Laws of Vietnam

CIRCULAR No. 02/1998/TT-TCBD OF JUNE 20, 1998 GUIDING THE IMPLE-MENTATION OF THE GOVERN-MENT'S DECREE No. 109/1997/ND-CP OF NOVEMBER 12, 1997 ON THE POST AND TELECOMMUNICATIONS NETWORK AND SERVICES

On November 12, 1997, the Government promulgated Decree No 109/1997ND-CP on Post and Telecommunications. The General Department of Post and Telecommunications hereby provides guidance for the implementation of the stipulations on post and telecommunications network and services in the said Decree as follows:

I. GENERAL PROVISIONS

1.1 This Circular guides the implementation of provisions on supply, use and management of post and telecommunications network and services vis-a-vis the providing enterprises and services users.

1.2 Rights and obligations of enterprises providing post and telecommunications services.

1.2.1 Rights:

- To organize public post and telecommunications network as prescribed in the licenses for provision of services;

- To refuse providing services if services users breach law;

- To establish co-operation with foreign countries according to contents and forms decided by the Prime Minister and the guidance of the General Department of Post and Telecommunications in order to expand the network and services.

1.2.2. Obligations:

- To organize the services of the post and telecommunications network nationwide including deep-lying and remote areas, in accordance with the State's planning and development plans and to ensure uninterrupted operations of the post and telecom-munications network even on holidays and Sundays;

- To organize the services, provision with quality as stated and to develop services to satisfy users' demands;

- To ensure correspondence confidentiality and safety for mails, parcels and money orders as prescribed by law. Staff members of enterprises providing post and telecommunications services must not take advantage of their occupation and positions to appropriate, cancel, open, exchange or disclose contents of mails, parcels, money orders or to disclose names and addresses of senders and receivers;

- To elaborate and register the quality norms of each type of services as stipulated in the General Department of Post and Telecommunications' Circular No 01/1998/TT-TCBD of May 15, 1998;

- To make compensation to those who are entitled to for damage caused by the post and telecommuni-cations services providing enterprises as prescribed in Item VI of this Circular;

- To co-ordinate with the competent State bodies in dealing with law-breaking cases in the supply and use of post and telecommunications services;

- To strictly abide by the stipulations on post and telecommunications prices, charges and fees set by the General Department of Post and Telecommuni-cations and the Government (according to the Prime Minister's Decision No. 99/1998/QD-TTg of May 26, 1998 on management of post and telecommunications prices, charges and fees); and

- To submit to the inspection and control by the General Department of Post and Telecommunications and the State competent bodies in the provision of post and telecommunications services.

1.3 Rights and obligations of users of post and telecommunications services

1.3.1 Rights:

- To use the post and telecommunications services provided by licensed enterprises;

- To be ensured of correspondence confidentiality and safety for mails, parcels and money orders in accordance with the provisions of law;

- To have freedom in choosing the providing enterprises;

- To make complaints and to demand compen-sation for damage as provided for in Part VI of this Circular;

- To change names or addresses of receivers or to withdraw mails, parcels and money orders before they are delivered to receivers.

1.3.2 Obligations:

- To observe the provisions of law in the use of services and must not use post and telecommunications services to oppose the State of the Socialist Republic of Vietnam; disturb social order and security; break ethical values and fine traditions and customs and undertake smuggling and other illegal activities;

- To facilitate enterprises' services to addresses;

- To be answerable before law to the contents of the information, objects and goods sent via the post and telecommunications network; to declare objects and goods in conformity with the sending slips and not to use names and addresses of other people to send mails, parcels and money orders without their consent; and

- To make payment of charges and fees for the services used.

1.4 Ownership to mails, parcels and money orders

Mails, parcels and money orders shall come under the senders' right to disposal before delivery to the receiver or the authorized receivers, except the following cases:

- Mails, parcels and money orders are proved to be a breach of law for which a confiscation order is issued by competent State authority(ies);

- The contents of mails and parcels cause pollution or objects and goods are deteriorated due to their natural properties which the enterprises are obliged to destroy.

In these circumstances, the services providing establishments shall notify the senders and forward to them a handling report for the latter's signature.

