JOINT CIRCULAR

GUIDING THE OPENING AND CHECKING OF MAILS AND GOODS PACKAGES SENT VIA PUBLIC POSTAL NETWORKS AND DELIVERY NETWORKS FOR THE PURPOSE OF DETECTING DRUG-RELATED CRIMES

Pursuant to the December 9, 2000 Law on Drug Prevention and Control-Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the Government's Decree No. 99/2002/ ND-CP of November 27, 2002, providing for conditions, procedures, competence and responsibilities of specialized drug-related crime prevention and control agencies under the people's police force;
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;
Pursuant to the Prime Minister's Decision No. 190/ 2004/QD-TTg of November 8, 2004, on management of delivery services;
The Ministry of Public Security and the Ministry of Post and Telematics hereby jointly guide the opening and checking of mails and goods packages sent via public postal networks and delivery networks for the purpose of detecting drug-related crimes as follows:

I. GENERAL PROVISIONS

1. Scope of regulation and objects of application

This Circular guides specifically the opening and checking of mails and goods packages which are sent domestically, from Vietnam abroad or from abroad into Vietnam via public postal networks or courier networks for the purpose of detecting drug-related crimes.

2. Opening and checking principles

2.1. The opening and checking of mails and goods packages shall strictly be based on the grounds and follow the order, procedures and competence guided in this Circular.

2.2. To strictly prohibit the taking advantage or abuse of opening and checking of mails and goods packages to infringe upon the legitimate rights and interests of individuals, agencies or organizations.

2.3. To strictly prohibit the disclosure of the time, place and content of mails and goods packages before, during and after the opening and checking.

2.4. Those who commit acts of violating the provisions of Points 2.1, 2.2 and 2.3 above or obstructing the opening or checking of mails and goods packages shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; and if causing damage, they must pay compensations therefor according to the provisions of law.

3. Coordination responsibilities

3.1. Specialized drug-related crime prevention and control agencies under the people's police force (hereinafter referred to as specialized police agencies) shall have to closely coordinate with enterprises in opening and checking mails and goods packages to ensure that the quality of the enterprises' services shall not be affected.

3.2. Enterprises shall have to closely coordinate with specialized police agencies in opening and checking mails and goods packages.

4. In this Circular, the terms below shall be construed as follows:

4.1. Mails mean items and packages which are sent via public postal networks.

4.2. Sent goods mean letters and goods packages which are sent via courier networks.

4.3. Post offices mean establishments which operate, exploit and provide Vietnam Post's services.

Post offices include all major post centers, post agents and kiosks and communal post-cultural points.

4.4. Original post offices mean post offices which receive senders' mails for delivery to recipients.

4.5. Delivery post offices mean post offices which deliver mails to recipients.

4.6. Public postal networks include major post centers, original post offices, delivery post offices, service points, and public mailboxes, which are interconnected by transportation and delivery routes.

4.7. Transaction establishments mean establishments which operate, exploit and provide delivery enterprises' services.

4.8. Original transaction establishments mean transaction establishments which receive senders' goods for delivery to recipients.

4.9. Delivery transaction establishments mean transaction establishments which deliver goods to recipients.

4.10. Delivery networks mean networks set up and managed by enterprises of all economic sectors for the provision of services of delivering mails and goods packages according to the provisions of law on post and telecommunications and other provisions of law on transportation of goods.

4.11. Specialized police agencies include:

a/ The Police Department for Investigation of Drug-Related Crimes under the Public Security Ministry.

b/ Police Sections for Investigation of Drug-Related Crimes or other Investigation Police Sections functioning to investigate drug-related crimes (in localities where Police Sections for Investigation of Drug-Related Crimes have not yet been set up) under provincial/municipal Police Departments (hereinafter referred to as provincial-level police agencies).

c/ Police Teams for Investigation of Drug-Related Crimes or other Investigation Police Teams functioning to investigate drug-related crimes (in localities where Police Teams for Investigation of Drug-Related Crimes have not yet been set up) under Police Sections of rural/urban districts and provincial towns and cities (hereinafter referred to as district-level police offices).

