Nghị định 25/2022/ND-CP

DECREE

AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 47/2011/ND-CP DATED JUNE 17, 2011 ON ELABORATION OF SOME CONTENTS OF THE LAW ON POST

Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

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

At the request of the Minister of Information and Communications;

The Government hereby promulgates a Decree on amendments to some Articles of the Government’s Decree No. 47/2011/ND-CP dated June 17, 2011 on elaboration of some contents of the Law on Post.

Article 1. Amendments to some Articles of the Government’s Decree No. 47/2011/ND-CP dated June 17, 2011 on elaboration of some contents of the Law on Post

1. Clause 4 of Article 2 is amended as follows:

“4. “inter-provincial supply of postal services” means the supply of postal services in two provinces or central-affiliated cities or more”.

2. Clauses 1 and 2 of Article 4 are amended as follows:

“1. When transferring capital, transferring an investment project, suspending an investment project, extend the schedule of an investment project, terminate an investment project or liquidate an investment project or making other adjustments to an investment project, the investor shall comply with regulations of law on investment and notify the competent authority issuing the postal license or written confirmation of postal activity notification (hereinafter referred to as “the issuing authority”).

2. The investment project transfer prescribed by regulations of law on investment does not involve the transfer of the postal license or written confirmation of postal activity notification, except where the investment project transfer is associated with the transfer of the entire enterprise.”

3. Title of Chapter III is amended as follows:

“Chapter III

SUPPLY AND USE OF POSTAL SERVICES”

4. Article 6 is amended as follows:

a) Clause 1 is amended as follows:

“1. An application for postal license, comprising original copies of required documents, shall be prepared.

b) Points b, c and l of clause 2 are amended and point m is added to clause 2 as follows:

“b) A copy of the enterprise registration certificate;

c) Enterprise’s charter (if any);”

“l) Document about the legal status of the foreign partner specified in point k clause 2 of this Article, which has undergone consular legalization;”

“m) A franchise agreement (if any) with the enterprise supplying postal services.”

c) Point a of clause 3 is amended as follows:

“a) Information about the enterprise, including name, address, telephone number, fax and email of its head office, representative office and branch, its business location, its website (if any), and other relevant information;”

5. Article 7 is amended as follows:

a) Point b of clause 1 is amended as follows:

“b) The documents specified in points b, dd, e, g, h, i and m clause 2 and point e clause 3 Article 6 of this Decree.”

b) Points d and dd of clause 2 are amended as follows:

“d) An agreement with the foreign partner in Vietnamese language;”

“dd) Document about the foreign partner’s legal status, which has undergone consular legalization”

6. Article 8 is amended as follows:

“Article 8. Procedures for issuing postal licenses and written confirmations of postal activity notification

1. Any enterprise or organization applying for issuance of a postal license or written confirmation of postal activity notification shall submit an application through the online public service system to the postal authority specified in Article 9 of this Decree and take responsibility for its legitimacy, accuracy and truthfulness.

A postal activity shall be notified within 07 working days from the date of commencement of the postal activity.

2. Within 03 working days from the receipt of the application, the postal authority shall refuse to issue the postal license or written confirmation of postal activity notification if the issuance thereof is outside its jurisdiction prescribed in Article 9 of this Decree and shall clearly state the reasons for its refusal.

3. From the receipt of the application, the postal license or written confirmation of postal activity notification shall be issued within:

a) 20 days in the case of application verification and issuance of the postal license;

b) 10 days in the case of application verification and issuance of the written confirmation of postal activity notification.

4. Within the time limit specified in clause 3 of this Article, if the application fails to satisfy the regulation, the postal authority shall notify the enterprise or organization of the contents that need to be modified.

5. Within 15 working days from the date of notification, the enterprise or organization shall modify the application as requested.

If the enterprise or organization fails to modify the application as requested or modifies the application but the application remains unsatisfactory, the postal authority shall refuse to issue the postal license or written confirmation of postal activity notification and clearly state the reasons for its refusal.

6. The notification in clauses 2, 4 and 5 of this Article by the postal authority shall be made in writing through the online public service system.

7. The result of processing of the application for issuance of postal license or written confirmation of postal activity notification shall be given in person or through the public postal service.”

7. Article 9 is amended as follows:

a) Title of Article 9 is amended as follows:

“Article 9. Power to issue and revoke postal licenses; issue written confirmations of postal activity notification”

b) Point a of clause 1 is amended as follows:

“a) Issue and revoke the postal license in case of supplying mailing services within a province;”

c) Point a of clause 2 is amended as follows:

“a) Issue and revoke the postal license in case of inter-provincial and international supply of mailing services;”

8. Article 10 is amended as follows:

“1. The following shall be notified in case of a change:

a) Legal representative;

b) Phone number of the legal representative;

c) Charter capital of the enterprise;

d) Postage rates of postal services;

dd) Quality criteria applicable to postal services;

e) Form of the contract for supply and use of postal services;

g) Regulations on complaints and provision of compensation in relation to postal services provided by the enterprise.

