: a) sabotage or obstruct the operation of postal network, public telecommunications and postal networks, specialized telecommunications;
b) provided and use the postal service, telecommunications aimed against the State of the Socialist Republic of Vietnam; cause security disorder; violation of ethics, customs; activities of smuggling and other illegal activities;
c) appropriating, cancel, open, peeling, revealing the content exchanged parcels, parcel, mobile text of others;
d) eavesdropping, theft of telecommunication signals collection;
e) disclose the name, address of the organization or individual to use the postal service, telecommunications except telecommunications Subscriber Agreement parties to post your name and address on the listing of telecommunications.
2. Controlling the operation of networks and postal services, telecommunications, check, control, seizing parcels, parcel, the writer of the Organization, the individual must be competent State agencies conducted as required by the law.
3. Postal Administration in coordination with the Ministry of the Interior and related agencies to guide the implementation of measures to ensure national security, social order and safety in telecommunications, secret, secure network and postal services, telecommunications.
Article 4. Organizations and individuals and organizations, Vietnam foreign individuals are using the postal service, telecommunications.
Every organization and individual are obliged to obey the law when using the postal service, telecommunications.
No one is preventing lawful use of postal services and telecommunications.
The business provides postal and telecommunication services are the right to refuse service if the user violates the postal legislation, telecommunications.
Article 5. The unified Government in State management of telecommunications, postal.
The postal administration is Government agencies perform management functions of State for post and telecommunications within the country.
Ministries, ministerial agencies, government agencies and people's committees of the levels in the range of functions, duties and powers, in collaboration with the General Directorate of post Office performs management functions of State for post and telecommunications.
Article 6. Unity Government price controls, cost and charges, Telecom.
General Director of postal Bureau announced the price and postal charges, telecommunications as defined by the Government.
Article 7. General Director of postal Bureau decision and announced the closing, open the postal and telecommunications services in the country and with foreign countries including the closing, open the test service and setting up computer information over public telecommunications networks; the decision and announced the closing, open the foreign post offices, postal agencies, check the public coastal stations and specialized.
 
CHAPTER II of POSTAL ITEMS POSTAL NETWORKS i. PUBLIC article 8. Public postal network covering the technical center, mining, shipping and postal operator, the postal system, mail, point of service, agents are held in the country.
Public postal network was organized and developed according to plan, the plan, and according to the norms, standards, technical regulations, the unified extraction rules by the competent State agencies issued to provide the postal services for the whole society.
Article 9.
1. public postal network must operate continuously, including holidays and Sundays.
The relevant departments to coordinate and create the necessary conditions to the public postal network operates smoothly, continuously.
2. General Directorate of postal service opening hours rules of the post type. The post offices are listed on the opening hour to serve users of postal services.
SECTION II. POSTAL SERVICES i. TYPES of SERVICES article 10.-the postal service is service delivery, transfer, message playback, press, publications, articles, money, goods and other physical products through the public postal network by offering businesses postal services provided.
Article 11. Postal services include: 1. postal services;
2. service of parcels up to 31.5 kg;
3. Parcel Service on 31.5 kg (heavy parcels);
4. press release service and periodical publications;
5. postal financial services.
The postal service is provided, use under the terms of the postal service.
Postal Administration issued the regulations of postal services.
 
II. The POSTAL SERVICES, parcels, PRESS RELEASE article 12. Airmail, parcels in the authority of the sender when not yet played for the recipient or the person who received the authorization, except in the case of seized or destroyed under the provisions of the law.
The sender is responsible before the law about news content, articles, goods, publications sent in parcels, the parcel.
Article 13.
1. the mailer includes: letters, post cards, publications, school for the blind and small packets.
Parcels are send, transfer, according to the terms of airmail.
2. The letter is a letter written, copy or print the content of the information between the sender and the recipient.
The message is put in the envelope, sealed and guaranteed confidentiality under the provisions of the Constitution.
The sender and the recipient may be individual or organization.
3. Parcels is the event of the goods, materials and products.
Parcels are send, transfer, according to the terms of the parcel.
Article 14.
1. Prohibits the sending of parcels, parcel: a) in water: publications, articles, goods which the State banned circulation, circulation; or explosive substances, incendiary, dangerous or unsanitary, pollute the environment;
b) Go abroad and from abroad to Vietnam: publications, articles, goods which the Socialist Republic of Vietnam banned exports, imports or water getting banned; smuggling of goods; or explosive substances, incendiary, dangerous or unsanitary, pollute the environment.
2. The types of precious metals, precious stones or products made from precious metals, gems are only sent in parcels, parcel opened reviews.

