1986年12月2日第六届全国人民代表大会常务委员会第十八次会议通过 2009年4月24日第十一届全国人民代表大会常务委员会第八次会议修订 根据2012年10月26日第十一届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国邮政法〉的决定》第一次修正 根据2015年4月24日第十二届全国人民代表大会常务委员会第十四次会议《关于修改〈中华人民共和国义务教育法〉等五部法律的决定》第二次修正
Postal Law of the People’s Republic of China (Revision 2015)
（1986年12月2日第六届全国人民代表大会常务委员会第十八次会议通过 2009年4月24日第十一届全国人民代表大会常务委员会第八次会议修订 根据2012年10月26日第十一届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国邮政法〉的决定》第一次修正 根据2015年4月24日第十二届全国人民代表大会常务委员会第十四次会议《关于修改〈中华人民共和国义务教育法〉等五部法律的决定》第二次修正）
(Adopted at the 18th session of the Standing Committee of the 6th National People's Congress on December 2, 1986; revised at the 8th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on April 24, 2009; amended for the first time according to the Decision on Revising the Postal Law of the People's Republic of China at the 29th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on October 26, 2012; and amended for the second time at the 14th session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015)
Chapter 1 General Provisions
Article 1 This Law is enacted for the purposes of safeguarding universal postal services, strengthening the supervision and administration of postal markets, maintaining the security of postal correspondence and information, protecting the freedom and privacy of correspondence, protecting the legitimate rights and interests of customers, promoting the healthy development of the postal industry, and meeting social and economic development needs and people's living needs.
Article 2 The State shall guarantee the 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 provisions of the State.
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.
Universal postal services referred to in this Law shall mean provision of continuous postal services for all users in the People's Republic of China in accordance with the scope of services and service standards stipulated by the State at reasonable fee rates.
Article 3 The freedom and privacy of citizens' correspondence are protected by law. No organization or individual may, on any ground, infringe upon citizens' freedom and privacy of correspondence, except in cases where, to meet the needs of State security or of criminal investigation, public security, State security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.
Unless otherwise provided by law, no organization or individual may inspect or withhold mail or remittances.
Article 4 The postal administrative department of the State Council shall be responsible for supervision and administration of general postal services and postal markets nationwide.
The postal administrative departments of provinces, autonomous regions and centrally-administered municipalities shall be responsible for supervision and administration of general postal services and postal markets within their administrative region.
The postal administrative departments below the provincial level established pursuant to the provisions of the State Council shall be responsible for supervision and administration of general postal services and postal markets within their jurisdiction.
The postal administrative department of the State Council, the postal administrative authorities of provinces, autonomous regions and centrally-administered municipalities and the postal administrative authorities of provincial level and below (hereinafter referred to collectively as the "postal administrative authorities") shall comply with the principles of transparency, fairness, equitableness, encouraging competition and promoting development in supervision and administration of the postal market.
Article 5 Correspondence delivery services within the scope specified by the State Council shall be operated exclusively by postal enterprises.
Article 6 Postal enterprises shall strengthen service quality management and improve security measures to provide customers with fast, accurate, safe and convenient services.
Article 7 Postal administrative departments, public security organs, national security organs and customs shall cooperate with each other, establish and improve a security protection mechanism, strengthen the supervision and administration of the security of postal correspondence and information, and ensure the security of postal correspondence and information.
Chapter 2 Postal Facilities
Article 8 The layout and construction of postal facilities shall meet the needs for ensuring the universal postal services.
Local people's governments at all levels shall include the layout and construction of postal facilities in their urban and rural planning, support the construction of postal facilities for providing universal postal services, and focus on the construction of postal facilities in remote 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 supporting 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 that provide universal postal services shall be set up in larger stations, airports, ports, institutions of higher learning, and hotels.
Any postal enterprise that seeks to set up or close a post office shall notify the Postal Administrative Department in writing in advance; any proposal to close down a post office that provides universal postal services shall be subject to the approval of the Postal Administrative Department and an announcement thereby.
Article 10 State organs, enterprises and public institutions shall establish places for receiving correspondence. Village postal stations or other places to receive mails shall be gradually set up in rural areas.
Mailboxes shall be installed in the construction of urban residential buildings and be checked and accepted in accordance with the standards prescribed by the State. Where the construction unit fails to set up a letterbox in accordance with the standards specified by the State, the Postal Administrative Department shall order it to make corrections within a time limit; where it fails to make corrections within such time limit, the Postal Administrative Department shall designate another unit to set up the letterbox and the construction unit of the residential building concerned shall bear the expenses as required.
