THE MINISTRY OF PUBLIC SECURITY-THE MINISTRY OF POST AND TELECOMMUNICATIONS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 01/2006/TTLT/BCA-BBCVT
Hanoi, May 05, 2006
  
JOINT CIRCULAR
GUIDING THE OPENING AND CHECKING OF MAILS AND GOODS PACKAGES SENT VIA PUBLIC POSTAL NETWORKS AND DELIVERY NETWORKS FOR THE PURPOSE OF DETECTING DRUG-RELATED CRIMES
Pursuant to the December 9, 2000 Law on Drug Prevention and Control-Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the Government's Decree No. 99/2002/ ND-CP of November 27, 2002, providing for conditions, procedures, competence and responsibilities of specialized drug-related crime prevention and control agencies under the people's police force;
Pursuant to the Government's Decree No. 157/ 2004/ND-CP of August 18, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding post;
Pursuant to the Prime Minister's Decision No. 190/ 2004/QD-TTg of November 8, 2004, on management of delivery services;
The Ministry of Public Security and the Ministry of Post and Telematics hereby jointly guide the opening and checking of mails and goods packages sent via public postal networks and delivery networks for the purpose of detecting drug-related crimes as follows:
 
I. GENERAL PROVISIONS
1. Scope of regulation and objects of application
This Circular guides specifically the opening and checking of mails and goods packages which are sent domestically, from Vietnam abroad or from abroad into Vietnam via public postal networks or courier networks for the purpose of detecting drug-related crimes.
2. Opening and checking principles
2.1. The opening and checking of mails and goods packages shall strictly be based on the grounds and follow the order, procedures and competence guided in this Circular.
2.2. To strictly prohibit the taking advantage or abuse of opening and checking of mails and goods packages to infringe upon the legitimate rights and interests of individuals, agencies or organizations.
2.3. To strictly prohibit the disclosure of the time, place and content of mails and goods packages before, during and after the opening and checking.
2.4. Those who commit acts of violating the provisions of Points 2.1, 2.2 and 2.3 above or obstructing the opening or checking of mails and goods packages shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; and if causing damage, they must pay compensations therefor according to the provisions of law.
3. Coordination responsibilities
3.1. Specialized drug-related crime prevention and control agencies under the people's police force (hereinafter referred to as specialized police agencies) shall have to closely coordinate with enterprises in opening and checking mails and goods packages to ensure that the quality of the enterprises' services shall not be affected.
3.2. Enterprises shall have to closely coordinate with specialized police agencies in opening and checking mails and goods packages.
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