Chương II Luật bưu chính 2010: Cung ứng và sử dụng dịch vụ bưu chính

Chapter II

PROVISION AND USE OF POSTAL SERVICES

Article 8. Contracts on provision and use of postal services

1. A contract on provision and use of postal services means an agreement between a postal service provider and a sender whereby the provider shall accept, transmit and deliver postal articles to a place indicated by the sender and the sender shall pay a postage.

2. A contract on provision and use of postal services shall be made in writing or established by an act. The postmark or information showing the time and place of acceptance of a postal article serves as a ground for determining the responsibility of the postal service provider.

Article 9. Contracts on provision and use of postal services in written form

1. A contract on provision and use of a postal service in written form must have the following principal details:

a/ Type of postal service:

b/ Weight and quantity of postal articles:

c/ Time, place and mode of provision of the postal service:

d/ Quality of the postal service;

e/ Rights and obligations of the contracting parties:

f/ Postage rate and mode of payment;

g/ Liability and maximum compensation for a contract breach.

2. Contracts in written form must be made in Vietnamese. In case the contracting parties agree to use a foreign language, the Vietnamese version and the version in the foreign language of the contract are of equal legal validity.

3. A document certifying the acceptance of a postal article between the postal service provider and sender is as legally valid as a contract in written form between them, unless otherwise agreed by the parties.

Article 10. Contracts on provision and use of postal services established by specific acts

Depositing into a public post box which satisfies all the conditions specified in Clause 1, Article 11 of this Law, a letter stuck with a Vietnamese postage stamp or a prepaid postage mark of a postal service provider is an act establishing a contract between the postal service provider and sender.

Article 11. Acceptance and delivery of postal articles

1. A postal article may be accepted when satisfying all the following conditions:

a/ Not containing articles or merchandise specified in Article 12 of this Law;

b/ Bearing information on the sender and recipient on it, unless otherwise agreed by the involved parties;

c/ Being fully paid for the postage, unless otherwise agreed by the involved parties;

d/ Being packaged or wrapped up to requirements of the postal service.

2. A postal article will be regarded as having been accepted in the following cases:

a/ It has been accepted by a postal service provider at a postal service point or the sender's address;

b/ It is a letter which satisfies all the conditions specified in Clause 1 of this Article and has been deposited into a public post box.

3. A postal article will be regarded as having been properly delivered in the following cases:

a/ It has been delivered at the recipient's address into a consolidated letterbox, household letter box. subscriber's letter box or in another receptacle used for the receipt of the postal article;

b/ It has been delivered to the recipient at the postal service point performing the delivery;

c/ It has been delivered at the request of the postal service user.

Article 12. Articles and merchandise disallowed to be sent, accepted or transmitted through the post network

1. Articles and merchandise which are banned from circulation by Vietnamese law.

2. Articles and merchandise sent from Vietnam to foreign countries which are banned from export by Vietnamese law or from import by laws of countries of receipt.

3. Articles and merchandise sent from foreign countries to Vietnam which are banned from import by Vietnamese law.

4. Articles and merchandise which are banned from transmission by post under Vietnamese law or a treaty to which the Socialist Republic of Vietnam is a contracting party.

Article 13. Assurance of safety in the provision and use of postal services

1. Safety of postal articles of organizations and individuals shall be assured from the time of acceptance to the time of delivery under Clauses 2 and 3, Article 11 of this Law.

2. In case the wrapping of a postal article is damaged or torn, the postal service provider shall inventory, make a written record and re-wrap this article up to requirements of the postal service to assure its safety.

3. Organizations and individuals that conduct or participate in conducting postal activities in Vietnam shall assure safety for persons, postal articles and the postal network.

Article 14. Assurance of security in the provision and use of postal services

1. In case a postal article is detected to violate Article 12 of this Law, the postal service provider shall:

a/ Suspend the transmission or delivery of the article;

b/ Notify such to a concerned competent state agency for handling under law.

2. A competent state agency shall suspend the transmission or delivery of a postal article; inspect and handle the postal article or request the provision of information on use of the postal service in the following cases:

a/ It has a ground for concluding that the article is related to or used in a violation of the law on national security or another serious illegal act;

b/ The article is related to a criminal case and the inspection and handling thereof and the request for information on the use of the postal service are permitted by law.

