Order of the President of the People's Republic of China
No. 12
The Postal Law of the People's Republic of China, revised and adopted at the 8th Meeting of the Standing Committee of the Eleventh National People's Congress of the People's Republic of China on April 24, 2009, is hereby promulgated and shall go into effect as of October 1, 2009.
Hu Jintao
President of the People's Republic of China
April 24, 2009
Postal Law of the People's Republic of China
(Adopted at the 18th Meeting of the Standing Committee of the Sixth National People's Congress on December 2, 1986, and revised at the 8th Meeting of the Standing Committee of the Eleventh 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 Services
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 safeguarding universal postal services, strengthening supervision and administration over the postal market, maintaining postal correspondence and information safety, protecting the freedom and privacy of correspondence, protecting the legitimate rights and interests of customers, promoting the healthy development of the postal industry, and accommodating economic and social development and people's needs.
Article 2 The State safeguards universal postal services within the territory of the People's Republic of China.
Postal enterprises shall assume the obligation of providing universal postal services in accordance with the relevant provisions of the State.
The State Council and the local people's governments at all levels and their relevant departments shall take measures to support postal enterprises in providing universal postal services.
For the purposes of this Law, "universal postal services" shall mean postal services that are continuously provided for all customers within the territory of China pursuant to the business scope, service standards and service rates specified by the State.
Article 3 The freedom and privacy of correspondence of all citizens shall be protected by law. No organization or individual shall infringe upon citizens' freedom and privacy of correspondence for any reason, except in cases where, to meet the needs of State security or a criminal investigation, public security organs, State security organs or procuratorial organs inspect correspondence in accordance with the relevant procedures prescribed by law.
Unless otherwise specified by law, no organization or individual shall inspect or detain correspondence or remittances.
Article 4 The postal administration department under the State Council shall be responsible for the supervision over and administration of universal postal services and postal markets throughout the country.
Postal administration agencies of the provinces, autonomous regions and municipalities directly under the central government shall, under the leadership of the postal administration department under the State Council, be responsible for the supervision over and administration of universal postal services and postal markets within their respective administrative areas.
The postal administration department under the State Council and the postal administration agencies of the provinces, autonomous regions and municipalities directly under the central government (hereinafter referred to as "postal administration departments") shall, in supervising and administrating the postal markets, adhere to the principles of being open, fair and impartial while encouraging competition and promoting development.
Article 5 Postal and delivery services within the scope specified by the State Council shall be exclusively operated by postal enterprises.
Article 6 Postal enterprises shall strengthen service quality management and improve safety guarantee measures; thus providing customers with fast, accurate, safe and convenient postal services.
Article 7 Postal administration departments, public security organs, State security organs, and the Customs Office shall cooperate with each other, establish and improve safety guarantee mechanisms, strengthen their supervision over and administration of postal communication and information safety, and guarantee postal communication and information safety.
Chapter II
Postal Facilities
Article 8 The layout and construction of postal facilities shall meet the requirements for guaranteeing universal postal services.
The local people's government at each level shall include the layout and construction of postal facilities in urban and rural planning, support the construction of postal facilities that provide universal postal services, and provide special support for the construction of postal facilities in rural and outlying areas.
When constructing new urban areas, independent industrial or mining areas, development zones, residential areas, or reconstructing old urban areas, supporting postal facilities that provide universal postal services shall be constructed at the same time.
The postal network, composed of postal facilities providing universal postal services, is an important communication infrastructure of the State.
Article 9 Postal facilities shall be set up in accordance with standards specified by the State.
Business premises for providing universal postal services shall be set up at relatively large stations, airports, ports, colleges and universities, and hotels.
When setting up or canceling its postal business premises, a postal enterprise shall make a written notification to the relevant postal administration department in advance; cancellation of business premises for providing universal postal services shall be subject to approval by the postal administration department and the same should be announced.
Article 10 Organs, enterprises and public organizations shall set up places for receiving postal materials. Rural areas shall gradually establish village post offices or other places for receiving postal materials.
Mail boxes for receiving postal materials shall be installed when constructing residential buildings in towns and cities and be checked for quality before acceptance in accordance with standards specified by the State. If a developer fails to install mail boxes pursuant to standards specified by the State, the relevant postal administration department shall order such developer to make corrections within a specified time limit; if the developer fails to do so, the postal administration department shall designate another entity to install mail boxes, and the fees incurred shall be borne by the developer.
Article 11 The design and construction of places for handling postal materials shall meet the requirements for assisting State security organs and customs to perform their duties in accordance with the law.
