Conditions on the grant of postal service business licenses in Vietnam

Conditions on the grant of postal service business licenses in Vietnam (Internet image)

Regarding this problem, LawNet would like to answer as follows:

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.

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

Conditions on the grant of postal service business licenses in Vietnam as prescribed in Article 21 of the Law on Post 2010 are as follows:

- Any letter service provider that has a recipient address for a single letter weighing up to 2 kilograms (kg) must possess a postal service business license (below referred to as postal license) granted by a competent state agency in charge of post.

- 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 a postal license

Dossier of application for a postal license as prescribed in Clauses 1 and 2, Article 6 of Decree 47/2011/ND-CP (amended in Decree 25/2022/ND-CP):

- An application for postal license, comprising original copies of required documents, shall be prepared.

- 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 according to Clause 3, Article 6 of Decree 47/2011/ND-CP (amended in Decree 25/2022/ND-CP): 

++ 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;

++ Locations anticipated for supply of service;

++ System and method of service management, operation;

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

++ 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);

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

++ 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.  

+ 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 (amended in Decree 25/2022/ND-CP), which has undergone consular legalization;

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

Vo Van Hieu

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