Table of contents
Chapter I General Provisions
Chapter II Postal Facilities
Chapter III Postal Services
Chapter 4 Postal Rates
Chapter V Compensation for Losses
Chapter VI Express Delivery Services
Chapter VII Supervision and Inspection
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to ensure universal postal service, strengthen supervision and administration of the postal market, safeguard the security of postal communications and information, protect the freedom and confidentiality of communications, protect the legitimate rights and interests of users, promote the healthy development of the postal industry, and adapt to the needs of economic and social development and people's lives.
Article 2 The State guarantees universal postal service within the territory of the People's Republic of China.
Postal enterprises shall assume the obligation to provide universal postal services in accordance with national regulations.
The State Council and local people's governments at all levels and their relevant departments shall take measures to support postal enterprises in providing universal postal services.
The term "postal universal service" as used in this Law refers to the postal service provided continuously to all users within the territory of the People's Republic of China in accordance with the business scope, service standards and tariff rates prescribed by the State.
Article 3 The freedom and privacy of citizens' correspondence shall be protected by law. No organization or individual may infringe upon the freedom and privacy of citizens' correspondence for any reason, except when the public security organs, state security organs or procuratorial organs conduct communications inspections in accordance with legal procedures for the needs of national security or the investigation of criminal offenses.
Unless otherwise provided by law, no organization or individual may inspect or withhold mail or remittances.
Article 4 The postal administration department of the State Council is responsible for the supervision and management of universal postal services and the postal market throughout the country.
The postal administration agencies of provinces, autonomous regions, and municipalities directly under the central government are responsible for the supervision and management of universal postal services and the postal market in their respective administrative areas.
The postal administration department of the State Council and the postal administration agencies of provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the postal administration departments) shall implement supervision and management of the postal market in accordance with the principles of openness, fairness, impartiality, and encouraging competition and promoting development.
Article 5 The letter delivery business within the scope specified by the State Council shall be exclusively operated by postal enterprises.
Article 6 Postal enterprises shall strengthen service quality management, improve security measures, and provide users with fast, accurate, safe and convenient services.
Article 7 Postal administration departments, public security organs, state security organs and customs shall cooperate with each other, establish and improve security guarantee mechanisms, strengthen supervision and management of postal communications and information security, and ensure the security of postal communications and information.
Chapter II Postal Facilities
Article 8 The layout and construction of postal facilities shall meet the needs of ensuring universal postal services.
Local people's governments at all levels shall incorporate the layout and construction of postal facilities into urban and rural planning, support the construction of postal facilities that provide universal postal services, and focus on supporting the construction of postal facilities in rural and remote areas.
When constructing new urban areas, independent industrial and mining areas, development zones, residential areas, or renovating old urban areas, supporting postal facilities providing universal postal services should be built at the same time.
The postal network, which consists of postal facilities that provide universal postal services, is an important national communications infrastructure.
Article 9 Postal facilities shall be set up in accordance with the standards prescribed by the State.
Larger stations, airports, ports, colleges and universities and hotels should set up postal business premises to provide universal postal services.
Postal enterprises shall notify the postal administration department in writing in advance when establishing or canceling postal business premises; the cancellation of postal business premises providing universal postal services shall be approved by the postal administration department and announced.
Article 10 Government agencies, enterprises and public institutions shall set up places for receiving mail. Rural areas shall gradually set up village post offices or other places for receiving mail.
When constructing urban residential buildings, mailboxes for receiving mails shall be installed and shall be inspected and accepted in accordance with the standards prescribed by the State. If the construction unit fails to install mailboxes in accordance with the standards prescribed by the State, the postal administration department shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the postal administration department shall designate other units to install mailboxes, and the necessary expenses shall be borne by the construction unit of the residential building.
Article 11 The design and construction of mail processing sites shall comply with the requirements for the State Security Organs and Customs to perform their duties in accordance with the law.
Article 12 If postal business premises or mail processing premises are expropriated, the urban and rural planning department shall make proper arrangements for the re-setting up of postal business premises or mail processing premises in accordance with the requirements of ensuring universal postal services; expropriation shall not be carried out before proper arrangements are made.