Article 11 Mail processing centers shall be designed and constructed in a manner that meets the requirements of national security organs and customs authorities regarding legal performance of their responsibilities.
Article 12 Where a post office or mail processing center is requisitioned, the competent urban and rural planning authority shall properly arrange the re-establishment of the post office or mail processing center according to the requirements for guaranteeing universal postal services; no requisition shall proceed until such proper arrangement is made.
Prior to the re-establishment of post offices or mail processing centers, postal enterprises shall take measures to guarantee the normal provision of universal postal services.
Article 13 Postal enterprises shall regularly maintain the postal facilities they set up to guarantee the normal operation of such postal facilities.
No entity or individual may damage postal facilities or affect the normal use of such postal facilities.
Chapter 3 Postal Services
Article 14 Postal enterprises operate the following businesses:
1. mail delivery;
2. postal remittances and savings;
(III) issuing stamps and producing and selling philatelic products;
(IV) distribution of domestic newspapers and periodicals, books and other publications;
(V) other business prescribed by the State.
Article 15 Postal enterprises shall provide universal postal services for the delivery of correspondence, printed matters not heavier than five kilograms, parcels not heavier than ten kilograms, and postal remittances.
Postal enterprises shall, according to state provisions, provide special services such as delivery of confidential correspondence, distribution of state-specified newspapers and periodicals and free delivery of ordinary correspondence of drafted servicemen, Braille reading materials and relics of the deceased revolutionary martyrs.
No postal enterprise may cease or restrict the provision of services specified in the preceding two paragraphs without the approval of the Postal Administrative Department; where any such service is ceased or restricted due to force majeure or any other special reason, the postal enterprise shall make a timely announcement, take corresponding remedial measures, and report the same to the Postal Administrative Department.
The standards for 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 universal postal services shall be formulated by the postal administrative department of the State Council.
Article 16 The State shall subsidise the postal enterprises which provide universal postal services and special services, and strengthen the supervision over the appropriation of subsidies.
Article 17 The State shall establish a universal postal services fund. The specific measures for the collection, 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 implementation upon approval of the State Council.
Article 18 Postal enterprises shall operate universal postal services and competitive postal services separately.
Article 19 Postal enterprises in cities shall have no less than six business days a week and deliver mail at least once a day; postal enterprises in the places where the people's governments of villages and towns are located shall no less than five days a week and deliver mail at least five times a week.
The postal administrative department under the State Council may formulate separate provisions on the business hours and frequency of delivery of postal enterprises in remote areas with poor traffic conditions and other areas of villages and towns.
Article 20 Postal enterprises shall deliver mail according to delivery time limits and service standards specified by the postal administrative department under the State Council.
Article 21 Postal enterprises shall publicize, or otherwise announce, at their places of business the types of services they provide, their business hours, postage rates, inquiry about mail and remittances and measures for compensation for lost mail and remittances, and arrangements for customer complaints about the quality of their services.
Article 22 Where postal enterprises use standard clauses that they provide to define the rights and obligations between them and customers, such standard clauses shall be subject to the provisions of the Contract Law of the People's Republic of China regarding standard clauses of contracts.
Article 23 When sending mails, customers shall clearly and accurately fill in the names, addresses and postal codes of the recipients. Postal enterprises shall provide free postal code inquiry services for customers at their post offices.
Postal codes are prepared by the postal enterprises in accordance with the coding rules formulated by the administrative department of postal services under the State Council. Postal administrative departments shall supervise the coding and use of postal codes according to law.
Article 24 Postal enterprises as well as customers 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 articles the delivery of which is prohibited or restricted.
Article 25 Postal enterprises shall legally establish a system for examining the mail received for delivery and implement the system.
For correspondence sent by customers, postal enterprises may require customers to open the same for examination when necessary, provided that they may not examine the contents of such correspondence. Where customers refuse to open such correspondence, postal enterprises may refuse to receive and deliver such correspondence.
For any mail other than correspondence, postal enterprises shall examine the inside of such mail when receiving it. Where customers refuse to open such mail, postal enterprises may refuse to receive and deliver it.
Article 26 Where a postal enterprise discovers that mail includes any article the delivery of which is prohibited or restricted, it shall handle the same in accordance with the relevant provisions of the State.
