Provisional regulations on express delivery

Chapter I General Principles

Article 1 In order to promote the healthy development of express delivery industry, ensure the safety of express delivery, protect the legitimate rights and interests of express delivery users and strengthen the supervision and management of express delivery industry, these Regulations are formulated in accordance with the Postal Law of People's Republic of China (PRC) and other relevant laws.

Article 2 These Regulations shall apply to the operation of express delivery business, the acceptance of express delivery service and the supervision and management of express delivery industry in People's Republic of China (PRC).

Article 3 Local people's governments at all levels should create a good business environment for express delivery business, support enterprises engaged in express delivery business to innovate their business models and service methods, guide enterprises engaged in express delivery business to strengthen service quality management, improve rules and regulations, and improve security measures to provide users with fast, accurate, safe and convenient express delivery services.

Local people's governments at all levels shall ensure that relevant government actions meet the requirements of fair competition and relevant laws and regulations, maintain the competitive order of the express delivery industry, and shall not introduce policies and measures that violate fair competition and may cause regional blockade and industry monopoly.

Article 4 No unit or individual may use letters, parcels, printed matter and other delivered articles (hereinafter referred to as express mail) to engage in activities that endanger national security, social interests or the legitimate rights and interests of others.

No unit or individual may illegally inspect other people's express mail except for the inspection by relevant departments according to law. No unit or individual may open, conceal, destroy or resell other people's express mail without permission.

Article 5 The postal administration department of the State Council shall be responsible for the supervision and administration of the national express delivery industry. The State Council public security, national security, customs, industry and commerce administration, entry-exit inspection and quarantine and other relevant departments are responsible for the supervision and management of express delivery within their respective responsibilities.

The postal administrations of provinces, autonomous regions and municipalities directly under the Central Government and the postal administrations below the provincial level established in accordance with the provisions of the State Council shall be responsible for the supervision and administration of the express delivery industry within their respective jurisdictions. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of express delivery within the scope of their respective duties.

Article 6 The postal administrations of the State Council and provinces, autonomous regions and municipalities directly under the Central Government, as well as the postal administrations below the provincial level (hereinafter referred to as postal administrations) shall cooperate with the relevant departments of public security, national security, customs, industry and commerce administration, entry-exit inspection and quarantine, establish and improve the supervision mechanism of express delivery safety, and strengthen the monitoring and early warning of the safe operation of the express delivery industry. Collect and * * enjoy the information related to the safe operation of the express delivery industry, and handle the events that affect the safe operation of the express delivery industry according to law.

Article 7 Express delivery industry organizations established according to law shall protect the legitimate rights and interests of enterprises, strengthen industry self-discipline, promote enterprises to operate in good faith and safety, urge enterprises to implement the main responsibility of safety production, and guide enterprises to continuously improve the quality and level of express delivery services.

Article 8 The State strengthens the construction of the credit system of the express delivery industry, establishes and improves the credit record, information disclosure and credit evaluation system of the express delivery industry, and implements joint disciplinary measures according to law to improve the credit level of the express delivery industry.

Article 9 The State encourages enterprises engaged in express delivery business and senders to use degradable and reusable environmental protection packaging materials, and encourages enterprises engaged in express delivery business to take measures to recycle express delivery packaging materials, so as to realize reduced utilization and reuse of packaging materials.

Chapter II Development Guarantee

Tenth the State Council postal management department shall formulate the development plan of express delivery industry, and promote the healthy development of express delivery industry.

The local people's governments at or above the county level shall incorporate the development of express delivery industry into the national economic and social development plan at the corresponding level, and make overall consideration of the demand for land for infrastructure such as large-scale express delivery and sorting in urban and rural planning and overall land use planning.

The local people's governments at or above the county level shall establish and improve policies and measures to promote the healthy development of the express delivery industry, improve relevant supporting laws and regulations, and protect the legitimate rights and interests of enterprises and their employees engaged in express delivery business according to law.

Article 11 The state supports and encourages express delivery enterprises to develop express delivery service networks in rural and remote areas and improve the layout of express delivery terminal outlets.

Article 12 The State encourages and guides enterprises engaged in express delivery business to adopt advanced technology, and promotes the popularization and application of automatic sorting equipment, mechanized loading and unloading equipment, intelligent terminal service facilities, express electronic waybill and express information management system.

