MEMORANDUM OF UNDERSTANDING BETWEEN THE POSTAL ADMINISTRATION OF VIETNAM AND THE POSTAL ADMINISTRATION OF THE TAIWAN (R.O.C.) CONCERNING THE OPERATION OF EMS (AD.1994.03.09)-1

Article 1 OBJECT OF THE AGREEMENTIn accordance with Articles 6 and 92 of the Universal Postal Co-nvention an exchange of International EMS items shall take placebetween Taiwan, ROC and VietnamArticle 2 DEFINITION2.1 EMS items shall be posted at regular intervals (Programmed Service) or irregularly at the request of the sender (On-de- mand Service).2.2 Programmed items shall be conveyed over specially agreed li- nks to guarantee delivery at the stipurated times.2.3 On-demand items shall be forwarded to the Administration of destination over the most rapid links available.2.4 EMS shall be available between all agreed points in Taiwan, ROC and Vietnam2.5 EMS is called “EMS/SPEEDPOST" in Taiwan, ROC and “EMS" in V- ietnamArticle 3 RECIPROCAL SERVICEThe service shall be reciprocal. Each Administration shall prov-ide expeditious handling and delivery of incoming EMS items equ-al or superior to that provided for domestic postal items of li-ke character.Article 4 PROGRAMMED SERVICE4.1 Taiwan, ROC Administration shall offer Programmed Service on a contractual basis to customers who agree to use the servi- ce on a designated schedule to send EMS items to designated addressee. The Vietnamese Administration shall not offer Pr- ogrammed Service.4.2 An “Establishment" shall be sent to the Vietnamese Administ- ration at least 10 days before a service is initiated. This Establishment shall contain the following information: – the names and addresses of the sender and the designated addressee – licence or contract number of the sender – the day or days of the week for mailing – flight to be used for dispatch4.3 The Vietnamese Administration shall return a copy of Establ- ishment duly completed with the anticipated delivery time.4.4 Similar notice shall also be given to the Vietnamese Admini- stration before a service is altered or cancelled.4.5 If for any reason Regular items are not sent, or are to be sent in a later dispatch, the fact will be indicated on a s- pecial “Manifest".Article 5 ON-DEMAND SERVICE5.1 The service shall be offered to customers whether already u- nder contract agreement or not, shipping on a non-scheduled basis.5.2 Prior notice of sending is not required.Article 6 GOODSUnless the contrary is specified, EMS items may contain goods.Article 7 PROHIBITED OBJECTSThe prohibitions provided for in the UPU Convention shall applyto EMS items likewise the restrictions on entry and transit giv-en in the List of Prohibited Articles published by the Internat-ional Bureau of the Universal Postal Union.Article 8 LIMITS OF WEIGHT AND DIMENSIONS8.1 The weight of each item shall not exceed 20 kilogrammes.8.2 The weight of each mailbag shall not exceed 30 kilogrammes.8.3 EMS items shall not exceed 1.50 metres for any one dimention or 3 metres for the sum of the length and the greatest circ- umference measured in a direction other than that of the le- ngth.Article 9 INBUIRIES AND OTHER RE9UESTS9.1 Each Administration shall answer inquiries relating to items in the shortest possible time.9.2 Inquiries shall be accepted only within a period of three m- onths the date after that on which the item is posted.9.3 This paragraph does not authorize routine requests for conf- irmation of delivery.9.4 No request for withdrawal of items from the post or for ref- orwarding shall be accepted.Article 10 UNDELIVERABLE ITEMSAn item refused by the addressee, or any other undeliverable it-em, shall be returned, at no charge, to the Administration of o-rigin by EMS.Article 11 MISROUTING11.1 EMS items or dispatches arriving at a wrong destination sh- all be sent directly to the proper destination by EMS.11.2 Each Administration shall charge the other for the redirec- tion of such EMS items or dispatches.11.3 If the Administration to which an item is misrouted does n- ot exchange EMS items with the proper receiving Administra- tion, the item shall be returned to the Administration of origin by EMS.11.4 The dispatching and receiving Administration shall be info- rmed by telex or telegram of the measures taken.Article 12 LIABILITYEach Administration