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Introduction to Industry Policy

Order No.12 of the President of the People's Republic of China

 

The Postal Law of the People's Republic of China, as revised, was adopted at the 8th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on April 24, 2009, is hereby promulgated, and shall come into force on October 1, 2009.

   Hu Jingtao, President of the People's Republic of China

April 24, 2009

 

The Postal Law of the People's Republic of China

  (Adopted at the 18th meeting of the Standing Committee of the 6th National People's Congress on December 2, 1986 and revised at the 8th meeting of the Standing Committee of the 11th National People's Congress on April 24, 2009)

Contents

Chapter I General Provisions

Chapter II Postal Facilities

Chapter III Postal Services

Chapter IV Postal Rates

Chapter V Compensation for Losses

Chapter VI Express Delivery

Chapter VII Supervision and Inspection

Chapter VIII Legal Liability

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated for the purposes of guaranteeing the universal postal services, strengthening the supervision and administration of the postal market, maintaining the safety of postal correspondence and information, protecting the freedom and privacy of correspondence, protecting the legitimate rights and interests of customers, promoting the sound development of the postal industry and meeting the needs for economic and social development and people’s life.

Article 2 The state shall guarantee the universal postal services within the territory of the People’s Republic of China.

Postal enterprises shall have the obligation of providing the universal postal services according to the state provisions.

The State Council, the local people’s governments at all levels and the relevant departments thereof shall take measures to support postal enterprises in providing the universal postal services.

For the purpose of this Law, the term “universal postal services” refers to the postal services continuously provided for all customers within the territory of the People’s Republic of China according to the scope of business, service standards and fee charge standards prescribed by the state.

Article 3 The freedom and privacy of correspondence of citizens shall be protected by law. No organization or individual shall infringe upon the freedom and privacy of correspondence of citizens under any pretext, provided however that as needed for protecting the national security or investigating criminal offences, the public security organs, national security organs or procuratorial organs may inspect the correspondence of citizens under the statutory procedures.

Except as otherwise provided for by law, no organization or individual shall inspect or withhold mails or remittances.

Article 4 The postal administrative department of the State Council shall be responsible for the national supervision and administration of the universal postal services and postal market.

The postal administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall, under the leadership of the postal administrative department of the State Council, be responsible for the supervision and administration of the universal postal services and postal market within their respective administrative regions.

The postal administrative department of the State Council and the postal administrative departments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter together referred to as “postal administrative departments”) shall supervise and administer the postal market based on the principles of openness, fairness, justness, encouraging competition and promoting development.

Article 5 The correspondence delivery services within the scope prescribed by the State Council shall be exclusively provided by postal enterprises.

Article 6 Postal enterprises shall strengthen their service quality control and improve their safety protection measures to provide swift, accurate, safe and convenient services for customers.

Article 7 The postal administrative departments, public security organs, national security organs and customs shall cooperate with each other, set up a sound safety protection mechanism, and strengthen the safety supervision and administration of postal correspondence and information to ensure the safety of postal correspondence and information.

Chapter II Postal Facilities

Article 8 The layout and construction of postal facilities shall meet the needs for guaranteeing the universal postal services.

The local people’s governments at all levels shall bring the layout and construction of postal facilities into their urban and rural planning, and support the construction of postal facilities for providing the universal postal services, especially the construction of postal facilities in the outlying rural areas.

The construction of new urban areas, independent industrial and mining areas, development zones or residential areas or the reconstruction of old urban areas shall be accompanied with the construction of corresponding postal facilities for providing universal postal services.

The postal network composed of postal facilities for providing universal postal services, etc. shall be important correspondence infrastructure of the state.

Article 9 Postal facilities shall be set up according to the standards prescribed by the state.

Post offices which provide universal postal services shall be set up at larger stations, airports, ports, institutions of higher learning and hotels.

To set up or cancel a post office, a postal enterprise shall notify the postal administrative department in writing beforehand; however, the cancellation of a post office which provides universal postal services shall be subject to the approval of the postal administrative department, and if approved, shall be announced publicly.

Article 10 State organs, enterprises and public institutions shall set up places for receiving correspondence. Village postal stations or other places for receiving correspondence shall be gradually set up in rural areas. Mailboxes shall be installed in the construction of urban residential buildings and be inspected and accepted upon completion according to the standards prescribed by the state.

Where the construction entity fails to install mailboxes according to the standards prescribed by the state, the postal administrative department shall order it to make correction within a certain time limit; if the construction entity fails to do so, the postal administrative department shall designate another entity to install the mailboxes, and the costs necessary for the installation shall be paid by the construction entity of the residential building.

Article 11 The design and construction of mail processing centers shall meet the requirements for the national security organs and customs to perform their functions according to law.

Article 12 To expropriate a post office or mail processing center, the competent urban-rural planning department shall make proper arrangements on the reestablishment of the post office or mail processing center according to the requirements for guaranteeing the universal postal services. No postal office or mail processing center shall be expropriated before such proper arrangements are made.

Before the reestablishment of an expropriated post office or mail processing center, the postal enterprise shall take measures to guarantee the normal provision of universal postal services.

