Quyết định 16/2005/QĐ-BBCVT của Bộ Bưu chính, Viễn thông về việc ban hành Quy định quản lý tem bưu chính

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT OF POSTAGE STAMPS

THE MINISTER OF POST AND TELEMATICS

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;

Pursuant to the Government's Decree No. 90/ 2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telematics;

Pursuant to the Government's Decree No. 157/ 2004/ND-CP of August 18, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications;

At the proposal of the director of the Post Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on Management of Postage Stamps.

Article 2.- This Decision takes effect 15 days after its publication in °CONG BAO". It replaces Decision No. 217/2000/QD-TCBD of March 6, 2000 of the General Director of Post, promulgating the Regulation on professional management of postage stamps.

Article 3.- The director of the Office, the chief inspector, the directors of Departments, the heads of the units of the Ministry of Post and Telematics; the directors of provincial/municipal Services of Post and Telematics; the heads of the concerned enterprises or social organizations shall have to implement this decisions.

REGULATION

ON MANAGEMENT OF POSTAGE STAMPS
Promulgated together with Decision No. 16/2005/ QD-BBCVT of April 29, 2005 of the Minister of Post and Telematics

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope and application subjects

1. This Regulation governs activities related to postage stamps (hereinafter called stamps).

2. This Regulation applies to Vietnamese organizations and individuals; foreign organizations and individuals in Vietnam that are engaged in stamp-related activities, must comply with this Regulation.

3. Vietnam Post is the sole enterprise performing the task of organizing production, supply and trading of stamps in the public post network according to regulations of the State and the Ministry of Post and Telematics.

Article 2.- Management contents

The Ministry of Post and Telematics performs the state management over stamps in the following contents:

1. Topical programs;

2. Standards, codes;

3. Pattern designing;

4. Printing and issuance;

5. Supply, trading, archive;

6. Recovery, handling, destruction;

7. Export, import;

8. Exhibitions;

9. Expertise.

Article 3.- Interpretation of terms

In this Regulation, the following terms are construed as follows:

1. Special stamps include commemorative stamps and topical stamps.

2. Commemorative stamps mean stamps with contents linked to a historical, economic, political, cultural, scientific or social event or to a personage. Commemorative stamps are issued on the occasion of anniversaries or events related to such event or personage.

3. Topical stamps mean stamps with contents, drawings on a given topic.

4. Block means a stamp sheet printed with one or more than one stamp, the selvage of which is printed with words, decorative designs or left blank.

5. Overprinted stamps mean stamps already issued but additionally printed with titles, images, logos, signs or par values on their surfaces. The additionally printed sections do not belong to the original designing patterns.

6. Special marks mean those designed for use on the occasion of important events, use at national or international stamp exhibitions organized in Vietnam.

Article 4.- Standards and codes

1. The quality specifications and standards of Vietnamese stamps shall comply with Decision No. 130/QD-KHCN of March 26, 1996, of the General Department of Post (now the Ministry of Post and Telematics) on the application of Vietnamese standards.

2. A numeral code of Vietnamese stamps consists of the code of the stamp set, the code of the stamp pattern and the code of the block. The codification of Vietnamese stamps shall comply with Decision No. 376/CSBD of June 30, 1997, of the General Department of Post (now the Ministry of Post and Telematics).

3. The numeral codes of Vietnamese stamps in the WADP Numbering system (WNS) of the Universal Postal Union (UPU) shall comply with the agreement between the Ministry of Post and Telematics and the Universal Postal Union.

Chapter II

TOPICAL PROGRAMS, PATTERN DESIGNING, SPECIAL SEALS

Article 5.- Topical programs

1. The annual topical programs cover definitive stamp topics and special stamp topics. A decision promulgating an annual topical program expresses the following details:

a) The name of the stamp set, the number of stamp patterns in the set;

b) The form of issuance: new issuance (the first­time issued stamps, overprinted stamps, surcharge stamps, stamps issued jointly with foreign postal agencies) and re-issuance (definitive stamps, cancellation stamps);

c) Issuance time and duration and other notes.

