This Postal Service Supply and Usage Agreement (“Agreement”) is established on the Agreement Signing Date between the Service User and the Service Provider.
BASED ON:
(A) The Service User is an entity that requires the use of postal services and agrees to the Terms and Conditions in Part A and the Service Provision Policy in Part B of this Agreement;
(B) The Service Provider is the entity providing postal services along with cash-on-delivery services under this Agreement.
The two Parties co-sign this Agreement to record the agreement between the Parties, specifically as follows:
Address: 25th Floor, Saigon Centre 2 Building, 67 Le Loi Street, Saigon Ward, Ho Chi Minh City
Representative: TRAN THAO QUYEN
Position: Manager
(Hereinafter referred to as “SPX”)
PART A: TERMS AND CONDITIONS
ARTICLE 1: CONCEPTS USED IN THIS CONTRACT
“Letters"This means information exchanged in handwritten or printed form, with or without a recipient address (excluding periodicals, books, newspapers, and magazines) with a single item weight of up to 2 kg."
“Packages and parcels of goods Goods other than mail are accepted and transported legally through the postal network.
“Mail Service" is a service that accepts, transports, and delivers letters from the Sender's location to the Recipient's location via the postal network using methods other than electronic methods.
“Postal Mail"This means that letters, packages, and parcels of goods are legally accepted, transported, and delivered through the postal network."
“Order" is a request for postal services expressed in the form of an electronic document or other equivalent forms, which shows the Customer's request for delivery service with the following contents: recipient's full name, recipient's phone number, delivery address, delivery fee, amount to be collected (if any), delivery time (if any), notes (if any).
“Sender" means the Customer and the Customer's Postal Entity.
“Receiver"This means the organization or individual whose name appears in the recipient information section on the Postal Item, Delivery Slip, or Order Form, or the organization or individual authorized by the Recipient to receive the Postal Item.
ARTICLE 2: POSTAL SERVICES PROVIDED AND QUALITY GUARANTEED
SPX provides the following services (“DVBC" or "Service”) for Customers:
Postal services;
Value-added services;
Other additional services.
The number and weight of parcels are processed based on actual quantities each time an order is placed.
Service Quality: The overall delivery time is specified in the Service Quality Standards published on the SPX Application.
Account details for using the Service:
To begin using the Services on the SPX App, Customers need to create an account on the App. After creating an account, Customers will be assigned a unique Account Number. Customers may create multiple accounts depending on their needs, and these will be updated by the accompanying Contracts/Appendices.
SPX will use the Account Number to reconcile shipping fees and cash-on-delivery (COD) payments arising from Customer transactions. The Account Number is considered the Customer's official identification information on the SPX Application.
The Customer commits to providing accurate, truthful, and up-to-date account registration information whenever changes occur.
The Customer's Account Number under this Contract is [………………………].
ARTICLE 3: RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 Customer's Rights and Obligations:
3.1.1 Customer's Responsibilities:
a) Customers are responsible for providing accurate and truthful information about the shipment, including but not limited to the name of the goods contained in the shipment, a description of the goods such as quantity, weight, shipping method, and the name and address of the recipient. In cases where the Customer and the Recipient agree to keep the name and type of goods confidential, the Customer must clearly inform SPX and its delivery personnel about this matter. Specifically: Customers must declare the correct information about the name and type of goods when creating an order or submitting order information through the SPX system and are permitted to obscure/blur this information on the shipping label affixed to the shipment. The Customer is fully responsible for the contents of the goods if this information is obscured, erased, blurred, or smudged in accordance with current laws.
b) The Customer is responsible for providing the necessary documents related to the shipment, signing for the handover of the shipment to the SPX, and packaging the shipment correctly.
c) The Customer is responsible for paying the Service Fee to SPX in full and on time as stipulated in Article 5, Part A of this Contract.
d) The Customer/Sender is responsible for including the required documents as stipulated by current law when sending postal items. Furthermore, in the event that a postal item is seized due to the lack of accompanying invoices or documents proving the value and origin of the goods as required by current law, the Customer will cooperate with the Postal Service to work with the relevant authorities to provide all required documents.
e) In the event that a parcel arrives at the recipient with the sender's original seal intact but the recipient refuses to accept it, or the recipient cannot be found or contacted, the customer is responsible for retrieving the parcel and paying the return shipping fee to the sender.
