邮政法实施细则[附英文]
发文标题：邮政法实施细则[附英文]
发文文号：国务院令第65号
发文部门：国务院
发文时间：1990-11-12
实施时间：1990-11-12
法规类型：国家基本法规附属文件
所属行业：交通运输、仓储及邮电通信业
所属区域：中国
发文内容：
第一章 总则
第一条 根据《中华人民共和国邮政法》(以下简称《邮政法》)的规定,制定本实施细则｡
第二条 中华人民共和国邮电部(以下简称邮电部)是国务院邮政主管部门,管理全国邮政工作｡
各省､自治区､直辖市邮电管理局(以下简称邮电管理局)是地区邮政管理机构,管理该地区的邮政工作｡
第三条 市､县邮电局(含邮政局,下同)是全民所有制的经营邮政业务的公用企业(以下简称邮政企业),经邮电管理局授权,管理该地区的邮政工作｡
邮电支局､邮电所､邮政支局､邮政所是办理邮政业务的分支机构(以下简称分支机构);邮亭､邮政报刊亭等是邮政企业的服务点｡
邮电代办所视同邮政企业所属的分支机构｡
第四条 未经邮政企业委托,任何单位或者个人不得经营信函､明信片或者其他具有信件性质的物品的寄递业务,但国务院另有规定的除外｡
信函是指以套封形式传递的缄封的信息的载体｡其他具有信件性质的物品是指以符号､图象､音响等方式传递的信息的载体｡具体内容由邮电部规定｡
第五条 邮政企业委托其他单位或者个人代办邮政业务时,应当协商一致,并签订代办合同｡
第六条 凡使用我国邮政业务的一切单位或者个人统称邮政用户(以下简称用户)｡
第七条 邮政企业应当为用户提供迅速､准确､安全､方便的邮政服务,保障用户使用邮政的合法权益｡
任何单位或者个人均负有保护通信自由､通信秘密和邮件安全的责任;任何单位或者个人不得利用邮政业务进行法律､法规和政策所禁止的活动｡
除因国家安全或者追查刑事犯罪需要,由公安机关､国家安全机关或者检察机关依法对通信进行检查外,邮件在运输､传递过程中,任何单位或者个人不得以任何理由检查､扣留｡
第八条 因国家安全或者追查刑事犯罪需要,公安机关､国家安全机关､检察机关检查､扣留邮件,冻结汇款､储蓄存款时,必须依法向相关县或者县级以上的邮政企业､邮电管理局出具相应的检查､扣留､冻结通知书,并开列邮件､汇款､储蓄存款的具体节目,办理检查､扣留､冻结手续后,由邮政企业指派专人负责拣出,逐件登记后办理交接手续;对于不需要继续检查､扣留､冻结或者查明与案件无关的邮件､汇款､储蓄存款,应当及时退还邮政企业｡邮件､汇款､储蓄存款在检查､扣留､冻结期间造成丢失､损毁的,由相关的公安机关､国家安全机关､检察机关负责赔偿｡
第九条 人民法院､检察机关依法没收国内邮件､汇款､储蓄存款时,必须出具法律文书,向相关县或者县级以上邮政企业､邮电管理局办理手续｡没收进出口国际邮递物品应当由海关作出决定,并办理手续｡
第十条 有关单位依照法律规定需要收集､调取证据､查阅邮政业务档案时,必须凭相关邮政企业所在地的公安机关､国家安全机关､检察机关､人民法院出具的书面证明,并开列邮件具体节目,向相关县或者县级以上的邮政企业､邮电管理局办理手续｡
第十一条 任何单位或者个人不得从事下列行为妨害邮政工作的正常进行:
(一)损坏邮政设施;
(二)在邮政企业及分支机构门前或者出入通道设摊､堆物,妨害用户用邮或者影响运邮车辆通行;
(三)在办理邮政业务的场所无理取闹或者扰乱正常秩序;
(四)阻碍邮政工作人员依法执行公务或者寻衅滋事;
(五)拦截邮政运输工具､非法阻碍邮件运递或者强行登乘邮政运输工具;
(六)非法检查或者截留邮件;
(七)其他妨害邮政企业及分支机构或者邮政工作人员正常工作的行为｡
第二章 邮政企业的设置和邮政设施
第十二条 邮政企业及分支机构的设置标准,由邮电部规定;邮政企业的设置或者撤销,由邮电部批准;分支机构的设置或者撤销,由邮电管理局批准,报邮电部备案｡
第十三条 地方各级人民政府应当将邮政企业及分支机构的设置和邮政设施的建设纳入城乡建设规划｡
第十四条 建设城市新区､独立工矿区､住宅区或者旧城区成片改造,应当同时规划和设置与之配套的邮政企业及分支机构和邮政设施｡
