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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  Department of transportation decided to express business licensing regulation (Ministry of transport of 2013 of 4th) as follows: the 12th paragraph (c) "capital verification report," deleted.

Implementation of this decision from June 24, 2015.

The express business license management measures under this decision be amended accordingly promulgated anew. Express business business license management approach (September 1, 2009 traffic Transport Department released according to April 12, 2013 traffic Transport Department on modified straddling express business business license management approach of decided first times amendment according to June 24, 2015 traffic Transport Department on modified straddling express business business license management approach of decided second times Amendment) first chapter General first article for specification express business business license management, promote express industry health development, according to People's Republic of China Post method

And 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. Second chapter license conditions sixth article application business express business, should meet People's Republic of China Post method 52nd article of provides, has following conditions: (a) meet corporate conditions; (ii) in province, and autonomous regions, and municipalities range within business of, registered capital not below Yuan 500,000 yuan, across province, and autonomous regions, and municipalities business of, registered capital not below Yuan 1 million Yuan, business international express business of, registered capital not below Yuan 2 million Yuan; (three) has this approach seventh article, and eighth article , And Nineth article provides of and application business of geographical range phase adapted of service capacity; (four) has strictly of service quality management system, including service commitment, and service project, and service price, and service geographical, and compensation approach, and complaints accepted approach,, has complete of business operation specification, including received sent inspection depending on, and sorting transport, and delivery posted, and business query, 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,

In line with national standards of safety measures, start-up business of collecting money, collecting payment services should be provided in a proprietary manner, have a sound risk control measures and settlement systems, and clearly the principal rights and obligations between the recipient and (vi) other conditions stipulated by laws and administrative regulations. Seventh article application in province, and autonomous regions, and municipalities range within Business Express business of, should has following service capacity: (a) has in province, and autonomous regions, and municipalities range within Business Express business of network and shipped handed capacity; (ii) business with City Express business of, must provides delivery Express (mail) of phone query service, business province within offsite express business of, except provides above phone query service outside, also should has provides delivery Express (mail) track query of information network; (three) has meet

Express delivery salesman national occupational skills standards and through the qualification of express delivery salesman, 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%. Eighth article application across province, and autonomous regions, and municipalities business express business of, should has following service capacity: (a) has and application business geographical range phase adapted of network and shipped handed capacity; (ii) has closed of, and area suitable of Express (mail) processing places, meet state post management sector and the national security organ law perform duties of requirements, and equipped with corresponding of processing equipment, and monitoring equipment and fire facilities; (three) has unified of computer management system,

Has can provides delivery Express (mail) track query of information network, and configuration meet provides of data interface, can according to requirements to post management sector provides delivery Express (mail) of about data; (four) has meet express salesman national career skills standard and through qualification finds of express salesman, Enterprise and the branch institutions express business member in the, has primary above qualification of are not below 40%. Nineth article application business international express business of, should has following service capacity: (a) has business international express business of network and shipped handed capacity; (ii) has closed of, and area suitable of Express (mail) processing places, meet state post management sector and the national security organ, and customs law perform duties of requirements, and equipped with corresponding of processing equipment, and monitoring equipment and fire facilities; (three) has unified of computer management system, has can provides delivery Express (mail) track query of information network,

And configuration meet provides of data interface, can according to requirements to post management sector and about sector provides delivery Express (mail) of customs data; (four) has meet express salesman national career skills standard and through qualification finds of express salesman, Enterprise and the branch institutions express business member in the, has primary above qualification of are not below 50%; (five) has get professional qualification of customs, and reported check, and reported 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 apply to the postal authorities submit the following materials: (a) the courier business license application, (ii) pre-approval notice of enterprise names issued by the Administrative Department for industry and commerce business license or (iii) conditions of site use, as well as provisions of this approach diliu、Qi、BA、jiutiao related material and (iv) 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 People's Republic of China Post method announced Qian according to national about provides, by State foreign trade competent sector approved or record, and to business administration sector law handle registration Hou business international express business of international goods transport agent enterprise, in accordance with People's Republic of China Post method 85th article provides received express business business license of, should to state post management sector submitted following material: (a) express business business license received applications;

(B) the approval of the Foreign Trade Department under the State Council or filing; (c) the business license issued by the industrial and commercial administrative departments according to law; (d) branches directory.

Fourth chapter license management articles 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 (b) the courier business license copy of the original and (iii) 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 article met has following case one of of, post management sector should law handle express business business license of cancellation procedures: (a) express business business license validity expires not continued of; (ii) enterprise corporate qualification law terminated of; (three) applicants since made express business business license Hou no due reason over six months not business express business of, or itself continuous closed six months above of; (four) express business business license validity within stop business of;

(E) express business license according to law is revoked, withdrawn, or the express business license is revoked, and (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 24th postal administration of supervision and inspection departments shall obtain the express business license of enterprise conducting supervision and inspection, the inspected enterprises shall accept and cooperate with supervision and inspection. 25th article supervision check of main content: (a) business express business of Enterprise name, and statutory representative people (head), and business address, and business range, and business geographical, and business term, important matters, should and express business business license registration matters phase meet; (ii) express business business license change, and continued, and cancellation, procedures of implementation and handle situation; (three) business express business of enterprise should continued meet issued express business business license of conditions; (four) legal, and

Other elements of 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.

Sixth chapter legal responsibility article 29th in violation of the fifth, 17th, first paragraph, 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.

Seventh chapter schedule 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.

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