Circular No. 17/2017/TT-BTTTT dated June 23, 2017 of the Ministry of Information and Communications on prescribing a number of contents and measures to implement the Prime Minister’s Decision No. 45/2016/QD-TTg of October 19, 2016, on receipt of dossiers and return of results of settlement of administrative procedures via public postal service

CIRCULAR

Prescribing a number of contents and measures to implement the Prime Minister’s Decision No. 45/2016/QD-TTg of October 19, 2016, on receipt of dossiers and return of results of settlement of administrative procedures via public postal service[1]

Pursuant to the June 17, 2010 Law on Post;

Pursuant to the Government’s Decree No. 17/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

Pursuant to the Prime Minister’s Decision No. 45/2016/QD-TTg of October 19, 2016, on receipt of dossiers and return of results of settlement of administrative procedures via public postal service;

Pursuant to the Prime Minister’s Decision No. 41/2011/QD-TTg of August 3, 2011, on designation of enterprises to maintain and manage the public postal network, and the provision of public postal services and international postal services;

At the proposal of the Director General of the Department of Posts;

The Minister of Information and Communications promulgates the Circular prescribing a number of contents and measures to implement the Prime Minister’s Decision No. 45/2016/QD-TTg of October 19, 2016, on receipt of dossiers and return of results of settlement of administrative procedures via public postal service.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular prescribes a number of contents and measures to implement the Prime Minister’s Decision No. 45/2016/QD-TTg of October 19, 2016, on receipt of dossiers and return of results of settlement of administrative procedures via public postal service (below referred to as Decision No. 45/2016/QD-TTg), including: services; quality of services; provision of services; security and safety in the provision of services; information network connection; archive of documents; reporting; and examination and supervision of service provision.

Article 2.Subjects of application

1. State agencies and competent persons of state agencies settling administrative procedures (below referred to as competent agencies).

2. Organizations and individuals who wish to have administrative procedures settled via public postal service (below referred to as organizations and individuals).

3. The Vietnam Post Corporationand Post Offices of provinces and centrally run cities.

Article 3.Interpretation of terms

In this Circular, the terms below are construed as follows:

1.Service of receipt and sending of dossiers of administrative procedure settlementmeans the receipt of dossiers of administrative procedure settlement (below referred to as dossiers) from organizations and individuals for delivering to competent agencies.

2.Service of delivery of results of settlement of administrative proceduresmeans the receipt of results of settlement of administrative procedures and relevant dossiers (below referred to as results) from competent agencies for delivering to organizations and individuals.

3.Service of receipt and sending of dossiers and delivery of results of settlement of administrative proceduresmeans the receipt of dossiers from organizations and individuals for delivering to competent agencies and receipt of results from competent agencies for delivering to organizations and individuals.

4.Full process of the service of receipt and sending of dossiersmeans the period from the time of receipt of dossiers from organizations or individuals to the time of their delivery to competent agencies.

5.Full process of the service of delivery of resultsmeans the period from the time of receipt of results from competent agencies to the time of their first-time delivery to the recipients.

6.Time limit for settling a complaintmeans the period from the date of receipt of a complaint to the date of notification of settlement results to the complainant.

7.Information network connectionmeans the connection of information systems between competent agencies and the Vietnam Post Corporationto serve the provision of the services of receipt and sending of dossiers and delivery of results.

8.Archived paper documentmeans a document created and kept in written form in the provision of the services of receipt and sending of dossiers and delivery of results.

9.Archived electronic documentmeans a document created and kept in electronic file in the provision of the services of receipt and sending of dossiers and delivery of results.

Chapter II

SPECIFIC PROVISIONS

Article 4.Services of receipt and sending of dossiers and delivery of results

The receipt of dossiers and return of results shall be provided via the following services:

