Interim Regulations on Express Delivery
Order of the State Council of the People's Republic of China No.697
March 2, 2018
The Interim Regulations on Express Delivery, adopted at the 198th executive meeting of the State Council on February 7, 2018, are hereby promulgated for implementation as of May 1, 2018.
Li Keqiang, Premier
Interim Regulations on Express Delivery
Chapter I General Provisions
Article 1 In order to promote the healthy development of the express delivery industry, ensure the express delivery safety, safeguard the legitimate rights and interests of express delivery users and toughen the regulation of the express delivery industry, the Regulations are enacted in accordance with the Postal Law of the People's Republic of China and other relevant laws.
Article 2 The Regulations apply to the operations of express delivery business, the acceptance of express delivery services, and the supervision and administration of the of the express delivery business within the territory of the People's Republic of China.
Article 3 The local people's governments at different levels shall create a sound environment for the operators engaging in the express delivery industry, support express delivery operators in innovating business patterns and service modes, guide express delivery operators to tighten up the management of service quality, improve rules and regulations, optimize safety safeguard measures and provide users with rapid, accurate, safe and convenient express delivery services.
The local people's governments at different levels shall ensure their relevant actions comply with the requirements for fair competition and the relevant laws and regulations and preserve the competition order in the express delivery industry rather than issue the policies and measures which violate fair competition and may bring about regional blockade and industrial monopoly.
Article 4 No entity or individual shall be engaged in activities that may endanger state security, social public interests or the legitimate rights and interests of others by taking advantage of correspondence, packages, prints and other articles sent by post (collectively referred to as "express mails").
Except that the relevant departments have the right to inspect Express Mails according to laws, no entity or individual shall illicitly inspect the express mails of others. No entity or individual shall open, conceal, destroy and discard or resell the express mails of others without authorization.
Article 5 The postal administration department under the State Council shall be responsible for exercising regulation of the express delivery industry across China. The relevant departments under the State Council such as the public security department, the state security department, the general administration of customs, the industrial and commercial administration and the import-export inspection and quarantine department shall be responsible for the relevant regulation of express delivery within their respective competence.
The postal administrations of all provinces, autonomous regions and municipalities directly under the Central Government and the postal administrations below the provincial level established subject to the provisions of the State Council shall be responsible for exercising the regulation of the express delivery industry within their jurisdiction. The relevant departments of the people's governments above the county level shall be responsible for the relevant regulation of express delivery within their respective competence.
Article 6 The postal administration department under the State Council, the postal administrations of all provinces, autonomous regions and municipalities directly under the Central Government and the postal administrations below the provincial level (collectively referred to as the "postal administrations") shall cooperate with the public security, state security, customs, industrial and commercial administration, entry-exit inspection and quarantine departments, establish and optimize the express delivery safety regulation mechanism, strengthen the monitoring and early warning of the safe operation of the express delivery industry, collect and share the information related to the safe operation of the express delivery industry and deal with the incidents affecting the safe operation of the express delivery industry according to the law.
Article 7 The express delivery trade associations established according to the law shall protect the legitimate rights and interests of enterprises, strengthen industry self-regulation, encourage enterprises to operate business in a lawful, honest and safe manner, urge enterprises to fulfill their main responsibility for work safety and guide enterprises to constantly improve express delivery service quality and level.
Article 8 The state shall strengthen the building of the credit system in the express delivery industry, establish and improve the credit record, information disclosure and credit scoring systems in the express delivery industry, implement joint punishment measures according to the law and improve the credit level of the express delivery industry.
Article 9 The state shall encourage express delivery operators and senders to use degradable and reusable environmentally friendly packing materials, and encourage express delivery operators to take steps to recycle express delivery packing materials so as to reduce the usage of packing materials and recycle the packing materials.
Chapter II Development Safeguards
Article 10 The postal administration department under the State Council shall formulate the development plan for the express delivery industry and promote the healthy development of the express delivery industry.
The local people's governments above the county level shall incorporate the development of the express delivery industry into the national economic and social development plan at the same level and take account of the demands for land used for large-scale express mail distribution, sorting and other infrastructures in urban and rural pans and overall land use plans.
Local people's governments above the county level shall establish sound policy measures for promoting the healthy development of the express delivery industry, improve the related supporting regulations, and protect the legitimate rights and interests of express delivery operators and their practitioners in accordance with the law.
Article 11 The state supports and encourages express delivery operators to develop express delivery service networks in rural and remote areas, and improve the network layout of express delivery terminal outlets.
Article 12 The state encourages and guides express delivery operators to employ advanced technologies to accelerate the promotion and application of, among others, automated sorting equipment, mechanical loading and unloading equipment, intelligent terminal service facilities, express electronic waybills and express mail information management systems.
Article 13 The public security and transport departments of the people's governments above the county level and the postal administrations shall enhance coordination and collaboration, establish and optimize the express delivery transport guarantee mechanism, and guarantee the passage and temporary parking rights of express delivery vehicles according to the law instead of forbidding the passage of express delivery vehicles according to the law.
Postal administrations shall, in concert with the public security and other departments of the people's governments above the county level regulate the administration and use of express delivery vehicles in accordance with the law, set forth the provisions on the travel speed and loading mass of electric tricycles dedicated to express delivery and enhance the management of the unified numberings and identifiers of express delivery vehicles.
