A postal service business license (Postal License) is only granted to enterprises that meet the conditions for operating postal services, including capital requirements and other specific conditions.
Once granted a Postal License, an enterprise can legally operate postal services. The procedure for obtaining a Postal License is as follows:
1. Conditions for enterprises operating postal services
– Possess a business registration certificate for postal activities or an investment certificate in the postal sector;
– Have the financial capacity as stipulated;
- For providing postal services within a province or inter-provincially, the enterprise must have a minimum capital of 02 billion Vietnamese Dong;
- For providing international postal services, the enterprise must have a minimum capital of 05 billion Vietnamese Dong.
– Have personnel suitable for the business plan according to the content of the license application;
– Have a feasible business plan that complies with regulations on postal service rates and quality;
– Have measures to ensure information security and safety for people, postal items, and the postal network.
2. Application dossier and procedure for granting a postal license
2.1. Dossier for postal license application
The postal license application dossier includes:
– Application form for a postal license.
– A copy of the business registration certificate for postal activities or an investment certificate for postal activities in Vietnam, self-certified by the enterprise and for which the enterprise is responsible for the accuracy of the copy;
– Enterprise’s charter of organization and operation (if any);
– Business plan;
– Sample contract for providing and using postal services in accordance with postal law;
– Sample logo, trademark, special symbol, or other elements of the enterprise’s identification system displayed on postal items (if any);
– Postal service price list in accordance with postal law;
– Announced postal service quality standards applied in accordance with postal law;
– Regulations on the limit of liability for compensation for damages in case of damage, customer complaint resolution procedures, and complaint resolution timelines in accordance with postal law;
– Agreements with other enterprises or foreign partners in Vietnamese, for cases of cooperation in providing one, several, or all stages of the postal service for which a license is requested;
– Documents that have been consularly legalized to prove the legal status of the foreign partner;
Notes on the postal service business license application dossier:
– Enterprises apply for a postal license based on their actual capacity to perform;
– Business plan, including the following main contents:
- Enterprise information including name, address, phone number, fax number, email address of the transaction office, representative office, branch, website (if any) and other relevant information;
- Proposed service area;
- Service management and operation system and methods;
- Service provision process including acceptance, transportation, and delivery processes;
- Service provision method organized by the enterprise itself or in cooperation with other enterprises (in case of cooperation with other enterprises, the enterprise applying for the postal license must detail the scope of cooperation, coordination in ensuring safety, security, complaint resolution, and compensation for service users);
- Measures to ensure the safety of people, postal items, the postal network, and information security in postal activities;
- Analysis of the feasibility and socio-economic benefits of the plan through indicators such as output, revenue, costs, number of employees, taxes paid to the state budget, and return on investment rate for the next 03 years from the year of application.
Number of dossiers:
– The enterprise submits 03 sets of dossiers to the competent authority for granting postal service business licenses.
– 01 set of dossiers to be kept by the enterprise.
2.2. Method of submission
Enterprises can choose to submit dossiers via one of the following methods:
- Directly at the state agency;
- Via postal service;
- Through the licensing agency’s electronic information portal (if any);
2.3. Place of submission
- The Department of Information and Communications of the province or city where the enterprise applies for a license to operate: appraisal and licensing for applications for providing postal services within a province.
- The Ministry of Information and Communications: appraisal and licensing for applications for providing postal services inter-provincially and internationally. (This sentence seems to be incomplete or poorly structured in the original. I’ll translate it as is and add a note if necessary) -> The Ministry of Information and Communications: appraises and grants licenses for applications for providing inter-provincial and international postal services.
2.4. Processing time
Within 03 working days from the date of receipt of the dossier, the competent state authority for granting postal licenses shall send an acknowledgement of receipt to the email address of the enterprise or organization applying for the postal license.
If the postal license application dossier does not meet the regulations, within 07 working days from the date of receipt of the dossier, the competent state authority for granting postal licenses shall send a first notification regarding the contents that need to be amended or supplemented in the dossier. Within 15 working days from the date of the notification, the enterprise or organization is responsible for amending and supplementing the dossier as required.
If the dossier is not amended or supplemented as required, or if it is amended but still not satisfactory, the competent state authority for granting postal licenses shall send a second notification within 07 working days from the end of the first notification period. Within 15 working days from the date of the notification, the enterprise is responsible for amending and supplementing the dossier as required.
If the dossier is not amended or supplemented as required, the competent state authority for granting postal licenses shall issue a notice of refusal to grant the postal license within 07 working days from the end of the second notification period.
From the date of receipt of a dossier that meets the regulations, the postal license will be granted within a period of: 30 days, including the verification and granting of the postal license to the enterprise.
In case of refusal to grant a postal license, the competent state authority must notify in writing within the specified period and clearly state the reasons.
3. Regulations on the use of postal licenses
Enterprises and organizations granted a postal license or a document confirming postal operation notification are responsible for:
- Operating postal services strictly according to the contents specified in the postal license or the document confirming postal operation notification.
- Not altering or erasing the contents recorded in the postal license or the document confirming postal operation notification.
- Not buying, selling, or transferring the postal license, except in cases associated with the transfer of the entire enterprise due to acquisition or merger.
- Not lending, leasing, or mortgaging the postal license.
- Returning the postal license or the document confirming postal operation notification to the competent postal authority when a revocation decision is issued.