Money and cheques worth as money was only sent by money transfer services.
3. taxable goods must have a certificate from the tax already paid under the provisions of the law.
Article 15. Postal (excluding letters and postcards), parcel sent from Vietnam to go abroad and from abroad to Vietnam must pass inspection by the competent State agencies as prescribed by law.
The relevant State bodies responsible for the organisation, procedures for export and import parcels, parcel.
Article 16.
1. organizations and individuals, to do the service of transportation by cars, aircraft, trains, ships are responsible for shipping priority mail, parcel, press on all transportation according to the contract signed with the business provides postal services.
2. Vehicle and transport operators have the responsibility to assure the parcels, parcel, press in the shipping process.
In the case of vehicles having the airmail, parcels, newspapers reported the accident or damage in transit, media owners and transport operators are held to protect and save quick escape bags, postal packages, parcels, newspapers. The Government must create conditions in order to protect the Pocket, wrapped parcels, parcel, press it.
3. On the means of public transport, the bag, wrapped parcels, parcel, the press was to in trailers, closet. In the case of private wagons, closet, media owners must arrange to mail packages, bags, parcels, newspapers, against passengers or goods.
4. The means of transport of passengers or goods originating from Vietnam or the Vietnam to transit countries have postal relations with the Socialist Republic of Vietnam to transport airmail, parcels, the newspaper of Vietnam under the transport administration.
5. enterprises to provide postal services be held specialized transport forces.
Specialized transportation to paint color and print the post icon.
6. specialized transportation public transportation have airmail, parcels, newspapers by road is priority: a) via ferry, bridge or ramp traffic problems;
b) control before, if the appropriate control of the means of transport on the road;
c) Go, come, parked in the postal delivery point of the municipality to deliver airmail packages, bags, parcels, newspapers.
Article 17. All spaces open to examine the bags, postal packages, parcels in transit, except in the special case of national security emergency by the Minister of the Interior and the General Director of the Bureau of the post Office regulations.
Article 18. Diplomatic mail bags shipping is done according to the international treaties to which the Socialist Republic of Vietnam signed or joined.
Article 19. Organizations and individuals as a service delivers the message from Vietnam abroad and from abroad to Vietnam, except for businesses providing postal services.
Article 20. In case of emergency and national security disaster, Chairman of the provincial people's Committee, central cities are requisitioning the vehicles to transport dispatch, orders and other emergency documents.
Article 21. Airmail, parcels, newspapers are in: 1. the address of the recipient;
2. Post offices;
3. Subscriber mailboxes.
The General Department of post Office regulations the parcels, parcel, press in the other cases.
Article 22. Airmail, parcels cannot be for the recipient or the person who received the authorization nor refund to the sender or the person who has the right to receive, then after the time limit of 12 months from the date of sending is considered airmail, parcels received.
Article 23. General Director of postal Bureau and Minister of finance regulation form handling airmail, parcels receiving based on the following principles: 1. Publications, papers or articles need to research or storage is allocated to the agency or organization concerned. Papers, other publications are kept at the place of processing for six months, then be destroyed;
2. The goods are priced and sold. Money selling goods are sent to the temporary accounts deposited at the Bank. Within a period of 6 months from the date sent into account, if there is sufficient evidence, the person has the right to get back the sales amount after deducting the reasonable costs. So the time limit on, money selling goods to be filed to the State budget.
The artefact, totally damaged goods be destroyed;
3. The processing of airmail, parcels received by a resolution of the Council and established thereon.
III. The POSTAL FINANCIAL SERVICES article 24. Postal financial services include: 1. Transfer of funds;
2. the Postal Cheque;
3. Payment via postage;
4. Collect and pay;
5. The Services service.
Article 25. The business provides postal service offered the postal financial services under the conditions specified by law and must have a license to operate by the State management agency specialization level.
Article 26. Deposit, payment through postal financial services in authority of the gưỉ until paid or payment, except in cases prescribed by the confiscation laws.
Article 27. Deposit, payment through postal financial services is not paid or not paid are the recipient or recipients authorize nor refund the sender or the person who has the right to enjoy, then after 12 months from the date of sending is considered infinite money admitted.
Article 28. Acknowledgment is sent money to accounts temporarily posted at the Bank. Within a period of 6 months from the date sent into account, if there is sufficient evidence, who are entitled to be reimbursed.
So the time limit on, admitted money was filed on the State budget. 
SECTION III: POSTAGE STAMPS Article 29. Postage stamps are special use as means of payment, delivery charges are used as stamps.
The postal administration is the only agency issued postage stamps Vietnam.
Article 30. The issuance of postage stamps are subject to the following provisions: 1. construction program subject postage stamps for 5 years and every year.
General Director of postal Bureau decided the program topical postage stamps.
The issuance of postage stamps to celebrate the holidays, the major events in the country must be unanimous by the competent State agencies;
2. Approval of stamps: stamp form designed to be Consultative Council by the General Directorate of post offices established evaluation.
General Director of postal Bureau based on the opinions of the Council to approve the stamp;
3. Print the stamps: General Director of postal Bureau decided to print stamps, including the number in and where in. ..
Stamps can be printed at home or abroad, to ensure safe and effective economy;
4. release the stamps: postage stamps is only valid for use after the notice released by the General Department of post office.
The special issue postage stamps are engraved anniversary and has released the first day envelope.
Article 31. Selling price of postage stamps to pay postage fee is the price printed on the stamp.
In case of need more money to support the Social Fund for humanitarian reasons, they must be of Prime and must release the type of postal stamps in an extra amount.
Article 32. General Director of the Bureau of post office stamp business rules play in the water and play with foreign stamps business, regulating the export and import of Vietnam postal stamp postage stamps.
Article 33. Postage stamps are protected and stored in accordance with the law.
 