Where inbound or outbound mail includes any article the entry or exit of which is prohibited or restricted by the State, it shall be handled by the customs according to law.
Article 27 With regard to mail consigned by postal enterprises that provide universal postal services, rail, road, waterway and air transport enterprises shall give priority in arranging for the transport of such mail, and stations, ports and airports shall arrange for the loading and unloading places and access for such mail.
Article 28 When entering or leaving ports or crossing ferries, vehicles and vessels with special purpose postal marks shall be given priority release.
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 vessel bearing an exclusive postal mark for business operation other than mail delivery or permit any other entity or individual to use any vehicle or vessel bearing an exclusive postal mark by lease or in any other manner.
Article 29 When transported by sea, postal materials shall not be included in arrangements for sharing common sea losses.
Article 30 The customs shall, in accordance with the Customs Law of the People's Republic of China, exercise supervision and control over international postal parcels, postal containers and international postal articles entering or leaving the territory.
Article 31 Inbound and outbound mail shall be quarantined by inbound and outbound inspection and quarantine agencies according to law.
Article 32 Postal enterprises shall deliver mail by address, customer collection or other means as agreed with customers.
State organs, enterprises, public institutions and residential area management entities shall facilitate the delivery of mail by postal enterprises. Any entity that changes its address shall notify the postal enterprise concerned of the same without delay.
Article 33 Postal enterprises shall return mail that is impossible to deliver to the senders.
For undeliverable and unreturnable correspondence, where there is no one to collect such correspondence after six months from the date on which the postal enterprise determines it as unreturnable, the postal enterprise shall destroy such correspondence under the supervision of the postal administrative authorities. Other undeliverable and unreturnable mail shall be handled in accordance with the regulations of the postal administrative department under the State Council. Inbound international postal articles that are undeliverable and unreturnable shall be handled by the customs in accordance with the Customs Law of the People's Republic of China.
Article 34 The remittee of a postal remittance shall cash such remittance from a postal enterprise on the strength of a valid identity certificate within 60 days of receiving a remittance notice.
Where the remittee fails to cash the remittance within the time limit, the postal enterprise shall return such remittance to the remitter. Where it is impossible to return the remittance to the remitter within one year of the date on which the time limit for cashing the remittance expires or the remitter fails to collect the remittance within one year of receiving the notice of the remittance being returned, the postal enterprise shall turn over the remittance to the State.
Article 35 No entity or individual may open, hide, destroy or discard another person's mail without permission.
Unless otherwise provided by law, postal enterprises and their personnel shall not disclose customer information used for providing postal services to any entity or individual.
Article 36 For the purpose of national security or criminal investigation, public security organs, national security organs or procuratorial organs may legally examine or detain relevant mail, and may also require postal enterprises to provide relevant information on customers' use of postal services. Postal enterprises and the relevant entities shall cooperate with such requests and keep the relevant information confidential.
Article 37 No entity or individual may use mail to deliver articles containing the following contents:
1. inciting subversion of the State regime, the overthrow of the socialist system, the splitting of the State or undermining of the unity of the State, or endangering State security;
2. Divulging any state secret;
(III) disseminating rumors to disturb social order or undermine social stability;
(IV) Those that instigate hostility or discrimination among different nationalities, or disrupt the national solidarity;
(V) that which propagates evil cults or superstition;
(VI) disseminating obscene, gambling or terrorist information or instigating others to commit crimes;
(VII) other contents prohibited by laws and administrative regulations.
Article 38 No entity or individual may:
1. disturbing the normal order of post offices;
(II) obstructing the staff of postal enterprises from delivering mail; and
(III) illegally intercepting, forcibly boarding, or climbing aboard vehicles with special purpose postal marks;
(IV) falsely acting in the name of a postal enterprise or falsely using special purpose postal marks;
(V) to forge special postal articles or buy in forged special postal articles and sell them at a profit.
Chapter 4 Postal Charges
Article 39 The scope of postal services implementing government- guided prices or government-determined prices shall be based on the list of prices of the Central Government, and specific fee rates shall be formulated by the pricing department of the State Council jointly with the finance department and postal department of the State Council.
The charges for other services of postal enterprises shall be subject to the market adjustment, and the charge rates shall be determined independently by postal enterprises.
Article 40 Formulation of postal service fee rates by the relevant departments of the State Council shall take into consideration the opinions of postal enterprises, customers and other relevant parties.
