Thông tư 01/2005/TT-BBCVT

CIRCULAR

GUIDING THE LICENSING OF MAIL DELIVERY SERVICE BUSINESS AND REGISTRATION OF MAIL DELIVERY AGENCY FOR FOREIGN DELIVERY ORGANIZATIONS

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the Government's Decree No. 90/ 2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telematics;
Pursuant to the Government's Decree No. 157/ 2004/ND-CP of August 18, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding post,
The Ministry of Post and Telematics hereby provides detailed guidance on licensing of mail delivery service business and registration of mail delivery agency for foreign delivery organizations as follows:

I. GENERAL PROVISIONS

1. Regulation scope

This Circular guides in detail a number of contents of the Government's Decree No. 157/ 2004/ND-CP of August 18, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding post (hereinafter referred to as the Decree), which are related to the grant of mail delivery service business licenses (hereinafter referred to as licenses) and registration of mail delivery agency for foreign delivery organizations (hereinafter referred to as agency).

2. Application subjects

2.1. Subjects to be considered for licensing:

a/ Enterprises of all economic sectors, except foreign-invested enterprises, that wish to deal in domestic mail delivery services and fully meet the conditions specified in Clause 2, Article 21 of the Decree.

b/ Enterprises of all economic sectors, except enterprises with 100% foreign capital, that wish to deal in international mail delivery services and fully meet the conditions specified in Clause 3, Article 21 of the Decree.

c/ Enterprises providing postal services according to the provisions of Clause 1, Article 40 of the Decree.

d/ Enterprises providing services according to the provisions of Clause 2, Article 40 of the Decree, except those operating under the Law on Foreign Investment in Vietnam.

2.2. Subjects eligible for agency registration include Vietnam Post, enterprises licensed to deal in international mail delivery services and enterprises acting as agents before the effective date of the Decree.

3. Responsibilities of people compiling dossiers of application for licenses and agency registration dossiers

Organizations or individuals applying for licenses or registering to act as agents shall take responsibility for the accuracy and legality of documents in the relevant dossiers.

4. Granted licenses and agency registrations shall be announced by the Ministry of Post and Telematics on its website (http://www.mpt.gov.vn).

II. GRANTING MAIL DELIVERY SERVICE BUSINESS LICENSES

1. Individuals involved in charge-free mail delivery activities based on agreement with the senders to deliver not more than 50 mails each time shall not have to apply for licenses.

2. The scope of domestic mail delivery services defined in Clause 2, Article 21 of the Decree means the organization of mail reception, sending and delivery within a province or centrally-run city (hereinafter referred to as province or city) or between provinces or cities or in the whole territory of the Socialist Republic of Vietnam.

3. The scope of international mail delivery services defined in Clause 3, Article 21 of the Decree means the organization of mail reception in the territory of the Socialist Republic of Vietnam for sending and delivery to foreign countries or organization of reception of mails from overseas for delivery in Vietnam or both.

4. Enterprises failing to meet the condition specified at Point c, Clause 2 or Point c, Clause 3, Article 21 of the Decree shall have their services tested according to regulations.

5. Licensing dossiers and procedures (covering also the renewal of licenses upon their expiration)

5.1. Dossiers of application for licenses

a/ Dossiers of application for licenses shall each comprise the following papers:

- The application for license, made according to a set form;

- A notarized copy of the business registration certificate;

- The organization and operation charter of the concerned enterprise (if any);

- The service provision scheme with the following main contents:

+ Types of service to be provided;

+ The service provision area;

+ The organizational structure and system of service management and administration; telephone numbers of the headquarters and local branches (if any);

+ Socio-economic benefits of the provision of services;

+ The service exploitation process;

+ Measures to ensure information safety and security.

- The service quality standards; charge rates, forms of service provision and use contracts or documents, bills of lading;

- Compensation principles and levels;

- Documents proving the experience of the enterprise;

- The agreement with the foreign party on mail delivery to foreign countries or reception of mails from overseas for delivery in Vietnam (for dossiers of application for international mail delivery service business licenses).

b/ Dossiers of application for testing licenses shall also comprise the papers defined at Point a above.

c/ Dossiers of application for licenses after a testing period shall each comprise the following papers:

- The application for license;

- The report on testing results (business situation, service quality, assurance of information safety and security and financial results).

d/ Dossiers of application for licenses defined at Points a, b and c of this Clause 5.1 must each be made in four (4) sets, including one original and three copies.

5.2. Place for reception of dossiers of application for licenses: The Ministry of Post and Telematics, 18 Nguyen Du Street, Hanoi.

5.3. Licensing procedures

The Ministry of Post and Telematics shall evaluate dossiers of application for licenses or act as the sole agency in gathering evaluation opinions of relevant State management agencies regarding such dossiers.

a/ Checking the validity of dossiers of application for licenses:

- The validity of a dossier shall be checked in terms of:

+ The number of required dossier sets and the documents required for each set;

+ The full contents of the papers in such a dossier and their consistency;

In cases where a dossier is invalid under regulations, within 20 days after receiving it, the Ministry of Post and Telematics shall notify the concerned enterprise in writing of the contents which must be supplemented or amended and guide the latter in completing the dossier according to regulations.

b/ Evaluating dossiers of application for licenses

- Evaluating the legal status in terms of:

+ Business registration certificates;

+ Organization and operation charters of enterprises.

- Evaluating the suitability and socio-economic benefits in terms of:

+ The schemes' suitability with the planning, orientations and strategies for development of the post market;

+ Socio-economic benefits which may be brought about by enterprises (number of jobs to be created, levels of contribution to the State and other benefits).

