The Measures for the Administration of the Express Market were issued

CCTV News: The "Measures for the Management of the Express Market" was adopted by the 28th ministerial meeting on December 8, 2023, and is hereby promulgated and will come into force on March 1, 2024.

Measures for the management of the express delivery market

Chapter I: General Provisions

Article 1 In order to strengthen the supervision and management of the express delivery market, ensure the quality and safety of express delivery services, safeguard the legitimate rights and interests of users, express delivery employees and enterprises engaged in express delivery business, and promote the healthy development of the express delivery industry, these measures are formulated in accordance with the Postal Law of the People's Republic of China, the Interim Regulations on Express Delivery and other laws and administrative regulations.

Article 2 These measures shall apply to the operation of express delivery business, the use of express delivery services and the supervision and management of the express delivery market within the territory of the People's Republic of China.

Article 3 Enterprises engaged in express delivery business shall abide by laws and regulations and public order and good customs, save resources and protect the ecological environment in accordance with the law, and provide users with rapid, accurate, safe and convenient express delivery services.

Article 4 If two or more enterprises engaged in express delivery business use a unified trademark, trade name, express waybill and its supporting information system, they shall sign a written agreement to clarify their respective rights and obligations, abide by the common service agreement, and implement unified management in terms of service quality, safety and security, business processes, ecological and environmental protection, and protection of the rights and interests of employees.

Trademarks, trade names, express waybills and their supporting information systems belong to the enterprise, referred to as the headquarters express enterprise.

Article 5 The user shall abide by the laws, administrative regulations and the provisions of the State Council and the relevant departments of the State Council on prohibiting or restricting the delivery of goods, and provide the necessary information for the use of express delivery services to enterprises engaged in express delivery business in a true and accurate manner.

Sixth postal administration of the State Council is responsible for the supervision and management of the national express delivery market.

Provinces, autonomous regions and municipalities directly under the Central Government postal authorities are responsible for the implementation of supervision and management of the express delivery market in their respective administrative regions.

In accordance with the provisions of the State Council, the establishment of the provincial postal administration is responsible for the supervision and management of the express delivery market in its jurisdiction.

The postal administration of the State Council and the postal administration of provinces, autonomous regions and municipalities directly under the Central Government and the postal administration below the provincial level are collectively referred to as the postal administration.

Seventh postal administration of the express delivery market supervision and management should be open and fair, encourage fair competition, support high-quality development, strengthen online and offline integration of supervision and management.

Article 8 The express industry organizations established in accordance with the law shall safeguard the legitimate rights and interests of the enterprises engaged in express delivery business, express terminal outlets and express delivery employees, and formulate express industry norms and conventions in accordance with laws, regulations and articles of association, strengthen industry self-discipline, and advocate law-abiding, honest, safe and green operation of enterprises.

Article 9 Enterprises engaged in express delivery business shall adhere to green and low-carbon development and implement the responsibility for ecological and environmental protection.

Enterprises engaged in express delivery business shall, in accordance with national regulations, promote the standardization, recycling, reduction and harmlessness of express packaging, and avoid excessive packaging.

Chapter II: Development Guarantees

Article 10 The postal administration of the State Council shall formulate a development plan for the express delivery industry and promote the high-quality development of the express delivery industry.

Provinces, autonomous regions and municipalities directly under the Central Government postal authorities can be combined with the actual local development of the administrative region of the express industry development plan.

11th postal administration, in conjunction with the relevant departments to support and guide the operation of express delivery business enterprises in urban and rural areas to set up express delivery service places and intelligent collection facilities.

Postal administration supports the overall construction of public service attributes in the layout of public service facilities and intelligent collection and investment facilities.

The postal administration implements classification code management for the type of express service and express service facilities.

12th postal administration under the State Council, in conjunction with the relevant departments of the State to support the construction of inbound and outbound express processing centers, in the transportation hub supporting the construction of express transport channels and connecting places, optimize the layout of the express service network.

13th postal administration to support the innovation of express business models and service methods, to guide the express market new forms of digital, intelligent, standardized development, strengthen the supervision and management of service quality.

Chapter 3 Green and low-carbon development

14th postal authorities should guide users to use green packaging and reduced packaging, encourage express delivery business enterprises to carry out green design, the selection of green materials, the implementation of green transport, the use of green energy.

Article 15 Enterprises engaged in express delivery business shall strengthen packaging operation specifications, use information technology, optimize the packaging structure, give priority to the use of original product packaging, and promote the greening of express packaging in the whole chain of design, production, sales and use.

