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DECREE
ON
DELIVERY SERVICES
The Government
Pursuant to the
Law on the
Organization of the Government
dated 25 December 2001;
Pursuant to the
Ordinance on Posts
and Telecommunications
dated 25 May 2002;
Having considered the
proposal of the Minister of Posts and Telematics,
Decrees:
CHAPTER I
General Provisions
Article 1
Governing scope
1. This Decree regulates
business activities and use of services of delivering information in the form of written documents and
services of delivering goods parcels and packages in Vietnam, hereinafter referred to as
delivery services.
2. This Decree does not
regulate business activities and use of postal services; logistic services; international multi-mode
transport services; and forwarding services by air, sea, inland waterway, rail or road.
Article 2
Applicability
This Decree applies to
organizations and individuals related to business activities and use of delivery services in Vietnam.
Article 3
Applicability of
international treaties
Where any international
treaty which Vietnam has signed or acceded to contains provisions which are different from this
Decree, the provisions of such international treaty shall prevail.
Article 4
Interpretation
of terms
In this Decree, the
following terms shall be construed as follows:
1.
Delivery services
means the
performance of one phase, a number of phases or all phases of collection, selection and
classification, transportation and delivery by material facilities of
information in the form of written
documents and of goods parcels and packages.
Services of delivering
information in the form of written documents shall include combined delivery services (combined with
electronic means) and services of direct delivery of advertising information (publications with
advertising contents sent to numerous addresses).
2.
Express delivery
means delivery services
with a quick factor in terms of time and a high degree of reliability. Express
delivery shall also include other value added elements such as collection from a sender's address; delivery
in person to the receiver, discovery of current addresses and locations for receipt in person; the
capability of changing the place and address for receipt during transportation; reporting on delivery and
other value added elements.
3.
Information in the
form of written documents
means information
expressed on any material facilities including letters, and
written documents (other than letters).
4.
Letter
means information in the
form of a written document which is packed or sealed, each letter with a weight not
exceeding 2 kilograms and which has an address for receipt. General instructions about the address for
receipt shall also be deemed to constitute an address for receipt.
5.
Enterprise engaged
in delivery services business
means an enterprise
providing delivery services for clients and which is
liable for the services provided. An enterprise engaged in delivery services business may itself
perform, or hire other organizations and individuals to perform, one phase, a number of phases or all
phases of such services.
6.
Exclusive services
means the scope
of services only permitted to be conducted by Vietnam Post, the sole State owned
enterprise for posts established by law in order to ensure the discharge of responsibilities in the
public interest.
Article 5
Exclusive
services of Vietnam Post
1. The exclusive services
of Vietnam Post shall comprise provision of delivery services of information in the form of written
documents with addresses for receipt on the basis of volumes and charges stipulated by the Ministry
of Posts and Telematics from time to time. These exclusive services shall not include provision of
delivery services of books, newspapers, magazines and periodical publications.
2. Other delivery
enterprises shall be permitted to provide delivery services of information in
the form of written documents with
addresses for receipt outside the volumes and charges reserved exclusively for Vietnam Post.
3. The Ministry of Posts
and Telematics shall announce the schedule for opening the delivery services market in compliance with
Vietnam's commitments on delivery services made on Vietnam's accession to the World
Trade Organization (WTO).
Article 6
State management
of delivery services [shall comprise]:
1. Drafting and
promulgating legal instruments, policies and master planning on business and use
of delivery services.
2. Guiding and organizing
implementation of regulations on business activities and use of delivery services.
3. Conducting checks and
inspections, and dealing with breaches during business and use of delivery
services.
Article 7
Authority to
undertake State management of delivery services
1. The Government shall
undertake uniform State management of business activities and use of delivery services on a
nationwide basis.
2. The Ministry of Posts
and Telematics shall be responsible to the Government for presiding over and co-ordinating with
relevant ministries and branches to undertake State management of business activities and use of
delivery services.
3. Ministries, ministerial
equivalent bodies and people's committees of provinces and cities under central authority shall,
within the scope of their respective duties and powers, be responsible for
coordinating with the Ministry of Posts
and Telematics to undertake State management of business activities and use of
delivery services.