2. A long-term topical program means an overall topical program for a period or a topical program for a topic issued for many consecutive years or according to a certain frequency. A long-term topical program also covers contents like those of an annual topical program defined from Point a to Point c, Clause 1 above.

3. Vietnam Post shall draft annual and long-term topical programs on the basis of the orientation of the Ministry of Post and Telematics and suggestions of domestic and foreign organizations and individuals for submission to the Ministry of Post and Telematics for approval.

Article 6.- Pattern designing

1. Vietnam Post shall have to organize pattern designing for topics in the programs on topical stamps already decided for issuance. Vietnam Post shall complete the designing patterns or make new designs (after getting comments of the National Stamp Consultancy Council on the basis of the notice on the conclusion of its meeting) for submission to the Ministry of Post and Telematics for approval.

2. When requesting the modifications of designing patterns already approved by the Ministry of Post and Telematics, Vietnam Post shall send a written report to the Ministry of Post and Telematics on the to be-modified contents and the reasons therefor. After getting the permission of the Ministry of Post and Telematics, Vietnam Post shall make modifications and submit the modified patterns to the Ministry of Post and Telematics for appraisal and re-approval.

3. Contents and forms of designing patterns

a) Designing patterns must express the topical contents and the creative ideas;

b) There must be three designing patterns with different contents and different ways of expression of at least two authors for each stamp pattern;

c) The size of a designing pattern must be between 4 and 6 times the size of the to be-issued stamp; the block-designing size must be between 3 and 4 times the size of the to be-issued block and the size of designing patterns of publications printed with stamps must be equal to the size of the publications printed with to be-issued stamps;

d) The size of drawing shall occupy between 2/3 and 3/4 of the paper size and the remaining paper portions are left for submission and endorsement;

e) On the margin of the designing models, the stamp sizes, the miniaturization scales and color indications shall be inscribed;

f) There must be miniature designing patterns equal to the size of to be-issued stamps, enclosed with designing patterns;

g) All designing patterns must be presented on drawing paper with a quantity of 170 g/m2 or more.

Article 7.- Pattern-designing contests    

1. Vietnam Post takes initiative in organizing stamp pattern-designing contests with a view to selecting pattern designs for stamp printing. The Ministry of Post and Telematics shall decide on the organization of pattern-designing contests when deeming it necessary.

2. The finalization of stamp pattern designs winning awards at contests and selected under decisions of the Ministry of Post and Telematics for stamp printing shall be carried out by Vietnam Post together with the completion of procedures for submission thereof to the Ministry of Post and Telematics for approval for stamp printing.

Article 8.- The National Stamp Consultancy Council

1. The National Stamp Consultancy Council shall be set up by the Minister of Post and Telematics. It is composed of a representative of the Ministry of Post and Telematics (as its president), representatives of relevant agencies, committees and branches and professionals.

2. The National Stamp Consultancy Council shall have to give its comments on pattern designs of stamp sets under topical programs on stamps. Its members shall have to supply and bear responsibility for materials and documents in their respective specialized domains related to stamp sets put up for its comments.

Article 9.- Special marks

1. Special marks shall be issued under decisions of the Ministry of Post and Telematics.

2. The designing of special mark patterns shall be carried out by Vietnam Post, which shall be submitted to the Ministry of Post and Telematics for approval.

3. Special marks of specially issued stamp sets bear the value as date mark in the first day of issuance.

Chapter III

PRINTING

Article 10.- General provisions

1. The Ministry of Post and Telematics shall issue decisions to print stamps (newly issued stamps, re-issued stamps) on the basis of annual topical programs, the dossiers of designing patterns submitted for approval and the stamp output and distribution plan submitted by Vietnam Post.