Article 13 The public security, transportation and other departments of the local people's governments at or above the county level and the postal administration departments shall strengthen coordination and cooperation, establish and improve the express delivery guarantee mechanism, and guarantee the right of express delivery service vehicles to pass and temporarily stop according to law, and shall not prohibit the express delivery service vehicles from passing according to law.

The postal administration department shall, jointly with the public security department of the local people's government at or above the county level, standardize the management and use of express delivery service vehicles according to law, stipulate the speed and loading quality of special electric tricycles for express delivery, and strengthen the unified numbering and identification management of express delivery service vehicles. Enterprises engaged in express delivery business should strengthen road traffic safety training for employees.

Express delivery practitioners should abide by the provisions of road traffic safety laws and regulations and drive vehicles safely and civilized in accordance with operational norms. If the courier practitioners cause damage to others due to the execution of their work tasks, the enterprises that operate the courier business to which the courier practitioners belong shall bear tort liability in accordance with the relevant laws on civil tort liability.

Article 14 Enterprises, institutions and residential area management units shall, according to the actual situation, sign contracts with enterprises engaged in express delivery business, set up special places for receiving and sending express mail, and provide necessary convenience for carrying out express delivery business. Encourage a number of express delivery companies to enjoy terminal service facilities and provide users with convenient express terminal services.

Article 15 The State encourages the express delivery industry and manufacturing, agriculture, commerce and other industries to establish a coordinated development mechanism, promote the integrated development of express delivery industry and e-commerce, strengthen information communication, and share facilities and network resources.

The state guides and promotes the docking of express delivery industry with railway, highway, waterway, civil aviation and other industry standards, and supports the construction of express delivery channels and connecting places in transportation hubs such as large stations, docks and airports.

Article 16 The state encourages enterprises engaged in express delivery business to carry out inbound and outbound express delivery business according to law, and supports the construction of inbound and outbound express delivery processing centers at key ports, the establishment of express delivery service agencies and the establishment of express delivery processing places abroad according to law.

Customs, entry-exit inspection and quarantine, postal administration and other departments should establish a cooperation mechanism, improve the management of inbound and outbound express mail, and promote the convenient customs clearance of express mail.

Chapter III Operating Entities

Seventeenth express business, express business license shall be obtained according to law. The postal administration department shall, according to the conditions and procedures stipulated in Article 52 and Article 53 of the Postal Law of People's Republic of China (PRC), verify the business scope and geographical scope of the business license, announce to the public the list of enterprises that have obtained the business license of express delivery business, and update it in time.

Eighteenth enterprises engaged in express delivery business and their branches can open express terminal outlets according to business needs, and shall, within 20 days from the date of opening, file with the local postal administration. Express terminal outlets do not need to apply for a business license.

Nineteenth more than two enterprises engaged in express delivery business can use a unified trademark, font size or express waybill to operate express delivery business.

The enterprises engaged in express delivery business mentioned in the preceding paragraph shall sign a written agreement, clarify their respective rights and obligations, abide by the same service agreement, and implement unified management in terms of service quality, security and business processes. , and provide users with unified express tracking query and complaint handling services.

If the legitimate rights and interests of users are damaged due to delay, loss, damage or shortage of internal parts, users can claim compensation from the enterprises to which the trademark, name and express waybill belong or the enterprises that actually provide express service.

Twentieth enterprises engaged in express delivery business should protect the legitimate rights and interests of employees according to law.

Enterprises engaged in express delivery business should strengthen the education and training of employees' professional ethics, service standards, operating norms, safe production and safe driving of vehicles.

Chapter IV Express Service

Article 21 Before the sender fills in the express waybill, the enterprise engaged in express delivery business shall remind him to read the terms of the express delivery service contract, abide by the relevant provisions prohibiting the delivery and restricting the delivery of articles, and inform him of the relevant insurance rules and insurance services.

If the sender delivers valuables, it shall make a statement in advance; Enterprises engaged in express delivery business may require the sender to insure the value of valuables.

Article 22 When delivering express mail, the sender shall truthfully provide the following contents:

(1) The name, address and telephone number of the sender;

(2) The name, address and telephone number of the recipient;

(3) The name, nature and quantity of the delivered goods.

In addition to the letters and express mails delivered by the users who signed the security agreement, the enterprises engaged in express delivery business shall check the identity of the sender and register the identity information, but shall not record the user identity information except the name, address and contact number on the express waybill. If the sender refuses to provide identity information or provides false identity information, the enterprise engaged in express delivery business shall not accept and send it.

Article 23 The State encourages enterprises engaged in express delivery services to provide users with normal express delivery services according to the actual changes in business volume during holidays.

