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GOVERNMENT OF VIETNAM

No: 47/2011/NĐ-CP

SOCIALIST REPUBLIC OF VIETNAMIndependence – Freedom – Happiness

Hanoi, June 17th 2011

DECREE

On regulations for execution of some contents of Posts Law

GOVERNMENT

Pursuant to the Law on Organization of the Government dated on December 25th 2011;

Pursuant to Posts Law dated on June 17th 2010

According to proposal of Minister of Information and Communication

DECREE

Chapter I

GENERAL REGULATIONS

Article 1: Governing scope

This decree includes detailed regulations on execution of some contents of Posts Law for investment in post sector, post permit, documents certifying declarations about post activities, postage stamp, and compensation for damages in supplying and using postal services

Article 2: Explanation for terms

In this decree, some below terms will be understood as follows:

1. Minimal limitation level of compensation for damages is the minimal compensation level which each organization, individual must pay affected agencies and individuals for losses resulting from supplying and using postal services

2. SDR is currency unit stipulated by International Monetary Fund (IMF)3. Letter service equals to services for receipt, transport and transmission of information in

documents written by hand or printing, with or without receiver’s address (excluding periodic products, book, press and magazine) from sender’s address to receiver’s address through post network and procedures except electronic method

4. Supply for post services in scale of provinces is recognized as provision of post services between 2 provinces, cities directly under the central government up to

5. International post service supply is defined as transport and redelivery of postal products from Vietnam in foreign countries or vice versa

6. Dated stamp shows information about location and date of seal

7. Special stamp is a kind of seal designed for Vietnam postage stamp which shall be issued on the special and important occasions. This seal serves target of collection and shows function as dated stamp on the first date of issuance.

8. Postage stamp with cancellation is understood as the postage stamp sealed with dated stamp or other signs to show cancellation of stamp

9. Supply period equals to duration in which special postage stamp is sold in the public postal network as from issuing until to expiration in accordance with regulations of Ministry of Information and Communication

Chapter IIINVESTMENT IN POSTAL SECTOR

Article 3: Examination of investment project1. Project with foreign owned capital under 15 billion VND is required to examine without

report to Prime Minister to ask for decision of investment policy2. Project with foreign owned capital from 15 billion VND up to must be examined before

reporting to Prime Minister to ask for decision of investment policy3. Departments in charge of issuing investment certificate have a liability to send documents

relating to collecting investigation ideas of Department of Information and Communication for investment projects whose target is to provide postal services in scale of province or Ministry of Information and Communication for investment projects with function of supplying postal services in interprovincial and international scale

Article 4: Performance and transfer of investment project

1. In time of transfer of capital and project, shut - down and delay of progress, stopping of all activities, disposal or other adjustments relating to investment project, Investor is forced to follow up regulations of Law on investment and report to postal competent state agencies as stipulated in Clause 3 Article 3 of this Decree in order to consider modification, supplementation, regrant or withdrawal of Postal permit in accordance with regulations of Law on Posts

2. Transfer of investment project according to regulations of Law on investment excludes transfer of postal permit, except attachment with transfer of the whole enterprise

Chapter IIIPOSTAL PERMIT AND DOCUMENTS FOR CONFIRMATION AND

DECLARATION ABOUT POSTAL ACTIVITIESArticle 5: Financial conditions1. Conditions relating to financial ability are specified in section b clause 2 Article 21 of

Posts Law with details as follows:a) In case of supplying postal services in scale of inside – province and inter – province,

enterprise must possess amount of capital at least 02 billion VNDb) In case of supplying international postal services, enterprise is required to satisfy minimal

capital level of 05 billion VND

2. It is necessary to mention to minimal capital level stipulated in clause 1 of this Article in business registration certificate or investment certificate in sector of Post in Vietnam of enterprises

Article 6: Documents of request for issuance of postal permit

1. Documents of request for issuance of postal permit will be made into 03 sets, including 01 original and 02 copies. Enterprise will be responsible for seal by himself and accuracy of these two duplicates

2. Documents of request for issuance of postal permit consist of:a) Application form for issuance of postal permit (In accordance with Form showed in

Annex I);b) Copy of business registration certificate or investment certificate in postal sector in

Vietnam sealed and taken all responsibilities for accuracy by enterprise;c) Regulations on organization and operation of enterprise (if any);d) Business plans;

đ) Sample of contract for supply and use of postal services in accordance with regulations of law on post;

e) Specific symbol sample, mark, sign or other elements in trademark identification system of enterprise presented in postal products (if any);

g) Postal service fare complying with regulations of law on post;

h) Standard for quality of postal services published and applied in accordance with regulations Posts law

i) Regulations on limitation to liability of compensation for damages in relevant cases, process for settlement of customer’s complain and terms for settlement of claim pursuant to regulations of posts law

k) Negotiations with other enterprises, foreign partners in Vietnamese language, in case of cooperation to supply one, some or all phases of postal service requested for issuance of permit

l) Documents certified legal entity of foreign partner by consular legalization in accordance with regulations mentioned to in section k clause 2 of this Article

3. Business plan composes of following contents:

a) Information about enterprise including name, address, telephone number, fax, email address of transaction office, representative office, branch, website of enterprise (if any) and other relevant information;

b) Locations expected for supplying services;

c) System and management procedures, service operation;

d) Process for service provision including process for acceptance, transport and delivery

đ) Measures for service supply carried out by enterprises themselves or by co-operation with the others (in case of cooperating with the others, when asking for grant of postal permit, enterprise is required to present in details scope of co-operation, combination in ensuring safety, security, settling complains and paying damages to users);

e) Methods to ensure safety to human beings, postal products, postal network and information security in postal sector;

g) Analysis for feasibility and socio – economic benefits of business plans through norms on productivity, revenue, cost, number of laborers, tax to be paid for state budget, ratio of return of invested capital within 03 years as from placing request

