Ministry Of Transport To Amend The Express Decision Of The Business License Regulations

Original Language Title: 交通运输部关于修改《快递业务经营许可管理办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201307/20130700389474.shtml

Ministry of transport to amend the express decision of the business license regulations

    (April 12, 2013 the Ministry of transport [2013] 4th release come into force on the date of promulgation) Department of transportation decided to express business licensing regulation (Ministry of transport of 2009 of 12th) as follows: First, the article is revised as follows: "the postal administrative departments and provinces, autonomous regions and municipalities directly under the post management institutions and provides for the establishment of the provincial administrative organ under the State Council (hereinafter referred to as postal authorities) responsible for the express business license management.

    ” Second, the 15th is revised as follows: "made express business license of the enterprise branch offices, sales and other non-branch, by the Corporate Express business license (copy) and the attached directory of branches, the branch is located the Administrative Department for industry and commerce registration.

    Branches within 20th as of obtaining the business license to the provincial administrative organs of postal filing procedures. Business Express business branch of the merger, Division or revocation, should be to the postal authorities for the record.

    ”

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

    Attachment: Express business license management 2013 (revised) (September 1, 2009, released April 12, 2013, the Ministry of Transport Ministry of transport [2013] 4th release come into force on the date of promulgation of the Ministry of transport to amend the express decision of the business license management approach revision)

    Chapter I General provisions

    First to standardize the express business license management, promote the healthy development of the industry, according to the People's Republic of China postal code, the People's Republic of China on administrative licensing law and other relevant laws, administrative laws and regulations, these measures are formulated.

    Article express business license application, approval and supervision, these measures shall apply.

    Third postal authorities under the State Council and the provincial, autonomous region, municipality directly under the administrative organ and provides for the establishment of the provincial administrative organ under the State Council (hereinafter referred to as postal authorities) responsible for the express business license management.

    Fourth courier business license management should follow the principle of openness, fairness and justice, as well as to facilitate efficient.

    Fifth Business Express business, shall obtain the express business license issued by the postal administrations, and accept supervision by the postal authorities and other relevant departments management without permission, no unit or individual shall express business.

    Chapter II conditions

    Sixth application for business express business, should be consistent with the People's Republic of China postal law provisions of 52nd, satisfy the following conditions: (a) meet the corporate requirements;

    (B) in provinces, autonomous regions and municipalities within the scope of business, with registered capital of no less than 500,000 yuan, across the province, autonomous region, municipality directly under the management of, no less than RMB 1 million yuan of registered capital, operating international express business with registered capital of no less than RMB 2 million Yuan;

    (C) the approach set forth in seventh, eighth and Nineth and adapted to the geographical scope of application of the services;

    (D) strict service quality management system, including services commitments, service projects, service prices, services and compensation practices, such as complaints, sound business practices, including the acceptance inspection, sorting transport, delivery, delivery service inquiry system;

    (Five) has sound of security guarantees system and measures, including guarantees delivery security, and express service personnel and user personal security, and user information security of system, meet national standards of the security, opened generation received payment business of, should to proprietary way provides generation received payment service, has perfect of risk control measures and funds settlement system, and clear and delegate party and recipient Zhijian of right, and obligations;

    (Vi) other conditions stipulated by laws and administrative regulations.

    Article seventh in the provinces, autonomous regions and municipalities within the scope of business express business, shall meet the following service:

    (A) in the provinces, autonomous regions and municipalities within the scope of business express business network and delivery capacity;

    (B) the business of express delivery in the same city, are required to provide delivery Express (e-mail) the telephone enquiry service, business express business in different places within the province, in addition to providing the above telephone enquiry services, should also provide delivery Express (email) tracking and tracing information networks;

    (C) is consistent with the express delivery salesman national occupational skill standards and through the qualification of express delivery salesman, the business of City Express, express clerk with primary qualifications is not less than 30%, business express business in different places within the province, express clerk with junior qualification of not less than 40%.

    Article eighth operating across provinces, autonomous regions and municipalities directly under the express business, shall meet the following service:

    (A) have and adapt to geographical scope of application management and delivery capacity of the network;

    (B) have closed, the area suitable for the express (email) processing places, in compliance with the postal authorities and the requirements of State security organs fulfill their duties, and equipped with appropriate handling equipment, monitoring equipment and fire-fighting equipment;

    (C) a unified computer management system, can provide delivery Express (email) tracking and tracing information network, data interface and configuration in accordance with the provisions, upon their request to the postal administration to provide delivery of express mail (email) of relevant data;

    (D) consistent with the express delivery salesman national occupational skills standards and through the qualification of express delivery salesman, in enterprises and its branches express clerk with primary qualifications are not less than 40%.