第十五条 邮政企业依法设置邮亭､邮政报刊亭､邮筒､信箱或者流动服务时,有关单位或者个人应当提供方便｡
第十六条 接收邮件的信报箱是居民楼房的配套设施,设计单位应当将其纳入民用住宅建筑设计标准｡
居民楼房每一单元的地面层应当安装与住户房号相适应的信报箱或者在楼房集中处设置信报箱间(群),供住户接收邮件使用｡
信报箱由居民楼房的产权所有者或者管理单位负责维修､更换,也可以委托当地邮政企业或者其分支机构维修､更换,所需工料费由委托单位支付｡
第十七条 较大的车站､机场､港口､饭店､应当在方便旅客的地方提供办理邮政业务的场所;邮政企业应当提供邮政业务服务｡
第十八条 任何单位因建设需要,征用､拆迁邮政企业及分支机构或者邮政设施时,应当与当地邮政企业协商,在保证邮政通信正常进行的情况下,应当将邮政企业及分支机构､邮政设施迁至适宜的地方或者另建,所需费用由征用､拆迁单位承担｡
第三章 邮政业务的种类
第十九条 邮政企业经营国内､国际邮件的寄递业务和邮件的特快专递业务｡
国内邮件是指在中华人民共和国领域内互寄的邮件,其中寄自或者寄往香港､澳门､台湾地区的邮件称港澳台地区邮件;国际邮件是指中华人民共和国与其他国家､地区之间互寄的邮件和其他国家､地区通过中国境内经转的邮件｡
第二十条 国内报刊发行业务是指报刊社委托邮政企业发行报纸､杂志的业务｡
第二十一条 报刊社委托邮政企业发行报刊时,应当根据报刊发行的范围向指定的邮政企业或者邮政报刊发行局,出具有关主管部门批准出版和领有报纸､期刊登记证的证明｡邮政企业有接办发行能力的,应当与报刊社遵循平等互利､协商一致､等价有偿的原则,按照国家有关规定签订报刊发行合同｡
第二十二条 邮政储蓄､邮政汇兑业务是邮政企业为国家积聚资金､沟通经济往来所经办的金融业务,由邮电部统一管理,并按照国家有关规定,在金融业务上接受中国人民银行的指导｡各相关银行应当为邮政企业办理的储蓄､汇兑业务提供便利｡
第二十三条 各项邮政业务的具体种类和邮件分类,由邮电部规定｡
第四章 邮政业务资费和邮资凭证
第二十四条 邮政业务的基本资费是指邮政专营的国内平常信函､明信片的资费;非基本资费是指基本资费以外的邮政业务资费｡
邮政业务的基本资费由国务院物价主管部门制定,报国务院批准;非基本资费由邮电部规定｡
第二十五条 制定和调整邮政业务资费的依据是:
(一)以保证邮政通信企业的成本费用和自我发展能力为原则,适应社会需要;
(二)国内邮政业务资费,依据支出费用的变动相应调整;
(三)国际邮政业务资费,依据“万国邮政联盟”的规定和国际､国内成本费用以及人民币汇率比价的变化作相应调整｡
第二十六条 邮资凭证是邮电部发行的,作为邮件纳费标志的有价证券,包括邮票,印在邮资信封､邮资明信片､邮资邮简上的邮票图案,邮资机打印的邮资符志｡
第二十七条 “万国邮政联盟”发行的国际回信券,可以根据国际统一规定,兑换成等于特定重量级别的特定类别资费的邮票,但是不得兑换现金｡
第二十八条 因工作需要,仿印邮票图案的,必须按照仿印邮票图案的有关规定,报经邮电部邮票主管部门或者有关邮电管理局审核､批准｡
印刷单位不得承印未经批准的仿印邮票图案和与邮票相似的印件｡
第二十九条 印制通信使用的信封必须符合国家标准,并由当地邮电管理局监制｡
第三十条 印制明信片必须符合邮电部规定的规格标准｡
县以上邮政企业,经邮电管理局批准,可以印制､发行带有“中国人民邮政”字样的明信片;其他单位印制明信片,由当地邮电管理局监制,但不得带有“中国人民邮政”字样｡
第五章 邮件的寄递和损失赔偿
第三十一条 义务兵从部队发出的平常信函,免费寄递,其他军人不得免费寄递信函｡义务兵寄递平常信函的监督管理办法由邮电部会同中国人民解放军有关部门制定｡
第三十二条 用户交寄邮件应当符合邮电部规定的准寄内容､封装规格､书写格式,并正确书写邮政编码,其中,用户交寄信函使用的信封,必须符合国家标准;邮件封面和邮政业务单式上不得印(写)有或者粘贴与邮件无关的文字或者其他物品;邮资凭证正面不得涂抹､覆盖其他物品;不得使用伪造､仿印､剪割拼补､加工去污的邮资凭证｡