Article 12 In case of requisition of a postal business premise or a place for handling postal materials, the department in charge of urban and rural planning shall, in accordance with the requirements for ensuring universal postal services, make proper arrangements for the relocation of the postal business premise or the place for handling postal materials; no requisition shall be allowed before proper arrangements are made.
Before the postal business premise or the place for handling postal materials is re-established, the relevant postal enterprise shall take measures to ensure the regular provision of universal postal services.
Article 13 Postal enterprises shall carry out regular maintenance of their postal facilities to ensure normal use.
No entity or individual shall damage or destroy any postal facilities or obstruct the normal use of such facilities.
Chapter III
Postal Services
Article 14 Postal enterprises shall engage in the following activities:
(1) Postal and delivery services;
(2) Postal remittances and postal savings;
(3) Issuance of postage stamps, and production and sale of philatelic items;
(4) Distribution of domestic publications such as newspapers, periodicals, and books; and
(5) Other businesses specified by the State.
Article 15 Postal enterprises shall provide universal postal services for letters, printed matter, of which the weight per piece does not exceed five kilograms; parcels, of which the weight per piece does not exceed ten kilograms; and postal remittances.
Postal enterprises shall, in accordance with the relevant provisions of the State, provide special services such as the handling of classified correspondences, distribution of newspapers and periodicals specified by the State, free postage and delivery of ordinary letters sent by compulsory servicemen, Braille books and the remains of revolutionary martyrs.
Without approval of the relevant postal administration department, a postal enterprise shall not cease or limit the provision of the services mentioned in the preceding two paragraphs; if the postal enterprise suspends or temporarily limits the provision of the said services due to force majeure or other special reasons, it shall make a timely announcement regarding the situation, take relevant remedial measures, and report the same to the relevant postal administration department.
Universal postal service standards shall be formulated by the postal administration department under the State Council in conjunction with the relevant departments under the same; the specific measures for supervision over and administration of universal postal services shall be formulated by the postal administration department under the State Council.
Article 16 The State shall provide subsidies to postal enterprises that provide universal postal services or special services, and strengthen the supervision over the use of such subsidy funds.
Article 17 The State shall establish a universal postal service fund. The specific measures for the collection, use, supervision and administration of the universal postal service fund shall be formulated by the finance department under the State Council in conjunction with the relevant departments under the same and shall be issued for implementation subject to the approval of the State Council.
Article 18 Postal enterprises shall operate universal postal service businesses and competitive businesses separately.
Article 19 The business days of postal enterprises shall be at least six days per week in a city, and postal enterprises shall deliver postal materials at least once every day; the business days of postal enterprises shall be at least five days per week in a place where the people's government of a township or town is located, and postal enterprises shall deliver postal materials at least five times every week.
The number of business days per week for postal enterprises in outlying areas where transportation is not convenient, or other areas of townships or towns, and the frequency of delivering postal materials shall be provided by the postal administration department under the State Council.
Article 20 When delivering postal materials, postal enterprises shall comply with the time limit and service standards specified by the postal administration department under the State Council.
Article 21 Postal enterprises shall, in their places of business or otherwise, display or publish their range of offered services, business hours, rates, customer complaint redress, and measures for inquiring into postal materials and remittances as well as compensating losses.
Article 22 If a postal enterprise defines the rights and obligations between it and its customers through the standard clauses provided by it, the provisions of the Contract Law of the People's Republic of China concerning standard clauses of a contract shall apply to such standard clauses.
Article 23 When handing over postal materials to a postal enterprise, a customer shall write clearly and accurately the addressee's name, address and postal code. The postal enterprise shall provide a postal code inquiry service for customers free of charge at the postal business premises.
Postal enterprises shall formulate postal codes in accordance with the rules on postal code formulation provided by the postal administration department under the State Council. The postal administration department shall supervise the formulation and use of postal codes in accordance with the law.
Article 24 Postal enterprises and customers shall, when accepting and handing over material for post or delivery, comply with laws, administrative regulations, and provisions of the State Council and the relevant departments under the State Council regarding articles forbidden or restricted from being posted or delivered.
Article 25 Postal enterprises shall, in accordance with the law, establish and implement an examination system for accepting postal materials for posting.
For letters handed over by customers, a postal enterprise may request the customers to open envelopes for examination when necessary, but may not check the content of letters. If such examination is refused by a customer, the postal enterprise shall refuse to post such materials.
For postal materials other than letters, a postal enterprise shall conduct an on-site examination of the inner contents thereof when receiving postal materials. If such examination is refused by a customer, the postal enterprise shall refuse to post such postal materials.