Article 7: Documents of request for confirmation and declaration about postal activities

1. Documents of request for confirmation and declaration about postal activities for cases stipulated in section a, b, c clause 1 of Article 25 in Posts Law are made into 01 original including:

a) Documents of request for declaration about postal activities (in accordance with Form in Annex II);

b) Documents mentioned to in section b, đ, e, g, h, i clause 2 Article 6 of this Decree2. Documents of request for confirmation about postal activities for cases specified in

section d, đ, e clause 1 Article 25 of Posts Law are made into 01 original including:a) Document relating to declaration about postal activities (in accordance with Form in

Annex II);b) Copy of document of approval for franchise registration granted by competent state

agencies and sealed and suffered all liabilities about accuracy by enterprise, in case of receiving franchise from overseas countries into Vietnam

c) Copy of granted postal permit with validity, documents of confirmation and declaration about postal activities sealed and taken all responsibility for accuracy by enterprise himself

d) Contract with foreign partners;

đ) Documents certified legal entity of foreign partner by consular legalization;

e) Documents specified in section b, đ, e, g, h, i Clause 2 Article 6 of this Decree3. Documents of request for confirmation about postal activities for cases specified in

section g, h clause 1 Article 25 of Posts Law are made into 01 original including:a) Copy of establishment permit granted by competent state agencies, sealed and taken all

responsibilities for accuracy by enterprise

Article 8: Order, procedure of issuance of postal permit, documents of confirmation and declaration about postal activities

1. Enterprise, organization requesting grant of postal permit, documents of confirmation and declaration about postal activities is required to submit directly or send documents via

post to postal competent state agencies in accordance with regulations in Article 9 of this Decree and must suffer all liabilities relating to accuracy and honesty of these documentsReport on postal activities to competent state agencies in charge of issuing documents of confirmation and declaration about postal activities must be carried out without excess of 07 working days as from the first working day of that activity

2. As from receiving documents satisfying regulations stipulated in Article 6, Article 7 of this Decree, grant of postal permit, document of confirmation and declaration about postal activities must to be performed in periods as follows:

a) 30 days, for examination and issuance of postal permit;b) 10 working days, for examination and grant of documents relating to confirmation and

declaration about postal activities3. Within 03 working days as from receiving documents, competent state agencies in charge

of granting postal permit, documents relating to confirmation and declaration about postal activities must send document receipt to email address of relevant enterprise and organization

4. In the event that documents of request for issuance of postal permit, documents of confirmation and declaration about postal activities do not meet requirements stipulated in Article 6, Article 7 of this Decree, within 07 working days as from receiving documents, relevant competent state agencies are required to give a communication for the first time with contents modification and supplementation in documents. Within 15 working days as from informing, enterprise and organization have liability to adjust document in accordance with requirements

5. In the event of there is not modification, supplementation for documents under regulations or these adjustments were performed without desired results, competent state agencies in charge of granting postal permit, documents of confirmation and declaration about postal activities must give an announcement for the second time within 07 working days as from terminating period of the first time. Within 15 working days as from informing, enterprise has a liability to modify and supplement contents in documents as required

6. In case of without modification and supplementation of contents in documents as required, competent state agencies in charge of issuing postal permit, documents of confirmation and declaration about postal activities have to give information relating to refusal of this request within 07 working days as from deadline of the second announcement

7. In case of existing adjustment relating to contents of documents without desired results, it is necessary to continue this task in accordance with process stipulated in clause 5 of this Article

8. In case of refusing grant of postal permit, document of conformation and declaration about postal activities, in period as stipulated in clause 2 of this Article, relevant competent state agencies are forced to inform in writing and describe reasons in details.

9. After receiving communication relating to refusal of postal permit and documents of confirmation and declaration about postal activities from competent state agencies, to repeat this action one more time, enterprise and organization must submit document and respect procedures as stipulated in Article 6, Article 7 and Article 8 of this Decree

Article 9: Authority for issuance of postal permit, documents of confirmation and declaration about postal activities

1. Department of Information and Communication have competence for:a) Granting postal permit for letter service supply in scale of a province;b) Granting documents of confirmation and declaration about postal activities for postal

service supply as stipulated in section a, b, c clause 1 Article 25 of Posts Law in scale of a province and other case stipulated in section g clause 1 Article 25 of this Law

2. Ministry of Information and Communication have competence for:a) Granting postal permit for letter service supply in interprovincial and international scale;b) Granting documents of confirmation and declaration about postal activities for postal

service supply as stipulated in section a, b, c clause 1 Article 25 of Posts Law in interprovincial and international scale and other cases as stipulated in section d, đ, e, h clause 1 Article 25 of this Law

3. Postal permit, documents of confirmation and declaration about postal activities for postal service supply in interprovincial and international scale as well as in scope of a relevant province, city directly under central government

Article 10: Content of adjustments subject to announcement

1. Contents must to be informed in case of modifications:a) Change legal representative, address of head office, and telephone number of enterprise

compared with information mentioned to in documents of request for issuance of postal permit for the latest time;

b) Change norm about quality of service, contract form for supply and use of service, regulations relating to claim, compensation compared with information described in documents of request for issuance of postal permit for the latest time;

c) Change informed contents compared with documents of confirmation and declaration about postal activities in accordance with regulations in Article 7 of this Decree