shall decide its own compensation policy inthe case of loss, damage, theft or delay. Payment of compensati-on, if any, shall be the sole responsibility of the Administrat-ion of origin. Neither Administration may claim indemnificationfrom the other Administration.Article 13 PAYMENT OF POSTAGEAll items shall have postage paid in accordance with methods ap-proved by each Administration.Article 14 PACKINGEach item shall be made up in such a way that the contents be s-ufficiently protected while permitting quick and easy verificat-ion.Article 15 INDICATIONS ON THE OUTER COVER15.1 The outer cover of EMS items must contain the following in- formation: – destination: YEMS" or the name indicated in Paragraph 2.5 – office and date of posting – names and addresses of sender and addressee – other indications requested by the receiving Administrat- ion15.2 On-demand items shall be marked with the letter “D". This letter shall be placed before or after the licence or cont- ract number.Article 16 CHARGES16.1 Each Administration shall set down its own tariffs and ret- ain the revenues generated from outgoing graffic.16.2 Apart from the charges to be paid by the sender, there sha- ll be no further postal charges payable either by the send- er or by the addressee of an EMS item.Article 17 CUSTOMS CLEARANCEEach Administration shall make all arrangements necessary for t-he fastest possible customs clearance of EMS items.Article 18 COMPENSATION IN THE EVENT OF IMBALANCE IN EXCHANGES18.1 Each Administration shall set, in the event of imbalance in exchanges, a unit rate of compensation per item correspon- ding to the costs.18.2 Administration shall agree in their reciprocal relations on the number of excess items above which the unit rate of co- mpensation shall be collected.18.3 Terminal dues and internal conveyance dues as defined in t- he Universal PostalConvention shall apply to EMS items.Article 19 EXPEDITIOUS DELIVERYThe receiving Administration shall make every effort to expediteclearance through Customs and effect delivery via the fastest m-eans available.Article 20 EXCHANGE OF INFORMATIONThe Administrations shall exchange the following information:- the areas to which EMS items can be sent- anticipated delivery times based on flight arrival- sorting system of items and the names of the exchange omces of destination flight schedule to be used- other information necessary to commence and maintain the EMS serviceArticle 21 DISPATCHING21.1 EMS items shall be placed in blue and orange EMS bags sepa- rately from other mail items.21.2 Each bag shall bear a blue and orange label clearly showing the office of exchange of destination.21.3 A special document “Manifest" or a C 12 form to which the indication EMS has been added shall be sent with each dis- patch. Each item shall be entered individually on the form.21.4 EMS bags shall be sealed.21.5 EMS bags shall be listed on a separate AV7, using a new se- rial dispatch sequence.Article 22 TEMPORARY SUSPENSION OF SERVICEWhere justified by extraordinary circumstances, each Administra-tion may temporarily suspend the service. The other Administrat-ion shall be informed immediately of such suspension and of theresumption of the service by telex, telegram, electronic mail ortelephone.Article 23 APPLICATION OF THE CONVENTIONThe Universal Postal Convention or Detailed Regulations shall a-pply, where appropriate, by analogy, in all cases not expresslygoverned by this Memorandum of Understanding.Article 24 AMENDMENTThis Memorandum of Understanding may be modified by mutual agre-ement on the basis of an exchange of letters including the textof the modified paragraph (s).Article 25 ENTRY INTO FORCEThis Memorandum of Understanding shall come into force on the d-ate mutually agreed upon by the Administrations. It shall ramainin operation until the expiration of twelve months from the dateon which notice of termination is given by either Administration.Done at Hanoi on 23 February 1994Done at Taipei on 9 March 1994in duplicate in the English language.ON BEHALF OF THE VIETNAM POSTS ON BEHALF OF POSTALADMINISTRATION ADMINISTRATION OF THE REPUBLIC OF CHINA[Signed] [Signed]DO NGOC BINH CHIEH-KWEI HSU DIRECTOR GENERAL OF POSTS

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