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Order of the State Council of the People's Republic of China No.697
March 2, 2018
The Interim Regulations on Express Delivery, adopted at the 198th executive meeting of the State Council on February 7, 2018, are hereby promulgated for implementation as of May 1, 2018.
Li Keqiang, Premier
Interim Regulations on Express Delivery
Chapter I General Provisions
Article 1 In order to promote the healthy development of the express delivery industry, ensure the express delivery safety, safeguard the legitimate rights and interests of express delivery users and toughen the regulation of the express delivery industry, the Regulations are enacted in accordance with the Postal Law of the People's Republic of China and other relevant laws.
Article 2 The Regulations apply to the operations of express delivery business, the acceptance of express delivery services, and the supervision and administration of the of the express delivery business within the territory of the People's Republic of China.
Article 3 The local people's governments at different levels shall create a sound environment for the operators engaging in the express delivery industry, support express delivery operators in innovating business patterns and service modes, guide express delivery operators to tighten up the management of service quality, improve rules and regulations, optimize safety safeguard measures and provide users with rapid, accurate, safe and convenient express delivery services.
The local people's governments at different levels shall ensure their relevant actions comply with the requirements for fair competition and the relevant laws and regulations and preserve the competition order in the express delivery industry rather than issue the policies and measures which violate fair competition and may bring about regional blockade and industrial monopoly.
Article 4 No entity or individual shall be engaged in activities that may endanger state security, social public interests or the legitimate rights and interests of others by taking advantage of correspondence, packages, prints and other articles sent by post (collectively referred to as "express mails").
Except that the relevant departments have the right to inspect Express Mails according to laws, no entity or individual shall illicitly inspect the express mails of others. No entity or individual shall open, conceal, destroy and discard or resell the express mails of others without authorization.
Article 5 The postal administration department under the State Council shall be responsible for exercising regulation of the express delivery industry across China. The relevant departments under the State Council such as the public security department, the state security department, the general administration of customs, the industrial and commercial administration and the import-export inspection and quarantine department shall be responsible for the relevant regulation of express delivery within their respective competence.
The postal administrations of all provinces, autonomous regions and municipalities directly under the Central Government and the postal administrations below the provincial level established subject to the provisions of the State Council shall be responsible for exercising the regulation of the express delivery industry within their jurisdiction. The relevant departments of the people's governments above the county level shall be responsible for the relevant regulation of express delivery within their respective competence.
Article 6 The postal administration department under the State Council, the postal administrations of all provinces, autonomous regions and municipalities directly under the Central Government and the postal administrations below the provincial level (collectively referred to as the "postal administrations") shall cooperate with the public security, state security, customs, industrial and commercial administration, entry-exit inspection and quarantine departments, establish and optimize the express delivery safety regulation mechanism, strengthen the monitoring and early warning of the safe operation of the express delivery industry, collect and share the information related to the safe operation of the express delivery industry and deal with the incidents affecting the safe operation of the express delivery industry according to the law.
Article 7 The express delivery trade associations established according to the law shall protect the legitimate rights and interests of enterprises, strengthen industry self-regulation, encourage enterprises to operate business in a lawful, honest and safe manner, urge enterprises to fulfill their main responsibility for work safety and guide enterprises to constantly improve express delivery service quality and level.
Article 8 The state shall strengthen the building of the credit system in the express delivery industry, establish and improve the credit record, information disclosure and credit scoring systems in the express delivery industry, implement joint punishment measures according to the law and improve the credit level of the express delivery industry.
Article 9 The state shall encourage express delivery operators and senders to use degradable and reusable environmentally friendly packing materials, and encourage express delivery operators to take steps to recycle express delivery packing materials so as to reduce the usage of packing materials and recycle the packing materials.
Chapter II Development Safeguards
Article 10 The postal administration department under the State Council shall formulate the development plan for the express delivery industry and promote the healthy development of the express delivery industry.
The local people's governments above the county level shall incorporate the development of the express delivery industry into the national economic and social development plan at the same level and take account of the demands for land used for large-scale express mail distribution, sorting and other infrastructures in urban and rural pans and overall land use plans.
Local people's governments above the county level shall establish sound policy measures for promoting the healthy development of the express delivery industry, improve the related supporting regulations, and protect the legitimate rights and interests of express delivery operators and their practitioners in accordance with the law.
Article 11 The state supports and encourages express delivery operators to develop express delivery service networks in rural and remote areas, and improve the network layout of express delivery terminal outlets.
Article 12 The state encourages and guides express delivery operators to employ advanced technologies to accelerate the promotion and application of, among others, automated sorting equipment, mechanical loading and unloading equipment, intelligent terminal service facilities, express electronic waybills and express mail information management systems.
Article 13 The public security and transport departments of the people's governments above the county level and the postal administrations shall enhance coordination and collaboration, establish and optimize the express delivery transport guarantee mechanism, and guarantee the passage and temporary parking rights of express delivery vehicles according to the law instead of forbidding the passage of express delivery vehicles according to the law.
Postal administrations shall, in concert with the public security and other departments of the people's governments above the county level regulate the administration and use of express delivery vehicles in accordance with the law, set forth the provisions on the travel speed and loading mass of electric tricycles dedicated to express delivery and enhance the management of the unified numberings and identifiers of express delivery vehicles.
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