2. In period of 07 working days as from changing contents as stipulated in clause 1 of this Article, enterprise and organization must communicate in writing (according to form in Annex III) to relevant competent state agencies

3. In the event that modified contents under regulations in section b, c clause 1 of this Article are not suitable with regulations of Posts law, within 05 working days as from receiving notice in writing of enterprise or organization, competent state agencies granted postal permit, documents of confirmation and declaration about postal activities must send written notice to the opposite side to request necessary modification and supplementation

Article 11: Modification and supplementation in postal permit

1. In the event of it is necessary to change contents in issued postal permit, enterprise is required to do some procedures relating to modification and supplementation of postal permit. Agency in charge of issuance of postal permit will have competence for these adjustments

2. Documents of request for modification and supplementation in postal permit are made into 01 original set and submitted directly or sent through post to relevant competent state agencies

3. Documents of request for modification and supplementation in postal permit consist of:a. Application form for modification and supplementation in postal permit (in accordance

with form presented in Annex IV);b. Documents relating to contents of request for modification and supplementation in postal

permitc. Copy of postal permit granted for the latest time4. In period of 10 working days as from receiving documents satisfying regulations in

clause 2, clause 3 of this Article, competent state agency who granted postal permit have a liability to examine, modify and supplement this kind of document. If these adjustments are not approved, this body must communicate in writing to relevant enterprise, at the same time describe clearly reasons within 05 working days as from receiving document of these changes

5. If any modification and supplementation to scope of postal service supply results in change of authority to grant of postal permit, enterprise is required to submit documents and follow up all formalities as mentioned to above

Article 12: Regrant for expired postal permit

1. Before expiration of postal permit at least 30 days, if enterprise in charge of postal service supply still would like to continue making business, it is necessary to establish 01 original set of documents aiming to ask for regrant of postal permit and submit directly or send it through post to relevant competent state agency

2. Document of request for regrant of expired postal permit composes of:a) Application form for regrant of expired postal permitb) Copy of postal permit issued for the latest timec) Financial statements of the latest two years sealed and suffered all liability about

accuracy by enterprised) Business plans in the next period, if enterprise has lost in 2 continuous years

đ) Documents as stipulated in section đ, e, g, h, i clause 2 Article 6 of this Decree, in case of existing changes compared with documents of request for issuance of postal permit for the latest time

3. Regrant of expired postal permit must to be performed in maximal period of 10 working days as from receiving documents meeting regulations of section 1 and 2 of this Article

4. Procedure for the second issuance will be executed in accordance with the order specified in Article 8 of this Decree

5. In the event of enterprise owns an expired postal permit or does not do formalities to ask for the second grant under period stipulated in clause 1 of this Article, if having demand on this issuance one more time, enterprise is required to submit documents and follow up all procedures as request for a new permit

Article 13: Regrant of lost or damaged postal permit, documents for confirmation

1. In the event of Postal permit and documents of confirmation and declaration about postal activities are lost or damaged, or enterprise and organization have a desire to be regranted, they must submit an original set of document directly or through post to relevant competent state agency

2. Documents of regrant of lost or damaged postal permit, document of confirmation and declaration about postal activities consist of:

a) Application form for regrant of postal permit, document of confirmation and declaration about postal activities (according to form presented in Annex V);

b) The valid original version of above papers in case of being damaged3. In period of 07 working days as from receiving documents satisfying regulations in

clause 1, clause 2 of this Article, relevant competent state agency is required to reissue these documents to enterprise

4. Reissued postal permit and document of confirmation and declaration about postal activities are duplicates from original versions and under management of relevant competent state agency

Article 14: Fee

1. To be granted, modified, supplemented, reissued a postal permit or document of confirmation and declaration about postal activities, enterprise/ organization must pay fee in accordance with regulations of law

2. Fee level, management and use of fee received from issuance, adjustment and regrant of postal permit, document of confirmation and declaration about postal activities shall be performed complying with regulations of Ministry of Finance

Article 15: Use of postal permit, document of confirmation and declaration about postal activities

Enterprise, organization with postal permit, document of confirmation and declaration about postal activities in hand has a liability:

1. To respect serious contents of postal activities specified in postal permit, document of confirmation and declaration about postal activities

2. Not to adjust, delete contents specified in postal permit, document of confirmation and declaration about post activities

3. Not to sell, transfer except the case of attachment with disposition of whole enterprise because of selling or incorporation

4. Not to lend, rent, mortgage

5. To resubmit postal permit, document of confirmation and declaration about postal activities

Chapter IV

POSTAGE STAMP

Article 16: Classification of Vietnam Postage stamp

Vietnam postage stamp is classified as follows:

1. Definitive postage stamp is a kind of postage stamp with terms of supply and permission of reprinting

2. Special postage stamp is understood as a kind of postage stamp with terms of supply but without permission of reprinting. This category consists of commemorative postage stamp and thematic postage stamp

Article 17: Use of Vietnam postage stamp

1. Vietnam postage stamp is used to pay in advance postal service tariff when satisfying followings conditions:

a) Is issued by Ministry of Information and Communication;b) Not be prohibited to circulate;c) Not be available with cancellation;d) To be intact2. In period of supply, special and definitive postage stamp are required to sell in accordance with

price printed on the surface of stamp, except the case of cancellation3. Special postage stamp with expiration of supply period still can be used as a method of payment

in advance for postal service tariff4. Withdrawal and settlement of special postage stamp with expiration of supply period will be

performed according to regulations of Ministry of Information and Communication5. It is required to use postage stamp with word “Specimen” or with cancellation when printing

Vietnam postage stamp in other products, excluding zoom printing in form of panel or poster

