Conditions for Granting certificate of postal operation

Posted date: 19/09/2023

Legal Situation: Hello, Lawyer. I currently want to engage in business activities in the transportation services sector. I already have an enterprise registration certificate and would like to apply for a postal license to operate in this field. Please advise me on the conditions, process, and procedures for obtaining this certificate. Thank you, Lawyer.

Answer:

Thank you for your inquiry to FDVN Law Firm (FDVN). Regarding your question after researching legal regulations and comparing them with your situation, FDVN would like to provide the following answers:

1. Conditions for obtaining a postal service business license.

According to Article 21 of the 2010 Postal Law, 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 a postal license) granted by a competent state agency in charge of the post.

An enterprise is granted a postal license after fully satisfying the following conditions:

a) Having a business registration certificate for postal activities or an investment certificate in the post sector:

b) Being financially capable and staffed with personnel suitable to its business plan for business lines subject to licensing;

c) Having a feasible business plan that is compliant with regulations on postage rates and quality of postal services;

d) Developing measures to assure information security and safety for humans, postal articles, and postal networks.

2. Application for a postal license

Based on Article 6 of Decree No. 47/2011/ND-CP, as amended and supplemented by Decree No. 25/2022/ND-CP, the application for a postal license shall be prepared in one set comprising the following original documents:

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

- A copy of the Certificate of Business registration;

- The charter of an enterprise (if any);

- Business project;

- Form of contract on supply and use of postal services in line with the provisions of law on post;

- Form of icon, label, particular sy, symbol, or elements in a system of enterprise identification which are indicated on postal articles (if any);

- Price table of postal service charges in line with the provisions 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 resolving complaints in line with provisions of law on post;

- Agreements with other enterprises, and foreign partners in Vietnamese, in the case of cooperation to supply one, a few, or all stages of postal services being requested for license;

- Documents being consular legalized proving the legal status of foreign partners specified in point k, clause 2 of this Article.

- Franchise agreement with a business currently providing postal services (if applicable).

Business project, including the following principal contents:

- Information on the enterprise including name, address, telephone number, fax number, address for-mail of transaction headquarter, representative office, branch, website of the enterprise (if any), and other relevant information;

- Locations anticipated for supply of service;

- System and method of service management and operation;

- Process of supplying the service including the process of acceptance, trans, port, and delivery;

- Methods of supplying service which is organized by the enterprise or by cooperation in supplying service with another enterprise (in case of cooperation with another enterprise, the applicant must present in detail the 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;

3. Authority to issue postal licences by Article 9 of Decree No. 47/2011/ND-CP, as amended and supplemented by Decree No. 25/2022/ND-CP, the authority to issue postal licenses is as follows:

The Department of Information and Communications is authorized to: Issue and revoke postal licenses for cases involving mail services within the province.

The Ministry of Information and Communications is authorized to: Issue and revoke postal licenses for cases involving mail services across provinces and internationally.

4. Procedure for Issuing Postal Licenses by Article 8 of Decree No. 47/2011/ND-CP, as amended and supplemented by Decree No. 25/2022/ND-CP, the procedure for issuing postal licenses is carried out as follows:

- Enterprises, and organizations requesting a postal license, and written confirmation of notification on postal activities, submit directly or send dossier via post to the postal competent state agencies and take responsibility for the ccuracy and honesty of the dossier.

Notifying postal activities is performed within seven working days, from the first day of postal operation.

- Within a working period of 3 days from the date of receiving the application, the competent state authority for postal services may refuse to issue a postal license or a confirmation document for postal activities in cases that do not fall under its jurisdiction and must state the reasons for the refusal.

- From the date of receiving the application, the issuance of a postal license or a confirmation document for postal activities notification shall be carried out within the following timeframes:

a) 20 days for the examination and issuance of the postal license;

b) 10 working days for the examination and issuance of the confirmation document for postal activities notification.

- During this period, if the application does not meet the requirements, the competent state authority for postal services must notify the enterprise or organization of the necessary amendments and supplements.

- Within 15 working days from the date of notification, the enterprise or organization is responsible for making the requested amendments and supplements.

In cases where the enterprise or organization does not make the required amendments and supplements, or makes amendments and supplements but does not meet the requirements, the competent state authority for postal services shall issue a refusal notice for the postal license or the confirmation document for postal activities notification, specifying the reasons.

- The results of the postal license application process and the confirmation document for postal activities shall be returned directly or through public postal services.

The above is the advisory opinion of FDVN regarding the consulting request of our valued client, based on the study of legal regulations. We hope that FDVN's advisory opinion will be helpful to you.

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