Tiếng Việt
中文Short answer: Yes. The result of the procedure for re-issuing an expired postal license is delivered directly or via public postal services, under Clause 2a, Article 12 of Decree No. 47/2011/ND-CP (supplemented by Decree No. 25/2022/ND-CP, effective from 1 June 2022).
Legal basis
- Law on Posts 2010;
- Decree No. 47/2011/ND-CP (Articles 9 and 12), as amended and supplemented by Decree No. 25/2022/ND-CP and Decree No. 150/2018/ND-CP.
What are public postal services?
Under Clause 4, Article 3 of the Law on Posts 2010, public postal services are postal services provided at the request of the State, comprising universal postal services, postal services for national defence and security, and other special tasks.
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If you are preparing an equity transfer, M&A transaction, project transfer or restructuring, ANT Legal can help review legal risks and transaction structure.
Authority to issue postal licenses
Under Article 9 of Decree No. 47/2011/ND-CP (as amended by Decree No. 25/2022/ND-CP):
- The Department of Information and Communications (now under the new organizational structure following ministerial consolidation): issues postal licenses for the provision of letter services within a province;
- The Ministry of Science and Technology: issues postal licenses for the provision of letter services on an inter-provincial or international scope.
Procedure for re-issuing an expired postal license
Under Article 12 of Decree No. 47/2011/ND-CP and Clause 2, Article 4 of Decree No. 150/2018/ND-CP:
- Timing of filing: at least 30 days before the license expires, an enterprise wishing to continue its business prepares one set of documents (originals) and submits it directly or by post to the competent state authority that issued the license;
- The dossier comprises: the request for re-issuance of the license (in the form at Appendix V); the financial statements of the 02 most recent years, sealed and certified by the enterprise; the business plan for the next period (if the enterprise has incurred losses for 02 consecutive years); and the documents prescribed at Points đ, e, g, h, i, Clause 2, Article 6 of Decree No. 47/2011/ND-CP, if changed compared with the most recent dossier;
- Processing time: no more than 10 working days from receipt of a dossier satisfying the regulations;
- Method of delivering the result: delivered directly or via public postal services (Clause 2a, Article 12, supplemented by Decree No. 25/2022/ND-CP).
Note: where the license has expired and the enterprise fails to complete the re-issuance procedure on time, the enterprise must file and carry out the procedure as for a new license.
Frequently asked questions
Is there a fee for receiving the result via public postal services?
Delivery of the result via public postal services is carried out in accordance with the regulations on the provision of public postal services; the enterprise should ask the licensing authority directly about how to register to receive the result in order to plan proactively.
May the re-issuance dossier be filed late?
If filed after the “at least 30 days before expiry” point, the dossier will be processed as a new license procedure, which takes more time and costs more. Enterprises should proactively file early.
To complete the postal license re-issuance procedure on time and in accordance with regulations, please contact an ANT Legal lawyer to have your dossier reviewed and for advice before proceeding.