Article 18: Import of postage stamp

1. To import postage stamp which is not mentioned to in list of postage stamps regulated in clause 3 Article 37 of Post Law with quantity of more than 500, agencies and individuals are required to possess permit for import of postage stamp issued by Ministry of Information and Communication

2. Document of request for issuance of permit for import of postage stamp shall be made into original set, including:

a) Application form for issuance of permit for import of postage stamp (according to form presented in Annex VI);

b) Copy of business registration certification or investment certification in Vietnam of relevant agencies with seal by themselves or identity card or passport of relevant individuals

c) Specimen or copy of postage stamp in request for import3. The order and procedures for issuance of permit for import of postage stamp

a) Document of request for issuance of permit for import of postage stamp is required to submitted directly or sent by post to Ministry of Information and Communication by relevant agencies and individuals; and they must take all responsibilities for accuracy and honesty of this document

b) As from receiving documents meeting regulations stipulated in clause 2 of this Article, issuance of permit for import of postage stamp will be executed in period of 07 working days;

c) In period of 03 working days as from receiving documents, Ministry of Information and Communication must send receipt to email address of agencies and individuals with intention of importing postage stamp

d) In the event of document does not satisfy regulations stipulated in clause 2 of this Article, within 03 working days as from receiving this document, Ministry of Information and Communication must inform relevant agencies and individuals to ask for adjustment and supplementation. In period of 05 working days as from sending notice, the other side has a liability to adjustment pursuant to requirement. In case that relevant agencies and individuals do not accomplish supplementation complying with requirement, Ministry of Information and Communication will give a notice to refuse issuance of permit in period of 05 working days as from terminating terms of declaration

đ) In the case of refusing grant of permit to relevant agencies and individuals, in period regulated in section b clause 3 of this Article, Ministry of Information and Communication is required to communicate to the other side in writing to present clearly their reason

4. Permit for import of postage stamp is valid in period of 01 year as from signing with use of only one time and without permission of extension

5. Permit for import of postage stamp is not necessary in the following circumstances:a) Postage stamp of member countries in Universal Post Union imported according to regulations in

Universal Post Union Conventionb) Total number of postage stamp for a turn of import is under 500 and without existence in list of

category of postage stamp stipulated in clause 3 Article 37 of Post Law;c) Vietnam postage stamp printed in overseas countries according to decision of Ministry of

Information and Communication

Article 19: Subject planning for Vietnam postage stamp

1. Subject planning for Vietnam postage stamp is built generally for a period or for a subject carried out in many continuous year or in a fixed frequency

2. Program on subject for Vietnam postage stamp is built for issuance in period of 01 year3. Ministry of Information and Communication has a liability to build, approve planning and

program on subject for Vietnam postage stamp on the basis of:a) Important events of Vietnam and other countries in over the world;b) Proposals of agencies, individuals at home and abroad;c) Demands, gout and market of stamp collection

Article 20: National consulting council for Vietnam postage stamp

1. National consulting council for Vietnam postage stamp is a organization whose functions are consultancy, presentation of ideas about contents relating to subject planning for Vietnam postage

stamp; program on subject for Vietnam postage stamp; design sample and other issues relating to Vietnam postage stamp

2. Ministry of Information and Communication decides to found National consulting council for Vietnam postage stamp, including representatives of following agencies and organizations:

a) Ministry of Information and Communication (Chairman);b) Central committee for Propaganda and Education;c) Ministry of Culture, Sport and Tourism;d) Vietnam academy of Social Sciences;e) Vietnam fine arts association;f) Vietnam Association of Historical Sciences;g) Vietnam Philatelic Associationh) Organizations and individuals in relevant sectors3. Members in National consulting council for Vietnam postage stamp are in charge of supplying

data, documents under their owned functions, tasks and specialized field relating to relevant contents as well as take all responsibilities for information provided

4. Members in National consulting council for Vietnam postage stamp will be inherited regimes according to current regulations

Article 21: Sample design for Vietnam postage stamp and special specimen

1. Sample design for Vietnam postage stamp and special specimen is carried out on the basis of approved planning and program for issuance of Vietnam postage stamp

2. To each sample design for Vietnam postage stamp and special specimen, it is necessary to exist 03 designs with different content and style of at least 02 authors

3. Organization of competitions for designing stamp sample at national level on the occasion of important events in Vietnam and in over the world is managed by Ministry of Information and Communication

Article 22: Storage of postage stamp

1. Vietnam postage stamp serving national storage and document of design for Vietnam postage stamp are national properties, and stored, preserved in accordance with regulations on storage of Law

2. In addition to Vietnam postage stamp serving national storage and document of design for Vietnam postage stamp stipulated in section 1 of this Article, Ministry of Information and Communication has a liability to save and preserve profession postage stamp warehouse serving following targets:

a) Communication and advertisementb) Scientific researchc) Exchange among members of Universal post union and other international organizationsd) State management activities3. Ministry of Information and Communication regulates with details storage for Vietnam postage

stamp serving national storage, document for designs for Vietnam postage stamp and storage for stamp warehouse in accordance with clause 2 of this Article

Article 23: State management expenses for postage stamp

Expenses for state management activities in postage stamp stipulated in this Decree is paid by state budget and balanced in annual expenditure plan of Ministry of Information and Communication

Chapter V

PAYMENT OF DAMAGES

IN SUPPLY AND USE OF POSTAL SERVICES

Article 24: Principles for payment of damages

1. Direct payment of damages shall be carried out on the basis of contract for supply and use of postal service. In case of issuing indirect damages out of scale of contract or without collection of benefits due to unqualified quality of postal service supply as agreed between two parties, compensation will not to be performed