CHAPTER III Section I TELECOMMUNICATIONS TELECOMMUNICATIONS PUBLIC NETWORK.

Article 34. Public telecommunications network includes backbone system Telecom (switching system, InterCity and international transmission), the Cabinet system, local, serving the points system and the Terminal system.
Public telecommunications networks are organised and developed according to plan, the plan and managed exploitation according to the norms, standards, technical regulations, uniform extraction by the competent State agencies issued or allowed for applying to telecommunications services supplied for the whole society.
State Organization and management system of national telecommunications backbone.
Article 35. Public telecommunications network must be a continuous activity throughout the day and night, in all situations.
Article 36. Operation of public telecommunications networks is not harmful to the environment and the economic and social activities. The economic and social activities is not affecting the operation of the public telecommunications network, especially not cause harmful interference, damage the line, cable, antenna systems and telecommunications equipment.
Any breach must be dealt with according to law.
Section 2. TELECOMMUNICATIONS SERVICES Article 37. Telecommunications services is tv service bringing, storing and providing information in the form of transmission, broadcasting, currency symbols, signals, data, text, sound, image through public telecommunications networks by enterprises to provide telecommunications service provider.
Article 38. Telecommunications services include: 1. Telephone Service;
2. Telegraph service;
3. Telex service;
4. Facimile service (Faximin);
5. data communication services;
6. rental service of telecommunication channels;
7. television services, tv camera;
8. electronic communications services;
9. multimedia services (Multi Media);
10. mobile services;
11. instant messaging services;
12. The Internet service;
13. The hosting services and provide information.
The telecommunication service is provided, under the terms of use of telecommunications services.
Postal Administration issued the regulations for telecommunications services.
Article 39. The Organization, individuals have the right to subscribe to telecommunications in his address or use telecommunications services at the postal service points under the terms of the telecommunications service.
Users of telecommunications services are served throughout the day and night, including holidays and Sundays. Business case telecommunications service providers serving at the request of the user, the user must know the reason.
The use of telecommunication services is responsible before the law for the content of information when using telecommunications services.
Telecom subscribers who do not use the device for subscribers to telecommunications services business.
Article 40. The design, installation of equipment or telecommunication subscriber networks can by the Subscriber himself took charge of the Organization, hire or other personal responsibility, must comply with the technical processes, of the State.
The connection from the subscriber address on public telecommunications networks by enterprises to provide telecommunications services done.
Article 41.
1. General Director of postal Bureau decided the close, open the contact line Intercity telecommunication in the country and abroad in the system of national telecommunications backbone; mandate the hiring and rental of telecommunication channel in the system on.
2. The business telecommunications service provider is used to channel the system's national telecommunications backbone to provide telecommunications services as defined by the General Department of post office.
3. The bodies, organizations that have specialized telecommunications network was hired to internal communications.
Article 42. The management, set, supply and use of network, Internet service in Vietnam are made according to the temporary regulation on management, Setup, using the Internet in Vietnam, attached to Decree No. 21/CP dated 5 March 1997 of Government and decision No. 136/TTg dated 5, 1997 by the Prime Minister. On the establishment of the National Coordination Committee of the Internet in Vietnam.
43 things. Telecommunications services are subdivided into priority levels differing service under the target time to any organisation or individual use.
General Director of postal Bureau regulating the level of priority.
Article 44. The following types of information are now serving priority: 1. Prevention of hurricanes, fires, other natural disasters;
2. First aid and disease prevention for the people;
3. emergency information about defense and security;
4. rescue, rescue information when aircraft, ships in jeopardy, forestry;
5. other urgent public interest information.
In the case of emergency, General Director of postal Bureau decided to mobilize a part or the whole of the telecommunication network, including specialized and public, to serve the needs of this emergency.
Article 45. The following objects are serving priority when using the telecommunications services: 1. State and party leader, Minister, Chairman of the provincial people's Committee or equivalent;
2. The head of State, head of Government of a foreign delegation to Vietnam, heads of diplomatic representative offices, representative offices of international organizations in Vietnam.
Article 46. Telegraphy, telex, fax or other text transmitted by telecommunications services collectively referred to as the cell text.
The Communist Party organ, the State level, the unit of the armed forces, diplomatic missions, foreign representative offices of international organizations enjoying diplomatic rules, used in the message.
Others like to use the suite in your Office to sign up and be the State Agency has the authority to allow.
Article 47. Your text is in: 1. the address of the recipient;
2. Post offices;
3. Through telecommunications Subscriber.
Of the postal Bureau regulating the generator written in those other cases.
Article 48. Your writer will not play was to let the sender know and be kept within 6 months from the date of sending. Yet this time limit, the Office was abolished. 
Category 3. SPECIALIZED TELECOMMUNICATIONS NETWORKS Article 49. Specialized telecommunications network by an agency, an organization, a business set up to use as a means of contact by phone or voice modes in internal organs, organizations, enterprises.
Establishing specialized telecommunications network in the territory of Vietnam under the provisions of this Decree.
The Foreign Ministry was setting up specialized telecommunications network to communicate with the diplomatic missions of the Socialist Republic of Vietnam abroad.
General Director of postal Bureau regulating the establishment and operation of the radio station radio information of the Agency, foreign organizations in Vietnam.
Article 50. Agencies, organizations, businesses want to set up specialized telecommunications networks must ensure the following conditions: 1. the purpose of use is clear;
2. structure and network design, method and scope of activity, there are indicators, specifications of the network, of the device.
Of the postal Bureau regulating the reception of the request, verifies records and licensed to set up the network.
Specialized telecommunications network active only after the permission of the General Directorate of post office.
Article 51. Agencies, organizations, businesses are allowed to set up specialized telecommunications networks must ensure the following requirements: 1. the correct operation of the laws and regulations of the license;
2. do not use the telecommunication network business to the public telecommunications services;
3. no interference or influence the operation of the public telecommunications network and other specialized networks;
4. do not connect directly to lứơi other specialized telecommunications network.