Twenty-fourth enterprises engaged in express delivery business should standardize operations to prevent the damage of express mail.

Where laws and regulations have special provisions on the transportation of specific goods such as food and medicines, the sender and the enterprise engaged in express delivery business shall abide by the relevant provisions.

Twenty-fifth enterprises engaged in express delivery business shall deliver the express mail to the agreed address, the recipient or the agent designated by the recipient, and inform the recipient or agent to receive and send it in person. The consignee or agent has the right to face-to-face acceptance.

Twenty-sixth express mail can not be delivered, the enterprise operating express delivery business shall return it to the sender or handle it according to the sender's requirements; If it is an inbound or outbound express, the enterprise engaged in express delivery business shall go through customs and inspection and quarantine procedures according to law.

Undeliverable and unreturnable express mail shall be handled in accordance with the following provisions:

(a) if the letter is unclaimed for more than 6 months from the date of confirmation that it cannot be returned, the enterprise engaged in express delivery business shall destroy it under the supervision of the local postal administration department;

(2) If it belongs to other express mail, the express delivery enterprise shall register and handle it in accordance with the provisions of the postal administration department of the State Council;

(3) If it is an inbound express, it shall be handled by the customs according to law; Among them, articles that should be quarantined according to law shall be handled by the entry-exit inspection and quarantine department according to law.

Twenty-seventh express delay, loss, damage or lack of internal parts, for the insured express, the liability for compensation shall be determined in accordance with the insured rules agreed between the express delivery enterprise and the sender; For uninsured express mail, the liability for compensation shall be determined in accordance with the relevant provisions of the civil law.

The state encourages insurance companies to develop liability insurance for express delivery losses, and encourages enterprises engaged in express delivery business to take out insurance.

Twenty-eighth enterprises engaged in express delivery business should implement information management in the whole process of express delivery, publish contact information, ensure smooth contact with users, and provide services such as business consultation and express delivery inquiry to users. Users who are dissatisfied with the quality of express delivery services may complain to the enterprises that operate express delivery services, and the enterprises that operate express delivery services shall handle the complaints within 7 days from the date of receiving them and inform the users.

Article 29 Where an enterprise engaged in express delivery business terminates its business, it shall make an announcement to the public in advance 10, inform the postal administration department in writing, return the express delivery business license, and properly handle undeliverable express mail according to law.

If an enterprise or its branch engaged in express delivery service suspends express delivery service due to force majeure or other special reasons, it shall promptly report to the postal administration department, announce the reasons and time limit for suspending service to the public, and properly handle undelivered express mail according to law.

Chapter V Express Safety

Thirtieth the sender shall send express mail, and the enterprises engaged in express delivery business shall abide by the provisions of Article 24 of the Postal Law of People's Republic of China (PRC) on prohibiting or restricting the delivery of articles.

The catalogue and management measures for prohibited postal articles shall be formulated and promulgated by the postal administration department of the State Council in conjunction with the relevant departments of the State Council.

Article 31 When receiving and sending express mail, an enterprise engaged in express delivery business shall inspect the internal parts in accordance with the provisions of the Postal Law of People's Republic of China (PRC) and make inspection marks. If the sender refuses the inspection, the enterprise engaged in express delivery business shall not accept and send it.

Where an enterprise engaged in express delivery services is entrusted by the sender to provide express delivery services in batches for a long time, it shall sign a security agreement with the sender to clarify the security obligations of both parties.

Article 32 An enterprise engaged in express delivery business may conduct safety inspection on express mail by itself or entrust a third-party enterprise, and make safety inspection marks on the express mail after safety inspection. If an enterprise engaged in express delivery business entrusts a third-party enterprise to carry out safety inspection on the express mail, the entrusting party shall not be exempted from the responsibility for the safety of the express mail.

Enterprises engaged in express delivery business or entrusted third-party enterprises shall use safety inspection equipment that meets mandatory national standards and strengthen background review and technical training for safety inspectors; Enterprises engaged in express delivery business or entrust third-party enterprises to conduct background investigations on safety inspectors, and public security organs and other relevant departments shall cooperate.

Thirty-third enterprises engaged in express delivery business should refuse to accept and send articles prohibited by the sender; If it is found that there are suspected prohibited items in the express mail that has been received and sent, it shall immediately stop sorting, transportation and delivery. For the items that should be confiscated or destroyed or may be involved in illegal crimes in express mail, the enterprise engaged in express delivery business shall immediately report to the relevant departments and cooperate with the investigation and handling; Other prohibited items and restricted items shall be handled by enterprises engaged in express delivery business in accordance with laws, administrative regulations or the provisions of relevant competent departments of the State Council.

