Express Market Management Approach

Original Language Title: 快递市场管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201303/20130300385458.shtml

Express market management approach

    (January 11, 2013 the Ministry of transport [2013] released 1th come into force on March 1, 2013) Chapter I General provisions

    First to strengthen market management, safeguarding national security and public safety, protect user interests, promote healthy development of express services, in accordance with the People's Republic of China postal law and other relevant laws, administrative regulations, these measures are formulated.

    Article express business activities shall abide by these measures. Article express in these measures refers to quickly complete the delivery of activity within the promised time frame.

    Delivery refers to letters, parcels, printed matter and other items in accordance with the name and address on the package is delivered to a specific individual or unit activities, including collection, sorting, transport and delivery and so on.

    Business Express business enterprises of fourth article shall operate, being honest and trustworthy, fair competition, and to provide users with fast, accurate, safe, and convenient delivery service. Article the freedom and privacy of correspondence of citizens are protected by law.

    In addition to the needs of national security or of investigation into criminal offences, by a public security organ, the State security organ or the procuratorial organs in accordance with the procedure prescribed by law to inspect the communications, no organization or individual may, on any grounds, infringe upon the freedom and privacy of correspondence.

    Sixth postal authorities under the State Council is responsible for the national express market supervision and management.

    The provinces, autonomous regions and municipalities directly under the postal authorities exercising supervision and management is responsible for the administration of the express market.

    Provides for the establishment of the provincial administrative organ under the State Council is responsible for the regulatory jurisdiction of the express market.

    Seventh postal administrative departments and provinces, autonomous regions, municipalities, postal regulators and provincial administrative organ (hereinafter referred to as postal authorities) on the express market supervision and administration, should follow an open, fair and just and to encourage competition, to promote the development of principles, standard express services to meet the needs of economic and social development.

    Postal management should strengthen safety supervision and management of express market, maintaining delivery security and information security.

    Eighth express industry association should be in accordance with the laws, administrative rules and regulations, development of industry norms, strengthen industry self-regulation, to provide enterprises with information, training and other services, and promote the healthy development of the industry.

    Chapter II business entities Nineth State business licensing system imposed on express services.

    Business Express business, shall, in accordance with the People's Republic of China postal law provisions, apply to the postal administrations, courier business license obtained without permission, no unit or individual shall express business.

    Article tenth postal management departments according to the service business license audit scope of business and geographic scope, to meet the required conditions, express issued business license, business license and indicate the business scope and geographical range.

    Business Express Business Enterprise shall, within the scope of the license in the express business activities according to law, business license shall not exceed the scope of business and geographic scope.

    11th no unit and individual shall forge, alter, fraudulently use, rent, resell and illicit transfer of express business license.

    Acquisition of the express business license of the Enterprise shall not in any way express business entrusted to without express business license business, shall not in any way outside the scope of license request management. Article 12th 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 from the date of obtaining the business license to postal authorities, where the filing formalities in the 20th.

    Express business license (copy) stated the relations of equity, registered capital, business scope, geographical change, or add to, revoke branches should be reported to post management Department to deal with change, and change express business license for industrial and commercial registration.

    13th courier enterprises ' merger, Division, shall, on the date of merger, separation agreement is signed in the 20th, to express business license issued by postal authorities for the record.

    Record the following documents shall be submitted:

    (A) express business license;

    (B) the merger or division agreement;

    (C) express business license annual report for the previous year. After the merger, Division of the newly established enterprise business express business, shall obtain a business license.

    Merger, Division of enterprises with foreign investment shall comply with the express business with foreign investment-related provisions of the State. 14th to join business express business, join and join per capita should be made express business license, franchise shall not be joining's operating permit beyond the scope. Join people and join the rights and obligations of the Parties shall enter into a written agreement, define the liability of the legal rights and interests after the damage occurred.

    Enterprises involved in the franchise business, should abide by the common services agreement, with a unified trademark, trade name, courier service tracking and charging standards, provide tracking and user complaints handling service.

    15th business express business enterprises shall in accordance with postal authorities under the State Council, to express business license issued by postal authorities to submit annual reports.

    Chapter three express services

    16th business express business enterprises shall in accordance with express delivery service standards, regulating the activities of express business, guaranteed quality of service, maintain users legitimate rights and interests, and shall comply with the following requirements:

    (A) before completing courier waybills, enterprises should remind the sender to read the terms of service contract courier waybills, and recommended that the sender of valuables to buy insurance or insurance services;

    (B) the enterprise when picking should be in accordance with the express (email) type, time frame, partition operations, respectively, of discipline, and timely input of information, upload network shall not be rough sorting, no throwing, trampling or otherwise causing Express (email) damages;

    (C) enterprises should be completed within the timeframe promised Express (email) delivery;

    (D) the Enterprise shall express (email) delivered to agreed pick-up address and the recipient or the recipient specified receiver. 17th business express business delivery Express (email), shall inform the addressee to acceptance. Express mail (email) packages intact, signed by the addressee. Express post (mail) marked as fragile and the package appears significantly damaged, the Enterprise shall inform the recipient acceptance within the first sign.

