Ministry Of Transport To Amend The Decision Of The Postal Industry Safety Supervision And Management Measures

Original Language Title: 交通运输部关于修改《邮政行业安全监督管理办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201307/20130700389484.shtml

Ministry of transport to amend the decision of the postal industry safety supervision and management measures

    (April 12, 2013 the Ministry of transport [2013] 6th release come into force on the date of promulgation) Ministry of transport decisions on the safety supervision and management in the postal industry policy (Ministry of transport 2011 2nd) as follows:

    First, in the fourth paragraph after the second paragraph of article two, respectively the third and fourth paragraphs: "provides for the establishment of the provincial administrative organ under the State Council in charge of the district work safety supervision and management in the postal industry. The postal administrative departments and provinces, autonomous regions, municipalities, postal regulators and provincial administrative organ, collectively known as the postal administration.

    ”

    Bis, the 28th in the "local provincial-level postal authority" is amended as "provincial administrative organ".

    Third, the 34th in the "provincial administrative organ" is amended as "below the provincial level administrative organs of postal". IV, 40th article modified as follows: "provinces, autonomous regions and municipalities directly under the postal authorities and provincial administrative organ shall promptly report higher postal authorities post industry information and periodic updates to the relevant public security organs, organs of State security, customs, safety supervision and management departments.

    ”

    This decision shall come into force as of the date of.

    Attachment: safety supervision and management in postal industry 2013 (revised) (January 4, 2011, released April 12, 2013, the Ministry of Transport Ministry of transport [2013] 6th release come into force on the date of promulgation of the Ministry of transport to amend the postal industry safety supervision and management of the amendment of the decision)

    Chapter I General provisions

    First to strengthen the postal industry safety supervision and management, and maintenance of postal communication and information security, protect user interests, and promote the healthy development of the industry, according to the People's Republic of China postal law and other relevant laws, administrative regulations, and these measures are formulated.

    Article in the People's Republic of China territory management, operation and use of the postal service, express business and related activities governed by this approach.

    Third postal industry safety supervision and management, safety first, prevention first and comprehensive treatment approach, guaranteed delivery channels and email, express security, ensure the safety of postal, courier companies and postal industries in China to their personal safety.

    Fourth postal authorities under the State Council is responsible for the national work safety supervision and management in the postal industry.

    The provinces, autonomous regions and municipalities within the postal administrative bodies responsible for the administration of work safety supervision and management in postal industry.

    Provides for the establishment of the provincial administrative organ under the State Council in charge of the district work safety supervision and management in the postal industry.

    The postal administrative departments and provinces, autonomous regions, municipalities, postal regulators and provincial administrative organ, collectively known as the postal administration.

    Article fifth postal authorities should cooperate with the relevant departments, and improve postal security mechanism, strengthen the supervision and administration of postal communication and information security.

    Article sixth postal companies, courier companies shall comply with the national provisions relating to safety management, without harming national security, public safety and legitimate rights and interests of citizens, legal persons and other organizations.

    Article seventh users send mail, shipment shall comply with the national provisions on banning posting or restricted to deliver goods, not through the delivery channel of endangering national security, public safety and legitimate rights and interests of citizens, legal persons and other organizations.

    Eighth article of any citizen, legal person or other organization shall not conceal, destroying, illegal opening mail, express mail, not damaged postal and courier services, or affect the normal use of postal and courier services.

    Concerned citizens, legal persons or other organizations shall cooperate with the postal authorities the implementation of postal industry safety supervision and management.

    Chapter II communications and information security Nineth postal enterprises, courier enterprises should prompt the user to fill out the delivery form, includes the sender, recipient name and address and the name of the delivery items, categories, quantities, and check the sender and recipient information to accurately indicate the weight of the mail, express and postal rates.

    Postal authorities under the State Council issued by the sender's identity, postal, courier companies? when a user is asked to produce a valid identity document. Postal, courier enterprises shall in the presence of user case, Visually Inspected in person send items to check whether national prohibitions or restrictions on delivery of goods, as well as the name, category and quantity of the goods is consistent with the delivery in the form fill in the content.

    In accordance with relevant State regulations require the user to provide a written document, post, courier enterprises shall require the user to provide? original voucher, after check, shall not be accepted.

    User refused inspection, refused to fill out the delivery form, refusing to provide the written confirmation or at variance with the requirement to provide a valid identity document, postal, courier companies are not accepted. Tenth postal enterprises, express delivery companies in the process of receiving and sending discovery posted by users country prohibit delivery of goods, refuse to accept.

    Has received send these items were found in mail, express mail, post, courier enterprises shall stop immediately the forwarding and delivery.