Before re-establishing postal business premises or mail processing premises, postal enterprises shall take measures to ensure the normal operation of universal postal services.
Article 13 Postal enterprises shall carry out regular maintenance of the postal facilities they have installed to ensure the normal use of the postal facilities.
No unit or individual may damage postal facilities or affect the normal use of postal facilities.
Chapter III Postal Services
Article 14 Postal enterprises shall engage in the following businesses:
(1) Mail delivery;
(2) postal remittance and postal savings;
(3) Issuance of stamps and production and sale of philatelic items;
(4) Distribution of domestic newspapers, periodicals, books and other publications;
(5) Other businesses prescribed by the State.
Article 15 Postal enterprises shall provide universal postal services for the delivery of letters, printed materials with a single piece weight not exceeding 5 kilograms, parcels with a single piece weight not exceeding 10 kilograms, and postal remittances.
Postal enterprises handle confidential communications, distribution of newspapers and periodicals specified by the state, and other special service businesses in accordance with state regulations, as well as free delivery of ordinary letters of conscripts, reading materials for the blind and relics of revolutionary martyrs.
Without the approval of the postal administration, postal enterprises shall not suspend or restrict the handling of the businesses specified in the first two paragraphs; if they temporarily suspend or restrict the handling of businesses due to force majeure or other special reasons, postal enterprises shall promptly announce it, take appropriate remedial measures, and report to the postal administration.
The standards for postal universal service shall be formulated by the postal administration department of the State Council in conjunction with relevant departments of the State Council; the specific measures for the supervision and management of postal universal service shall be formulated by the postal administration department of the State Council.
Article 16 The State shall provide subsidies to postal enterprises for providing universal and special postal services, and strengthen supervision over the use of subsidy funds.
Article 17 The State shall establish a universal postal service fund. The specific measures for the collection, use and supervision and management of the universal postal service fund shall be formulated by the financial department of the State Council together with relevant departments of the State Council, and shall be promulgated and implemented after being approved by the State Council.
Article 18 The postal universal service business and competitive business of postal enterprises shall be operated separately.
Article 19 Postal enterprises shall operate for no less than six days a week in cities and deliver mail at least once a day; they shall operate for no less than five days a week in the seats of township people's governments and deliver mail at least five times a week.
The postal administration department of the State Council may make separate provisions for the weekly business hours and frequency of mail delivery of postal enterprises in remote areas with inconvenient transportation and other areas of towns and villages.
Article 20 Postal enterprises shall deliver mail in accordance with the delivery time limits and service specifications prescribed by the postal administration department of the State Council.
Article 21 Postal enterprises shall publicly display at their business premises or announce in other ways their service types, business hours, rate standards, mail and remittance inquiries and loss compensation methods, and methods for users to complain about the quality of their services.
Article 22 Where a postal enterprise adopts standard clauses it provides to determine its rights and obligations with users, such standard clauses shall be subject to the provisions of the Contract Law of the People's Republic of China on standard contract clauses.
Article 23 When sending mail, users shall clearly and accurately fill in the recipient's name, address and postal code. Postal enterprises shall provide users with postal code query services free of charge at postal business locations.
Postal codes are compiled by postal enterprises in accordance with the compilation rules formulated by the postal administration department of the State Council. The postal administration department supervises the compilation and use of postal codes in accordance with the law.
Article 24 Postal enterprises and users shall comply with laws, administrative regulations and the provisions of the State Council and its relevant departments on prohibited or restricted items when receiving and sending mail and mailing by users.
Article 25 Postal enterprises shall establish and implement a system for the collection and inspection of mail in accordance with the law.
If necessary, postal enterprises may require users to open and inspect the letters submitted by users, but they may not check the contents of the letters. If users refuse to open the letters, postal enterprises will not accept them.
For mail other than letters, postal enterprises shall inspect the contents on the spot when receiving and sending. If the user refuses to inspect, the postal enterprise will not accept and send it.
Article 26 If a postal enterprise discovers that mail contains items that are prohibited or restricted from being delivered, it shall handle the matter in accordance with relevant national regulations.