Article 52. The telecommunication network connections used on the public telecommunications network must ensure the following conditions: 1. the network's technical standards and appropriate equipment to the public telecommunications network;
2. Make the right connection rules, roaming and exploitation.
Article 53. Specialized telecommunications network must operate in accordance with the provisions of this Decree and the other provisions of the law; the check and control of the General Post Office and the competent State bodies.
 
CHAPTER IV RADIO FREQUENCY SPECTRUM and RADIO BROADCAST EQUIPMENT section I MANAGE FREQUENCY and RADIO BROADCAST EQUIPMENT Article 54. Radio frequency spectrum, the geostationary satellite orbit in the Vịêt sovereignty is the nation's resources, must be exploited, use lawful and effective.
The broadcast equipment in the frequency range from 9KHz to 400GHz to use the correct frequency already businesses or assign according to national frequency planning.
National frequency planning by the General Directorate of post office building of the Prime Minister for approval.
Article 55. Organizations, domestic and foreign individuals in Vietnam (except the Defense Ministry and the Interior Ministry have separate rules) would like to install, use, stockpile of radio electric equipment on the territory of Vietnam (including on the means of transport) and radio frequency use in the fixed service Mobile, radio, television, aviation, maritime, every Director, positioning, satellite, broadcast and other profession must ask permission Of the postal Bureau and installed only, use, stockpile when the license.
When changing frequency, frequency, power, move the radio broadcast equipment mentioned above must obtain permission of the General Directorate of post office.
Conditions to be granted a license to install, use, stockpile of radio electric equipment: 1. Purpose of use is clear;
2. equipment guarantee the norms, technical standards prescribed by the State;
3. The exploitation of the device have certificate by the competent State bodies.
Article 56. Prohibition: 1. Installation, use, stockpile of radio electric equipment and use radio frequencies without the licence;
2. Export, import of unauthorized radio broadcast equipment;
3. Cause harmful interference;
4. Misuse of the purpose of the emergency frequency, international and national safety.
Article 57. Organizations and individuals in the country and abroad would like to export, the importing of radio electric equipment must be approved by the postal administration.
Article 58. Organizations, domestic and foreign individuals in Vietnam has been licensed to use the broadcast equipment and radio frequency, when the license expired or withdrawn shall report in writing to the General Post Office. If you want to use then please allow renewed according to the provisions of the postal administration.
Article 59. The communication equipment mounted on ships, foreign aircraft out of action when the ship into the Interior of the ship, fly beans down Vietnam's airport. All communications with anywhere follow the law of Vietnam.
The Vietnam's aircraft, ships and water also, on, stay at the port, the airport of Vietnam to comply with the law of Vietnam and is subject to the test of the competent management authority of the State of Vietnam about the types of licenses and certificates related to the use of radio equipment.
The ship, flying ships travel through the territory of Vietnam under the supervision of the General Directorate of post offices on the use of radio frequencies.
Article 60. The Organization, individuals were allowed to use the broadcast equipment and radio frequency must apply the following measures to combat interference: 1. Keep the playback frequency range frequency distortions;