Postal enterprises shall provide accurate and complete business cost data and other relevant materials in accordance with the requirements of the competent price department under the State Council, the finance department under the State Council and the postal administrative department under the State Council.
Article 41 The payment of postage shall be evidenced by postage certificates, postmarks showing postage paid and relevant business documents, etc.
Postage certificates include stamps, imprints, imprinted envelops, postal cards, stamped letter sheets, stamped letter cards, etc.
No entity or individual may forge postage vouchers, resell forged postage vouchers, or copy stamps or postage patterns without authorization.
Article 42 The quantity of regular stamps issued shall be determined by postal enterprises based on market needs and shall be filed with the postal administrative department under the State Council for the record; plans to issue commemorative stamps and special stamps shall be proposed by postal enterprises according to market needs and shall be filed with the postal administrative department under the State Council for approval. The postal administrative department under the State Council is responsible for selecting the subjects and examining the patterns of commemorative stamps.
The postal administration shall supervise the printing and sale of stamps according to law.
Article 43 After a postage certificate is sold, the holder of the postage certificate shall not require the postal enterprise to exchange it for cash.
The cessation of use of a postage certificate 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 postage certificate shall cease. The holders of such postage certificates may, within one year from the date of the announcement, exchange them for other equivalent postage certificates at postal enterprises.
Article 44 The following postage certificates shall not be used:
1. those for which the cessation of use has been approved by the postal administrative department under the State Council;
2. those that have been postmarked or cancelled; and
(III) Those that are illegible due to being stained, incomplete, or discolored.
Postage patterns cut from stamped envelopes, stamped postcards, stamped letter sheets and stamped letters and cards may not be used as postage vouchers.
Chapter 5 Damages
Article 45 This Chapter shall apply to compensation for the loss of mail and 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.
The term "loss of mail" refers to the loss, damage or destruction of mail, or the missing of the contents of mail.
Article 46 Postal enterprises shall not be liable for the loss of regular mail. However, normal mail losses caused by intentional misconduct or gross negligence of postal enterprises shall be excluded.
Article 47 Postal enterprises shall pay compensation for the loss of certified mail in accordance with the following provisions:
(I) Where insured certified mail is lost or completely damaged or destroyed, compensation shall be made according to the insurance coverage. Where such mail is partially damaged or destroyed or the contents of mail are missing, compensation shall be made according to the ratio between the insurance coverage and the total value of the mail in question.
(II) For uninsured certified mail that is lost, damaged or destroyed or the contents of which are missing, compensation shall be made based on the actual loss suffered, provided that the maximum amount of compensation shall not exceed three times the value of the postal charges received; for registered mail that is lost or damaged, compensation equivalent to three times the value of the postal charges received shall be made.
Postal enterprises shall, in public notices displayed at their places of business or on mail receipts provided to customers, state the provisions of the preceding paragraph in a manner that adequately attracts the attention of customers.
Where the loss of receipt mail is caused by the deliberate conduct or gross negligence of the postal enterprise or the postal enterprise fails to perform its obligations as provided in the preceding paragraph, the postal enterprise shall have no right to invoke Paragraph 1 of this Article to limit compensation liability.
Article 48 A postal enterprise shall not be liable for compensation for the loss of certified mail due to any of the following reasons:
(1) Force Majeure, other than a loss of insured certified mail caused by Force Majeure;
2. Natural properties or reasonable wear and tear of the posted articles themselves;
(III) 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 strength of the receipt within one year from the date of sending; for an international mail, the term shall be 180 days.
Where a customer inquires about international mail or mail sent to an outlying area specified by the postal administrative department of the State Council, a postal enterprise shall notify the customer of the result of the inquiry within 60 days of the date on which the customer inquires; where a customer inquires about other mail, a postal enterprise shall notify the customer of the result of the inquiry within 30 days of the date on which the customer inquires. If the mail cannot be located when the inquiry time limit expires, the postal enterprise shall pay compensation for the loss of mail in accordance with the provisions of Article 47 hereof.
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 The remitter of a postal remittance may, within one year of the date of remittance, track the remittance at the postal enterprise on the strength of the receipt. The postal enterprise shall notify the remitter about the result of the inquiry within 20 days of the date on which the customer inquires. Where no remittance has been located when the inquiry time limit expires, the postal enterprise shall return the remittance and the associated fee to the remitter.