    Which are required by law to confiscation or destruction of the goods, and shall report immediately to the appropriate authorities, and cooperate with the relevant departments for processing.

    Has received send does not require confiscation, destruction of prohibited items as well as investigation of prohibited articles articles, post, courier enterprises shall get in touch with the sender or recipient, properly dealt with.

    11th express company does not operate by postal enterprises exclusive letter delivery business, shall not deliver official documents.

    Foreign investors shall not invest in business letters domestic express business. 12th postal, courier enterprises shall properly post messages, express.

    Need to sign, post, courier enterprises shall deliver the recipient directly, and handle the signing procedures, or by or on behalf of receipt according to law.

    Organs, enterprises and institutions, residential management, such as postal mail should be facilitated, and to ensure the safety of collecting mail.

    13th postal, courier enterprises shall use technical means for receiving and sending, sorting, transport, delivery and other aspects of safety monitoring to prevent shortage, lost in the mail, express delivery, damage.

    Monitoring equipment should be running 24 hours a day, monitoring data saving time shall not be less than 30 days, and postal authorities request submitted by the State Council. 14th postal enterprises, express delivery companies should protect their users ' information and privacy, ensure that users at the disposal of the postal service, express business information from being stolen, leaked.

    Without express authorization or the written consent of the user, post, courier user enterprises may not be using the postal service, express business information to any organizations or individuals, but the public security organs, the national security agency, procuratorial organs shall exercise functions other than. 15th postal enterprises, the express companies should be equipped with security check equipment complying with national standards, arrangements for personnel with the expertise and skills to security checks the mail, express mail.

    Security screening equipment standards formulated by the postal authorities, jointly with relevant departments of the State Council separately.

    16th post, courier enterprises shall in accordance with the Department of postal services under the project collected information, statistics, analysis, ensuring that the data is true, complete, and timely submission to postal authorities.

    Postal, courier enterprises access information management system of postal management should be reserved for appropriate data interface, with Postal Administration Department in accordance with the regulations and information management systems.

    Article 17th postal, courier enterprises shall cooperate with postal authorities, public security and State security organs of safety supervision and inspection, to provide inspectors with appropriate facilities.

    Postal, express mail, shipment processing of design and construction sites, shall comply with the requirements of the national security agency, the Customs shall perform their duties.

    18th post, courier enterprises should protect materials, the channels open.

    Due to natural disasters, social events, a production safety accident, poor management has caused or threatens to cause backlog of mail, express, postal enterprises, the courier company shall organize and allocate capacity for effective delivery.

    19th post, courier companies and their branches, employees shall not unlawfully detained mail, express mail.

    20th backlog of mail, express mail, or detained, postal administrations shall coordinate and, if necessary, can be organized in postal enterprises, Enterprise transport, express delivery, the resulting fee by mail, express mail backlog or in postal business, express delivery companies must be assumed.

    Chapter III security

    Article 21st postal, courier enterprises shall abide by these procedures and other provisions relating to safety, strengthen administration of production safety, establish and improve the safe production responsibility system, improve work safety conditions, to ensure production safety.

    22nd post, courier enterprises shall abide by national laws and regulations on safety and standards, implementation of safety management responsibility.

    Postal, express the main person in charge is the responsibility of safety and on the safety of the unit have the following responsibilities:

    (A) to establish and improve the enterprise safety in production responsibility system;

    (B) organizations to develop the safety rules and regulations;

    (C) to ensure the safety of capital investment and the effective use;

    (D) cooperate with related departments to supervise and check the safety of the enterprise;

    (E) supervise and check the safety of the enterprise, eliminating production safety accidents in a timely manner;

    (F) organizations in the development and implementation of the enterprise's production safety accident emergency plan;

    (G) to report truthfully and production safety accidents in a timely manner. 23rd post, courier enterprises shall implement pre-job safety training systems, strengthening safety skills and knowledge training, education of employees, to their ability and adapt to this position of safety knowledge and treatment skills.
Without a safety education and training qualified practitioners, not posts.

    Special operations personnel shall in accordance with the provisions of the special safety training and obtain special operations qualifications before they can post.

    24th post, courier enterprises shall establish and improve the responsibility system for production safety, implementation of safety protection, safety inspections and accident investigation, safety training, safety information reporting system. 25th post, express delivery companies use of facilities and equipment installation, use, inspection, maintenance, renovation and obsolescence, shall conform to the State standards or industrial standards.

    Have greater risk factors on the production premises and related facilities and equipment, you should set up the obvious security warning sign. 26th mail processing centers, express distribution center, business outlets, staff quarters and other crowded places should be provided with an emergency evacuation requirement, clearly marked, maintain smooth flow of exports.

    Against the closure, blocked exports.