2. Reduce the harmonic radiation level, radiation in the lowest value;
3. Use the method of wide-band broadcast constitute the most narrow;
4. Limit the broadcast in the direction not needed;
5. Use a level low enough to ensure the quality of information.
SECTION II. INTERNATIONAL REGISTRATION of RADIO FREQUENCIES and SATELLITE ORBITS in Article 61. The postal administration is responsible for international registration of radio frequencies for the radio information service industry in the country and register the geostationary satellite orbit.
Article 62. The General Department of post office manages the use of the geostationary satellite orbit in Vietnam, manage the hiring and rental of satellite channels.
Article 63. Organizations, domestic and foreign individuals in Vietnam would like to set up a ground station or use the system via satellite communication equipment must ask permission Of the postal Bureau.
SECTION III MANAGER AMATEUR RADIO FREQUENCIES Article 64. Organization, Vietnam and foreign individuals want to install and use the equipment for amateur radio in the territory of Vietnam must ask permission Of the postal Bureau.
Users of radio equipment must be amateur radio amateur certificate legally; the obligation to comply with the provisions of this Decree and rules of amateur radio.
Postal Administration issued rules of amateur radio.
SECTION IV CONTROL and HANDLING of HARMFUL INTERFERENCE Article 65. The postal administration has the responsibility to: 1. Organization and management systems auditing, control the use of broadcast equipment and radio frequency in the country;
2. Regulatory measures against harmful interference to telecommunications networks, the base transmission signals and radio broadcasting, television, the base currency to another radio broadcast, according to the law of Vietnam and international treaties on information power that the Socialist Republic of Vietnam signed or joined.
Article 66. The use of radio equipment, electric equipment generated Sparks, electrical equipment, electronics, electric arc within the sectors of industry, construction, transport, health, scientific research and other areas have to implementing measures to limit interference according to the regulations of the General Post Office.
Article 67. Organizations and individuals when complaints about harmful interference to have postal administration sending text, which stated the time, location and interference phenomena of interference. The General Department of post processing of harmful interference under the law of Vietnam and international treaties on information power that Vietnam signed or joined.
SECTION v. RADIO FREQUENCY COMMITTEE Article 68. Radio frequency Committee is interdisciplinary organization help Prime: 1. Verify the strategic project, radio frequency planning before the Prime Minister;
2. Propose measures against harmful interference and solutions to secure the radio frequencies between specialized telecommunications network of the Ministry of defence, Ministry of the Interior to the public telecommunications networks and other telecommunications networks, the base transmission signals and radio broadcasting , television;
3. track, urge and supervise the coordination between the Ministry of Defense, Ministry of Interior and the General Directorate of post in controlling the use of frequencies, handling harmful interference, ensuring national security and secure communications.
Article 69. Radio frequency Committee led by General Director of postal Bureau as the Chairman, a Deputy Minister of Defense, a Deputy Minister of the Interior Deputy Chairman and representatives of several ministries by the Prime Minister to decide.
The functions, duties, powers, organization and functioning of radio frequency Committee led by the Prime Minister.
 