f) SPX is responsible for all information regarding the Recipient provided by the Customer. In case of any errors in the Recipient's information, the Customer is responsible for resolving the issue directly with the Recipient, and SPX still has the right to charge the Service Fee for the Order based on the completed route.
g) The Customer is responsible for compensating all damages arising from the Customer's breach of these Terms and Conditions or from the Customer's goods during transit, including but not limited to: losses of persons and property caused by the goods, transportation costs, warehousing costs, and administrative penalty costs.
h) The Customer undertakes to comply with the Terms and Conditions in Part A and the Service Provision Policy in Part B of this Agreement. The Service Provision Policy is publicly available on the website.https://spx.vn/and/or the SPX Express application (hereinafter referred to collectively as “SPX Application”) and may be modified, supplemented and/or adjusted from time to time. These modifications, supplements and/or adjustments (“Content UpdateSPX will notify the Customer through SPX's official notification channels at least 05 (five) working days before the effective date. The Customer's continued use of the Service from the effective date of the Content Update constitutes their agreement and acceptance of the Content Update. Accordingly, this Agreement remains in effect for both Parties. The Customer agrees that in the event of any discrepancy between the Service Provision Policy stated in Part B of this Agreement and the Service Provision Policy posted on the SPX Application, the Service Provision Policy provided on the SPX Application will prevail.
i) Ensure that the Customer has obtained the necessary consent from the Recipient to use and process the Recipient's personal data in accordance with applicable law.
3.1.2 Customer Rights:
a) Your personal information is guaranteed to be confidential and secure throughout the entire shipping process.
b) Customers have the right to claim compensation for losses occurring during the delivery of postal items in accordance with the Contract, Terms and Conditions, and Service Provision Policy.
3.2 Rights and obligations of SPX:
3.2.1 SPX's responsibilities:
a) SPX provides postal delivery services for customers, transporting items from the pickup location to the delivery location specified by the customer.
b) Pickup method: SPX will pick up the parcel at the location and with the sender/recipient information requested by the customer.
c) For postal items that suffer loss or damage after the fault is proven to be SPX's, SPX will compensate according to the damage compensation policy stipulated in the Service Provision Policy attached to this Contract. In the event that SPX discovers that the shipped goods fall under the category of prohibited items or violate regulations on postal security and safety, SPX will, depending on the specific circumstances and at its sole discretion, take appropriate action in accordance with SPX's postal security and safety regulations and/or notify the competent state authority for handling as prescribed, and SPX will be completely exempt from all related liability.
d) SPX is responsible for ensuring the security, safety, and integrity of mail items throughout the shipping process.
e) Receiving and resolving customer complaints regarding services.
f) Provide a Value Added Tax (VAT) invoice for service fees to customers upon request.
3.2.2. SPX's rights:
a) SPX only accepts shipments containing goods/contents permitted by law. It reserves the right to refuse delivery of prohibited goods, flammable or explosive materials, goods that are difficult to store, bulky items, goods that violate postal security and safety regulations, and items outside the scope of postal services.
b) Inspect the package/parcel/goods before accepting it.
c) The Post Office reserves the right to refuse postal services when (i) the Customer violates the law; (ii) the delivery/reception address is outside the service area; (iii) the Postal Information and/or Recipient/Sender Information is unclear, incomplete, or inaccurate; (iv) the Postal Item contains or is suspected of containing goods that are prohibited or restricted from business, or prohibited from transportation according to the law or the regulations of the Post Office; (v) the Postal Item is not properly packaged; or (vi) the Customer has not paid the Service Fee for the previous month by the deadline.
d) SPX has the right to dispose of goods that are prohibited from transport or circulation, violate postal security and safety regulations, or are subject to SPX regulations, and/or to hand over such goods to competent authorities for handling. SPX is entitled to compensate for all damages arising from such violations, including but not limited to damages due to the inability to send the postal item or the postal item not being packaged or wrapped according to regulations, and any fines incurred by SPX as stipulated by current law. SPX has the right to pursue claims from the Customer or to offset collected amounts, including but not limited to COD payments due to the Customer, before fulfilling payment obligations as stipulated in the Agreements between SPX and the Customer.
e) SPX is permitted to modify, update, and adjust the Service Provision Policy from time to time and publicly post this Policy on the SPX Application.
f) The personal data of Customers and Recipients may be used and processed to provide services as stipulated in this Agreement in accordance with SPX's Privacy Policy, which is posted on the SPX Application.