1.5 To ensure secrecy and safety for mails and parcels in favor of the users, mails and parcels shall be opened only in the following cases:

- They are determined as forsaken mails and parcels by a Council set out in Joint Circular No. 227/LB GTVTBD-TC dated August 31, 1992 of the Ministry of Finance and the General Department of Post and Telecommunications;

- The competent State authorities have the ground to ascertain that the mails or parcels contain objects and/or goods banned from trading, export and/or import by the State;

- They are subject to searching by the competent State authority(ies) in accordance with the provisions of the Code on Penal Procedures;

- The packings of mails and parcels are torn, thus exposing the contents thereof, and the post office have to make the packing and wrapping again; and

- Mails and parcels sent from Vietnam to foreign countries or from foreign countries to Vietnam contain objects or goods that must be subject to customs check to clear export or import formalities.

The opening of mails and parcels in the afore-said cases shall be done in strict accordance with the procedures stipulated by law.

II. PUBLIC POST NETWORK

2.1 The public post network is composed of technical centers and centers for post exploitation, transportation and management, mailing routes, system of post offices, service places, agents and letter-boxes installed in public places by post and telecommunications services providing enterprises throughout the country.

2.2 Centers

Depending on scope of operations, post and telecommunications services providing enterprises may set up technical centers and centers for post transportation and management for exploitation of post and telecommunications services to meet the requirements of services users.

2.2.1 A technical center is the one that exploits and professionally handles post and telecommunications services.

2.2.2. A transportation center is the one that specializes in organization of transportation of mails, parcels, journals, periodicals and goods to other centers or post offices in a region or the whole country.

2.2.3 A management center is the one that directs the exploitation or transportation in order to ensure regular and uniform operations of the public post network.

2.3 Post offices

Post and telecommunications services providing enterprises may organize separate transaction post offices, exploitation post offices or delivery post offices or may organize one post office performing the taking of delivery, exploitation and delivery of mails, parcels, journals, periodicals, money orders and goods. Post offices shall be built in residential quarters, public places, airports, sea ports and traffic centers convenient for services users as well as for the delivery and receipt of mail consignments.

Post offices shall put up their name plates, post office numbers and telephone numbers.

2.3.1 A transaction post office is the one organized for taking delivery and delivering of mails, parcels, money orders, journals, periodicals and goods to services users.

Transaction post offices shall post their opening hours, list of post and telecommunications prices, charges and fees and instruction for use of services.

2.3.2 An exploitation post office is the one that specializes in sorting, classifying destination directions of mails, parcels, money orders, journals, periodicals or goods for forwarding to centers or other post offices.

2.3.3 A delivery post office is the one that only handles the delivery of mails, parcels, money orders, journals, periodicals or goods to receivers.

2.3.4 Apart from these, the enterprises may set up other services places such as mobile post offices and kiosks to serve services users.

2.3.5 With regard to the provision of international post and telecommunications services, besides the above-mentioned types of post offices, there are foreign transaction post offices, customs post offices, customs inspection points and border-gate post offices.

2.3.6 A foreign transaction post office is an office that carries out exchange of mail consignments with foreign countries and also the place where customs formalities are effected vis-a-vis export and import objects and goods sent via public post network. Transaction post offices shall be placed at sites convenient for forwarding and receiving of international mail consignments.

2.3.7 A customs post office is an office that only effects customs formalities for export and import objects and goods sent via public post network; it also organizes the taking delivery and delivery of international mails and parcels. Customs post offices shall be set up in localities where exist Customs Departments and regular and great flow of international mails and parcels.

2.3.8 A border gate post office is an office that is set up at a border-gate to perform forwarding and receiving of international road mail consignments between Vietnam and a neighboring country(ies) that shares the border; it also carries out procedures for taking delivery and delivery of international mails and parcels.

2.3.9 A customs inspection point is a place where customs formalities shall be cleared for export and import objects and goods sent via post and telecommunications services providing enterprises performing international express forwarding and delivery services.

2.4 An agent is a Vietnamese organization or individual that represents a post and telecommuni-cations services providing enterprise to supply services to users at original prices and charges and receive agency commission.

2.4.1 Post and telecommunications services providing agents include the following types:

- Post agents;

- Press distribution agents; and

- Philatelic stamp agents.