Article 16 Enterprises engaged in express delivery business shall give priority to the procurement of products that are conducive to the protection of the environment, use packaging products that meet the mandatory standards of the state, and shall not use plastic products prohibited by the state.

Article 17 Enterprises engaged in express delivery business shall actively recycle packaging, continuously increase the proportion of express packaging reuse, and promote the application of recyclable, easily recyclable and degradable express packaging.

Chapter IV: Market Order

Article 18 Enterprises engaged in express delivery business shall operate express delivery business within the scope of the express business license in accordance with the law, and shall not exceed the scope of business and geographical scope of the license.

Enterprises operating express delivery business to set up branches, should be filed with the postal administration, report the business license information of the branches.

Article 19 Enterprises engaged in express delivery business shall not entrust enterprises that have not obtained express business licenses to operate express delivery business in any way.

Enterprises engaged in express delivery business shall not entrust or entrust the operation of express delivery business beyond the scope of the license in any way.

Article 20 In accordance with the provisions of laws and administrative regulations, the headquarters express delivery enterprises shall implement unified management and perform unified management responsibilities for enterprises that use their trademarks, trade names, express waybills and their supporting information systems to operate express delivery business.

Headquarters express delivery enterprises shall establish a standardized management system and mechanism, and implement reasonable management measures for enterprises that use their trademarks, trade names, express waybills and their supporting information systems to operate express delivery business, so as to ensure the normal provision of express delivery services to users.

Article 21 Enterprises engaged in express delivery business shall not carry out the following acts:

(1) Clearly knowing that others are engaged in activities that endanger national security, the societal public interest, or the lawful rights and interests of others, but still cooperating in the provision of express delivery services;

(2) Illegally fabricating information on express delivery services;

(3) User information learned in the course of selling, divulging, or illegally providing express delivery services;

(4) Other conduct prohibited by laws, regulations, or state provisions.

Chapter 5 Courier Services

Article 22 Enterprises engaged in express delivery business shall, in accordance with the provisions of laws and administrative regulations, publicize their service types, service areas, service time limits, business hours, tariff standards, express mail inquiries, loss compensation, complaint handling and other service matters on the portal website, business premises or in other obvious ways.

The service area publicized or announced by enterprises engaged in express delivery business shall be based on the organized villages and communities, and the scope of the service area shall be clarified. Encourage enterprises operating express delivery business to the county-level administrative area as the basic unit to publish the tariff standard, clear weight error range.

In addition to force majeure, if the matters specified in the preceding two paragraphs are changed, the enterprise engaged in express delivery business shall issue a service reminder announcement to the public 10 days in advance.

Article 23: Where enterprises engaged in express delivery operations provide express delivery services for the delivery of goods by e-commerce operators, they shall inform the e-commerce operators in writing to clearly indicate the brand of express delivery services on the webpages on which they sell goods, to ensure users' right to know about express delivery services.

Article 24 Enterprises engaged in express delivery business shall enter into a service contract with the sender to clarify their rights and obligations when providing express delivery services. Enterprises engaged in express delivery business shall inform the sender in advance in a conspicuous manner of the organized villages, communities and other areas that cannot provide services.

25th express delivery business enterprises should take effective technical means to ensure that users, postal authorities can be through the express waybill number or information system to find out the following:

(1) The scope of users' personal information necessary for the conclusion or performance of express delivery service contracts, as well as matters that shall be notified in accordance with law before handling personal information;

(B) express service commitments, delivery methods and completion standards;

(3) The name, quantity, and weight of the express item;

(4) The amount of the express service fee;

(5) Methods for resolving service disputes.

Where users inquire about the information provided for in the preceding paragraph, the enterprise operating express delivery business shall take measures to prevent unauthorized inquiries and leakage of personal information in accordance with the requirements of the Personal Information Protection Law of the People's Republic of China.

Article 26 Enterprises engaged in express delivery business shall establish a service quality management system and business operation specifications to ensure service quality and meet the following requirements:

(1) When providing express delivery services, abide by social morality, operate in good faith, protect the legitimate rights and interests of users, and shall not set unfair and unreasonable trading conditions, and shall not force transactions;

(2) Remind the sender to carefully read the terms of the express service contract, comply with the relevant provisions of the prohibition and restriction of delivery of items before providing the express waybill information, and inform the relevant insurance rules and insurance service items;

(3) Verify the identity of the sender in accordance with the law, register the identity information, and if the sender refuses to provide identity information or the identity information provided is false, it shall not be received and sent;