2. Damaged, lost or changed postal products will be compensated in accordance with for each kind of service. Compensation level applied for enterprises is allowed to be lower limitation for responsibility of compensation for each kind of service pursuant to regulation in Article 25 of this Decree

3. Payment of damages will not be made in circumstances as follows:a) Postal services without document of confirmation for acceptance of postal products;b) Users without document of demonstration for use of service

Article 25: Limitation for responsibility of compensation

1. Minimum limitation for responsibility of compensation is regulated as follows:a) To domestic postal services: 04 times of tariff (included return of used service tariff) of used

serviceb) To international postal service transmitted by airplane: 09 SDR/kg (is calculated according to

scale of weight 500 gram, odd part will be determined equaling to 500 gram) but not lighter than 30 SDR/ product, and return of used service tariff;

c) To international postal service transmitted by other methods: 05 SDR/kg (is calculated according to scale of weight 500 gram, odd part will be determined equaling to 500 gram), and return of used service tariff

2. In the event of breach of agreed contract due to 2 causes (published time is not ensured and some documents supplied by user prove that unsecured time), enterprise in charge of providing postal service has a liability to refund tariff of used service to user

3. Payment of damage for international postal services in scale of Document of Universal Post Union supplied by appointed enterprise must respect regulations on compensation in this Document

Article 26: Period for performance of compensation

1. This period last not more than 30 days as from establishing document to define responsibility for compensation between parties

2. In case of excess of time for compensation regulated in Clause 1 of this Article, compensator must pay interest for delay in accordance with regulations of law

Article 27: Recovery of indemnification

1. In the event that whole or a part of postal products which is considered to be lost and paid damages in accordance with regulation is found, enterprise in charge of providing postal service takes responsibility to inform to payee

2. Payee has a right to receive or refuse receipt of whole or a part of postal products which is found already

3. In case that payees accept to receive whole or a part of postal products which is found already, they must return equivalent indemnification to enterprise in charge of supplying postal service

4. If payees refuse to get whole or a part of postal products which is found already, enterprise in charge of providing postal service will become possessor of these products

Chapter VI

EXECUTION TERMS

Article 28: Execution effect

1. This Decree will come into effect as from August 15th 20112. As from effective day of this Decree, Decree No 157/2004/NĐ-CP dated August 18 th 2004 will

stipulating in detailed execution of some articles in Post law, telecommunication on post, Decree No 128/2007/NĐ-CP date August 2nd 2007 mentioning to delivery service and other regulations on post in Decree No 121/2008/NĐ-CP dated December 03rd 2008 on investment in post and telecommunication sector will be invalid

Article 29: Transition term

1. In period of 06 months as from effective date of this Decree:a) Postal activities specified in section đ, e, h clause 1 Article 25 of Post Law performing in

Vietnam before effective date of this Decree must to be done some procedures relating to declaration of postal activities under regulations of Post Law and this Decree;

b) Enterprises granted postal permit before effective date of this Decree must ensure their capital satisfying regulations in clause 1 Article 5 of this Decree

2. Enterprises granted business registration certification to delivery service or investment certificate in delivery sector before effective date of this Decree can continue performing their business activities until these certificates are expired, withdrew, voided or replaced with other documents

Article 30: Responsibility for execution

Ministers, Heads of ministry – level departments, Heads of Government Agencies, President of people’s committee of provinces, cities directly under the central government and relevant organizations and individuals have a liability to execute this Decree

To:- The Secretariat of the Central Committee Communist Party of Vietnam;- Prime Minister, Deputy Prime Ministers;- Ministries, Ministry – level departments, Government agencies;- Office of central committee for directing prevention and anti – corruption;- People’s committee, People’s council of provinces and cities directly under the central government;- Office of the President;- National council and committees of assembly;- Office of national assembly;- Supreme People’s court;- Supreme People’s procuracy;- State audit;- National financial supervision commission;- Vietnam bank for social policies;- Vietnam development bank;- The Central Committee of the Vietnam Fatherland Front;- Central offices of Mass Organizations- Office of the Government : Chairman, Deputy chairman, assistant of Prime Minister, Portal, Departments, Authorities, subordinate units, gazette- Save: Archives, KTTH (5b). Q. 290

ON BEHALF OF THE GOVERNMENTPRIME MINISTER(Signed and sealed)Nguyen Tan Dung

Appendix I

APPLICATION FORM FOR ISSUANCE OF POST PERMIT

(Promulgated with Decree No 47/2011/NĐ-CP dated June 17th 2011 of the Government)

(Name of enterprise)

No: …


…, date … month … year

APPLICATION FORM FOR ISSUANCE OF POST PERMIT

Attention to: ……………… (Name of department in charge of issuance of permit)

Pursuant to Post Law No 49/2010/QH12 dated June 17th 2010;

Pursuant to Decree No …/20…/NĐ-CP ….;

(Enterprise’s name) ………… requests (department in charge of issuance of permit) …….. to issue post permit with contents as follows:

Part 1: Information about enterprise

1. Enterprise’s name in Vietnamese (name presented in business registration certificate or investment certificate, in capitalization): ……………………Enterprise’s name in abbreviation (name presented in business registration certificate or investment certificate): ……………………Enterprise’s name in foreign language (name presented in business registration certificate or investment certificate): ……………………

2. Address of head office (address presented in business registration certificate or investment certificate): ……………………

3. Business registration certificate/ investment certificate/ establishment permit No: …. issued by ….. dated … in …

4. Charter capital: ………………….5. Tel: ……………… Fax: …………….6. Website (If any): …………… Email: ……………..7. Legal representative:

Full name: ……………………. Gender: ………………….