2.4.2 The General Department of Post and Telecommunications shall promulgate the Regulation on Post and Telecommunications Agents to stipulate conditions, formalities, obligations and rights of agents.

2.5 Mailing routes are those routes on which mail consignments comprising bags, packages and containers containing mails, parcels, journals and periodicals are transported by post and telecommunications services providing enterprises from forwarding centers or post offices to receiving centers or post offices on a frequent and regular basis. Departure and arrival times of mail consignments must be set in advance.

2.6 A letter-box is a place where letters are posted and is installed at public places convenient for users.

2.7 Opening hours for services

Opening hours for services at transaction post offices shall be at least 8 hours a day including holidays and Sundays. Depending on each locality's circumstances in each locality, post and telecommunications services providing enterprises shall fix the specific opening hours for each type of post offices. Service times shall be posted at service points. Post and telecommunications services providing enterprises shall ensure that a permanent section is on duty after opening hours of the transaction post offices to deal with emergency cases (i.e. receiving telex or telephone calls at night).

2.8 Organization of specialized post transport force

2.8.1 Post and telecommunications services providing enterprises are entitled to organize their own specialized post transport forces. Specialized means of transport shall be painted in uniform colors and shall bear the own logos of their enterprises. Paint colors and logos must be registered with the Industrial Property Office of the Ministry of Science, Technology and Environment and reported to the General Department of Post and Telecommunications.

2.8.2 Post and telecommunications services providing enterprises shall stipulate the itineraries for forwarding and receiving of mails packets and parcels in order to assure the quality norms for each type of services the enterprises have registered and shall make known these itineraries to services users.

2.8.3 In case of emergency concerning national security or in the event of natural calamities or war with the enemy, post and telecommunications services providing enterprises shall use their means of transport to transport urgent official letters or orders at the requisition of presidents of the People's Committees of provinces and centrally-run cities.

2.8.4 Where a transport means carrying mails packages and parcels is caught in an accident or breaks down en route, post and telecommunications services providing enterprises shall seek every way to overcome the consequences thereof by:

- Promptly taking out and keeping mails packages and parcels;

- Co-ordinating with the local administration where the incident takes place in case of necessary in order to protect mails packages and parcels, journals and periodicals.

2.8.5 Where mails packages, parcels, journals, periodicals and goods are damaged or lost as a force majeure, the enterprises shall get certification by the local administration where the incident takes place.

2.9 Checking and searching of mails packets and parcels en route of transportation

2.9.1 Searching of mails packages and parcels en route of transportation is prohibited. Where competent State bodies have the ground to believe that the mails or parcels contain illegal goods they shall make checking and searching only at the original or delivery post offices except for emergency cases concerning national security, the mails or parcels shall be brought to the nearest post offices for handling.

2.9.2 The competence and formalities for checking and searching are stipulated in Joint Circular No. 05/TTLT of July 26, 1997 of the General Department of Post and Telecommunications, the Ministry of the Interior (now the Ministry of Public Security), the Ministry of Finance and the Ministry of Trade, titled "Guidance to inspection and handling of violations concerning commercial goods sent via domestic mailing routes".

2.9.3 With regard to mails and parcels containing export and import goods sent from Vietnam to foreign countries and from foreign countries to Vietnam, the checking shall be made according to Joint Circular No. 06/TTHQ-BD dated June 20, 1995 of the General Department of Customs and the General Department of Post and Telecommunications.

III. POST AND TELECOMMUNICATIONS SERVICES

A. TYPES OF POST AND TELECOMMUNICATION SERVICES

3.1 Post and telecommunications services are those services that take delivery, forwarding and delivery of letters, objects, goods, journals, periodicals and money via public post network.

3.2 Post and telecommunications services are composed of basic services and other services.

3.2.1 Basic services are traditional post and telecommunications services which the post and telecommunications services providing enterprises have provided in a systematic way at home and abroad in conformity with the stipulations of the Universal Postal Union (U.P.U.). Basic services include:

- Mails services;

- Parcels weighing up to 31.5kg;

- Journals and periodicals distribution services; and

- Money transfer services.

