Decree 25/2022/ND-CP amending Decree No. 47/2011/ND-CP detailing the Law on Post

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 47/2011/ND-CP of June 17, 2011, detailing a number of provisions of the Law on Post^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and Law on Organization of Local Administration;

Pursuant to the June 17, 2010 Law on Post;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 47/2011/ND-CP of June 17, 2011, detailing a number of provisions of the Law on Post.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 47/2011/ND-CP of June 17, 2011, detailing a number of provisions of the Law on Post

1. To amend and supplement Clause 4, Article 2 as follows:

“4. Inter-provincial provision of postal services means the provision of postal services between two or more provinces or centrally run cities.”

2. To amend and supplement Clauses 1 and 2, Article 4 as follows:

“1. Upon transfer of capital, transfer of projects, suspension or rescheduling of implementation progress of projects, termination of operation or liquidation of investment projects or other adjustments to investment projects, investors shall comply with the investment law and notify such to the competent state agencies that have granted postal licenses or written certification of postal activity notification.

2. The transfer of an investment project in accordance with the investment law does not cover the transfer of the postal license or written certification of postal activity notification unless the project transfer is associated with the transfer of the whole enterprise.”

3. To amend and supplement the title of Chapter III as follows:

“Chapter III

COMMERCIAL PROVISION AND USE OF POSTAL SERVICES”

4. To amend and supplement Article 6 as follows:

a/ To amend Clause 1 as follows:

“1. A dossier of application for a postal license must be made in one original set.”

b/ To amend Points b, c and l of, and add Point m to, Clause 2 as follows:

“b/ A copy of the enterprise registration certificate;

c/ The charter of the enterprise (if any);

l/ Consularly legalized documents on the legal person status of the foreign partner mentioned at Point k, Clause 2 of this Article.

m/ Commercial franchise contract with the postal service provider (if any).”

c/ To amend and supplement Point a, Clause 3 as follows:

“a/ Information on the enterprise, including name, address, telephone number, fax number and e-mail address of its transaction office, representative office, branch, business locations and website (if any) and other relevant information;”

5. To amend and supplement Article 7 as follows:

a/ To amend and supplement Point b, Clause 1 as follows:

“b/ The documents specified at Points b, dd, e, g, h, i and m, Clause 2, and Point e, Clause 3, Article 6 of this Decree.”

b/ To amend and supplement Points d and dd, Clause 2 as follows:

“d/ Contracts with foreign partners, made in Vietnamese;

dd/ Consularly legalized documents on the legal person status of the foreign partner”

6. To amend and supplement Article 8 as follows:

“Article 8. Order and procedures for grant of postal licenses and written certification of postal activity notification

1. Enterprises and organizations that apply for postal licenses and written certification of postal activity notification shall submit their dossiers via the online public service system to competent state agencies in charge of post defined in Article 9 of this Decree and take responsibility for lawfulness, accuracy and truthfulness of these dossiers.

The notification of postal activities shall be made within 7 working days after the date of commencement of such activities.

2. Within 3 working days after receiving a dossier, the competent state agencies in charge of post may refuse to grant a postal license or written certification of postal activity notification, clearly stating the reason for refusal, for the cases not falling under the competence specified in Article 9 in this Decree.

3. After receiving a dossier, a postal license or written certification of postal activity notification shall be granted within the following time limit:

a/ Twenty days, for verification of the dossier and grant of a postal license;

b/ Ten working days, for verification of the dossier and grant of written certification of postal activity notification.

4. Within the time limit specified in Clause 3 of this Article, in case a dossier is invalid, the competent state agency in charge of post shall notify the enterprise or organization of the dossier’s contents which need to be modified or supplemented.

5. Within 15 working days after receiving the notice, the applicant shall modify or supplement the dossier as requested.

In case the applicant fails to modify or supplement the dossier as requested or dossier modification or supplementation is unsatisfactory, the competent state agency in charge of post shall issue a notice of refusal to grant a postal license or written certification of postal activity notification, clearly stating the reason for refusal.

