Measures of Guangdong Province on Administration of Postal Industry

· Document Number：Decree No. 131 of the People's Government of Guangdong Province

· Area of Law： Post and Telecommunications

· Level of Authority： Local Government Rules

· Date issued：01-22-2009

· Status： Effective

· Issuing Authority： Guangdong Province

Measures of Guangdong Province on Administration of Postal Industry
Decree of the People's Government of Guangdong Province
No. 131
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Postal Law of the People's Republic of China, by taking into consideration the particular circumstances of this Province, and for the purposes of regulating the market order in postal industry, ensuring smooth and safe postal communications, and promoting the development of postal industry.
Article 2 These Measures are applicable to those who engage in postal industry construction, service and management activities within the administrative area of this Province.
The term "postal industry" mentioned in these Measures includes the postal services provided by the postal system of the State and the postal services provided by other mail delivery service enterprises.
Article 3 The provincial department of postal services administration is in charge of the work on the administration of the postal industry within the administrative area of this Province.
Postal administration offices set up within the administrative area of this Province are agencies dispatched by the provincial department of postal services administration, and are responsible for the administration of postal industry within the areas under their respective jurisdiction.
Relevant departments such as departments for industry and commerce and departments of public security, State security, customs, inspection and quarantine, and civil aviation shall, in accordance with their respective functions and responsibilities, assist in doing well in the administration of postal industry.
Article 4 People's governments at all levels shall make great efforts to develop postal industry, and offer necessary support to postal service enterprises, other mail delivery service enterprise, and rural postal communications.
People's governments at all levels shall, in accordance with the requirements of equality of rural and urban public services, build rural postal service stations (hereinafter referred to as rural postal stations) in all villages, and realize proper delivery to all homes.
The term "postal service enterprises" mentioned in these Measures refers to the enterprises that provide postal services within the postal system of the State; The term "other mail delivery service enterprises" mentioned in these Measures reefers to the enterprises that provide mail delivery services outside the postal system of the State.
Article 5 Postal service enterprises are obligated to provide the public with universal postal services, and shall provide users with postal services at such standards no lower than the Standards for Universal Postal Services.
Chapter II Planning and Construction
Article 6 People's governments at all levels shall incorporate the development of postal industry into local economic and social development planning, land use planning and urban and rural planning.
The provincial department of postal services administration shall, in accordance with national economic and social development planning, land use planning and urban and rural planning, organize the preparation of the provincial postal industry development planning.
Postal industry development planning shall include the planning on construction of rural postal stations.
Article 7 A postal service enterprise shall set up postal outlets in accordance with the requirements of postal industry development planning, population density, and postal communications, and by taking into consideration the requirements of urban landscapes.
Article 8 An administrative village shall have at least one rural postal station, which is responsible for collecting and properly delivering mails from and to the village and handling subscription to Party newspapers and publications and may also sell stamps and a part of postal supplies.
The location of a rural postal station shall comply with the requirements of land use planning and village planning and be convenient for villagers to use postal communications.
Rural postal stations shall employ staff members to provide services, and ensure the safety of mails.
The provincial department of postal services administration is responsible for coordinate construction of rural postal stations between local governments and postal service enterprise.
Article 9 The land required for construction of a postal outlet shall be arranged by the competent land and resources department and the competent planning department based on public utilities.
The land for construction of non-profit-making postal facilities shall be provided by the people's governments at or above the county level in accordance with the provisions of laws and regulations with respect to land administration.
Article 10 When building, altering or expanding urban residential areas, industrial and mining districts, commercial districts, development zones, tourist spots, airports, stations, or ports, relevant planning departments, construction units and postal service enterprises shall incorporate the work places, entrance and exit passages and other postal facilities for postal outlets and mail loading, unloading and transportation into the scope of supporting facilities for relevant projects, and plan and set up them simultaneously.
Article 11 As for a newly built residential building, office building or other public building, letter boxes the number of which corresponds to the number of users or a mail room shall be set up at a location convenient for delivery at the ground floor. Letter boxes shall comply with national or postal service standards, and the production and installation costs thereof shall be included in the total construction budget.