4. Departments of Posts
and Telematics shall be the professional bodies assisting people's committees of provinces and cities
under central authority in undertaking the function of State management of business activities and
use of delivery services within their respective localities.
Article 8
Applicability of
procedures for import and export during international delivery services
1. Upon import or export,
information in the form of written documents and goods parcels and packages must be subject to
customs, cultural and quarantine procedures and other procedures stipulated by law.
2. An enterprise engaged
in international delivery services business as the legal representative of service users shall be
permitted to perform the procedures referred to in clause 1 of this article and
to collect a charge for such
service from service users.
3. Service users shall be
obliged to reimburse duties, fees and charges which the enterprise engaged in delivery services business
has paid [on their behalf] to the authorized State body upon performance of the procedures referred
to in clause 1 of this article.
Article 9
Safety and
security in delivery services
1. All organizations and
individuals shall be responsible for ensuring safety and security during
delivery services.
2. Delivery service users
shall be responsible for complying with the law on, and regulations of the enterprise engaged in
delivery services business relating to, safety and security during delivery services.
3. Enterprises engaged in
delivery services business must take measures to ensure safety and security during delivery services.
4. Enterprises engaged in
delivery services business shall be responsible for co-operation and for satisfying requisite
conditions so that authorized State bodies may take professional measures as stipulated by law to
protect national security and to ensure social order and safety.
When any authorized State
body discharges its duty to protect national security and to ensure social order and safety in
accordance with law, it shall facilitate enterprises engaged in delivery
services business to ensure their
business activities and the quality of their services.
Article 10
Ensuring
confidentiality of private information
1. The confidentiality of
private information relating to the use of delivery services shall be
guaranteed.
2. Information in the form
of written documents (excluding letters), and goods parcels and packages shall only be opened and
inspected in the following circumstances:
(a) They may be opened for
the purpose of dealing with them and repacking them when they are damaged or the wrapping is
torn;
(b) They may be opened for
presentation to authorized State bodies on conduct of procedures for import or export in
accordance with clauses 1 and 2 of article 8 of this Decree;
(c) They may be opened for
the purpose of dealing with them in accordance with the joint regulations of the
Ministry of Posts and Telematics and the Ministry of Finance on abandoned items. Information in the
form of written documents, and goods parcels and packages shall be deemed to be abandoned
when there is adequate proof that the receiver refuses receipt and that the sender also
refuses return, or if upon expiry of twelve (12) months from the date of sending the item has not
been delivered to the receiver and is not returnable to the sender.
3. Information in the form
of written documents, and goods parcels and packages shall only be permitted to be examined
and/or seized pursuant to a decision in accordance with law of the authorized State body.
Article 11
Prohibited
sending in delivery services:
1. Publications, articles
or goods the circulation, import or export of which is prohibited by Vietnam;
and publications, articles or
goods the import of which is prohibited by the recipient country.
2. Objects or substances
causing explosion, fire or danger.
3. Objects or substances
causing unhygienic conditions or environmental pollution.
4. Vietnamese currency and
valuable papers with a value in Vietnamese currency.
5. Foreign exchange and
valuable papers with a value in foreign currency.
CHAPTER II
Delivery Services
Business, Issuance of Licences for Mail2
Delivery
Services Business, and Other
Provisions
SECTION I
Delivery Services
Business
Article 12
Enterprises
engaged in delivery services business
1. Enterprises established
under the law of Vietnam shall be permitted to engage in delivery services business when they have a
business registration certificate for delivery services in the case of enterprises with domestic
invested capital or when they have an investment certificate for the delivery sector in Vietnam
in the case of enterprises with foreign invested capital with a ratio of capital contribution by
foreign party(ies) at a maximum of up to 51%.
2. Enterprises with
foreign invested capital with a ratio of capital contribution by foreign
party(ies) over 51% and enterprises with
100% foreign owned capital shall be permitted to engage in delivery services business as from
11 January 2012.
3. Enterprises engaged in
mail delivery services business must have a business licence for mail delivery services issued
by the authorized body specified in article 15 or 17 of this Decree.
