Article 1 of the Measures for Handling Consumer Complaints in the Postal Industry In order to safeguard the legitimate rights and interests of consumers in the postal industry, handle consumer complaints fairly and in accordance with the law, and promote the improvement of service quality in the postal industry, in accordance with the "People's Congress of the People's Republic of China and the National Postal Law" and other relevant laws and regulations, these Measures are formulated.
Article 2: Consumers shall file complaints against the service quality of postal enterprises and express delivery enterprises in accordance with the provisions of Article 65 of the Postal Law of the People's Republic of China and the Postal Industry Consumer Complaint Center. Complaints will be handled in accordance with these procedures.
Article 3 Complaint handling should be based on facts, based on law, and adhere to the principles of legality, fairness and reasonableness.
Article 4 The Postal Industry Consumer Complaints Center implements a mediation system for consumer complaints.
Article 5 The Postal Industry Consumer Complaints Center and its personnel have the obligation to keep confidential the state secrets and commercial secrets learned during the performance of their duties. Article 6 The dedicated hotline for consumer complaints in the postal industry is “12305” (provincial capital area code -12305). Consumers can make complaints by phone or on the websites of the State Post Bureau and the postal bureaus of provinces, autonomous regions and municipalities directly under the Central Government. They can also make complaints through WeChat, letters or faxes.
The method for consumers to lodge complaints with the municipal (prefecture) postal administration shall be determined by the postal administration of each province, autonomous region, or municipality directly under the Central Government based on the actual situation.
Article 7 During the working hours for accepting consumer complaints, the Postal Industry Consumer Complaints Center shall have dedicated personnel on duty at the “12305” complaint hotline to ensure that consumer complaint channels are open.
Postal management departments at all levels should publicize the working hours for accepting consumer complaints on their own portal websites. If the "12305" complaint hotline is suspended for any reason, the reason for the suspension, the suspension time and emergency measures should also be announced.
Article 8 Consumer Complaint Acceptance Scope:
(1) Postal business service quality issues operated by postal enterprises, specifically including: mail (letters, packages, printed matter) delivery, newspapers and periodicals Subscription, retail, delivery, postal remittance, booking and sales of philatelic stamps, and other businesses handled through the postal network (excluding postal savings);
(2) Express delivery service quality issues of enterprises operating express delivery services .
Article 9 Consumer complaints shall meet the following conditions:
(1) The complaint matter falls within the scope of consumer complaint acceptance stipulated in Article 8 of these Measures;
(2) The complainant is a party with a direct interest in the complaint (the sender or recipient and the sender or recipient’s principal);
(3) There is a clear The respondent and the specific factual basis;
(4) The complaint has not been answered within 7 days after the complaint was made to the postal enterprise or express delivery enterprise, or the enterprise is not satisfied with the handling and response, or the postal enterprise or express delivery enterprise complained Channels are not open, and complaints are not accepted;
(5) No complaints have been made to the postal management department on the same matter, or there are new contents in matters that have been complained;
( 6) The matter of appeal occurred within one year from the date of service dispute with postal enterprises or express delivery companies or the date of delivery of mail or express mail;
(7) The matter of appeal has not been accepted by the people's court or arbitration institution or deal with.
Article 10 The postal industry consumer complaint center shall accept consumer complaints in a timely manner. Consumers who appeal by phone should answer the call in a timely manner and inform the complainant of the handling process and time limit. Consumer complaints via the Internet, letters, or faxes should be processed within two working days.
For appeals that do not meet the appeal conditions, the complainant shall be informed of the reasons for not accepting the appeal. For appeals that meet the appeal conditions, after acceptance, the content of the appeal shall be transferred to the respondent enterprise or relevant departments for processing in a timely manner. Complaints accepted online will be forwarded and the complainant will be notified of the complaint acceptance status and processing time limit. For appeals accepted by letter, fax, etc., the complainant will be notified of the acceptance status within seven working days.
Article 11 Complaints accepted by the Postal Industry Consumer Complaints Center of the State Post Bureau shall be transferred to the Postal Industry Consumer Complaints Center of the Postal Administration of the relevant provinces, autonomous regions, and municipalities directly under the Central Government for handling in accordance with the principle of territorial management.