(4) Inspect the items other than the letters sent by the sender, register the name of the contents and other information, and if the sender refuses to provide the information on the contents or the information provided does not match the inspection situation, it shall not be received and sent;

(5) Truthfully mark the weight of the express shipment on the express waybill;

(6) If the receiving and mailing address provided by the sender is inconsistent with the actual receiving and mailing address of the express mail, it shall be truthfully recorded on the express waybill;

(7) In accordance with the type and time limit of the express mail, separate processing, partition operations, standardized operations, and in accordance with the provisions of the entry, upload processing information;

(8) To ensure the safety of the express, to prevent the loss or damage of the express, and the shortage of the internal parts, and not to throw or trample on the express;

(9) Except for force majeure factors, the express mail shall be delivered to the recipient address and recipient within the promised time limit in accordance with the agreement;

(10) Provide users with express delivery tracking and inquiry services, and shall not unreasonably detour the express mail, and shall not conceal or fabricate information on the delivery process, so as to ensure that users are aware of the true situation of their use of express delivery services;

(11) Other requirements provided for by laws and administrative regulations.

Article 27 When an enterprise engaged in express delivery business delivers an express mail, it shall inform the recipient that it has the right to accept the express mail in person and check whether the contents are consistent with the express waybill. If the express package is obviously damaged or the contents are fragile, the recipient shall be informed that the contents can be viewed or the express mail shall be refused.

If an enterprise engaged in express delivery business and the sender agree in writing in advance on the specific way for the recipient to view the contents, the enterprise engaged in express delivery business shall indicate it in a conspicuous manner on the express waybill.

Except as otherwise provided by laws and administrative regulations, if the recipient receives an express mail from an unknown source and requires the enterprise engaged in express delivery business to provide necessary information such as the sender's name, address, and contact number, the enterprise engaged in express delivery business shall provide the information in its possession.

Article 28 The recipient may confirm receipt of the express mail by signature or other express means that are easy to identify and keep, and may also designate a person to accept the express mail and confirm the receipt of the express mail.

If the recipient or the consignee designated by the recipient is unable to accept the express mail in person, the enterprise engaged in the express delivery business shall separately agree with the user on the express delivery service method and the method of confirming the receipt of the express mail.

Enterprises engaged in express delivery business shall not confirm the receipt of express mail on behalf of the user without the consent of the user, and shall not deliver the express mail to the express terminal service facilities such as smart express boxes and express service stations without authorization.

Article 29 Enterprises engaged in express delivery business shall, in accordance with laws and administrative regulations, deal with express mail that cannot be delivered and cannot be returned (hereinafter referred to as "undelivered express mail"), and establish a verification, custody and handling system for undelivered express mail, and include the handling situation in the annual report of express business license.

Enterprises engaged in express delivery business shall not have the following behaviors when dealing with unaccompanied express mail:

(1) Stop inquiry services during the period of storage;

(2) Disposing of it without authorization before the period of custody has expired;

(3) Illicit profits;

(4) Illegally detaining items that shall be confiscated or destroyed;

(5) Other conduct prohibited by laws and administrative regulations.

Article 30 Enterprises engaged in express delivery business shall establish and improve the system for handling user complaints and appeals, and deal with objections to the quality of express delivery services raised by users in accordance with the law.

If the user is not satisfied with the result of the complaint handling or the complaint has not been dealt with in a timely manner, he or she may file an appeal on the quality of the express service.

The postal administration of the user's complaint about the quality of express service to mediate. Enterprises engaged in express delivery business shall, in accordance with the law, deal with the postal administration to convey the complaint and feedback the results.

Chapter VI: Safe Development

Article 31 Enterprises engaged in express delivery business shall establish and improve the responsibility system for production safety, strengthen the education and training of employees on production safety, and fulfill the relevant production safety obligations stipulated by laws, regulations and rules.

The main person in charge of the enterprise operating the express delivery business is the first person responsible for safety production, and is fully responsible for the safety production work of the unit. Other responsible persons are responsible for the safety production work within the scope of their duties.

Headquarters express delivery enterprises shall urge other enterprises and their employees to comply with safety self-inspection, safety education, safety training and other safety systems using their unified trademarks, trade names, express waybills and their supporting information systems to operate express delivery business.

Article 32 Enterprises engaged in express delivery business shall comply with the management system of receiving and sending inspections, real-name receiving and mailing, security inspections and prohibited items. No unit or individual may use express delivery services to engage in activities that endanger national security, social public interests, or the legitimate rights and interests of others.

