Circular No. 08/2008/TT-BTTTT dated December 23, 2008 of the Ministry of Information and Communication guiding a number of articles of the Government’s Decree No. 128/2007/ND-CP of August 2, 2007, on delivery services

CIRCULAR

GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENTS DECREE NO. 128/2007/ND-CP OF AUGUST 2, 2007, ON DELIVERY SERVICES

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;

Pursuant to the Governments Decree No. 128/2007/ND-CP of August 2, 2007, on delivery services;

Pursuant to the Governments Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication;

The Ministry of Information and Communication guides a number of contents of the Governments Decree No. 128/2007/ND-CP of August 2, 2007, on delivery services (below referred to as the Decree) as follows:

1. Measures for safety and security assurance in delivery services specified in Clause 3, Article 9 of the Decree include:

a/ Measures for assuring the confidentiality of private information of service users.

b/ Measures for assuring the integrity of information in the form of documents, merchandise packages or packs consigned through delivery networks.

c/ Measures for assuring the safety of delivery equipment, means of transport and networks.

d/ Measures for assuring the safety of individuals and organizations participating in delivery activities.

e/ Measures for coordinating with competent state agencies in preventing, detecting and handling violations in delivery services; preventing acts of taking advantage of delivery networks to infringe upon national security, social order and safety or to commit smuggling or other illegal acts.

2. Private information specified in Clause 1, Article 10 of the Decree includes:

a/ Contents of information in the form of documents, merchandise packages or packs.

b/ Information on full names, addresses and telephone numbers (if any) of consignors and consignees.

c/ Other information relating to the use of delivery services.

3. Dossiers of notification of delivery service business (below referred to as notification dossiers) mentioned in Clause 2, Article 13 of Decree are specified as follows:

a/ A notification dossier comprises:

- A written notification on delivery service business.

- A valid copy of the delivery service business registration certificate or certificate of investment in the delivery service.

- A model contract on service provision and use.

- A table of charge rates, quality standards and liability limits for damage compensation in case of damage.

b/ A notification dossier specified at Point a of this Clause shall be made in 01 original,

c/ Places of receipt of notification dossiers:

- Provincial-level Information and Communication Services, for dossiers of notification of intra-provincial delivery service business.

- The Ministry of Information and Communication, 18 Nguyen Du, Hanoi, for dossiers of notification of inter-provincial, national or international delivery service business.

4. Procedures for certification of notification of delivery service business mentioned in Article 14 of the Decree are specified as follows:

a/ Examination of the notification dossier, covering:

- Examination of the adequacy and consistency of contents of the notification dossier as required at Point a. Clause 3 of this Circular.

- Examination of the enterprises legal person status through its business registration certificate or investment certificate.

- Examination of the conformity of contents of the notification dossier with legal provisions.

- In case a notification dossier is invalid, the competent state agency defined at Point c, Clause 3 of this Circular shall send a written request for its amendment or supplementation within 10 working days after the date of receipt of the notification dossier.

b/ Certification of the notification of delivery service business:

Competent state agencies defined at Point c, Clause 3 of this Circular shall issue a certificate of notification of delivery service business and send it to delivery service enterprises within 10 working days after the receipt of a valid notification dossier.

5. Dossiers of application for mail delivery service licenses (below referred to as license application dossiers) mentioned in Clause 1, Article 16 of the Decree are specified as follows:

a/ A license application dossier comprises:

- The application for a mail delivery service license.

- A valid copy of the delivery service registration certificate or certificate of investment in the delivery service.

- The enterprises organization and operation charter, if any.

- A plan on mail delivery service business, covering the following principal contents:

+ Information on the enterprise: Name, address, telephone number and fax number of its transaction offices, representative offices and branches; its website and e-mail (if any) and other relevant information.

+ The expected location for service provision.

+ The system of service management and administration.

+ The process of service exploitation: the process of mail collection, sorting, transportation and delivery; methods of service provision (by the enterprise itself or in collaboration with other enterprises).

