Chương 3 Nghị định 47/2011/NĐ-CP: Giấy phép bưu chính và văn bản xác nhận thông báo hoạt động bưu chính

Chapter 3.

THE POSTAL LICENSE AND WRITTEN CONFIRMATION OF NOTIFICATION ON POSTAL ACTIVITIES

Article 5. Financial conditions  

1. Conditions on financial capacity stated in point b, clause 2, Article 21 of the Law on post is prescribed as follows:

a) For case of supply of postal services in provincial or inter-provincial scope, enterprises must have the minimum capital of VND 02 billions;

b) For case of supply of international postal services, enterprises must have the minimum capital of VND 05 billions.

2. The minimum capital specified in clause 1 of this Article must be indicated in the Certificate of Business registration on postal activities or certificate of investment in postal activities in Vietnam of enterprises.

Article 6. Dossier of application for postal license  

1. Dossier of application for postal license is made into 03 sets, including 01 original set, 02 sets being copied documents which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise.

2. A dossier of application for postal license comprises:

a) Application for postal license (according to Form in Annex I);

b) A copy of the Certificate of Business registration on postal activities or certificate of investment in postal activities in Vietnam of enterprises which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise;

c) The charter of organization and operation of enterprise (if any);

d) Business projects;

dd) Form of contract on supply and use of postal services in line with provision of law on post;

e) Form of icon, label, particular symbol or elements in system of enterprise identification which are indicated on postal articles (if any);

g) Price table of postal service charges in line with provision of law on post;

h) Quality standards of postal service published for application in line with provisions of law on post;

j) Regulations on the limit liability to pay compensation in case of arising damages, process of settling complaints of customers, time limit of settling complaints in line with provisions of law on post;  

k) Agreements with other enterprises, foreign partners in Vietnamese, for case of cooperation to supply one, a few or all stages of postal services being requested for license;  

l) Documents being consular legalized proving the legal status of foreign partners specified in point k, clause 2 of this Article.

3. Business project, including the following principal contents:

a) Information on enterprise including name, address, telephone number, fax number, address of e-mail of transaction headquarter, representative office, branch, website of enterprise (if any) and other relevant information;

b) Locations anticipated for supply of service;

c) System and method of service management, operation;

d) Process of supplying service including process of acceptance, transport and delivery;

dd) Methods of supplying service which is organized by enterprise or by cooperation in supplying service with other enterprise (in case of cooperation with other enterprise, the applicant must present in details on scope of cooperation, work of coordination in ensuring safety, security, settlement of complaints and paying compensation for service users);

e) Measures to ensure safety for people, postal articles, postal network and information security in postal activities;

g) Analyzing feasibility and socio-economic interests of plan through norms on output, revenue, expenditure, quantity of laborers, tax paying for the State budget, rate of payback in 03 next years from the year of applying for license.  

Article 7. Dossier of application for confirming notification of postal activities  

1. Dossier of application for confirming notification of postal activities for cases specified in point a, b, c clause a, Article 25 of the Law on post is made into 01 set being orginal, comprising:

a) Application for postal activities (according to Form in Annex II);

b) Documents specified in point b, dd, e, g, h, I, clause 2, Article 6 of this Decree.

2. Dossier of application for confirming notification of postal activities for cases specified in point d, dd, e clause 1, Article 25 of the Law on post is made into 01 set being orginal, comprising:

a) Notification for postal activities (according to Form in Annex II);

b) Copy of written accepting register of trade concession granted by competent state agencies, being sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprisec, for case of receiving trade concession from foreign to Vietnam;

c) A copy of the unexpired postal license, written confirmation of notification on postal activities having been licensed which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise;

d) Contract with foreign partners;

dd) Documents being consular legalized proving the legal status of foreign partners;

e) Documents specified in point b, dd, e, g, h, i, clause 2, Article 6 of this Decree.

3. Dossier of application for confirming notification of postal activities for cases specified in point g, h clause 1, Article 25 of the Law on post is made into 01 set being orginal, comprising:

a) Notification for postal activities (according to Form in Annex II);

b) Copy of establishment license granted by competent state agencies, which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise.

Article 8. Order of, procedures for the postal license and written confirmation of notification on postal activities

1. Enterprises, organizations requesting for postal license, written confirmation of notification on postal activities submit directly or send dossier via post to the postal competent state agencies specified in Article 9 of this Decree and take responsibility for accuracy honesty of dossier. 

