Dossier of application for postal license in Vietnam

Dossier of application for postal license in Vietnam (Internet image)

1. What is postal service?

According to Clause 3, Article 3 of the Law on Post 2010, postal service means a service of accepting, transmitting and delivering postal articles by various modes other than electronic ones from the place of the sender to the place of the recipient through the post network.

Public services include:

- Public postal service means a postal service provided at the request of the State, including universal postal service and postal service for national defense and security tasks and other special tasks.

- Universal postal service means a postal service constantly provided to the public under weight, quality and postage conditions prescribed by competent state agencies.

(Clause 4 and 5, Article 3 of the Law on Post 2010)

2. Conditions on the grant of postal service business licenses in Vietnam

According to Clause 2, Article 21 of the Law on Post 2010, 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.

3. Dossier of application for postal license in Vietnam

A dossier of application for postal license comprises:

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

- 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 of Article 6 of Decree 47/2011/ND-CP, which has undergone consular legalization;”

- A franchise agreement (if any) with the enterprise supplying postal services.

(Clause 2, Article 6 of Decree 47/2011/ND-CP; amendments and supplements at Point b, Clause 4, Article 1 of Decree 25/2022/ND-CP)

4. Cases of revocation of postal licenses in Vietnam

According to Clause 1, Article 24 of the Law on Post 2010, a state agency competent to grant postal licenses shall revoke a postal license if the licensed enterprise commits any of the following acts:

- Opposing the State of the Socialist Republic of Vietnam, to the detriment of the national security, social order and safety;

- Supplying false information or intentionally committing a fraud to obtain the license;

- Failing to maintain the licensing conditions:

- Providing postal services at variance with the license's contents, seriously harming the interests of the State and the legitimate rights and interests of organizations and individuals;

- Failing to provide the postal service(s) indicated in the license one year after the license is granted;

- Leasing or lending the license; illegally transferring the license.

Thanh Rin

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