Article 26 If a postal enterprise discovers any article that is forbidden or restricted from being posted and delivered, it shall deal with the same in accordance with the relevant provisions of the State.
Any postal material carrying an article forbidden or restricted from being imported or exported as specified by the State shall be handled by the Customs Office in accordance with the law.
Article 27 With respect to postal materials supplied by postal enterprises that provide universal postal services, the relevant enterprises engaged in transport by rail, road, water or air shall give priority to the transportation of said postal materials, and the relevant stations, ports and airports shall arrange loading and unloading areas as well as entry and exit passageways.
Article 28 Vehicles and vessels bearing special postal service logos shall be given priority when entering and departing ports and crossing on ferries.
If a vehicle bearing the special postal service logo that transports and delivers postal materials necessarily needs to pass through a section of road closed to traffic as designated by the traffic control department of the public security organ, or stop on no-parking sections of the road, such vehicle may, on the premise of guaranteeing safety and upon receiving permission from the traffic control department of the public security organ, pass through or park.
Postal enterprises shall not conduct activities other than the delivery of postal materials by utilizing vehicles or vessels bearing special postal service logos, and shall not, by leasing or any other means, permit other entities or individuals to use vehicles or vessels bearing special postal logos.
Article 29 Postal materials transported by sea shall not be included in arrangements for general-average contribution.
Article 30 The Customs Office shall supervise and inspect international mail bags, postal material containers and international postal items, which enter or exit the territory of China, in accordance with the provisions of the Customs Law of the People's Republic of China.
Article 31 The entry and exit inspection and quarantine authority shall conduct quarantine inspections on international postal materials in accordance with the law.
Article 32 Postal materials shall be delivered by postal enterprises to the specified address and picked up by the customer, or delivered by other means as agreed upon by the customer through negotiation.
Organs, enterprises, public institutions, residential community management organizations and other relevant entities shall provide a convenient means for the delivery of postal materials by postal enterprises. Where a corporate customer changes its address, it shall make a timely notification of the same to the relevant postal enterprise.
Article 33 The postal enterprise shall return undeliverable postal materials to senders.
If a letter that is neither deliverable nor returnable fails to be claimed within six months from the date on which the postal enterprise confirms the fact of impossibility of returning the letter to the sender, such letter shall be destroyed by the postal enterprise under the supervision of the postal administration department. Other undeliverable and non-returnable postal materials shall be dealt with in accordance with the provisions of the postal administration department under the State Council, among which undeliverable and unreturnable incoming international postal articles shall be handled by Customs in accordance with the provisions of the Customs Law of the People's Republic of China.
Article 34 A remittee shall cash a postal remittance at the postal enterprise within 60 days of receiving the notice of postal remittance by presenting his/her valid identity certification.
Remittances not claimed within the specified time limit shall be returned to the remitter by the postal enterprise. Remittances unable to be returned to the remitter within one year from the date on which the time limit for cashing postal remittance expires, or that fail to be claimed by the remitter within one year from the date on which he/she receives the notice of remittance return, shall be turned over to the State treasury.
Article 35 No entity or individual shall open, conceal, destroy or discard another person's postal materials without permission.
Unless otherwise provided for by law, postal enterprises and their employees shall not disclose information about users of postal services to any entity or individual.
Article 36 For reasons of national security or the requirements of a criminal investigation, public security organs, State security organs or procuratorial organs may inspect or detain relevant postal materials, and may also request postal enterprises to provide relevant customer information regarding use of postal services. Postal enterprises and the relevant entities shall render assistance to the aforesaid organs and maintain confidentiality about the relevant situation.
Article 37 No entity or individual shall use postal materials to post or deliver articles with content that aims to:
(1) Incite subversion of State political power and overthrow the socialist system, split the country and undermine national unity, or endanger State security;
(2) Disclose State secrets;
(3) Disseminate rumors to disrupt social order or social stability;
(4) Incite ethnic hatred or discrimination, or undermine ethnic unity;
(5) Propagate heretical teachings or superstitions;
(6) Propagate obscenity, gambling, or irrational fears, or instigate crimes; or
(7) other content prohibited by law or administrative regulations.
Article 38 No entity or individual shall conduct any of the following acts:
(1) Disturb the order of postal business premises;
(2) Obstruct the employees of postal enterprises from delivering postal materials;
(3) Illegally intercept, possess by force or seize a vehicle bearing the special postal service logo;
(4) Make fraudulent use of a postal enterprise's name or special postal service logo; or
(5) Counterfeit special postal products or resell counterfeit special postal products.
