Removing Obstacles in Regulations on Administrative Procedures Resolution via Postal Services

Viettel Post Joint Stock Corporation's Opinion on Decision by Binh Phuoc Province's Department of Information and Communications

Viettel Post Joint Stock Corporation believes that the above-mentioned Decision by the Binh Phuoc Province's Department of Information and Communications is not conformable with the law.

Through the system of receiving and responding to enterprises' petitions, Viettel Post Joint Stock Corporation requests the competent authorities to clarify whether the corporation is allowed to provide services for receiving and delivering administrative procedure dossiers and results.

The Ministry of Justice responds as follows:

Clause 2, Article 32 of the Postal Law of 2010 states: “The Prime Minister of the Government of Vietnam designates a state-owned postal enterprise to manage the public postal network and provide public postal services according to the tasks and plans assigned by the state.”

Based on this regulation, on August 3, 2011, the Prime Minister of the Government of Vietnam issued Decision No. 41/2011/QD-TTg on designating an enterprise to maintain, manage the public postal network, provide public postal services, and international postal services.

Article 1 of the aforementioned Decision designates Vietnam Post Corporation as the enterprise to maintain, manage the public postal network; provide public services according to state-assigned tasks and plans; provide international postal services and other services under international postal treaties to which Vietnam is a member.

Thus, Vietnam Post Corporation is the sole postal enterprise designated to sign contracts for providing services for receiving dossiers and delivering results of administrative procedures with administrative procedure-solving agencies.

According to Clauses 4 and 5, Article 3 of the Postal Law: “Public postal services are postal services provided at the state's request, including universal postal services, postal services for national defense, security, and other special tasks,” and “Universal postal services are postal services provided regularly to the public under conditions regarding volume, quality, and rates determined by competent state agencies.”

According to Clause 1, Article 2 of Decision No. 45/2015/QD-TTg dated September 24, 2015, by the Prime Minister of the Government of Vietnam on providing postal services and public services in press distribution activities: “Universal postal services are basic letter services with a specific address, having a unit weight of up to 2 kg.”

Based on these regulations, the service of receiving dossiers and delivering results of administrative procedures is a type of universal postal service.

Sending and Receiving Results of Administrative Procedures via Postal Services

Pursuant to Clause 4, Article 3, and Clause 2, Article 32 of the Postal Law, on October 19, 2016, the Prime Minister of the Government of Vietnam issued Decision No. 45/2016/QD-TTg regarding the receipt of dossiers and delivery of results of administrative procedures via public postal services. Article 1 of Decision No. 45/2016/QD-TTg defines the scope of adjustment as follows:

This Decision stipulates the receipt of dossiers and delivery of results of administrative procedures via public postal services upon request by organizations and individuals.

This Decision does not apply to the receipt of dossiers and delivery of results of administrative procedures for procedures that require organizations and individuals not to delegate and must be resolved directly.

In cases where organizations and individuals request administrative procedures and choose a postal enterprise that is not a public postal service provider to deliver dossiers to state agencies, the authorized person of the state agency solving the administrative procedures must accept and resolve them according to the provisions of the law.

Article 5 on forms of implementing administrative procedures via public postal services of Decision No. 45/2016/QD-TTg specifies: “Organizations and individuals may choose one of the following forms when implementing administrative procedures via public postal services:

1. Submit dossiers for resolving administrative procedures.

2. Receive results of administrative procedures.

3. Submit dossiers and receive results of administrative procedures.”

According to these provisions of Decision No. 45/2016/QD-TTg:

Organizations and individuals have the right (not the obligation) to choose public postal services to send dossiers and receive results of administrative procedures; they can choose one of the three forms of implementing administrative procedures via public postal services; if opting for public postal services, they must go through Vietnam Post Corporation and comply with the regulations of Decision No. 45/2016/QD-TTg.

Organizations and individuals may choose any postal service provider to deliver dossiers to competent state agencies to resolve administrative procedures.

Thus, the law does not restrict any postal service provider, including Viettel Post Joint Stock Corporation, from delivering dossiers at the request of organizations and individuals to competent state agencies to resolve administrative procedures.

Source: Financial Magazine

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