Chapter V REVIEWS, POST And TELECOMMUNICATIONS FEES And CHARGES

Article 70. Reviews, postal charges, telecommunications including reviews, postal charges, telecommunications and domestic postal rates, prices, international telecommunications.
All agencies, organizations, individuals using postal services, Telecom must pay the charges according to the current rules.
Fees and charges of postal, telecommunications and radio frequency was enacted and implemented under the provisions of the law.
Article 71.
1. Government regulations framing, standard rate some products and postal services, telecommunications, social, public interest is high.
2. The General Department of post Office regulations framing, standard charges for products and postal services, telecommunications, social public utility outside of the category due to government regulations.
3. postal and telecommunications business to decide the price, the cost of the product, the service of swinging leg due to State regulation; decide the price, the cost of the products, the services which the State not specified.
4. Price, postage, telecommunications charges must be listed in the trading places.
Article 72. The business provides postal and telecommunications service must charge has currency in the following cases: 1. Wrong pricing, according to current rules;
2. Loss, damage, confusion, parcels, post office deposits due to the fault of the business service providers;
3. Does not guarantee the quality of services according to contract signed;
4. Slow the target time for the high-quality service targets specified time;
In addition to service provider business damages under the provisions of this Decree.
Article 73. The Ministry of finance and the General Department of post Office regulations the fees, postal fees, telecommunications and radio frequency, the currency and the organization.
Article 74. Of the postal Bureau regulating prices or the frame price paid between the involved business provides postal services and telecommunications.
The payment is through a contract or other agreement in writing between enterprises.
 
CHAPTER VI COMPLAINTS And COMPENSATION Of DAMAGE To TELECOMMUNICATION SERVICES Section I. Complaints.
Article 75. Users of postal services, Telecom has the right to complain about the flaws of the business in the provision of postal services and telecommunications.
When a complaint, must deliver the papers, evidence related to the complaint and take responsibility for the content of its complaint.
Article 76. Time limits complaints are as follows: 1. for the postal service in the country: not more than 12 months from the date of use of the service;
2. With regard to the telecommunications services in the country: not more than 3 months from the date of use of the service;
3. for the fees: not more than 1 month from the date of payment of the fees;
4. for the postal service, telecommunications international: follow international treaties on telecommunications, which the Socialist Republic of Vietnam has signed or joined.
Except in special cases by the General Director of the Bureau of the post Office regulations, the complaint is not resolved after you run out of time.
Article 77.
1. The basis of received complaints must acknowledge in writing to the complainant within 48 hours from receipt of the complaint.
2. The complaints of people using postal services, Telecom must be investigated, concluding and slow, for not more than 12 months from the date of the complaint against the postal and telecommunications services in the country and 3 months for the postal service, telecommunications international.
3. all claims must be resolved in accordance with the laws and regulations in this Decree. The business provides postal and telecommunications services must inform the result to the complainant.
Article 78. The business provides postal and telecommunications services have the right to complain about the violation of the use of postal services, telecommunications or other violations could affect the operation of the business or cause damage to the business.
Complaints and complaints made under the provisions of the law.
SECTION II. COMPENSATION Article 79. The business provides postal services does not perform or inadequate execution of its obligations in providing postal services to compensation under the provisions of this Decree.
Article 80. The compensation of damage shall be as follows: 1. for the record number of airmail, courier airmail: airmail and by type of compensation step of mass;
2. for parcels from 31.5 kg back down: compensation according to the step of the mass;
3. for parcels, parcel opened price: compensation according to the reviews that people have when sending parcels, parcel.
4. for parcels over 31.5 kg (heavy parcels): compensation under the provisions of the law of carriage of goods;
5. for money in postal financial services: refundable deposit and pay interest as defined in paragraph 2, article 313, the civil code;
6. for airmail, parcels, money international: compensation under the provisions of the international treaties on postage.
In addition, the enterprise must refund the fees already collected compensation and taxes already paid in Vietnam (if available).
Article 81. In the case of compensation for damage of airmail, parcels, enterprises providing postal services only cash compensation by Vietnam.
Article 82. The amount of compensation to be paid to the sender, but if the sender of the request shall be charged to the recipient.
Private parcels, the parcel is damaged or lost part, if the recipient agreed they still play the rest and partial compensation of loss, damage to the recipient.
After the restitution, if the business provides postal services postal verification, parcels, money was valid or is damaged, delayed, mistaken by the omission of the sender, then the people have received the compensation must return the amount of compensation already received.
Article 83. The business provides postal services are exempt from responsibility for damage compensation in the following cases: 1. unforeseen circumstances;
2. sender's fault;
3. send the Animals destroyed due to natural characteristics;
4. Being competent State agencies confiscated airmail, parcels, money as prescribed by law;
5. Packet sent.
Article 84. General Director of postal Bureau detailing the compensation and the level of compensation.
Article 85. If the business telecommunications service provider does not guarantee the quality or just spend the time service has published or agreed in the contract, the business must refund part or all of the charges collected.
 