Chapter IV
Postal Rates
Article 39 The government pricing system shall apply to the rates of universal postal services, rates of businesses exclusively operated by postal enterprises, rates of classified mail correspondence and rates for the distribution of newspapers and periodicals specified by the State. The standards for rates shall be formulated by the department in charge of pricing under the State Council in conjunction with the finance department and the postal administration department under the same.
The rates for other businesses of postal enterprises shall be adjusted by the market, and standard rates determined independently by postal enterprises.
Article 40 When formulating standard rates for universal postal services and businesses exclusively operated by postal enterprises, the opinions of postal enterprises, customers and other relevant parties shall be consulted.
A postal enterprise shall, upon request of the department in charge of pricing, the finance department and the postal administration department under the State Council, provide accurate and complete business cost data and other relevant materials.
Article 41 The payment of postage on postal materials shall be indicated by postage certificates, postmarks showing the payment of postage or other relevant business documents.
Postage certificates shall include postage stamps, "postage-paid" markings, prepaid-postage envelopes, pre-stamped postcards, pre-stamped aerogrammes, pre-stamped letter cards, etc.
No entity or individual shall counterfeit postage certificates or resell counterfeit postage certificates, or produce facsimile stamps and facsimile "postage-prepaid" pattern copies without permission.
Article 42 The number of common stamps to be issued shall be determined by postal enterprises based on market demand and reported to the postal administration department under the State Council for their records; plans for issuing commemorative stamps and special stamps shall be proposed by postal enterprises based on market demand and reported to the postal administration department under the State Council for examination and approval. The postal administration department under the State Council shall be responsible for selecting the subject matter and examining the designs of commemorative stamps.
Postal administration departments shall supervise the printing and sale of stamps in accordance with the law.
Article 43 After the sale of postage certificates, holders shall not require postal enterprises to redeem them for cash.
The withdrawal from use of certain postage certificates shall be approved by the postal administration department under the State Council and be announced to the public 90 days in advance of the withdrawal, and sale thereof shall be simultaneously withheld. Holders of such postage certificates may exchange them for equivalent postage certificates at postal enterprises within one year from the date of the announcement.
Article 44 The following postage certificates shall not be used:
(1) Those that the postal administration department under the State Council has approved for withdrawal from usage;
(2) Those that have been postmarked or cancelled; and
(3) Those that are contaminated, incomplete or illegible due to fading or discoloring.
Stamp designs cut from pre-stamped envelopes, pre-stamped postcards, pre-stamped aerogrammes and pre-stamped letter cards shall not be used as postage certificates.
Chapter V
Compensation for Losses
Article 45 With respect to compensation for losses of postal materials and remittances within the scope of universal postal services, the provisions of this Chapter shall apply.
With respect to compensation for losses of postal materials beyond the scope of universal postal services, the provisions of the relevant civil laws shall apply.
The loss of postal materials shall refer to loss, damage, destruction or missing contents of postal materials.
Article 46 Postal enterprises shall not bear liability for the compensation of losses of ordinary postal materials, except, however, where losses of ordinary postal materials are caused by a postal enterprise due to intent or gross negligence.
Article 47 A postal enterprise shall compensate for the loss of receipt mail in accordance with the following provisions:
(1) For insured receipt mail lost, totally damaged or destroyed, compensation shall be made in accordance with the insurance coverage. For insured receipt mail partially damaged or destroyed or whose contents are missing, compensation shall be made in accordance with the actual loss of the postal materials, based on the ratio between the insurance coverage and the actual value of the postal materials.
(2) For uninsured receipt mail lost, damaged or destroyed, or whose contents are missing, compensation shall be made in accordance with the actual damage, but not more than three times the value of the postage paid; for registered mail which is lost, damaged or destroyed, compensation shall be made in an amount of three times the value of the postage paid.
Postal enterprises shall state the provisions in the preceding paragraph in a notice posted at the business premises and on the postal document receipt provided for customers in a manner sufficient to draw customers' attention.
Postal enterprises that lose receipt mail due to intent or gross negligence or fail to perform the obligations specified in the preceding paragraph shall have no right to invoke the provisions in the first paragraph of this Article to limit their liability for compensation.
Article 48 Postal enterprises shall not be liable for the loss of postal materials resulting from any of the following:
(1) Force majeure, excluding the loss of insured receipt mail caused by force majeure;
(2) Natural characteristics or reasonable wear and tear of posted articles; or
(3) Sender or recipient's fault.