Article 12 The postal industry consumer complaint center shall transfer consumers’ reports, praises, criticisms, suggestions and other related issues to the relevant departments for processing within two working days. Article 13 The main basis for the postal industry consumer complaint center to handle consumer complaints includes:
(1) "Postal Law of the People's Republic of China" and "Contract Law of the People's Republic of China" "The Law of the People's Republic of China on the Protection of Consumer Rights and Interests" and other laws, regulations and rules related to the postal industry;
(2) National standards and industry standards for the postal industry;
(3) Normative documents of the postal management department;
(4) Written contracts signed between consumers and enterprises (email details, express waybills);
(5) Enterprises’ external relations Relevant commitments announced.
Article 14 After receiving a complaint transferred by the Postal Industry Consumer Complaint Center, the enterprise being complained against shall properly handle it according to the following circumstances:
(1) Confirmation that the enterprise is responsible If the company makes a complaint, it shall compensate the consumer for losses or apologize to the consumer in accordance with the law;
(2) If the company should compensate the sender when handling the recipient's complaint involving compensation issues, the company shall be responsible for contacting the sender Complaints shall be settled in accordance with regulations;
(3) For appeals that confirm that the enterprise is not responsible, the reasons why the enterprise is not responsible shall be communicated and explained to the complainant;
(4) Internal and external relations between the enterprise and the enterprise The division of responsibilities among enterprises shall be handled by the enterprises themselves, and shall not pass the buck and shall not affect the resolution of consumer demands.
Article 15 The enterprise being complained against shall, in accordance with the following requirements, respond to the postal industry consumer complaint center with the handling results within fifteen days from the date of receipt of the transferred appeal:
(1) The content of the reply should include the investigation results, corporate responsibility, the handling opinions reached with the complainant, the amount of compensation or explanation and apology, and whether the complainant is satisfied with the handling opinions;
(2) ) After investigation, if it is believed that there is no need to bear responsibility for the content of the complaint, it should explain the details and reasons for no liability when replying, and provide relevant evidence such as waybills, call recordings, videos, etc.;
(3) Consumption If a consumer raises multiple demands in the same complaint, the company shall respond to the handling situation one by one;
(4) If the content of the consumer complaint involves the company's new business, the company shall provide the legal basis or complete legal basis for the new business. Processing rules.
If the company fails to respond directly to the content of the complaint, or fails to provide evidence of non-responsibility as required, it will be deemed that the company agrees with the content of the complaint; if the company fails to respond to the multiple demands raised by consumers one by one, the company will be held responsible for the company's failure to respond to the complaint. The reply part shall be deemed that the enterprise agrees with the content of the complaint.
If the enterprise has not completed the handling within fifteen days after receiving the transferred complaint, it shall reply to the Postal Industry Consumer Complaint Center that transferred the complaint one day before the expiration date regarding the progress of the handling and the results of the negotiation with the complainant. If the reply is delayed, the processing result shall be replied within five days after the expiration date.
Article 16 National network-based enterprises shall establish an internal coordination and handling mechanism. If a local enterprise cannot determine the responsible unit for complaints, the local enterprise shall transfer them to the enterprise headquarters or enterprises in relevant regions for handling. After the internal processing of the enterprise is completed, it shall be handled by The enterprise that receives the transferred complaint for the first time will reply to the Postal Industry Consumer Complaint Center with the processing results.
Article 17: After receiving the enterprise’s response to the complaint handling results, the Postal Industry Consumer Complaint Center shall return to the consumer within three working days to verify the enterprise’s handling of the complaint and consult with the consumer about the complaint handling. Are you satisfied?
Article 18 When the Postal Industry Consumer Complaint Center returns to visit the complainant, if the complainant raises new complaint content, it will be transferred to the enterprise for processing as a new complaint.
Article 19: After the postal industry consumer complaint center returns to visit the consumer, if the following conditions are met, the case can be closed:
(1) The enterprise’s handling is in compliance with the agreement of both parties Or relevant regulations;
(2) The company’s reply is consistent with the actual handling of consumers who return visits;
(3) The company’s responsible unit is clear.
When returning to consumers, if the initial contact is fruitless, they should contact them again after four hours. If they still cannot be contacted, the case can be closed.
Article 20: If the Postal Industry Consumer Complaint Center returns to a consumer or conducts an investigation and finds that one of the following circumstances occurs, the enterprise shall be required to re-process and re-answer the processing results within five days:
(1) The company’s handling does not comply with the agreement between the parties or relevant regulations;
(2) The consumer reports that the company’s actual handling is inconsistent with the company’s response;
(3) The company has not determined the responsible unit or is passing the buck between each other.
