Postal license in Vietnam

Postal service business license (Postal license) is only issued to businesses that meet the conditions for postal service business including capital conditions and other specific conditions. Once a postal license is granted, a business can legally operate postal services. In the article below, Viet An Law will present the procedures for granting a postal license in Vietnamaccording to current legal regulations.

Overview of granting postal license in Vietnam

Conditions for postal service business in Vietnam

Postal service business is a business line in the list of conditional market access for foreign investors according to the provisions of the Investment Law. Therefore, when investing and doing business in this field, in addition to meeting the access conditions set out in international commitments between Vietnam and the investor’s country of origin, foreign individuals/organizations are required to meet business conditions according to specialized laws similar to domestic investors.

To do business in this field, investors need a postal service business license with the following licensing criteria:

• Have an Enterprise Registration Certificate recording postal activities or an investment certificate in the postal sector;
• Have financial ability;
• Have personnel suitable for the business plan according to the content of the license request;
• Have a feasible business plan following regulations on postal service prices and quality;
• Take measures to ensure information security and safety for people, postal items, and postal networks.

Application dossier for postal license in Vietnam

According to the provisions of Article 6 of Decree No. 47/2011/ND-CP and its amended and supplemented, the components of the licensing dossier include:

Procedures for granting postal licenses

Step 1: Enterprise prepares and submits documents to the competent state agency

Enterprises prepare documents according to the desired scope of business to ensure that the documents meet the corresponding license type according to the regulations as instructed above.

Step 2: The state agency evaluates the licensing application

• In case of refusal: Within 03 working days from the date of receiving the dossier, the competent state agency in charge of postal services shall refuse to issue a postal license in cases without proper authority.
• In case the dossier does not meet regulations, the competent state agency in charge of postal services must notify the business or organization of the contents that need to be amended or supplemented.
• Within 15 working days from the date of notification, the enterprise is responsible for amending and supplementing documents as required.
• In case an enterprise or organization does not amend or supplement documents as required or makes amendments or supplements but does not meet the requirements, the competent state agency in charge of postal services shall notify the refusal to grant a postal license and clearly state the reason.

Step 3: Grant a postal license to the business or refuse the license

• From the date of receipt of the dossier meeting the provisions of the postal license issuance, the period is 20 days, including the verification and issuance of the postal license to the enterprise.
• In case of refusal to grant a postal license, within the prescribed time limit, the competent state agency must notify in writing and clearly state the reason.

State fee for granting postal license in Vietnam

According to the provisions of Circular 291/2016/TT-BTC regulating the collection rates, collection, payment, management, and use of fees for assessing postal operating conditions, as amended and supplemented by Circular 25/2020/TT-BTC and Circular 74/2022/TT-BTC, the currently applied state fee are as follows:

Procedures for notification of changes to postal licenses

Contents that must be notified when changing postal license documents

• Legal representative;
• Contact phone number of the legal representative;
• Charter capital of the enterprise;
• Postal service price lists;
• Postal service quality standards;
• Model contract for providing and using postal services;
• Regulations on complaints and compensation for damages related to postal services provided by businesses.

Notification procedure of changes to postal license documents

• Within 07 working days from the date of the change to the above content regulations, the organization must notify in writing the competent state agency that has issued the postal license.
• Within 05 working days from the date of receiving the written notice of change from the enterprise or organization, the licensing agency must notify the enterprise of amendments and supplements. Within 05 working days from the date of notification, businesses and organizations must make amendments and supplements as required.

Amending and supplementing postal licenses

In case of changing the content recorded in the issued postal license, businesses and organizations must carry out procedures to amend and supplement the postal license.

Method of submitting

Submit via the online public service system to the competent state agency that has issued the postal license.

Dossier requesting amendment and supplementation of postal license

• Application for amendment and supplementation of postal license;
• Documents related to the content of the request for amendments and supplements to the postal license.
• In case of amendments or additions to the scope of postal service provision leading to a change in the authority to issue postal licenses shall require the enterprise or organization to submit the application and carry out the following procedures such as issuance of postal licenses.

Procedures for amending and supplementing postal licenses

• Within 10 working days from the date of receipt of the dossier, the competent state agency that issued the postal license is responsible for verifying amending, and supplementing the postal license.
• In case of disapproval of the amendment or supplement, within 05 working days from the date of receipt of the dossier, the competent state agency that issued the postal license must notify in writing through the online public service system for businesses and organizations and clearly state the reason.

Procedures for reissuing postal license in Vietnam

Note: According to new regulations from 2022, applications for license amendments and reissues no longer require submitting a copy of the most recently issued postal license and the most recent 2-year financial report according to previous regulations of Decree 47/2011/ND-CP.

Some related questions

What types of postal licenses are there?

• Intra-provincial postal service license;
• Inter-provincial postal service license;
• International postal service license includes 03 scopes: Inbound international postal license; Outbound international postal license, and bi-directional international postal license.
• Written confirmation of notification of postal operations.

How much capital is needed for a postal service company?

Previously, Decree 47/2011/ND-CP had regulations on minimum capital to establish a postal service company, but the current regulation has been abolished according to Decree 25/2022/ND-CP.

How long is a postal license valid?

According to Article 22 of the Postal Law 2010, postal licenses are issued for a term not exceeding 10 years.

Regulations on the use of postal licenses

Enterprises and organizations granted postal licenses are responsible for:

• Postal activities comply with the content specified in the license.
• Do not edit or erase the content stated in the postal license.
• Do not buy, sell, or transfer postal licenses except in cases associated with the transfer of the entire enterprise due to a business sale or merger.
• Do not lend, lease, or mortgage postal licenses.
• Return the postal license to the competent postal agency when there is a decision to revoke it.

Consulting service for granting postal licenses of Viet An Law Firm

• Consulting on conditions for applying for a postal service business license;
• Consulting on preparing documents and information to complete documents and procedures for postal service business license;
• Drafting dossiers to apply for a postal service business license;
• On behalf of the enterprise, carry out procedures for applying for a postal service business license;
• Exchange and provide information to clients in the process of granting a postal service business license;
• Receive and return to clients the postal service business license;
• Consulting on renewal of postal service business license;
• Consulting on legal procedures after being granted a postal service business license;
• Consulting on legal issues arising related to the enterprise’s postal service business activities.

If you need advice on granting a postal license in Vietnam, please contact Viet An Law for the most effective support.

Disclaimer: This article was last updated in May 2024. Laws may have changed since then. Please contact Viet An Law to confirm the information in this article is current and for any legal assistance.