What are the conditions on the grant of postal service business licenses in Vietnam? What does the application for a postal license include?
- What are the conditions on the grant of postal service business licenses in Vietnam?
- How long is the validity duration of postal licenses in Vietnam?
- What does the application for a postal license include?
- What are the procedures for issuing postal licenses and written confirmations of postal activity notification?
What are the conditions on the grant of postal service business licenses in Vietnam?
Pursuant to Clause 2, Article 21 of the 2010 Law on Post of Vietnam, the conditions on the grant of postal service business licenses are as follows:
An enterprise may be granted a postal license when fully satisfying the following conditions:
- Having a business registration certificate for postal activities or an investment certificate in the post sector:
- Being financially capable and staffed with personnel suitable to its business plan for business lines subject to licensing;
- Having a feasible business plan compliant with regulations on postage rates and quality of postal services;
- Devising measures to assure information security and safety for humans, postal articles and postal networks.
What are the conditions on the grant of postal service business licenses in Vietnam? What does the application for a postal license include?
How long is the validity duration of postal licenses in Vietnam?
Pursuant to Article 22 of the 2010 Law on Post of Vietnam stipulating as follows:
Contents and validity duration of postal licenses in Vietnam
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.
Thus, a postal license is valid for up to 10 years.
What does the application for a postal license include?
Pursuant to Clause 2, Article 6 of Decree 47/2011/ND-CP (added by Point b, Clause 4, Article 1 of Decree 25/2022/ND-CP), the application for a postal license includes:
- Application form for a postal license
- A copy of the enterprise registration certificate
- Enterprise’s charter (if any);
- Business projects;
- Form of contract on supply and use of postal services in line with provision of law on post;
- Form of icon, label, particular symbol or elements in system of enterprise identification which are indicated on postal articles (if any);
- Price table of postal service charges in line with provision of law on post;
- Quality standards of postal service published for application in line with provisions of law on post;
- 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;
- 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;
- Document about the legal status of the foreign partner specified in point k clause 2 Article 6 of Decree 47/2011/ND-CP, which has undergone consular legalization.
What are the procedures for issuing postal licenses and written confirmations of postal activity notification?
Pursuant to Article 8 of Decree 47/2011/ND-CP (amended by Clause 6, Article 1 of Decree 25/2022/ND-CP) stipulating the procedures for issuing postal licenses and written confirmations of postal activity notification as follows:
- Any enterprise or organization applying for issuance of a postal license or written confirmation of postal activity notification shall submit an application through the online public service system to the postal authority and take responsibility for its legitimacy, accuracy and truthfulness.
A postal activity shall be notified within 07 working days from the date of commencement of the postal activity.
- Within 03 working days from the receipt of the application, the postal authority shall refuse to issue the postal license or written confirmation of postal activity notification if the issuance thereof is outside its jurisdiction prescribed in Article 9 of Decree 47/2011/ND-CP and shall clearly state the reasons for its refusal.
- From the receipt of the application, the postal license or written confirmation of postal activity notification shall be issued within:
+ 20 days in the case of application verification and issuance of the postal license;
+ 10 days in the case of application verification and issuance of the written confirmation of postal activity notification.
- Within the time limit specified in clause 3 Article 8 of Decree 47/2011/ND-CP, if the application fails to satisfy the regulation, the postal authority shall notify the enterprise or organization of the contents that need to be modified.
- Within 15 working days from the date of notification, the enterprise or organization shall modify the application as requested.
If the enterprise or organization fails to modify the application as requested or modifies the application but the application remains unsatisfactory, the postal authority shall refuse to issue the postal license or written confirmation of postal activity notification and clearly state the reasons for its refusal.
- The notification in clauses 2, 4 and 5 Article 8 of Decree 47/2011/ND-CP by the postal authority shall be made in writing through the online public service system.
- The result of processing of the application for issuance of postal license or written confirmation of postal activity notification shall be given in person or through the public postal service.
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