1. The service of receipt and sending of dossiers of administrative procedure settlement.

2. The service of delivery of results of settlement of administrative procedures.

3. The service of receipt and sending of dossiers and delivery of results of settlement of administrative procedures.

Article 5.Service process

1. The service of receipt and sending of dossiers must involve the following stages, unless otherwise agreed upon by the parties:

a/ Checking and comparing documents in a dossier with the list of documents already publicized by competent agencies; guiding representatives of organizations or individuals to supplement documents if the dossier remains incomplete compared with this list;

b/ Making the list of documents (clearly indicating whether they are the originals or copies). The postal officer and the representative of the organization or individual shall sign such list for certification;

c/ Packaging and sealing the dossier;

d/ Collecting charges and fees for settlement of administrative procedures (if any) and granting receipts to organizations and individuals;

dd/ Delivering the dossier to competent agencies;

e/ Checking and comparing the documents in the dossier with the list of documents specified at Point b, Clause 1 of this Article;

g/ Making a written record of receipt and delivery (clearly indicating the originals, copies and other contents). The postal officer and dossier recipient of the competent agency shall sign the record for certification;

h/ Refunding the collected charges and fees for administrative procedure settlement to competent agencies and receiving information on the deadline for the return of results or a written appointment for result receipt for organizations and individuals (if any);

i/ Notifying organizations and individuals of the deadline for the return of results or issuing written appointments for receipt of results to organizations and individuals (if any).

2. The service of delivery of results must involve the following stages, unless otherwise agreed upon by the parties:

a/ Checking and comparing documents in a dossier with the list of documents that competent agencies shall return to organizations and individuals. The postal officer and representative of the organization or individual shall sign the list for delivery and receipt of results; sign in the original book under the authorization of organizations or individuals (if any);

b/ Packaging and sealing results;

c/ Delivering results to organizations and individuals;

d/ Requesting representatives of organizations or individuals to produce one of the following papers: identity card, passport or citizen identity card. In case of delivering the results to the authorized recipient, the authorized recipient is required to produce the letter of authorization together with the above-mentioned paper;

dd/ Checking and comparing documents in a dossier with the list of documents that competent agencies shall return to organizations or individuals; withdrawing papers at the request of competent agencies (if any). The postal officer and representative of the organization or individual shall sign for delivery and receipt of the results. If the to-be-withdrawn papers are lost, regulations of competent agencies shall be complied with;

e/ Collecting charges and fees for settlement of administrative procedures (if any) and granting receipts to organizations and individuals;

g/ Returning withdrawn papers and refunding administrative procedure settlement charges and fees to competent agencies (if any);

h/ In case the delivery fails to be carried out, the postal officer has invited the organization or individual to come and receive the results twice and the first invitation is sent two working days from the second one but the latter fails to appear, the results shall be returned to competent agencies for handling.

3. The service of receipt and sending of dossiers and delivery of results must involve the stages specified in Clause 1 (excluding the issuance of the written appointment for result receipt) and Clause 2 of this Article. The collection of charges and fees for settlement of administrative procedures and grant of receipts to organizations and individuals must comply with regulations of competent agencies.

Article 6.Service quality

1. The quality of services must satisfy the following criteria:

a/ Safety level;

b/ Full process;

c/ The time limit for settling complaints.

2. The Vietnam Post Corporation shall issue and publicize the quality standards of the services under Clause 1 of this Article, Article 7, and Clause 1 of Article 8 (according to the form in the Appendix- not translated), of this Circular.

3. The service quality standards shall be posted on the Vietnam Post Corporation’s website and displayed at noticeable sites in postal service points that provide the services of receipt and sending of dossiers and delivery of results.

Article 7.Safety level and full process

1. Safety level: 100% of dossiers and results shall be delivered to addressees without being tampered with or damaged or having their inside contents being affected, except inforce majeureevents prescribed by law.

2. Full process:

a/ The full process shall be determined under formula J+n (in which J indicates the date of receipt of a dossier from an organization or individual or the date of receipt of results from competent agencies and written in the dossier sending slip; and n indicates the number of working days);

b/ In case of issuing a written appointment for result receipt or notifying the deadline for the return of results to the organization or individual, the full process shall be counted from thereceipt of the dossier from the organization or individual to the timethe latter receives a written appointment for result receipt or is notified of the deadline for the return of results;

c/ In case the results are delivered at postal service points, the full process shall be counted from the receipt of results from competent agencies to the time the organization or individual receives a notice of receipt of results;

d/ In case administrative procedures require the receipt of results in a day, the full process must comply with the agreement between the Vietnam Post Corporation and organization or individual;

dd/ The full process of an intra-provincial scale is prescribed as follows (except inforce majeureevents prescribed by law):

- The maximum J + 1 for the service of receipt and sending of dossiers or of delivery of results within urban districts/towns/rural districts/provincial cities; the maximum J + 2 for cases with written appointments for result receipt.