Article 33 If the new express processing site is put into use, the enterprise engaged in express delivery business shall report in accordance with the provisions of the postal administration.

Article 34 Enterprises engaged in express delivery business shall comply with the following provisions when using express mail processing sites:

(1) Set up obvious safety warning signs, as well as communication, alarm, emergency braking and other safety equipment in express mail handling sites and related facilities and equipment with greater risk factors, and ensure that they are in a suitable state;

(2) Equipped with safety equipment such as fences or isolation piles, and set up obvious safety warning signs for the diversion of people and vehicles;

(3) Conduct regular maintenance, maintenance and regular testing of the equipment and facilities of the site, and form a written record of the inspection and handling;

(4) Discover and rectify potential safety hazards in a timely manner.

Article 35: In the course of production and operation, the scope of acquisition of users' personal information by enterprises engaged in express delivery business shall be limited to what is necessary for the performance of express delivery service contracts, and must not excessively collect users' personal information.

Enterprises engaged in express delivery business shall establish systems for the security management of users' personal information and operating procedures in accordance with law, and must not carry out the following conduct:

(1) Except as otherwise provided by laws and administrative regulations or as necessary for the performance of express delivery service contracts to users, collecting, storing, using, processing, transmitting, providing, and disclosing user information without the consent of users;

(2) Forcing or covertly compelling users to consent to collect or use user information unrelated to business activities by means such as general authorization, default authorization, or denial of service;

(3) Providing others with analysis information related to users for improper purposes;

(4) Other conduct prohibited by laws and administrative regulations.

Article 36 Enterprises engaged in express delivery business shall establish management systems and operating procedures for the production, use, storage and destruction of express waybills (including electronic waybills), and adopt security technical measures such as encryption and de-identification to protect the information security of express waybills.

Enterprises engaged in express delivery business shall establish a management system for the use and destruction of express waybill numbers, and implement the associated management of code number use information, user information, and express delivery information to ensure that express mail can be tracked and queried.

No unit or individual may illegally use or resell express waybills.

Article 37: Where enterprises engaged in express delivery operations entrust other enterprises to handle users' personal information, they shall conduct an assessment of the impact of the protection of users' personal information in advance, and conduct oversight of the entrusted enterprises' activities in handling personal information, and do not exempt themselves from responsibility for the security of users' personal information.

Article 38 Enterprises engaged in express delivery business shall promptly report to the postal administration data and information related to safe operation generated in the process of production and operation.

Enterprises engaged in express delivery business in accordance with the provisions of the preceding paragraph to submit data information, shall ensure that the data is true, accurate and complete, and the reporting method meets the requirements of the postal administration of the State Council, and shall not omit, misreport, conceal or falsely report.

Article 39 The headquarters express delivery enterprise shall establish a working system for maintaining the stability of the service network, maintain the stability of the service network of the express delivery enterprise on the same network, and meet the following requirements:

(1) Implement a system for monitoring, early warning, and risk assessment of the operation of the service network;

(2) Establish and improve emergency response plans;

(3) Formulate a list of outlets with abnormal operations;

(4) Promptly and effectively investigate and resolve conflicts and disputes within the enterprise, and effectively respond to and deal with emergencies that affect the stability of the enterprise's service network.

Enterprises operating express delivery business service network blockage, should be reported to the postal administration within 24 hours, and to the public.

Article 40 In accordance with the provisions of the Interim Regulations on Express Delivery, the headquarters express delivery enterprises shall implement unified management in terms of security and security, and urge the enterprises and their employees to comply with the provisions of anti-terrorism, anti-narcotics, production safety, delivery security, network and information security, and emergency management in accordance with the requirements of the postal administration of the State Council on unified management of security and security.

Chapter VII: Supervision and Management

41st postal administration in accordance with the law to perform express market supervision and management duties, may take the following supervision and inspection measures:

(1) Entering the inspected unit or other places suspected of illegal activities to carry out on-site inspections;

(2) Learn about the situation from relevant units and individuals;

(3) Consult and copy relevant documents, materials, vouchers, and electronic data;

(D) with the approval of the person in charge of the postal administration, in accordance with the law to seal up the illegal activities related to the premises, seizure of the means of transport and related items used for illegal activities, the letter other than the suspected entrainment of prohibited or restricted delivery of the express mail open inspection.

42nd postal administration in the form of random inspections to implement daily supervision and inspection, can be based on the credit situation of enterprises engaged in express delivery business, in the proportion and frequency of spot checks and other aspects to take differentiated measures.