3. The suspension of the transmission or delivery of postal articles: the inspection and handling of postal articles or making of requests for information on the use of postal services mentioned in Clause 2 of this Article may be effected only after written requests are made by a competent state agency under law.

4. The termination or suspension of the transmission or delivery of postal articles; the inspection and handling of postal articles and making of requests for information on the use of postal services mentioned in Clauses 1 and 2 of this Article must be written in a record signed by all involved parties.

5. The termination or suspension of the transmission or delivery of postal articles; the inspection and handling of postal articles and the making of requests for information on the use of postal services must not be abused to harm the interests of the State and the legitimate rights and interests of postal service providers and users.

6. Postal service providers shall coordinate with and create conditions for competent state agencies in performing the tasks specified in Clause 2 of this Article.

7. The termination or suspension of transmission or delivery of postal articles; the inspection and handling of postal articles and the making of requests for information on the use of postal services must not affect normal operations and the quality of postal services of postal service providers.

Article 15. Import and export of postal articles

1. The import and export of postal articles must comply with this Law and other relevant laws.

2. International postal service providers may carry out, on behalf of postal service users, procedures for importing or exporting postal articles when acting as lawful representatives of these users.

Article 16. The rights to dispose of, change the recipient's full name and address on. withdraw postal articles and forward postal articles

1. A postal article which is not yet delivered to the recipient is still at the sender's disposal, except in case it is seized or destroyed under this Law and other relevant laws.

2. The sender may change the recipient's full name and address or withdraw a postal article which is not yet delivered to the recipient, provided he/she has a document evidencing the sending. The sender shall pay an additional postage for changing the recipient's full name and address or withdrawing the postal article, unless otherwise agreed by the involved parties.

3. When a postal article is not yet delivered to the recipient's address and the postal service user notifies the postal service provider of the change of the recipient's address, the postal article shall be forwarded to the new address. The requester for forwarding of the postal article shall pay the postage, unless otherwise agreed by the involved parties.

Article 17. Undeliverable postal articles, returned postal articles, postal articles unreturnable to senders, postal articles without recipients

1. A postal article shall be regarded as undeliverable in the following cases:

a/ It has no recipient address or has an inadequate or incorrect recipient address;

b/ The recipient has changed his/her address without notifying the new address;

c/ The recipient cannot be found at the indicated address;

d/ After failing to deliver the article, the postal service provider has invited at least twice every other working day. the recipient to come to receive the postal article but the latter does not show up;

e/ The recipient refuses to receive the postal article.

2. A postal article shall be returned to the sender when it is undeliverable and the sender requests the return. The sender shall pay a postage for the return of the postal article, unless otherwise agreed by the involved parties.

3. A basic letter weighing up to 500 grams which is undeliverable shall be automatically returned to the sender and exempt from the postage for the return.

4. A postal article shall be regarded as unreturnable to its sender in the following cases:

a/ It has no sender address or has an inadequate or incorrect sender address;

b/ The sender has changed his/her address without notifying the new address;

c/ The sender cannot be found at the address indicated on the article;

d/ After failing to deliver the article, the postal service provider has invited at least twice every other working day, the sender to come to receive back the article but the latter does not show up;

e/ The sender refuses to receive back the article.

5. A postal article shall be regarded as having no recipient in case it is undeliverable to the recipient as stated in Clause 1 and cannot be returned to the sender as stated in Clause 4 of this Article within 6 months after it is accepted

This time limit is not applicable to postal articles which the recipients or senders refuse to receive.

Article 18. National postal code

1. The national postal code is a combination of characters prescribed by a competent state agency in charge of post for identifying one or a group of postal addresses.

2. The postal code shall be formulated on the following principles:

a/ Assuring scientificity, stability and uniqueness;

b/ Being based on administrative area and population density and distributed nationwide:

c/ Being compliant with the relevant guidance of the Universal Postal Union and international practice.

3. Organizations and individuals engaged in postal activities are encouraged to apply the national postal code in order to raise the quality of postal services.

Article 19. Postal networks to serve party, state and national defense and security agencies

1. Postal networks to serve party, state and national defense and security agencies shall be established to provide postal services for these agencies and operate not for profit.

2. Postal networks mentioned in Clause 1 of this Article may only be connected with public postal networks.

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