6. The notice by competent state agencies in charge of post specified in Clauses 2, 4 and 5 of this Article shall be sent via the online public service system.

7. Notice of results of the settlement of procedures for grant of postal licenses and written certification of postal activity notification shall be handed over or sent via the public postal service.”

7. To amend and supplement Article 9 as follows:

a/ To amend and supplement the title of Article 9 as follows:

“Article 9. Competence to grant and revoke postal licenses; grant written certifications of postal activity notification”

b/ To amend and supplement Point a, Clause 1 as follows:

“a/ Grant and revoke postal licenses for provision of intra-provincial mail services;”

c/ To amend and supplement Point a, Clause 2 as follows:

“a/ Grant and revoke postal licenses for provision of inter-provincial or international mail services;”

8. To amend and supplement Article 10 as follows:

“1. Changes to be notified:

a/ At-law representative;

b/ Contact telephone number(s) of the at-law representative;

c/ Charter capital of the enterprise;

d/ Postage rates;

dd/ Postal service quality criteria;

e/ Model contract on postal service provision and use;

g/ Provisions on complaints and compensations for damage related to postal services provided by the enterprise.

2. Within 7 working days after the occurrence of any change specified in Clause 1 of this Article, the enterprise or organization shall send a notice thereof (made according to the form provided in Appendix III to this Decree) or notify such via the online information system under of the Ministry of Information and Communications’ guidance to the competent state agency that has granted the postal license or written certification of postal activity notification.

3. In case the change specified at Points d, dd, e and g, Clause 1 of this Article are incompliant with the postal law, within 5 working days after receiving a written notification of such a change, the competent state agency that has granted the postal license or written certification of postal activity notification shall notify such in writing to the enterprise or organization of contents which need to be modified or supplemented.

Within 5 working days after receiving the notification, the enterprise or organization shall modify or supplement the contents as requested.”

9. To amend and supplement Article 11 as follows:

“Article 11. Modification and supplementation of postal licenses, written certifications of postal activity notification

1. In case of necessity to change contents in their postal licenses or written certifications of postal activity notification, enterprises or organizations shall carry out procedures for modification or supplementation of such licenses or written certifications.

Agencies that have granted postal licenses or written certifications of postal activity notification are competent to modify and supplement such licenses or written certifications.

2. Dossiers of request for modification or supplementation of postal licenses or written certifications of postal activity notification must be submitted via the online public service system to competent state agencies that have granted such postal licenses or written certifications.

3. A dossier of request for modification or supplementation of a postal license or written certification of postal activity notification must comprise:

a/ A written request for modification or supplementation of the postal license or written certification of postal activity notification (made according to the form provided in Appendix IV to this Decree);

b/ Documents relevant to contents of the postal license or written certification of postal activity notification requested to be modified or supplemented;

  4. Within 10 working days after receiving a dossier, the competent state agency that has granted the postal license or written certification of postal activity notification shall verify and modify or supplement such postal license or written certification.

In case of refusal to make modification or supplementation, within 5 working days after receiving the dossier, the competent state agency that has granted the postal license or written certification of postal activity notification shall notify such in writing via the online public service system to the enterprise or organization, clearly stating the reason for refusal.

5. In case of modification or supplementation of the scope of the postal service provision, leading to a change in the competence to grant a postal license or written certification of postal activity notification, an enterprise or organization shall submit a dossier and carry out procedures as for cases of applying for a new postal license or written certification of postal activity notification.

6. Notice of results of the settlement of procedures for modification or supplementation of postal licenses or written certifications of postal activity notification shall be handed over or sent via the public postal service.”

10. To amend and supplement Article 12 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. At least 30 days before its postal license expires, a postal service provider wishing to continue providing postal services shall submit a dossier of request for re-grant of the postal license via the online public service system to the competent state agency that has granted such license.”

b/ To amend and supplement Point dd, Clause 2 as follows:

“dd/ The documents specified at Points dd, e, g, h, i and m, Clause 2, Article 6 of this Decree, in case of a change in the latest dossier of application for a postal license.”

c/ To add Clause 2a as follows:

“2a. Notice of results of the settlement of procedures for re-grant of the postal license upon its expiration shall be handed over or sent via the public postal service.”