Article 13 Postal enterprises shall regularly maintain the postal facilities set up by them to ensure the normal functioning of such facilities.

No entity or individual shall damage or destroy any postal facility or affect the normal functioning of any postal facility.

Chapter III Postal Services

Article 14 Postal enterprises may provide the following services:

1. mail delivery;

2. postal remittance and postal savings;

3. issuing stamps and making and selling philatelic products;

4. distribution of domestic newspapers and periodicals, books and other publications; and

5. other services as prescribed by the state.

Article 15 Postal enterprises shall provide universal postal services for the delivery of correspondence, printed matters not heavier than 5 kg each and parcels not heavier than 10 kg each and the postal remittance.

Postal enterprises shall, according to the state provisions, provide such special services as delivery of confidential correspondence, distribution of state-specified newspapers and periodicals and free delivery of ordinary correspondence of compulsory servicemen, Braille reading matters and legacies of revolutionary martyrs.

Without the approval of the postal administrative department, no postal enterprise shall cease or restrict the provision of any of the services prescribed in the preceding two paragraphs. In the case of temporally ceasing or restricting the provision of any service above for force majeure or any other special reason, a postal enterprise shall make a timely announcement, take corresponding remedial measures, and report to the postal administrative department.

The standards for the universal postal services shall be formulated by the postal administrative department of the State Council in conjunction with other relevant departments of the State Council. The specific measures for the supervision and administration of the universal postal services shall be formulated by the postal administrative department of the State Council.

Article 16 The state shall subsidize the postal enterprises which provide universal postal services and special services, and strengthen the supervision over the use of subsidies.

Article 17 The state shall set up a universal postal service fund. The specific measures for the contribution, use, supervision and administration of the fund shall be formulated by the public finance department of the State Council in conjunction with other relevant departments of the State Council, and be promulgated for enforcement upon the approval of the State Council.

Article 18 Postal enterprises shall separate their universal postal services from their competitive services in business operation.

Article 19 In an urban area, postal enterprises shall be open for business at least six days a week and deliver mails at least once a day; in an area where the people’s government of a township or town is located, postal enterprises shall be open for business at least five days a week and deliver mails at least five times a week.

The business hours and postal delivery frequencies of postal enterprises in outlying areas with poor traffic conditions and other areas of townships and towns may be separately provided for by the postal administrative department of the State Council.

Article 20 Postal enterprises shall deliver postal matters according to the time limits and service norms prescribed by the postal administrative department of the State Council.

Article 21 A postal enterprise shall publish, at its business premises, its service types, business hours, charge rates, methods for tracking mails and remittances, methods for compensation for losses and ways for customer complaints about its service quality.

Article 22 Where a postal enterprise offers its standard clauses for defining the rights and obligations of it and customers, the standard clauses shall be governed by the provisions of the Contract Law of the People’s Republic of China on the standard clauses of a contract.

Article 23 To send a mail, a customer shall clearly and accurately write the name, address and postal code of the recipient on the mail. Postal enterprises shall provide customers with the postal code inquiry service free of charge at their post offices.

Postal codes shall be made according to the coding rules formulated by the postal administrative departments of the State Council. The postal administrative departments shall supervise the coding and use of postal codes according to law.

Article 24 Postal enterprises shall, when receiving and delivering mail, abide by laws, administrative regulations and provisions of the State Council and the relevant departments of the State Council on items prohibited or restricted from delivery, and so shall customers when sending mail.

Article 25 Postal enterprises shall set up and implement a system for checking the inside of mail received for delivery.

For correspondence sent by customers, postal enterprises may require customers to unseal them for checking the inside when necessary, but shall not examine the texts of correspondence. If a customer refuses to unseal his letter, a postal enterprise shall not accept the letter for delivery.

For mail other than correspondence, a postal enterprise shall check the inside of a mail on the spot. If a customer refuses the check, the postal enterprise shall not accept the mail for delivery.

Article 26 Where a postal enterprise finds any item prohibited or restricted from delivery inside a mail, it shall handle it according to the relevant state provisions.

Where any mail entering or exiting the territory of the People’s Republic of China contains any item prohibited or restricted from entry or exit, the customs shall handle it according to law.

Article 27 For mail consigned by postal enterprises which provide the universal postal services, the railway, road, waterway and air transport enterprises shall give priority to arranging the transport thereof, and stations, ports and airports shall arrange loading and unloading spots and passages for mail.

Article 28 When vehicles and ships bearing an exclusive postal mark enter or leave ports or pass ferries, priority shall be given to the release thereof.

Where a vehicle bearing an exclusive postal mark, for delivering mail, needs to pass a section of road closed by the traffic control department of the public security organ or park at a no-parking spot, upon the approval of the traffic control department of the public security organ, it may pass the closed section of road or park at the no-parking spot, provided that safety is ensured.

No postal enterprise shall use any vehicle or ship bearing an exclusive postal mark for business operation other than mail delivery or permit any other entity or individual to use a vehicle or ship bearing an exclusive postal mark by lease or in any other manner.

Article 29 Mail transported by sea shall not be covered by contribution to general average.

Article 30 The customs shall supervise and control the international postbags, postal containers and international postal items which enter or exit the territory of the People’s Republic of China according to the Customs Law of the People’s Republic of China.

