Postal Law of the People's Republic of China (2015Amendment)

Postal Law of the People's Republic of China (2015Amendment) Postal Law of the People's Republic of China (Adopted at the 18th meeting of the Standing Committee of the 6th National People's Congress on December 2, 1986, revised at the 8th meeting of the Standing Committee of the 11th National People's Congress on April 24, 2009, amended for the first time in accordance with the Decision on Amending the Postal Law of the People's Republic of China adopted at the 29th meeting of the Standing Committee of the 11th National People's Congress on October 26, 2012; and amended for the second time in accordance with the Decision on Amending the Five Laws Including the Compulsory Education Law of the People's Republic of China adopted at the 14th Session of the Twelfth National People's Congress on April 24, 2015) Contents Chapter I General Provisions Chapter II Postal Facilities Chapter III Postal Services Chapter IV Postal Rates Chapter V Compensation for Losses Chapter VI Express Delivery Chapter VII Supervision and Inspection Chapter VIII Legal Liability Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated for purposes of guaranteeing the universal postal services, strengthening the supervision and administration of the postal market, maintaining the safety of postal correspondence and information, protecting the freedom and privacy of correspondence, protecting the legitimate rights and interests of customers, promoting the sound development of the postal industry and meeting the needs for economic and social development and people's life. Article 2 The state shall guarantee the universal postal services within the territory of the People's Republic of China. Postal enterprises shall have the obligation of providing the universal postal services according to the state provisions. The State Council, the local people's governments at all levels and the relevant departments thereof shall take measures to support postal enterprises in providing the universal postal services. For the purposes of this Law, “universal postal services” means the postal services continuously provided for all customers in the territory of the People's Republic of China at reasonable fee rates according to the business scope and service standards prescribed by the state. Article 3 The freedom and privacy of correspondence of citizens shall be protected by law. No organization or individual shall infringe upon the freedom and privacy of correspondence of citizens under any pretext, provided however that as needed for protecting the national security or investigating criminal offences, the public security organs, national security organs or procuratorial organs may inspect the correspondence of citizens under statutory procedures. Except as otherwise provided for by law, no organization or individual shall inspect or withhold mails or remittances. Article 4 The postal administrative department of the State Council shall be responsible for the national supervision and administration of the universal postal services and the postal market. The postal administrative departments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision and administration of the universal postal services and the postal market within their respective administrative regions. The postal administrative departments below the provincial level as established in accordance with the provisions of the State Council shall be responsible for the supervision and administration of the universal postal services and the postal market within their respective administrative regions. The postal administrative department of the State Council, the postal administrative departments of provinces, autonomous regions and municipalities directly under the Central Government and the postal administrative departments below the provincial level (hereinafter together referred to as the “postal administrative departments”) shall supervise and administer the postal market under the principles of openness, fairness, justness, encouraging competition and promoting development. Article 5 The correspondence delivery services within the scope prescribed by the State Council shall be exclusively provided by postal enterprises. Article 6 Postal enterprises shall strengthen their service quality control and improve their safety protection measures to provide swift, accurate, safe and convenient services for customers. Article 7 The postal administrative departments, public security organs, national security organs and customs shall cooperate with each other, set up a sound safety guarantee mechanism, and strengthen the safety supervision and administration of postal correspondence and information to ensure the safety of postal correspondence and information. Chapter II Postal Facilities Article 8 The layout and construction of postal facilities shall meet the needs for guaranteeing the universal postal services. The local people's governments at all levels shall bring the layout and construction of postal facilities into their urban and rural planning, and support the construction of postal facilities for providing universal postal services, especially the construction of postal facilities in the outlying rural areas. The construction of new urban areas, independent industrial and mining areas, development zones or residential areas, or the reconstruction of old urban areas shall be accompanied with the construction of corresponding postal facilities for providing universal postal services. The postal network consisting of postal facilities for providing universal postal services, etc. shall be important correspondence infrastructure of the state. Article 9 Postal facilities shall be set up according to the standards prescribed by the state. Post offices which provide universal postal services shall be set up at larger stations, airports, ports, institutions of higher learning and hotels. To set up or cancel a post office, a postal enterprise shall notify the postal administrative department in writing beforehand; however, the cancellation of a post office which provides universal postal services shall be subject to the approval of the postal administrative department, and if approved, shall be announced publicly. Article 10 State organs, enterprises and public institutions shall set up places for receiving correspondence. Village postal stations or other places for receiving correspondence shall be gradually set up in rural areas. Mailboxes shall be installed in the construction of urban residential buildings and be inspected and accepted upon completion according to the standards prescribed by the state. Where the construction entity fails to install mailboxes according to the standards prescribed by the state, the postal administrative department shall order it to make correction within a prescribed time limit; if the construction entity fails to do so, the postal administrative department shall designate another entity to install the mailboxes, and the costs necessary for the installation shall be paid by the construction entity of the residential building. Article 11 The design and construction of mail processing centers shall meet the requirements for the national security organs and customs to perform their functions according to law. Article 12 To expropriate a post