3.2.2 Other services are post and telecommunications services developed additionally and provided on the basis of the existing public post network of the post and telecommunications services providing enterprises. Other services include (but not limited to) the following types of services:

- Philatelic stamp business services;

- Express forwarding and delivery services;

- Mails services without addresses;

- Authorized post and telecommunications services;

- Heavy parcels services (with volume of more than 31.5 kg);

- Types of combined services between post and telecommunications that involve post network such as floral telex services, electronic mail and datapost; and

- Other post financial service types which are stipulated in section 3.8.2.

3.3 Stipulations on provision and use of post and telecommunications services.

3.3.1 The provision and use of post and telecommunication services shall be specified in the Services Rules.

3.3.2 Basing on the Services Rules, the post and telecommunications services providing enterprises shall promulgate exploitation process in respect of each type of service permitted for provision.

B. MAILS AND PARCELS SERVICES

3.4 Mails include letters, postcards, publications, teaching materials for the blind and small packages

3.4.1. A letter is a written or printed statement, containing private information between the sender and the receiver. A letter shall be put in an envelope, sealed and kept confidential. The maximum volume of a letter is 2 kg. A letter shall not contain object(s) or goods.

3.4.2 Postcards are made of board or durable types of paper convenient for exploitation. A postcard may be posted without an envelop or put in an envelop but not closely sealed.

3.4.3 Publications are handwritings, prints on paper or on common materials used for printing and are printed or photocopied into many similar duplicates. A mail of publication shall have the maximum volume of 5 kg.

3.4.4 Teaching materials for the blind are letters printed in Braille posted open or Braille text for the blind. Sound recording tapes and disks reserved for the blind are also considered teaching materials for the blind if these tapes and disks are sent by or to the blind's schools. The maximum volume of a mail of teaching materials for the blind is 7 kg.

3.4.5 A small package is a mail containing object(s) or goods. A small package shall have the maximum volume of 2 kg.

3.5 A parcel is a package of goods or objects sent via public post network. Goods sent in parcels for business purpose must have sufficient relevant documents in accordance with the stipulations of the Ministry of Finance to the effect that they are of lawful origin.

3.6 Only post and telecommunications services providing enterprises licensed by the General Director of Post and Telecommunications shall be entitled to provide letter services. Other organizations and individuals are strictly forbidden to provide letter forwarding, transport and delivery services at home and abroad. At present, the Post and Telecommunication Corporation is the only enterprise licensed to provide letter services.

3.7 Diplomatic bags sent via the network of post and telecommunications services providing enterprises shall comply with the Vienna Conventions of 1961 on diplomatic immunity and of 1963 on consular matters and the Ordinance on the priority and immunity granted to diplomatic representations, consular offices and representations of international organizations promulgated by the President of the State in his Order No. 25L/CTN of September 7, 1993.

C. POST FINANCIAL SERVICES

3.8 Post financial services are those financial services provided via public post network.

Post financial services are divided into the two following types:

3.8.1 Money transfer, which includes (but not limited to) the following types:

- Money transfer by mails;

- Money transfer by cable;

- Money transfer by lists; and

- Express money transfer.

3.8.2 Other services comprise (without limitation to) the following services:

- Post bills;

- Post checks;

- Post traveller's checks;

- Delivery of goods and collection of money;

- Transfer;

- Payment via the post (payment via Giro personal account)

- Money collection and payment: collection of telecommunications service charges, water and power supply charges, house rents and payment of pensions; and

- Post savings.

IV. POSTAGE STAMPS

4.1 A postage stamp is a special print used for the payment of post charges and also for the purpose of philately.

Products of postage stamps comprise stamp bloc, stamp-printed envelops and postcards, etc.

4.2 The General Department of Post and Telecommunication is the sole agency entitled to issue postage stamps; to prescribe the time limit for postage stamps valid for payment of post charges and to suspend issue of, revoke and cancel postage stamps.

4.3 Vietnamese postage stamps are issued in accordance with "Vietnamese criteria" coded TCVN 6055:1995 promulgated by the General Department of Post and Telecommunications together with Decision No. 130/QD-KHCN of March 26, 1996.

4.4 Programs on topics of postage stamps.

4.4.1 Programs on topics of stamps must define clearly the topic name of each stamp set, the quantity of samples, the date and forms of issue.

