The limited level of compensation liability in supply and use of postal services in Vietnam

The limited level of compensation liability in supply and use of postal services in Vietnam (Internet image)

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

1. What is the minimum limit liability to pay compensation?

The minimum limit liability to pay compensation is the lowest level to pay compensation which organizations, individuals must pay compensation for organizations, individuals suffering damages caused in postal service supply and use

(Clause 1, Article 2 of Decree 47/2011/ND-CP)

2. The limited level of compensation liability in supply and use of postal services in Vietnam 

According to Clause 1, Article 25 of Decree 47/2011/ND-CP, the minimum limited level of compensation liability is prescribed as follows:

- For domestic postal services: 04 times of charge (included repayed 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 repayed 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 repayed charge amount of used service.

3. Principles on paying compensation in supply and use of postal services in Vietnam 

The compensation for damage in the provision and use of postal services must comply with the principles specified in Article 24 of Decree 47/2011/ND-CP, specifically 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 not obtain causing by supply of postal services not warranted quality as agreement of 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 Decree 47/2011/ND-CP.

- Not paying compensation for the following cases:

= Postal services without documents confirming acceptance of postal articles;

= Service users have no documents proving service use.

4. Rights and obligations of postal service providers in Vietnam

In addition to the rights and obligations provided in the Law on Enterprises 2020, postal service providers have the following rights and obligations:

- To establish postal networks to provide postal services;

- To fully receive postages for their postal services;

- To check contents of merchandise packages and parcels before accepting them;

- To refuse to provide postal services when detecting that postal articles violate Article 12 of the Law on Post 2010 and their regulations on conditions on the provision of postal services;

- To dispose of postal articles without recipient as specified in Clause 5. Article 17 of the Law on Post 2010;

- To provide sufficient and accurate information on postal services to postal service users;

- To publicly post up at postal service points lists of articles and merchandise banned from sending, acceptance and transmission through postal networks as specified in Article 12 of the Law on Post 2010 and their regulations on conditions on the provision of postal services:

- To assure safety and security in the provision and use of postal services under Articles 13 and 14 of the Law on Post 2010;

- To be held responsible before law for intentional acceptance of postal articles in violation of Clauses 1, 2 and 3, Article 7 and Article 12 of the Law on Post 2010;

- To refrain from disclosing information on the use of postal services by organizations and individuals, except for the cases specified in Article 14 of the Law on Post 2010;

- To refrain from providing postal services in any form in violation of regulations on the scope of postal service for exclusive use;

- To get remunerations and reasonable expenses paid for carrying out procedures for importing or exporting international postal articles as stated in Article 15 of the Law on Post 2010 on behalf of postal service users:

- To provide the services of changing full names and addresses of recipients, withdrawing postal articles, forwarding and returning postal articles under Clauses 2 and 3. Article 16, Clauses 2 and 3, Article 17 of the Law on Post 2010;

- To settle complaints and disputes and pay compensations under this Law and other relevant laws.

(Article 29 of the Law on Post 2010)

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