Chapter 6 Express Delivery Services
Article 51 Operators of express delivery services shall obtain a business permit for express delivery services in accordance with this Law; no entity or individual may engage in express delivery services without such a permit.
Foreign investors may not invest in or operate domestic express delivery services.
The term "domestic express delivery services" refers to express delivery services in which the entire process from acceptance to delivery occurs within the territory of the People's Republic of China.
Article 52 Any enterprise that applies for a business permit for express delivery services shall:
1. It shall be an enterprise legal person;
(II) If the applicant tends to operate courier services within a single province, autonomous region or municipality directly under the Central Government, its registered capital shall not be less than CNY500,000; if the applicant tends to operate courier services in more than one province, autonomous region or municipality directly under the Central Government, its registered capital shall not be less than CNY1 million. If the applicant tends to operate international courier services, its registered capital shall not be less than CNY2 million;
(III) the applicant shall be capable of providing services in the regions applied for;
(IV) it has a strict service quality control system and sound business operating standards;
(V) It has a sound security protection system and measures; and
(VI) Other conditions prescribed 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 centrally-administered municipalities, an applicant shall file an application with the postal administrative department of the province, autonomous region or centrally-administered municipalities where it is located; to apply for an express delivery business permit for providing the express delivery service across provinces, autonomous regions or centrally-administered municipalities 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 that accepts an application shall examine the application within 45 days after accepting the application and make a decision of approval or disapproval. Where the application is approved, a business permit for courier services shall be issued; where the application is not approved, a written notice shall be sent to the applicant to explain the reasons.
Postal Departments shall, when reviewing the applications for business licensing of courier services, take into account such factors as security of the State and consult relevant departments.
An applicant may operate express delivery service only after it has legally registered with the industrial and commercial administrative authority on the strength of the business permit for express delivery service.
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 branches, mergers or divisions to the Postal Administrative Department for the record.
Article 55 Courier companies shall not engage in letter delivery business which are exclusively run by postal enterprises, and shall not deliver the official documents of state organs.
Article 56 Express delivery enterprises providing the correspondence delivery service beyond 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 that operate international express delivery services shall be subject to the lawful supervision of the Postal Administrative Departments and relevant departments. The Postal Administrative Departments and relevant departments may require enterprises that operate international express delivery services to provide customs declaration data.
Article 58 Any express delivery enterprise that ceases operating express delivery services shall notify the Postal Administrative Department in writing, return its business permit for express delivery services, and properly handle the express mail that has not been delivered in accordance with the provisions of the postal administrative department under 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 provisions 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 provisions 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 industry association legally established by enterprises that engage in the express delivery business shall formulate the standards for express delivery industry in accordance with the laws, administrative regulations and their articles of association, strengthen the industry self-discipline, provide enterprises with the services in information and training and promote the healthy development of the express delivery industry.
Enterprises that operate express delivery services shall strengthen legal education, professional ethics education, and business skills training for their employees.
Chapter 7 Supervision and Inspection
Article 61 Postal administrative departments may take the following supervision and inspection measures in the course of legally performing their supervision and administration duties and responsibilities:
1. entering postal enterprises, courier companies or other places where suspected violations of this Law have occurred to conduct on-site inspections;
(II) Obtaining information from relevant entities and individuals;
(III) consulting and copying relevant documents, materials or vouchers;
(IV) subject to the approval of the person in charge of the administrative department of postal services, sealing up places related to activities in violation of this Law, detaining vehicles used in activities in violation of this Law and related articles, or unsealing or unpacking mail or express mail other than correspondence which is suspected of including articles the delivery of which is prohibited or restricted for inspection.
Article 62 The Postal Administrative Departments may, where necessary to the performance of their supervisory and administrative responsibilities and duties, require postal enterprises and express delivery enterprises to make reports on their operating circumstances as relevant.
Article 63 When conducting supervision and inspection, a postal administrative department shall assign at least two functionaries, who shall show their law enforcement certificates. Relevant entities and individuals shall cooperate with and may not refuse or obstruct the supervision and inspection legally conducted by the Postal Administrative Departments.
Article 64 The staff of an administrative department of postal services shall keep the trade secrets of which they become aware in the course of supervision and inspection confidential.
Article 65 Postal enterprises and courier companies shall handle customers' objections to service quality in a timely and proper manner. Any customer who is dissatisfied with the handling of a compliant may appeal to the Postal Administrative Department, and the Postal Administrative Department shall handle the same according to law and reply within thirty days of the date of receipt of the appeal.
