Administrative Measures Of Guangdong Province Express Market

Original Language Title: 广东省快递市场管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201310/20131000392256.shtml

Administrative measures of Guangdong Province express market

    (April 17, 2013 12th session of the Standing Committee of the people's Government of the 3rd review, Guangdong Province on April 28, 2013, 188th promulgated by the people's Government of Guangdong Province as of July 1, 2013) Chapter I General provisions

    First in order to strengthen the management of express market, protect the legitimate rights and interests of business express business enterprises and users, promoting the healthy development of the market, in accordance with the People's Republic of China postal law and other relevant laws, rules and regulations, combined with the facts of the province, these measures are formulated.

    Second article this regulation is applicable in the province within the administrative area of express delivery operations and management activities.

    Express refers to quickly complete the delivery of activity within the promised time frame. Third post management is responsible for supervision and management of express market in the province.

    Prefecture-level city postal authorities responsible for market supervision and management of the administrative areas.

    Economic relations and trade, public security, national security, transportation, taxes, prices, Commerce, finance, customs and entry-exit inspection and quarantine departments in accordance with their respective responsibilities, good management of express market.

    Fourth people's Government above the county level and their departments should urban and rural express service outlets and municipal, regional treatment facilities incorporate the urban and rural planning, and business express business enterprises in land use, financial support and preferential policies, business express business enterprises for the express business vehicles accessible.

    Used to express business vehicles shall comply with the postal service, public security, transportation and other departments to develop the vehicle technical specifications.

    Fifth people's Governments above the county level and relevant departments should take effective measures to help small courier companies enhance brand awareness, combined with their own advantages and reasonable position, advance the large-scale operation, innovative services, strengthen the enterprises ' core competitiveness.

    Sixth business express business enterprises should actively use modern means of science and technology, building automation, standardization and information service platform, and constantly improve the quality of service and service level to meet market needs.

    Chapter II business entities

    Seventh business express business, shall, in accordance with the People's Republic of China Law of post, the express business license regulations and other related regulations, obtain the express business license, and register with the industrial and commercial administrative departments, may operate express service without permission, any citizen, legal person or organization does not operate express services. Business Express business enterprises to set up branch offices, shall provide the postal administration departments for the express business license change procedures.

    Branch of the licence and the attached directory of branches, branches of local industrial and commercial Administrative Department for registration; from the date of obtaining the business license in the 20th, where Postal Administration Department for record.

    Article eighth franchise in the express business, franchisor shall observe the following provisions:

    (A) and obtained the express business license of enterprise commercial concession contracts;

    (B) provide information to the franchisee network, transport scheduling, supplies, search franchise support services, and to ensure the normal operation of the network;

    (C) timely release to the social franchising information, published the basic situation of the franchisee; (D) the management responsibility for the franchisee business behavior.

    The franchisor franchisee service quality supervision should be strengthened, coordinated network-wide services such as consumer reports, complaints and appeals;

    (E) the franchisee may cease to operate, the franchisor should be announced to the public the relevant information in a timely manner, and properly deal with not properly cast express and collecting money not returned;

    (Vi) concluded franchise contract should clearly define each other on the protection of consumer rights and obligations and liability as well as the way to resolve the dispute.

    Nineth franchising in the express business, franchisee shall observe the following provisions:

    (A) lawfully obtained the express business license, business license shall not exceed the franchisor business scope, duration and geographical scope and activities;

    (B) without the franchisor's consent shall not be made to transfer, subcontracting express services franchise;

    (C) shall not violate the franchisor business express business services commitment, without reducing the quality of service or change fees.

    Tenth business express business enterprises engaged in collecting payment business, should be the sender in a contract the rights and obligations of both parties, and reported to the postal authorities.

    11th 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 valid reason for more than 6 months after the business express business, or to make their own business for more than 6 months in a row;

    (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.

    After you log off, the Enterprise shall stop the express business, go to the business registration organ for change of business scope of registration or cancellation of registration.

    Chapter three express services

    12th business express businesses providing delivery services shall conform to the national and industry standards. Business Express business enterprise should use the standard express packaging supplies.

    Air Express packaging shall conform to the standards of civil aviation safety, transport.

    Business Express business enterprises are encouraged in the case of conformity with standards related to express packages, using environmentally-friendly recycled paper, biodegradable or easily biodegradable plastic packaging items.

    13th business express business enterprises shall in accordance with goods and services price regulations, in place of public service projects, service, and prices home pickup or delivery business non-business premises should be based on price lists, quotes, writing to the service object public service prices and standards, may not object to the service of oral statements.

    14th business express business enterprises in charge Express, should prompt the sender to fill out the express waybill, check the relevant information, and accurately mark the shipment's weight, price, and so on. Encourage business express business business liability insurance.

    When Business Express Business Courier in charged, it should be made clear or prompt the sender to select insurance business insurance business, and informed of their rights and obligations.

