Thông tư 26/2014/TT-BTTTT

CIRCULAR

DETAILING THE IMPLEMENTATION THE GOVERNMENT'S DECREE NO. 187/2013 / ND-CP DATED NOVEMBER 20, 2013 ON THE IMPORT OF POSTAGE STAMPS

Pursuant to the Law on post dated June 17, 2010;

Pursuant to the Government's Decree No. 132/2013 / ND-CP dated October 16, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications ;

Pursuant to the Government's Decree No. 47/2011 / ND-CP dated June 17, 2011, detailing the implementation of a number of contents of the Law on post;

Pursuant to the Government's Decree No. 187/2013 / ND-CP dated November 20, 2013, detailing the implementation of the Law on Commerce on international commodity trading and operations of agency purchasing, selling , processing and transiting goods with foreign countries ;

Pursuant to the Prime Minister’s Decision No. 41/2005 / QD-TTg dated March 2, 2005 promulgating the Regulation on licensing to import goods;  

At the request of the Director of the Department of Post,

The Minister of Information And Communications promulgates the Circular detailing the implementation of the government's decree No. 187/2013 / ND-CP dated November 20 , 2013 on the import of postage stamps

Article 1. Scope of regulation and regulated entities

1. This Circular defines the conditions and procedures for granting, regranting the import licences; the cases of exemption from postage stamp import licenses, postage stamp publications and postage stamp products ( hereinafter referred to as postage stamps) under the management of the Ministry of Information and Communications.

2. This Circular applies to organizations and individuals participating in the import of postage stamps.

Article 2. Term interpretation

In this Circular, the terms below are construed as follows :

1. Postage stamp means a printed matter issued under a decision of a competent agency in charge of post for prepaying rates of postal services on the public postal network and recognized by the Universal Postal Union.

2. Postage stamp publication means a printed matter printed or glued postage stamps and issued under a decision of a competent agency in charge of post to serve users of postal services and postage stamp collectors.

3. Postage stamp product means a product that is presented, introduced, or illustrated by postage stamps.

Article 3. Postage stamps banned from export or import

1. Counterfeit postage stamps.

2. Postage stamps with contents, images, symbols, signs inciting or provoking hatred among nations, nationalities, religions; oppose the Socialist Republic of Vietnam or contrary to social ethics and fine traditions and customs of Vietnam;

3. Postage stamps withdrawn under the decision of competent State agencies .

4. Foreign postage stamps with inappropriate contents and origins as announced by postal agencies of member states of Universal Postal Union and philately associations. .

Article 4. Postage stamps temporarily imported for re-export; temporarily exported for re-import; transitted

Organizations and individuals temporarily importing for re-export; temporarily exporting for re-import; transitting postage stamps shall comply with the provisions of the Ministry of Industry and Trade’s Circular No. 05/2014 / TT-BCT dated January 27, 2014 defining the temporary import for re-export; temporary export for re-import and transit goods.

Article 5. Postage stamp import licences

1. Organizations and individuals importing postage stamps on the list specified in Appendix I enclosed herewith this Circular shall follow procedures for obtaining the postage stamp import licence.

2. Postage stamp import licence shall be used to import postage stamps once within one (01) year from the date of signing and shall not be renewed.

Article 6. Exemption from postage stamp import licences

Organizations and individuals importing postage stamps under the following circumstances shall be exempted from obtaining the postage stamp import licence

1. Postage stamps of member states of Universal Postal Union are imported under the provisions of the Convention Universal Postal Union .

2. The total number of stamps of various categories is fewer than 500 and the stamps are not on the lists of stamps defined in Article 3 of this Circular.

3. Vietnamese postage stamps are printed abroad under the decision of the Ministry of Information and Communications.

Article 7. Procedures for granting postage stamp import licences

1. An application for the postage stamp import licence shall be made in one (01) set, including:

a) A written request for postage stamp import licence using the form in Appendix II of this Circular;

b) A copy of the certificate of business registration or Investment certificate in Vietnam stamped by the applicant itself (if the applicant is an organization) or identity card or passport of the applicant (if the applicant is an individual);

c) A template or copy of the imported postage stamp

2. Application receipt and result return address

a) Application receipt address

The application for postage stamp import licence shall be submitted by post or directly to the Ministry of Information and Communication (Department of Post) at No. 18 Nguyen Du Street, Hai Ba Trung District, Hanoi; Phone: 0438226625; Fax: 04 38226954.

b) Result return address

 The Ministry of Information and Communications shall send the postage stamp import licence by post to the address of the applicant for the postage stamp import licence or the applicant shall receive it directly in the licensing agency .

3. Procedures for granting postage stamp import licence

a) If the application meets the provisions in paragraph 1 of this Article, the postage stamp import licence shall be granted within seven (07) working days from receipt of such application. In case the application is rejected , the Ministry of Information and Communications shall notify in writing and state clearly the reasons.

b) If the application does not meet the provisions of paragraph 1 of this Article, within three (03) working days from receipt of such application, the Ministry of Information and Communication shall make a notice of necessary adjustments and supplementations. Within five (05) working days from the date of notice, the applicant shall complete the application as required. If the application is not completed as required, the Ministry of Information and Communications shall notify in writing the refusal to grant the postage stamp import license within five (05) working days from the expiration of the notice.  

Article 8. Regranting postage stamp import license

1. Organizations and individuals importing postage stamps must request a re-grant of the import licence in the case of loss, damage or any change in the content on the license.

2. Procedures for regranting the import licence

a) An application for regranting the postage stamp import licence shall include:

- A written request for regranting the import licence using the form in Appendix IV of this Circular;

- Copies of documents relating to the changed content on the licence (if any);

b) Application receipt address shall be specified at Point a, Clause 2, Article 7 of this Circular;

c) Solution duration: If the application of regranting the import licences meets the regulations, within three (03) working days, the Ministry of Information and Communications shall regrant the import licence to the applicant/importer .

Article 9. Fees for granting and regranting import licence

Organizations and individuals importing postage must pay a fee for granting or regranting the import licence under the provisions of the Ministry of Finance’s Circular No. 185/2013 / TT- BTC dated December 4, 2013 defining level, collection, payment, management and use of fees for verification the operational conditions and granting the postal operation licence.

Article 10. Implementation

1. This Circular takes effect from February 16 , 2015.

2. From the date of this Circular takes effect, the provisions on import of postage stamps of the Ministry of Information and Communications' Circular No. 14/2011 / TT-MIC dated June 7, 2011 detailing the implementation of the Government's Decree No. 12/2006 / ND-CP dated January 23, 2006 on goods subject to management of the Ministry of Information and Communications shall expire.  

3. The Chief officers, the Director of the Department of Post, the Heads of related units of the Minsitry shall implement this Circular./.

APPENDIX I

LIST OF POSTAGE STAMPS REQUIRED IMPORT LICENCES
(Enclosed herewith the Ministry of Information and Communications’ Circular No. 26/2014 / TT-MIC dated December 30, 2014 )