Research on implementing the process of receiving and returning business registration results via postal service
In order to create favorable conditions, save costs and travel time for organizations and individuals in handling business registration procedures and improve transparency in handling administrative procedures of the Business Registration Authority. In recent years, the Government has drastically directed and promulgated many legal documents to promote the application of postal services in general and public postal services in particular in receiving records and returns results of administrative procedures at the request of organizations and individuals. The following article studies the current legal basis and some problems that may arise in the process of applying legal regulations to the receipt of dossiers and the return of results of business registration dossiers through the public postal service, thereby proposing to build this professional process on the National Information System on business registration effectively, in accordance with the law and the needs of individuals and organizations.
1. About the legal basis
Clause 1, Article 26 of the Law on Enterprises stipulates that an enterprise founder or an authorized person shall register an enterprise with the business registration authority by the following methods: (i) Directly registration at the Business Registration Office; (ii) Business registration via postal service; (iii) Business registration via electronic information network.
Clause 3, Clause 4, Article 12 of the Government's Decree No. 01/2021/ND-CP dated January 4, 2021 on business registration stipulates:
“3. If a public postal service provider is authorized, the postal worker shall submit the copy of application receipt which is made according to the form stipulated by the public postal service provider and bears the signatures of the postal worker and the person competent to sign the application form for enterprise registration.
4. If a postal service provider that does not provide public postal services is authorized, such authorization shall follow Clause 2 of this Article.”
Thus, in case of authorization to a postal service provider that is not a public postal service, the authorization shall be performed as an authorization for an organization.
Clause 3, Clause 4, Article 3 of the Law on Post stipulates: "Postal service" means a service of accepting, transmitting and delivering postal articles by various modes other than electronic ones from the place of the sender to the place of the recipient through the post network; "Public postal service" means a postal service provided at the request of the State, including universal postal service and postal service for national defense and security tasks and other special tasks.
Article 4 of Circular No. 17/2017/TT-BTTT dated June 23, 2017 of the Ministry of Information and Communications providing for a number of contents and measures to implement Decision No. 45/2016/QD-TTg dated October 19 2016 of the Prime Minister on the receipt of dossiers, return of results for settlement of administrative procedures via the public postal service stipulates that the receipt of dossiers and return of results shall be done through the following services: (i) Service of receiving and sending documents for settlement of administrative procedures, (ii) Service of returning results of administrative procedures, (iii) Service of receiving and sending documents and returning results of settlement of administrative procedures administrative customs.
The form of sending documents is specified in Article 9 of Circular No. 17/2017/TT-BTTT of the process of receiving and sending dossiers, returning results, receiving and sending dossiers and returning results of administrative procedures through public postal services is specified in Article 5 of this Circular.
According to the provisions of Article 1 of the Prime Minister's Decision No. 41/2011/QD-TTg dated August 3, 2011 on appointing enterprises to maintain and manage the public postal network, provide services for public postal services and international postal services, the Vietnam Post Corporation (VNPost) is an enterprise designated to provide public postal services according to tasks and plans assigned by the State.
2. Regarding some problems in the process of receiving and returning business registration results via the public postal service
a) In case the enterprise only registers to receive results via the public postal service
Problem: Clause 3, Article 12 of Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government on business registration stipulates: “If a public postal service provider is authorized, the postal worker shall submit the copy of application receipt which is made according to the form stipulated by the public postal service provider and bears the signatures of the postal worker and the person competent to sign the application form for enterprise registration”.
Thus, in case the enterprise carries out the procedures for submitting the application for business registration online and registers to receive the results via the public postal service, there will be no copy of the application form as prescribed in Clause 3 Article 12 of Decree No. 01/2021/ND-CP mentioned above due to the fact that there will be no transactions between postal staff and the applicant at this time.
b) In case the enterprise submits the application and receives the results through the public postal service
Problem: The process of sending documents and receiving results via the public postal service is specified in Article 5 of the Circular No. 17/2017/TT-BTTTT dated June 23, 2017 of the Minister of Information and Communications defining a number of contents and measures to implement Decision No. 45/2016/QD-TTg dated October 19, 2016 of the Prime Minister on receiving dossiers and returning results of administrative procedures through public postal service. Accordingly, the applicant and the postal staff only sign an application form at the time of handing over the documents to the postal staff. However, according to VNPost's response, in fact, the postal staff signs the application form, the postal staff sends the documents to the Business Registration Authority, and the postal staff receives the results of the application to return the documents for the enterprises that can be different individuals. Thus, in this case, the application form cannot show all the individuals who are authorized postal employees to carry out the business registration procedures as well as the binding responsibilities in the process of providing the service for these individuals.