    Section Nineth international express business, shall meet the following service:

    (A) the international express delivery business and delivery capacity of the network;

    (B) have closed, the area suitable for the express (email) processing places, meet the postal authorities under the State Council and the national security agency, the Customs shall fulfill their duties according to the requirements and equipped with appropriate handling equipment, monitoring equipment and fire-fighting equipment;

    (C) a unified computer management system, can provide delivery Express (email) tracking and tracing information network, data interface and configuration in accordance with the provisions, upon their request to the postal authorities and the departments concerned to provide delivery Express (email) of data;

    (D) consistent with the express delivery salesman national occupational skills standards and through the qualification of express delivery salesman, in enterprises and its branches express clerk with primary qualifications are not less than 50%;

    (E) to obtain professional qualifications of customs clearance, commodity inspection, inspection personnel.

    Tenth foreign investor shall not invest in business letters domestic express business.

    Domestic express business, refers to the entire process from acceptance to delivery took place in People's Republic of China domestic express business.

    Business Express business enterprises other than postal enterprises (hereinafter referred to as express delivery companies) shall operate the franchise by postal enterprises the letters delivery business, shall not deliver official documents.

    Chapter III examination and approval procedures

    Section 11th for express business license, in the provinces, autonomous regions and municipalities within the scope of business, should be to the local postal authorities of provinces, autonomous regions and municipalities apply across provinces, autonomous regions and municipalities directly under the management or operation of the international express business, should apply to the postal authorities under the State Council.

    Article 12th express business license shall submit the following application materials to the post management:

    (A) express business license application;

    (B) pre-approval notice of enterprise names issued by the Administrative Department for industry and commerce business license or;

    (C) capital verification report, site use, as well as related materials under diliu、Qi、BA、jiutiao conditions in these measures;

    (D) other materials stipulated by laws and administrative regulations. 13th postal administrations shall, within 45 days from the date of acceptance of the application materials is examined and verified, the decision to approve or not to approve.

    Approved, the express business license issued; were rejected, notify the applicant in writing and state the reasons.

    Postal management reviews express business license application, you should consider factors such as national security, and to seek the views of the relevant departments.

    14th applicant by a courier business license to the Administrative Department for industry and Commerce set up or change registration. Article 15th express business license of the enterprise branch offices, sales and other non-branch, by the Corporate Express business license (copy) and the attached directory of branches, the branch is located the Administrative Department for industry and commerce registration.

    Branches within 20th as of obtaining the business license to the provincial administrative organs of postal filing procedures.

    Business Express business branch of the merger, Division or revocation, should be to the postal authorities for the record.

    16th article of the People's Republic of China postal law before it was announced in accordance with the relevant provisions of the State, approved by the competent foreign trade Department under the State Council or for the record, and after to register with the Administrative Department for industry and Commerce according to international freight forwarding enterprises engaged in international express delivery business, in accordance with the People's Republic of China postal law article 85th for the express business licences, shall submit to the Department of postal services under the following materials:

    (A) receive the express business license applications;

    (B) the approval of the Foreign Trade Department under the State Council or filing;

    (C) Administration for industry and commerce business license issued by the Department;

    (D) the branch directory.

    The fourth chapter license management

    17th business express business enterprises shall, in accordance with the express business license license scope and validity of business express business.

    The express business license valid for five years.
Business Express business enterprise should be in a courier business license expires 30th to apply to the licensing of postal authorities, renewal of license.

    18th express business license annual report management system.

    Business Express business enterprises shall, before April 30 of each year to the express business license issued by postal authorities submit the following materials:

    (A) the annual report including annual operations, compliance with laws and regulations, and so on;

    (B) the courier business license copy of the original;

    (C) copy of business license.

    19th the express business license of Enterprise name, business type, ownership, registered capital, business scope, operating regional and branch changes should be reported to post management Department to deal with change and renewal of licenses.

    20th express company in the express business ceased to operate within the validity period of the permit shall notify the licensing of postal authorities in advance, return to the express business license, and as stipulated in the postal authorities properly handle the undelivered shipments.