- Conducting field inspection of measures to ensure network safety and information security:

+ Conducting field inspection of the service exploitation process (if necessary).

c/ Granting licenses

- Within 60 days from the date of receiving valid dossiers of application for licenses, the Ministry of Post and Telematics shall have to evaluate such dossiers and grant licenses according to a set form. If refusing to grant licenses, the Ministry of Post and Telematics must notify in writing the concerned enterprises of the reasons therefor.

- The terms of licenses shall be determined on the basis of the service provision scale and area and requests of enterprises but must not exceed 10 years. In case of testing, licenses shall be valid for not more than one year.

5.4. Renewing licenses upon their expiration

a/ Six months before the expiration of their licenses, if enterprises wish to continue dealing in mail delivery service business, they must send dossiers of application for license renewal to the Ministry of Post and Telematics.

b/ Dossiers of application for license renewal shall each comprise:

- The application for a new license;

- The report on business results;

- The scheme on service provision in the subsequent period;

- The copy of the valid license and relevant documents.

c/ Dossiers of application for license renewal shall each be made in four sets, including one original and three copies.

d/ The procedures for renewing licenses shall be carried out in the order provided for at Point 5.3, Section II of this Circular but the handling time limit shall not exceed 30 days from the date the valid dossiers are received.

5.5. Re-granting mail delivery service business licenses

a/ Re-granting in case,of loss of licenses

- When losing their licenses, enterprises must report it to the nearest police offices, send notices to the Ministry of Post and Telematics and announce it on the mass media thrice consecutively.

- 30 days after making public announcement, if enterprises cannot find their licenses, they shall each send a set of dossier to the Ministry of Post and Telematics, requesting the re-grant of licenses. Such a dossier comprises:

+ An application for license re-grant;

+ The police office's written certification of the license loss report;

b/ Re-granting in case of torn or tattered mail delivery service business licenses

In cases where their licenses are torn or tattered, enterprises shall each send a dossier set to the Ministry of Post and Telematics, requesting the re­grant of licenses. Such a dossier comprises:

+ The written request for license re-grant;

+ The torn or tattered original license.

c/ Within 10 working days after receiving the valid dossiers, the Ministry of Post and Telematics shall re-grant licenses (according to a set form) to enterprises, which shall have the same numbers as the lost, torn or tattered ones. The re-granted licenses must contain the time and date of re-grant.

6. Amending licenses

6.1. Enterprises must send dossiers requesting the amendment of their licenses as provided for at Point 1, Article 24 of the Decree to the Ministry of Post and Telematics, if they wish to amend one of the following contents of their licenses:

a/ The name of the enterprise;

b/ The service-provision scope.

6.2. A dossier requesting license amendment shall be made in four sets, including one original and three copies.

6.3. The procedures for amendment of licenses shall be carried out in the order provided for at Point 5.3, Section II of this Circular but the handling time limit shall not exceed 30 days from the date the valid dossiers are received.

6.4. Changes relating to enterprises' dossiers of application for licenses (heads of enterprises: their names, addresses and telephone numbers; service quality criteria; service prices and charges; service supply and provision contracts; compensation for damage, and other changes) must be notified in writing to the Ministry of Post and Telematics within seven days before such changes take effect.

7. Withdrawing licenses

7.1. The Ministry of Post and Telematics shall withdraw licenses in the cases stipulated at Point 1, Article 25 of the Decree, under decisions made according to a set form.

7.2. As from the date the decisions on withdrawal of their licenses take effect, enterprises must terminate the performance of contracts on provision and use of mail delivery services. Within 30 days from the effective date of the decisions on withdrawal of their licenses, enterprises must liquidate all service provision and use contracts already reached with their customers.

III. REGISTRATION OF MAIL DELIVERY AGENCY FOR FOREIGN DELIVERY ORGANIZATIONS

1. Contracts on mail delivery agency for foreign delivery organizations shall take effect after the Ministry of Post and Telematics certifies the registration of agency.

2. Registration of agency

2.1. An agency registration dossier shall be made in one set and comprise the following papers:

a/ The application for registration of agency for a foreign delivery organization, made in two originals according to a set form;

b/ The copy of the international mail delivery service license (for domestic enterprises) or the notarized copy of the investment license (for foreign-invested enterprises) of the agent­enterprise;

c/ Documents proving the legal person status of the foreign delivery organization;

d/ The agency contract;

e/ The model contract on service provision and use and relevant documents;

f/The service price and charge table and quality standards; compensation principles and levels.

2.2. Agency registration procedures

a/ The Ministry of Post and Telematics shall check the validity of dossiers of application for licenses in terms of the number of documents required in each dossier as well as the full contents of the papers and their consistency in the dossier; verify the legal status of the involved parties based on the international mail delivery service business licenses (for domestic enterprises) or investment  licenses (for foreign-invested enterprises) of enterprises that wish to act as agents and documents proving the legal person status of foreign delivery organizations.

In cases where dossiers are invalid under regulations, within five days after receiving them, the Ministry of Post and Telematics shall issue notices to enterprises (according to a set form), on the contents which need to be amended or supplemented, and guide the latter to complete the dossiers according to regulations.

b/ Within ten days after receiving a valid agency registration dossier, the Ministry of Post and Telematics shall record the reception of such dossier in a book, certify agency registration in the enterprise's application and return one original to the enterprise in the quickest way.

IV. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in "GONG BAO". All previous regulations contrary to this Circular are hereby annulled.

2. In the course of implementation, if problems arise, they should be reported to the Ministry of Post and Telematics for consideration and settlement.