Issue license for provision of postal services within the province in Vietnam

Provision of postal services within the province  means the provision of postal services in a province or city directly under the Central Government or higher.

An enterprise providing mail services with a receiving address with a single weight of up to 02 kilograms (kg) must have a license for provision of postal services. Thus, in the case of providing postal services for goods over 2 kilograms (kg), enterprises are not required to carry out procedures for issuance of postal service business licenses but make notices of postal operations.

The procedure for issuance of a Postal Permit in Vietnam is carried out as follows:

Legal basis

• Postal Law No. 49/2010/QH12 dated June 17th , 2010;
• Decree No. 47/2011/ND-CP dated June 17th 2011 of the Government of the Socialist Republic of Vietnam;
• Joint Circular No. 18/2015/TTLT-BTTTT-BTC dated July 17th , 2015 guiding the handling of unclaimed postage;
• Circular 22/2012/TT-BTTTT stipulates the scope of dedicated postal services.

Conditions for postal service enterprises

• Having a certificate of business registration of postal activities or an investment certificate in the postal sector;
• Have financial viability according to regulations;
• Voltage: In case of providing postal services within the province, the enterprise must have a minimum capital of VND 02 billion;
• Having personnel suitable to the business plan according to the contents of the license application;
• Having a feasible business plan in accordance with regulations on freight rates and quality of postal services;
• Take measures to ensure information security and safety for people, post and postal networks.

Dossier of application for a postal permit

• Application for a postal permit.
• A copy of the certificate of registration of postal business or investment certificate of postal activities in Vietnam certified by the enterprise itself and responsible for the accuracy of the copy;
• Charter of organization and operation of the enterprise (if any);
• Business plan;
• Form of contract for supply and use of postal services in accordance with the provisions of postal law;
• Logos, trademarks, distinctive symbols or elements of the enterprise’s identity system shown on the post (if any);
• The tariff list of postal services in accordance with the provisions of the law on postage;
• Published postal service quality standards shall be applied in accordance with the provisions of the law on postage;
• Stipulate the limit of liability for compensation for damage in case of damage, the process for settling customer complaints, the time limit for settling complaints in accordance with the provisions of the law on postage;
• Agreement with other enterprises or foreign partners in Vietnamese, in case of cooperation in supplying one, some or all stages of the postal service applying for a license;
• Consular legalized documents proving the legal status of the foreign partner;

Notes on dossiers for issuance of postal service business licenses

• Business plan, including the following main contents:
  • Information about the enterprise including name, address, phone number, fax number, email address (e-mail) of the transaction office, representative office, branch, website of the enterprise (if any) and other relevant information;
  • The area where the service is expected to be provided;
  • Systems and methods of service management and administration;
  • The service delivery process includes acceptance, transportation and delivery;
  • The method of service provision is organized by the enterprise itself or cooperates in providing services with another enterprise (in case of cooperation with another enterprise, the enterprise applying for a postal license must detail the scope of cooperation and coordination in ensuring safety, security, complaint settlement and compensation for damage to service users);
  • Measures to ensure safety for people, post, postal networks and information security in postal activities;
  • Analyze the feasibility and socio-economic benefits of the plan through indicators of output, revenue, costs, number of employees, taxes paid to the state budget, rate of return on investment in the next 03 years from the year of application for license.

Procedures for applying for a license for provision of postal services in Vietnam

Number of records

• The enterprise shall submit 01 dossier to the agency issuing the license for provision of postal services according to its competence.
• 01 set of records to keep at the enterprise.

Application form

Enterprises can choose to apply through one of the following forms:

• Directly at state agencies;
• Through the postal service;
• Web portal of the licensing authority (if any);

Postal Licensing Authority

Provincial/municipal Departments of Information and Communications.

The process of carrying out the procedure for issuance of a Postal Permit in Vietnam includes the following steps:

Step 1: Enterprises prepare documents

Enterprises prepare dossiers according to the scope of business desire to ensure that the dossier meets the corresponding license type as prescribed as instructed above to submit the dossier.

Step 2: Enterprises submit dossiers at competent state agencies

• The Department of Information and Communications of the province or city where the enterprise applies for a license to operate: appraise the license for an application for a license to provide postal services within the province:

Step 3: State agencies appraise licensing dossiers

• Within 03 working days from the date of receipt of the dossier, the competent state agency issuing the postal license shall send the receipt of the dossier to the email address (e-mail) of the enterprise or organization applying for a postal license.
• In case the dossier of application for a postal license does not meet the regulations, within 07 working days from the date of receipt of the dossier, the state agency competent to grant the postal license shall send the 1st notice of the contents to be amended and supplemented in the dossier. Within 15 working days from the date of notification, enterprises and organizations shall amend and supplement dossiers upon request.
• In case the dossier is not amended or supplemented according to regulations or there are amendments or supplements but not satisfactory, the competent state agency issuing the postal license shall send the 2nd notice within 07 working days from the end of the 1st notification period. Within 15 working days from the date of notification, enterprises are responsible for amending and supplementing dossiers as required.
• In case the dossier is not amended or supplemented as required, the competent state agency issuing the postal license shall issue a notice of refusal to grant a postal license within 07 working days from the end of the 2nd notification period.

Step 4: Issue a postal license to the business or refuse to grant it

• From the date of receipt of a dossier satisfying the provisions of the postal permit, the issuance of a postal license shall be carried out within 30 days, both the verification and the issuance of the postal license to the enterprise.
• In case of refusal to grant a postal license, the competent state agency shall, within the prescribed time limit, issue a written notice clearly stating the reason.

Some questions regarding the procedure for issuing intercity postal permits

How much is the intercity postal postal licensing fee?

The fees for issuing intercity postal licenses are as follows:

• Postal service license within the province: VND 10,750,000
• Written confirmation of notification of postal operations: VND 1,250,000

What procedures do I need to change the scope of postal service provision?

After being granted a postal license, the enterprise changes the scope of provision of postal services.

Changing the scope of provision of intra-provincial postal services to the provision of inter-provincial/international postal services requires procedures for issuance of new postal licenses.

Ministry of Information and Communications: appraise and grant licenses for dossiers of application for licenses to provide postal services within inter-provincial and international scopes.

After being granted a postal license, what procedures do businesses need to perform?

• Periodic reports in accordance with the Postal Law
• Notify the Department of Information and Communications of the operation of branches, representative offices and representatives of enterprises in provinces or centrally-run cities (this content is only stated in postal licenses issued by the Ministry of Information and Communications).

Consulting services for Postal License of  Viet An Law Firm

• Advising on conditions for registration for a license for provision of postal services;
• Consultancy on preparation of dossiers and information to complete dossiers and procedures for postal service business license;
• Drafting dossiers of application for a license for provision of postal services;
• Carry out procedures on behalf of the enterprise for application for a license for provision of postal services;
• Discussing and providing information to customers in the process of issuing postal service business licenses;
• Receive and return to customers the license for trading in postal services;
• Advising on the renewal of the license for provision of postal services;
• Advising on legal procedures after being granted a postal service business license;
• Advising on legal issues arising related to the postal service business of the enterprise.