2. Within 07 working days from the change of any of the content specified in clause 1 of this Article, the enterprise or organization shall issue a written notification (using the form in the Appendix III) or through the online information system under the guidance of the Ministry of Information and Communications to the issuing authority.

3. If the change to the content specified in point d, dd, e or g clause 1 of this Article is not conformable with regulations of law on post, within 05 working days from the receipt of the notification of change, the issuing authority shall send a written notification of modifications to be made to the enterprise or organization.

Within 05 working days from the date of notification, the enterprise or organization shall make the modifications as requested.”

9. Article 11 is amended as follows:

“Article 11. Modifications to postal licenses and written confirmations of postal activity notification

1. In case of modification to any content specified in the issued postal license or written confirmation of postal activity notification, the enterprise or organization shall follow procedures for modifying it.

The modification shall be made by the issuing authority.

2. The application for modification to the postal license or written confirmation of postal activity notification shall be submitted through the online public service system to the issuing authority.

3. The application for modification contains:

a) An application form for modification (using the form in the Appendix IV);

b) Documents concerning the modifications.

4. Within 10 working days from the receipt of the application, the issuing authority shall carry out verification and modify the postal license or written confirmation of postal activity notification.

In case of rejection of the application, within 05 working days from the receipt of the application, the issuing authority shall notify the enterprise or organization in writing of the reasons for its rejection through the online public service system.

5. Where the scope of supply of postal services is modified resulting in a change to the power to issue the postal license or written confirmation of postal activity notification, the enterprise or organization shall submit the same application and follow the same procedures as those for issuance of a new postal license or written confirmation of postal activity notification.

6. The result of processing of the application for modification to the postal license or modified written confirmation of postal activity notification shall be given in person or through the public postal service.”

10. Article 12 is amended as follows:

a) Clause 1 is amended as follows:

“1. 30 days prior to the expiry date of the postal license, the enterprise supplying postal services (hereinafter referred to as “postal service supplier”)  that wish to keep conducting its business shall prepare an application for re-issuance of the postal license and submit it through the online public service system to the authority issuing the postal license.”

b) Point dd of clause 2 is amended as follows:

“dd) The documents specified in points dd, e, g, h, i and m clause 2 Article 6 of this Decree, in case of any change to the documents in the latest application for issuance of the postal license.”

c) Clause 2a is added as follows:

 “2a. The result of processing of the application for re-issuance of the postal license in case of its expiry shall be given in person or through the public postal service.”

11. Article 13 is amended as follows:

a) Clause 1 is amended as follows:

“1. If the postal license or written confirmation of postal activity notification is lost or damaged and the enterprise or organization wishes to apply for re-issuance of such postal license or written confirmation of postal activity notification, they shall submit an application for re-issuance (using the form in the Appendix V) through the online public service system to the issuing authority.”

b) Clause 2a is added as follows:

“2a. The result of the application for re-issuance of postal license or written confirmation of postal activity notification in case of loss or damage shall be given in person or through the public postal service.”

c) Clause 3 is amended as follows:

“3. Within 07 working days from the receipt of the application form for re-issuance satisfying the regulation in clause 1 of this Article, the issuing authority shall re-issue the postal license or written confirmation of postal activity notification to the enterprise or organization.”

12. Clause 13a is added after Article 13 is amended as follows:

 “Article 13a. Procedures for revoking postal licenses

1. The authority issuing the postal license shall request in writing the enterprise committing the act specified in clause 1 Article 24 of the Law on Post to provide explanation, information and documents concerned within the time limit specified in the written request.

2. If the issuing authority works with the enterprise, a work minutes shall be made even when the enterprise fails to provide explanation, information or documents concerned as prescribed in clause 1 of this Article.

3. 10 working days after the expiry of the time limit specified in the written request in clause 1 of this Article, if the enterprise fails to provide explanation or the explanation is not conformable with regulations of law, the issuing authority shall issue a decision on license revocation.

4. The revocation by the issuing authority shall be carried out by announcing the invalidation of the license. The invalidation announcement shall be published on the web portal of the issuing authority and notified to the authority issuing the enterprise registration certificate and relevant competent authorities.”

13. Article 14 is amended as follows:

“Article 14. Fees

1. The enterprise or organization issued with the postal license or written confirmation of postal activity notification shall pay a fee for appraisal of fulfillment of conditions for postal activities as prescribed by law.

2. Amount, management and use of the fee for appraisal of fulfillment of conditions for postal activities shall comply with regulations prescribed by the Ministry of Finance.”

14. Clause 15a is added after Article 15 as follows:

 “Article 15a. Contract for supply and use of postal services, confirmation of mail acceptance

1. The contract for supply and use of postal services (in physical or electronic form) used during the supply of postal services must be consistent with the form of the contract specified in the application for issuance of the postal license or written confirmation of postal activity notification or the form already notified to the postal authority.

2. The confirmation of mail acceptance services (in physical or electronic form) between the postal service supplier and the sender has the same legal validity as that of the contract concluded in writing between the parties, unless otherwise agreed upon by the parties.