If inbound or outbound mail contains items that are prohibited or restricted from entering or leaving the country, the customs will handle them according to law.
Article 27 Railway, highway, waterway, aviation and other transportation enterprises shall give priority to the transportation of mail delivered by postal enterprises providing universal postal services, and stations, ports and airports shall arrange loading and unloading areas and entry and exit channels.
Article 28 Vehicles and vessels with special postal signs shall be given priority when entering or leaving ports or passing through ferry crossings.
If a vehicle with special postal signs delivering mail needs to pass through a prohibited section of road designated by the traffic management department of the public security agency or needs to park at a prohibited location, it may pass or park with the consent of the traffic management department of the public security agency, provided that safety is ensured.
Postal enterprises shall not use vehicles or vessels with special postal signs to engage in business activities other than mail delivery, and shall not allow other units or individuals to use vehicles or vessels with special postal signs by leasing or other means.
Article 29 Mail transported by sea shall not be included in the contribution of general average.
Article 30 Customs shall exercise supervision over inbound and outbound international mail bags, mail containers and international mail articles in accordance with the provisions of the Customs Law of the People's Republic of China.
Article 31 The quarantine of inbound and outbound mail shall be implemented by the inbound and outbound inspection and quarantine agencies in accordance with the law.
Article 32 Postal enterprises shall deliver mail by address delivery, user collection or other methods negotiated with the user.
Government agencies, enterprises, public institutions, residential quarters management units, etc. shall provide convenience for postal enterprises to deliver mail. If the address of unit users changes, they shall notify the postal enterprises in a timely manner.
Article 33 Postal enterprises shall return undeliverable mail to the sender.
Letters that cannot be delivered or returned, if unclaimed for more than six months from the date the postal enterprise confirms that they cannot be returned, shall be destroyed by the postal enterprise under the supervision of the postal administration department. Other mail that cannot be delivered or returned shall be handled in accordance with the regulations of the postal administration department of the State Council; among them, inbound international mail items that cannot be delivered or returned shall be handled by the customs in accordance with the provisions of the Customs Law of the People's Republic of China.
Article 34 The recipient of a postal remittance shall, within sixty days from the date of receipt of the remittance notice, go to the postal enterprise to collect the remittance with a valid identity document.
If the recipient fails to cash the remittance within the prescribed time limit, the postal enterprise shall return it to the remitter. If the remittance cannot be returned to the remitter within one year from the expiration of the cashing period, or the remitter fails to collect the remittance within one year from the date of receiving the return notice, the postal enterprise shall pay it into the state treasury.
Article 35 No unit or individual may open, conceal or destroy other people's mail without permission.
Unless otherwise provided by law, postal enterprises and their employees shall not disclose information about users' use of postal services to any organization or individual.
Article 36: In case of national security or the need to investigate criminal offenses, public security organs, national security organs or procuratorial organs may inspect and detain relevant mail in accordance with law, and may require postal enterprises to provide information on the use of postal services by relevant users. Postal enterprises and relevant units shall cooperate and keep relevant information confidential.
Article 37 No unit or individual may use mail to send items containing the following:
(1) Inciting subversion of state power, overthrow of the socialist system, or splitting the country, undermining national unity, or endangering national security;
(2) leaking state secrets;
(3) Spreading rumors to disrupt public order and undermine social stability;
(4) Inciting ethnic hatred or discrimination, or undermining ethnic unity;
(5) Propagating evil cults or superstitions;
(6) Spreading obscene, gambling, or terrorist information or instigating crimes;
(VII) Other contents prohibited by laws or administrative regulations.
Article 38 No unit or individual may engage in the following conduct:
(1) disrupting the normal order of postal business premises;
(2) Obstructing employees of postal enterprises from delivering mail;
(3) Illegally intercepting, forcibly boarding, or riding on a vehicle with a postal special mark; (4) Impersonating a postal enterprise or using a postal special mark;
(5) Counterfeiting special-purpose postal products or reselling counterfeit special-purpose postal products.