ARTICLE 4: RECONCILIATION OF CASH ON DELIVERY (COD) COLLECTION AND PAYMENT METHODS
4.1 Orders with the "Delivery Successful" status confirmed on the SPX system will have reconciliation information sent to customers periodically, three times a week: on Mondays, Wednesdays, and Fridays. SPX will also transfer the money to the customer on the same day of reconciliation.
4.2 Payment method: bank transfer to the account provided by the Customer on the SPX system (transfer fees are borne by the transferor).
4.3 The Customer undertakes to be solely responsible for the bank account information provided, including but not limited to the content, scope of authorization, and any applicable taxes and fees (if any) related to all collected funds that the Customer designates SPX to transfer to the provided bank account. SPX is therefore completely exempt from all liability for transferring collected funds to the account designated by the Customer.
4.4 Within 3 days of submitting the reconciliation statement, if the Customer has any complaints regarding the reconciliation results, the Customer must send a response via email to SPX. SPX will review and respond to the Customer in the next available payment period. The deadline for complaints must not exceed 30 (thirty) days from the date of reconciliation.
ARTICLE 5: POSTAL SERVICE FEES AND PAYMENT METHODS
5.1 Postal Service Fees:
Postal Service Fees (“Service Charges”) is calculated according to the tariff schedule provided by SPX and recorded in the appendices attached to this Contract.
5.2 Payment Methods:
5.2.1 Payment methods
Method 1:
a) The shipping service fee for the orders has been updated to the status "Delivery Successful" or "Successful ReturnOnce confirmed on the SPX system, SPX will send reconciliation information to the Customer 3 times a week: on Monday, Wednesday, and Friday.
b) SPX will offset the Service Fee against the COD payment collected in the most recent COD payment period (if any).
c) In cases where there is no or insufficient COD amount to offset, SPX will send a payment request along with a detailed debt statement to the Customer once a month within the first 7 (seven) working days of each month.
d) The Customer is responsible for paying 100% of the Service Fee to SPX within 07 (seven) working days from the date of receiving the payment request accompanied by a detailed debt statement (transfer fees are borne by the transferor).
Method 2:
The outbound and return service fees will be paid directly by the customer to the SPX delivery staff.
5.2.2 SPX payment information:
Account name: SPX Express Co., Ltd.
Account number: P68002SPXNSPE
At Vietnam Foreign Trade Commercial Bank (Vietcombank) – Ky Dong Branch
Transfer details: NS-SP-Account ID
The currency of payment is Vietnamese Dong (VND).
(Transfer fees are borne by the sender)
In the event that SPX fails to receive payment for the Service Fee from the Customer within the payment deadline, SPX has the right to temporarily withhold the collected COD funds until the Customer pays the full Service Fee to SPX. Additionally, the Customer will be subject to a late payment interest rate equivalent to 0.05% per day on the outstanding debt for the duration of the delay. The total period of late payment shall not exceed 30 (thirty) days.
5.3 Postal service fee invoice:
SPX will issue invoices for postal service charges incurred during the period based on customer information provided on the SPX app.
Customers are solely responsible for the accuracy, completeness, and legality of the information they provide. SPX is not liable for errors, delays, or the inability to issue/adjust invoices arising from inaccurate, incomplete, or outdated customer information.
After customers register to receive invoices, electronic invoices for service charges starting from the registration period, if any arise, will be sent to the email address the customer registered/provided on the SPX Application or via other electronic methods announced by SPX, no later than the 10th of each month for the preceding service period.
ARTICLE 6: INFORMATION CONFIDENTIALITY
Each Party, together with its representatives, employees, and affiliated partners, undertakes to keep confidential all information and documents concerning or relating to this Agreement (“Confidential Information”) unless the disclosure of Confidential Information is consented to in writing by the other Party or the disclosure is required by law.
ARTICLE 7: TERMINATION OF CONTRACT
7.1 The Contract will terminate in accordance with the terms set forth in this Contract.
7.2 The Customer has the right to terminate the Contract if they no longer wish to use the Service. In this case, the Customer must notify SPX in writing at least 30 (thirty) days before the intended termination date.