    Except as otherwise agreed by the enterprise and the sender.

    For online shopping, collecting money and other special terms with the user Express (email), the Enterprise shall post the sender specified in the contract and acceptance of the rights and obligations and provides services comply with the contract acceptance, acceptance without objection, signed by the addressee. Article 18th business express business enterprise shall, in place of publication or otherwise publicize its services, service time, service prices, damages, complaints handling and other service promises.

    Services commitment is changed, the Enterprise shall promptly publish service prompt announcement.

    Article 19th business express business enterprise shall follow the principle of fairness, in written contracts determine the rights and obligations of the parties with the user.

    Exclusion or limitation to corporate responsibility and the express (email) damages provisions should be listed in an eye-catching manner on courier waybills, and special instructions.

    In 20th in the courier service, Express (email), delay, loss, damage and does not match the internal parts, business express business enterprise shall, in accordance with the user agreement for compensation according to law. Between the enterprise and the user is not on compensation matters agreed, for a purchase price of Express (email), shall, in accordance with the insured amount for compensation.

    Did not purchase insured express mail (email), in accordance with the People's Republic of China postal law and the People's Republic of China contract law and other relevant legal provisions for compensation.

    21st business express business enterprises should establish channels of communication with the user and the system, to provide users with services such as business advice, queries and handling user complaints in a timely manner.

    Business Express business enterprise of postal management component user complaints should be dealt with promptly and properly, and in accordance with the postal authorities under the State Council for the answer. 22nd business express business enterprises emergency mechanism should be established in accordance with the relevant provisions of the State.

    Major service blocking, suspending express business activities, business express business enterprises shall, in accordance with the relevant provisions in within 24 hours of postal authorities and other relevant reports, and to society announcements; express business in joining, be joining people, joining people should report separately to the local postal authorities. Business Express business enterprises in the treatment process, all information relevant to the accident should be recorded and saved.

    Related data and written records kept for at least one year.

    Article 23rd business express business enterprise shall properly respond to peak express business, business monitoring, strengthen the network of services and manpower scheduling and publishing services to the community in a timely manner suggests that addressing consumer complaints seriously.

    Article 24th business express business enterprise of undeliverable Express (email), it should be returned to the senders.

    Undeliverable shipments that cannot be returned to the senders (email), companies should register, and in accordance with State Council postal administrations, and courier services standards which cannot be delivered and cannot go back into the International Express (email), it should be handled by the departments concerned in accordance with the relevant provisions.

    25th business express business enterprises engaged in the express business at the same time, to provide users with collecting payment services, should establish a safety management system, and the sender should be collecting payment in the contract of services the rights and obligations of the agreement.
Provides collection payment services involving financial regulations, shall be subject to supervision and management of the relevant departments.

    26th business express business enterprises shall, in accordance with national provisions on express delivery salesman skills, strengthening of express delivery in China vocational skill training, organizations express practitioners eligible to participate in vocational skill appraisal.

    27th business express business enterprise may adopt the following behavior:

    (A) in violation of State regulations, receiving and sending prohibited materials, items or accept restricted delivery not according to stipulations;

    (B) collusion to manipulate prices, hurting other business express business enterprises or the legitimate interests of users;

    (C) use of others ' names, trademarks, logo and corporate identity, disturbed market order;

    (D) illegally detaining users Express (email);

    (E) the illegal provision of user information obtained in the course of express delivery services;

    (Vi) other behaviors prohibited by laws and regulations.

    28th Express employees shall not implement the following actions:

    (A) detain, scalping, stolen Express (email);

    (B) the illegal provision of user information obtained in the course of express delivery services;

    (C) other behaviors prohibited by laws and regulations.

    The fourth chapter express security 29th no organization or individual may make use of the express service network of endangering national security, public interest, or the lawful activities.

    The following items prohibited to deliver:

    (A) prohibited by laws and administrative regulations;

    (B) endanger State security and social and political stability and obscene publications, publicity materials, printed matter etc;

    (C) arms, ammunition, narcotics, biochemical products and infectious goods and explosive, flammable, corrosive, radioactive, toxic and other dangerous items;

    (Iv) prejudice to the public health;

    (E) currency in circulation;

    (F) the laws, administrative regulations and national rules prohibiting the delivery of other items.

    30th business express business enterprise shall comply with the People's Republic of China postal law, the postal industry safety supervision and management measures and other relevant provisions, establish and strictly enforce the acceptance inspection system, strengthen production safety and emergency management. 31st business express business enterprises cannot determine the safety of suspicious items, users should be required to produce relevant sector of safety certificates.

    Users cannot issue a safety certificate, will not be accepted. Business Express business of sending proof of safety items, should faithfully record the name, specifications of sending items, quantity, weight, time of acceptance, the sender and recipient names and addresses, and so on.

    Record-keeping period of no less than one year.