Article 21: After receiving another reply from the enterprise, the Postal Industry Consumer Complaint Center shall visit the consumer again to verify the situation and then close the case.
Article 22 If the same complaint is handled by the transferred enterprise three times but still does not meet the conditions for case closure, it will no longer be transferred. The Postal Industry Consumer Complaints Center will close the case based on the content of the complaint.
Article 23 The postal industry consumer complaint center shall respond to consumers within thirty days from the date of receipt of consumer complaints.
Article 24 If an enterprise has any objection to the complaint handling result of the Postal Industry Consumer Complaint Center, it shall lodge a complaint with the Postal Industry Consumer Complaint Center to which the complaint is transferred within five days from the date of settlement of the complaint. If the enterprise fails to raise the objection within the specified time, it will be deemed that the enterprise has no objection. Article 25 The Postal Industry Consumer Complaint Center may learn about the situation from the complainant and the respondent during the process of handling the complaint. With the consent of the parties concerned, relevant parties may be summoned for investigation.
Article 26 Investigators may exercise the following rights:
(1) Ask the parties and relevant personnel about the complaint;
(2) Request relevant Units and individuals provide relevant materials and certificates;
(3) Review and copy materials related to the content of the complaint, etc.
Article 27 During the investigation, the number of investigators shall not be less than two, and they shall produce valid certificates and relevant certificates, and prepare investigation records.
Article 28 The person under investigation shall truthfully answer the investigators’ inquiries and provide relevant evidence when necessary.
Article 29 If relevant postal (express) items or articles need to be tested or authenticated, the enterprise being complained against shall cooperate.
Article 30: Investigators shall exercise their investigative powers fairly and in accordance with the law and shall not have any direct or indirect interest relationship with the complainant, respondent or other relevant persons. Article 31 If the following circumstances are met, the Postal Industry Consumer Complaint Center may organize both parties to mediate: (1) The complaint matter falls within the scope of consumer complaint acceptance stipulated in Article 8 of these Measures;
(2) The complainant and the respondent have negotiated the complaint, but failed to reach a settlement;
(3) The complainant and the respondent agree that the postal industry consumer The Complaint Center conducts mediation.
Article 32 The Postal Industry Consumer Complaint Center shall mediate the matters disputed by the parties, mainly by telephone or online.
Article 33 If the mediation by the Postal Industry Consumer Complaint Center is ineffective or the consumer is dissatisfied with the mediation results, the parties to the dispute may resolve the dispute by filing a lawsuit or applying for arbitration in accordance with the law. Article 34 The State Post Bureau and the postal administration bureaus of all provinces, autonomous regions and municipalities directly under the Central Government shall regularly inform the public about the complaints of consumers in the postal industry.
Article 35 The postal industry consumer complaint center shall supervise enterprises to handle complaints promptly and properly. For enterprises that make false replies, refuse to deal with regulations, or overdue processing, etc., the postal management department shall punish them in accordance with the law.
Article 36: Based on consumer complaints, for enterprises with the following circumstances, the postal management department shall interview the person in charge of the relevant enterprise and order the enterprise to make rectifications within a time limit and submit a rectification report:
(1) There have been more than 30 valid complaints on one million express shipments for three consecutive months and ranked among the top three;
(2) The number of valid complaints on one million express shipments has increased by more than ten from the previous month;
(3) The consumer satisfaction rate with the company's complaint handling results continues to be low;
(4) The same complaint still does not meet the case closing conditions after being transferred to the company three times by the postal management department for handling. There are many;
(5) There are many problems that infringe on the legitimate rights and interests of consumers;
(6) Other situations that require interviews.
Article 37: If the complaint matters reflect an enterprise's illegal behavior such as serious infringement of consumer interests, or a sudden increase in the number of consumer complaints discovered during the complaint acceptance process, the postal industry consumer complaints The center shall promptly report to the relevant internal regulatory agencies of the postal management department at the same level. Article 38 These Measures shall come into effect on September 1, 2014. The "Measures for Handling Consumer Complaints in the Postal Industry" issued by the State Post Bureau on June 24, 2011 (Guopao Fa [2011] No. 116) was abolished at the same time.