    Crowded places listed in the preceding paragraph and for storage of temporary venues and the Treasury shall, according to prescribed fire, security facilities, such as protection against electric shock equipment.

    27th postal enterprises shall, in accordance with the relevant provisions strengthening the postal remittance, postal savings funds Bill of security management. 28th post, courier enterprises construction, reconstruction and expansion of mail handling Center, express distribution center, its safety facilities must be the principal part of the project designed, built and put into production and use. Has been put into production and use of safety equipment do not meet the safety standards and requirements, post, courier enterprises shall be replaced or rebuilt.

    Postal, express business mail processing center, express distribution center design and construction before and after final acceptance shall be made to the provincial administrative organ for the record.

    Article 29th postal enterprises, employees of the courier company shall have the right to safety protection, enterprises shall provide workers with work-related injury insurance and personal security measures, equipment, creating a safe work environment.

    The fourth chapter of emergency management

    Article 30th postal administration and postal companies, courier companies shall, in accordance with the national postal service emergency preparedness establish a sound emergency response system, improved ability to respond to postal industry emergency, prevention and reduction of post incident and the damage they cause. 31st postal administration of safety supervision and management departments should be combined with the post industry practice, emergency plans in the industry on a regular basis of feasibility, scientific and effective evaluation, amendments in due course.

    Regular postal, express delivery companies to carry out emergency drills.

    Article 32nd post, courier enterprises shall, in accordance with postal authorities under the State Council, formulate emergency plans and special plans, changes according to the situation timely amendments to update and postal authorities for the record in a timely manner.

    Article 33rd postal, courier enterprises shall strengthen emergency response team-building and material, technical, and financial resources to protect and meet the needs of emergency prevention and treatment work.

    Postal authorities in response to the emergency, mobilization and requisition of postal companies, express delivery companies people, goods and vehicles, premises and equipment, and in accordance with the relevant provisions of compensation.

    Article 34th event of natural disasters, accidents, public health incidents and social safety incidents, resulting in one of the following circumstances, post, courier enterprises should events occur within the one hour below the provincial level administrative organs of postal and with relevant responsibilities of public security, national security, work safety supervision and management departments report:

    (A) the enterprise deaths or missing persons, or serious injury of three or more persons;

    (B) mailing, courier lost, damaged more than 100 pieces, or backlog of more than 1000;

    (C) the mailing of explosives, biological pathogens, biotoxins and hazardous chemicals, radioactive materials, explosion, leakage in the delivery process;

    (D) mail processing center, express distribution center in a major accident, disruption;

    (E) other circumstances that may seriously affect the delivery channels.

    35th under any of the following circumstances, post, courier enterprises shall within 3rd date of the case, reported to the postal authorities of the relevant circumstances:

    (A) by postal companies, courier companies and their branches facing high levels of debt recovery or for investment, resulting from mismanagement cannot perform on the subject of other debt, which may affect the normal development of delivery business;

    (B) postal business, express delivery companies and their branches because of financial disputes or illegal action by the relevant authorities seize operation of equipment, facilities, or the freezing of assets;

    (C) the separation of postal, courier companies, mergers, investment, change, termination of the agreement, which may affect the normal development of delivery business;

    (D) postal, express delivery companies and their workers privately opened ten more, conceals or destroys mail or courier, or by deliberately delay the delivery and Courier is the investigative authorities to initiate an investigation;

    (E) other circumstances that may affect the delivery channels.

    Article 36th after the incident occurred, the postal company, express company report information at the same time, advance disposal shall promptly start emergency plans, to control the situation.

    Postal authorities after receiving the report, shall be in accordance with the provisions of timely disposal and report to the higher authorities and, if necessary, contact the departments concerned disposal. 37th postal management should dispose post emergency, identify causes and responsibility, propose corrective measures, which are in violation of and responsible to handle it.

    Other management functions of departments, should be combined with relevant departments for processing.

    Supervision and administration of the fifth chapter

    Article 38th postal administration shall perform the following duties:

    (A) protection of postal communication and information security, policy, systems and safety standards, and supervise their implementation;

    (B) the guidance and supervision of the postal business, express delivery companies to implement the safety responsibility system, and urge enterprises to strengthen internal security management;

    (C) monitoring of postal industry safety, early warning and emergency management;

    (D) to guide and supervise the postal companies, express delivery companies to carry out safety promotion, education and training;

    (E) the postal enterprises according to law, express delivery companies implement safety supervision and inspection;

    (F) organize accident investigation or involved in the investigation of the postal industry, investigate and deal with acts in violation of postal industry security regulations;

    (VII) other duties stipulated by laws, rules and regulations.

    39th postal management should strengthen the postal industry safety management systems and safety awareness, enhance safety awareness among employees, safety skills, enhance the public safety awareness in the delivery of services.