Article 13
Notification
of delivery services business activities
1. An enterprise engaged
in delivery services business shall be responsible for notifying its business activities to the
following relevant State authority:
(a) The Department of
Posts and Telematics (in the case of delivery services business only conducted within a
province);
(b) The Ministry of Posts
and Telematics (in other cases).
2. A file for notification
of business activities shall comprise:
(a) Written notification
of delivery services business activities;
(b) Valid copy of the
business registration certificate for delivery services or investment
certificate for the delivery services
business sector in Vietnam;
(c) Standard form of
contract for provision and use of services;
(d) Tariff, quality of
services and limits of liability to pay compensation when loss occurs.
3. An enterprise engaged
in delivery services business shall give notification by way of submitting the file for notification
specified in clause 2 of this article to the relevant authority specified in
clause 1 of this article no later than
thirty (30) days from the first day of provision of the services.
4. Initial notification of
business activities shall be conducted when the enterprise engaged in delivery services business
commences to provide services, and re-notification shall be conducted when the enterprise engaged in
delivery services business changes any item stipulated in clause 2(c) and (d) of this article. The file
and procedures for re-notification shall be the same as the file and procedures for initial notification
specified in clause 2 of this article.
Article 14
Certification of notification of delivery services business activities
1. The relevant State
authority specified in article 13.1 of this Decree shall deliver its
certification in writing to the enterprise
engaged in delivery services business within ten (10) working days from the date of receipt of the
complete file for notification of business activities.
2. Where a file for
notification is incomplete or any item in the notification is incorrect, the
relevant State authority specified in
article 13.1 of this Decree shall provide guidelines to the enterprise engaged
in delivery services business
for amendment or addition within ten (10) working days from the date of receipt of the file for
notification of business activities.
3. During the period of
performance of the procedures for notification of business activities, the enterprise engaged in
delivery services business [shall be permitted] to continue to provide services pursuant to its business
registration certificate for delivery services or its investment certificate in
the delivery sector in
Vietnam.
SECTION II
Issuance of
Business Licences for Mail Delivery Services
Article 15
Conditions
for issuance of business licences for mail delivery services
An enterprise shall be
issued with a business licence for mail delivery services upon satisfaction of
all of the following conditions:
1. Having a business
registration certificate for delivery services or an investment certificate in
the delivery sector in Vietnam
in accordance with the provisions of article 12.1 of this Decree.
2. Having a business plan.
3. Taking measures and
having conditions to guarantee safety and security in delivery services business activities.
4. The legal
representative of the enterprise engaged in delivery services business has at
least one year’s experience in the
postal or delivery sector.
Article 16
Procedures
for issuance of business licences for mail delivery services
1. Any enterprise
satisfying all the conditions specified in article 15 of this Decree shall
submit an application file for
issuance of a business licence for mail delivery services to the relevant State authority specified in
article 17 of this Decree. The file shall comprise:
(a) Application for
issuance of a business licence for mail delivery services;
(b) Valid copy of the
business registration certificate for delivery services or of the investment certificate in the
delivery services business sector in Vietnam;
(c) Business plan;
(d) Standard contract for
provision and use of services;
(dd) Tariff, quality of
services and limits on liability to pay compensation when loss occurs.
2. Where an application
file for issuance of a licence is incomplete or contains incorrect items, the relevant State authority
specified in article 17 of this Decree shall provide guidelines to the
enterprise for amendment or addition
within ten (10) working days from the date of receipt of the application file for issuance of a business
licence.
3. Within a time-limit of
thirty (30) days from the date of receipt of the complete file specified in
clause 1 of this article, the
relevant State authority shall carry out an assessment and issue a licence. In a case of refusal to issue a
licence, the relevant State authority specified in article 17 of this Decree must specify in writing
the reasons therefor within the above-mentioned period.
4. The Ministry of Posts
and Telematics shall issue detailed regulations on conditions, procedures for assessment of files and
issuance of business licences for mail delivery services.