4.4.2 The General Department of Post and Telecommunications of Vietnam shall elaborate annual and five-year programs on topics of postage stamps. The issue of postage stamps to mark big anniversaries must be approved by the competent State agency.

4.4.3 The General Director of Post and Telecommunications shall approve programs on topics of postage stamps.

4.5 Approving stamp designs.

4.5.1 The General Department of Post and Telecommunications shall approve stamp designs on the basis of the annual programs on topics of postage stamps.

The General Department of Post and Telecommunications shall decide on additional topics and postage stamp designs.

4.5.2 Stamp designs must be evaluated by a consulting council set up by the General Department.

This consulting council is composed of representatives of the following agencies: the Central Ideological and Cultural Commission (for stamps marking big anniversaries), the General Department of Post and Telecommunications, the Vietnam Fine Arts Association, the Vietnam Philatelic Association, the Vietnam Post and Telecommunications Corporation, and experts in stamp designs. The consulting council shall be responsible for making reports on stamp design evaluation.

4.5.3 The time limit for submitting stamp designs

Stamp designs presented to the General Director of Post and Telecommunications for approval and signing must be submitted prior to the first day of issue as follows:

- 5 months in respect of stamp sets printed at the Post and Telecommunications' Stamp Printing House;

- 8 months in respect of stamp sets printed at other domestic printeries; and

- 11 months in respect of stamp sets printed abroad.

4.5.4 Dossiers for submission of stamp designs for approval comprise:

- The stamp designs amended according to the view of the consulting council;

- The stamp design evaluation report of the consulting council;

- The official documents used for designing the stamps;

- The dimensions and detailed color indications of the designs;

- The views of the specialized agency related to the stamp designs;

- The proposals of the Vietnam Post and Telecommunications Corporation and the draft decision for printing and issuing the stamps.

4.5.5 The General Director of Post and Telecom-munications shall approve the stamps designs and issue a decision for printing and issuing of the stamps within 14 days from the date of receipt of dossiers in accordance with the stipulations at Point 4.5.4.

4.6 Printing of stamps

4.6.1 The quantity of stamps printed must be in strict conformity with the decision of the General Director of Post and Telecommunications.

4.6.2 Where the quantity of stamps printed is different from that specified in the decision, the agency that orders the printing must make a report for the General Director of Post and Telecommunications to form a council to deal therewith.

4.6.3 Stamps must be printed at the Post and Telecommunications' Stamp Printing House. Where it is necessary to print stamps in other places or in foreign countries, the permission of the General Director of Post and Telecommunications is required.

4.7 Issuing postage stamps.

4.7.1 After stamps are printed, the General Department of Post and Telecommunications shall announce the issuance of new stamps. Postage stamps shall be of use value only from the date mentioned in the announcement.

4.7.2 Each stamp set shall have a separate code. The numeration of codes shall be done in accordance with the General Director of Post and Telecom-munications' Decision No. 376/CSBD of June 30, 1997.

4.7.3 Postage stamps issued on special occasions shall be marked with celebration seals and have an envelop marking the first day of their issue.

4.7.4 The procedures for issuing postage stamps shall be stipulated by the General Department of Post and Telecommunications in a separate document.

4.8 Selling prices of postage stamps

4.8.1 The selling price of a postage stamp for the payment of the post charge is the price printed on the stamp, which is called the face price of the stamp.

The selling price of philately stamps shall be set by the post and telecommunications services providing enterprises.

4.8.2 Where it is necessary to collect surcharges in support of social welfare funds for humanitarian reasons, the permission of the Prime Minister is required before the issue of postage stamps with surcharge(s) printed thereon. Postage stamps with surcharge(s) shall be issued once in five years. The time limit valid for payment of the post charge in respect of the stamps with surcharge(s) shall not be more than six months.

4.8.3 The General Department of Post and Telecommunications shall promulgate the Rules for the philatelic stamp business. Pending promulgation of such Rules, any organization or individual wishing to deal in philatelic stamps in whatsoever form must register as an agent with the Vietnam Philatelic Company.

4.9 Export and import of postage stamps

4.9.1 Those organizations and individuals that wish to export or import postage stamps must be agreed upon by the General Department of Post and Telecommunications.

4.9.2 Imported stamps must be those that do not have poisonous contents, are not contrary to the fine traditions and customs and conform to the law of Vietnam.