2. The Ministry of Post and Telematics shall decide on stamp-printing units in order to ensure stamp quality, quantity and confidentiality.

3. Vietnam Post shall coordinate with stamp­printing units in organizing the stamp printing in compliance with "Vietnam standards on postage stamps."

4. The stamp printing must be carried out within 60 days before the first day of issuance of the printed stamp sets in order to ensure the printing schedule and quality, except for extraordinary cases to be decided by the Ministry of Post and Telematics.

5. The stamp printing must comply with the regulations on printing, the regulations on protection of State secrets and with the contents of the stamp-printing decisions of the Minister of Post and Telematics.

6. The stamp printing must be carried out under written economic contracts between Vietnam Post and the stamp-printing units.

7. Upon the completion of printing, Vietnam Post shall submit the printed stamp patterns to the Ministry of Post and Telematics for quality evaluation.

8. In cases where stamps are printed overseas or printed and distributed jointly with foreign postal offices, Vietnam Post must draw up and submit schemes thereon to the Ministry of Post and Telematics for approval with the following contents: purposes, modes, partners, implementation plans.

9. The printing of Vietnamese stamps overseas must comply with this Regulation and the State's regulations on foreign trade contracts as well as goods export and import.

Article 11.- Printing principles

1. The entire quantity of each stamp pattern, each stamp set must be of the same quality compatible with "the Vietnam standards on postage stamps."

2. Stamp-printing ink and paper must be of the same kinds throughout the course of printing each stamp set or each stamp pattern.

3. All printing processes must be strictly supervised and checked, ensuring no loss.

4. Stamp-printing units must ensure safety and confidentiality of stamps throughout the course of printing.

Article 12.- Hand over and reception of approved designing patterns before and after printing

1. The Ministry of Post and Telematics shall hand over the designing patterns to Vietnam Post after approving them for organization of stamp printing.

2. The designing patterns must be kept in appropriate packages, ensuring that the contents inside cannot be seen, and must be affixed with sealing stamps.

3. The hand over and reception of approved designing patterns must be made with receipts issued by competent persons.

Article 13.- Hand over and reception of finished­product stamps

1. Finished-product stamps must be packed and sealed off upon delivery and reception to avoid loss in the course of transportation.

2. The examination, delivery and reception of finished-product stamps must comply with the State's regulations on accounting work.

Chapter IV

ISSUANCE

Article 14.- Issuing procedures

1. The Ministry of Post and Telematics shall issue decisions on stamp issuance on the basis of relevant stamp-printing decisions and results of appraisal of the printed stamp patterns.

2. Vietnam Post shall notify the stamp issuance on the mass media after the Ministry of Post and Telematics issues decisions on stamp issuance.

Article 15.- Time limits for stamp issuance in the public post network

The time limits for stamp issuance in the public post network shall be the duration counting from the first day of issuance to the end of the last day of issuance of the stamp sets in the public post network. The Ministry of Post and Telematics shall provide the issuance time limit for each kind of stamp:

1. Definitive stamps shall be issued without time limit in the public post network in order to satisfy the postal service charge payment demands;

2. Special stamps shall be issued in the public post network within 12 to 24 months. The time limits for issuance in the public post network shall be stated in the stamp-issuing decisions of the Ministry of Post and Telematics.

Article 16.- Special issuance ceremony

1. The Ministry of Post and Telematics shall decide to organize special issuance ceremonies for stamp sets of important significance on the occasion of festive days, anniversaries of important events.

2. The organization of special issuance ceremonies shall be carried out by Vietnam Post on the first day of issuance of a stamp set.

Chapter V

PUBLICATION CESSATION, STOPPAGE, WITHDRAWAL, HANDLING AND DESTRUCTION

Article 17.- Publication cessation, stoppage

The Ministry of Post and Telematics shall decide to cease or stop the issuance when there are errors or suspected errors in stamp patterns; decide to permit the continued production of stamp sets ceased from publication in cases of no errors or non-serious errors.