Article 31 The Quarantine process of mail entering or exiting the territory of the People’s Republic of China shall be made by the entry-exit inspection and Quarantine process organs according to law.

Article 32 Postal enterprises shall deliver mail by address, by customer’s own collection or in manners as otherwise agreed upon with customers.

State organs, enterprises, public institutions, residential area management entities, etc. shall provide convenience for postal enterprises to deliver mail. Where the address of any entity customer changes, the entity shall timely notify the postal enterprise.

Article 33 Postal enterprises shall return the undeliverable mail to the senders.

Where any undeliverable and unreturnable correspondence is unclaimed within six months from the date when the postal enterprise determines it as unreturnable, the postal enterprise shall destroy it under the supervision of the postal administrative department. Other undeliverable and unreturnable mail shall be handled according to the provisions of the postal administrative department of the State Council. In particular, the undeliverable and unreturnable international postal items which enter the territory of the People’s Republic of China shall be handled by the customs according to the Customs Law of the People’s Republic of China.

Article 34 The remittee of a postal remittance shall, within 60 days from the date of receiving a remittance notice, collect the remittance at the postal enterprise upon the strength of his valid identity certificate.

Where any remittance is not collected by the remittee upon the expiration of the prescribed time limit, the postal enterprise shall return it to the remitter. Where any remittance cannot be returned to the remitter within one year upon the expiration of the prescribed time limit or where the remitter fails to collect the returned remittance within one year from the date of receiving a notice of returned remittance, the postal enterprise shall turn in the remittance to the state treasury.

Article 35 No entity or individual shall open, hide or destroy the mail of others without permit.

Except as otherwise provided for by law, a postal enterprise and the staff thereof shall not divulge information on the postal service used by a customer to any entity or individual.

Article 36 For the purpose of protecting national security or investigating criminal offenses, the public security organs, national security organs or procuratorial organs may legally inspect and detain the relevant mail, and require the relevant postal enterprises to provide the information on the postal services used by the relevant customers. Postal enterprises and the relevant entities shall cooperate and keep confidential the relevant information.

Article 37 No entity or individual shall use mail to send any item which contains anything that:

1. incites the subversion of the state’s regime, overthrow of the socialist system, split of the state or undermining of the unity of the state, or compromises the national security;

2. divulges any national secret;

3. spreads rumors to disturb the social order or undermine the social stability;

4. incites ethnic hatred or discrimination to undermine the ethnic solidarity;

5. advocates any cult or superstition;

6. spreads any obscene, gambling or terror information or abets the commission of a crime; or

7. is otherwise prohibited by a law or administrative regulation.

Article 38 No entity or individual shall:

1. disturb the normal order of a post office;

2. obstruct the staff of postal enterprises from delivering mail;

3. illegally intercept, forcibly board or cling to any vehicle bearing an exclusive postal mark;

4. falsely act in the name of a postal enterprise or use an exclusive postal mark; or

5. forge any item exclusively for the postal use or buy and sell any forged item exclusively for the postal use.

Chapter IV Postal Rates

Article 39 The charges for universal postal services, charges for services exclusively provided by postal enterprises, charges for delivery of confidential correspondence and charges for distribution of the state-specified newspapers and periodicals shall be subject to the government pricing. The charge rates shall be determined by the competent price department of the State Council in conjunction with the public finance and postal administrative departments of the State Council.

The charges for other services of postal enterprises shall be subject to the market pricing, and the charge rates shall be determined independently by postal enterprises.

Article 40 In the determination of charge rates for universal postal services or services exclusively provided by postal enterprises, the opinions of postal enterprises, customers and other relevant parties shall be heeded.

Postal enterprises shall provide accurate and complete business cost data and other relevant materials according to the requirements of the competent price department, public finance department and postal administrative department of the State Council.

Article 41 The payment of postage shall be indicated by a postage voucher, a postpaid postmark and other relevant business documents.

Postage certificates include stamps, meter imprints, imprinted envelops, postal cards, stamped letter sheets, stamped letter cards, etc.

No entity or individual shall forge any postage certificate, buy and sell forged postage certificates, or illegally imitate any stamp or postage design.

Article 42 The issued volume of regular stamps shall be determined by postal enterprises according to the market demand and filed with the postal administrative department of the State Council; the issuance plans on commemorative stamps and special stamps shall be proposed by postal enterprises according to the market demand and submitted to the postal administrative department of the State Council for examination and approval. The postal administrative department of the State Council shall be responsible for determining the subjects and examining the designs of commemorative stamps.

The postal administrative departments shall supervise the printing and distribution of stamps according to law.

Article 43 After a postage certificate is sold, the holder of the postage certificate shall not require a postal enterprise to exchange it for cash.

The cessation of use of a kind of postage certificates shall be subject to the approval of the postal administrative department of the State Council. At least 90 days before the cessation of use, the cessation of use shall be announced publicly and the sale of the kind of postage certificates shall stop. Holders of such postage certificates may, within one year from date of public announcement, exchange them for other equivalent postage certificates at postal enterprises.