CHAPTER VII the PRODUCTION, ASSEMBLY and IMPORTING equipment, POSTAL and telecommunications MATERIAL to article 86. Equipment, materials, postage, telecommunications equipment, including specialized material on postal and telecommunications networks and telecommunications networks;
The General Department of post Office regulations the equipment list, postal, telecommunication materials including equipment for the travellers and the entire device.
Article 87. The production, Assembly equipment, postal materials, telecommunications in Vietnam to replace imported goods made according to law and according to the master plan, the postal sector development plan.
The General Department of post office proposes to the competent State agencies regulating these measures encourage organizations and individuals in local and foreign investment in this field.
Article 88. Equipment, postal, telecommunication materials produced or imported for use in the country must be compatible with the postal networks, technology, telecommunications and Vietnam secured the norms, technical standards issued by the State or allow the application.

Of the postal Bureau regulating navigation equipment, postal, telecommunication materials domestic production, imports must pass quality inspection organization and the equipment, the material before being allowed on the market circulation of Vietnam or installed in the postal and telecommunications networks.
 
CHAPTER VIII BUILDING TELECOMMUNICATIONS Article 89. When construction of the postal and telecommunications works (including works in the postal and telecommunications network and the telecommunications network used), the owner of the work to ensure: 1. Investment, proper planning of construction, network development plan approved; procedures, rules, and norms of technical economic specialization of postal, telecommunications;
2. the provisions of the State on construction of infrastructure;
3. Subject to the check post, telecommunications specialist of postal administration;
The postal administration is entitled to suspend or to recommend the State Agency has the authority to suspend the construction, installation or if discovered the breach.
Article 90.
1. enterprises to provide postal services, telecommunications were priorities: a) using space, ground, ground, bottom of the River, the sea floor to the post construction, telecommunications;
b) building lines, floating or submerged cable laid in the House and the street, traffic routes; building antenna systems and other related works in places where necessary fit the welfares of engineering;
c) build the technical center, the postal operator and mining, telecommunications, postal, public phone booths, postal mailboxes in the location match the technical requirements, exploitation and convenient for users in urban, residential areas, industrial zones, export processing zones and in other necessary places;
d) Set the base transaction and tapped at the station, bus station, airports, seaports and other transport hub to serve the needs of the user and delivery bags, postal packages, parcels in the country and with foreign countries.
The design and construction of the postal and telecommunications facility at the junctions in the said works by where it is in charge of the involvement of the business provides postal services and telecommunications.
2. The building of postal buildings, and telecommunications said on being done according to the law and must be permitted by the competent State bodies.
Article 91. Organizations and individuals during construction or repair works to implement the technical regulations on secure postal buildings, telecommunications; not affect the normal operation of the postal and telecommunication buildings were built; not cause interference to other equipment and telecommunication networks.
Article 92. The works in the public telecommunications network only put into operation, the exploit when meet the norms and standards of engineering, network connections.
In the works specialized telecommunications network was put into operation, only exploit when meet the norms and standards in technical design has been a postal administration.
Article 93. Organizations, foreign individuals want to installation of the telecommunication cables in the exclusive economic zone or on the continental shelf of Vietnam Vietnam Prime Minister must be approved.
The postal administration receiving the request, verify and process the Prime Minister reviewed the decision.
 
