Chương III Luật bưu chính 2010: Đầu tư, kinh doanh dịch vụ bưu chính

Chapter III

INVESTMENT AND DEALTNG IN POSTAL SERVICES

Article 20. Investment and dealing in postal services

1. Organizations and individuals that invest and deal in postal services shall comply with this Law and relevant laws.

2. Investment and dealing forms and conditions, and the capital contribution ratio of foreign investors that invest and deal in postal services must comply with the Vietnamese law and post-related treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 21. Conditions on the grant of postal service business licenses

1. Any letter service provider that has a recipient address for a single letter weighing up to 2 kilograms (kg) must possess a postal service business license (below referred to as postal license) granted by a competent state agency in charge of post.

2. An enterprise may be granted a postal license when fully satisfying the following

conditions:

a/ Having a business registration certificate for postal activities or an investment certificate in the post sector:

b/ Being financially capable and staffed with personnel suitable to its business plan for business lines subject to licensing;

c/ Having a feasible business plan compliant with regulations on postage rates and quality of postal services;

d/ Devising measures to assure information security and safety for humans, postal articles and postal networks.

Article 22. Contents and validity duration of postal licenses

1. A postal license has the following principal details:

a/ Name and address of the head office of the licensed enterprise;

b/ Types of postal services to be provided;

c/ Scope of provision of postal services;

d/ Standards and quality of postal services to be provided;

e/ Rights and obligations of the licensed enterprise;

f/ Validity duration of the postal license.

2. A postal license is valid for up to 10 years.

Article 23. Modification, supplementation and re-grant of postal licenses

1. When necessary to modify details of a granted postal license, the licensed enterprise shall carry out procedures for modification or supplementation of its license.

2. A postal license may be re-granted in the following cases:

a/ Its validity duration expires;

b/ It is lost or damaged;

c/ Its re-grant is requested by a state agency competent to grant postal licenses.

Article 24. Revocation of postal licenses

1. A state agency competent to grant postal licenses shall revoke a postal license if the licensed enterprise commits any of the following acts:

a/ Opposing the State of the Socialist Republic of Vietnam, to the detriment of the national security, social order and safety;

b/ Supplying false information or intentionally committing a fraud to obtain the license;

c/ Failing to maintain the licensing conditions:

d/ Providing postal services at variance with the license's contents, seriously harming the interests of the State and the legitimate rights and interests of organizations and individuals;

e/ Failing to provide the postal service(s) indicated in the license one year after the license is granted;

f/ Leasing or lending the license; illegally transferring the license.

2. One year after having its license revoked under Points b, c, d, e and f, Clause 1 of this Article, if it successfully remedies consequences caused by its act and ensures the conditions for being licensed specified in Article 21 of this Law. an enterprise may carry out procedures for applying for a new license.

Article 25. Notification of postal activities

1. The following postal activities shall be notified in writing to a state competent agency in charge of post:

a/ Providing letter services with a single unaddressed letter weighing up to 2 kilograms (kg);

b/ Providing letter services with a single letter weighing over 2 kilograms (kg);

c/ Providing parcel services;

d/ Acting as an agent for a foreign postal service provider;

e/ Undertaking a commercial franchise in the post sector from abroad into Vietnam;

f/ Acting as a representative for a foreign postal service provider;

g/ Acting as a branch or representative office of a postal service provider established under the Vietnamese law;

h/ Acting as a representative office of a foreign postal service provider.

2. In case of a change in the notified contents, postal service providers or organizations stated at Points g and h, Clause 1 of this Article shall notify such change to a competent state agency in charge of post.

3. The competent state agency in charge of post shall certify in writing the cases of notification specified in Clauses 1 and 2 of this Article.

4. A written certification of notification of postal service activities shall be re-issued in case of loss or damage.

5. While carrying out notification procedures, postal service providers and organizations stated at Points g and h, Clause 1 of this Article may conduct postal activities according to their business registration certificates or investment certificates or licenses for setting up representative offices of foreign traders or notices of approval of registration of commercial franchises already granted or issued in Vietnam.

Article 26. Cases in which a postal license or activity notification is not required

1. Individuals accept, transmit and deliver letters and merchandise packages or parcels free of charge on the basis of their agreements with senders not exceeding the maximum number of postal articles prescribed by a competent state agency in charge of post.

2. Organizations accept, transmit and deliver letters and merchandise packages or parcels free of charge within their own systems or for their customers.

3. Provision of postal services specified in Clause 1, Article 19 of this Law.