+ Measures for assuring safety and security in mail delivery services.

+ Analysis of the business plans feasibility and socio-economic benefits based on such criteria as mail volume, turnover, costs, number of laborers, taxes remitted into budgets, and rate of investment capital recovery in subsequent three years.

- A model contract on service provision and use.

- A table of charge rates, service quality standards and liability limits for damage compensation in case of damage.

- Documents evidencing that the enterprises lawful representative has at least one years experience of working in the post and delivery sector.

- The written agreement with foreign partners on the delivery of mails to and receipt of mails from foreign countries for delivery in Vietnam (in case of application for an international delivery license).

b/ A license application dossier specified at Point a of this Clause shall be made in 04 sets, including one original and three copies.

c/ Places of receipt of license application dossiers:

- Provincial-level Information and Communication Services, for dossiers of application for licenses for intra-provincial mail delivery services.

The Ministry of Information and Communication, 18 Nguyen Du, Hanoi, for dossiers of application for licenses for inter-provincial, national or international mail delivery services.

6. Dossiers of and procedures for examination of license application dossiers and grant of mail delivery service licenses (below referred to as licenses) mentioned in Clause 4, Article 16 of the Decree are specified as follows:

a/ Conditions for examination of license application dossiers:

- The dossier has a sufficient number of copies with all documents as prescribed at Points a and b, Clause 5 of this Circular.

- The dossier is fully and consistently filled in.

- If the license application dossier is improper, competent state agencies defined at Point c, Clause 5 of this Circular shall send a written request for its amendment or supplementation.

b/ Procedures for examination of license application dossiers:

- Examination of the enterprises legal person status through its business registration certificate or investment certificate.

- Examination of measures for assuring safety and security in mail delivery services.

- Examination of professional processes in the provision of mail delivery services.

- Examination of the charge rate table, quality standards and compensation levels in case of damage.

- Examination of the feasibility of the business plan through such criteria as economic efficiency, job creation, levels of contribution to the State and other benefits.

c/ Grounds for the grant of licenses:

- Conformity of the license application dossier with the planning and orientations on the development of the post and delivery market.

- Feasibility of the business plan and availability of measures for assuring information safety and security.

- Conformity of quality standards, charge rates, compensation levels in case of damage and model contract on service provision and use with legal provisions.

- The maximum validity duration of a granted license is 10 years, which shall be determined on the basis of:

+ The scope and scale of service provision.

+ The enterprises request.

d/ Grant of mail delivery service licenses:

- Within 30 working days after the receipt of a complete and valid dossier, competent state agencies defined at Point c, Clause 5 of this Circular shall examine the dossier and grant a license.

- In case of refusal to grant a license, competent state agencies defined at Point c, Clause 5 of this Circular shall issue a written reply within the above-said time limit.

7. The withdrawal of licenses mentioned in Article 18 of the Decree is specified as follows:

a/ Competent state agencies defined at Point c, Clause 5 of this Circular shall withdraw granted licenses in the cases specified in Article 18 of the Decree.

b/ An enterprise shall terminate service provision on the effective date of the decisionon the withdrawal of its license.

c/ Within 30 working days after the effective date of the decision on the withdrawal of its license, an enterprise shall liquidate all contracts on service provision and use already signed with service users.

d/ Past the two-year time limit after the effective date of the decision on the withdrawal of its license, if an enterprise wishes to continue providing mail delivery services, it shall carry out procedures to apply for a new license as prescribed in Clause 5 of this Circular.

8. Language in contracts on delivery service provision and use mentioned in Clause 4, Article 19 of the Decree is specified as follows:

Contracts must be expressed in Vietnamese. When another language is used in a contract, interests and obligations of involved parties shall be determined on the basis of the Vietnamese version.

9. Effect of the Circular:

This Circular takes effect 15 days after its publication in CONG BAO.

10. Organization of implementation:

Any difficulties and problems arising in the course of implementation should be promptly reported to the Ministry of Information and Communication for consideration and settlement.