7.3 SPX has the right to unilaterally terminate this Agreement in the following cases:
(a) The Customer fails to pay the Service Fees in accordance with the provisions of this Agreement;
(b) The Customer breaches the terms of this Agreement and/or SPX's Service Provision Policy;
(c) SPX has grounds to believe that the Customer's Postal Item is being transported for the purpose of engaging in an act that is unlawful or inconsistent with the law; or
(d) SPX shall notify the Customer in writing at least 30 (thirty) days prior to the intended termination date.
In the event of unilateral termination of the Contract, SPX maintains its demand for the Customer to pay any outstanding Service Fees.
ARTICLE 8: GENERAL PROVISIONS
8.1 Any disputes arising during the performance of this Contract shall be resolved through negotiation between the Parties. If a dispute is not resolved within 30 (thirty) calendar days from the commencement of negotiations, either Party may bring the matter to a competent court for resolution.
8.2 In the event of any conflict between any part of this Agreement, such conflict shall be resolved in the following order of priority: (a) Part A – Terms and Conditions; (b) Part B – Service Provision Policy, unless the Parties agree otherwise in writing.
8.3 This Contract shall be valid for a period of 01 (one) year from the Date of Signing. If neither Party notifies the other Party of the termination of the Contract 30 (thirty) calendar days before the expiration date of the Contract, the Contract shall be automatically renewed for another 01 (one) year without re-signing, and without limit on the number of renewals.
8.4 This Contract is concluded electronically and supersedes all written contracts, agreements, and commitments established by the Parties prior to the Date of Signing of this Contract, relating to the subject matter and content of this Contract.
PART B: SERVICE PROVISION POLICYAPPENDIX 1REGULATIONS ON COMPENSATION AND COMPLAINT HANDLING
ARTICLE 1: REGULATIONS ON HANDLING COMPLAINTS
1.1 Complaint resolution process:
Upon receiving complaints regarding the quality of postal services related to parcels transported by SPX, SPX will review and resolve them according to this procedure.
1.2 Principles for resolving complaints:
Complaint resolution must be carried out within the prescribed time limits and statutes of limitations, in accordance with the law, and ensuring the legitimate rights and interests of the Customer;
SPX aims to resolve customer complaints through negotiation and agreement based on good faith between the parties.
1.3 Complaint form:
Customers can submit complaints via email.cskh@spx.vn) or via online chat on the SPX App or in writing regarding matters related to postal services provided.
1.4 Conditions for a complaint to be resolved:
The complainant must be a Customer who uses SPX's postal services through a written or behavioral agreement, or a third party legally authorized by the Customer;
Complaints must be filed within the prescribed time limit.
For claims regarding postal items, the item being complained about must be clearly and accurately labeled with the item information within the order as required, and must not violate regulations regarding prohibited items or items that are dangerous, flammable, or explosive.
1.5 Time limit for filing a complaint:
Time limit for filing complaints regarding postal services:
Six (6) months from the date of the end of the total transit time of the Postal Item for claims regarding the loss of the Postal Item or delayed delivery of the Postal Item compared to the published total transit time; in cases where the service provided by SPX cannot guarantee the total transit time, this period is calculated from the date the Postal Item was accepted;
01 (one) month from the date the Postal Item is delivered to the recipient for complaints regarding the Postal Item being damaged, deteriorated, or regarding postage fees and other matters directly related to the Postal Item.
1.6 Receiving complaints:
SPX will receive complaints according to the procedures set out in this Article.
In case of non-acceptance of the complaint, SPX will notify the Complainant via email and/or phone and state the reason for refusing to accept the complaint. Feedback to the Customer will be provided no later than five (05) working days from the date SPX receives the complaint.
1.7 Complaint resolution timeframe:
Time limit for resolving complaints regarding postal services: No more than 02 (two) months from the date of receipt of the complaint regarding domestic postal services.
1.8 Complaint resolution process:
The complaint handling and resolution process at SPX will follow these steps:
Step 1: Receiving complaints:
Customers should submit a complaint to SPX, attaching any relevant documents, images, and videos (if available) to assist in resolving the complaint.
Step 2: Resolving complaints:
SPX will collect relevant information to inform a conclusion regarding the Customer's complaint. The processing time will not exceed one month in working days from the date the complaint is received.