Article 34 An enterprise engaged in express delivery business shall establish an express waybill and electronic data management system, properly keep electronic data such as user information, regularly destroy express waybills, and take effective technical measures to ensure the safety of user information. The specific measures shall be formulated by the postal administration department of the State Council in conjunction with the relevant departments of the State Council.

Enterprises engaged in express delivery business and their employees shall not sell, disclose or illegally provide user information known in the process of express delivery service. In case of user information leakage or possible leakage, the enterprise engaged in express delivery business shall immediately take remedial measures and report to the local postal administration department.

Thirty-fifth enterprises engaged in express delivery business shall establish and improve the responsibility system for production safety according to law to ensure the safety of express delivery services.

Enterprises engaged in express delivery business shall formulate emergency plans according to law and conduct emergency drills regularly; When an emergency occurs, it shall be handled in a timely and proper manner in accordance with the emergency plan, and immediately report to the local postal administration department.

Chapter VI Supervision and Inspection

Thirty-sixth postal administrations should strengthen supervision and inspection of the express delivery industry. Supervision and inspection shall focus on the following matters:

(a) whether the enterprise engaged in express delivery activities has obtained the express delivery business license according to law;

(two) whether the enterprise safety management system engaged in express delivery business is sound and effectively implemented;

(three) whether the enterprises engaged in express delivery business properly handle user complaints and protect the legitimate rights and interests of users.

Article 37 The postal administration department shall establish and improve the daily supervision and inspection system focusing on random sampling, publish the catalogue of random sampling, clarify the basis, frequency, methods, contents and procedures of random sampling, and randomly select the inspected enterprises and inspectors. The results of spot checks and investigations shall be announced to the public in a timely manner.

Postal administration departments should make full use of computer networks and other advanced technical means to strengthen the daily supervision and inspection of express delivery business activities and improve the management level of express delivery industry.

Thirty-eighth postal administrations have the right to take the supervision and inspection measures stipulated in Article 61 of the Postal Law of People's Republic of China (PRC). The postal administration department shall carry out on-site inspection and have the right to consult the electronic data of the express delivery business operated by the express delivery business enterprise.

State security organs and public security organs carry out law enforcement activities to safeguard national security and investigate and deal with criminal activities according to law, and enterprises engaged in express delivery business shall provide technical support and assistance.

The handling places stipulated in Article 11 of the Postal Law of People's Republic of China (PRC) include the handling places, facilities and equipment for express mail.

Thirty-ninth postal administrations should announce their contact information to the public to facilitate the public to report illegal acts.

After receiving the report, the postal administration department shall promptly investigate and deal with it according to law, and keep the informer confidential. If the real name is reported, the postal administration department shall inform the informant of the result.

Chapter VII Legal Liability

Fortieth whoever engages in express delivery activities without obtaining the express delivery business license shall be punished by the postal administration department in accordance with the provisions of the Postal Law of People's Republic of China (PRC).

If an enterprise or its branch engaged in express delivery business commits one of the following acts, the postal administration department shall order it to make corrections and may impose a fine of 6,543.8+0,000 yuan; If the circumstances are serious, a fine of 6,543,800 yuan and 50,000 yuan shall be imposed, and it may be ordered to suspend business for rectification:

(a) the opening of express terminal outlets has not been filed with the local postal administration;

(2) Stop the express delivery business, fail to make an announcement to the public in advance 10, fail to inform the postal administration in writing and return the express delivery business license, or fail to properly handle undeliverable express mail according to law;

(3) Suspension of express delivery service due to force majeure or other special reasons, failure to report to the postal administration department in time and announce the reasons and time limit for suspension of service to the public, or failure to properly handle undelivered express mail according to law.

Article 41 If two or more enterprises engaged in express delivery business use a unified trademark, shop name or express waybill to operate express delivery business, fail to abide by the service agreement agreed by * * *, fail to implement unified management in terms of service quality, safety and business process, or fail to provide users with unified express tracking and complaint handling services, the postal administration department shall order them to make corrections and impose a fine of 6,543,800 yuan to 50,000 yuan; If the circumstances are serious, a fine ranging from 50,000 yuan to 654.38+10,000 yuan may be imposed, and it may be ordered to suspend business for rectification.