5. Enterprises which are
issued with a business licence for mail delivery services shall be obliged to
pay relevant fees and charges
stipulated by law.
Article 17
Authority to
issue business licences for mail delivery services
1. The Department of Posts
and Telematics shall issue licences in the case of mail delivery services business within its
province.
2. The Ministry of Posts
and Telematics shall issue licences in other cases.
Article 18
Revocation
of business licences for mail delivery services
1. The relevant State
authority specified in article 17 of this Decree shall have the right to revoke
such licence if the enterprise
engaged in mail delivery services business commits a breach in one of the following circumstances:
(a) Failure to ensure
conditions in relation to safety and security during provision of delivery services;
(b) Failure to commence
the provision of services within a time-limit of one year from the date of issuance of the licence;
(c) Other cases of
revocation as stipulated by law.
2. An enterprise engaged
in delivery services business which has had its licence revoked shall not be permitted to apply for
re-issuance of a licence for a period of two years from the date the authorized State body issued the
decision revoking the licence. Upon expiry of the period of two years, if the enterprise wishes to apply
for re-issuance of a licence, it must carry out procedures for application for issuance of a new business
licence.
SECTION III
Other Provisions
Article 19
Form of
execution of contracts for provision and use of services
1. The provision and use
of delivery services shall be implemented on the basis of a written contract or other form of establishing
a relationship as agreed by the parties.
2. Valid remittance
orders, source documents, bills of lading and other documentary forms expressing the relationship between
the enterprise engaged in delivery services business and the service user shall be the basis for
determining the rights and obligations of the contracting parties.
3. The main terms of a
contract for provision and use of delivery services shall comprise:
(a) Contracting parties;
(b) Type of services;
(c) Time, place and method
of provision of services;
(d) Quality, charge rates
and method of payment;
(dd) Rights and
obligations of the parties;
(e) Liability and
penalties for breach of contract.
4. Contracts for
provisions and use of delivery services must be written in Vietnamese.
Article 20
Rights and
obligations of enterprises
1. Enterprise engaged in
delivery services business shall be entitled to:
(a) Request the sender to
check the contents of the information in the form of written documents (except for letters), or
goods parcels and packages which are required to be transferred and delivered;
(b) Refuse to provide
delivery services in respect of information in the form of written documents, goods parcels and packages
which fails to satisfy the requirements and conditions for delivery set out by the enterprise
engaged in delivery services business or which are in breach of the provisions of article 11
of this Decree.
2. Enterprise engaged in
delivery services business shall be obliged to:
(a) Provide users with
full information on services, including quality standards, charge rates, liability to pay
compensation and other relevant information in the following ways: by displaying it at their transaction
place, by directly notifying users, by printing the information in leaflets, by advertising services
and in other ways;
(b) Provide users with
guidelines on the method of packing information in the form of written documents, goods parcels
and packages in order to ensure safety during the process of transfer and delivery;
(c) Publish clear options
for resolution and measures for dealing with cases of failure to deliver;
(d) Ensure quality
standards of delivery services in accordance with the quality standards declared by the
enterprise;
(dd) Ensure safety of
delivery services: protect the safety of information in the form of written documents, goods parcels
and packages, and the safety of staff and of the delivery network;
(e) Ensure security of
delivery services: keeping confidential private information of service users; not opening or conducting
any unauthorized exchange of contents of information in the form of written documents, goods
parcels and packages unless otherwise stipulated by the law or agreed by the two parties;
(g) Receive and resolve
complaints from service users;
(h) Pay compensation to
service users as agreed in the contract for provision and use of services and in accordance with
law;
(i) Pay duties, charges
and fees (if any) on behalf of service users.
Article 21
Rights and
obligations of service users
1. Delivery service users
shall be entitled to:
(a) Require the enterprise
engaged in delivery services business to provide full information on its services;
(b) Be guaranteed the
confidentiality of private information and safety of information in the form of written documents, goods
parcels and packages;
(c) Require the enterprise
engaged in delivery services business to resolve complaints regarding services which the user
has used;
(d) Be paid compensation
as agreed in the contract for provision and use of services and in accordance with law.