4.9.3 Export or import of stamps with the quantity of more than 5 sets or more than 40 stamps must apply for agreement from the General Department of Post and Telecommunications.

4.9.4 The General Department of Post and Telecommunications shall grant agreements for export, import, temporary import for re-export or temporary export for re-import of stamps for the following organizations and individuals:

- Post and telecommunications services providing enterprises;

- The Vietnam Philatelic Association; and

- Those who have a quantity of stamp samples bigger than 50.

4.9.5 The regional Post and Telegraph Managing Departments shall grant agreements for export, import, temporary import for re-export or temporary export for re-import of stamps to organizations and individuals based in the regions under their respective management with the quantity of not more than 50 stamp samples.

4.9.6 Addresses for receiving applications and dealing with the granting of agreements:

- The General Department of Post and Telecommunications, 18 Nguyen Du, Hanoi;

- Department of Post and Telecommunications of Zone II, 27 Nguyen Binh Khiem, District 1, Ho Chi Minh City;

- Department of Post and Telecommunications of Zone III, 30 Tran Quoc Toan, Da Nang.

4.10 Protection and keeping postage stamps in archives

4.10.1 The destruction of stamp design stereotypes, conservation and keeping of stamp designs in archives shall be carried out in conformity with the Regulations on "Printing and issuing of postage stamps" issued by the General Department of Post and Telecommuni-cations.

4.10.2 The stamp archives is the national asset, which is assigned to Vietnam Post and Telecommunications Corporation for management. The stamp archives must be maintained in accordance with the provisions of law.

The quantity kept in the archives are stipulated as follows:

- 300 stamps for each stamp design;

- 30 blocs for each stamp bloc design;

- 10 for each stamp product such as stamp postcards, stamp-printed envelops and postcards, maximum card, etc...

V. LICENSING POST AND TELECOMMUNICATIONS SERVICES

5.1 The General Department of Post and Telecommunications is the body that issues various types of licenses for provision of post and telecommunication services:

- Establishment of network and provision of post and telecommunication services;

- Acting as agents for foreign express forwarding and delivery companies; and

- Business of printing of postage stamps.

5.2 Conditions for application for licenses.

An enterprise that wishes to apply for licenses for provision of post and telecommunication services must meet the following conditions:

- To be a post and telecommunications services providing enterprise established or permitted by the Prime Minister to be established or other enterprise permitted by the Prime Minister to supplement the post and telecommunications services provision as its new business line;

- To be issued an establishment decision by the managing agency;

- To have business registration as provided for by the Ministry of Planning and Investment;

- To have its own Statute of organization and operations;

- To have adequate material basis for organizing services providing network; and

- To have a staff of managerial cadres and operating workers commensurate with its technological level and operating.

5.3 Procedures for applying for licenses

5.3.1 Dossiers of application for licenses shall comprise:

- An application for license for services provision;

- The establishment decision or decision permit-ting the establishment of enterprises by the Prime Minister and the business registration;

- Plan for services provision;

- A copy of the contract signed with partner(s) if applying for acting as agent for foreign express forwarding and delivery companies; document evidencing foreign partner(s)' legal person status and a document justifying the material basis for the performance of the contract and the development plan of the post and telecommunications services providing enterprise that wishes to act as agent.

5.3.2 Time limit for licensing

The General Department of Post and Telecom-munications shall make evaluation and licensing within 45 days from the date of receipt of the valid dossiers. Where new problems arise that need re-examination, the foregoing time limit may be prolonged but must not exceed 60 days. In case a license is not granted, the General Department of Post and Telecommunications shall give the reasons in writing within 30 days from the date of receipt of the valid dossiers.

5.3.3 Address for receiving dossiers of application for licenses

- The General Department of Post and Telecommunications, 18 Nguyen Du, Hanoi

5.3.4 Time limits of licenses

Depending on the scale and scope of services provision, the time limits of licenses shall be specified but shall not exceed:

- 20 years with regard to the establishment of a network and provision of post and telecommunications;

- 5 years in respect of international express forwarding and delivery services agent; and

- 20 years for the business of printing postage stamps.

Upon expiration of the afore-said time limits, if enterprises wish to continue their operations, they shall apply for renewal. The renewal formalities are the same as the first application for license.