- The maximum J + 2 for the service of receipt and sending of dossiers or of delivery of results among urban districts/towns/rural districts/provincial cities; the maximum J + 4 for cases with written appointments for result receipt.

e/ The full process of an inter-provincial scale is prescribed as follows (except inforce majeureevents prescribed by law):

- The maximum J + 3 for the service of receipt and sending of dossiers or of delivery of results among special-grade urban centers and urban centers of grade I; the maximum J + 6 for cases with written appointments for result receipt.

- The maximum J + 4 for the service of receipt and sending of dossiers or of delivery of results among other localities; the maximum J + 8 for cases with written appointments for result receipt.

g/ For localities in regions with special geographical areas, the full process shall be prescribed to suit local practical conditions and announced by Vietnam Post Corporation.

Article 8.Complaints, compensations

1. Complaints

a/ The statute of limitations for lodging a complaint is six months from the date of expiration of the full process.

b/ The time limit for settling complaints is as follows:

- For intra-provincial services: 5 working days.

- For inter-provincial services: 7 working days.

2. Compensations for damage in the provision and use of the services of receipt and sending of dossiers and delivery of results must comply with Article 14 of Decision No. 45/2016/QD-TTg and the law on post.

Article 9.Dossier sending slips

1. A dossier sending slip shall be made in Vietnamese and is as legally valid as a contract in written form between the service provider and user in accordance with the law on post.

2. A dossier sending slip must show:

a/ Surname, name, address, telephone, email address (if any) of the sender;

b/ Surname, name, address, telephone, email address (if any) of the recipient;

d/ Time, place and mode of provision of the service;

dd/ Postage rate and mode of payment;

e/ Quality of the service;

g/ Rights and obligations of the parties;

h/ Liability and compensation for contract breach;

i/ Name of administrative procedure; list of documents and papers in the dossier (for the service of receipt and sending of dossiers);

k/ Results and the list of documents and papers (for the result delivery service).

Article 10.Service provision points

1. The services of receipt and sending of dossiers and delivery of results shall be provided at postal service points of the Vietnam Post Corporationor addresses at the request of organizations or individuals.

2. The list and addresses of postal service points that provide the services of receipt and sending of dossiers and delivery of results shall be posted on the Vietnam Post Corporation’s website.

3. Postal service points that provide the services of receipt and sending of dossiers and delivery of results must have signboards or other forms describing the provision of the services for receipt and sending of dossiers and delivery of results for organizations and individuals who wish to use the services.

Article 11.Assurance of security and safety in the provision of services

1. Security and safety of dossiers, results and the provision of information on the services shall be assured in accordance with the law on post.

2. In case the package of dossiers or results is damaged or torn, the Vietnam Post Corporation shall check it, make a written record and re-wrap the package up to the service’s requirements.

3. Packages containing dossiers and results must satisfy the following requirements:

a/ Being made of durable materials not to be torn or damaged during the receipt, transmission and delivery in normal conditions and to keep the contents of the inside materials unreadable;

b/ Bearing logos, brands, symbols or specific writings of services that are uniformly used in the entire service provision network of the Vietnam Post Corporation.

Article 12. Provision of information on delivered dossiers, results and information on deadlines for the return of results

1. The Vietnam Post Corporationshall:

a/ Inform organizations and individuals of their dossiers that have already been delivered to competent agencies the names of which are written in the dossier sending slip and the deadline for the return of results;

b/ Inform competent agencies of the results that have already been delivered to organizations and individuals the names of which are written in the dossier sending slip.

2. Information specified in Clause 1 of this Article shall be provided in the following forms:

a/ Providing free-of-charge information on online postal articles via the track and trace tool of the Vietnam Post Corporation’s website;

b/ Providing information via email addresses, mobile phone messages or other forms as requested. Requesters for the provision of information shall pay for service costs.

