Postal Law of the People's Republic of China (Amended in 2012)
Postal Law of the People's Republic of China (Amended in 2012)
Postal Law of the People's Republic of China (Amended in 2012)
Order of the President of the People's Republic of China No. 70
October 26, 2012
(Adopted at the 18th meeting of the Standing Committee of the 6th National People's Congress on December 2, 1986 and revised at the 8th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on April 24, 2009, and amended at the 29th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on October 26, 2012)
Contents
Chapter I General Provisions
Chapter II Postal Facilities
Chapter III Postal Services
Chapter IV Postal Charges
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 enacted for the purposes of safeguarding universal postal services, strengthening the supervision and administration of postal markets, maintaining the security of postal correspondence and information, protecting the freedom and privacy of correspondence, protecting the legitimate rights and interests of customers, promoting the healthy development of the postal industry, and meeting social and economic developmental needs and people's living needs.
Article 2 The State guarantees universal postal services within the territory of the People's Republic of China.
Postal enterprises are obliged to provide universal postal services in accordance with the regulations of the State.
The State Council and local people's governments at all levels as well as their relevant departments shall take measures to support postal enterprises that provide universal postal services.
In this Law, the term "universal postal services" refers to postal services continuously provided to all the customers within the territory of the People's Republic of China in accordance with the business scope, service standards and charging rates specified by the State.
Article 3 The freedom and privacy of citizens' correspondence are protected by law. No organization or individual may infringe the freedom and privacy of any citizen's correspondence for any reason, unless the public security organs, national security organs or procuratorial organs examine correspondence in accordance with the procedures specified in relevant laws for the purpose of national security or criminal investigation.
No organization or individual may examine or retain any mail or remittance, unless otherwise specified by law.
Article 4 The postal administrative department of the State Council is responsible for the supervision and administration of the universal postal services and postal markets nationwide.
The postal administrative authority of a province, autonomous region or municipality directly under the Central Government is responsible for the supervision and administration of the universal postal services and postal markets within its administrative area.
A postal administrative authority below the provincial level which is established according to the regulations of the State Council is responsible for the supervision and administration of the universal postal services and postal markets within its jurisdiction.
The postal administrative authority of the State Council, the postal administrative authority of a province, autonomous region or municipality directly under the Central Government or a postal administrative authority below the provincial level (hereinafter referred to as the "postal administrative department") shall supervise and administer postal markets according to the principles of openness, fairness, impartiality and encouraging competition and promoting development.
Article 5 Correspondence delivery services under the scope specified by the State Council are operated exclusively by postal enterprises.
Article 6 Postal enterprises shall strengthen service quality management and improve security measures to provide customers with prompt, accurate, safe, and convenient services.
Article 7 The Postal Administrative Departments, public security organs, national security organs, and customs authorities shall cooperate with each other to establish a sound security guarantee mechanism, strengthen the supervision and administration of the security of postal correspondence and information, and ensure the security of postal correspondence and information.
Chapter II Postal Facilities
Article 8 The layout and construction of postal facilities shall meet the need of guaranteeing universal postal services.
The local people's governments at all levels shall include the layout and construction of postal facilities in their urban and rural planning and provide support for the construction of postal facilities providing universal postal services and focus on the construction of postal facilities in rural, border or remote areas.
Supporting postal facilities providing universal postal services shall be constructed while new urban districts, independent industrial and mining areas, development zones, and residential areas are construction or old towns are rebuilt.
The postal network consisting of postal facilities providing universal postal services, etc. is an important item of national communication infrastructure.
Article 9 Postal facilities shall be set up in accordance with standards specified by the State.
Post offices that provide universal postal services shall be set up in larger stations, airports, ports, higher education institutions, and hotels.
Any postal enterprise that seeks to set up or close a post office shall notify the Postal Administrative Department in writing in advance; any proposal to close down a post office that provides universal postal services shall be subject to the approval of the Postal Administrative Department and an announcement thereby.
Article 10 State organs, enterprises and public institutions shall establish places to receive mail. Village postal stations or other places to receive mail shall be gradually set up in rural areas.