Article 18.- Responsibility of Vietnam Post in the withdrawal and handling of ceased, suspended stamps, expired stamps

1. Vietnam Post shall have to stop the production of stamp sets subject to publication cessation or stop the sale of suspended stamp sets; to withdraw, inventory and seal off the entire volume of the stamps and related products, report thereon and propose handling plans to the Ministry of Post and Telematics for decision.

2. For stamps with issuance time limits, upon the expiration of such time limits, Vietnam Post shall withdraw, inventory and seal off the entire volume of stamps and related products, propose handling plans to the Ministry of Post and Telematics within 60 days counting from the expiry of.the issuance time limits.

Article 19.- Destruction of stamps and stereotypes

1. The Ministry of Post and Telematics shall issue decisions to destroy stamps already decided to be ceased from publication when there are serious errors, stamps already decided to be suspended and stamps with expired issuance time limits on the basis of remaining stamp volumes reported by Vietnam Post.

2. Vietnam Post shall organize the destruction of stamps ceased from publication, suspended stamps, expired stamps, which the Ministry of Post and Telematics has decided to destroy on the basis of setting up a stamp destruction council prescribed at Point a, Clause 1, Article 20 below and report to the Ministry of Post and Telematics on the results of stamp destruction within 30 days after the completion of destruction.

3. Vietnam Post shall direct stamp-printing units to organize the destruction of faulty stamps, stamps printed in excess of the decided volumes, stereotypes of stamp sets on the basis of setting up a stamp destruction council as provided at Point b, Clause 1, Article 20 below within 6 months after the first day of issuance of a stamp set and report to the Ministry of Post and Telematics on the results of stamp destructions within 30 days after the completion of destruction.

Article 20.- Stamp destruction councils

1. The composition of a stamp destruction council:

a) For expired stamps, stamps ceased from publication, stamps suspended from issuance and other types of stamp: The stamp destruction council is composed of a representative of Vietnam Post (in charge), a representative of the police office, and a representative of the Ministry of Post and Telematics.

b) For faulty stamps, stamps printed in excess of decided volumes and stereotypes: The stamp destruction council is composed of a representative of Vietnam Post (in charge), representatives of the police office and stamp-printing unit;

2. The stamp destruction councils shall have to inspect and supervise the stamp destruction to ensure compliance with decisions of the Ministry of Post and Telematics and absolute safety and confidentiality.

Chapter VI

SUPPLY, TRADING, ARCHIVE

Article 21.- Stamp denominations and stamp trading

1. The Ministry of Post and Telematics shall decide on stamp denominations, based on the proposal of Vietnam Post.

2. Vietnam Post shall organize stamp supply and trading in the public post network to satisfy the postal service charge payment demands and philately demands on the conditions that:

a) Stamps are sold at their denominations within the issuance period, except for stamps bearing a cancellation mark;

b), Stamps for postal service charge payment and stamps for collection must be accounted separately;

c) The purchase of expired stamps which are retained for business purposes after the expiration of the issuance period must be accounted at their denominations.

3. Organizations and individuals are allowed to trade in assorted stamps for the collection purposes, except for the following cases of circulation ban:

a) Stamps not yet decided for issuance;

b) Stamps recovered under decisions of competent state agencies;

c) Stamps subject to publication cessation, suspension;

d) Fake stamps;

e) Stamps with contents being unhealthy, inciting or provoking hatred among nations, contrary to customs and practices;

f) Stamps of inappropriate contents and origins as warned by post agencies, philately associations.

Article 22.- Stamps for archive, stamps for propaganda

1. Stamps for national archive are a state asset, which must be preserved according to State regulations on archive and the Post and Telematics Ministry's regulations on stamp archive.

2. Stamps for propaganda are those used for purposes of propaganda, professional exchange, which must be managed in accordance with regulations of the Ministry of Post and Telematics.

