Level of compensation liability in postal service in Vietnam

Recently, the Government of Vietnam issued Decree No. 47/2011/NĐ-CP detailing the implementation of some content of the Law on Post.

Mức bồi thường thiệt hại trong dịch vụ bưu chính, Nghị định 47/2011/NĐ-CP

According to Decree No. 47/2011/NĐ-CP of Vietnam’s Government, the limited level of compensation liability is specified as follows:

1. The minimum limited level of compensation liability is prescribed as follows:

- For domestic postal services: 04 times of charge (included repaid amount of used service charge) of the used service;

- For international postal services transported by air: 09 SDR/kg (calculated under each step of 500-gram weight, the odd part is calculated as 500 gram) but not lower than 30 SDR/ postal article, adding the repaid charge amount of used service;  

- For international postal services transported by other methods: 05 SDR/kg (calculated under each step of 500-gram weight, the odd part is calculated as 500 gram), adding the repaid charge amount of used service.

2. In case of violating the signed contract because the announced time of entire path is not assured and the postal service users have documents proving such thing, enterprises supplying postal services shall repay charge of the used service for postal service users.

3. The compensation for international postal services in the framework of the document of Universal Postal Union, which was appointed for enterprises to supply, must observe regulations on compensation in that document.

Principles on paying compensation are specified as follows:

- Paying compensation for direct damages is implemented on the basis of contract on supply and use of postal services. Not paying compensation for indirect damages outside contract or benefit sources which are not obtained caused by supply of postal services not warranted quality as agreed by two parties.

- The postal articles being lost, spoiled or entirely swapped shall be paid compensation in accordance to regulation for each type of service. The compensation level is prescribed by enterprises and not lower than the limited level of compensation liability for each type of service as prescribed in Article 25 of this Decree.

- Not paying compensation for the following cases:

+ Postal services without documents confirming acceptance of postal articles;

+ Service users have no documents proving service use.

View more details at Decree No. 47/2011/NĐ-CP of Vietnam’s Government, effective from August 15, 2011.

Thuy Tram

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