3. The contract for supply and use of electronic postal services and confirmation of mail acceptance shall comply with this Decree and law on e-transactions.

4. Every postal service supplier shall:

a) archive the documents specified in clauses 1 and 2 of this Article for at least 05 years;

b) provide the documents specified in clauses 1 and 2 of this Article to the competent authority as requested in writing or in cases permitted by the law.”

15. Clause 15b is added after Article 15 as follows:

 “Article 15b. Information about postal services, senders, recipients and mails

1. Before supplying a postal service, the supplier shall provide the service user with the following information (by adopting one or more methods such as posting at the service area, issuing a written notification or publishing on a website or another method):

a) Type of the service;

b) Service quality;

c) Postage rate of the postal service;

d) Principles of compensation for damage;

dd) Compensation for damage;

e) Rights and obligations of the supplier;

g) Rights and obligations of the user;

h) Other relevant information.

2. Before using the postal service, the sender shall provide the postal service supplier with information about the sender and the recipient and information about the mail, and take legal responsibility for the legitimacy of the information provided. To be specific:

a) Information about the sender and the recipient includes full name, address and phone number (if any).

b) Information about the mail includes contents of the package.

If the mail is required to be accompanied by documents during its transport as prescribed by law, the sender shall provide the originals or copies of invoices, licenses, certificates or other documents certified by competent authorities.

3. Information about the time and place of mail receipt shall be available in any of the following methods: date stamp, handwriting, printing, labelling or in electronic form.

4. The postal service supplier shall store information about the sender, the recipient and the mail specified in clause 2 of this Article for at least 01 year from the date on which such information is provided.”

16. Clause 15c is added after Article 15 as follows:

 “Article 15c. Disclosure of postage rates of postal services

1. Regulated entities:

a) Postal service suppliers;

b) Agents supplying postal services, which have the power to decide and adjust postage rates of postal services (hereinafter referred to as “postage rates”).

2. Information to be disclosed:

a) Postage rates expressed in VND, inclusive of tax and extra charge;

b) Other related information (if any).

3. Time of disclosure: form the date on which the enterprise or organization supplies a service.

4. Methods of disclosure: in one or more methods such as posting at the service area, issuing a written notification or publishing on a website or another method which facilitates the recognition by every organization and individual.

5. The disclosed postage rates must be consistent with those announced by the enterprise or organization to the postal authority.”

17. Article 15d is added after Article 15 as follows:

 “Article 15d. Announcement of postage rates

1. Regulated entities: the enterprises and organizations specified in clause 1 Article 15c of this Decree.

2. Information to be announced:

a) Changes to postal rates applicable to groups of customers;

b) Newly fixed postage rates applicable to groups of customers;

3. Receiving authority:

a) The postal authority issuing the postal license or written confirmation of postal activity notification, regarding the enterprise specified in point a clause 1 Article 15c hereof;

b) The local postal authority, regarding the organization specified in point b clause 1 Article 15c hereof.

4. The announcement shall be made in the form of a physical document or through the online information system under the guidance of the Ministry of Information and Communications.

5. Rights and responsibilities of the postal authority:

a) Reserve the right to use information concerning postage rates announced by the enterprise or organization for the purposes of analyzing, reviewing and predicting market price fluctuations, and building a database;

b) Have the responsibility to carry out supervision and inspection in relation to the announcement of postage rates as prescribed by law.

6. Rights and responsibilities of the enterprises and organizations specified in clause 1 of this Article:

a) Reserve the right to supply postage services at the announced postage rates;

b) Have the responsibility to announce the postage rates within 05 working days from the effective date of the postage rates to the postal authority specified in clause 3 of this Article; correctly apply and take responsibility for the accuracy and truthfulness of the disclosed and announced postage rates;

c) Be subject to the supervision and inspection by the postage authority.”

18. Article 15dd is added after Article 15 as follows:

 “Article 15dd. Postal service sales promotion

1. Doing postal service sales promotion shall comply with regulations of law on commerce.

2. In case of discount, the discount must not exceed 50% of the most recently disclosed and announced price.”

Article 2. Replacing and abrogating several regulations of the Government’s Decree No. 47/2011/ND-CP dated June 17, 2011 on elaboration of some contents of the Law on Post

1. The following Appendices are replaced:

a) Appendix I.

b) Appendix II.

c) Appendix III.

d) Appendix IV.

dd) Appendix V.

e) Appendix VII.

g) Appendix VIII.

2. Article 3; Article 5; point g clause 3 of Article 6; point c clause 2 Article 7; point c clause 2 Article 12; clause 2 Article 13; clause 5 Article 15; Appendix VI; Appendix IX; Appendix X are abrogated.

Article 3. Implementation clause

1. This Decree comes into force from June 01, 2022.

2. From the effective date of this Decree, the Circular No. 02/2012/TT-BTTTT dated March 15, 2021 of the Minister of Information and Communications shall cease to have effect.

3. The Minister, heads of ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of People’s Committees at all levels and organizations and individuals concerned are responsible for the implementation of this Decree.