As for a residential building, office building or other public building that has been built and put into use prior to the effective date of these Measures and has no letter boxes or mail room, the owner or the property management unit appointed by the owner is responsible for setting up letter boxes or a mail room in accordance with standards.
The owner of a residential building, office building or other public building or the property management unit appointed by the owner is responsible for the maintenance and replacement of letter boxes.
Article 12 The design and construction of mail and express mail processing centers shall meet the requirements of land use planning and urban planning, and shall provide space, facilities, and convenience for public security organs, State security organs, customs, and entry & exit inspection and quarantine departments to perform their duties in accordance with law.
Chapter III Service and Guarantee
Article 13 Postal service enterprises and other mail delivery service enterprises and their staff members shall abide by relevant provisions of the State, provide users with services in a rapid, correct, safe and convenient manner, and protect the lawful rights and interests of users.
Postal service enterprises and other mail delivery service enterprises and their staff members shall not illegally provide any organization or individual with any user's name, address or information about use of postal or express postal services.
Article 14 A postal service enterprise or other mail delivery service enterprise shall establish and improve a service quality control system, set up a user supervision letter box, publicize supervision hotlines, accept the supervision by and complaints from the public and users with respect to the service quality of the enterprise, and timely give a reply to and deal with user reports and complaints.
Postal service enterprises and other mail delivery service enterprises shall operate in good faith and according to law, and shall not illegally detain any express mails or embezzle or misappropriate any payments collected for users.
Article 15 When a staff member of a postal service enterprise or other mail delivery service enterprise delivers a mail or express mail other than letters, the consignee or receiver shall check the inside on the spot and then sign for it. If through the inside check, any shortage, damage, inconsistency, or other quality problem is found inside the mail or express mail, it shall be dealt with in accordance with relevant provisions.
Article 16 A postal service enterprise's vehicles specifically used to transport mails shall be painted a distinctive postal color and a "China Post" mark, and no other vehicles may be pointed a same or similar color or mark.
Other mail delivery service enterprises' vehicles specifically used to transport express mails shall be painted their respective special marks.
Vehicles used to transport mails or express mails and carrying the "China Post" or any other mail delivery service enterprise's special mark may be exempt from the requirement to hold a road transport operator's license with the consent by the provincial department of postal services administration and the approval by the competent department of transport administration.
Article 17 Vehicles with the special mark of a postal service enterprise or other mail delivery service enterprise which need to pass through a lane closed to traffic or to stop in no-parking sections of the road shall be verified and approved by the transport administration department concerned of the competent public security organ for passing or parking.
In the event that a minor accident occurs to a vehicle used by a postal service enterprise or other mail delivery service enterprise to transport mails or express mails, the vehicle shall be allowed to leave after the accident is dealt with by following summary procedures. If it is really necessary to temporally detain the vehicle due to the needs of evidence collection, the transport administration department concerned of the competent public security organ shall give a timely notice to the driver or enterprise concerned.
Vehicles and vessels the special mark of a postal service enterprise or other mail delivery service enterprise and their staff members shall be given priority in entering and departing ports and crossing on ferries.
Article 18 With respect to rural correspondence, postal service enterprises and other mail delivery service enterprises shall timely deliver registered mails and express mails to the consignees or receivers thereof; with respect to other mails, postal service enterprises and other mail delivery service enterprises shall timely deliver them to rural postal stations or consignees.
A rural postal station shall post up a public announcement, publicizing office hours, service scope, service rules, charge items, and charge rates, and shall not charge consignees for any items other than publicized charge items or beyond publicized charge rates.
Chapter IV Administration and Supervision
Article 19 An enterprise engaged in delivery of international correspondence or articles with the nature of correspondence shall go through formalities on postal service entrustment with the competent State or provincial department of postal services administration, and may operate only after having been registered with the competent local department for industry and commerce.
An enterprise entrusted with postal services shall operate within the scope of entrustment, and accept the administration by the competent local department of postal services administration.
Article 20 In order to start to provide express delivery services, a postal service enterprise or other mail delivery service enterprise shall file it with the competent department of postal services administration for the record, in accordance with the provisions of the Measures on Express Delivery Market Administration. The provincial department of postal services administration shall make known to the public the information about recordkeeping.
The provincial department of postal services administration is responsible for carrying out supervision of the operation of postal service enterprises and other mail delivery service enterprises.