    15th business express business enterprises in the pickup, transport Express, should be in accordance with the postal authorities of the relevant provisions of standard operation, ensure that the shipment is not compromised. 16th business express business enterprise in the post Express, shall inform the recipient person Visually Inspected the shipment packaging. Express packaging intact, line weight, recipients should sign. Packaging of apparent anomalies such as damage, charge staff shall inform the recipient's acceptance, the recipient confirmed no damage after receipt.

    Provisions of national express acceptance from its provisions. If the recipient when I am unable to sign, by the consent of the recipient agrees that it can be used by the recipient on behalf of other persons designated to sign for.

    When collecting, charge staff shall verify the identity and record the collection.

    Article 17th online shopping, TV shopping, mail order, collecting payment and express special agreement with customers, business express business enterprises shall, in accordance with relevant regulations of the State, signed contracts with the sender, specify when the express acceptance of both parties link relationship of rights and obligations, and provide the services in accordance with the contract acceptance. Shipper should in accordance with the contract acceptance procedure inform the recipient shall provide the recipient with the false promises of the contract is not.

    Business Express business at the time of delivery shall also inform the recipient specific inspection procedures, after no objection to the acceptance, signed by the addressee. Business Express business and e-commerce companies to sign long-term delivery services, at the time of entering into any contract or agreement, it should be made clear in the e-commerce business promotion season, holidays and other special times of courier service time and contingency measures. E-commerce enterprises shall not provide the recipient with the false promises of conformity with the contract.

    Losses caused by the false promise of e-commerce enterprises led to shipment delays, according to the People's Republic of China contract law and other regulations, by e-commerce companies bear the loss compensation for breach of contract.

    18th express business enterprises shall provide the user with business advice, inquiries, complaints and other services, and handling user complaints in a timely manner.

    Users were dissatisfied with the results, complaints to postal management, postal authorities should handle in a timely manner, and on the date of receipt of the complaint within 30th responded.

    Article 19th business express business courier waybills provided shall be prominently marked in terms of compensation, special terms relating to user rights related content.

    Express the loss compensation, in accordance with the standard of the courier service.

    20th business express business enterprises in the term of the express business license are not allowed to stop operating.

    Temporarily stop delivery business network operations caused the express service not running smoothly, should report to the local postal authorities written in advance, in accordance with the requirements for dealing with delivery courier, and announced to the public in a timely manner. Business Express business enterprises shall ensure the smooth running of the whole network, and meet the needs of users.

    Legal holidays and other special times, business express business enterprises should be based on business volume forecasts, arrange the position requirements to ensure that staffing is in place to ensure the normal operation of the network.

    The fourth chapter express security 21st business express business enterprise express acceptance inspection system should be established and implemented.
Business Express Business Enterprise shall be Visually Inspected on the spot posted items, check whether country forbid or restrict the delivery of the goods, is consistent with the express waybill fill in the content.

    Laws, regulations, rules and regulations require the sender to provide the written documents or proof of identity, business express business enterprises shall require the sender to provide certificate original or valid identity documents, after the check, shall not be accepted. At the roadside, hotels, railway stations and other places of mobility express acceptance, senders should be required to produce a valid identity document, registration to deliver goods, the recipient and sender information.

    The failure to produce a valid identity document, should focus on the identification, check the security before they can accept.

    Sender refuses to Visual inspection, to fill out the express way, refused to provide a written document or does not produce a valid identity document pursuant to the provisions of, business express business will not be accepted. 22nd business express business enterprises found during the acceptance process of the sender of the delivery against the delivery of the goods, refuse to accept.

    Already found in the express acceptance of the above items, should immediately stop 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 the law does not require confiscation, destruction of prohibited articles should get in touch with the sender or recipient, and properly dealt with.

    Article 23rd business express business enterprises shall accept, sorting, transport, delivery and other aspects of safety monitoring, and express business premises on a 24-hour real-time monitoring to prevent shipments shortage, missing, damaged during the delivery process.

    Business Express business enterprises shall, in accordance with national standards and the requirements of government departments to provide data sharing interface, for safety and public services to provide the necessary data and information in real time.

    Article 24th business express business enterprises shall protect user information security and privacy, to ensure that user information from being stolen and leaked. Business Express business enterprises may not transfer, sell, disclose the user information such as sales.

    Losses due to disclose user information to the user, shall be compensated according to law.

    Belonging to employees of losses caused by illegal disclosure of user information, business express business enterprises shall make compensation and employee accountability.

    25th business express business enterprises shall strengthen labor protection, compliance with the relevant system of working hours and holidays of the State system, scientific management, the use of advanced technology and new processes, improve working conditions, protect the safety and health of employees.

    Business Express Business Enterprise shall set up and improve the human resource management system and the education and training system, and improve their professional quality and legal consciousness.

    26th business express shipment processing business design and construction sites, shall comply with the public security organs, the State security organs shall perform their duties and customs requirements.

    27th public security cases following express market, investigation and handling of the public security organ shall, without delay after receiving the report:

    (A) theft, impersonation, unauthorized opening, conceals, destroys or illegally detained, checking other people express;

    (B) form of containment, intercept, disrupt the normal order of business express business premises;

    (C) illegal interception, Qiang Deng, grilled by transporting shipments of vehicles;

    (D) other acts affecting the business express business enterprises conduct normal delivery activities.