Article 44 None of the following postage certificates shall be used:

1. postage certificates, the use of which has ceased upon the approval of the postal administrative department of the State Council;

2. postage certificates which have been postmarked or written off; or

3. postage certificates which become unidentifiable for any stain, damage, deformation or color fading or change.

The postage design which is cut from an imprinted envelope, postal card, stamped letter sheet or stamped letter card shall not be used as a postage certificate.

Chapter V Compensation for Losses

Article 45 This Chapter shall apply to the compensation for losses caused to mail or remittances within the business scope of universal postal services.

The compensation for losses caused to mail outside the business scope of universal postal services shall be governed by the relevant civil law provisions.

Loss caused to mail refers to any mail loss, damage or destruction or the missing of any inside item of a mail.

Article 46 Postal enterprises shall not be liable for making compensation for losses caused to regular mail, except for losses caused by the intention or gross negligence of postal enterprises.

Article 47 Postal enterprises shall make compensation for losses caused to receipt mail according to the following provisions:

1. Where any insured receipt mail is lost or completely destroyed, a compensation in the insured amount shall be made; where any insured receipt mail is partly destroyed or any of its inside items is missing, a compensation shall be made for the actual losses caused to the mail according to the proportion of the insured amount to the total value of the mail.

2. Where any uninsured receipt mail is lost or destroyed or any of its inside items is missing, a compensation which is not more than three times the postage charged at the maximum shall be made for the actual losses caused to the mail; where any registered correspondence is lost or destroyed, a compensation which is three times the postage charged shall be made.

A postal enterprise shall expressly state the provision of the preceding paragraph in a notice published at its business premises and in the receipts provided for receipt mail customers in a manner which can sufficiently cause the attention of the customers.

Where any postal enterprise causes losses to any receipt mail intentionally or for its gross negligence or fails to perform the obligation prescribed in the preceding paragraph, it shall have no right to invoke the provision of paragraph 1 hereof to limit its compensatory liability.

Article 48 A postal enterprise shall not be liable for making compensation for losses to receipt mail caused by:

1. force majeure, except for losses to an insured receipt mail caused by a force majeure;

2. the natural quality or reasonable wastage of the mailed item; or

3. the fault of the sender or recipient.

Article 49 After sending a receipt mail, for a domestic mail, a customer may track the mail at the postal enterprise upon the strengthen of the receipt within one year from the date of sending; for an international mail, the term shall be 180 days.

Where a customer tracks his international mail or a mail sent to an outlying area determined by the postal administrative department of the State Council, a postal enterprise shall notify the customer of the tracking result within 60 days from the date when the customer requests the tracking; where a customer tracks any other mail, a postal enterprise shall notify the customer of the tracking result within 30 days from the date when the customer requests the tracking. If the mail cannot be tracked upon the expiration of the time limit for a tracking reply, the postal enterprise shall make compensation according to the provisions of Article 47 of this Law.

Where any customer, within the time limit for tracking prescribed in paragraph 1 hereof, fails to request a postal enterprise to track the mail and fails to claim compensation against the postal enterprise, the postal enterprise shall not be liable for compensation any more.

Article 50 A remitter of postal remittance may, within one year from the date of remittance, track the remittance at the postal enterprise upon the strengthen of the receipt. The postal enterprise shall notify the remitter of the tracking result within 20 days from the date when the remitter requests the tracking. If the remittance cannot be tracked upon the expiration of the time limit for a tracking reply, the postal enterprise shall return the remittance and the remittance charges to the remitter.

Chapter VI Express Delivery

Article 51 For the provision of the express delivery service, an express delivery business permit shall be obtained according to this Law. Without permit, no entity or individual shall provide the express delivery service.

Foreign investors shall not invest in the domestic express delivery service for correspondence.

Domestic express delivery service refers to the express delivery service which, from accepting mail through delivering mail, all occurs within the territory of the People’s Republic of China.

Article 52 To apply for an express delivery business permit, an applicant shall:

1. meet the requirements for a legal person enterprise;

2. have a registered capital of RMB 500,000 or more if it is to provide the express delivery service within a province, autonomous region or municipality directly under the Central Government; have a registered capital of RMB 1 million or more if it is to provide the express delivery service across provinces, autonomous regions or municipalities directly under the Central Government; or have a registered capital of RMB 2 million or more if it is to provide the international express delivery service;

3. have the service capability appropriate for the territory where it is to provide the service as stated in its application;

4. have a strict service quality control system and sound business operating procedures;

5. have a sound safety protection system and sound safety protection measures; and

6. meet other requirements as provided for by laws and administrative regulations.

Article 53 To apply for an express delivery business permit for providing the service within a province, autonomous region or municipality directly under the Central Government, an applicant shall file an application with the postal administrative department of the province, autonomous region or municipality directly under the Central Government where it is located; to apply for an express delivery business permit for providing the express delivery service across provinces, autonomous regions or municipalities directly under the Central Government or providing the international express delivery service, an applicant shall file an application with the postal administrative department of the State Council. An application form and the relevant application materials shall be submitted at the time of application.

The postal administrative department which accepts an application shall examine the application and make a decision on approval or disapproval within 45 days after accepting the application. In the case of approval, it shall issue an express delivery business permit to the applicant; in the case of disapproval, it shall notify the applicant of the decision and the reasons for disapproval in writing.