When enjoying preferential tax policies prescribed by the State, other mail delivery service enterprises shall present a certificate of recordkeeping produced by the provincial department of postal services administration.
Article 21 Postal service enterprises and other mail delivery service enterprises shall, in accordance with relevant provisions of the State, submit statistical data to the provincial department of postal services administration.
Article 22 In order to become an express delivery enterprise, the applicant shall have obtained a business license, and meet express service standards.
The headquarters of one of other mail delivery service enterprises and its league members shall enter into an affiliate agreement in accordance with the procedures provided for in laws, clarifying both parties' rights and obligations, and file it with the provincial department of postal services administration for the record.
The headquarters of one of other mail delivery service enterprises is obligated to manage its league members in a unified way with respect service standards, service processes, service image, service supplies, user complaint, etc.
Article 23 The provincial department of postal services administration shall do well in the regulation of express delivery enterprise members, and when becoming aware of any business stoppage, express mail delays or other problem, timely issue a warning notice to the public, start to implement the emergency plan, and timely and properly deal with it.
Article 24 All units and individuals that engage in sale of philatelic items shall operate in good faith and in accordance with law, and shall not illegally make or sell any false philatelic items or false postage certificates.
Article 25 The provincial department of postal services administration shall carry out supervision over the making of postal supplies and equipment, in accordance with the catalogue of postal supplies and equipment subject to production supervision, as promulgated by the postal administration department of the State.
For any postal supplies and equipment subject to production supervision, no unit or individual may forge or misappropriate others' production supervision certificates. No unit or individual may produce or sell any postal supplies and equipment without going through supervision.
Article 26 The provincial department of postal services administration and its dispatched agencies have the power to supervise and inspect postal service enterprises and other mail delivery service enterprises and their premises, and the units and their staff members shall cooperate in and shall not refuse or obstruct the supervision and inspection legally conducted by the provincial department of postal services administration and its dispatched agencies.
The provincial department of postal services administration and its dispatched agencies may enforce law jointly with other relevant administrative organs.
Article 27 When performing his or her duties of inspection and supervision, a post law enforcement officer shall show his or her valid enforcement certificate, and order the persons concerned to stop acts of violating laws, regulations or rules on postal administration, and if necessary, may adopt the following measures:
(1) Inquiring the unit or individual subject to inspection;
(2) Consulting relevant business documents, vouchers, account books and other materials;
(3) Registering, collecting and keeping evidence related to the acts suspected of violating laws, regulations or rules on postal administration, in accordance with law; and
(4) Other powers as provided for in laws and regulations.
Chapter V Legal Liability
Article 28 Where, in violation of the provisions of Article 18 of these Measures, a public notice fails to be posted up in accordance with provisions, the provincial department of postal services administration shall give a warning and order rectification; where payment is overcharged to a consignee beyond the publicized charge items and charge rates, the provincial department of postal services administration shall order refund of overcharge, and relevant persons responsible for such overcharge shall be imposed a fine of not more than RMB$200.
Article 29 Where, in violation of the provisions of Article 21 of these Measures, statistical data fails to be timely submitted the provincial department of postal services administration, the provincial department of postal services administration shall give a warning and order rectification, and may impose an additional fine of not less than RMB$3,000 nor more than RMB$30,000.
Article 30 Where, in violation of the provisions of Article 24 of these Measures, a unit or individual illegally produce or sell any false philatelic items or false postage certificates, the provincial department of postal services administration shall give a warning, and may impose upon the unit a fine of not less than RMB$5,000 nor more than RMB$30,000 or upon the individual a fine of not more than RMB$1,000, as the case may be; if a crime is constituted, the criminal liability shall be investigated for in accordance with law.
Article 31 Where, in violation of the provisions of Article 25 of these Measures, any postal supplies or equipment is produced or sold without a production supervision certificate or by misappropriating others' production supervision certificate, the provincial department of postal services administration shall order stoppage of production and sale, and may impose upon the violator an additional fine of not more than RMB$10,000.
Article 32 In the event of a violation of other provisions of these Measures, the violator shall be imposed punishment in accordance with the Postal Law of the People's Republic of China and the Rules for Implementation of the Postal Law of the People's Republic of China.
Chapter VI Supplementary Provisions
Article 33 These Measures shall be effective as of March 1, 2009. In case of any inconsistency between relevant provisions promulgated prior to the effective date of these Measures and the provisions of these Measures, the provisions of these Measures shall prevail.