3. Organizations and individuals are allowed to archive and collect assorted stamps for philately purposes, except for the cases provided at Points d and e, Clause 3, Article 21 of this Regulation, but not for the purposes of propaganda against the Socialist Republic of Vietnam State, blackening the regime, violating morality, customs and practices, inciting or provoking hatred among nations.

Chapter VII

DOSSIERS AND TIME FOR SUBMISSION, APPROVAL

Article 23.- Topical program dossiers to be submitted for approval

The dossiers of annual and long-term topical programs to be submitted for approval shall each include the following documents:

1. The report, draft topical program and written explanation of stamp topics.

2. The written proposal on stamp issuance of a domestic or foreign organization or individual. For extraordinary or special cases, a written request of a provincial/municipal People's Committee, a ministry or centrally-run branch is required.

3. Materials, documents related to stamp sets in the draft topical program.

4. The written certification by competent agency of the accuracy of stamp topics related to political, cultural, historical matters (for anniversary stamp topics).

5. The written agreement with a foreign postal office (for cases of joint issuance with foreign parties).

6. The proposal on overprinting on stamps (for case of overprinting). Such proposal must clearly state the purpose, the reasons, the stamp model name, the remaining quantity of issued stamps, the volume of stamps to be overprinted, contents of overprinting (titles, images, logos, signs, denominations), plan on distribution of overprinted stamps.

7. The proposal on printing of re-issued stamps (for case of re-issuance. The proposal covers the detailed report on patterns of stamps expected for re-printing (the purpose, reasons, stamp pattern name, the remaining volume and the volume of stamps to be re-printed).

Article 24.- Designing pattern dossiers to be submitted for approval

1. A dossier of designing pattern submitted for approval includes:

a) The written request;

b) The designing pattern submitted for approval and materials, documents, written explanation of the creative ideas;

c) The written agreement of a domestic or foreign competent organization, permitting the use of materials, images, logos on stamps (for stamps using these contents).

2. A complete dossier of designing pattern to be submitted for approval includes:

a) The written request;

b) The completed designing pattern and materials, documents explaining the adjusted, supplemented contents;

c) The designing pattern selected after the previous submission for approval and the materials, documents, explanation related to the pattern previously submitted.

d) The written certification by relevant specialized agencies of the contents presented on the completed designing patterns.

e) The special mark design (for specially issued stamp sets).

Article 25.- Time for submission and approval

1. Time for submission and approval of topical programs

a) The Ministry of Post and Telematics shall promulgate orientations for annual topical programs 15 months in advance, counting from the first day of issuance of the first stamp set under the topical programs;

b) Vietnam Post shall submit annual draft topical programs 12 months in advance (18 months in advance for long-term topical programs), counting from the first day of issuance of the first stamp set in the topical programs. The supplementation and amendment of annual topical programs must be made 10 months in advance (or 15 months in advance for long-term topical programs), counting from the first day of issuance of the first stamp set, except for extraordinary cases to be decided by the Ministry of Post and Telematics;

c) The Ministry of Post and Telematics shall approve annual topical programs within 30 days (45 days for long-term topical programs), counting from the date of receiving the complete dossiers submitted for approval.

2. Time for submission and approval of designing patterns:

a) The Ministry of Post and Telematics shall organize the approval of designing patterns in two stages: stage one in the first month of the second quarter and stage two at the beginning of the fourth quarter every year;

b) The Ministry of Post and Telematics shall issue notices on approval of designing patterns by the National Stamp Consultancy Council within 10 working days after the end of the Council's meeting;

c) The Ministry of Post and Telematics shall approve the completed designing patterns mentioned in Article 6 of this Regulation within 10 working days after receiving the complete dossiers submitted for approval. In case of amendment and supplementation, the Ministry of Post and Telematics shall give its written opinions within 5 working days after the receipt of complete dossiers submitted for approval;

d) The completed designing patterns must be submitted 3 months before the first day of issuance, for stamp sets printed at home, 5 months before the first day of issuance of stamp sets printed overseas, except for extraordinary cases to be decided by the Ministry of Post and Telematics.