11. To amend and supplement Article 13 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. In case a postal license or written certification of postal activity notification is lost or irreparably damaged and the licensed or certified enterprise or organization wishes to have such license or certification re-granted, it shall submit a dossier of request for re-grant of the postal license or written certification of postal activity notification (made according to the form provided in Appendix V to this Decree) via the online public service system to the competent state agency that has granted such license or certification.”

b/ To add Clause 2a as follows:

“2a. Notice of results of the settlement of procedures for re-grant of a lost or irreparably damaged postal license or written certification of postal activity notification shall be handed over or sent via the public postal service.”

c/ To amend and supplement Clause 3 as follows:

“3. Within 7 working days after receiving a dossier of request for re-grant of a postal license or written certification of postal activity notification made under Clause 1 of this Article, the competent state agency that has granted such postal license or written certification shall re-grant it to the enterprise or organization.”

12. To add Article 13a below Article 13 as follows:

“Article 13a. Order and procedures for revocation of postal licenses

1. The competent state agency that has granted a postal license shall send a written request to the enterprise committing any act specified in Clause 1, Article 24 of the Law on Post for explanation and provision of relevant information and documents within the time limit stated in the written request.

2. In case the competent state agency holds a working meeting with the enterprise, minutes of the meeting shall be made, even if the enterprise fails to explain or provide relevant information and documents specified in Clause 1 of this Article.

3. Within 10 working days after the time limit stated in the request specified in Clause 1 of this Article expires, if the enterprise fails to make explanation or its explanation is incompliant with law, the competent state agency has granted the postal license shall issue a decision to revoke the license.

4. The competent state agency that has granted the postal license shall carry out procedures for revocation of the postal licence by announcing it no longer valid. The announcement of invalidity of a postal license shall be made on the portal of the competent state agency that has granted such postal license and notified to the agency that has granted the enterprise registration certificate and other relevant competent state agencies.”

13. To amend and supplement Article 14 as follows:

“Article 14. Charges

1. Enterprises and organizations that have been granted postal licenses or written certifications of postal activity notification shall pay the charge for appraisal of conditions for performance of postal activities specified by law.

2. Charge rates, management and use of the charge for appraisal of conditions for performance of postal activities must comply with relevant regulations of the Ministry of Finance.”

14. To add Article 15a below Article 15 as follows:

“Article 15a. Contracts on provision and use of postal services and documents certifying the acceptance of postal items

1. A contract on provision and use of postal services (in paper or electronic form) used in the course of providing postal services shall be made according to the model contract provided in the dossier of application for postal license or written certification of postal activity notification or the model contract notified to the competent state agency in charge of post.

2. A document certifying the acceptance of postal items (in paper or electronic form) between a postal service provider and a sender is legally valid as a written contract between them, unless otherwise agreed by the involved parties.

3. E-contracts on provision and use of postal services and e-documents certifying the acceptance of postal items shall be made in accordance with this Decree and the law on e-transactions.

4. Postal service providers shall:

a/ Retain the documents specified in Clauses 1 and 2 of this Article for at least 5 years;

b/ Provide the documents specified in Clauses 1 and 2 of this Article to competent state agencies when so requested or in cases permitted by law.”

15. To add Article 15b below Article 15 as follows:

“Article 15b. Information on postal services, senders, recipients and persons related to postal items

1. Before providing postal services, an enterprise shall provide to service users the following information in one or several forms (such as posting at service points, written notification, announcement on websites or otherwise):

a/ Service types;

b/ Service quality;

c/ Service charge rate;

d/ Principles of payment of compensation for damage;

dd/ Level of compensation for damage;

e/ Rights and obligations of the postal service provider;

g/ Rights and obligations of postal service users;

h/ Other relevant information.