II. BASES FOR, AND COMPETENCE TO DECIDE ON, THE OPENING AND CHECKING OF MAILS AND SENT GOODS

1. Bases for issuing decisions on the opening and checking of mails and sent goods

Decisions on the opening and checking of mails and sent goods shall be issued only when there are the following pieces of information or documents reporting that mails and sent goods contain narcotics, pre-substances, habit-forming substances or psychotropics:

1.1. Documents found through investigation of drug-related cases or other cases.

1.2. Information or documents obtained from activities of service-providing enterprises.

1.3. Information reporting drug-related crimes.

2. Competence to issue decisions on the opening and checking of mails and sent goods

2.1. The director or deputy directors of the Police Department for Investigation of Drug-Related Crimes under the Public Security Ministry.

Heads or deputy heads of Police Sections for Investigation of Drug-Related Crimes or other Investigation Police Sections functioning to investigate drug-related crimes (in localities where Police Sections for Investigation of Drug-Related Crimes have not yet been set up) under provincial-level Police agencies).

2.3. Chiefs or deputy chiefs of district-level police offices in charge of investigation police.

3. Decisions on the opening and checking of mails and sent goods

3.1. Mails or sent goods may be opened and checked only upon written decisions of competent persons defined in Section 2, Part II of this Circular.

3.2. Such decisions shall be made according to a set form.

4. Suspension of delivery of mails and sent goods before issuance of opening and checking decisions

4.1. In case of emergency, in order to discover and prevent in time possible harmful consequences and effects of drug-related crimes, responsible officers of specialized police agencies (hereinafter referred to as officers of specialized police agencies) may request enterprises to suspend the delivery of mails or sent goods. Such request shall be made in two copies according to a set form, one of them to be kept by specialized police agencies and the other by enterprises.

4.2. When enterprises doubt or discover that mails or sent goods contain narcotics, pre-substances, habit-forming substances or psychotropics, they must suspend the delivery of such mails or sent goods and report thereon immediately to specialized police agencies or nearest police offices.

4.3. Within 48 hours from the time of suspension of the delivery of mails or sent goods, competent persons defined in Section 2, Part II of this Circular shall issue decisions on the opening and checking of mails or sent goods. Past the above-said time limit, if specialized police agencies do not issue such decisions, enterprises may continue with the delivery of such mails or sent goods.

III. ORDER AND PROCEDURES FOR OPENING AND CHECKING MAILS OR SENT GOODS

1. Opening mails or sent goods

When having decisions on the opening and checking of mails or sent goods, enterprises shall immediately assign at least two employees to open mails or sent goods to the witness of officers of specialized police agencies. Where mails or sent goods are in many packages, to open only those packages which are requested to be opened by officers of specialized police agencies.

2. Checking of mails or sent goods

Mails or sent goods shall be checked by at least two officers of specialized police agencies to the witness of enterprises' employees.

3. Places for opening and checking mails or sent goods

3.1. Mails or sent goods may be opened and checked only at original post offices, delivery post offices, original transaction establishments or delivery transaction establishments.

3.2. In case of emergency, in order to stop mails or sent goods containing narcotics, pre-substances, habit-forming substances or pshycotropics in the course of delivery, mails or sent goods shall be opened and checked at the nearest post office. Sent goods shall be opened and checked at the nearest transaction establishment or office of the police or the People's Committee of commune, ward or township (hereinafter referred to as commune-level).

4. Witnessing the opening and checking of mails or sent goods

Apart from the persons defined in Sections 1 and 2, Part III of this Circular, the opening and checking of mails or sent goods shall also be witnessed by one of the persons defined at Point 4.1 or 4.2 below:

4.1. In case of opening and checking at original post offices, delivery post offices, nearest post offices, original transaction establishments, delivery transaction establishments or nearest transaction establishments:

a/ Heads of post offices or their authorized persons.

b/ Heads of transaction establishments or their authorized persons.

c/ Heads of enterprises or their authorized persons.

4.2. In case of opening and checking at nearest offices of police agencies or offices of commune-level People's Committees: representatives of police agencies or representatives of commune-level  People's Committees of places where sent goods are opened and checked.

5. Records on the opening and checking of mails or sent goods

5.1. The opening and checking of mails and sent goods must be recorded in writing according to a set form.

5.2. Procedures for making and signing records:

a/ Where opening, checking and witnessing persons agree with the content of the record, they shall all sign at the bottom of the record and sign for certification on each page thereof. In case of disagreeing with the content of the record, the disagreeing persons shall write by themselves their opinions on the record, sign, and write their full names.

b/ An opening and checking record shall be made in three copies, one of them to be kept by specialized public security agencies, one by enterprises, and the last to be sent as a notification by enterprises to senders or recipients if such notification does not cause difficulties to the investigation and is consented in writing by specialized police agencies. In case of non-notification, enterprises shall keep such copy.

