Thông tư 02/2012/TT-BTTTT

CIRCULAR

DETAILING THE SUPPLY AND USE OF POSTAL SERVICES

Pursuant to the Law on Post of June 17, 2010;

Pursuant to the Government's Decree No.47/2011/ND-CP of June 17, 2011, detailing some articles  of the Law on Post;

Pursuant to the Government's Decree No.187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communications;

The Minister of Information and Communications promulgates this Circular detailing the supply and use of postal services.

Chapter I

SUPPLY AND USE OF POSTAL SERVICES

Article 1. Written contracts on supply and use of postal services

1. Written contracts on supply and use of postal services (hereinafter referred to as contracts) used in the course of supplying postal services must comply with the contract form having reported to the competent state agency in charge of post.

2. In case a postal service supplier and sender sign other agreements relating to the contract, these agreements shall be considered as an integral part of such contract.

Article 2. Documents certifying the acceptance of postal parcels, documents evidencing the postal sending

1. Documents certifying the acceptance of postal parcels between postal service suppliers and senders are legally valid like as written contracts signed between parties when satisfying Clauses 1 and Clause 2, Article 9 of the Law on Post.

2. A document evidencing the use of services must include at least the following content:

a/ The particular number and sign of the postal parcel as prescribed by the service supplier;

b/ Certifying sign of the service supplier;

c/ Time of accepting the postal parcels.

Article 3. Information defining time and place of accepting postal parcels

1. Information defining time and place of accepting postal parcels is expressed in the following forms:

a/ Being stamping of date;

b/ Being handwritten;

c/ Printing; 

d/ Sticking labels.

2. Postal service suppliers shall ensure the accuracy of information concerning time and places of postal parcel acceptance compared to the actual time and places of postal parcel acceptance.

Article 4. Information on postal services

1. Before signing contracts, postal service suppliers shall supply fully information concerning their services to service users.

2. Information concerning postal services includes content as follows:

a/ Types of service;

b/ Quality of service;

c/ Charge rates of service;

d/ Principles of damage compensation;

dd/ Levels of damage compensation;

e/ Rights and obligations of postal service suppliers;

g/ Rights and obligations of postal service users;

h/ Other relevant information.

Article 5. Notification of postal service charge rates

Changes in charge rates of postal services being applied and charge rates of newly arising postal services must be notified in writing by postal service suppliers (according to the form specified in Appendix I) to the competent state agency that has granted the postal service licenses or documents certifying the notification of postal activities within 30 days from the effective date of the new charge rate.

Chapter II

DAMAGE COMPENSATION

Article 6. Damage compensation for international postal services

The compensation for damage in the supply and use of international postal services shall be implemented under agreed contents in contracts between service suppliers and senders, and must be suitable with Vietnam's provisions on damage compensation in postal activities.

Article 7. Service charge refund

1. Service charge refund means refund the collected charge amounts by postal service suppliers to postal service users.

These charge amounts are exclusive of taxes, fees and charges already paid to competent state agencies.

2. The refund of taxes, fees and charges implements under relevant laws.

Article 8. Damage compensation on the grounds of actual damage

1. Damage compensation on the grounds of actual damage means compensation according to the actual volume of postal parcels being lost, spoiled or partially swapped.

2. The actual volume of lost, spoiled or partially swapped postal parcels shall be determined on the basis of the remaining volume compared to the whole volume of postal parcels upon accepting.

3. Persons claiming compensation shall provide concerned documents for use as an initial basis in order to determine actual damage of postal parcels.

Article 9. A written determining the liability for damage compensation

1. The determining the liability for damage compensation must be made in writing by the liable party.

2. A written determining the liability for damage compensation shall include main content as follows:

a/ Information concerning the postal parcel, sender, recipient;

b/ Place, date, month, year of accepting the postal parcel;

c/ Reason of damage compensation;

d/ The liability for damage compensation;

e/ Damage compensation levels;

f/ The implementing mode of damage compensation;

g/ Time limit for damage compensation;

Article 10. Exchange rate conversion

1. The exchange rate between SDR and USD is announced daily on the website of the International Monetary Fund at http://www.imf.org.

2. The exchange rate between USD and VND is applied according to the average transaction exchange rate on the inter-bank foreign currency market announced by the State Bank of Vietnam at the time of making the written determining the liability for damage compensation.

Chapter III

IMPLEMENTATION PROVISIONS

Article 11. Implementation provisions

This Circular takes effect from May 1, 2012.

During the course of implementation, any difficulties and problems arising should be promptly reflected by organizations, individuals to the Ministry of Information and Communications for consideration and settlement.