Express Market Management Approach

Original Language Title: 快递市场管理办法

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Express market management approach (July 12, 2008 Ministry of transportation announced 2008 of 4th come into force on the date of promulgation) Chapter I General provisions article in order to strengthen market management, safeguarding national security and public safety, protect user interests, promote healthy development of courier services, according to the People's Republic of China postal law and the People's Republic of China implementing rules of the postal law and the relevant regulations of the State, these measures are formulated.     Article express business activities shall abide by these measures.     Article express in these measures refers to fast receiving and sending, distribution, transport, delivered individually packaged, with items such as mailing letters and packages, as well as the other articles do not need to store, as promised, delivered to the recipient or specify the time frame, and to sign for the delivery of services.     Article fourth express market management follow the principles of openness, fairness and justice, promote express unified, open, competitive and orderly market and meet the needs of economic and social development. Postal franchise is protected by law.     Express delivery business activities of the enterprise (hereinafter referred to as express delivery companies) shall operate, being honest and trustworthy, fair competition, and to provide users with fast, accurate, safe, and convenient delivery service.     Fifth courier associations shall strengthen self-discipline, and for courier companies to provide services such as information, training, promoting the healthy development of the courier service and the overall level of promotion. Sixth freedom and privacy of correspondence 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.     Seventh national postal authorities responsible for supervision and management of the national market.     Postal administrations of all provinces, autonomous regions and municipalities (hereinafter referred to as the provincial postal administrations) is responsible for the supervision and management of the administrative area of the express market.     Eighth courier companies of transport activities shall comply with the relevant transport regulations, accept supervision and management departments of transportation.     Chapter II Nineth courier services courier provide courier services should comply with its commitment to public service, consistent with the courier service postal industry standards.     Article tenth Express Enterprise shall, in place of publication or otherwise publicize its services, prices, hours of service, ship the parcels service commitments such as the time limit, and within the prescribed period the provincial postal authorities for the record.     11th the courier company should clearly express in writing business and user rights and obligations of the parties, the standard contract terms should be fair and reasonable, accurate and comprehensive, and to the provincial postal authorities for the record.     12th courier enterprises should establish channels of communication with the user and system, provides users with services such as business advice, inquiries, released and take complaints seriously and monitor phone calls and other forms of service users.     Express delivery companies for postal management component of user complaints, shall be disposed of, and to respond as required. 13th courier enterprises emergency mechanism should be established in accordance with the relevant provisions of the State. When blocking major services, express delivery companies shall timely report to the provincial postal administrations in accordance with the relevant provisions. During the process of treatment, express delivery companies should record and save all information relevant to the accident.     Related data and written records maintained for at least 1 year.     Reasons such as courier companies out of business, change of business, bankruptcy, stop the express business activities should be properly handled in a timely manner the express acceptance by, and report to the provincial postal administrations. 14th courier enterprises shall strengthen vocational skills training for express delivery in China.     Express delivery salesman shall conform to the national occupational standards.     15th article Express Enterprise shall not implementation following behavior: (a) violation national provides, received sent ban delivery of items, or not by provides received sent limit delivery of items; (ii) mutual collusion manipulation market, damage other express enterprise or user of lawful rights and interests of; (three) take with others name, and trademark identifies and Enterprise identifies, disrupt market business order; (four) illegal detained user Express; (five) illegal leaked in engaged in express service process in the knows of user information; (six) legal regulations ban of other behavior.     16th courier employees shall not to commit the following acts: (a) opens without authorization, conceals, destroys, detain, scalping, stolen shipments, (ii) unlawful leaks engaged in courier services user information obtained in the course, and (iii) other behaviors prohibited by laws and regulations. Chapter III article 17th no express security organizations and individuals shall not use network carried out to endanger national security, public interest, or the lawful activities.     Following items ban delivery: (a) legal regulations ban circulation or delivery of items; (ii) various against national security and social political stable and obscene of publications, and advertisement, and print,; (three) weapons, and ammunition, and anesthesia drug, and biochemical products, and infectious items and explosive, and flammable sex, and corrosion sex, and radioactive, and toxicity, dangerous items; (four) prejudice public health of items; (five) circulation of various currency; (six) national provides ban delivery of other items. 18th express companies and strict implementation of acceptance inspection system should be established. Letters posted by users other than courier, courier companies shall be Visually Inspected on the spot in accordance with the relevant provisions, to package.     Users refuse to check shall not be accepted.     