5.4 The General Director of Post and Telecommunications may suspend or withdraw licenses if enterprises, after one year calculating from the date of licensing, have failed to proceed with operations prescribed in the licenses without well-grounded reasons.

5.5 The General Department of Post and Telecommunications shall grant licenses on the basis of the permission of the Prime Minister and the consent of the branches concerned for a number of types of services relating to State management by other ministries and branches.

5.6 Enterprises that apply for services providing licenses shall pay fees in accordance with the stipulations of the Ministry of Finance.

5.7 The General Director of Post and Telecommunications shall issue decisions on:

- Closing and opening of international mailing routes;

- Closing and opening of post and telecommunications services; and

- Closing and opening of foreign transaction post offices, customs post offices, border gate post offices and customs inspection points.

Where an enterprise has a requirement to open foreign transaction post offices, customs post offices, border -gate post offices and customs inspection points in any localities, it shall attach with its application a statistical list of the flow of exported and imported mails and parcels over the two most recent years and the actual requirements of the enterprise. The General Department of Post and Telecommunications, upon receipt of dossiers, shall issue decisions to establish foreign transaction post offices, customs post offices, customs inspection points or border-gate post offices after reaching an agreement with the General Department of Customs.

5.8 Testing of networks and services

5.8.1 Where a post and telecommunications services providing enterprise wishes to test its networks and services, it shall apply for permission from the General Department of Post and Telecommunications. Basing on the presented plan, the General Director of Post and Telecommunications shall consider and decide to give permission to the enterprise to carry out such testing of networks and services.

5.8.2 In the course of testing, the enterprise shall specify in the contract signed with the users that the services are being tested so that after termination of the testing period, if the testing project is not put into official operation, the users' interest shall not be affected.

5.8.3 Upon expiration of the testing time, the enterprise shall make a report on the results of testing. Where the services have the potential for development, the General Department of Post and Telecommunications shall issue a decision allowing the enterprise to officially provide the services.

5.9 Opening of new services

5.9.1 Where a post and telecommunications services providing enterprise wishes to open new services, it shall file application dossiers with the General Department of Post and Telecommunications. Basing on the enterprise's proposals and implementation plan, the General Director of Post and Telecommunications shall decide to give permission to the enterprise to provide such services

5.9.2 Dossiers of application for opening new services shall include process for exploitation of services, proposals on service charges and implementation plan.

5.10 Where an enterprise or organization other than a post and telecommunications services providing enterprise wishes to provide the services of express forwarding and delivery of documents, materials, objects and goods having volume under 31.5 kg, it shall get the agreement of the General Department of Post and Telecommunications before asking for permission from the Prime Minister.

VI. COMPLAINTS AND COMPENSATION

6.1 Complaints about services quality

6.1.1 The time limits for lodging complaints are stipulated as follows:

- 12 months from the date of registration for forwarding with regard to mails, parcels, domestic and international money transfer services;

- 4 months after the date of conclusion of the announced time norm with regard to express forwarding and delivery services;

- Complaints shall not be settled after the time limits for lodging complaints expire with the exception of members of the armed forces on duty at border regions and islands, but the time limits shall be extended only for 3 months more compared to those prescribed for domestic services.

6.1.2 Settlement of complaints is stipulated as follows:

- Post and telecommunications services providing enterprises shall arrange receiving of services users' complaints at transaction post offices;

- Where complaints are made in writing, the receiving unit shall notify complainants in writing of its receipt within 48 hours from the moment it receives the same;

- The unit that receives complaints shall be responsible for providing guidance on necessary procedures to complainants;

- With regard to journal articles, views reported over radio and television and letters reflecting services provision, the relevant post and telecommunications services providing enterprises shall be responsible for notifying senders of their receipts and answering the complainants.

- Complainants shall provide papers and documents relating to their complaints and be responsible for the contents of their complaints.

- The post and telecommunications services providing enterprises shall notify complainants of the results of settling their complaints.

6.1.3 The time limits for settlement from the date of receipt of complaints are stipulated as follows:

- 2 months for domestic mails, parcels and postal cheques; and

- 3 months for international mails, parcels and postal cheques.