6. Post-opening and -checking disposal

6.1. Disposal of articles which are suspected of being narcotics, pre-substances, habit-forming substances or psychotropics

a/ After opening and checking mails or sent goods, if detecting articles suspected of being narcotics, pre-substances, habit-forming substances or psychotropics, enterprises' employees must separate such articles from others in the mails or sent goods, while officers of specialized police agencies take samples thereof for assessment. Such sampling must be written in the records on the opening and checking of mails or sent goods, with the specifications, quantity or volume of taken samples explicitly indicated.

b/ Enterprises' employees shall have to pack up, seal and preserve substances suspected of being narcotics, pre-substances, habit-forming substances or psychotropics. On the seals there must be the signatures and full names of all persons who have conducted and witnessed the opening and inspection of mails or sent goods.

c/ Pending assessment conclusions, articles suspected of being narcotics, pre-substances, habit-forming substances or psychotropics must be suspended from delivery. The assessment duration shall be no more than 7 working days from the time of sampling. In special cases where the above-said duration needs to be extended, the general director or a deputy general director of the General Department of Police or directors or deputy directors of provincial-level police agencies shall send documents thereon to directors of provincial-level Post Departments, directors of regional Post Centers or heads of delivery enterprises.

d/ If the assessment concludes that articles are narcotics, pre-substances, habit-forming substances or psychotropics, competent persons defined in Section 2, Part II of this Circular shall issue decisions on confiscation or temporary seizure of such articles.

e/ If the assessment concludes that articles are not narcotics, pre-substances, habit-forming substances or psychotropics, competent persons defined in Section 2, Part II of this Circular shall immediately make written notices thereon so that enterprises can continue delivering such articles.

6.2. Disposal of other objects in mails and sent goods:

a/ For other objects in mails and sent goods, which are not subject to confiscation or temporary seizure, enterprises shall have to pack or wrap them up, ensuring their original conditions and continue delivering them, except the case mentioned at Point c of this Item.

b/ If the continued delivery of such objects would cause difficulties to the investigation of the cases, competent persons defined at Points 2.1 and 2.2, Section 2, Part II of this Circular may request in writing enterprises to suspend the delivery. The duration of suspension of delivery of mails and sent goods shall be no more than 7 working days after such written request is signed.

In special cases where the above-said duration needs to be extended for keeping confidential the cases, the general director of the General Department of Police or directors of provincial-level police agencies shall send documents thereon to directors of provincial-level Post Departments, directors of regional Post Centers or heads of delivery enterprises.

c/ If detecting that objects or documents are material evidences of the cases or related to other crimes, or are subject to storage or circulation ban, competent persons defined in Section 2, Part II of this Circular shall issue decisions on confiscation or temporary seizure thereof. Responsible officers of specialized police agencies shall confiscate or temporarily seize the objects and transfer them to competent agencies for disposal according to the provisions of law.

6.3. Confiscation and temporary seizure procedures:

a/ Officers of specialized police agencies and enterprises' employees shall implement confiscation or temporary seizure decisions. The confiscation or temporary seizure must be recorded in writing according to a set form and to the witness of any of the persons defined in Section 4, Part III of this Circular.

b/ Where persons conducting and witnessing the confiscation or temporary seizure agree with the content of the record, they shall all sign at the bottom of the record and sign for certification on each page thereof. Those who disagree with the content of the record shall write by themselves their opinions on the record, sign, and write their full names.

c/ A confiscation or temporary seizure record shall be made in three copies, one of them to be kept by specialized police agencies, one to be kept by enterprises, and the last one to be sent as a notification by enterprises to senders or recipients if such notification will not cause any difficulties to the investigation and is consented in writing by specialized police agencies. In case of non-notification, enterprises shall keep such copy.

IV. ORGANIZATION OF IMPLEMENTATION

1. Complaints and denunciations and the settlement of complaints and denunciations related to the opening and checking of mails and sent goods for the purpose of detecting drug-related crimes shall comply with the provisions of law on settlement of complaints and denunciations.

2. The Public Security Ministry and the Post and Telematics Ministry shall direct, guide and inspect the implementation of this Circular by their attached units and concerned enterprises.

3. Agencies, units and enterprises should promptly report any problems arising in the course of implementation to the two ministries for consideration, guidance, amendment or supplementation.

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