In brief
Vietnam is considering a new Law on Postal Services that would replace the current law and is tentatively expected to take effect on 1 July 2027.
The Draft Law would replace the current postal permit and notification procedures with a unified online registration regime, distinguish between network and non-network postal services, broaden the concept of a postal service user and introduce more detailed obligations relating to traceability, postal data, security, complaints, compensation and cash-on-delivery funds. The proposals are particularly relevant to e-commerce platforms, postal operators and 3PL and 4PL models.
Key takeaways
- The current postal permit and notification procedures would be replaced by a unified online registration regime. Existing permits and confirmations would remain valid for 12 months after the new law takes effect, subject to the final text.
- Postal services would be divided into network and non-network services, with classification depending on the provider's actual operating model and control over core network activities.
- The broader concept of a postal service user may better accommodate e-commerce arrangements in which a platform procures or coordinates delivery services for sellers.
- The Draft Law would strengthen requirements on sender identification, item traceability, postal data, prohibited-goods controls, complaints, compensation and cash-on-delivery funds.
- Businesses should monitor the legislative process and assess the potential impact on their operating model, contracts, data flows and existing postal authorizations.
In more detail
1. A single registration regime would replace the current permit and notification model
Under the current Postal Law, postal service providers may be subject to a postal permit or a notification procedure, depending on the service provided. The Draft Law would replace these procedures with a unified online registration requirement.
The proposed approach would move from prior substantive approval toward registration and post-registration supervision. The detailed registration dossier and procedure would be prescribed by a Government decree, which is not yet available.
Postal permits and confirmations of notification issued before the new law takes effect would remain valid for 12 months from the effective date. Businesses relying on an existing authorization may therefore continue to use it during the transitional period but may need to register before that period expires. The final transition period should be confirmed against the law as adopted.
2. Network and non-network postal services would be regulated differently
The Draft Law would divide postal services into network and non-network services. A network provider would operate a system connecting and coordinating the acceptance, sorting, transportation and delivery of postal items. A non-network provider would provide postal services while relying on other postal operators to perform the underlying network operations.
Both categories would be subject to registration. Network providers would also need the capability to simultaneously manage, operate and control core components of a postal network, and would have additional obligations relating to network operation, service continuity, security, service quality, item traceability and postal data. The detailed registration requirements will depend on the implementing decree.
For 3PL and 4PL models, classification will depend on the actual operating model. Relevant questions include whether the provider operates or controls collection points, sorting facilities, transportation routes or last-mile delivery operations, or instead outsources those activities to third-party postal operators.
A non-network classification would not remove obligations arising from the provider's role as the contracting postal service provider, including obligations relating to customer information, postal-item information, complaints and compensation.
3. The contracting framework may better accommodate e-commerce models
The current Postal Law generally frames a postal service contract as an agreement between the postal service provider and the sender. The Draft Law would instead regulate agreements with a postal service user, a broader concept covering senders, recipients and coordinators.
This may provide a clearer basis for a postal or logistics provider to contract directly with an e-commerce platform that procures or facilitates delivery services for sellers, rather than separately with each seller.
4. Digital operations, traceability and postal data would receive greater attention
The Draft Law would require providers to obtain or verify sender identification, assign each postal item a unique identifier and ensure end-to-end traceability. Providers would also need to collect, retain, use and protect postal data in accordance with applicable data protection and cybersecurity requirements, and connect with or provide relevant postal data to competent authorities where required.
Providers would also need risk-management and security measures to prevent the shipment of prohibited or unlawful goods, comply with service-quality, complaint-handling and compensation requirements, and separately account for and manage cash-on-delivery funds where applicable.
5. What businesses should do now
- Map the current operating model against the proposed network and non-network categories and review the potential transition from existing postal permits or confirmations to registration.
- Review customer and platform contracting structures in light of the broader concept of a postal service user.
- Assess sender-identification, item-traceability, postal-data, prohibited-goods, complaint, compensation and cash-on-delivery processes against the proposed requirements.
- Monitor the legislative process and any further opportunities to provide comments on the Draft Law.
Please contact us if you would like to discuss how the Draft Law may affect your postal, logistics or e-commerce delivery model in Vietnam.
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Manh Hung Tran, Managing Partner, Ngoc Trung Tran, Special Counsel, and Cam Tu Nguyen, Associate, have co-authored this legal update.
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