Yes. A postal service provider has the right to inspect the contents of packages and parcels before acceptance (Clause 3, Article 29 of the 2010 Law on Post and Telecommunications). Service users have the right to file a written complaint if the inspection damages the postal item; the complaint limitation period for damaged postal items is 01 month from the date the item was delivered to the recipient (Article 38).
1. May a postal enterprise inspect postal items before acceptance?
Clause 3, Article 29 of the 2010 Law on Post and Telecommunications provides that a postal service provider has the right to inspect the contents of packages and parcels before acceptance.
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This inspection right aims to detect postal items violating regulations on articles and goods prohibited from being sent through the postal network (Article 12 of the 2010 Law on Post and Telecommunications); where a violation is detected, the enterprise may refuse to provide services. Enterprises must also publicly post the list of prohibited articles and goods at service points.
2. May users complain if inspection causes damage?
Yes. Clause 1, Article 38 of the 2010 Law on Post and Telecommunications provides that postal service users have the right to complain to protect their legitimate rights and interests. Complaints must be made in writing, with the following limitation periods:
– 01 month, from the date the postal item was delivered to the recipient, for complaints about damaged or deteriorated postal items, about postage rates and other contents directly related to the postal item;
– 06 months, from the end date of the full delivery period, for complaints about lost postal items or late delivery.
Time limit for complaint settlement: not more than 02 months (domestic services) and not more than 03 months (international services) from the date of receipt of the complaint.
3. Under what principles is compensation for damaged postal items paid?
Compensation for damage when postal items are damaged or lost is made according to the agreement in the service provision contract (terms on compensation liability, maximum compensation) and civil law provisions on damage compensation. Service users should keep waybills, receipts, images of the postal item’s condition and documents on the value of the goods as a basis for compensation claims.
Notes on applying current legal provisions
When sending high-value goods, users should declare the true value, purchase postal item insurance (if available) and carefully check the postal enterprise’s compensation terms before sending. Where a complaint is not satisfactorily resolved, you may contact an ANT Legal lawyer at 0966.475.966 for advice on next steps.
How can ANT Legal help?
ANT Legal supports advising on rights and obligations when using postal services, drafting complaints, negotiating compensation and resolving disputes with service providers.
For quick advice, you may contact a lawyer at 0966.475.966.
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