    21st under any of the following circumstances, postal administrations shall go through the express business license's cancellation procedures:

    (A) the courier business license expiration is not renewed;

    (B) the status of enterprise legal persons terminated according to law;

    (C) the applicant made express business license is not without valid reason for more than six months after the business express business, or to make their own business for six consecutive months or more;

    (D) during the term of the express business license may cease to operate;

    (E) express business license according to law is revoked, withdrawn, or the express business license has been revoked;

    (Vi) other circumstances as stipulated by laws and administrative regulations.

    22nd postal administrations of the courier business license should be issued to society announcements, change, cancellation and other matters.

    Article 23rd express business license uniformly printed by the postal authorities under the State Council.

    No organization or individual shall forge, alter, fraudulently use, lease, sale and transfer of the courier business license.

    Fifth chapter of supervision and inspection

    Article 24th postal administration according to law on access to the express business license of enterprise conducting supervision and inspection, the inspected enterprises shall accept and cooperate with supervision and inspection.

    25th the supervision and inspection of the main content:

    (A) business express business name, legal representative of the enterprise (or responsible person), business address and business scope, business area, operating period and other important matters, it should be consistent with the express business license registration;

    (B) the courier business license change, continuation, cancellation procedures for implementation and management;

    (C) the business express business enterprises issued should be continued in line with the express business license conditions;

    (D) other content stipulated by laws and administrative regulations.

    Article 26th postal authorities when conducting supervision and inspection, supervisory and inspective personnel shall be at least two persons and shall produce their certificates; supervision and inspection and processing of the results shall be recorded, after being signed by the inspectors from the archive.

    27th postal authorities when conducting supervision and inspection, and does not impede the business express business enterprises normal production and operation activities, shall not be charged any fees.

    28th civil, corporate staff found that postal authorities and other organizations in the implementation of administrative licensing and violations in the process of supervision and inspection, right to postal authorities reported receiving the report post management shall promptly verify, process.

    The sixth chapter legal liability

    29th article in violation of the first paragraph of article fifth, 17th, in accordance with the People's Republic of China postal law 72nd penalty shall be imposed.

    Article 30th when they apply for courier business license, applicant is concealing facts, fraud, fraud license, by the postal administration revoked business license and fined 10,000 yuan and 30,000 yuan fine.

    Forge, alter, fraudulently use, lease, sale and transfer of the courier business license, postal administrations can be fined 10,000 yuan and 30,000 yuan fine, constitute a crime, criminal responsibility shall be investigated according to law.

    31st courier companies to set up branches, merger, Division, not to the postal authorities for the record in accordance with the People's Republic of China Post's 73rd of the law shall be punished.

    Except Qian paragraph provides outside, business express business of enterprise, not by this approach provides handle record, and change procedures, or not regular submitted annual report book of, by post management sector ordered corrected, and can sentenced 10,000 yuan following of fine; handle record and change procedures, and submitted annual report book, hide real situation, and fraud of, by post management sector ordered corrected, and can sentenced 10,000 yuan above 30,000 yuan following of fine.

    32nd stop business Express Business Courier enterprises, did not notify the postal authorities and returned to the express business license, or not properly dealt with postal authorities under the State Council has not posted the shipment's, in accordance with the People's Republic of China Post's 73rd of the law shall be punished.

    33rd in violation of article 24th of this approach provides that, in accordance with the People's Republic of China Post's 77th of the law shall be punished.

    34th business express business for postal administrations in accordance with the measures of specific administrative acts, may apply for administrative reconsideration or bring administrative proceedings.

    Business Express business fails to carry out administrative punishment decision, made by the postal authorities of the decision on administrative penalty apply to a people's Court for compulsory execution.

    35th postal express business license management staff in the management of abuse, negligence, malpractice, by competent authorities or organs be given an administrative sanction; alleged to constitute a crime, criminal responsibility shall be investigated by judicial organs.

    The seventh chapter by-laws

    36th article except this approach 16th article provides of enterprise outside, People's Republic of China Post method announced Qian law to business administration sector handle registration Hou business express business of enterprise, not has business express business of conditions of, should since this approach implementation of day up a years reached business express business of conditions, and law made express business business license, late cannot made express business business license of, shall not continues to business express business. 37th article of the rules take effect on October 1, 2009.