Enterprises wishing to operate in the sector of post need to carry out procedures for applying for postal licenses at competent state agencies. Hong Bang Law Firm, with experienced team in the field of corporate consulting, business licensing procedures would like to send to clients for advice as follows:

Legal basis

• Law on Post No. 49/2010/QH dated June 28, 2010;
• Decree No. 47/2011/ND-CP dated June 17, 2011 detailing the implementation of some content of the law on post;
• Circular No. 291/2016/TT-BTC dated November 15, 2016 of the Ministry of Finance regulation on the level of collection, mode of collection, submission, management and use of fees for appraisal of post operation conditions.

Conditions for licensing postal services

An enterprise may be granted a postal license when fully satisfying the following conditions:

• Having a business registration certificate for postal activities or an investment certificate in the post sector:
• Being financially capable and staffed with personnel suitable to its business plan for business lines subject to licensing. The minimum capital be indicated in the Certificate of Business registration on postal activities or certificate of investment in postal activities in Vietnam of enterprises.

• • For case of supply of postal services in provincial or inter-provincial scope, enterprises must have the minimum capital of VND 02 billions;
  • For case of supply of international postal services, enterprises must have the minimum capital of VND 05 billions.
• Having a feasible business plan compliant with regulations on postage rates and quality of postal services;
• Devising measures to assure information security and safety for humans, postal articles and postal networks.

Procedure

Dossier

Dossier of application for postal license is made into 03 sets, including 01 original set, 02 sets being copied documents which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise. A dossier of application for postal license comprises:

• Application for postal license (according to Form in Annex I);
• A copy of the Certificate of Business registration on postal activities or certificate of investment in postal activities in Vietnam of enterprises which is sealed for confirmation and taken responsibility for accuracy of copied documents by self-enterprise;
• The charter of organization and operation of enterprise (if any);
• Business project, including the following principal contents:

• • Information on enterprise including name, address, telephone number, fax number, address of e-mail of transaction headquarter, representative office, branch, website of enterprise (if any) and other relevant information;
  • Locations anticipated for supply of service;
  • System and method of service management, operation;
  • Process of supplying service including process of acceptance, transport and delivery;
  • Methods of supplying service which is organized by enterprise or by cooperation in supplying service with other enterprise (in case of cooperation with other enterprise, the applicant must present in details on 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;
  • Analyzing feasibility and socio-economic interests of plan through norms on output, revenue, expenditure, quantity of laborers, tax paying for the State budget, rate of payback in 03 next years from the year of applying for license.  
• Form of contract on supply and use of postal services in line with provision of law on post;
• Form of icon, label, particular symbol or elements in system of enterprise identification which are indicated on postal articles (if any);
• Price table of postal service charges in line with provision 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 settling complaints in line with provisions of law on post;  
• Agreements with other enterprises, foreign partners in Vietnamese, for 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.

Competent agencies

• Issuance of postal licenses in case of provision of mail services within the province area: Department of Information and Communications
• Issuance of postal licenses for cases of provision of mail services within the inter-provincial and international area: The Ministry of Information and Communications

Implementation time

30 working days for the verification and issuance of postal licenses.

Services of Hong Bang Law Firm

• Advise clients to prepare dossiers;
• Support clients to notarized and certify documents of foreign countries (if any);
• Draft, prepare and check the validity of the dossier;
• Represent clients to carry out procedures with competent authority;
• Hand over the results to the clients.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!