Position holding: ………………………..

Nationality: …………………… Date of birth: ………………….

Identity card/ Passport No: …………….. issued on ……………….. in ………………….

Place of registration of permanent address: …………………………

Tel: …………………… Email: ………………………..

8. Regular contact person:

Full name: …………………………… Gender: …………………………..

Position holding: ……………………………………………………………

Tel: …………………………………… Email: …………………………….

Part 2: Short description about service

1. Kind of service: ………………………………………………………..2. Scope of service provision: ……………………………………………3. Method of service provision: ………………………………………….

Part 3: Terms

Advised terms: …………. year(s)

Part 4: Attached documents

Attached documents consist of:

1. ………………………………………………………………………….2. ………………………………………………………………………….

Part 5: Commitment

(Name of organization/ enterprise) commits that:

1. Take all responsibilities before law for accuracy and legality of contents specified in this application form and in attached documents

2. In case of getting post permit, (name of enterprise) will respect seriously relevant regulations of law of Vietnam as well as in post permit

To:- As mentioned – above

LEGAL REPRESENTATIVE OF ENTERPRISE

(Signature, full name, title and seal)

Appendix II

DOCUMENT SAMPLE FOR DECLARATION ABOUT POSTAL ACTIVITIES

(Promulgated with Decree No 47/2011/NĐ-CP

Dated June 17th 2011 of the Government)

(Name of organization, enterprise)

No: …………


…………., date ………. month …….. year

DECLARATION

ABOUT POSTAL ACTIVITIES

Attention to: ……………… (Name of department in charge of confirming declaration about postal activities)

Pursuant to Post Law No 49/2010/QH12 dated June 17th 2010;

Pursuant to Decree No …/20…/NĐ-CP…. ;

(Enterprise’s name or organization) declares postal activities with contents as follows:


1. Organization or Enterprise’s name in Vietnamese (name presented in business registration certificate/ investment certificate/ establishment permit, in capitalization): ……………………Organization or Enterprise’s name in abbreviation (name presented in business registration certificate/ investment certificate/ establishment permit): …………………………………..Organization or Enterprise’s name in foreign language (name presented in business registration certificate/ investment certificate/ establishment permit): …………………………………..

2. Address of head office (address presented in business registration certificate/ investment certificate/ establishment permit): …………………………………………………………….

3. Business registration certificate/ investment certificate/ establishment permit No: …. issued by ……………….. dated …………………… in ………………………………………………….

4. Charter capital: ………………………………………………………………………………….5. Tel: ……………… Fax: ………………………………………………………………………..6. Website (If any): …………… Email: ………………………………………………………….7. Legal representative:

Full name: ……………………. Gender: …………………………………………………………..

Position holding: ……………………………………………………………………………………

Nationality: …………………… Date of birth: ……………………………………………………


Place of registration of permanent address: ……………………………………………….

Tel: …………………… Email: …………………………………………………………….


Full name: …………………………… Gender: ……………………………………………

Position holding: …………………………………………………………………………….

Tel: …………………………………… Email: …………………………………………….

Part 2: Short description about service

1. Kind of service: …………………………………………………………………………2. Scope of service provision: …………………………………………………………….3. Method of service provision; …………………………………………………………..



1. ……………………………………………………………………………………………2. ……………………………………………………………………………………………

Part 4: Commitment

(Name of organization or enterprise) commits that:

1. Take all responsibilities before law for accuracy and legality of contents specified in this declaration and in attached documents

2. Respect seriously relevant regulations of law of Vietnam as well as in confirmation of declaration about postal activities


LEGAL REPRESENTATIVE OF ORGANIZATION/ ENTERPRISE(Signature, full name, title and seal)

Chapter III

DOCUMENT SAMPLE FOR DECLARATION OF ADJUSTED CONTENTS RELATING TO DOCUMENT FOR ISSUANCE OF POST PERMIT/ DOCUMENT FOR CONFIRMATION OF

DECLARATION ABOUT POSTAL ACTIVITIES


(Name of organization, enterprise)

No: …………



DECLARATION OF ADJUSTED CONTENTS RELATING TO DOCUMENT FOR ISSUANCE OF POST PERMIT/ DOCUMENT FOR CONFIRMATION OF DECLARATION ABOUT

POSTAL ACTIVITIES

Attention to: ……………… (Name of department in charge of issuing permit/ confirming declaration about postal activities)


1. Organization or Enterprise’s name in Vietnamese (name presented in business registration certificate/ investment certificate/ establishment permit, in capitalization): ……………………Organization or Enterprise’s name in abbreviation (name presented in business registration certificate/ investment certificate/ establishment permit): ……………………Organization or Enterprise’s name in foreign language (name presented in business registration certificate/ investment certificate/ establishment permit): ……………………

2. Address of head office (address presented in business registration certificate/ investment certificate/ establishment permit): ……………………

3. Business registration certificate/ investment certificate/ establishment permit No: …. issued by ….. dated … in …………………………………………………………………………………

4. Charter capital: …………………………………………………………………………………5. Tel: ……………… Fax: ……………………………………………………………………….6. Website (If any): …………… Email: …………………………………………………………7. Legal representative:

Full name: ……………………. Gender: …………………………………………………………..

Position holding: ……………………………………………………………………………………

Nationality: …………………… Date of birth: ……………………………………………………

Identity card/ Passport No: …………….. issued on ……………….. in …………………………

Place of registration of permanent address: ………………………………………………………

Tel: …………………… Email: ………………………………………………………………….


Full name: …………………………… Gender: ………………………………………………..

Position holding: ………………………………………………………………………………..