Notifying postal activities to the state agencies with competence in issuing written confirmation of notification on postal activities is performed not later than 07 working days, form the first day of postal operation.

2. After receiving dossier meeting provisions in Article 6, Article 7 of this Decree, grant of postal license, written confirmation of notification on postal activities is performed in the following time limit:

a) 30 days, for verification and grant of postal license;

b) 10 working days, for verification and grant of written confirmation of notification on postal activities.

3. Within 03 working days, after receiving dossier, the state agency with competence in grant of postal license, written confirmation of notification on postal activities shall send receipt to address of e-mail of enterprises, organizations requesting grant of postal license, written confirmation of notification on postal activities.

4. If dossier of application for grant of postal license, written confirmation of notification on postal activities fails to meet provisions in Article 6, Article 7 of this Decree, within 07 working days, after receiving dossier, the state agency with competence in grant of postal license, written confirmation of notification on postal activities shall send notification of first time on contents in dossier which need be amended and supplemented.  Within 15 working days, from the day of notification, enterprises, organizations shall amend and supplement dossier as required.

5. If fail to amend, supplement dossier as prescribed or amending and supplementing is not meet requirement, the state agency with competence in grant of postal license, written confirmation of notification on postal activities shall send notification of second time within 07 working days since the ending day of time limit of first-time notification. Within 15 working days after day of notification, enterprises shall amend and supplement dossier as required.

6. If fail to amend, supplement dossier as required, the state agency with competence in grant of postal license, written confirmation of notification on postal activities shall issue a notification to refuse grant of postal license, written confirmation of notification on postal activities within 07 working days since the ending day of time limit of second-time notification.

7. If enterprise has amended and supplemented dossier but not meeting requirement, the amending and supplementing dossier shall be continued to perform under process specified in clause 5 of this Article.

8. If refuse for grant of postal license, written confirmation of notification on postal activities, in time limit specified in clause 2 of this Article, the state agency with competence in grant of postal license, written confirmation of notification on postal activities must notify in writing and clearly stating reason.

9. After the state agency with competence in grant of postal license, written confirmation of notification on postal activities issuing notification on refusing for grant of postal license, written confirmation of notification on postal activities, enterprises, organizations want to continue application for postal license, written confirmation of notification on postal activities must submit dossier and perform procedures as prescribed in Article 6, Article 7, Article 8 of this Decree.

Article 9. Competence of grant of the postal license and written confirmation of notification on postal activities

1. The Service of Information and Communications shall:

a) Granting the postal license for case of supplying mail service in provincial scope;

b) Granting the written confirmation of notification on postal activities for case of supplying postal services specified in point a, b, c clause 1, Article 25 of the Law on post in provincial scope and cases specified in point g, clause 1, Article 25 of the Law on post.

2. The Ministry of Information and Communications shall:

a) Granting the postal license for cases of supplying mail service in international or inter-provincial scope;

b) Granting the written confirmation of notification on postal activities for case of supplying postal services specified in point a, b, c clause 1, Article 25 of the Law on post in international or inter-provincial scope and cases specified in point d, dd, e, h clause 1, Article 25 of the Law on post.

3. The postal license, written confirmation of notification on postal activities for case of supplying postal services in international or inter-provincial scope shall concurrently be valid to supply postal services in provincial scope of relavent central-affiliated cities and provinces.

Article 10. Content of changes which must be notified

1. Contents must be notified when changing:

a) Change of legal representatives, address of main headquater and telephone number of enterprises compared to the latest dossier of application for postal license;

b) Changes of service quality norms; form of contract on supplying and using service; provisions relating to complaints, paying compensation compared to the latest dossier of application for postal license;

c) Changes of contents having been notified comparing to dossier of application for confirming notification of postal activities as prescribed in Article 7 of this Decree.

2. Within 07 working days after day of changing contents specified in clause 1 this Article, enterprises, organizations must notify in  writing (according to Form in Annex III) to the state agency with competence in grant of postal license, written confirmation of notification on postal activities.

3. If the contents of change specified in point b, c clause 1 this Article not consistent with law on post, within 05 working days after receiving the written notifying changes of enterprises, organizations, the competent state agencies which having granted postal license, written confirming notification on postal activities, must notify in writing to enterprises, organizations requesting for amendment and supplement in order to be suitable.