2. Delivery service users
shall have the following obligations:
(a) Be legally liable for
the contents of information in the form of written documents, goods parcels and packages;
(b) To comply with the
provisions of the law on prohibition from or restriction on circulation of information in the form of
written documents, goods parcels and packages;
(c) To use their true name
and address when using delivery services and only use the name or address of another person
when the latter so authorizes;
(d) To pay in full the
charges for services used;
(dd) To pay compensation
to a party suffering loss in accordance with law where the loss was due to fault of the service
user.
Article 22
Quality
standards of services
1. An enterprise engaged
in delivery services business shall formulate and declare quality standards of its delivery services.
2. The quality standards
of delivery services shall include at least the following criteria:
(a) Total delivery
duration being the duration calculated from the time of receipt of information
in the form of a written
document, goods parcel or package for sending to the time when such article is delivered to
the address for receipt;
(b) Level of safety being
the level at which information in the form of a written document, goods parcel or package is
delivered to the address for receipt, and preserved intact without any damage or tear;
(c) Time-limit for
resolving complaints;
(d) Liability to pay
compensation.
3. The enterprise engaged
in delivery services business shall be responsible for performing its declared quality standards of
delivery services.
Article 23
Service
charges
1. Charge rates for
delivery services shall be determined by the enterprise engaged in delivery
services business.
2. With respect to
delivery services for information in the form of written documents with
addresses for receipt, enterprises
engaged in delivery services business shall be permitted to determine charge rates other than the
charge rates that the Ministry of Posts and Telematics provides for exclusive services of Vietnam Post.
CHAPTER III
Resolution of
Complains and Disputes, Compensation
SECTION I
Resolution of
Complaints and Disputes
Article 24
Complaints
and resolution of complaints between parties
1. Complainants must
provide relevant papers, source documents and evidence and shall be liable for the contents of their
complaint.
2. The maximum time-limit
for lodging a complaint about domestic and international delivery services shall be six (6) months
from the date on which such item was sent for delivery.
3. Upon expiry of the
time-limit for lodging a complaint as stipulated in clause 2 of this article,
the enterprise engaged in
delivery services business shall not be liable to resolve the complaint.
4. The time-limit for
resolution of a complaint shall be:
(a) Two months from the
date of receipt of the complaint in the case of domestic delivery services;
(b) Three months from the
date of receipt of the complaint in the case of international delivery services.
5. Upon expiry of the
time-limit for resolution of a complaint as stipulated in clause 4 of this
article, the enterprise engaged in
delivery services business must resolve compensation (if loss occurred) payable to the service
user in accordance with the provisions on compensation of Section 2 of Chapter III of this
Decree.
6. Complaints regarding an
administrative decision or administrative breach by an individual an authorized body shall be
resolved in accordance with the law on complaints and denunciations.
Article 25
Resolution
of disputes
Any dispute arising from
the provision and use of delivery services must first be resolved by negotiation between the parties. Where
agreement is unable to be reached, the non-breaching party shall have the right to take legal action
in accordance with law.
SECTION II
Compensation
Article 26
Responsibility of enterprises to pay compensation
1. When loss occurs, the
enterprise engaged in delivery services business shall be liable to pay compensation to the
service user, except in the cases of exemption from liability to pay compensation stipulated in
clause 2 of this article.
2. An enterprise engaged
in delivery services business shall be exempt from liability to pay compensation in the
following cases:
(a) Types of services
which do not have proof of the sending;
(b) [The item] was
delivered in accordance with the agreement in the contract for provision and use of services and the
service user did not make any complaint at the time of receipt;
(c) [The item] was damaged
or lost due to the fault of the service user or because of the natural characteristics of such
information in the form of a written document, goods parcel or package;
(d) [The item] was
confiscated or destroyed in accordance with law;
(dd) [The item] was
confiscated pursuant to the laws of the recipient country and such country provided written notice
thereof (in the case of international delivery);
(e) Cases of
force majeure
as stipulated
by the law.