Chapter 4 Postal Rates
Article 39 The rates for postal universal service, rates for postal enterprises' exclusive services, rates for confidential communications and rates for the distribution of newspapers and periodicals prescribed by the State shall be subject to government pricing. The rate standards shall be formulated by the price-supervising department of the State Council in conjunction with the financial department of the State Council and the postal administration department of the State Council.
The charges for other services of postal enterprises are subject to market-regulated prices, and the charge standards are determined independently by the postal enterprises.
Article 40 When formulating the tariff standards for postal universal service and the tariff standards for postal enterprises' exclusive services, the opinions of postal enterprises, users and other relevant parties shall be heard.
Postal enterprises shall provide accurate and complete business cost data and other relevant information in accordance with the requirements of the price regulatory department, the financial department and the postal administration department of the State Council.
Article 41 The payment of mail charges shall be indicated by postage vouchers, stamps proving that postage has been paid, and relevant business documents.
Postage vouchers include stamps, postage symbols, postage envelopes, postage postcards, postage letters, postage letter cards, etc.
No unit or individual may forge postage vouchers or resell forged postage vouchers, or print imitation stamps and postage patterns without authorization.
Article 42 The number of ordinary stamps to be issued shall be determined by postal enterprises in accordance with market demand and reported to the postal administration department of the State Council for record; the issuance plan of commemorative stamps and special stamps shall be proposed by postal enterprises in accordance with market demand and reported to the postal administration department of the State Council for approval. The postal administration department of the State Council shall be responsible for the selection of themes and designs of commemorative stamps.
The postal administration department shall supervise the printing and sale of stamps in accordance with the law.
Article 43 After a postage voucher is sold, the holder of the postage voucher may not request the postal enterprise to exchange it for cash.
The cessation of the use of postage vouchers shall be approved by the postal administration department of the State Council, and shall be announced and sales shall be stopped 90 days before the cessation of use. The holders of postage vouchers may exchange them for postage vouchers of equal value from the postal enterprises within one year from the date of announcement.
Article 44 The following postage vouchers shall not be used:
(1) Where the use is stopped upon approval by the postal administration department of the State Council;
(2) Cancelled or crossed out;
(3) Damaged, incomplete, faded, discolored, or difficult to identify.
Postage patterns cut from postage envelopes, postage postcards, postage letters and postage letter cards shall not be used as postage vouchers.
Chapter V Compensation for Losses
Article 45 The provisions of this Chapter shall apply to compensation for losses of mail and remittances within the scope of postal universal service.
Compensation for losses of mail outside the scope of postal universal service shall be subject to the relevant provisions of civil laws.
Mail loss refers to the loss, damage or missing of mail contents.
Article 46 Postal enterprises shall not be liable for compensation for the loss of ordinary mail, except where the loss of ordinary mail is caused intentionally or due to gross negligence.
Article 47 Postal enterprises shall compensate for the loss of registered mail in accordance with the following provisions:
(1) If an insured registered mail is lost or totally destroyed, compensation shall be paid according to the insured value; if it is partially damaged or its contents are missing, compensation shall be paid for the actual loss of the mail in the proportion between the insured value and the total value of the mail.
(2) If uninsured registered mail is lost, damaged or its contents are missing, compensation will be paid according to the actual loss, but the maximum compensation amount shall not exceed three times the charges collected; if registered mail is lost or damaged, compensation will be paid at three times the charges collected.
Postal enterprises shall state the provisions of the preceding paragraph in notices at their business premises and on registered mail receipts provided to users, in a manner sufficient to attract the attention of users.
If a postal enterprise causes loss of registered mail intentionally or due to gross negligence, or fails to perform the obligations prescribed in the preceding paragraph, it shall not be entitled to invoke the provisions of the first paragraph of this article to limit its liability for compensation.
Article 48 Postal enterprises shall not be liable for compensation for the loss of registered mail caused by any of the following reasons:
(1) force majeure, except for the loss of insured registered mail caused by force majeure;
(2) The natural properties of the articles or reasonable loss or damage;
(3) Fault of the sender or recipient.