    40th postal management should strengthen the monitoring and early warning of safe operation of the postal industry to establish an information management system, collection, analysis and postal sector relating to the safe operation of various types of information.

    Provinces, autonomous regions and municipalities directly under the postal authorities and provincial administrative organ shall promptly report higher postal authorities post industry information and periodic updates to the relevant public security organs, organs of State security, customs, safety supervision and management departments.

    41st postal management should the postal companies, courier companies establish and comply with the safety system and guard against security risks, regulating employee safety behavior of inspections. 42nd postal authorities found post, express delivery companies in violation of security regulations adversely affecting or likely to prejudice the security of postal industry, should be on the investigation.

    Violations involving other departments of management authority, postal administrations shall, jointly with relevant departments, common for postal companies, express delivery companies for investigation.

    Article 43rd postal administrations to carry out supervision and inspection, and there should be more supervision and inspection personnel.

    Supervisory and inspective personnel shall show their certificates for law enforcement, inform, express delivery companies to check the subject matter and the basis of postal enterprises.

    44th postal security supervisors and inspectors should check the time, place, content, and address the problems found, written records, and by the inspectors and the inspected units of signature; signed by the heads of the units under inspection refuses, supervisory and inspective personnel shall be recorded.

    Article 45th postal authorities can be informed in the industry post, express delivery companies violating safety regulations, security incidents as well as the treatment of the persons concerned and, if necessary, can the above information to the public, that involve State secrets, business secrets and personal privacy exception.

    The sixth chapter legal liability Article 46th users violating these rules article seventh, posted information that endangers national security, public safety or something, does not constitute a crime, in accordance with the People's Republic of China Law on administrative penalties for public security and other relevant laws, regulations, penalties constitutes a crime, criminal responsibility shall be investigated according to law. Mailing country travel ban or restrict the exit of the illegal goods, according to the People's Republic of China Customs law punishment.

    Postal enterprises, express delivery companies or citizens, legal persons and other organizations causing damage, shall be liable. 47th postal enterprises, courier enterprises that violate the accepted Visual inspection system or accept violation of provisions prohibiting the delivery items or limits to deliver goods in accordance with the People's Republic of China Post's 75th penalties of the Act.

    Illegal receiving and sending countries stop or restrict outbound articles in accordance with the People's Republic of China Customs law punishment.

    48th in violation of the provisions of article 11th, in accordance with the People's Republic of China Post 72nd of the law will be punished.
49th article postal enterprise, express delivery companies illegal provides users with postal service, express business information, in accordance with the People's Republic of China article 76th of the postal law will be punished.

    50th disobey article 13th, 16th, 28th article in the first paragraph, is not in accordance with the requirements to submit relevant data, information, or record, by postal administrations a rectification, and may be fined not more than 1000 Yuan and 10,000 yuan.

    It fails to mend, fines of between 10,000 yuan and 30,000 yuan.

    51st post, courier companies, one of the following acts, by postal administrations a rectification, may give a warning or a fine of up to 10,000 yuan; it fails to mend, to order the rectification, and may be fined not more than 20,000 Yuan:

    (A) is not in accordance with the provisions of the present article 23rd on employees ' safety education and training;

    (B) special operations personnel (except for special equipment operator) is not in accordance with the provisions of the special safety training and obtain special operations qualifications, post.

    52nd postal enterprise, express delivery companies have one of the following acts, by postal administrations a rectification, fines of between 3,000 yuan and 10,000 yuan; it fails to mend, to order the rectification, and may be fined not more than 50,000 yuan, causing serious consequences, constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) does not have greater risk factors of production premises and related facilities, an obvious security warning flag is set on the device;

    (B) the installation and use of safety equipment, testing, adaptation and scrap do not meet national or industrial standards;

    (C) failure to perform regular maintenance on safety equipment, maintenance and periodic inspection;

    (D) failing to enroll three employees provide labor protection articles comply with national standards or trade standards;

    (E) is not a significant security risks for rectification.

    53rd postal enterprises, the courier company violates these measures article 17th, refused to cooperate with safety supervision and inspection in accordance with the People's Republic of China Post's 77th of the law shall be punished.

    54th postal enterprises, the courier company violates these measures article 32nd, did not develop emergency plans and special plans, by postal administrations a rectification, may give a warning or a fine of less than 1000 Yuan and 5,000 yuan; it fails to mend, fines of between 5,000 yuan and 10,000 yuan.

    55th postal staff in safety supervision and management departments in the management of the abuse of power, negligence, malpractice, and constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.

    The seventh chapter by-laws

    56th confidential communication safety supervision and management measures shall be formulated separately. 57th these measures come into force on February 1, 2011.