Thông tư liên tịch 18/2015/TTLT-BTTTT-BTC

JOINT CIRCULAR

GUIDANCE ON HANDLING OF POSTAL PARCELS WITHOUT RECIPIENTS

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

Pursuant to the Government’s Decree No. 132/2013/NĐ-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. 215/2013/NĐ-CP dated December 23, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Finance;

The Minister of Information and Communications and the Minister of Finance promulgate the Joint Circular providing guidance on the handling of postal parcels (hereinafter referred to as parcels) without recipients.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Joint Circular regulates the handling of parcels without recipients in enterprises providing postal services.

Article 2. Regulated entities

This Circular applies to organizations and individuals in connection with the handling of parcels without recipients.

Article 3. Determination of parcels without recipients

1. Parcels are determined as having no recipients in the following cases:

a) Parcels rejected by recipients and refused to get back by senders (hereinafter referred to as rejected parcels)

b) Parcels undeliverable to recipients and not returnable to senders as prescribed in Clauses 1, 4, Article 17 of the Law on Post after six months since the parcel is accepted unless otherwise as regulated in Point a of this Clause (hereinafter referred to as undeliverable parcels) This time limit includes public disclosure of information as prescribed in Article 4 hereof.

2. Foundations for the determination of parcels as having no recipients include:

a) Parcels rejected by recipients as prescribed in Point a, Clause 1 of this Article:

a.1. Information about time of rejection by recipients;

a.2. Information about parcels rejected (Number sign (if any), peculiar signs of parcels; full name, address of senders, recipients on parcels and other relevant information);

a.3. Signatures, full name, information about ID cards or passports or papers identifying record of recipients; In case recipients are organizations, it is required to include stamps, signatures and full name of competent representatives of such organization.

b) Parcels undeliverable as prescribed in Point a, Clause 1 of this Article:

b.1. Reasons;

b.2. Signature, full name of staff delivering such parcel.

c) In case a written refusal to get the parcel back is issued by the sender when it is undeliverable, this document shall serve as foundations for the determination of sender’s refusal.

Article 4. Public disclosure of information about undeliverable parcels

1. Businesses shall publicly disclose information about undeliverable parcels at post offices at provincial and municipal level, and on the website of businesses (if any) within three months at the latest.

2. Information to be disclosed shall include:

a) Number sign of parcels (if any);

b) Date of acceptance of parcels (date stamp or information about time of acceptance of parcels as foundations for determination of acceptance date);

c) Post offices that accept parcels;

d) Full name and address of senders, recipients;

dd) Weight of parcels (if any);

e) Reasons for being undeliverable and not returnable;

g) Deadline for public disclosure of information;

h) Information about the return of parcels;

Article 5. List of parcels without recipients

1. Businesses should make a list of parcels without recipients and rejected parcels as foundations for handling.

2. List of parcels without recipients includes the following information:

a) Number sign of parcels (if any);

b) Date of acceptance of parcels (date stamp or information about time of acceptance of parcels as foundations for determination of acceptance date);

c) Post offices that accept parcels;

d) Full name and address of senders, recipients;

e) Reasons for being undeliverable and not returnable;

e) Time for public disclosure of information about undeliverable parcels;

Chapter II

HANDLING OF POSTAL PARCELS WITHOUT RECIPIENTS

Article 6. Principles of handling

1. Handling of parcels without recipients is carried out by the Council of Handling Parcels without recipients (hereinafter referred to as the Council) established by the business.

2. The Council shall carry out the handling on the basis of the list of parcels without recipients formulated by the business as prescribed in Article 5 hereof.

3. In case any article, goods item contained in undeliverable parcels is damaged as a result of its natural characteristic and causes loss of hygiene and environmental pollution, the business shall carry out the formulation of a written record (according to Form as prescribed in Appendix 5) and decide to destroy such article or goods item without passing the Council. The business shall be responsible for the destruction.

4. The handling of parcels without recipients must be documented with signature of parties involved according to Form prescribed in appendices 1, 2, 3, 4, 5.

Article 7. The Council

1. The Council is comprised of:

a) Competent representative of the business: Chairman of the Council;

b) Representatives of relevant units affiliated to the business: executives;

c) If necessary, the business shall invite representatives of the Service of Information and Communications, competent state agencies or experts from relevant organizations and agencies to take part.

2. The Council shall be responsible for opening parcels without recipients and make decisions on the way of handling articles or goods items contained in parcels as prescribed in Article 8 hereof.

3. The Council shall use the business’ stamp during the handling of parcels without recipients.

4. The Council shall be responsible for ensuring secrecy about parcels unless otherwise as requested by competent state agencies.