Article 49 After a user has mailed registered mail, he may inquire about domestic mail with the receipt within one year from the date of mailing, and may inquire about international mail with the receipt within 180 days from the date of mailing. For inquiries about international mail or mail from remote areas specified by the postal administration department of the State Council, the postal enterprise shall inform the user of the inquiry results within 60 days from the date of the user's inquiry; for inquiries about other mail, the postal enterprise shall inform the user of the inquiry results within 30 days from the date of the user's inquiry. If the mail is not found after the expiration of the inquiry period, the postal enterprise shall compensate in accordance with the provisions of Article 47 of this Law.
If the user does not inquire with the postal enterprise or make a claim for compensation within the inquiry period specified in the first paragraph of this article, the postal enterprise shall no longer bear liability for compensation.
Article 50 The remitter of a postal remittance may inquire with the postal enterprise by presenting the receipt within one year from the date of remittance. The postal enterprise shall inform the remitter of the inquiry result within 20 days from the date of inquiry. If the remittance is not found within the inquiry period, the postal enterprise shall refund the remittance and remittance fees to the remitter.
Chapter VI Express Delivery Services
Article 51: Those who engage in express delivery business must obtain an express delivery business operating license in accordance with the provisions of this Law; without permission, no unit or individual may engage in express delivery business.
Foreign investors are not allowed to invest in and operate domestic express delivery business of letters.
Domestic express delivery business refers to the express delivery business in which the entire process from collection to delivery takes place within the territory of the People's Republic of China.
Article 52 To apply for a courier business license, the following conditions must be met:
(1) Meet the requirements of an enterprise legal person;
(ii) For businesses operating within a province, autonomous region or municipality directly under the Central Government, the registered capital shall not be less than RMB 500,000; for businesses operating across provinces, autonomous regions or municipalities directly under the Central Government, the registered capital shall not be less than RMB 1 million; for businesses operating international express delivery business, the registered capital shall not be less than RMB 2 million;
(3) Having service capabilities that are appropriate to the geographical scope of the business application;
(4) Having a strict service quality management system and complete business operation specifications;
(5) Having sound security systems and measures;
(6) Other conditions prescribed by laws and administrative regulations.
Article 53 When applying for a license to operate express delivery business, if the business is operated within a province, autonomous region or municipality directly under the Central Government, the application shall be submitted to the postal administration agency of the province, autonomous region or municipality directly under the Central Government where the business is located; if the business is operated across provinces, autonomous regions or municipalities directly under the Central Government or if international express delivery business is operated, the application shall be submitted to the postal administration department of the State Council; when applying, an application form and relevant application materials shall be submitted.
The postal administration department that accepts the application shall review it within 45 days from the date of acceptance and make a decision to approve or disapprove. If approved, a courier business license shall be issued; if not approved, the applicant shall be notified in writing and the reasons shall be stated.
When reviewing applications for express delivery business licenses, the postal administration department shall consider factors such as national security and seek the opinions of relevant departments.
Applicants may only operate express delivery business after registering with the industrial and commercial administrative department in accordance with the law with an express delivery business license.
Article 54 Any enterprise engaged in express delivery business other than postal enterprises (hereinafter referred to as express delivery enterprises) that establishes a branch or merges or splits shall register with the postal administration department.
Article 55 Express delivery enterprises shall not operate the letter delivery business which is exclusively operated by postal enterprises, nor shall they deliver official documents of state organs.
Article 56 When express delivery enterprises engage in letter express delivery business outside the exclusive business scope of postal enterprises, they shall mark the word "letter" in a conspicuous position on the letter envelope.
Express delivery companies are not allowed to pack letters and deliver them as parcels.
Article 57: Enterprises engaged in international express delivery business shall be subject to supervision implemented by the postal administration and relevant departments in accordance with the law. The postal administration and relevant departments may require enterprises engaged in international express delivery business to provide customs declaration data.
Article 58 If an express delivery enterprise ceases to operate its express delivery business, it shall notify the postal administration department in writing, return its express delivery business license, and properly handle express parcels that have not yet been delivered in accordance with the regulations of the postal administration department of the State Council.