Article 27
Responsibility of users to pay compensation
1. Service users shall be
liable to pay compensation for loss caused to parties suffering such loss as a result of the sending of
publications, articles or goods the sending of which is prohibited in accordance with the
provisions of article 11 of this Decree.
2. The liability of
service users to pay compensation in the circumstances stipulated in clause 1 of
this article shall not exceed
the limit on the liability of the enterprise engaged in delivery services business to pay
compensation in similar circumstances.
Article 28
Principles
for payment of compensation
1. Enterprises engaged in
delivery services business shall be permitted to make their own rules on the limit on liability to pay
compensation for loss, but the limit shall not be less than that stipulated in
the regulations of the
Ministry of Posts and Telematics.
2. Compensation shall be
paid in Vietnamese currency.
3. Compensation shall be
paid to senders. If information in the form of a written document, goods parcel or package was partially
damaged or lost and the recipient agrees to receive it, compensation may still be paid to the
recipient. The level of compensation shall be determined on the basis of actual loss, calculated on the
basis of the market price of the article or of goods of the same type in the locality in which and at
the time when the article or goods were accepted, but the level of compensation shall not
exceed the level of compensation in a case where a goods parcel or package is completely damaged or
lost.
4. Enterprises engaged in
delivery services business shall not be liable to pay compensation for indirect loss or for loss of
profits arising from provision of services for which quality was not guaranteed.
CHAPTER IV
Reporting,
Inspection, Examination and Dealing with Breaches
Article 29
Reports of
enterprises engaged in delivery services business
1. In the case of delivery
services business within a province, enterprises engaged in delivery services business shall be obliged
to submit annual business operational reports to the Department of Posts and Telematics. In other
cases, enterprises engaged in delivery services business shall be obliged to submit annual business
operational reports to the Ministry of Posts and Telematics.
2. Reports shall be
submitted no later than by 10 January of the following year.
3. Contents of a report
shall comprise the following: number of transaction places; number of complaints and
compensation paid for loss; results of business and production activities. Where necessary, the relevant
State authority specified in clause 1 of this article may request enterprises to submit one-off reports.
Article 30
Inspection
and examination
Organizations and
individuals engaged in activities relating to the business and use of delivery
services in Vietnam shall be subject
to inspection and examination by the Postal, Telecommunications and Information Technology Inspector and
by authorized State bodies in accordance with law.
Article 31
Dealing with
breaches
Any organization or
individual in breach of the law during business activities and use of delivery
services shall be subject to a
penalty for an administrative breach or prosecution for criminal liability in
accordance with law.
CHAPTER V
Implementing
Provisions
Article 32
Effectiveness
1. This Decree shall be of
full force and effect fifteen (15) days from the date of its publication in the Official Gazette.
2. The whole of Sections 2
and 3 of Chapter V and clauses 2 and 3 of article 40 of Chapter VII of Decree 157-2004-ND-CP of
the Government dated 18 August 2004 making detailed regulations for implementation of a number
of articles of the
Ordinance on Posts
and Telecommunications
in relation to posts and
implementing guidelines on the basis of the provisions referred to in this
clause are hereby repealed.
Article 33
Grandfather
clause
1. Enterprises which were
engaged in the business of delivery services before this Decree has effect shall be responsible for
performing the procedures for notification of such delivery services to the relevant State authority
specified in article 13 of this Decree, within a time-limit of three months from the date of effectiveness
of this Decree.
2. Enterprises which were
engaged in the business of mail delivery services before this Decree has effect shall be
responsible for performing procedures to request the relevant State authority
specified in article 17 of this
Decree to issue a business licence for mail delivery services in accordance with the provisions of the Ordinance
on Posts and Telecommunications
and this Decree, within a
timelimit of six months form the
date of effectiveness of this Decree.
Article 34
Responsibility for implementation
Ministers, heads of
ministerial equivalent bodies and Government bodies and chairmen of people's committees of provinces
and cities under central authority shall be responsible for the implementation
of this Decree.
On behalf of the
Government
Prime Minister
NGUYEN TAN DUNG
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