Chapter VIII

OTHER PROVISIONS

Article 26.- Professional exchanges of stamps

1. The Ministry of Post and Telematics shall decide on exchange, archive and preservation of stamps for professional exchanges with the UPU's member countries; decide on the participation in the WADP Numbering System (WNS).

2. The delivery, reception and exploitation of stamps for professional exchanges with the UPU's member countries, stamps within the WNS shall be carried out by Vietnam Post according to regulations of the Ministry of Post and Telematics.

Article 27.- Right to use approved designing patterns

The use of approved designing patterns falls under the jurisdiction of the Ministry of Post and Telematics. The use, duplication of approved designing patterns must be permitted in writing by the Ministry of Post and Telematics.

Article 28.- Use of issued stamps for printing on publications

For the printing of issued stamps on publications, except for cases of printing in the form of panels, the stamp patterns printed with the word "specimen", stamps bearing a cancellation mark, stamps with a cancellation cross in corner or stamps with a cancellation cross on their denomination must be used.

Article 29.- Management and preservation of archival dossiers

1. The contents of stamp archive dossiers shall comply with regulations of the Ministry of Post and Telematics, guiding the compilation of dossiers on stamp printing, issuance and archive.

2. Stamp archive dossiers must be managed, kept and preserved according to the regulations of the State and the Ministry of Post and Telematics.

Article 30.- Export, import

1. The Ministry of Post and Telematics shall uniformly manage stamp export and import through the grant of permits for stamp export or import.

2. Stamps permitted for export or import must be those not on the lists mentioned from Point a to Point f, Clause 3, Article 21 of this Regulation.

3. The export or import of stamps in the following cases require no permits:

a) Stamps for professional exchange with the UPU's member countries;

b) Stamps participated in the WNS;

c) The total stamps of assorted types for a single export or import number less than 500 and must not be on the lists of stamps defined from Point a to Point e, Clause 3, Article 21 of this Regulation.

4. The procedures and dossiers of application for stamp export or import permits are specified in Circular No.02/2001/TT-TCBD of April 25, 2001 of the General Department of Post (now the Ministry of Post and Telematics).

Article 31.- Exhibition

1. The Ministry of Post and Telematics shall decide on the organization of national or international stamp exhibitions, fairs and/or displays in Vietnam and on the sending of professional units representing Vietnam to participate in international stamp exhibitions in Vietnam and overseas.

2. Vietnamese or foreign organizations and individuals engaged in the organization of national and international stamp exhibitions in Vietnam must obtain permission of the Ministry of Post and Telematics and comply with State regulations on exhibition activities.

3. The organization of provincial/municipal-level stamp exhibitions nationwide must comply with regulations of the State and the Ministry of Culture and Information on exhibition activities and be reported to the Ministry of Post and Telematics at least 30 working days before the exhibitions open.

Article 32.

1. The Ministry of Post and Telematics shall decide on the contents which need to be expertised and publicize the results of expertising stamps issued by the Ministry of Post and Telematics.

2. The Ministry of Post and Telematics shall decide to authorize functional bodies or to assign an independent specialized agency to conduct the above-said stamp expertise.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 33.- Implementation organization

1. On the basis of this Regulation, Vietnam Post shall issue procedures for stamp operation management and exploitation and documents guiding its attached units.

2. If any problems arise in the course of implementation, organizations and individuals shall report them in writing to the Ministry of Post and Telematics for consideration and settlement.

Article 34.- Inspection, control and handling of violations

The Inspectorate of the Ministry of Post and Telematics shall coordinate with relevant competent bodies in inspecting, controlling and handling acts of violating this Regulation.