Article 59 The provisions of Article 6, Article 21, Article 22, Article 24, Article 25, paragraph 1 of Article 26, paragraph 2 of Article 35, and Article 36 of this Law on postal enterprises and their employees shall apply to express delivery enterprises and their employees; the provisions of Article 11 on mail handling places shall apply to express delivery handling places; the provisions of Article 3, paragraph 2, Article 26, paragraph 2, Article 35, paragraph 1, Article 36, and Article 37 on mail shall apply to express delivery; the provisions of Article 45, paragraph 2, on compensation for losses of mail shall apply to compensation for losses of express delivery.
Article 60: Industry associations established in accordance with the law by enterprises engaged in express delivery business shall formulate express delivery industry standards, strengthen industry self-discipline, provide information, training and other services to enterprises, and promote the healthy development of the express delivery industry in accordance with laws, administrative regulations and their articles of association.
Enterprises engaged in express delivery business should strengthen legal education, professional ethics education and business skills training for their employees.
Chapter VII Supervision and Inspection
Article 61 The postal administration department may adopt the following supervisory and inspection measures in accordance with the law to perform its supervisory and inspection duties: (a) enter a postal enterprise, express delivery enterprise or other place where activities suspected of violating this Law are taking place to conduct on-site inspections;
(2) Obtain information from relevant units and individuals;
(3) review and copy relevant documents, materials and vouchers;
(iv) With the approval of the head of the postal administration department, seal up the premises related to activities that violate this Law, seize the means of transport and related items used in activities that violate this Law, and open and inspect mail and express parcels other than letters that are suspected of containing prohibited or restricted items.
Article 62 The postal administration department may require postal enterprises and express delivery enterprises to report relevant operating conditions as needed to perform its supervisory and management duties.
Article 63 When the postal administration department conducts supervision and inspection, there shall be no less than two supervisors and inspectors, who shall show their law enforcement certificates. Relevant units and individuals shall cooperate with the supervision and inspection conducted by the postal administration department in accordance with the law and shall not refuse or obstruct it.
Article 64 Staff members of the postal administration department shall have the obligation to keep confidential the commercial secrets learned during supervision and inspection.
Article 65 Postal enterprises and express delivery enterprises shall promptly and properly handle users' objections to service quality. If users are dissatisfied with the handling results, they may file a complaint with the postal administration department, which shall promptly handle the complaint in accordance with the law and make a reply within 30 days from the date of receipt of the complaint.
Article 66 Any unit or individual has the right to report to the postal administration department any violation of the provisions of this Law. Upon receiving the report, the postal administration department shall promptly handle it in accordance with the law.
Chapter VIII Legal Liability
Article 67 If a postal enterprise provides postal universal service that does not meet the postal universal service standards, the postal administration department shall order it to correct the problem and may impose a fine of no more than RMB 10,000 yuan; if the circumstances are serious, a fine of no less than RMB 10,000 yuan but no more than RMB 50,000 yuan shall be imposed; and the directly responsible supervisors and other directly responsible persons shall be punished.
Article 68 If a postal enterprise stops or restricts the provision of postal universal service and special service, or cancels its postal business premises providing postal universal service without the approval of the postal administration department, the postal administration department shall order it to correct the violation and may impose a fine of not more than 20,000 yuan; if the circumstances are serious, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed; and the directly responsible supervisors and other directly responsible persons shall be punished.
Article 69 If a postal enterprise uses vehicles or vessels with special postal signs to engage in business activities other than mail delivery, or allows other units or individuals to use vehicles or vessels with special postal signs by leasing or other means, the postal administration department shall order it to correct the violation, confiscate the illegal gains, and may impose a fine of not more than 20,000 yuan; if the circumstances are serious, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed; and the directly responsible supervisors and other directly responsible persons shall be punished.
If employees of a postal enterprise use vehicles or vessels with special postal signs to engage in activities other than mail delivery, the postal enterprise shall order them to correct their behavior and impose disciplinary sanctions on them.
Article 70 Any employee of a postal enterprise who intentionally delays the delivery of mail shall be punished by the postal enterprise.
Article 71 Anyone who falsely claims, privately opens, conceals, destroys or illegally inspects other people's mail or express parcels, but does not constitute a crime, shall be subject to public security management punishment in accordance with the law.