Where investigation has not yet completed upon termination of the foregoing time limits, the enterprises shall make compensation for those who are entitled to in accordance with the stipulations in Point 6.3, Item VI hereof.

6.2 Types of services entitled to compensation

Post and telecommunications services providing enterprises shall be responsible for compensating for damage caused by their errors for the following types of services:

- Numerated mails;

- M Bags (bags containing journals, periodicals, publications and printed matters sent to the same receiver at one address);

- Mails and parcels with price declarations;

- Parcels of various types;

- Express forwarding and delivery mails and parcels of various types; and

- Money order of various types.

6.3 Principles for compensation

6.3.1 Compensation shall be made in Vietnamese currency only.

6.3.2 Where an A mail (mails with certification of sending) is lost, the collected charge shall be refunded.

6.3.3 With regard to numerated mails, compensation shall be made according to types of mails. Where a domestic numerated mail is lost or entirely damaged, the collected charge shall be refunded.

6.3.4 With regard to parcels of 31.5 kg or less, compensation shall be made according to the volume brackets and where parcel is lost or entirely damaged, the collected charge shall be refunded.

6.3.5 With regard to mails and parcels with price declarations, compensation shall be made according to the prices which the senders have declared when sending them and where mails and parcels were lost or entirely damaged, the collected principal charge shall be refunded.

6.3.6 With regard to express mail service (EMS), compensation shall be made as the case with mails and parcels of the same type, the same volume bracket and the collected charge shall be refunded. If forwarding is retarded compared with the announced time norm, the collected charge shall be reimbursed.

6.3.7 With regard to services of parcels of more than 31.5 kg and types of goods transport services such as authorized postal services and forwarding and warehousing, compensation shall be made according to agreements in the contracts signed between enterprises and clients or according to the law provisions on goods transport.

6.3.8 With regard to financial post services, enterprises shall reimburse the money remitted and charges and pay interest according to the stipulations in Clause 2, Article 313 of the Civil Code.

6.3.9 Compensation money shall be paid to senders or the authorized senders. Where receivers agree to receive numerated mails, mails with price declarations or mails that are damaged, the receivers shall be entitled to take compensation. After compensation, where post and telecommunication services providing enterprises confirmed that these mails, parcels or money orders had been delivered in due form or the damage, tardiness and erroneous delivery were caused by senders' mistakes, the persons that had received the compensation shall reimburse the compensated sum they had been given.

6.3.10 With regard to the mails and parcels services sent from Vietnam to foreign countries and from foreign countries to Vietnam, compensation shall be made according to International Treaties which Vietnam has signed and acceded to. Depending on specific cases, enterprises shall reimburse the collected charges and make compensation for the tax paid in Vietnam (if any) to senders or the authorized senders. For numerated mails, the collected charge shall not be reimbursed.

6.4 The General Department of Post and Telecommunications shall stipulate the levels of compensation.

6.5 Services providing enterprises shall not make compensation in the following cases:

- Normal mails;

- Force majeure: natural calamities, war with the enemy or unexpected circumstances beyond services providing enterprises' ability to overcome;

- Damage or erroneous delivery caused by senders' mistakes;

- Objects or goods ruined due to their natural properties;

- Mails or parcels containing objects or goods confiscated or destroyed by the competent State bodies under the provisions of law;

- Mails or parcels sent abroad are seized according to the laws of the receivers' countries;

- Mails or parcels with price declarations whose senders have overstated the real value of their contents;

- Mails, parcels or money orders duly delivered or which receivers make no complaints upon receipt; and

- Indirect damage or interest unrealized due to losses or damage of mails, parcels or money orders.

6.6 Post and telecommunications services providing enterprises shall not be responsible for services users' customs declarations in respect of mails or parcels sent to foreign countries or from foreign countries to Vietnam as well as handling decisions by customs authorities or other competent State bodies when clearing export or import procedures.

VII. ORGANIZATION OF IMPLEMENTATION

7.1 This Circular shall take effect 15 days after its signing. All previous stipulations contrary to this Circular are now revoked.

7.2 Any problems arising in the course of implementation shall be reported in time to the General Department of Post and Telecommunications for guidance or consideration for supplement or amendment.

General Director

of Post and Telecommunications

MAI LIEM TRUC