User complaints reflect the express service problems suspected of violating the laws, administrative regulations and rules of postal administration, the postal administration shall investigate and deal with it in accordance with the law.

43rd postal administration staff in the course of supervision and inspection of business secrets or personal privacy, shall be kept confidential in accordance with law.

Article 44 The postal administration of the State Council shall establish an express service quality evaluation system and organize the evaluation of express service quality.

Postal authorities may be required by law to operate express delivery business enterprises to report employees, business volume, service quality assurance and other business conditions.

45th postal administration may be in accordance with the law to take risk warnings, interviews, warnings, public announcements and other means to guide and supervise express delivery enterprises to operate legally and compliantly.

Article 46 The postal administration of the State Council or the postal administration of provinces, autonomous regions and municipalities directly under the Central Government shall carry out key inspections on the enterprises operating express delivery business with major business risks or potential safety hazards, and put forward rectification requirements.

47th enterprise express delivery business in the event of abnormal behavior, may not have the ability and conditions to provide normal services within a specific geographical range, shall be reported to the postal administration, and to the public.

Chapter VIII: Legal Responsibility

Article 48 Enterprises engaged in express delivery business entrust express delivery business to enterprises that have not obtained a license for express delivery business, the postal administration shall order corrections and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan;

Article 49 Headquarters express delivery enterprises take unreasonable management measures, resulting in the use of its trademark, trade name, express waybill and its supporting information system to operate express business enterprises can not provide normal express delivery services to users, by the postal administration ordered to correct, give a warning or circulate criticism, may be imposed a fine of not less than 3,000 yuan but not more than 10,000 yuan; if the circumstances are serious, impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; suspected of unfair competition or price violations, the clues will be transferred to the relevant departments.

50th express delivery business enterprises not in accordance with the provisions of the publicity, announcement of the service area, service time limit, or change of service area, service time limit is not in accordance with the provisions of the announcement to the public in advance, by the postal administration ordered to correct, to be warned or circulated criticism, may be imposed a fine of 3,000 yuan and 10,000 yuan; if the circumstances are serious, a fine of between 10,000 yuan and 30,000 yuan; suspected of price violations, the clues will be transferred to the relevant departments.

Article 51 Enterprises engaged in express delivery business do not deliver express mail in accordance with the public and announced service areas, the postal administration shall order corrections, give warnings or circulate criticism, and may impose a fine of 1 to 10 times the amount of express service fees.

52nd enterprise engaged in express delivery business does not take effective technical means to ensure that users, postal authorities through the express waybill number or information system to find out the content of the provisions of article 25th, by the postal administration ordered to correct, to be warned or circulated criticism, may be fined between 3,000 Yuan and 10,000 Yuan.

Article 53 In any of the following circumstances, the postal administration shall order corrections and impose a fine of not more than 10,000 yuan; if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 30,000 yuan;

(1) Concealing or fabricating information on the delivery process;

(2) Fabricating information on the name, quantity, and weight of express delivery items;

(3) Fabricating information on the amount of express delivery service fees;

(4) The address provided by the sender is inconsistent with the actual address of the express mail, and is not truthfully recorded on the express waybill;

(5) Failure to provide sender information to the recipient in accordance with the provisions of Article 27 of these Measures.

Article 54 Enterprises engaged in express delivery business in any of the following circumstances, ordered by the postal administration to correct, give a warning or circulate criticism, may be fined less than 10,000 yuan, and if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 30,000 yuan:

(1) Confirming the receipt of the express mail on behalf of the user without the consent of the user;

(2) Without the user's consent, using smart express boxes, express service stations, etc. to deliver express mail;

(3) Throwing or trampling on express mail.

55th express delivery business enterprises not in accordance with the provisions of the postal administration to deal with user complaints, by the postal administration ordered to correct, to give a warning or notice of criticism, if the circumstances are serious, and a fine of less than 3,000 Yuan.

Article 56 Enterprises engaged in express delivery business in any of the following circumstances, ordered by the postal administration to correct; Where laws and administrative regulations have provisions, follow those provisions:

(A) not in accordance with the provisions of the postal administration to submit data or omission, misstatement, concealment, false reporting;

(2) They may not have the capacity and capacity to provide normal services within a specific geographical scope, and fail to report or make announcements in accordance with provisions.

Chapter IX: Supplementary Provisions

Article 57: These Measures take effect on March 1, 2024. On January 11, 2013, the Ministry of Transport abolished the "Measures for the Administration of the Express Market" promulgated by the Ministry of Transport in 2013 No. 1.

(CCTV)