When examining an application for an express delivery business permit, the postal administrative department shall take into account the national security and other factors and consult the relevant departments for opinions.

An applicant may provide the express delivery service only after having handled the registration formalities at the administrative department for industry and commerce according to law upon the strength of the express delivery business permit.

Article 54 Enterprises providing the express delivery service other than postal enterprises (hereinafter referred to as the “express delivery enterprises”) shall report their establishment of branch offices, mergers or splits to the postal administrative departments for archival purposes.

Article 55 No express delivery enterprise shall provide the correspondence delivery service which shall be exclusively provided by postal enterprises or deliver the official documents of state organs.

Article 56 Express delivery enterprises providing the correspondence express delivery service outside the scope of services which shall be exclusively provided by postal enterprises shall mark the word “correspondence” in a conspicuous position of the correspondence envelope.

Express delivery enterprises shall not pack correspondence for delivery as a parcel.

Article 57 Enterprises providing the international express delivery service shall be subject to the supervision of the postal administrative departments and other relevant departments according to law. The postal administrative departments and other relevant departments may require enterprises providing the international express delivery service to provide Customs clearance process data.

Article 58 To cease the provision of the express delivery service, an express delivery enterprise shall notify the postal administrative department in writing, surrender the express delivery business permit, and properly handle the undelivered express mail according to the provisions of the postal administrative department of the State Council.

Article 59 The provisions of Articles 6, 21, 22, 24 and 25, paragraph 1 of Article 26, paragraph 2 of Article 35, and Article 36 of this Law on postal enterprises and the staff thereof shall apply to express delivery enterprises and the staff thereof; the provision of Article 11 on mail processing centers shall apply to express mail processing centers; the provisions of paragraph 2 of Article 3, paragraph 2 of Article 26, paragraph 1 of Article 35, and Articles 36 and 37 on mail shall apply to express mail; and the provision of paragraph 2 of Article 45 on compensation for losses caused to mail shall apply to the compensation for losses caused to express mail.

Article 60 The industrial association legally established by enterprises providing the express delivery service shall, according to laws, administrative regulations and its bylaws, formulate the norms for the express delivery industry, strengthen industrial self-discipline, and provide information, training and other services for enterprises to promote the sound development of the express delivery industry.
  Enterprises providing the express delivery service shall strengthen the education on law and professional ethics and skill training of their staff.

Chapter VII Supervision and Inspection

Article 61 A postal administrative department shall perform the functions of supervision and administration according to law, and may take the following measures for supervision and inspection:

1. entering a postal enterprise or express delivery enterprise or any other place where any violation of this Law is suspected to make an on-site inspection;

2. inquiring of the relevant entities and individuals about the relevant information;

3. consulting or copying the relevant documents, materials and vouchers; and

4. upon the approval of the person in charge of the postal administrative department, sealing up any place related to the violation of this Law, seizing the means of transport and related articles used for the violation of this Law, and unsealing mail or express mail other than correspondence suspected of containing any item prohibited or restricted from delivery for inspection.

Article 62 A postal administrative department may, when necessary for performing its functions of supervision and administration, require postal enterprises and express delivery enterprises to report on their relevant business operations.

Article 63 A postal administrative department shall assign at least two supervisors or inspectors to make supervision or inspection, who shall produce their law enforcement certificates at the time of supervision and inspection. The relevant entities and individuals shall cooperate in and shall not refuse or obstruct the supervision and inspection legally conducted by the postal administrative department.

Article 64 The staff of a postal administrative department shall have the obligation of keeping confidential the trade secrets known by them in the supervision and inspection.

Article 65 Postal enterprises and express delivery enterprises shall timely and properly handle the complaints of customers about their service quality. Any consumer who is dissatisfied with the handling result may appeal to the postal administrative department which shall timely handle it according to law and, within 30 days after receiving the appeal, give a reply.

Article 66 All entities and individuals shall have the right to report any violation of this Law to the postal administrative department. After receiving a report, the postal administrative department shall timely handle it according to law.

Chapter VIII Legal Liability

Article 67 Where a postal enterprise which provides the universal postal services fails to meet the universal postal service standards, the postal administrative department shall order it to make correction and may impose a fine of not more than RMB 10,000 or, if the circumstances are serious, a fine of RMB 10,000 up to RMB 50,000; and shall impose sanctions on the directly liable person in charge and other directly liable persons.

Article 68 Where a postal enterprise, without the approval of the postal administrative department, cease or restrict the provision of the universal postal services or any special service or cancel a postal office which provides the universal postal services, the postal administrative department shall order it to make correction and may impose a fine of not more than RMB 20,000 or, if the circumstances are serious, a fine of RMB 20,000 up to RMB 100,000; and shall impose sanctions on the directly liable person in charge and other directly liable persons.

Article 69 Where a postal enterprise uses any vehicle or ship bearing an exclusive postal mark for business operation other than mail delivery, or permits any other entity or individual to use any vehicle or ship bearing an exclusive postal mark by lease or in any other manner, the postal administrative department shall order it to make correction and confiscate the illegal gains and may impose a fine of not more than RMB 20,000 or, if the circumstances are serious, a fine of RMB 20,000 up to RMB 100,000; and shall impose sanctions on the directly liable person in charge and other directly liable persons.