Article 49 Customers may present receipts and inquire about receipt mail at the relevant postal enterprise within one year from the date on which such customer hands in domestic receipt mail for posting, or within 180 days from the date on which such customer hands in international receipt mail for posting.
The postal enterprise shall inform the customer of the results within 60 days from the date on which the customer inquires about the international postal materials or the postal materials sent to outlying areas specified by the postal administration department under the State Council, or within 30 days from the date on which the customer inquires about other postal materials. If no postal materials are found on the expiration of the time limit for responding to the inquiry, the postal enterprise shall make compensation in accordance with the provisions of Article 47 hereof.
The postal enterprise shall not be liable for compensation if a customer fails to inquire about or demand compensation within the time limit for inquiry specified in the first paragraph of this Article.
Article 50 A remitter may present receipts and inquire about remittances at a postal enterprise within one year from the date of remittance. The postal enterprise shall inform the remitter of the results within 20 days from the date of inquiry. If no remittance is found on the expiration of the time limit for responding to the inquiry, the postal enterprise shall return the remittance and relevant fees to the remitter.
Chapter VI
Express Delivery Services
Article 51 For engaging in the business of providing express delivery services, a permit for providing such services shall be obtained. No entity or individual shall provide express delivery services without permission.
Foreign-invested enterprises shall not invest in or provide domestic express delivery services for letters.
Domestic express delivery services shall mean express delivery services, with respect to which the entire process from acceptance to delivery, occurs within the territory of the People's Republic of China.
Article 52 To apply for a permit for providing express delivery services, an enterprise shall meet the following conditions:
(1) It conforms to the conditions of an enterprise legal person;
(2) Its registered capital shall not be less than RMB 500,000 yuan if it operates its business within a province, autonomous region, or municipality directly under the central government. Its registered capital shall not be less than one million yuan if it operates businesses across provinces, autonomous regions, or municipalities directly under the central government. Its registered capital shall not be less than two million yuan if it provides international express delivery services.
(3) It has service capabilities adaptive to the regional scope in which it applies for providing services;
(4) It has a strict service quality management system and complete business operation specifications;
(5) It has a sound safety guarantee system and measures; and
(6) It meets other conditions specified by law and administrative regulations.
Article 53 To apply for a permit for providing express delivery services, an enterprise shall file the application with the postal administration department of the province, autonomous region, or municipality directly under the central government where it is located if it operates businesses within the province, autonomous region, or municipality directly under the central government, or it shall file the application with the postal administration department under the State Council if it operates businesses across provinces, autonomous regions, or municipalities directly under the central government or operates an international express delivery business. When applying, it shall submit the written application along with the relevant materials.
The relevant postal administration department shall conduct an examination within 45 days from the date on which it accepts the application, and decide whether to grant the approval or not. In the case of approval, it shall issue the permit for providing express delivery services; in the case of disapproval, it shall notify the applicant of the same in writing and state the reason.
When examining the application for the permit for providing express delivery services, the relevant postal administration department shall consider State safety and other factors and seek opinions from relevant departments.
The applicant shall operate an express delivery business only after being registered by the relevant administration department for industry and commerce in accordance with the law, by presenting the permit for providing express delivery services.
Article 54 For establishing a branch or undertaking a merger or division, an enterprise providing express delivery services other than a postal enterprise (hereinafter referred to as "express enterprise") shall file with the postal administration department for the record.
Article 55 An express enterprise shall not operate a letter delivery service exclusively operated by postal enterprises, and shall not post and deliver official documents of State organs.
Article 56 When operating letter express delivery services other than those exclusively operated by postal enterprises, express enterprises shall prominently mark envelopes with the word "letter".
Express enterprise shall not pack the letters and deliver them as parcels.
Article 57 Enterprises that operate an international express delivery service shall be subject to the supervision and administration exercised by the postal administration department and the relevant departments in accordance with the law. The aforesaid departments may require said enterprises to provide data for customs declarations.
Article 58 An express enterprise that intends to cease operating express delivery services shall notify such matter to the relevant postal administration department in writing, surrender the permit for providing express delivery services, and properly handle any express mail pending for delivery in accordance with the provisions of the postal administration department under the State Council.
Article 59 The provisions on postal enterprises and their staff members in Articles 6, 21, 22, 24, 25, in the first paragraph of Article 26, in the second paragraph of Article 35, and in Article 36 hereof shall apply to express enterprises and their employees; the provisions on places for handling postal materials in Article 11 shall apply to the places for handling express mail; the provisions on postal materials in the second paragraph of Article 3, the second paragraph of Article 26 and the first paragraph of Article 35 as well as in Articles 36 and 37 shall apply to express mail; the provisions on compensation for losses of postal materials in the second paragraph of Article 45 shall apply to compensation for losses of express mail.
