Can the results of procedures for re-issuance of postal licenses upon expiration be paid through public postal services?

1. What is a public postal service?

Pursuant to the provisions of Clauses 1 and 4, Article 3 of the 2010 Postal Law, it can be understood:

“Article 3. Interpretation of terms

In this Law, the following terms are understood as follows:

1. Postal activities include investment, business, supply and use of postal services, public postal services, postage stamps.

…

4. Public postal services are postal services provided at the request of the State, including universal postal services, postal services serving national defense, security and specific tasks. other.

2. Authority to issue postal licenses?

According to the provisions of Article 9 of Decree 47/2011/ND-CP (this Article’s name is amended by Point a, Clause 7, Article 1 of Decree 25/2022/ND-CP) on the authority to issue postal licenses, documents confirming notification of postal activities that:

“Article 9. Authority to grant and revoke postal licenses; issue a written confirmation of notification of postal activities

1. The Department of Information and Communications has the authority to:

a) Issue postal licenses in cases of providing mail services within the province;

b) Issue written confirmation of notification of postal activities in cases of providing postal services specified in Points a, b, c, Clause 1, Article 25 of the Postal Law within the province and the cases specified in Point g, Clause 1, Article 25 Postal law.

2. The Ministry of Information and Communications has the authority to:

a) Issue postal licenses in cases of providing mail services within the inter-provincial and international scope;

b) Issue written confirmation of notice of postal activities in the case of providing postal services specified in Points a, b, c, Clause 1, Article 25 of the Postal Law within the inter-provincial and international scope and the cases specified in Points d, dd, e, h Clause 1 Article 25 of the Postal Law.

3. Postal license, document confirming notice of postal activities in case of providing postal services within inter-provincial and international scope and at the same time valid for providing postal services within the province of relevant provinces and centrally-run cities.”

Based on the above regulations, the authority to issue postal licenses can be determined.

3. Regulations on re-issuance of postal licenses. postal license upon expiration?

Pursuant to the provisions of Article 12 of Decree 47/2011/ND-CP and Clause 2, Article 4 of Decree 150/2018/ND-CP, accordingly

“Article 12. Re-issue postal license upon expiration

1. At least 30 days before the postal license expires, a postal service provider wishing to continue doing business must prepare an original set of documents to request re-issuance of the postal license and submit it directly or by post to the competent state authority that issued the license.

2. Dossier to request re-issuance of postal license upon expiration includes:

a) Application for re-issuance of postal license (according to the form in Appendix V);

b) Copy of the most recently issued postal license; (Abolished)

c) Financial statements of the 02 most recent years must be stamped by the enterprise and responsible for the accuracy of the report;

d) Business plan for the next period, if the enterprise has suffered losses for 02 consecutive years;

dd) Documents specified in points dd, e, g, h, i, clause 2 Article 6 of this Decree, if there are any changes compared to the most recent application for a postal license.

3. The re-issuance of a postal license upon expiration is carried out within no more than 10 working days from the date of receipt of documents that meet the provisions of Clauses 1 and 2 of this Article.

4. Procedures for reissuing postal licenses are carried out in accordance with the order specified in Article 8 of this Decree.

5. In case an enterprise has an expired postal license or does not carry out the procedures to re-issue a postal license within the time limit specified in Clause 1 of this Article, the enterprise wishing to have a postal license re-issued must submit the application and carry out the same procedures as issuing a new license.”

4. Are the results of the procedure for re-issuance of an expired postal license paid through the public postal service?

Pursuant to the provisions in Point c, Clause 10, Article 1 of Decree 25/2022/ND-CP, adding Clause 2a to Clause 2, Article 12 of Decree 47/2011/ND-CP as follows: Conclusion Results of procedures for reissuing postal licenses upon expiration are paid directly or via public postal services useful.

Thus, according to the above regulations, Decree 25/2022/ND-CP has added that the results of procedures for reissuing postal licenses upon expiration will be paid directly or via public postal services.

Decree 25/2022/ND-CP officially takes effect from the date June 1, 2022.