Where any staff member of a postal enterprise uses any vehicle or ship bearing an exclusive postal mark to engage in any activity other than mail delivery, the postal enterprise shall order him to make correction and impose a sanction on him.

Article 70 Where any staff member of a postal enterprise intentionally delays the delivery of mail, the postal enterprise shall impose a sanction on him.

Article 71 Where anyone falsely claims, unseals without permission, hides, destroys or illegally inspects other people’s mail or express mail, which does not constitute a crime, he shall be subject to a punishment for violation of the public security administration.

Article 72 Where anyone provides the express delivery service without an express delivery business permit, or any entity other than a postal enterprise or any individual provides the correspondence delivery service which shall be exclusively provided by postal enterprises or delivers the official documents of state organs, the postal administrative department or the administrative department for industry and commerce shall order it/him to make correction, confiscate the illegal gains and impose a fine of RMB 50,000 up to RMB 100,000 on it/him or, if the circumstances are serious, a fine of RMB 100,000 up to RMB 200,000 on it/him; and for an express delivery enterprise, may order it to stop business for rectification or even revoke its express delivery business permit.

Where anyone, in violation of paragraph 2 of Article 51 of this Law, provides the domestic express delivery service of correspondence, it/he shall be punished according to the preceding paragraph.

Article 73 Where an express delivery enterprise commits any of the following acts, the postal administrative department shall order it to make correction, may impose a fine of not more than RMB 10,000 or if the circumstances are serious, a fine of RMB 10,000 up to RMB 50,000, and may order it to stop business for rectification:

1. failing to report on its establishment of a branch office, merger or split to the postal administrative department for archival purposes;

2. failing to mark the word “correspondence” in a conspicuous position of the correspondence envelope;

3. packing correspondence for delivery as a parcel; or

4. after ceasing the provision of the express delivery service, failing to notify the postal administrative department in writing and surrender its express delivery business permit; or failing to properly handle the undelivered express mail according to the provisions of the postal administrative department of the State Council.

Article 74 Where a postal enterprise or express delivery enterprise fails to publish its service charge rates for customers according to the relevant provisions or commits any other violation of price law, the competent price department of the government shall punish it according to the Price Law of the People’s Republic of China.

Article 75 Where a postal enterprise or express delivery enterprise fails to set up or implement a system for checking the inside of mail received for delivery, or accepts and delivers mail or express mail in violation of a law or administrative regulation or the provisions of the State Council or the relevant department of the State Council on items prohibited or restricted from delivery, the postal administrative department shall impose sanctions on the directly liable person in charge and other directly liable persons of the postal enterprise; or may order the express delivery enterprise to stop business for rectification or even revoke its express delivery business permit.

Where a customer includes any item prohibited or restricted from delivery in a mail, which does not constitute a crime, he shall be subject to a punishment for violation of the public security administration.

Whoever commits a violation prescribed in the preceding two paragraphs which causes any personal injury or property loss shall be liable for compensation according to law.

Where a postal enterprise or express delivery enterprise in the provision of the international delivery service or a customer sending any international postal item violates the Customs Law of the People’s Republic of China or any other relevant law or administrative regulation, it/he shall be punished according to the relevant laws and administrative regulations.

Article 76 Where a postal enterprise or express delivery enterprise illegally provides information on any postal service or express delivery service used by a customer, which does not constitute a crime, the postal administrative department shall order it to make correction, confiscate the illegal gains, and impose a fine of RMB 10,000 up to RMB 50,000; for a postal enterprise, impose sanctions on the directly liable person in charge and other directly liable persons; or, for an express delivery enterprise, order it to stop business for rectification or even revoke its express delivery business permit.

Where any staff member of a postal enterprise or express delivery enterprise commits the violation prescribed in the preceding paragraph, which does not constitute a crime, the postal administrative department shall order him to make correction, confiscate the illegal gains and impose a fine of RMB 5,000 up to RMB 10,000 on him.

Article 77 Where a postal enterprise or express delivery enterprise refuses or obstructs any supervision and inspection which is legally conducted, which does not constitute a crime, it shall be subject to a punishment for violation of the public security administration. For an express delivery enterprise, the postal administrative department may also order it to stop business for rectification or even revoke its express delivery business permit.

Article 78 Where a postal enterprise or express delivery enterprise or any staff member thereof commits any act compromising the national security in the process of business operation, it/he shall be subject to the relevant legal liability. For an express delivery enterprise, the postal administrative department shall revoke its express delivery business permit.

Article 79 Where anyone falsely acts in the name of a postal enterprise, falsely uses an exclusive postal mark, forges any item exclusively for the postal use, or buys and sells any forged item exclusively for the postal use, the postal administrative department shall order it/him to make correction, confiscate the forged items exclusively for the postal use and illegal gains and impose a fine of RMB 10,000 up to RMB 50,000 on it/him.