Article 66 Any entity or individual has the right to report any violation of this Law to the Postal Administrative Department. Upon receipt of a report, the postal administrative authorities shall promptly handle pursuant to the law.
Chapter 8 Legal Liabilities
Article 67 Where universal postal services provided by a postal enterprise do not meet the universal postal service standards, the Postal Administrative Department shall order it to make corrections and may impose a fine of no more than CNY10,000 thereon; for a serious circumstance, a fine of between CNY10,000 and CNY50,000 may be imposed thereon; the in-charge persons bearing direct responsibility and other persons subject to direct liability shall be subject to sanctions.
Article 68 Where a postal enterprise, without the approval of the Postal Administrative Department, ceases or restricts its handling of universal postal services or special postal services or winds up its post office (s) used to provide universal postal services, the Postal Administrative Department shall order it to make corrections and may impose a fine of no more than CNY20,000 on the enterprise; for a serious circumstance, a fine of between CNY20,000 and CNY100 ,000 may be imposed on the enterprise; the in-charge persons bearing direct responsibility and other persons subject to direct liability shall be subject to sanctions.
Article 69 Where a postal enterprise uses any vehicle or ship bearing an exclusive postal mark for business operation other than mail delivery, or allows any other entity or individual to use any vehicle or ship bearing an exclusive postal mark by lease or otherwise, the administrative department of postal services shall order it to make corrections, confiscate the illegal gains, and may impose a fine of not more than CNY20,000 on the enterprise; for a serious circumstance, a fine of not less than CNY20,000 but not more than CNY100 ,000 may be imposed on the enterprise; and impose sanctions on the directly liable person in charge and other directly liable persons.
Where an employee of a postal enterprise uses a vehicle or vessel with special purpose postal marks to carry out business activities other than the transportation and delivery of mail, the postal enterprise shall order him/her to make corrections and impose a sanction on the employee.
Article 70 Where an employee of a postal enterprise intentionally delays the delivery of mail, the postal enterprise shall impose a sanction on the employee.
Article 71 Where anyone falsely claims, unseals without permission, hides, destroys or illegally inspects the mail or express mail of any other person, which does not constitute a crime, he/she shall be subject to a public security administration punishment legally.
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; for a serious case, a fine of RMB 100,000 up to RMB 200,000 shall be imposed on it/him; for an express delivery enterprise, it/he may also be ordered to stop business for rectification or even have its express delivery business permit revoked.
Where domestic express delivery services for correspondence are operated in violation of the provisions of Paragraph 2 of Article 51 of this Law, a penalty shall be imposed 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 corrections and may impose a fine of no more than CNY10,000 thereon; for a serious circumstance, shall impose a fine of no less than CNY10,000 but no more than CNY50,000 thereon and may order it to suspend business for rectification:
1. establishing branches or being subject to merger or division without filing with the Postal Administrative Department for the record;
(II) failing to mark the words "correspondence" in a conspicuous position of the correspondence envelope or packaging;
(III) Packing and delivering letters as parcels;
(IV) where the enterprise ceases operating express delivery business, but fails to notify the Postal Administrative Department in writing of such cease and to return its business permit for express delivery, or fails to, in accordance with the provisions of the postal administrative department under the State Council, properly handle the express mail that has not been delivered.
Article 74 Where postal enterprises and courier companies fail to make service charge standards known to customers as required, or commit other price violations, the competent price departments of the government shall impose a penalty in accordance with the provisions of the Pricing Law of the People's Republic of China.
Article 75 Where a postal enterprise or express delivery enterprise fails to establish 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 mail or express mail sent by a customer includes an item the delivery of which is prohibited or restricted, which does not constitute a crime, he/she shall be subject to a public security administrative penalty legally.
Whoever commits the violations as prescribed in the preceding two paragraphs which cause personal injuries or property losses shall be liable for compensation in accordance with the law.
Postal enterprises and courier companies which provide international postal delivery services, as well as postal articles sent by customers, and violate the Customs Law of the People's Republic of China and other relevant laws and administrative regulations shall be punished in line with the provisions of relevant laws and administrative regulations.
Article 76 Postal administration departments shall order postal enterprises and courier companies which provide information about customers' use of postal or courier services to make corrections, confiscate illegal gains, impose a fine of CNY10,000 to CNY50,000, and impose sanctions on the in-charge persons bearing direct responsibility and other persons subject to direct liability of such postal enterprises; for postal enterprises, Postal administration departments may also order them to suspend operation for rectification until cancelling their business permits for courier services.