Article 8. Handling of parcels without recipients

1. When opening parcels without recipients and finding address or information about senders, recipients, the Council shall hand over such parcels to the business (according to Form as prescribed in Appendix 2) for delivery to service users. In case it is undeliverable, the Council shall make decision on the way of handling.

2. In case parcels without recipients are detected to have contained articles or goods items prohibited as prescribed in Clauses 1, 2, 3, Article 7 and Article 12 of the Law on Post, the Council shall make a written record and hand it over to the business (Form prescribed in Appendix 3) for making written notification to relevant competent state agencies for handling according to law provisions.

3. Parcels without recipients shall be handled as follows:

a) Hand over to relevant competent state agencies originals of papers issued by competent state agencies (Form prescribed in Appendix 4);

Before carrying out the hand-over, the business should send a written request to competent state agencies for receiving or supporting the handling of originals of theses papers. In case relevant competent state agencies refuse to receive or have no response within 30 days since a written request is issued by the business, the business shall make decision on destruction;

b) Assign money contained in parcels without recipients to the business for accounting according to law provisions (Form prescribed in Appendix 3);

c) Assign articles or goods items contained in parcels without recipients to the business for sale, destruction, charity or handling (Form prescribed in Appendix 3);

Chapter III

FINANCIAL MANAGEMENT FOR THE HANDLING OF PARCELS WITHOUT RECIPIENTS

Article 9. Tax refund

1. The business is entitled to a refund of tax paid for service users on parcels determined as having no recipients.

2. Tax refund is instructed according to law provisions.

Article 10. Issuance of invoices

In case of sale of an article or goods item as prescribed in Point c, Clause 3, Article 8 hereof, the business should issue an invoice to the buyer specifying “Sale of articles, goods items contained in parcels without recipients”.

Article 11. Financial management of businesses

1. The amount of money collected from the handling of parcels without recipients includes:

a) The money contained in parcels as prescribed in Point b, Clause 3, Article 8 hereof;

b) The money from sale of articles, items contained in parcels without recipients, from other forms of handling as prescribed in Point c, Clause 3, Article 8 hereof.

2. Expenses for the handling of parcels without recipients include:

a) Expenses for sale of articles, items as prescribed in Point c, Clause 3, Article 8 hereof including expenses for verification of quality and value of articles, goods items; expenses in connection with public announcement of information about sale of articles, goods items; expenses for organization of sale of articles, goods items (if any);

b) Expenses for the handling of articles, goods items in other forms as prescribed in Point c, Clause 3, Article 8 hereof;

c) Expenses for members of the Council during the handling of parcels without recipients decided by the business but in compliance with state regulations and business performance outcomes of the business;

3. Difference between receipts and expenses during handling of parcels without recipients:

a) If receipts are higher than expenses, the difference shall be entered in the business’ incomes;

b) If receipts are lower than expenses, the difference shall be entered in the business’ annual expenditure;

Chapter IV

ARCHIVES AND REPORTS ON HANDLING OF PARCELS WITHOUT RECIPIENTS

Article 12. Archives

1. The business shall perform storage of records in connection with parcels without recipients according to law provisions.

2. Records to be archived include:

a) Documents in connection with determination of parcels without recipients as prescribed in Clause 2, Article 3 hereof;

b) Documents in connection with public disclosure of information as prescribed in Article 4 hereof;

c) List of parcels without recipients;

d) Decision on the establishment of the Council;

a) Documents in connection with the handling of parcels without recipients as prescribed in Article 8 hereof;

e) Documents in connection with the handling of undeliverable parcels containing articles or goods items being damaged by its natural characteristics and causing loss of hygiene and environmental pollution as prescribed in Clause 3, Article 6 hereof;

g) Documents in connection with financial management for the handling of parcels without recipients;

Article 13. Reports

The business shall be responsible for reporting the handling of parcels without recipients to relevant competent state agencies according to the Law on Post.

Chapter V

IMPLEMENTARY PROVISIONS

Article 14. Effect

1. This Joint Circular takes effect since September 15, 2015.

2. This Joint Circular supersedes the Ministry of Post, Telecommunications and Ministry of Finance’s Joint Circular No. 03/2004/TTLT-BBCVT-BTC dated November 29, 2004 providing guidance on the handling of letters, parcels without recipients.

Article 15. Implementation

1. The Ministry of Information and Communications, the Ministry of Finance, the Service of Information and Communications and relevant organizations and individuals shall be responsible for executing this Joint Circular.

2. Difficulties that arise during the implementation of this Circular should be reported (by organizations and individuals) to concerned ministries for amendments, supplements as appropriate. /.