For complaints regarding the quality of postal items:
Within 3 business days of receiving the complaint, SPX will request the Sender to provide information regarding the handling of the complaint concerning the quality of the dispatched mail (including but not limited to mail that has been tampered with, damaged, or deteriorated). The Sender is responsible for providing the information within 3 business days of receiving the SPX request. If the Sender is unable to provide the information within the specified timeframe, the Sender must provide written notification requesting an extension of the response period and specifying the final deadline by which the Sender can provide the information. However, this extension shall not exceed 10 business days from the date of receiving the SPX request.
Based on the information provided by the Sender or on its own assessment of the circumstances of the case, SPX will verify the information to determine the exact party responsible. This verification process shall not exceed 20 working days from the date of receipt of the complaint.
Within no more than 3 working days following the expiration of the case verification period, the SPX must issue a decision on resolving the case.
Step 3: Announce the results of the complaint resolution:
SPX will send complaint resolution notifications via email to the complainant and all parties involved in the complaint resolution process.
If the complainant agrees with the outcome of the complaint resolution, the complaint is considered terminated. Otherwise, the complainant and those with related rights and obligations have the right to file a lawsuit in a competent court to resolve the dispute in accordance with the law.
ARTICLE 2: PROVISIONS ON LIABILITY FOR DAMAGES
2.1 Principles of compensation for damages:
(a) Compensation for damages in the event of loss, damage, or total alteration of a postal item is determined according to the liability limit for damages applicable to that postal item.
(b) Compensation for damages is in Vietnamese Dong and will be paid in a single lump sum, unless otherwise agreed upon by the parties.
(c) Compensation for damages cannot be converted into other values.
(d) No compensation will be provided for indirect losses of profits not arising from postal services that do not meet the quality standards advertised by the business.
(e) The compensation for damages is announced and applied by the postal service provider, but it must not be lower than the compensation level stipulated by the competent state authority.
(f) No compensation will be provided for the following cases:
The postal service does not provide documentation confirming the acceptance of the postal item.
The service user does not have documentation proving that they have used SPX's services.
Confiscated or destroyed by competent state authorities due to unclear/inaccurate labeling of contents or because the postal item violates legal regulations due to the sender's fault.
The postal item was damaged or lost due to the sender's fault.
Other cases as prescribed by law.
(g) Liability for Damages to Customers: In the event that SPX discovers that a shipment falls under the category of goods not accepted for transport, SPX has the full right to handle that shipment according to its internal policy and in accordance with Vietnamese law. Simultaneously, SPX is completely exempt from all liability for compensation. Furthermore, the Customer is responsible for compensating all damages arising from their actions, including but not limited to: losses of life and property caused by the shipment, transportation costs, storage costs, and administrative penalty costs.
ARTICLE 3: DETERMINING THE VALUE OF POSTAL ITEMS AS A BASIS FOR COMPENSATION FOR DAMAGES
The value of the postal item used as the basis for compensation is determined based on the lesser of the following values:
3.1 The declared value of the postal item; and
3.2 The value of the postal item is recorded on the document proving its value, clearly stating the contents of the postal item.
3.3 Documents proving the value of a postal item are understood as follows:
A VAT invoice is valid if the seller is a business that declares VAT using the deduction method; or
A sales invoice is valid if the seller is a business/household business/individual business that declares VAT using the direct method; or
Customs declaration documents, if the goods are imported from abroad into Vietnam; or
The internal warehouse release and transportation slip/delivery receipt must show the product name and price, with signatures of both the seller and the buyer; or
Screenshots/videos of transaction exchanges, or bank payment receipts for prepaid orders, containing matching information about the Sender, Recipient, goods contents, quantity, value of the shipment, and transaction time prior to shipment; or
Transaction messages may include information about the Sender, Recipient, contents of goods, quantity of products, value of the shipment, and the time of the transaction before the shipment; or
Other types of documents and certificates are subject to the decision of the SPX.
3.4 In all cases, the compensation amount will not be less than 04 times the Service Fee.
ARTICLE 4: Amount of compensation for damages
4.1 Compensation amount for failure to meet the announced on-time delivery:
In the event of a breach of contract due to failure to ensure the announced delivery time, and the postal service user has documentation proving this failure, the postal service provider is responsible for refunding the service fee to the postal service user.
4.2 Compensation rates for damage to postal items such as letters, documents, and publications:
In case of loss, damage, or total replacement: The compensation amount is 04 times the Service Fee (including refund of the service fee already used) of the service used.