Article 11. Amendment and supplement of postal license

1. If need to change contents in the granted postal license, enterprises must perform procedures for amending and supplementing the postal license.  Agency granting the postal license is agency with competentce in amendment and supplement of postal license.

2. Dossier requesting the amendment and supplement of postal license is made into 01 set being original and submitted directly or via post to the competent state agency having granted the postal license.

3. A dossier requesting for amendment and supplement of postal license comprises:

a) Application for amending and supplementing postal license (according to Form in Annex IV);

b) Document relating to content requesting for amendment and supplement of postal license;

c) Copy of postal license being granted for the latest time.

4. Within 10 working days after receiving dossier meeting provisions in clause 2, clause 3 this Article, the competent state agency having granted postal license shall vertify and amend, supplement the postal license.  If not approve amendment, supplement, the competent state agency having granted the postal license, must notify in writing for enterprises and clearly state reson within 05 working days after receiving dossier of amend and supplement.

5. If amend and supplement of scope supplying postal services lead to change of competence of granting the postal license, enterprises shall submit dossier and perform procedures as application for new license.

Article 12. Regrant of the expiry postal license

1. Before the postal license is invalid, at least 30 days, enterprises providing postal services and having demand to continue to operate business, they must make 01 set of dosier being original in oder to apply for regrant of the postal license and directly submit or send via post to the competent state agency having granted the postal license.

2. A dossier of application for postal license, when being expiry, comprises:

a) Application for regrant of postal license (according to Form in Annex V);

b) Copy of postal license being granted for the latest time;

c) The financial statements of the latest 02 years which are sealed for confirmation and taken responsibility for accuracy of report;

d) The business project in the next period, if enterprise has loss for 02 consecutive years;

e) Documents specified in point dd, e, g, h, i, clause 2, Article 6 of this Decree, if having changes comparing to dossier requesting for grant of the nearest-time postal license.

3. Regrant of the postal license when being expiry is performed within 10 working days after receiving dossier meeting provisions in clause 1, clause 2 of this Article.

4. Procedures for regrant of the postal license are performed under order specified in Article 8 of this Decree.

5. If enterprise having the expiry postal license or not perform procedures for regrant of the postal license in proper time limit specified in clause 1 this Article, enterprise having demand of  regrant of the postal license must submit dossier and perform procedures as grant of new license.

Article 13. Regrant of the postal license and written confirming that notification was lost, spoiled, unusable

1. In case the postal licenses or written confirmations of notification on postal activities are lost or spoiled, unusable and enterprises, organizations want to be regranted, they must submit 01 set of dosier being original and submit directly or sent via post to the competent state agency having granted the postal licenses, or written confirmations of notification on postal activities.

2. Dossier for regrant of postal licenses, written confirmations of notification on postal activities which have been lost or spoiled, unusable including:

a) Application for regrant of postal license, written confirmation of notification on postal activities  (according to Form in Annex V);

b) The original of postal licenses in their unexpired time, written confirmations of notification on postal activities, for case of being spoiled, unusable.

3. Within 07 working days after receiving dossier meeting provisions in clause 1, clause 2 of this Article, the competent state agency, which having granted postal license, written confirmations of notification on postal activities, shall regrant these documents for enterprises.

4. The postal licenses, written confirmations of notification on postal activities which being regranted, are copies from originals being managed by the competent state agency, which having granted postal license, written confirmations of notification on postal activities.

Article 14. Charges

1. Enterprises, organizations being granted, amended and supplemented, regranted postal licenses, written confirmations of notification on postal activities, must pay a charge as prescribed by law.

2. The charges, management and use of charges for grant, amending and supplementing, regrant of postal licenses, written confirmations of notification on postal activities shall be implemented according to regulations of the Ministry of Finance.

Article 15. Use of the postal license and written confirmations of notification on postal activities

Enterprises, organizations granted the postal licenses and written confirmations of notification on postal activities shall:

1. To perform postal activities in accordance with content in the postal license or the written confirmations of notification on postal activities.

2. Not to repair, erase content in the postal license or the written confirmations of notification on postal activities.

3. Not to purchase, sale, transfer, except for attaching with transfer of entire enterprise due to purchase and sale or merger of enterprises. 

4. Not to lend, lease, mortgage.

5. To resubmit the postal licenses, written confirmations of notification on postal activities to the postal competent agency when having decision on withdrwal.

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