Article 42 Whoever impersonates, opens, conceals, destroys, resells or illegally inspects other people's express mail, which does not constitute a crime, shall be given administrative penalties for public security according to law.

If an enterprise engaged in express delivery business commits the acts specified in the preceding paragraph, or illegally detains express mail, the postal administration department shall order it to make corrections, confiscate its illegal income, and impose a fine of not less than 50,000 yuan but not more than 65,438+10,000 yuan; If the circumstances are serious, a fine of 6.5438+10,000 yuan but not more than 200,000 yuan shall be imposed, and the company may be ordered to suspend business for rectification until its express business license is revoked.

Forty-third enterprises engaged in express delivery business in any of the following circumstances shall be punished by the postal administration department in accordance with the provisions of the Postal Law of People's Republic of China (PRC) and the Anti-Terrorism Law of People's Republic of China (PRC):

(1) Failing to establish or implement the acceptance inspection system;

(two) in violation of laws, administrative regulations and the provisions of the relevant departments of the State Council Municipality on prohibiting or restricting the delivery of goods;

(3) Receiving and sending the express mail without checking the identity of the sender and registering the identity information, or still receiving and sending it after discovering that the identity information provided by the sender is false;

(4) Failing to conduct safety inspection on express mail in accordance with regulations.

If the sender carries prohibited items in the express mail, which does not constitute a crime, he shall be given administrative penalties for public security according to law.

Article 44 If an enterprise engaged in express delivery business commits any of the following acts, the postal administration department shall order it to make corrections, confiscate its illegal income, and impose a fine ranging from 6,543.8+0,000 yuan to 50,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 6,543.8+10,000 yuan shall be imposed, and it may be ordered to suspend business for rectification until its express business license is revoked:

(1) Failing to establish an express waybill and an electronic data management system in accordance with regulations;

(2) Failing to regularly destroy the express waybill;

(3) Selling, disclosing or illegally providing user information known in the course of express delivery service;

(4) Failing to take immediate remedial measures or report to the local postal administration under the circumstances that the user information is leaked or may be leaked.

Forty-fifth enterprises engaged in express delivery business and their employees who endanger national security in their business activities shall be investigated for legal responsibility according to law; For enterprises that operate express delivery business, the postal administration department shall revoke its express delivery business license.

Forty-sixth postal management departments and other relevant departments of the staff abuse their powers, neglect their duties, engage in malpractices for selfish ends in the supervision and management work, shall be punished according to law.

Forty-seventh in violation of the provisions of this Ordinance, which constitutes a crime, shall be investigated for criminal responsibility according to law; Those who cause personal, property or other damage shall be liable for compensation according to law.

Chapter VIII Supplementary Provisions

Article 48 These Regulations shall come into force on May 1 day, 2065.

Extended data

The State Post Bureau held a director's office meeting, which reviewed and approved in principle the Service Specification for Express Tracking Information.

The Specification for Tracking and Inquiring Information Service of Express Mail is applicable to the tracking and inquiring information services of domestic express mail, international express mail and Hong Kong, Macao and Taiwan express mail provided by express service agencies. The contents of the Service Specification for Tracking and Inquiring Express Information are required and optional respectively.

2065438+On September 24th, 2004, Li Keqiang, Premier of the State Council of the People's Republic of China, People's Republic of China (PRC) presided over the the State Council executive meeting to urge the foreign capital in the express delivery industry to compete fairly and orderly. Decided to further open the domestic express delivery market and promote fair and orderly competition among domestic and foreign investors. This is precisely to play the eel effect, let domestic and foreign express delivery companies compete on the same stage, and force domestic enterprises to improve their management ability and service level.

In 2009, the new "Postal Law" was promulgated and implemented, and foreign logistics companies that have already started express delivery business in China began to apply for domestic express delivery licenses from the China government.

Foreign express delivery has always been optimistic about the growth prospects of China market. Zhao Yumin, director of the International Market Research Department of the Research Institute of the Ministry of Commerce, said, "With the entry of foreign express delivery giants into the domestic express delivery market, market competition will be intensified and market efficiency will be improved." She believes that on the one hand, the entry of foreign-funded enterprises will intensify the competition in the domestic market, and not only small and medium-sized express delivery enterprises, but also large express delivery enterprises will face severe challenges; On the other hand, foreign express delivery giants have mature business models and competitive advantages in management and information technology, which will prompt domestic express delivery enterprises to strengthen management and improve service quality.

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