CHAPTER IX the POSTAL and TELECOMMUNICATIONS BUSINESS Article 94. Postal and telecommunications business is business was established and operates under the provisions of the law in the following areas: 1. providing postal services, telecommunications;
2. production equipment, telecommunications, postal materials;
3. Export, import, supply, telecommunications, postal materials;
4. Consulting, survey, design and construction of postal, Telecom.
Other businesses like to please allow additional business to one or more trades in the above areas must also comply with the provisions of this Decree.
Article 95. The business provides postal and telecommunication services are State enterprises or joint-stock companies in which the State seized the shares dominated or special stock, was the Prime Minister decided to set up or allow the establishment to provide postal services, domestic and international telecommunications as defined in this Decree.
The business provides postal services, telecommunications and network systems must have the appropriate equipment to the development of postal network, public telecommunications, have staff, technical workers and exploited accordingly to the level of technology and the scale of operations.
Article 96. The business provides postal and telecommunications services have rights, obligations under general rules of law and the rights, the following obligations: 1. used equal backbone system Telecom as required by the national postal administration to provide postal services, telecommunications;
2. Allocate, assign appropriate frequencies with radio frequency planning; the network code is assigned according to the plan of the telecommunications networks of the postal administration;
3. Cooperate with foreign countries according to the content and form of the Government by the Prime Minister decided to develop networks and services;
4. Mobilization of capital in accordance with the law;
5. Enjoy the mode of subsidy, subsidies and regulation of the State when performing tasks in production, product supply, to provide postal services, telecommunications, disaster prevention service of the rural, mountainous, island, border and other public interest activities or provide products postal services, telecommunications, according to the State's price policy;
6. Has the obligation to ensure continuous activity network, ensuring the quality and service network;
7. The obligation of priority serves the communication needs of the party apparatus and the State, security, defense, disaster prevention and other public interest activities;
8. Is obliged to perform the swinging leg due to State regulation; Guide and create favorable conditions for the people to use the service;
9. Is obliged to implement the provisions and subject to the control of the competent State bodies in ensuring national security, social order and safety, confidentiality and security of information;
10. Subject to the State's business activities for the postal and telecommunications services in urban areas, densely populated areas and for the postal service, telecommunications have high profits to invest in telecommunications, postal development in rural, mountainous areas, border , Islands.
Article 97. The business provides postal service, Vietnam telecoms want to do agent for foreign organizations to provide postal services, telecommunications in Vietnam must ask permission Of the postal Bureau.
Postal Administration issued the regulation of agents to provide postal services, telecommunications.
Article 98. The business provides postal services, telecommunications, management is subject to the licensing and regulation of the General Directorate of post about networking and provides postal services and telecommunications.
Article 99.
1. Producers, exporters, importers, suppliers of equipment, materials, construction, telecommunications and other businesses please supplement manufacturing and business trades on, then depending on the type of business, established or additional provisions of the law, cooperate with foreign countries under the provisions of the law on foreign investment in Vietnam.
2. In addition to the General conditions as defined by law, manufacturers of equipment, postal, telecommunication materials must have more of the following conditions: a) Has advanced technology, in accordance with the postal sector development planning;

b) products must meet the specifications stipulated by the State;
c) manufacturing, Assembly of equipment for broadcast radio information must obtain permission of the Prime Minister.
 
CHAPTER x. INSPECT and HANDLE breach of article 100. Specialized postal inspectors have duties and powers the Ombudsman institutions, individuals and organizations, foreign individuals in Vietnam about the observance of the law, the postal and telecommunications.
The Government regulates the Organization and activities of the specialized postal inspector.
Article 101. When conducting the inspection, the inspector or inspectors have the right to: 1. Examine the premises of media, postal, telecommunication equipment, radio devices, electric interference sources;
2. Checking the documents, permits, certification relating to the postal and telecommunications activities; the use of broadcast and radio frequency;
3. Suspend, temporarily suspended by the authority or recommendations with the competent State authorities to suspend the activities violate the postal legislation, telecommunications;
4. the administrative sanctions under the authority or recommendations with the competent State agencies handled the breach;
5. Propose measures to handle, overcome the consequences caused by the violation of the law.
Article 102. The Organization, the individual must create conditions for the inspector or inspectors duty; must obey the decisions of the inspector or inspectors.
Article 103. Specialized postal inspectors are law abiding and responsible before the law for their activities.
Article 104.
1. organizations and individuals have the right to complain, report to the competent State agencies the legal violations of postal, telecommunications and radio frequency.
The Agency received complaints, accusations have a responsibility to consider and resolve in accordance with the law.
2. organizations and individuals have the right to complain to the heads of the inspection decision lụân and handling measures of the inspector or inspectors; denouncing violations of the laws of the inspector or inspectors in the course of the inspection.
Article 105. Organizations and individuals violating this Decree shall be processed under the provisions of the law.
 
CHAPTER XI ENFORCEMENT PROVISIONS Article 106. The Decree has effect after 15 days from the date of signing to replace the postal and telecommunication conditions were attached to Decree No. 121/dated 15 August, 1987 of the Council of Ministers (Government).
The previous provisions contrary to this Decree are repealed.
General Director of postal Bureau is responsible for guidance and examine the implementation of this Decree.
Article 107. General Director of postal Bureau, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.