Article 72: Any entity or individual that engages in express delivery business without obtaining an express delivery business license, or that engages in letter delivery business or delivery of official documents of state organs that is exclusively operated by postal enterprises, shall be ordered by the postal administration department or the industrial and commercial administration department to make corrections, have its illegal gains confiscated, and be fined not less than RMB 50,000 yuan but not more than RMB 100,000 yuan; if the circumstances are serious, a fine of not less than RMB 100,000 yuan but not more than RMB 200,000 yuan shall be imposed concurrently; the express delivery enterprises may also be ordered to suspend business for rectification or even have their express delivery business licenses revoked.
Anyone who violates the provisions of the second paragraph of Article 51 of this Law by engaging in domestic express delivery of letters shall be punished in accordance with the provisions of the preceding paragraph.
Article 73 If a courier enterprise commits any of the following acts, the postal administration department shall order it to make corrections and may impose a fine of up to RMB 10,000; if the circumstances are serious, a fine of between RMB 10,000 and RMB 50,000 may be imposed, and the enterprise may be ordered to suspend business for rectification:
(1) Establishing a branch, merger or division without filing it with the postal administration department;
(2) Failing to mark the word "letter" in a prominent position on the letter envelope;
(3) Packing letters and sending them as parcels;
(iv) ceasing to operate express delivery business without notifying the postal administration department in writing and returning the express delivery business license, or failing to properly handle undelivered express parcels in accordance with the regulations of the postal administration department of the State Council.
Article 74 If a postal enterprise or express delivery enterprise fails to clearly indicate its service rate standards to users in accordance with regulations, or commits other price violations, it shall be punished by the government price regulatory department in accordance with the provisions of the Price Law of the People's Republic of China.
Article 75 Where a postal enterprise or express delivery enterprise fails to establish or implement a system for inspection of received mail, or receives or delivers mail or express mail in violation of laws, administrative regulations, and the provisions of the State Council and its relevant departments on prohibited or restricted items, the directly responsible supervisors and other directly responsible persons of the postal enterprise shall be punished; for express delivery enterprises, the postal administration department may order them to suspend operations for rectification or even revoke their express delivery business license.
If a user conceals items that are prohibited or restricted from sending in mail or express parcels, and this does not constitute a crime, he or she will be subject to administrative penalties in accordance with the law.
If any illegal act as provided for in the preceding two paragraphs causes personal injury or property damage, the person shall bear liability for compensation in accordance with the law.
If postal enterprises and express delivery enterprises operating international mail delivery business, or users sending international mail items, violate the provisions of the Customs Law of the People's Republic of China and other relevant laws and administrative regulations, they shall be punished in accordance with the provisions of relevant laws and administrative regulations.
Article 76 Where a postal enterprise or express delivery enterprise illegally provides users with information on the use of postal services or express delivery services, and such provision does not constitute a crime, the postal administration department shall order it to make corrections, confiscate its illegal gains, and impose a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan; the directly responsible supervisors and other directly responsible persons of the postal enterprise shall be punished; for express delivery enterprises, the postal administration department may also order them to suspend operations for rectification or even revoke their express delivery business licenses.
If employees of postal enterprises or express delivery enterprises commit illegal acts as provided for in the preceding paragraph and such acts do not constitute a crime, the postal administration department shall order them to correct their behavior, confiscate their illegal gains, and impose a fine of not less than RMB 5,000 yuan but not more than RMB 10,000 yuan.
Article 77 Where a postal enterprise or express delivery enterprise refuses or obstructs supervision and inspection carried out in accordance with the law, and such action does not constitute a crime, it shall be subject to administrative penalties in accordance with the law; for express delivery enterprises, the postal administration department may also order them to suspend operations for rectification or even revoke their express delivery business license.
Article 78 If a postal enterprise and its employees, or a courier enterprise and its employees engage in conduct endangering national security in the course of their business activities, they shall be held accountable in accordance with the law; for courier enterprises, the postal administration department shall revoke their courier business license.
