Postal activities are increasingly playing an important role in meeting the demand for the transportation and delivery of goods, documents, and postal items both domestically and internationally. Under applicable laws, enterprises providing certain types of postal services are required to satisfy specific conditions and obtain a Postal License before commencing operations. So, what conditions must an enterprise satisfy to obtain a Postal License? What are the required documents, order, and procedures for applying for a Postal License?

In the article below, Hong Bang Law Firm will provide detailed information on the Procedures for Applying for a Postal License in accordance with current laws and regulations.

LEGAL BASIS

• Law on Post No. 49/2010/QH12;
• Decree No. 47/2011/ND-CP detailing the implementation of certain provisions of the Law on Post;
• Decree No. 25/2022/ND-CP amending and supplementing certain articles of Decree No. 47/2011/ND-CP dated June 17, 2011, of the Government detailing the implementation of certain provisions of the Law on Post;
• Circular No. 291/2016/TT-BTC regulating the rates, collection, payment, management, and use of fees for appraisal of postal operation conditions;
• Circular No. 25/2020/TT-BTC amending and supplementing certain articles of Circular No. 291/2016/TT-BTC dated November 15, 2016, regulating the rates, collection, payment, management, and use of fees for appraisal of postal operation conditions;
• Other relevant legal documents.

CONDITIONS FOR GRANTING A POSTAL LICENSE

Under the laws on postal activities, an enterprise applying for a Postal License is required to satisfy the following principal conditions:

1. Being lawfully established and operating in accordance with the laws on enterprises, investment, and postal activities, and having registered business lines appropriate to postal activities;
2. Satisfying capital requirements corresponding to the scope of postal services to be provided. Accordingly, the enterprise must satisfy the minimum capital requirements prescribed by law for domestic and international postal services;
3. Having a feasible business plan that complies with regulations on postal service charges and quality and meets market demands;
4. Having personnel appropriate to the business plan to ensure the proper organization and operation of postal services;
5. Having measures to ensure security and safety in postal activities, including safety for persons, postal items, the postal network, and information relating to the provision of postal services;
6. For international postal services, the enterprise must satisfy the requirements for cooperation with foreign partners as prescribed by law, including documents evidencing the legal status of the partner and an appropriate cooperation agreement or contract.

DOSSIER COMPONENTS

An application dossier for a Postal License includes:

1. Application for a Postal License made according to the prescribed form;
2. A copy of the Enterprise Registration Certificate or Investment Certificate, in the case of a foreign-invested enterprise;
3. The enterprise’s charter on organization and operation, where applicable;
4. Business plan, specifying information on the enterprise, operating territory, management system, service provision procedures, personnel plan, safety measures, and feasibility of the plan;
5. Sample contract for the provision and use of postal services;
6. Samples of the enterprise’s logo, trademark, and specialized symbols, if any;
7. Postal service quality standards;
8. Regulations on limits of liability for compensation for damages and the complaint settlement procedure;
9. Cooperation agreements or contracts with other enterprises or foreign partners, if any;
10. Other documents as prescribed by law, depending on the scope and type of postal services for which the enterprise applies.

For documents provided by foreign partners, consular legalization and translation into Vietnamese shall be carried out where required by law.

COMPETENT AUTHORITY

The competent authority for granting a Postal License is determined based on the scope of postal services to be provided, including:

• Intra-provincial postal services: The competent specialized agency under the Provincial-level People’s Committee shall handle the application in accordance with applicable regulations;
• Inter-provincial and international postal services: The competent central state management authority for postal activities shall handle the application in accordance with applicable regulations.

ORDER AND PROCEDURES

Step 1: Preparation and Submission of the Dossier

The enterprise shall prepare 01 complete dossier as prescribed and submit it directly, by post, or online through the public service system to the competent authority.

Step 2: Verification of the Validity of the Dossier

The competent authority shall receive and review the dossier.

If the dossier is incomplete or invalid, the receiving authority shall request the enterprise to supplement and complete the dossier in accordance with applicable regulations.

Step 3: Appraisal and Granting of the Postal License

After the dossier is complete and valid, the competent authority shall appraise the conditions for postal operations and the enterprise’s business plan.

If the enterprise fully satisfies the applicable conditions, the competent authority shall grant the Postal License to the enterprise.

If the application is refused, the competent authority must notify the enterprise in writing and clearly state the reasons for such refusal.

PROCESSING TIME

The time limit for processing an application for a Postal License is 20 working days from the date on which a complete and valid dossier is received.

If the dossier requires amendment or supplementation, the competent authority shall request the enterprise to complete the dossier in accordance with applicable regulations.

FEES

The appraisal fee for postal operation conditions shall be charged in accordance with the laws on fees and charges. The fee amount depends on the scope of postal services provided by the enterprise, including intra-provincial, inter-provincial, and international postal services.

VALIDITY PERIOD OF THE LICENSE

A Postal License shall be valid for a period of not more than 10 years from the date of issuance.

The above is our complete article on the Procedures for Applying for a Postal License. Should you require further consultation or detailed advice, or wish to access this service, please contact Lawyer Nguyen Duc Trong directly via Hotline: 0912.35.65.75*, or send your service request via email: lawyer@hongbanglawfirm.com.

Wishing you and your family good health and success!

Best regards!

Tags: POSTAL LICENSE