Measures for the Supervision and Administration of the Delivery Safety of the Postal Industry

Measures for the Supervision and Administration of the Delivery Safety of the Postal Industry Order of the Ministry of Transport of the People's Republic of China (No. 1 [2020]) The Measures for the Supervision and Administration of the Delivery Safety of the Postal Industry, as adopted at the 30th executive meeting of the Ministry of Transport on December 18, 2019, are hereby issued, and shall come into force on February 15, 2020. Minister: Li Xiaopeng January 2, 2020 Measures for the Supervision and Administration of the Delivery Safety of the Postal Industry Article 1 For the purposes of strengthening the administration of the delivery safety of the postal industry, maintaining postal communication and information security, safeguarding the personal and property safety of practitioners and users, and promoting the sustainable and sound development of the postal industry, these Measures are developed in accordance with the Postal Law of the People's Republic of China, the Interim Regulation on Express Delivery and other laws and administrative regulations. Article 2 These Measures shall apply to the provision of postal services and express delivery services, the acceptance of postal services and express delivery services, and the supervision and administration of the delivery safety of the postal industry within the territory of the People's Republic of China. Article 3 The postal administrative department of the State Council, the postal administrative institutions of provinces, autonomous regions, and municipalities directly under the Central Government, and the postal administrative institutions below the provincial level established in accordance with the provisions issued by the State Council (hereinafter collectively referred to as “postal administrative departments”) shall be responsible for the supervision and administration of the delivery safety of the postal industry. Article 4 Postal administrative departments shall cooperate with relevant departments, improve the safety guarantee mechanism, and strengthen the supervision and administration of the delivery safety of the postal industry. Article 5 Postal enterprises and express delivery enterprises shall abide by the provisions issued by the state on safety administration, and shall not jeopardize national security, public interests, or the legitimate rights and interests of others. Article 6 Where a unified trademark, trade name, or express waybill is used for providing express delivery services, the enterprise owing the trademark, trade name or express waybill shall conduct unified administration of the safety guarantee of enterprises using the trademark, trade name or express waybill, and supervise the implementation of the safety administration system for the postal industry by enterprises using its trademark, trade name or express waybill. Article 7 Users shall, when sending mails and express items for delivery, abide by the provisions issued by the state on the articles prohibited or restricted from delivery, and shall not jeopardize national security, public interests, or the legitimate rights and interests of others by utilizing mails or express items. Article 8 No entity or individual may falsely claim, unseal without permission, hide, destroy, resell at a profit, or illegally inspect or withhold others' mails or express items or destroy postal facilities or express delivery facilities or affect the normal functioning of facilities. Article 9 When sending or receiving for delivery mails and express items, the administration system of real-name acceptance of articles for delivery shall be observed. Article 10 Postal enterprises and express delivery enterprises shall legally check whether the articles sent by users for delivery are within the scope of those prohibited or restricted from delivery, verify the names, nature, and quantity, among others, of the articles are consistent with the information shown on or connected with detailed delivery lists; where articles are received for delivery, the check marks shall be put in accordance with the provisions issued by the postal administrative department of the State Council. Where users need to provide the relevant written certificates according to the relevant provisions issued the state, postal enterprises and express delivery enterprises shall require users to provide the originals of the certificates, and may not receive them for delivery until no error is found upon verification. Article 11 Where a postal enterprise or an express delivery enterprise finds any article prohibited from delivery in the process of receiving a mail or express item for delivery, it shall refuse to accept the mail or express delivery for delivery; and if a suspected article prohibited from delivery is found in a mail or express delivery that has been accepted for delivery, the sorting, transport, and delivery thereof shall be stopped immediately. For an article in a mail or express item, which shall be confiscated or destroyed according to the law or which may involve a violation of law or crime, the enterprise shall immediately report to the relevant departments and cooperate in the investigation and disposition thereof; and for any other article prohibited or restricted from delivery or an article other than those prohibited from delivery also subject to investigation and disposition thereof, the postal enterprise or express delivery enterprise shall notify the sender or recipient, and handle it properly according to the law. Article 12 Postal enterprises and express delivery enterprises shall conduct safety inspections of mails and express items in accordance with the provisions issued by the postal administrative department of the State Council, and put safety inspection marks on mails and express items that pass safety inspections. Where a third-party enterprise is authorized to conduct safety inspection of mails and express items, the postal enterprise and the express delivery enterprise shall not be exempt from the responsibility for the safety of mails and express items. Postal enterprises, express delivery enterprises or third-party enterprises authorized shall use safety inspection equipment that meet compulsory national standards and strengthen the background review of and technical trainings for safety inspectors to ensure that they have the knowledge and skills necessary for safety inspections. Article 13 Where a postal......