4.3 Compensation for damage to postal items does not include letters, documents, or publications:
(a) In the event that the postal item is lost, damaged, or completely swapped:
In cases where the Customer declares the value of the Postal Item and provides supporting documentation: Compensation will be 100% of the Postal Item's value, but not exceeding VND 20,000,000 and not less than four times the Service Fee (including reimbursement of used service fees) based on the Service Fee applied to the corresponding route of the Postal Item. The Postal Item's value is determined according to Section 2 above.
In cases where the Customer declares the value of the Postal Item but fails to provide documentation to prove its value: Compensation will be up to 100% of the declared value, but not exceeding VND 2,000,000.
In cases where the Customer does not declare the value of the Postal Item but provides documentation proving its value: The compensation amount is 100% of the value of the Postal Item stated on the documentation, but not exceeding VND 2,000,000.
In cases where the Customer fails to declare the value of the Postal Item and cannot provide invoices or documents proving its value: The compensation amount will be 4 times the Service Fee (including refund of the service fee already used) based on the Service Fee applied to the corresponding route of the Postal Item.
(b) In the event that a postal item is lost, damaged, or partially swapped:
In cases where the Customer fails to provide documentation proving the value of each product: The compensation amount will be 4 times the Service Fee (including refund of the service fee already used) based on the Service Fee applied to the corresponding route of the Postal Item.
If the Customer can provide documentation proving the value of each damaged product: Compensation will be based on the table below and may be up to 100% of the amount stated on the documentation proving the value of each damaged product, but not exceeding the total value of the shipment and not exceeding VND 20,000,000. The value of the shipment is determined according to Section 2 above.
The amount of compensation and the party entitled to retain the product are determined based on the following table:
Type of damage
Compensation amount
The party that retains the product
Torn, broken, or wet packaging from the manufacturer can lead to damaged shipments.
5% of the total value of the postal item.
Client
The manufacturer's seal is torn.
10% of the product value wasdamage in postal items
Client
Activate the electronic warranty or power on.
20% of the product value wasDamage in Postal Items
Client
Missing accessories
20% of the product value wasDamage in Postal Items
Client
The product is broken or damaged, with over 30% of its value lost.
100% of the product value was lost.Damage in Postal Items
SPX
(c) How to determine the percentage of compensation for damages:
The compensation rates mentioned above are maximums, not defaults;
Depending on the severity of the breakage in each case, the compensation rate may be lower and only the highest rate as shown in the terms and conditions table above will be used.
The value of the postal item is determined according to Section 2 above.
(d) Method for verifying the percentage of damage: Above 30% to qualify:
The number of damaged component parts of the Postal Item exceeds 30% of the total number of components making up the Postal Item; and
The sender must incur repair or replacement costs before they can continue using the item or proceed with selling it.
4.4. Deadline for fulfilling the obligation to compensate for damages:
(a) The time limit for compensation for damages shall not exceed 30 days from the date the parties determine liability for damages and the Sender has provided documentation proving the value of the Postal Item (if any).
(b) If the deadline for compensation for damages specified in point (a) of this Section is exceeded, SPX will pay late payment interest of 6% per year corresponding to the period of delay.
4.5 Recovery of compensation for damages:
(a) If part or all of the postal item deemed lost is recovered and compensation has been paid according to regulations, SPX will notify the person who received the compensation.
(b) The person who received compensation for damages has the right to accept or refuse to accept back part or all of the recovered postal item.
(c) If the person who received compensation for damages recovers part or all of the recovered postal item, they must return the corresponding compensation amount to the Post Office.
(d) If the person who received compensation for damages refuses to accept it back, then part or all of the recovered postal item becomes the property of SPX.
Note: In case of damaged parcels, the compensation value will be determined based on the extent of the damage. SPX is not responsible for compensating for any incorrectly declared value in case of loss or damage if the Customer does not declare the correct parcel value or provides incorrect information during the order creation process.
