| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No. 128/2007/ND-CP | Hanoi, August 02, 2007 |
DECREE
ON DELIVERY SERVICES
THE GOVERNMENT
Pursuant to the Law on the Organization of the Government dated 25 December 2001;
Pursuant to the Ordinance on Posts and Telecommunications dated 25 May 2002;
Having considered the proposal of the Minister of Posts and Telematics,
Pursuant to the Ordinance on Posts and Telecommunications dated 25 May 2002;
Having considered the proposal of the Minister of Posts and Telematics,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1 Governing scope
1. This Decree regulates business activities and use of services of delivering information in the form of written documents and services of delivering goods parcels and packages in Vietnam, hereinafter referred to as delivery services.
2. This Decree does not regulate business activities and use of postal services; logistic services; international multi-mode transport services; and forwarding services by air, sea, inland waterway, rail or road.
Article 2 Applicability
This Decree applies to organizations and individuals related to business activities and use of delivery services in Vietnam.
Article 3 Applicability of international treaties
Where any international treaty which Vietnam has signed or acceded to contains provisions which are different from this Decree, the provisions of such international treaty shall prevail.
Article 4 Interpretation of terms
In this Decree, the following terms shall be construed as follows:
1. Delivery services means the performance of one phase, a number of phases or all phases of collection, selection and classification, transportation and delivery by material facilities of information in the form of written documents and of goods parcels and packages.
Services of delivering information in the form of written documents shall include combined delivery services (combined with electronic means) and services of direct delivery of advertising information (publications with advertising contents sent to numerous addresses).
2. Express delivery means delivery services with a quick factor in terms of time and a high degree of reliability. Express delivery shall also include other value added elements such as collection from a sender's address; delivery in person to the receiver, discovery of current addresses and locations for receipt in person; the capability of changing the place and address for receipt during transportation; reporting on delivery and other value added elements.
3. Information in the form of written documents means information expressed on any material facilities including letters, and written documents (other than letters).
4. Letter means information in the form of a written document which is packed or sealed, each letter with a weight not exceeding 2 kilograms and which has an address for receipt. General instructions about the address for receipt shall also be deemed to constitute an address for receipt.
5. Enterprise engaged in delivery services business means an enterprise providing delivery services for clients and which is liable for the services provided. An enterprise engaged in delivery services business may itself perform, or hire other organizations and individuals to perform, one phase, a number of phases or all phases of such services.
6. Exclusive services means the scope of services only permitted to be conducted by Vietnam Post, the sole State owned enterprise for posts established by law in order to ensure the discharge of responsibilities in the public interest.
Article 5 Exclusive services of Vietnam Post
1. The exclusive services of Vietnam Post shall comprise provision of delivery services of information in the form of written documents with addresses for receipt on the basis of volumes and charges stipulated by the Ministry of Posts and Telematics from time to time. These exclusive services shall not include provision of delivery services of books, newspapers, magazines and periodical publications.
2. Other delivery enterprises shall be permitted to provide delivery services of information in the form of written documents with addresses for receipt outside the volumes and charges reserved exclusively for Vietnam Post.
3. The Ministry of Posts and Telematics shall announce the schedule for opening the delivery services market in compliance with Vietnam's commitments on delivery services made on Vietnam's accession to the World Trade Organization (WTO).
Article 6 State management of delivery services [shall comprise]:
1. Drafting and promulgating legal instruments, policies and master planning on business and use of delivery services.
2. Guiding and organizing implementation of regulations on business activities and use of delivery services.
3. Conducting checks and inspections, and dealing with breaches during business and use of delivery services.
Article 7 Authority to undertake State management of delivery services
1. The Government shall undertake uniform State management of business activities and use of delivery services on a nationwide basis.
2. The Ministry of Posts and Telematics shall be responsible to the Government for presiding over and co-ordinating with relevant ministries and branches to undertake State management of business activities and use of delivery services.
3. Ministries, ministerial equivalent bodies and people's committees of provinces and cities under central authority shall, within the scope of their respective duties and powers, be responsible for coordinating with the Ministry of Posts and Telematics to undertake State management of business activities and use of delivery services.
4. Departments of Posts and Telematics shall be the professional bodies assisting people's committees of provinces and cities under central authority in undertaking the function of State management of business activities and use of delivery services within their respective localities.
Article 8 Applicability of procedures for import and export during international delivery services
1. Upon import or export, information in the form of written documents and goods parcels and packages must be subject to customs, cultural and quarantine procedures and other procedures stipulated by law.
2. An enterprise engaged in international delivery services business as the legal representative of service users shall be permitted to perform the procedures referred to in clause 1 of this article and to collect a charge for such service from service users.
3. Service users shall be obliged to reimburse duties, fees and charges which the enterprise engaged in delivery services business has paid [on their behalf] to the authorized State body upon performance of the procedures referred to in clause 1 of this article.
Article 9 Safety and security in delivery services
1. All organizations and individuals shall be responsible for ensuring safety and security during delivery services.
2. Delivery service users shall be responsible for complying with the law on, and regulations of the enterprise engaged in delivery services business relating to, safety and security during delivery services.
3. Enterprises engaged in delivery services business must take measures to ensure safety and security during delivery services.
4. Enterprises engaged in delivery services business shall be responsible for co-operation and for satisfying requisite conditions so that authorized State bodies may take professional measures as stipulated by law to protect national security and to ensure social order and safety.
When any authorized State body discharges its duty to protect national security and to ensure social order and safety in accordance with law, it shall facilitate enterprises engaged in delivery services business to ensure their business activities and the quality of their services.
Article 10 Ensuring confidentiality of private information
1. The confidentiality of private information relating to the use of delivery services shall be guaranteed.
2. Information in the form of written documents (excluding letters), and goods parcels and packages shall only be opened and inspected in the following circumstances:
(a) They may be opened for the purpose of dealing with them and repacking them when they are damaged or the wrapping is torn;
(b) They may be opened for presentation to authorized State bodies on conduct of procedures for import or export in accordance with clauses 1 and 2 of article 8 of this Decree;
(c) They may be opened for the purpose of dealing with them in accordance with the joint regulations of the Ministry of Posts and Telematics and the Ministry of Finance on abandoned items. Information in the form of written documents, and goods parcels and packages shall be deemed to be abandoned when there is adequate proof that the receiver refuses receipt and that the sender also refuses return, or if upon expiry of twelve (12) months from the date of sending the item has not been delivered to the receiver and is not returnable to the sender.
3. Information in the form of written documents, and goods parcels and packages shall only be permitted to be examined and/or seized pursuant to a decision in accordance with law of the authorized State body.
Article 11 Prohibited sending in delivery services:
1. Publications, articles or goods the circulation, import or export of which is prohibited by Vietnam; and publications, articles or goods the import of which is prohibited by the recipient country.
2. Objects or substances causing explosion, fire or danger.
3. Objects or substances causing unhygienic conditions or environmental pollution.
4. Vietnamese currency and valuable papers with a value in Vietnamese currency.
5. Foreign exchange and valuable papers with a value in foreign currency.
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