2. Before using postal services, a sender shall provide to a postal service provider information on the sender, recipient and information on the postal item, and take responsibility before law for the lawfulness of provided information, specifically as follows:

a/ Information on the sender and recipient, including full names, addresses, and telephone numbers (if any).

b/ Information on the postal item, including contents of merchandise packages and parcels.

In case the merchandise must be accompanied with documents in the course of transportation in accordance with law, the sender shall provide the original or a copy of the invoice, document, specialized license, certificate or another document certified by a competent agency.

3. Information on time and place of accepting postal items must be stated in one of the following forms: date stamp, handwriting, printing, label or electronic information.

4. Postal service providers shall retain information on senders, recipients, and information on postal items specified in Clause 2 of this Article for at least 1 year after receiving such information.”

16. To add Article 15c below Article 15 as follows:

“Article 15c. Publicization of postal service charges

1. Subjects of application:

a/ Postal service providers;

b/ Postal service agents that have the right to decide and adjust postal service charges.

2. Contents to be publicized:

a/ Postal service charge rates in Vietnam dong, including taxes and service surcharges;

b/ Other relevant information (if any).

3. Time of publicization: Time of service provision.

4. Form of publicization: In one or several forms such as posting at service points, written notification, posting on websites or otherwise for convenient observation and identification by all organizations and individuals.

5. Publicized postal service charge rates must be consistent with charge rates notified by enterprises or organizations to competent state agencies in charge of post.”

17. To add Article 15d below Article 15 as follows:

“Article 15d. Notification of postal service charge rates

1. Subjects of application: The enterprises and organizations specified in Clause 1, Article 15c of this Decree.

2. Contents of notification:

a/ Changes in postal service charge rates applicable to different customer groups;

b/ Charge rates for new services applicable to different customer groups.

3. Agencies receiving notification:

a/ Competent state agencies in charge of post that have granted postal service licenses or written certifications of postal activity notification, for enterprises specified at Point a, Clause 1, Article 15c of this Decree;

b/ Local competent state agencies in charge of post, for the enterprises specified at Point b, Clause 1, Article 15c of this Decree.

4. The notification shall be made in writing or via the online information system under guidance of the Ministry of Information and Communications.

5. Powers and responsibilities of competent state agencies in charge of post:

a/ To use information on service charge rates notified by enterprises and organizations for analysis, summarization and forecast of market price fluctuations and development of a database;

b/ To supervise, examine and inspect contents of notifications of postal service charge rates in accordance with law.

6. Powers and responsibilities of enterprises and organizations specified in Clause 1 of this Article:

a/ To provide postal services at notified postal service charge rates;

b/ To notify competent state agencies in charge of post specified in Clause 3 of this Article of service charge rates within 5 working days from the effective date of such charge rates; properly implement and take responsibility for accuracy and truthfulness of notified service charge rates;

c/ To submit to supervision, examination and inspection by competent state agencies in charge of post.”

18. To add Article 15dd below Article 15 as follows as follows:

“Article 15dd. Promotion in postal service provision

1. Promotion in postal service provision must comply with the commercial law.

2. Any charge rate reduction for postal services promoted in the form of discount must not exceed 50% of the latest charge rate publicly notified or announced under regulations.”

Article 2. To replace and annul a number of provisions of the Government’s Decree No. 47/2011/ND-CP of June 17, 2011, detailing a number of provisions of the Law on Post

1. To replace the following appendices:

a/ Appendix I.

b/ Appendix II.

c/ Appendix III.

d/ Appendix IV.

dd/ Appendix V.

e/ Appendix VII.

g/ Appendix VIII.

2. To annul Articles 3 and 5; Point g, Clause 3, Article 6; Point c, Clause 2, Article 7; Point c, Clause 2, Article 12; Clause 2, Article 13; Clause 5, Article 15; and Appendices VI, IX and X.

Article 3. Implementation provisions

1. This Decree takes effect on June 1, 2022.

2. The Minister of Information and Communications’ Circular No. 02/2012/TT-BTTTT of March 15, 2012, detailing the provision and use of postal services, ceases to be effective on the effective date of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees at all levels and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM

* The Appendices to this Decree are not translated.