| THE MINISTRY OF INFORMATION AND COMMUNICATION --------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 08/2008/TT-BTTTT | Hanoi, December 23, 2008 |
CIRCULAR
GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENTS DECREE NO. 128/2007/ND-CP OF AUGUST 2, 2007, ON DELIVERY SERVICES
Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the Governments Decree No. 128/2007/ND-CP of August 2, 2007, on delivery services;
Pursuant to the Governments Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication;
The Ministry of Information and Communication guides a number of contents of the Governments Decree No. 128/2007/ND-CP of August 2, 2007, on delivery services (below referred to as the Decree) as follows:
1. Measures for safety and security assurance in delivery services specified in Clause 3, Article 9 of the Decree include:
a/ Measures for assuring the confidentiality of private information of service users.
b/ Measures for assuring the integrity of information in the form of documents, merchandise packages or packs consigned through delivery networks.
c/ Measures for assuring the safety of delivery equipment, means of transport and networks.
d/ Measures for assuring the safety of individuals and organizations participating in delivery activities.
e/ Measures for coordinating with competent state agencies in preventing, detecting and handling violations in delivery services; preventing acts of taking advantage of delivery networks to infringe upon national security, social order and safety or to commit smuggling or other illegal acts.
2. Private information specified in Clause 1, Article 10 of the Decree includes:
a/ Contents of information in the form of documents, merchandise packages or packs.
b/ Information on full names, addresses and telephone numbers (if any) of consignors and consignees.
c/ Other information relating to the use of delivery services.
3. Dossiers of notification of delivery service business (below referred to as notification dossiers) mentioned in Clause 2, Article 13 of Decree are specified as follows:
a/ A notification dossier comprises:
- A written notification on delivery service business.
- A valid copy of the delivery service business registration certificate or certificate of investment in the delivery service.
- A model contract on service provision and use.
- A table of charge rates, quality standards and liability limits for damage compensation in case of damage.
b/ A notification dossier specified at Point a of this Clause shall be made in 01 original,
c/ Places of receipt of notification dossiers:
- Provincial-level Information and Communication Services, for dossiers of notification of intra-provincial delivery service business.
- The Ministry of Information and Communication, 18 Nguyen Du, Hanoi, for dossiers of notification of inter-provincial, national or international delivery service business.
4. Procedures for certification of notification of delivery service business mentioned in Article 14 of the Decree are specified as follows:
a/ Examination of the notification dossier, covering:
- Examination of the adequacy and consistency of contents of the notification dossier as required at Point a. Clause 3 of this Circular.
- Examination of the enterprises legal person status through its business registration certificate or investment certificate.
- Examination of the conformity of contents of the notification dossier with legal provisions.
- In case a notification dossier is invalid, the competent state agency defined at Point c, Clause 3 of this Circular shall send a written request for its amendment or supplementation within 10 working days after the date of receipt of the notification dossier.
b/ Certification of the notification of delivery service business:
Competent state agencies defined at Point c, Clause 3 of this Circular shall issue a certificate of notification of delivery service business and send it to delivery service enterprises within 10 working days after the receipt of a valid notification dossier.
5. Dossiers of application for mail delivery service licenses (below referred to as license application dossiers) mentioned in Clause 1, Article 16 of the Decree are specified as follows:
a/ A license application dossier comprises:
- The application for a mail delivery service license.
- A valid copy of the delivery service registration certificate or certificate of investment in the delivery service.
- The enterprises organization and operation charter, if any.
- A plan on mail delivery service business, covering the following principal contents:
+ Information on the enterprise: Name, address, telephone number and fax number of its transaction offices, representative offices and branches; its website and e-mail (if any) and other relevant information.
+ The expected location for service provision.
+ The system of service management and administration.
+ The process of service exploitation: the process of mail collection, sorting, transportation and delivery; methods of service provision (by the enterprise itself or in collaboration with other enterprises).