ARTICLE 5: PROVISIONS ON EXEMPTION FROM LIABILITY FOR DAMAGES
SPX is not liable for any liability arising from errors, including negligence (whether active or passive), liability for Postal Items, legal or other liabilities, or other legally related causes concerning:
5.1 The Customer's failure to comply with any legal regulations regarding prohibited or restricted postal items (including, but not limited to, postal items without valid invoices or documents, and/or postal items that are inspected, confiscated/destroyed by a decision of a competent authority);
5.2 The Customer's failure to comply with any of SPX's regulations or policies;
5.3 Negligent, careless, intentional errors, or deception by the Customer (including, but not limited to, cases where the Customer provides or declares incorrect or incomplete information about the shipment; packages the shipment inadequately, improperly, or in violation of SPX's packaging regulations or legal regulations; provides incorrect or incomplete Recipient information; or the Customer does not have documentation proving the use of SPX's Services);
5.4 The inherent nature or defect of the Postal Item or the Postal Item contained within the Postal Item; the Customer refuses to accept the Postal Item back or the Postal Item cannot contact the Customer after the Postal Item has made at least 03 (three) attempts to return the Postal Item. In this case, the Customer acknowledges and agrees that the Customer has waived all rights and claims with respect to the Postal Item and the Postal Item contained within the Postal Item; and the Postal Item will be exempt from all claims, liabilities, and claims related to the Postal Item.
5.5 Force majeure events as defined by Vietnamese law.
APPENDIX 2
PACKAGING REGULATIONS FOR POSTAL SERVICES
Packaging regulations are in place to ensure the safety of parcels during transit from the sender to the recipient. Proper packaging protects parcels, reduces return rates, and saves costs for the sender.The packing regulations are used as a basis for determining responsibility for the parties involved when claims arise due to errors occurring during transportation.
General regulations
(a) SPX only accepts parcels from senders after they have been properly packaged according to SPX's specifications, requirements, and instructions, and/or the characteristics of the goods, and stored in accordance with standards; and delivers parcels in their original packaging, only conducting joint inspections when the sender chooses a permitted joint inspection method.
(b) In cases where the recipient has confirmed that the package is intact, SPX will refuse to process any subsequent claims regarding missing items within the shipment.
(c) Packaging of postal items is only considered standard when the following requirements are met:
The postal items must be packed securely and not move or shift around in the box/packaging during transit (Specific regulations for each type of item are listed in Article 2 of this Appendix).
The package must be tightly wrapped with tape on all sides to ensure that the product does not fall out of the packaging during transit.
Special goods such as liquids, fragile items, items that are easily dented or melted must be packaged to meet the requirements of transportation.
Paper and cloth should not be used for packaging. For items that are easily soiled or wet, they should be placed in sealed plastic bags before packaging.
Use adhesive tape to seal the package; do not use rope or cloth string.
The actual weight of the package after packing must match the weight information on the delivery slip affixed to the outside of the goods.
In cases where goods are required by law to be accompanied by certain documents during transportation, the shipper is responsible for:
- Provide the original or a copy of the invoice;
- Provide specialized documents, licenses, certificates, or other certified documents from competent authorities (for goods that require such documents).
Invoices or instruction manuals should be placed inside the shipping box before packing, not taped to the outside of the box. It is recommended to place them in a sealed plastic zip bag to prevent them from getting wet or crumpled during transportation.
SPX refuses to compensate for damaged shipments due to the sender's fault (inadequate packaging causing breakage or damage to goods, etc.); or goods damaged due to the inherent characteristics of the product (easily melted, food with a short shelf life, etc.).
To ensure fast and accurate delivery, the following three pieces of information must be included on the package:
- Sender and Recipient Information (Name/Phone Number/Address)
- SPX tracking number
- Information related to postal items, including: Contents of letters, packages, and parcels.
2Detailed regulations
APPENDIX 3
LIST OF PACKAGES NOT ACCEPTED FOR DELIVERY
LIST OF GOODS NOT ACCEPTED FOR SHIPPING
Narcotic substances (including precursors and chemicals involved in the manufacture of narcotic substances, including those used in medicine and scientific research) and psychotropic substances.
Weapons, ammunition, military uniforms, military supplies, military technical equipment, and specialized technical means of the armed forces.
Oxidizing, corrosive, powdery, radioactive, and flammable substances are transported at temperatures up to 45 degrees Celsius.
Sharp objects and weapons that cause injury: knives, scissors (except those used for daily life), clubs, machetes, spears, pepper spray, homemade knives, explosives, etc.; sporting weapons; support tools and other tools with similar functions and effects.
Vehicles and fishing gear not permitted for use in fishing (including electric shock devices, etc.).
