Chương VIII Luật bưu chính 2010: Giải quyết tranh chấp và bồi thường thiệt hại trong cung ứng và sử dụng dịch vụ bưu chính

Chapter VIII

SETTLEMENT OF DISPUTES AND PAYMENT OF COMPENSATIONS FOR DAMAGE IN THE PROVISION AND USE OF POSTAL SERVICES

Article 38. Complaints about the provision and use of postal services

1. Postal service users and providers may lodge complaints to protect their legitimate rights and interests.

2. Complaints mentioned in Clause 1 of this Article must be made in writing. The time limit for lodging a complaint is as follows:

a/ Six months from the date of expiration of the full postal process of a postal article, for complaints about the loss of postal articles or late delivery of postal articles compared to the announced full postal process. In case no full postal process is announced by the postal service provider, the time limit shall be counted from the date following the date of acceptance of the postal article;

b/ One month from the date of delivery of a postal article to the recipient, for complaints about tampered or damaged postal articles, postage rates and other matters directly related to postal articles.

3. The time limit for settling complaints is as follows:

a/ Two months from the date of receipt of a complaint about domestic postal services;

b/ Three months from the date of receipt of a complaint about international postal services.

4. Within the time limit specified in Clause 3 of this Article, the complaint-receiving body shall settle the complaint and notify the settlement result to the complainant. Past the time limit specified in Clause 3 of this Article, if the complainant receives no notice of the settlement result from the complaint-receiving body or disagrees with this result, he/she/it may request the settlement of a dispute.

5. In case a complaint is not lodged within the time limit specified in Clause 2 of this Article, the request for dispute settlement is invalid.

Article 39. Settlement of disputes in the provision and use of postal services

1. Disputes in the provision and use of postal services shall be settled in any of the following forms:

a/ Negotiation between disputing parties;

b/ Conciliation;

c/ Settlement by an arbitration or a court.

2. The settlement of disputes in the provision and use of postal services by an arbitration or a court must comply with law.

Article 40. Principles for payment of compensations for damage in the provision and use of postal services

1. A compensation payable for damage in case of loss, damage or fraudulent alteration of the whole of a postal article shall be determined according to the limit liability to pay compensation for the whole damage applicable to the postal service concerned.

2. A compensation payable for damage in case of loss, damage or fraudulent alteration of part of a postal article shall be determined on the basis of actual damage but must not be higher the limit liability to pay compensation for the whole damage applicable to the postal service concerned, unless otherwise agreed by the involved parties.

3. Compensations for damage shall be paid in Vietnam dong and in lump sum. unless otherwise agreed by the involved parties.

4. No compensation shall be made for an indirect damage or a benefit not generated from the provision of postal services of quality lower than that announced by the service provider.

5. The level of compensation for damage shall be announced and applied by postal service providers but must not be lower than that prescribed by a competent state agency in charge of post.

Article 41. Compensation liabilities of postal service providers

1. Postal service providers shall pay compensations for damage caused to postal service users due to failing to assure the quality of postal services they have announced or breaching signed contracts, except for the cases specified in Clause 4 of this Article.

2. In case part of damage is caused by postal service users' breaches of signed contracts, postal service providers will be exempt from paying compensation for that part of damage.

3. Compensations for damage shall be paid to senders, unless otherwise agreed by postal service providers and senders. In case a postal article is partially damaged or lost but the recipient agrees to receive the remaining part, the compensation for damage shall be paid to the recipient.

4. Unless otherwise agreed by involved parties, a postal service provider is not required to pay a compensation for damage in the following cases:

a/ Damage is entirely caused by the postal service user's breach of contract or a natural characteristic or inherent defect of the object contained in the postal article;

b/ The postal service user fails to evidence the sending of and harm or damage to the postal article and its damage;

c/ The postal article has been delivered and the recipient makes no complaint upon receiving it;

d/ The postal article has been confiscated or destroyed under the Vietnamese law or the law of the recipient's country;

e/ The postal service user fails to strictly comply with x Articles 38 and 39 of this Law on complaints and settlement of disputes;

f/ In force majeure circumstances prescribed by law.

Article 42. Compensation liabilities of postal service users

1. Postal service users shall pay under law compensations for damage caused to postal service providers and related parties due to sending articles or merchandise banned from sending by post specified in Article 12 or articles not packaged or wrapped under Point d, Clause 1, Article 11 of this Law.

2. Unless otherwise agreed by involved parties, a postal service user is not required to pay a compensation for damage in the following cases:

a/ Damage is caused by the postal service provider's breach of the signed contract;

b/ The postal article has been accepted according to the contract's agreement;

c/ The postal service provider fails to comply with Articles 38 and 39 of this Law on complaints and settlement of disputes.