Where an employee of a postal enterprise or express delivery enterprise commits any violation described in the preceding paragraph, which does not constitute a crime, the Postal Administrative Department shall order the employee to make corrections, confiscate all illegal income derived, and impose a fine of between CNY5,000 and CNY10,000 thereon.
Article 77 Where a postal enterprise or express delivery enterprise refuses or impedes the supervision and inspection legally conducted, which does not constitute a crime, it shall be subject to a public security administrative penalty legally; for the express delivery enterprise, the Postal Administrative Department may also order it to suspend business for rectification until canceling its business permit for express delivery services.
Article 78 Where a postal enterprise or express delivery enterprise or any staff member thereof commits any act endangering the state security in the course of its business activities, it/he shall be subject to 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 or 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 administrative department of postal services shall order it/him to make corrections, 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 a person commits any of the following acts, which does not constitute a crime, he shall be given an administrative penalty for public security according to law:
1. stealing or damaging postal facilities or affecting the normal operation of such facilities;
2. forging postage vouchers or speculatively reselling forged postage vouchers;
(III) disturbing the normal order of post offices or the business premises of courier companies;
(IV) illegally intercepting, forcibly boarding, or climbing aboard a vehicle used for transporting mail or express mail.
Article 81 Where the business permit for express delivery services of an express delivery enterprise is revoked due to a violation of this Law, such enterprise may not apply for operating express delivery services within three years of the date of such revocation.
Where an express delivery enterprise's express delivery business permit is revoked, it shall go through the formalities for the change of registration or cancellation of registration with the industrial and commercial administrative authority in accordance with the law.
Article 82 Where a violation of the provisions of this Law constitutes a criminal offence, criminal liability shall be imposed according to the law.
Article 83 Where any staff member of an administrative department of postal services abuses his/her power, neglects his/her duties, or commits illegalities for personal gains or by fraudulent means in the course of supervision and administration, which constitutes a crime, he/she shall be prosecuted for criminal liability in accordance with the law; if no crime is constituted, he/she shall be punished in accordance with the law.
Chapter 9 Supplementary Provisions
Article 84 Terms used in this Law are defined as follows:
Postal enterprises shall refer to China Post Group and its wholly-owned enterprises and holding enterprises that provide postal services.
Postal Delivery "shall refer to the delivery of any article such as correspondence, package or printed material to the addressed individual or organization according to the name and address on the envelope or package, including such links as acceptance, sorting, transportation and delivery.
Express delivery refers to the activity of rapid delivery within a promised time limit.
The term "mail" refers to letters, parcels, remittance notices, newspapers, periodicals and other printed materials, etc., which are delivered by postal enterprises.
"Express mail" refers to letters, parcels or printed materials delivered by express delivery enterprises.
The term "correspondence" refers to letters or postcards. The term "letter" refers to a sealed information carrier delivered in an envelope to a specific individual or entity according to the name and address indicated thereon, excluding books, newspapers and periodicals.
Parcels shall mean the 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.
The term "regular mail" refers to mail for which no receipt is required upon acceptance by the postal enterprise and for which the recipient's signature is not required upon delivery.
The term "certified mail" refers to mail for which a receipt is issued by the postal enterprise to the sender upon receipt and for which the recipient's signature is required upon delivery.
Postal facilities shall mean post offices, mail processing centers, postboxes, postal newspaper and periodical stands, letter boxes, etc. that are used for the provision of postal services.
The term "mail processing center" refers to a place exclusively used by a postal enterprise for the sorting, sealing for delivery, storage, exchange, transport and delivery of mail and other activities.
The term "international postal articles" refers to parcels, printed materials or other articles delivered from a customer within the territory of the People's Republic of China to a customer in another country or region.
The term "articles exclusively used for postal services" refers to postal date-marks, postage meters, postal service documents, postal tongs, postal bags 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 department of foreign trade under the State Council and registration with the administrative department for industry and commerce according to law before the promulgation of this Law shall obtain an express delivery business permit from the postal administrative department under the State Council with the approval or filing document and its business license. The postal administrative department under the State Council shall report the collection of an express delivery business permit by an enterprise to the industrial and commercial administrative department where the enterprise was originally registered.
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 be effective 1 October 2009.