Express delivery companies in the process of receiving and sending State regulations prohibit the delivery items are found, shall promptly report to the relevant departments. 19th courier companies 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.     Express delivery companies accept proof of safety items, should faithfully record the name, specifications of sending items, quantity, weight, time of acceptance, the sender to the recipient, such as name and address, records retention period should be no less than 1 year.     20th courier companies to accept online shopping, TV shopping and mail-order operators to supply courier services, should sign safeguards agreement with the principal, and the provincial postal authorities for the record.     Express delivery companies engaged in collecting payment business, shall comply with the provisions of the national postal authorities.     21st courier enterprises set up shipment processing center, should consult with the provincial postal authorities, and in accordance with the relevant provisions of the State reserve area.     Supervision and administration of the fourth chapter 22nd State encourages and guides express delivery companies use advanced technology, making full use of transport resources, scale, brand and network management. 23rd postal management should strengthen the management of emergency express service.     Affecting the safety and normal operation of the network courier services emergency, postal authorities immediately launched emergency plans, according to the need of emergency treatment, to take the necessary emergency measures.     24th State practices express statistical reporting system, express delivery companies according to regulations should be reported to post management statistics and reports.     25th State applies the courier company grading system, establish to the satisfaction of the public, deadlines, punctuality and users rate as the core of the complaint courier service quality evaluation system of assessment test delivery service levels on a regular basis, and announced to the public.     Article 26th for ease of postal management information, Express Enterprise shall, within 20 working days from the date on which the business license to the postal authorities filing procedures.     Across provinces, autonomous regions and municipalities directly under the scope of business express business or operating international, Hong Kong, Macao and Taiwan express business, corporate headquarters to national postal administrations to go through formalities and other express companies and branches to the provincial Postal Administration Department for record.     27th courier companies filing procedure shall submit the following documents: (a) the national postal authorities to develop basic filing form; (b) the original and photocopy of the business license and (iii) the legal representative or the person in charge of identity (iv) services and security management system and (v) other documents required by laws, rules and regulations.     28th the courier company for the record changed, shall, within 20 working days from the date of change, changes to the original filing authority record. Article 29th postal authorities in receipt of the record or change within 20 working days from the date of filing, for the verification of documents.     On the record in order to record or change the record.     Article 30th postal authorities should strengthen supervision and inspection of express delivery companies 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 checked, (ii) to the relevant mainland authorities and persons; (c) consult and copy relevant documents, information and documents; (iv) found contraband register, relevant departments of the surrender process; (v) for violations found during the inspection, and dealt with according to law.     For major violations, it is recommended that relevant departments according to law to be closed until the cancel operation. 31st 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 fifth chapter legal liability article 32nd postal authorities who, in violation of the provisions of article 31st shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 33rd courier enterprises that violate the standard express services, severely damages the user interest, by postal administrations shall be ordered to correct, and a fine of 5000 Yuan, 30000 Yuan fine.     34th article violates this article tenth, 12th, 13th, 18th, 19th, 20th and 24th article, by postal administrations shall be ordered to correct, and a fine of 3000 Yuan, 30000 Yuan fine.     35th article violates this article 15th paragraph (a), (d) and (e), (f) provided, by postal authorities ordered corrective action and express delivery companies for more than 10000, 30000 Yuan fines; to express the legal representative or the person in charge and the other persons sentenced to more than 1000 Yuan, fined not more than 5000 Yuan.     Disobey 15th paragraph (b), (c) the provision, by the relevant departments of the State according to law.     36th in violation of the provisions of article 16th, by the postal administration of express delivery companies for more than 5000 Yuan, 30000 Yuan fines; on the persons directly responsible for up to 1000 Yuan, fined not more than 5000 Yuan constitutes a crime, criminal responsibility shall be investigated according to law.     37th article violates these rules, failure to record or change record, by postal administrations shall be ordered to correct, and a fine of 10000 Yuan, 30000 Yuan fine.     Article 38th refuses or obstructs the postal administrations and their staff to perform their duties of supervision and inspection, by postal authorities to check the unit in a warning and a fine of more than 5000 Yuan, 30000 Yuan fine.     39th citizens, legal persons or other organizations to consider violations of the legitimate rights and interests of a specific administrative act of the Administration, according to law the national postal administrations may apply for administrative reconsideration or directly to a people's Court.     Sixth chapter supplementary articles article 40th this way before the publication license of express company shall, within 60 days from the date of implementation of this approach to Postal Administration Department for record.     Otherwise provided in laws and administrative regulations on the express market access from its provisions. 41st these measures come into force on the date of promulgation.

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