Tel: …………………………………… Email: …………………………………………………

Part 2: Changed contents

(Name of organization or enterprise) informs some contents changed compared with information mentioned to in document for issuance of post permit/ or granted confirmation for declaration about postal activities as follows:

Changed contents: ……………………………………………………………………………..

Reasons for change: ……………………………………………………………………………..


Attached documents consist of

3. ………………………………………………………………………….4. ………………………………………………………………………….

Part 4: Commitment

(Name of organization or enterprise) commits that:

9. Take all responsibilities before law for accuracy and legality of contents specified in this declaration and in attached documents

10. Respect seriously relevant regulations of law of Vietnam as well as in postal permit/ confirmation for declaration about postal activities


LEGAL REPRESENTATIVE OF ORGANIZATION/ ENTERPRISE(Signature, full name, title and seal)

Appendix IV

APPLICATION FORM FOR MODIFICATION, SUPPLEMENTATION FOR POST PERMIT


(Name of enterprise)

No: …………



APPLICATION FORM FOR MODIFICATION, SUPPLEMENTATION FOR POST PERMIT

Attention to: ……………… (Name of department in charge of issuing post permit)


1. Enterprise’s name in Vietnamese (name presented in business registration certificate/ investment certificate, in capitalization): ……………………Enterprise’s name in abbreviation (name presented in business registration certificate/ investment certificate): ……………………Enterprise’s name in foreign language (name presented in business registration certificate/ investment certificate): ……………………

2. Address of head office (address presented in business registration certificate/ investment certificate): ……………………

3. Business registration certificate/ investment certificate No: …. issued by ….. dated … in …………………


Full name: ……………………. Gender: ………………….





Tel: …………………… Email: ………………………..


Full name: …………………………… Gender: …………………………..


Tel: …………………………………… Email: …………………………….

Part 2: Changed contents

(Name of enterprise) request to modify, supplement some following content in post permit:

Content of modification and supplementation: ………………………………………………………………………………..

Reasons for change and supplementation: …………………………………………………………



5. ………………………………………………………………………….6. ………………………………………………………………………….

Part 4: Commitment

(Name of enterprise) commits that:

Take all responsibilities before law for accuracy and legality of contents specified in this application form and in attached documents

Respect seriously relevant regulations of law of Vietnam as well as in this post permit




Appendix V

APPLICATION FORM FOR REGRANT OF POST PERMIT/ DOCUMENT FOR CONFIRMATION OF DECLARATION ABOUT POSTAL ACTIVITIES


(Name of organization/ enterprise)

No: …………



APPLICATION FORM FOR REGRANT OF POST PERMIT/ DOCUMENT FOR CONFIRMATION OF DECLARATION ABOUT POSTAL ACTIVITIES

Attention to: ……………… (Name of department issued permit, confirmed declaration)

Part 1: Information about organization/ enterprise

1. Organization’s/ Enterprise’s name in Vietnamese (name presented in business registration certificate/ investment certificate/ establishment permit, in capitalization): ……………………Organization’s/ Enterprise’s name in abbreviation (name presented in business registration certificate/ investment certificate/ establishment permit): ……………………Enterprise’s name in foreign language (name presented in business registration certificate/ investment certificate/ establishment permit): ……………………

2. Address of head office (address presented in business registration certificate/ investment certificate/ establishment permit): ……………………

3. Business registration certificate/ investment certificate/ establishment permit No: …. issued by ….. dated … in …………………


Full name: ……………………. Gender: ………………….





Tel: …………………… Email: ………………………..


Full name: …………………………… Gender: …………………………..


Tel: …………………………………… Email: …………………………….

Part 2: Contents of regrant

(Name of organization/ enterprise) ask for regrant of post permit/ document for confirmation of declaration of postal activities with reasons as follows: …………………………………………..



1. ………………………………………………………………………….2. ………………………………………………………………………….

Part 4: Commitment

(Name of organization/ enterprise) commits that:

Take all responsibilities before law for accuracy and legality of contents specified in this application form and in attached documents

Respect seriously relevant regulations of law of Vietnam as well as in this post permit/ document for confirmation of declaration of postal activities




Appendix VI

APPLICATION FORM FOR ISSUANCE OF PERMIT FOR IMPORT OF POSTAGE STAMP



…………., date ………. month …….. year 20..

APPLICATION FORM FOR ISSUANCE OF PERMIT FOR IMPORTOF POSTAGE STAMP

Attention to: Ministry of Information and Communication

Name of organization/ individual: …………………………………………………………….Contact address: ………………………………………………………………………………..Tel: ……………………………. Fax: ………………………… E-mail: ……………………...Business registration certificate/ Identity card/ Passport No: ………….. Place of issuance: ….Import – export code (if any): …………………. Place of issuance: ………………………...Propose to grant permit for importing kinds of postage stamp as follows:

No Name of product Origin Quantity

Form of import: …………………………………………………………………………………

Target of import: ………………………………………………………………………………..

Expected time for import: ……………………………………………………………………..

Attached documents: …………………………………………………………………………..

I/ We shall take all responsibilities relating to accuracy of information supplied above and commit to respect regulations of law on postage stamp management

DECLARANT(Signature, full name and seal)

Chapter VII

FORM OF POST PERMIT


(Name of organization in charge of issuance of post permit)

No: …………



POST PERMIT

Pursuant to Post Law dated June 17th 2010;

Pursuant to Decree …/…/NĐ-CP dated (date ... month … year …) of the Government;

Pursuant to ……………………………………………………………………………….. ;

Evaluating document for request for issuance of post permit of (name of enterprise);

According to proposal of …………………………………………………………………,

(AUTHORITY OF PROMULGATION)

Article 1: Permit (Name of enterprise in Vietnamese)

Name of enterprise in foreign language (if any): ……………………………………….