Article 79 Anyone who impersonates a postal enterprise or uses a special postal mark, or forges special postal products, or resells forged special postal products shall be ordered by the postal administration department to make corrections, and the forged special postal products and illegal gains shall be confiscated, and a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan shall be imposed.
Article 80 Anyone who commits any of the following acts, but does not constitute a crime, shall be given a public security administrative penalty in accordance with law:
(1) stealing, damaging or affecting the normal use of postal facilities;
(2) Forging postage vouchers or reselling forged postage vouchers;
(3) disrupting the normal order of postal business premises or express delivery business premises;
(4) Illegally intercepting, forcibly boarding, or hijacking a vehicle transporting mail or express mail.
Article 81 Where an express delivery business license is revoked for violation of the provisions of this Law, the operator shall not apply to operate express delivery business within three years from the date of revocation of the express delivery business license.
If an express delivery company’s express business license is revoked, it must apply for change of registration or cancellation of registration with the industrial and commercial administrative department in accordance with the law.
Article 82 Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal liability in accordance with the law.
Article 83 If the staff of the postal administration department abuses their power, neglects their duties, or engages in malpractice for personal gain in the course of supervision and management, and such acts constitute a crime, they shall be investigated for criminal liability in accordance with the law; if such acts do not constitute a crime, they shall be punished in accordance with the law.
Chapter IX Supplementary Provisions
Article 84 The following terms used in this Law have the following meanings:
Postal enterprises refer to China Post Group Corporation and its wholly-owned enterprises and holding companies that provide postal services.
Mailing refers to the activity of delivering letters, parcels, printed materials and other items to specific individuals or units according to the name and address on the package, including collection, sorting, transportation, and delivery.
Express delivery refers to the delivery activity that is completed quickly within the promised time limit.
Mail refers to letters, parcels, remittance advice, newspapers and other printed materials delivered by postal enterprises.
Express mail refers to letters, parcels, printed materials, etc. delivered by express delivery companies.
Letters refer to letters and postcards. Letters are sealed information carriers delivered to specific individuals or units in envelopes according to their names and addresses, and do not include books, newspapers, periodicals, etc.
A parcel refers to an independently packaged item delivered to a specific individual or organization according to the name and address on the package, with a weight not exceeding 50 kilograms, a size not exceeding 150 centimeters on any side, and a total length, width and height not exceeding 300 centimeters.
Ordinary mail refers to mail for which the postal service does not issue a receipt when it is sent or received and does not require the recipient to sign for it when it is delivered.
Registered mail refers to mail for which the postal enterprise issues a receipt to the sender when collecting and which is signed for by the recipient when delivered.
Postal facilities refer to postal business premises, mail processing places, postboxes, postal newsstands, letter boxes, etc. used to provide postal services.
Mail processing places refer to places specially used by postal enterprises for mail sorting, sealing, storage, exchange, transfer, and delivery.
International postal items refer to parcels and printed materials sent between users in the People's Republic of China and users in other countries or regions.
Postal-specific products refer to postal date stamps, postage machines, postal business documents, postal clamps, mail bags and other special mail containers.
Article 85: International freight forwarding companies that have been approved or filed with the State Council’s foreign trade department and registered with the industrial and commercial administration department in accordance with law before the promulgation of this Law and that are engaged in international express delivery business in accordance with relevant national regulations shall, with the approval or filing documents and business license, obtain express delivery business licenses from the State Council’s postal administration department. The State Council’s postal administration department shall notify the original industrial and commercial administration department where the company has registered of the situation of the company’s receipt of express delivery business licenses.
Except for the enterprises specified in the preceding paragraph, enterprises that have registered with the industrial and commercial administrative departments in accordance with the law before the promulgation of this Law and engage in express delivery business, if they do not meet the conditions for engaging in express delivery business specified in this Law, shall meet the conditions specified in this Law within the time limit specified by the postal administration department of the State Council. If they fail to meet the conditions specified in this Law within the time limit, they shall not continue to engage in express delivery business.
Article 86 Provinces, autonomous regions and municipalities directly under the Central Government shall, based on the actual conditions of their respective regions, formulate specific measures to support postal enterprises in providing universal postal services.
Article 87 This Law shall come into force on October 1, 2009.
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