Where an urban residential building is established, a letterbox shall be set up to receive mail, and mail shall be accepted and checked in accordance with the standards specified by the State. Where the construction unit fails to set up a letterbox in accordance with the standards specified by the State, the Postal Administrative Department shall order such unit to make corrections within a time limit; where it fails to make corrections within such time limit, the Postal Administrative Department shall designate another unit to establish the letterbox and the construction unit of the residential building concerned shall undertake the expenses as incurred.
Article 11 Mail processing centers shall be designed and constructed in a manner that meets the requirements of national security organs and customs authorities regarding legal performance of their responsibilities.
Article 12 Where a post office or mail processing center is requisitioned, the competent urban and rural planning authority shall make an appropriate arrangement for the post office or mail processing center to be re-established in accordance with the requirement of guaranteeing universal postal services; no such requisition shall proceed until such appropriate arrangement is made.
Prior to the re-establishment of post offices or mail processing centers, postal enterprises shall take measures to guarantee the normal operation of universal postal services.
Article 13 Postal enterprises shall regularly maintain the postal facilities they set up to guarantee the normal operation of such postal facilities.
No entity or individual may damage postal facilities or affect the normal operation of such postal facilities.
Chapter III Postal Services
Article 14 Postal enterprises operate the following services:
1. mail delivery;
2. postal remittances and savings;
3. issuance of stamps and production and sale of philatelic products;
4. distribution of publications such as domestic magazines and books; and
5. other services specified by the State.
Article 15 Postal enterprises shall provide universal postal services for the delivery of correspondence, printed materials that are not heavier than five five5 kilograms, parcels that are not heavier than ten kilograms, and postal remittances.
Postal enterprises shall, according to the regulations of the State, provide special postal services such as the issuance of confidential correspondence, the distribution of magazines specified by the State, and the free delivery of ordinary correspondence by compulsory servicemen, Braille reading materials, and the legacies of revolutionary martyrs.
No postal enterprise may cease or restrict the provision of services specified in the two preceding paragraphs without the approval of the Postal Administrative Department; where any such service is ceased or restricted due to force majeure or another special reason, the postal enterprise shall make a timely announcement, take corresponding remedial measures, and report the same to the Postal Administrative Department.
Universal postal service standards are formulated by the postal administrative department under the State Council in conjunction with other relevant departments under the State Council; specific measures for the supervision and administration of universal postal services are formulated by the postal administrative department under the State Council.
Article 16 The State shall provide subsidies to postal enterprises for providing universal postal services and special postal services and shall strength its supervision over the use of subsidy funds.
Article 17 The State sets up a universal postal services fund. Specific measures for the collection, use, supervision and administration of such fund shall be formulated by the finance department under the State Council in conjunction with other relevant departments under the State Council, which shall be promulgated and come into force upon approval of the State Council.
Article 18 Postal enterprises shall operate universal postal services and competitive postal services separately.
Article 19 Postal enterprises in cities shall have no less than six business days a week and deliver mail at least once a day; postal enterprises in the places where the people's governments of villages and towns are located shall be no less than five days a week and deliver mail at least five times a week.
The postal administrative department under the State Council may formulate separate provisions on the business hours and frequency of delivery of postal enterprises in border or remote areas with poor traffic conditions and other areas of villages and towns.
Article 20 Postal enterprises shall deliver mail according to delivery time limits and service standards specified by the postal administrative department under the State Council.
Article 21 Postal enterprises shall publicize, or otherwise announce, at their places of business the types of services they provide, their business hours, postage rates, inquiry about mail and remittances and measures for compensation for lost mail and remittances, and arrangements for customer complaints about the quality of their services.
Article 22 Where postal enterprises use standard clauses that they provide to define the rights and obligations between them and customers, such standard clauses shall be subject to the provisions of the Contract Law of the People's Republic of China regarding standard clauses of contracts.
Article 23 When sending mail, the customer shall clearly and accurately write the name and address of the recipient and the corresponding postal code.
......