Wild animals and plants that are endangered or rare are prohibited from being exploited or traded commercially.
Body parts or products of forest animals: elephant tusks, rhinoceros horns, skin, pangolin scales, etc.
Smuggled goods, tax-evading goods, goods without invoices or supporting documents, invoices that do not match the goods' contents.
Publications and documents containing content that incites unrest, undermines national security, disrupts national unity, and aims to disrupt public order and oppose the Socialist Republic of Vietnam.
Documents/cultural products containing obscene, superstitious, immoral, or harmful content that violates Vietnamese customs and traditions, or that negatively impacts education, aesthetics, or character, are prohibited.
Explosive, flammable, toxic, radioactive, or pathogenic substances (including those used in medicine and scientific research), and substances that are hazardous, unsanitary, or polluting to the environment.
All types of fireworks, including but not limited to: firecrackers, firework displays, sparklers, flares, etc.
Tobacco raw materials, tobacco products (herbal tobacco, cigarettes, cigars, pipe tobacco, chewing tobacco, e-cigarettes, etc.) and other finished tobacco products are smuggled in.
Toxic chemicals: Pepper spray, bleach containing high levels of acid, etc.; veterinary drugs, pesticides that are prohibited or not yet permitted for use in Vietnam.
Living organisms; food that requires preservation.
Vietnamese currency, foreign currency and valuable documents such as banknotes; counterfeit money, counterfeit money, counterfeit seals, VAT invoices; documents that cannot be reissued; original personal identification documents, diplomas, certificates, etc.
Precious metals (gold, silver, gemstones, etc.) in raw form (blocks, ingots, pieces, granules, etc.).
Documents and artifacts belonging to historical and cultural sites and museums (steles, genealogies, ancient coins, etc.); documents containing state secrets.
Items and goods that are prohibited from circulation, export, import, entry into the receiving country, or transportation by postal services under Vietnamese law and international treaties to which Vietnam is a party at any given time.
Documents, papers, texts, tools, and instruments, including but not limited to those containing the national emblem, the name, or information of state agencies that are suspected of being forged, or that were not issued by those agencies themselves, are subject to these regulations.
Toys and models that resemble plastic pellet guns or other types of bullets, swords, spears, bayonets, daggers, bows, and crossbows.
Certain types of batteries pose a high risk of fire and explosion, including but not limited to: Sodium-ion (Na-ion) batteries, Lithium-ion (Li-ion) batteries, Lithium-polymer (Li-Po) batteries, Lead-acid batteries, etc.
Flammable solids (metal powders, chemical powders, etc.).
Oxidizing, corrosive, powdery, radioactive, and flammable substances are transported at temperatures up to 45 degrees Celsius.
Products that have a magnetic field (magnets, etc.).
Jewelry, gold, and other high-value goods.
Electronic devices that store electricity: Batteries, power banks, mobile phones, battery-powered shavers, etc.
Other goods as listed in the SPX's list of goods not accepted for transport, and as per airline regulations.
GENERAL NOTES
Customers are responsible for clearly and accurately noting information about the goods on the package. For goods not suitable for air transport, customers are responsible for clearly noting: "Goods not suitable for air transport" on the package. Customers are fully responsible if failure to clearly/accurately note the information results in the goods being seized, destroyed, delayed, or unable to be transported.
SPX reserves the right to refuse acceptance for transport of parcels that do not meet the requirements set forth in this policy.
In the event that SPX detects goods on the list of prohibited items, and SPX refuses to transport such goods under this policy, SPX has the full right to handle those goods according to its internal policy and in accordance with Vietnamese law. Simultaneously, SPX has the right to cooperate with competent State agencies to take action in accordance with the law. The Customer is responsible for working with and explaining the matter to the competent State agencies. Furthermore, the Customer is liable for all resulting damages, including but not limited to: losses of life and property caused by the goods, transportation costs, warehousing costs, and administrative penalties related to this violation.
Goods with product names in English or unclear product names will also be listed by SPX as prohibited items for air transport.
SPX reserves the right to open and inspect postal items (excluding letters) during transit if it suspects the postal item contains prohibited goods, goods that SPX does not accept for transport under this policy, or in cases where requested by competent authorities, or in other cases where SPX suspects that it may affect the legitimate rights and interests of the relevant party.