Article 13.Reporting

1. Periodical reports:

a/ The Vietnam Post Corporation shall send to the Ministry of Information and Communications reports in written form or email attachments on the situation of the provision of the services of receipt and sending of dossiers and delivery of results;

b/ The Post Offices of provinces and centrally run cities shall send to their provincial-level Departments of Information and Communications reports in written form or email attachments on the situation of the provision of the services of receipt and sending of dossiers and delivery of results in their localities;

c/ The above-mentioned report must state the list, output and turnover; the number of complaints and results of complaint settlement; the number of lost, strayed or damaged dossiers and results during the provision of the services; the number of cases in which compensations have been paid; total compensation value; and safety level in the service provision.

d/ Deadlines for submitting reports:

- Quarterly reports: before the 10^thof the first month of the quarter following the reporting quarter.

- Biannual reports: before July 10 of the reporting year.

- Annual reports: before January 10 of the year following the reporting year.

2. Extraordinary reports:

In unexpected cases, competent state postal agencies may request reports in written form or email attachments, specifying the reporting period, deadline and specific contents and other requests (if any) for the Vietnam Post Corporation, Post Offices of provinces and centrally run cities or  competent agencies to implement.

3. Report-receiving addresses:

a/ For the Ministry of Information and Communications:

The Department of Posts - the Ministry of Information and Communications.

Address: 18 Nguyen Du, Hanoi.

b/ For provincial-level Departments of Information and Communications:

The name of the unit, address, email and fax number for receiving reports shall be publicly posted on the departments’ websites or portals.

Article 14.Document archive

1. Archived paper documents shall be preserved and used with professional methods in accordance with law.

2. Archived electronic documents must satisfy input information data criteria, assure truthfulness, security and accessibility; and be preserved and used in a professional methods in accordance with law.

3. The Vietnam Post Corporation shall archive paper documents relating to the services of receipt and sending of dossiers and delivery of results for at least 1 year and electronic documents for at least 5 years from the date of receipt of dossiers or results for delivery, and bear responsibility for their accuracy; and explain and provide them to competent agencies at the latter’s request.

Article 15.Principles of information network connection

1. Ensuring safety, uninterruptedness and timely and consistent information on the processing, receipt and sending of dossiers and delivery of results of the information systems of competent agencies and the Vietnam Post Corporation.

2. Connecting information networks via the national geodetic satellite program (NGSP) and other forms of connection under the guidance of the Ministry of Information and Communications and in accordance with relevant regulations and technical standards.

3. Handling in a timely manner incidents of the system and applications serving the settlement of administrative procedures that affect the connection of information networks.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 16.Information network connection

1. The Authority of Information Technology Application shall assume the prime responsibility for, and coordinate with related units in, developing and promulgating or submitting competent authorities for promulgation relevant regulations and technical standards serving information network connection; and consult the Ministry of Information and Communications on guiding the implementation of contents of information network connection.

2. Competent agencies and the Vietnam Post Corporation shall guarantee technical conditions and coordinate in connecting information networks under the Ministry of Information and Communications’ guidance and relevant regulations and technical standards.

Article 17.Examination and supervision of the receipt and sending of dossiers and delivery of results

1. The Department of Posts shall assume the prime responsibility for, and coordinate with related units in, organizing periodic or extraordinary examinations, supervising and evaluating demands for and capability to provide the services of receipt and sending of dossiers and delivery of results.

2. Provincial-level Departments of Information and Communications shall examine and supervise the provision of the services of receipt and sending of dossiers and delivery of results in their localities.

3. The Vietnam Post Corporation and Post Offices of provinces and centrally run cities shall provide information, figures, documents and other relevant contents serving the examination and supervision of the provision of the services of receipt and sending of dossiers and delivery of results.

4. The organization of periodical or extraordinary examinations, supervision and evaluation of demands for and capability to provide the services of receipt and sending of dossiers and delivery of results shall be funded with the state budget.

Article 18.Implementation provisions

1. This Circular takes effect on August 15, 2017.

2. The Chief of the Office, General Director of the Department of Posts, Director General of the Authority of Information Technology Application and heads of related units of the Ministry of Information and Communications, directors of provincial-level Departments of Information and Communications, the Chairperson of the Members’ Council and General Director of the Vietnam Post Corporation and related organizations and individuals shall implement this Circular.

3. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Information and Communications for consideration, amendment and supplementation.-

Minister of Information and Communications
TRUONG MINH TUAN