office or mail processing center, the competent urban-rural planning department shall make proper arrangements on the reestablishment of the post office or mail processing center according to the requirements for guaranteeing the universal postal services. No postal office or mail processing center shall be expropriated before such proper arrangements are made. Before the reestablishment of an expropriated post office or mail processing center, the postal enterprise shall take measures to guarantee the normal provision of universal postal services. Article 13 Postal enterprises shall regularly maintain the postal facilities set up by them to ensure the normal functioning of such facilities. No entity or individual shall damage or destroy any postal facility or affect the normal functioning of any postal facility. Chapter III Postal Services Article 14 Postal enterprises may provide the following services: 1. mail delivery; 2. postal remittance and postal savings; 3. issuing of stamps and making and selling of philatelic products; 4. distribution of domestic newspapers and periodicals, books and other publications; and 5. other services as prescribed by the state. Article 15 Postal enterprises shall provide universal postal services for the delivery of correspondence, printed matters no heavier than 5 kg each and parcels no heavier than 10 kg each and the postal remittance. Postal enterprises shall, according to the state provisions, provide such special services as delivery of confidential correspondence, distribution of state-specified newspapers and periodicals and free delivery of ordinary correspondence of compulsory servicemen, Braille reading matters and legacies of revolutionary martyrs. Without the approval of the postal administrative department, no postal enterprise shall cease or restrict the provision of any of the services prescribed in the preceding two paragraphs. In the case of temporally ceasing or restricting the provision of any service above for a force majeure or any other special reason, a postal enterprise shall make a timely announcement, take corresponding remedial measures, and report to the postal administrative department. The standards for the universal postal services shall be formulated by the postal administrative department of the State Council in conjunction with other relevant departments of the State Council. The specific measures for the supervision and administration of the universal postal services shall be formulated by the postal administrative department of the State Council. Article 16 The state shall subsidize the postal enterprises which provide universal postal services and special services, and strengthen the supervision over the use of subsidies. Article 17 The state shall set up a universal postal service fund. The specific measures for the collection, use, supervision and administration of the fund shall be formulated by the public finance department of the State Council in conjunction with other relevant departments of the State Council, and be promulgated for enforcement upon the approved of the State Council. Article 18 Postal enterprises shall separate their universal postal services from their competitive services in business operations. Article 19 In an urban area, postal enterprises shall be open for business at least six days a week and deliver mails at least once a day; in an area where the people's government of a township or town is located, postal enterprises shall be open for business at least five days a week and deliver mails at least five times a week. The business hours and postal delivery frequencies of postal enterprises in outlying areas with poor traffic conditions and other areas of townships and towns may be separately provided for by the postal administrative department of the State Council. Article 20 Postal enterprises shall deliver postal matters according to the time limits and service norms prescribed by the postal administrative department of the State Council. Article 21 A postal enterprise shall publish its service types, business hours, charge rates, methods for tracking mails and remittances, methods for compensation for losses, and ways for customer complaints about its service quality at its business premises or by other means. Article 22 Where a postal enterprise offers its standard clauses for defining the rights and obligations of it and customers, the standard clauses shall be governed by the provisions of the Contract Law of the People's Republic of China on the standard clauses of a contract. Article 23 To send a mail, a customer shall clearly and accurately write the name, address and postal code of the recipient on the mail. Postal enterprises shall provide customers with the postal code inquiry service free of charge at their post offices. Postal codes shall be made according to the coding rules formulated by the postal administrative department of the State Council. The postal administrative departments shall supervise the coding and use of postal codes according to law. Article 24 Postal enterprises shall, when receiving and delivering mails, abide by laws, administrative regulations and provisions of the State Council and the relevant departments of the State Council on items prohibited or restricted from delivery, and so shall customers when sending mail. Article 25 Postal enterprises shall set up and implement a system for checking the inside of mail received for delivery. For correspondence sent by customers, postal enterprises may require customers to unseal them for checking the inside when necessary, but shall not examine the texts of correspondence. If a customer refuses to unseal his/her letter, a postal enterprise shall not accept the letter for delivery. For mail other than correspondence, a postal enterprise shall check the inside of a mail on the spot. If a customer refuses the check, the postal enterprise shall not accept the mail for delivery. Article 26 Where a postal enterprise finds any item prohibited or restricted from delivery inside a mail, it shall handle it according to the relevant state provisions. Where any mail entering or exiting the territory of the People's Republic of China contains any item prohibited or restricted from entry or exit, the customs shall handle it according to law. Article 27 For mail consigned by postal enterprises which provide the universal postal services, the railway, road, waterway and air transport enterprises shall give priority to arranging the transport thereof, and stations, ports and airports shall arrange loading and unloading spots and passages for mail. Article 28 When vehicles and ships bearing an exclusive postal mark enter or leave ports or pass ferries, priority shall be given to the release thereof. Where a vehicle bearing an exclusive postal mark, for delivering mail, needs to pass a section of road closed by the traffic control department of the public security organ or park at a no-parking spot, upon the approval of the traffic control department of the public security organ, it may pass the closed section of road or park at the no-parking spot, provided that safety is ensured. No postal enterprise shall use any vehicle or ship bearing an exclusive postal mark for business operations other than mail delivery or permit any other entity or individual to use a vehicle or ship bearin......