Article 60 The industrial association established in accordance with the law by enterprises engaged in express delivery services shall, in accordance with the law, administrative regulations and its articles of association, formulate an express delivery industry code, strengthen industrial self-discipline, provide services such as information, training, etc., for enterprises, and promote the healthy development of the express delivery industry.
Enterprises engaged in express delivery services shall strengthen the provision of legal education, professional ethics training, and professional training for their employees.
Chapter VII
Supervision and Inspection
Article 61 Postal administration departments may adopt the following supervision and inspection measures when performing their duties of supervision and administration in accordance with the law:
(1) Enter postal enterprises, express enterprises, or other places where suspected activities in violation of this Law have occurred to conduct on-the-spot inspection;
(2) Obtain information from relevant entities and individuals;
(3) Review and make copies of relevant documents, materials and vouchers;
(4) Upon approval by the person responsible for the postal administration department concerned, close down the premises relating to activities in violation of this Law, detain transport vehicles and relevant articles used in such activities, and open and inspect postal materials and express mail, other than letters, suspected of carrying articles forbidden or restricted for posting or delivery.
Article 62 Postal administration departments may, under the requirements for performing their duties of supervision and administration, demand postal enterprises and express enterprises report relevant operation situations.
Article 63 When postal administration departments conduct supervision and inspections, the number of inspectors shall not be less than two, and inspectors shall present law-enforcement documents. With respect to supervision and inspections legally conducted by postal administration departments, relevant entities and individuals shall cooperate, and shall not refuse or obstruct such supervision and inspection. Article 64 Staff members of postal administration departments shall maintain confidentiality about trade secrets they gain access to during supervision and inspection.
Article 65 Postal enterprises and express enterprises shall properly handle customer complaints about service quality in a timely manner. A customer dissatisfied with the handling of his complaint may appeal to a postal administration department which shall promptly deal with the complaint in accordance with the law and give a reply within 30 days from the date of receiving the complaint.
Article 66 Any entity or individual shall be entitled to report on acts in violation of provisions of this Law to the postal administration department. After receiving such reports, the relevant postal administration department shall promptly deal with them in accordance with the law.
Chapter VIII
Legal Liability
Article 67 If a postal enterprise fails to provide universal postal services up to the standards for universal postal services, it shall be ordered to rectify and may be fined not more than RMB 10,000 yuan by the relevant postal administration department; if circumstances are serious, it shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan; and the persons directly in charge and other persons directly responsible shall be given sanctions.
Article 68 If a postal enterprise stops providing or restricts the provision of the universal postal services and special postal services or cancels the postal business premises for providing universal postal services without the approval of the relevant postal administration department, it shall be ordered to rectify and may be fined not more than RMB 20,000 yuan by the postal administration department; if the circumstances are serious, it shall be fined not less than RMB 20,000 yuan but not more than RMB 100,000 yuan; and the persons directly in charge and other persons directly responsible shall be given sanctions.
Article 69 If a postal enterprise is engaged in operating activities other than the transportation and delivery of postal materials by utilizing vehicles and vessels bearing the special postal logo, or permitting other entities or individuals to use such vehicles and vessels by leasing or any other means, it shall be ordered to rectify, its illegal earnings shall be confiscated, and it may concurrently be fined not less than RMB 20,000 yuan, by the relevant postal administration department; if circumstances are serious, it shall be fined not less than RMB 20,000 yuan but not more than RMB 100,000 yuan; and the persons directly in charge and other persons directly responsible shall be given sanctions.
Employees of postal enterprises who use vehicles and vessels with the special postal logo to carry out activities other than the transportation and delivery of postal materials shall be ordered to rectify and have sanctions imposed on them by the postal enterprise.
Article 70 Employees of postal enterprises who intentionally delay the delivery of postal materials shall have sanctions imposed on them by the postal enterprise.
Article 71 Any person, who falsely claims, opens without permission, conceals, destroys, discards or illegally checks the postal materials or express mail of another person, but whose act does not constitute a crime, shall be subject to administrative penalty for public security in accordance with the law.