Article 80 Where anyone commits any of the following acts, which does not constitute a crime, it/he shall be subject to a punishment for violation of the public security administration:

1. stealing, damaging or destroying any postal facility or disrupting the normal functioning of any postal facility;

2. forging postage certificates or buying and selling forged postage certificates;

3. disturbing the normal order of any postal office or the business premises of any express delivery enterprise; or

4. illegally intercepting, forcibly boarding or clinging to any vehicle delivering mail or express mail.

Article 81 Where any entity’s express delivery business permit is revoked for any violation of this Law, it shall not apply for providing the express delivery service within three years from the date of revocation of express delivery business permit.

Where an express delivery enterprise’s express delivery business permit is revoked, it shall handle the modification formalities or the cancellation of registration at the administrative department for industry and commerce according to law.

Article 82 Whoever violates this Law shall be subject to criminal liability according to law if the violation constitutes a crime.

Article 83 Where any staff member of a postal administrative department abuses his power, neglects his duty, practices favoritism or makes falsification in the supervision and administration, which constitutes a crime, he shall be subject to criminal liability according to law; or which does not constitute a crime, he shall be subject to a sanction according to law.

Chapter IX Supplementary Provisions

Article 84 For the purposes of this Law, the following terms shall have the meanings as follows:

“Postal enterprises” refers to China Post Group and the enterprises providing postal services which are wholly owned or are controlled by China Post Group.

“Delivery” refers to the activities of delivering correspondence, parcels, printed matters and other items to specific individuals or entities according to the names and addresses on the envelopes or packages, including mail acceptance, sorting, transport, delivery, etc.

“Express delivery” refers to the activities of rapid mail delivery within a promised time limit.

“Mail” refers to correspondence, parcels, remittance notices, newspapers and periodicals, other printed matters, etc. delivered by postal enterprises.

“Express mail” refers to correspondence, parcels, printed matters, etc. delivered by postal enterprises.

“Correspondence” refers to letters and postcards. Letters refer to the sealed information carriers delivered in envelops to specific individuals or entities according to the names and addresses on the envelops, excluding books, newspapers, periodicals, etc.

“Parcels” refers to items which are separately packaged and delivered to specific individuals or entities according to the names and addresses on the packages. The weight of a parcel shall not exceed 50 kg, the measurement of any side shall not exceed 150 cm, and the total of length, width and height shall not exceed 300 cm.

“Ordinary mail” refers to a mail which does not require a postal enterprise to issue a receipt upon acceptance for delivery and does not require a signature of the recipient upon delivery.

“Receipt mail” refers to a mail which requires a postal enterprise to issue a receipt upon acceptance for delivery and requires a signature of the recipient upon delivery.

“Postal facilities” refers to the postal offices, mail processing centers, mailboxes, newspaper and periodical stands, letter boxes, etc. which are used for the provision of postal services.

“Mail processing centers” refers to the places specially used by postal enterprises for mail sorting, sealing for delivery, storage, exchange, transfer, delivery, etc.

“International postal items” refers to the parcels, printed matters, etc. mailed between the customers within the territory of the People’s Republic of China and the customers in other countries or regions.

“Items exclusively for the postal use” refers to the postal date-marks, postage meters, postal service documents, postal tongs, postbags and other containers exclusively used for mail.

Article 85 An international freight forwarding enterprise which provides the international express delivery service upon the approval of or filing with the competent foreign trade department of the State Council and the registration with the administrative department for industry and commerce according to the relevant state provisions before this Law is promulgated shall collect an express delivery business permit at the postal administrative department of the State Council upon the strength of the approval or filing document and its business license. The postal administrative department of the State Council shall notify the administrative department for industry and commerce where the enterprise was originally registered of the enterprise’s collection of the express delivery business permit.

In addition to the enterprise prescribed in the preceding paragraph, an enterprise which provides the express delivery service upon the registration with the administrative department for industry and commerce according to law before this Law is promulgated shall, if it fails to meet the requirements of this Law for providing the express delivery service, meet the requirements prescribed in this Law within the time limit prescribed by the postal administrative department of the State Council; otherwise, it shall not continue to provide the express delivery service.

Article 86 A province, autonomous region or municipality directly under the Central Government shall, according to the local actualities, formulate the specific measures for supporting postal enterprises in providing the universal postal services.

Article 87 This Law shall come into force on October 1, 2009.

 

 

 

 

 

 

 

 

 

Service - Restricted Items

I. Restricted Goods for Express Delivery

1. Goods requiring transportation permit:

Category

Approval Certificate

Issued By

Firearm, police equipment

transport permit, carrying permit

Public Security Bureau, Sports Commission

Animals, plants and their products

Quarantine process certificate for animals and plants

Quarantine process station for animals and plants

Tobacco

Transport permit for tobacco

Tobacco monopoly bureau

Narcotic drugs

Transport certificate of narcotics

Pharmacy Administration Bureau of the Ministry of Health

Radioactive goods

Certificate of radiation dose

Sanitation and antiepidemic station

Alcoholic drink

Transport permit and outbound transport certificate of imported liquor

Provincial administration bureau for liquor monopoly

Audio-visual product (optical disk)*

Transport and transmission certificate of audio-visual product

Office of provincial social and cultural management committee

Product of gold mine*

Transfer certificate

Provincial gold company

Wood

Transport permit

County-level forestry bureau

2. Other restricted goods

A. Animal product, ivory, alcoholic beverage (such as beer, grape wine, spirit), drug or pharmaceutical material, plants and their products (cotton, seeds, tobacco, tea leaf), medical sample (sample for diagnosis, blood, urine, body fluid, tissue sample);

B. Antique (breakage-proof), artwork, arts: quality appraisal and necessary package required, but warranty not granted.

C. Negotiable bill (creating direct economic benefit for the bill holder): only applicable for company account. Permit shall be signed and issued by the sender.