Name of enterprise in abbreviation (if any): ……………………………………………

Business registration certificate/ investment certificate No: …….. date ……. month ….. year

……………. issued by …………………………………………………………………..

Address of head office:

Provide postal services with following contents:

1. Kind of service:

2. Scope of service supply:

3. Price:

This price can be adjusted in each period by Ministry of Information and Communication

4. Standard and quality of service:

Execute regulations of law on standards and quality of letter service

Article 2: In addition to regulation specified in Article 1, (name of enterprise) has a liability to:

1. Take all measures to protect national rights, legal rights and benefits of users

2. Ensure information safety and security to letter service; execute regulations and suffer control of competent state agencies in ensuring information safety and security to letter service

3. Report periodically in accordance with regulation and requirement of (agency in charge of issuance of post permit)

4. Ensure legal right and benefit of user in case of co-operation with other enterprises to transport and deliver letter which received from sender by (name of enterprise)

5. Inform Department of Information and Communication about operation of branches, representative offices, representative of enterprise in scale of province and city directly under the central government (this content is only mentioned to in post permit issued by Ministry of Information and Communication)

6. Perform other rights and responsibilities under regulations of Law

Article 3: This permit comes into effect as from signing until end of …………….., except recovered in accordance with regulation of Law

Article 4: This permit is made into 02 original copies; 01 copy will be granted to (name of enterprise), 01 will be saved in (agency in charge of issuing permit). At the same time this document shall be copied to send to department in charge of granting business registration certificate, relevant competent state agencies

Right and title of signer(Signature, full name and seal)

Chapter VIII

FORM FOR CONFIRMATION OF DECLARATION ABOUT POSTAL ACTIVITIES


(Name of department in charge of Confirmation of declaration)

No: …/XN-(name of dept. in charge of confirmation of declaration)



DOCUMENT FOR CONFIRMATION OF DECLARATION ABOUT POSTAL ACTIVITIES



Pursuant to Decree …/…/NĐ-CP dated (date ... month … year …) of the Government on ….;

Pursuant to ……………………………………………………………………………….. ;

Evaluating document for declaration about postal activities of (name of organization/ enterprise);

Confirms:

1. To receive sufficient of documents for declaration about postal activities of (name of organization/ enterprise), established in accordance with business registration certificate/ investment certificate/ establishment permit No: … date…month…year… issued by … (name of department), with head office located in ….

2. Contents in document for declaration about postal activities are suitable for regulations of Post law

- Kind of service/ postal activity:

- Scope of service/ postal activity supply:

- Method of service/ postal activity supple:

- Beginning period for implementation of service/ postal activity supply:

3. (Name of organization, enterprise) is responsible for communicating to Department of Information and Communication of provinces, cities directly under the central government about operation of branches, representative offices, or representatives of enterprise in these areas (this content is only mentioned to in document for declaration about postal activities granted by Ministry of Information and Communication)

To:- (Name of organization, enterprise)

RIGHT AND TITLE OF SIGNER(Signature, full name and seal)

Appendix IX

FORM OF PERMIT FOR IMPORT OF POSTAGE STAMP


(Name of organization in charge of issuance of permit)

No: …………



PERMIT FOR IMPORT OF POSTAGE STAMP


Pursuant to Decree …/…/NĐ-CP dated (date ... month … year …) of the Government;

Pursuant to ……………………………………………………………………………….. ;

Evaluating document for request for issuance of post permit of (name of enterprise);

According to proposal of …………………………………………………………………,


Article 1: Permit (Name of enterprise in Vietnamese)

Name of enterprise in foreign language (if any): ……………………………………….

Name of enterprise in abbreviation (if any): ……………………………………………

Business registration certificate/ investment certificate No: …….. date ……. month ….. year

……………. issued by …………………………………………………………………..

Import – export code (if any): …………………………………………………………..

Address of head office: ………………………………………………………………….

Import into Vietnam following kinds of postage stamp:

No Name of product Origin Quantity

Objectives of import: …………………………………………………………………….

Article 2: This permit with only one time use value is not allowed to extend, and comes into effect as from signing until end of …………………………………………………………………………………

Article 3: This permit is made into 03 original copies; 01 copy will be granted to (name of organization, individual), the remainder will be saved in (agency in charge of issuing permit). At the same time this document shall be copied to send to relevant competent state agencies

Right and title of signer(Signature, full name and seal)

Chapter X

FORM OF RECEIPT FOR DOCUMENT OF REQUEST FOR ISSUANCE OF POST PERMIT/

DOCUMENT OF DECLARATION ABOUT POSTAL ACTIVITIES/

ISSUANCE OF PERMIT FOR IMPORT OF POSTAGE STAMP


NAME OF LINE AGENCYNAME OF AGENCY IN CHARGE OF

GRANTING RECEIPT

No: …/GBN-(abbreviated name of agency in charge of issuing receipt)



RECEIPT OF DOCUMENT

Attention to: …………………….. (name of enterprise, organization, individual)

(Competent state agency on post sector) …………………………………………………….

Address: ………………………………………………………………………………………

Tel: …………………………………………. Fax: …………………………………………..

On (month/ date/ year) received document relating to request for issuance (post permit/ document of declaration about postal activities/ permit for import of postage stamp) of (name of enterprise, organization, individual)

Document of ……………… (name of enterprise, organization, individual) will be settled in accordance with regulations of post law./.

RECIPIENT(Full name)

Date post:	31-Jan-2018
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