3. Regarding the proposal to develop a process for receiving and returning business registration results through the public postal service
Based on the service needs of enterprises, it is proposed to develop a process for receiving and returning business registration results via public postal services on the National Business Registration Information System presented in the following tables:
TABLE 1. THE REGISTRATION PROCESS FOR SUBMITTING BUSINESS REGISTRATION DOCUMENTS VIA PUBLIC POSTAL SERVICE
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Numerical order
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Implementation Stages
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Execution object
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Procedure
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Procedure Description
|
|
1
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Receiving records
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The applicant
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Register to submit business registration documents
|
- Register to use the service at the service points of the post office or register for the service of submitting documents at home via VNPost's website
- Sign the application form
|
|
2
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Postal worker
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Handing over documents at the business registration agency
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Hand over the documents with a copy of the application form, fee and business registration fee to the receiving officer
|
|
3
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Recepting records official
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Handing over the Receipt
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- Tallying the composition of the documents and giving the receipt to the postal staff
- Tick "Send application" in the information block "Registration information for public postal services" at the Receipt screen
|
|
4
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Postal worker
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Handing over the Receipt
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Handing over the Receipt to the applicant
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TABLE 2. PROCESS OF RECEIVING BUSINESS REGISTRATION RESULTS VIA PUBLIC POSTAL SERVICE
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Numerical order
|
Implementation Stages
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Execution object
|
Procedure
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Procedure Description
|
|
1
|
Receiving records
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The applicant
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Register to receive the results of business registration documents
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Register to receive application results in one of three ways:
- At the service point of the post office: Register to use the service at the service point of the post office or register for the service of submitting documents at home via VNPost's website and sign the application form.
- At the Business Registration Office: Declare registration information for public postal services
- On the National Business Registration Portal when conducting online business registration
|
|
2
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Receipt Officer/Applicant
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Enter information to register for the public postal service
(In case the enterprise registers to receive the application result directly at the business registration agency or on the National Business Registration Portal at the time of application submission)
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- Tick "Receive application results" in the information block "Registration information for public postal services" at the Receipt screen
- Enter registration information to receive application results, including: Full name, contact address, phone number, email box (if any) of the recipient
- Assign the postal status lookup code (bill of lading code) to the business registration file
|
|
3
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Decision
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Head of Business Registration Division
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Transfer registration information to receive application results
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When pressing the "Accept" button to issue the Certificate of Business Registration, the Certificate of Change of Business Registration Content will automatically transfer the registration information to receive the application results to VNPost's information system.
|
|
4
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Returning profile results
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Postal worker
|
Receipt of application results
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- Hand over the copy of the application form to the officer returning the results (in case the applicant registers to use the service directly at the post office's service point)
- Receive the result of the application from the officer returning the results and hand over the result of the application to the recipient
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TABLE 3. PROCESS OF SENDING DOCUMENTS AND RECEIVING RESULTS OF BUSINESS REGISTRATION DOCUMENTS VIA SERVICE PUBLIC POSTAL SERVICE
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Numerical order
|
Implementation Stages
|
Execution object
|
Procedure
|
Procedure Description
|
|
1
|
Receiving records
|
The applicant
|
Register to submit business registration documents
|
- Register to use the service at the service points of the post office or register for the service of submitting documents at home via VNPost's website
- Sign the application form
|
|
2
|
Postal worker
|
Handing over documents at the business registration agency
|
Hand over the documents with a copy of the application form, fee and business registration fee to the receiving officer
|
|
3
|
Receipt Officer
|
Handing over the Receipt
|
- Tallying the composition of the documents and giving the receipt to the postal staff
- Check the box "Send application and receive application results" in the information block "Registration information for public postal services" at the Application Receipt screen
- Enter registration information to receive application results, including: Full name, contact address, phone number, email box (if any) of the recipient
- Assign the postal status lookup code (bill of lading code) to the business registration file
|
|
4
|
Decision
|
Head of Business Registration Division
|
Transfer registration information to receive application results
|
When pressing the "Accept" button to issue the Certificate of Business Registration, the Certificate of Change of Business Registration Content will automatically transfer the registration information to receive the application results to VNPost's information system.
|
|
5
|
Returning profile results
|
Postal worker
|
Receipt of application results
|
Receive the results of the application from the officer who returns the results and hand over the results to the recipient
|
Based on the research and analysis presented above, the proposal to develop a process for receiving and returning business registration results through the public postal service is expected to be a valuable reference for Agency for Business Registration to consider, deploy and apply on the National Information System on Business Registration in the near future.