D. Industrial diamond;

E. Perishable goods; F. Valuable flowers and plants;

 

 

II. Prohibited Products for Air Transport

1. Goods threatening the flight safety refer to those items or substances causing obvious harm to health, safety or property during air transport.  It mainly includes the following categories:

A. Explosive: fireworks, firecracker, detonating fuse, etc.;

B. Gas: compressed gas, dry ice, fire extinguisher, gas cartridge (without discharger and cannot be refilled), life saving apparatus (automatic expansion), etc.;

C. Inflammable liquid: paint, gasoline, alcohol, engine oil, camphorated oil, engine primer, turpentine, thinner, glue, perfume, etc.;

D. Inflammable solid: pyrophorus material, those releasing inflammable gas upon contacting water, such as activated carbon, titanium powder, dried coconut, product of castor-oil plant, rubber scrap, safety match (with striking paper), dry white phosphorus, dry yellow phosphorus, magnesium powder, etc.;

E. Oxidizing agent and organic peroxides, such as potassium permanganate;

F. Toxicant and infectious items: pesticide, lithium battery, tear bomb, etc.;

G. Radioactive materials;

H. Corrosives: storage battery, alkaline battery fluid.

I. Magnet, magnetic steel and other magnetic products without degaussing package.

2. Drug.

3. Others prohibited items for air transport: powdery goods (any color), liquid (any package), goods with hazard sign on the outer package, audio-visual products without certificate of national audio-visual press (including CD, VCD), cutter, jackfruit, lighter with gas, any goods involving the concept of "weapon" and "gun" (including toy), etc.

S/N

Category of Hazardous Items

Names of Common Goods

1

Explosive

Firecracker, smoke pipe, fuse, dynamite (including black powder), detonator, fireworks, crackers, paper for starting pistol, etc.;

2

Gas

Aerosol, gas bottle, gas lighter, ignitable smoke/smog/gas digester, compressed acid, liquid nitrogen, gas for freezing, RCL, etc.;

3

Inflammable liquid

Gasoline, paint, printing ink, spice, kerosene, alcohol, adhesive, hydrogen peroxide, etc.;

4

Inflammable solid

Phosphorus, asbestos, safety match, celluloid, sulfur, activated carbon, sodium sulfide, metal catalyst, calcium, carbide, magnesium, barium, alkaline-earth metal alloy, etc.;

5

Oxide and organic peroxides

Iodine, table tennis ball, oxygen generator, hydrogen water, hydrochloride, ammonia sulfate fertilizer, methyl alcohol, ketone, oxide (resin or catalyst), etc.;

 

6

Toxicant and infectious items

Blood sample, drug, pesticide, bactericide, sanitizer, dyestuff, mercury compound, pharmaceutical product, bacterium, cyanide, arsenic, DDVP, virus, medical waste, etc.;

7

Radioactive materials

Empty vessel and machine storing material with very few radiation or surface rate of the transport medium below 5μSv/h, etc.;

8

Corrosive

Acid, hydrogen peroxide, etc.;

9

Other hazardous items

Dry ice, air bag, magnetic items (electric horn, stereo equipment), part of cosmetics, liquid goods, gold and silver brick, currency, weapon and ammunition, animal, remains (including bone ash), film, illegal anesthetic, sodium, magnesium, aluminite powder, items prohibited by law or relevant authorities, negotiable and marketable securities, etc.;

 
 
 
 
 
 
 
 
 
 

III. Prohibited Items for Express

1. Inflammable and explosive, corrosive, toxicant, high-acid/alkaline/radioactive goods, including match, detonator, gunpowder, firecracker, gasoline, diesel, kerosene, alcohol (liquid and solid), sulfuric acid, hydrochloric acid, nitric acid, organic solvent, pesticide and other chemical products listed in the "Practical Handbook for Hazardous Chemicals" published by Chemical Industry Press.

2. All kinds of strong poison, anesthetics, and psychotropic drugs, including arsenic, opium, morphine, cocaine, heroin, marihuana, etc.

3. Items prohibited from circulation or consignment by national order, including cultural relic, weapon, ammunition, simulation weapons, etc.

4. Newspapers, magazines, books, pictures, promotional materials, audio-visual products, laser disc (VCD, DVD, LD), computer disk and optical disc containing reactionary, obscene or indecent content.

5. Items hindering public health, including corpse (bone ash), undressed animal skin, unprocessed animal skin, etc.

6. Animals, plants, and their specimen.

7. White powder with non-identifiable composition.

8. Personal letters, etc.

  
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