    Cause express retention of, the public security organ shall take measures to urge enterprises to forward or post stranded express in advance; postal authorities should strengthen coordination.

    28th business express business enterprises should establish and improve the responsibility system for production safety, in accordance with the provisions of the postal industry security measures on the supervision and implementation of the system of reporting on important matters, and timely reports to the relevant authorities within a specified time.

    Supervision and administration of the fifth chapter 

    Article 29th business express business enterprise shall set up and improve network operation and management, business operations (processing) process management, service quality management, query, complaint handling, collecting payment and risk management, safety management, emergency treatment system.

    Article 30th business express business enterprise shall report statistics to the post management statements and reports shall not be transferred, concealed, tampered with, destroyed records and documents, statistical accounts, survey forms, accounting documents and other relevant evidence and information.

    31st business express business enterprise shall comply with the relevant national industry training and express delivery salesman provisions and requirements of the identification of vocational skills.

    Business Express business in China enterprises and organizations should be encouraged to participate in express delivery salesman occupational skill testing, obtain professional qualification certificates in express delivery salesman to ensure that through the qualification of express delivery salesman continued compliance with licensing conditions.

    Article 32nd postal authorities should strengthen supervision and inspection of business express business enterprise, you can take the following measures:

    (A) enter the premises for inspection;

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

    (C) the register discover contraband, relevant departments of the surrender process;

    (D) interviews with relevant entities and persons;

    (V) acts of illegal or irregular ordered rectification. Postal authorities when conducting supervision and inspection, supervisory and inspective personnel shall be not less than two persons and shall produce their certificates.

    Supervision and inspection of postal management departments in accordance with law, relevant units and individuals shall cooperate, may refuse or obstruct.

    Article 33rd express industry association shall, in accordance with laws and regulations, development of industry norms, strengthen industry self-regulation, to provide enterprises with information, training and other services.

    Express industry associations shall not use their position to implement price monopolies illegal, preventing malicious collusion, manipulation of market prices, undermine the legitimate rights and interests of other operators or consumers.

    Article 34th postal administrations shall promote the construction of credit system of the express delivery industry, implementation of business express enterprise credit classification of business management, perfecting the credit system; guiding business express business to establish a complete system of self-regulation, enhancing service quality, consumer rights, credit management and evaluation mechanism.

    35th postal management should establish a sound market regulatory system, standardize and optimize administrative examination and approval procedures, simplify procedures, improve efficiency, increase market supervision, building clearly specified powers and responsibilities, code of conduct and supervise the effective and adequate logistic support and law enforcement system, improve the efficiency of supervision.

    The sixth chapter legal liability

    Article 36th postal authorities in market supervision and management, the staff, abuse of power, negligence, malpractice, disciplined by the authorities or supervisory authorities constitutes a crime, criminal responsibility shall be investigated according to law.

    37th franchisor violation of these measures under article eighth, franchise businesses, by postal administrations shall be ordered to correct, and a fine of more than 10000 30000 Yuan.

    Franchisee in violation of the provisions of article Nineth, by postal administrations shall be ordered to correct, and fined a maximum of 5000 Yuan and more than 30000.

    Article 38th express business enterprises violates these measures article tenth developing the business of collecting money from postal administrations shall be ordered to correct, and fined not more than between 50000 and 10000 Yuan.

    39th article violates this approach set forth in 12th, 15th, 16th, business express business enterprises in violation of the express delivery service standards, such as damaging the interests of users, by postal administrations shall be ordered to correct, and to a fine of up to 5000 Yuan more than 30000.

    40th operating express business enterprises that are not in accordance with provisions of 13th, publicity on their business rates or other price-related violations, by pricing departments in accordance with the People's Republic of China price Act are punishable.

    41st express business enterprises in violation of the article 18th, 21st, 28th article, by postal administrations shall be ordered to correct, and to a fine of up to 5000 Yuan more than 30000.

    42nd disobey article 23rd, business express enterprise security monitoring is not in accordance with the requirements of the business, by postal administrations a rectification; fails to mend, fined a maximum of 10000 Yuan and more than 30000.

    43rd in violation of article 24th of this approach provides that business express business enterprises and their employees illegally leaked information about users, by the postal authorities, in accordance with the People's Republic of China postal law are punishable.

    44th business express business enterprises in violation of the provisions article 30th, fails to report statistical information or provide false, incomplete statistics, by postal administrations a rectification; fails to mend, fined a maximum of 5000 Yuan and more than 30000.

    Article 45th business express business enterprises violates these measures article 31st, through the qualification of express delivery salesman failed to comply with licensing conditions, by postal administrations a rectification; fails to mend, fined a maximum of 3000 Yuan and more than 20000.

    Article 46th violate the provisions of article 33rd from pricing departments in accordance with the People's Republic of China price method and the People's Republic of China sanction provisions of the antitrust laws.

    The seventh chapter by-laws

    47th article turnover boundary express business according to customs and related laws and regulations to implement entry-exit inspection and quarantine Department supervision. 48th article of the rules take effect on July 1, 2013.