    Article 32nd business express business to accept online shopping, TV shopping and mail-order operators to supply courier service, shall comply with the provisions of the postal authorities, security agreements with the principal, and to express business license issued by postal authorities for the record.

    Article 33rd business express business set up Express (email) processing places, it shall first consult the postal authorities and the departments concerned and in accordance with the relevant provisions of the State reserve-related work sites, the design and construction shall comply with the national safety authorities shall perform their duties and customs requirements.

    Supervision and administration of the fifth chapter

    34th State encourages and guides business express business enterprises to adopt advanced technology, making full use of transport resources, scale, brand and network management.

    35th postal administration of safety supervision and management departments should be combined with the post industry practice, guide and supervise the business express business enterprise implement the safety responsibility system, in accordance with the business express business enterprise to implement the safety supervision and inspection, and in accordance with the relevant provisions of prejudice or likely to prejudice the security of business express business enterprises to carry out investigation and processing.

    Postal authorities should enhance the management of emergencies, urging business express business organizations to carry out emergency drills on a regular basis.

    Article 36th postal authorities under the State Council to establish a public satisfaction, deadlines, punctuality and users rate as the core of the complaint courier service quality evaluation system of guidance assessment bodies in regular testing and assessment industry service level, assess the quality of service levels, and announced to the public.

    37th postal management departments shall deal with complaints from users to business express business enterprises, and on the date of receipt of the complaint within 30th responded. All units and individuals have the right to report violations to the postal authorities of this approach.

    Postal authorities after receiving the report, shall be processed in a timely manner according to law.

    Article 38th postal express business departments should strengthen the supervision and inspection of enterprises and their employees abide by these measures.

    Postal authorities exercising supervision and inspection according to law, you can take the following measures:

    (A) enter the premises for inspection;

    (B) consult and copy relevant documents, information and documents;

    (C) interviewing relevant entities and persons;

    (D) approved by the postal authorities in charge, relating to the place of seizure and illegal activities, means of transport detained for illegal activities and related items, restrictions on the letters suspected of carrying banned materials or express delivery items (mail) opening checking. 39th postal management staff shall strictly supervise and inspect according to legal procedures. When conducting supervision and inspection, shall produce their certificates, and carried out jointly by two or more staff members.

    Inspected unit and its associated personnel shall cooperate, and may not refuse or impede, and related information shall be kept confidential.

    Postal authorities in supervision and inspection staff aware of the units under inspection technology secrets and business secrets, confidential.

    The sixth chapter legal liability

    40th business express business enterprises that violate the standard express services, severely damages the user interest, by postal authorities ordered corrective action and fines of between 5,000 yuan and 30,000 yuan.

    41st in violation of the provisions of article tenth, from postal authorities ordered corrective action and fines of between 5,000 yuan and 30,000 yuan.

    42nd article violates provisions of the second paragraph of this article 11th, by postal authorities ordered corrective action and fines of between 10,000 yuan in serious cases, fines of between 10,000 yuan and 30,000 yuan.

    43rd in violation of the provisions of article 14th, by postal authorities ordered corrective action and fines of between 5,000 yuan and 30,000 yuan.

    44th article violates this article 16th (b) the provision, by the postal administration of 10,000 yuan fine serious circumstances, fines of between 10,000 yuan and 30,000 yuan.

    45th article violates this article 18th, 21st, 22nd, 31st article, by postal authorities ordered corrective action and fines of between 3,000 yuan and 30,000 yuan.

    46th in violation of article 24th of this approach provided in the second paragraph, not postal authorities under the State Council regulations on handling undeliverable and cannot return to sender shipments, by the postal administration of express companies fines of between 3,000 yuan and 10,000 yuan in serious cases, fines of between 10,000 yuan and 30,000 yuan.

    47th article violates article 27th of this approach (a), (e) provide, respectively, in accordance with the People's Republic of China postal law 75th, 76th, penalty shall be imposed.

    Violation of these measures article 27th (d) the provision, by postal authorities ordered corrective action and express delivery companies fines of between 10,000 yuan and 30,000 yuan.

    In violation of this article 27th (b), (c) the provision, by the relevant departments of the State according to law.

    48th in violation of the provisions of article 28th, by postal authorities ordered corrective action and confiscated illegal income, the persons directly responsible for fines of between 5,000 yuan and 10,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    49th article postal authorities who violate this way article 37th, 39th article, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    50th refuses or obstructs the postal administrations and their staff to perform their duties of supervision and inspection in accordance with the People's Republic of China Post's 77th of the law shall be punished.

    51st citizens, legal persons or other organizations think that postal authorities violations of their legitimate rights and interests of the specific administrative act can be validly up postal authorities may apply for administrative reconsideration or directly to a people's Court.

    Business Express business fails to perform postal authorities decided on penalty, enforced by the postal authorities request the people's Court according to law.

    The seventh chapter by-laws 52nd these measures come into force on March 1, 2013. Released on July 12, 2008, the Ministry of transport of the express market management approach (Ministry of transport, 2008 4th) repealed simultaneously.