Article 72 If a party engages in the express delivery business without obtaining in advance a permit for providing express delivery services, or a entity or individual other than a postal enterprise engages in the posting and delivery of letters exclusively operated by the postal enterprise or posting and delivery of official documents of State organs, then they shall be ordered to make rectifications, their illegal earnings confiscated, and concurrently imposed with a fine of not less than RMB 50,000 yuan but not more than RMB 100,000 yuan, by the relevant postal administration department or administration department for industry and commerce; if the circumstances are serious, they shall be fined not less than RMB 100,000 yuan but nor more than RMB 200,000 yuan; and the express enterprise concerned may also be ordered to suspend its business for rectification or its permit be revoked for providing express delivery services.
Anyone who, in violation of the provisions in the second paragraph of Article 51 hereof, provides domestic express delivery services for letters shall be subject to penalty in accordance with the provisions in the preceding paragraph.
Article 73 An express enterprise conducting any of the following acts shall be ordered to rectify by the relevant postal administration department and may be imposed with a fine of not more than RMB 10,000 yuan; if the circumstances are serious, it shall be fined not less than RMB 10,000 yuan but not more than RMB 50,000 yuan and may also be ordered to suspend its business for rectification:
(1) Failing to report to the postal administration department for record on such information as the establishment of a branch, or merger or division of its operations;
(2) Failing to prominently mark envelopes with the word "letter";
(3) Packaging letters and posting and delivering them as parcels; or
(4) Failing to notify the postal administration department in writing or surrendering the permit for providing express delivery services after ceasing express delivery business operations, or failing to properly handle undelivered express mail in accordance with the provisions of the postal administration department under the State Council.
Article 74 A postal enterprise or express enterprise that fails to explicitly display its standards of service rates to customers in accordance with the relevant provisions, or conducts any other act in violation of the laws or regulations governing pricing, shall be imposed with a penalty by the department in charge of pricing of the relevant local government in accordance with the provisions of the Pricing Law of the People's Republic of China.
Article 75 If a postal enterprise or express enterprise fails to establish or implement the examination system with respect to received postal materials or express mail, or accepts postal materials or express mail in violation of laws, administrative regulations or the provisions of the State Council or the relevant departments under the State Council on articles forbidden or restricted for posting or delivery, the person directly in charge of the postal enterprise and other persons directly responsible shall be imposed with sanctions; the express enterprise may be ordered to suspend its business for rectification or have its permit for providing express delivery services revoked by the postal administration department.
Customers who smuggle articles forbidden or restricted for posting or delivery in postal material or express mail, but whose act does not constitute a crime, shall be subject to an administrative penalty for public security in accordance with the law.
Any enterprise or person that commits an illegal act listed in the preceding two paragraphs thereby causing personal injury or loss of property shall bear liability for compensation pursuant to law.
Any postal enterprise or express enterprise that operates international postal and delivery services, or any customer who submits international postal articles for posting, in violation of the Customs Law of the People's Republic of China and other relevant laws and administrative regulations, shall be subject to a penalty in accordance with the relevant laws and administrative regulations.
Article 76 If a postal enterprise or express enterprise provides, in violation of law, customer information on the use of postal or express delivery services, which does not constitute a crime, it shall be ordered to rectify, its illegal earnings shall be confiscated, and a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan shall be concurrently imposed by the relevant postal administration department; the person directly in charge of the postal enterprise and other persons directly responsible shall be imposed with sanctions; the express enterprise may be ordered to suspend its business for rectification or have its permit for providing express delivery services revoked by the postal administration department.
If an employee of a postal enterprise or express enterprise is involved in any illegal act specified in the preceding paragraph, but it does not constitute a crime, they shall be ordered to make rectifications, their illegal earnings shall be confiscated, and a fine of not less than RMB 5,000 yuan but not more than RMB 10,000 yuan shall be concurrently imposed by the relevant postal administration department.
Article 77 If a postal enterprise or express enterprise refuses or obstructs supervision and inspection conducted in accordance with the law, but their behavior does not constitute a crime, it shall be imposed with an administrative penalty for public security in accordance with the law; and the express enterprise concerned may also be ordered to suspend its business for rectification or have its permit for providing express delivery services revoked by the relevant postal administration department.
Article 78 If a postal enterprise or any of its employees, or an express enterprise or any of its employees endangers State security when engaging in operating activities, it or he shall be subject to legal liability in accordance with the law; and the express enterprise shall also have its permit for providing express delivery services revoked by the relevant postal administration department.
Article 79 If any party makes fraudulent use of the name of a postal enterprise or the special postal logo, or produces or resells counterfeit special postal articles, they shall be ordered to rectify, the counterfeit special postal articles and illegal earnings shall be confiscated, and a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan shall be concurrently imposed by the relevant postal administration department.
Article 80 Any party that conducts any of the following acts, but whose act does not constitute a crime, shall have an administrative penalty for public security imposed in accordance with the law:
(1) Stealing, damaging or destroying postal facilities, or obstructing the normal use of postal facilities;
(2) Producing or reselling counterfeit postage certificates;
(3) Disturbing the order of postal business premises or business premises of express enterprises; or
(4) Illegally intercepting, forcibly taking, or seizing vehicles delivering postal material or express mail.
Article 81 Any party, whose permit for providing express delivery services has been revoked due to violation of the provisions of this Law, shall not apply to operate an express delivery business within three years from the date of such revocation.
An express enterprise, whose permit for providing express delivery services has been revoked, shall go through the formalities for change of registration or withdrawal of registration with the administrative department for industry and commerce in accordance with the law.
Article 82 Any violation of the provisions of this Law that constitutes a crime shall be subject to criminal liability in accordance with the law.
Article 83 If a staff member of a postal administration department abuses his/her authority, ignores his/her duty or engages in malpractices for selfish ends, which constitute a crime, such staff member shall be subject to criminal liability in accordance with the law; if a crime is not constituted, such staff member shall be imposed with a sanction in accordance with the law.
Chapter IX
Supplementary Provisions
Article 84 For the purposes of this Law, the following terms shall mean:
"Postal enterprises" shall mean the China Courier Service Corporation and its wholly owned enterprises or holding enterprises that provide postal services.
"Postal and delivery service" shall mean the activities of delivering letters, packages, printing products and other articles to particular individuals or entities in accordance with the names and addresses indicated on the envelopes or packages, including accepting, sorting, transport, delivery, and other processes.
"Express delivery services" shall mean postal and delivery activities accomplished efficiently within the undertaken time limit.
"Postal materials" shall include letters, postal packages, money orders, newspapers, periodicals, and other printed material posted and delivered by postal enterprises.
"Express mail" shall include letters, postal packages, and other printed matter delivered by express enterprises.
"Letters" shall include letters and postcards, the former of which shall mean information carriers that are packed, sealed, and delivered to particular individuals or entities in accordance with the names and addresses indicated on their packing, excluding books, newspapers and periodicals
"Package" shall mean an independently sealed parcel delivered to a particular individual or entity in accordance with the name and address indicated on its packaging, and which does not weigh more than 50 kg, the length of any of its sides does not exceed 150 cm, and its total length, width and height does not exceed 300 cm.
"Ordinary postal materials" shall mean postal materials for which postal enterprises do not issue receipts upon acceptance, and do not request recipients to sign any documentary receipt proving delivery.
"Receipt mail" shall mean postal materials for which postal enterprises issue receipts to senders upon acceptance, and that are signed by recipients on delivery.
"Postal facilities" shall mean postal business premises, places for handling postal materials, pillar-boxes, newspaper and periodical stands, mail boxes, etc.
"Places for handling postal materials" shall mean places specially used by postal enterprises for sorting, sealing and sending, storing, exchanging, transporting, and delivering postal materials.
"International postal articles" shall mean packages and printed matter posted and delivered between customers within the People's Republic of China and customers in foreign countries or regions.
"Special postal articles" shall mean postal date-marks, postage machine, postal business documents, tongs used for lead sealing, postal bags and other special postal containers.
Article 85 With respect to international freight forwarding agencies that engage in international express delivery business in accordance with the relevant provisions of the State prior to the promulgation of this Law, which means the said agencies have obtained the necessary approval of, or filed a record before the department in charge of foreign trade under the State Council and completed the registration formalities with the administrative department for industry and commerce for engaging in the international express delivery business, such agencies shall collect a permit for providing express delivery services from the postal administration department under the State Council by presenting the approval or record-filing documents and business license. The postal administration department under the State Council shall inform the administrative departments for industry and commerce, which handled the registration, of the enterprise's collection of the permit for providing express delivery services.
Excluding the enterprises specified in the preceding paragraph, with respect to enterprises that have been engaged in express delivery business before the promulgation of this Law, if such enterprises do not meet the conditions for operating express delivery services as specified in this Law subsequent to the completion of the registration formalities with the administrative department for industry and commerce, those enterprises shall satisfy the conditions specified herein within the time limit specified by the postal administration department under the State Council; if they fail to meet the conditions within the specified time limit, such enterprises shall not continue operating the express delivery business.
Article 86 Each province, autonomous region, and municipality directly under the central government shall, based on its local and actual situation, formulate specific measures for supporting postal enterprises in providing universal postal services.
Article 87 This Law shall go into effect as of October 1, 2009.