第三十三条 禁止寄递或者在邮件内夹带下列物品:
(一)法律规定禁止流通或者寄递的物品;
(二)反动报刊书籍､宣传品或者淫秽物品;
(三)爆炸性､易燃性､腐蚀性､放射性､毒性等危险物品;
(四)妨害公共卫生的物品;
(五)容易腐烂的物品;
(六)各种活的动物;
(七)各种货币;
(八)不适合邮寄条件的物品;
(九)包装不妥,可能危害人身安全､污染或者损毁其他邮件､设备的物品｡
前款物品,符合邮电部特准交寄规定并确保安全的,可以收寄｡
第三十四条 国内限量寄递物品由邮电部会同国务院有关部门规定｡
第三十五条 对于违反禁寄､限寄规定寄递的物品,邮政企业或者分支机构应当根据其种类､性质､数量等分别作出下列处理:
(一)不予寄递;
(二)通知寄件人限期领回,逾期不领的就地处理;
(三)移送相关部门依法处理;
(四)造成危害人身安全或者污染､损毁其他邮件､设备的,由寄件人承担赔偿责任｡
按照前款(二)项､(三)项处理所需的费用,由寄件人承担｡
第三十六条 新建的企业､事业､居民住宅,应当由单位或者居民住宅的主管部门到当地邮政企业或者分支机构办理邮件投递登记手续;单位更改名称､收件人变更地址,应当事先通知当地邮政企业或者分支机构,也可以办理邮件改寄新址手续｡邮政企业应当公布登记地点和电话号码｡
具备下列条件者,有关邮政企业或者分支机构应当予以登记,并自登记之日起九十日内安排投递:
(一)具备邮政车辆和邮政工作人员执行公务的通行条件;
(二)有公安机关统一编制的门牌号数;
(三)已安装接收邮件的信报箱或者已设立收发室;
(四)按规定需要办理中外文名称登记的,应当办妥手续｡
第三十七条 邮件的投递方式,除邮电部另有规定外,按下列方式投递:
(一)按址投递
城镇居民的邮件,按收件人地址投递到平房院落门口或者楼房地面层的信报箱或者收发室｡单位､单位内附设的机构和个人以及单位院内宿舍用户的邮件,投递到单位收发室｡收发室应当设在楼房的地面层,两个以上单位同在一处的,应当商定统一接收邮件的地点｡需要上楼投递邮件､报刊的,用户应当与相关邮政企业或者分支机构协商,并按照规定由用户支付特殊服务费｡
农村､牧区的邮件,根据交通条件和邮件量的具体情况,一般投递到乡或者行政村的固定地点;乡或者行政村以下的邮件,由乡人民政府或者村民委员会与邮政企业或者分支机构协商妥交收件人的方式｡
寄交船舶的邮件,投递到船舶隶属单位的收发室｡
(二)用户领域
必须凭通知单到邮政企业或者分支机构办理手续才能领取的邮件,以邮政信箱(用户专用信箱)号码为收件人地址的邮件,存局候领的邮件,超出按址投递规定重量的邮件以及大宗邮件,采用用户领取的方式｡
第三十八条 收件人领取给据邮件,收款人兑领汇款,应当向相关邮政企业或者分支机构交验本人有效证件,并在相关单式上盖章或者签名｡
代收人受收件(款)人委托,代收给据邮件(汇款)时,应当交验收件(款)人和代收人的有效证件,经邮政企业或者分支机构确认后,由代收人盖章或者签名接收｡
有效证件包括居民身份证､户口簿､工作证｡
第三十九条 收件人接收给据邮件时发现封皮破损,应当场声明,并核对内件｡确属邮政企业或者分支机构的责任而造成内件短少､损毁的,或者由于邮政企业､分支机构的责任造成给据邮件丢失､损毁的,邮政企业或者分支机构应当按照规定予以赔偿｡由于收件人所在单位收发人员的过失造成给据邮件丢失､损毁､内件短少者,相关收发人员应当承担规定的赔偿责任｡
邮件运递的具体要求由邮电部规定,并予以公告｡邮件运递违反邮电部规定的,邮政企业或者分支机构应当向用户补偿,具体补偿办法由邮电部规定｡
第四十条 用户误收的邮件,应当及时退还邮政企业或者分支机构;用户误拆的邮件应当重封签章后退还邮政企业或者分支机构,并对误拆邮件的内容保守秘密｡
第四十一条 单位收发人员接收给据邮件时,应当认真点核无误后,在相关清单上盖章签收｡
收发人员对于各种邮件负有保护和及时传送的责任,不得私拆､隐匿､毁弃邮件或者撕揭邮票｡
第六章 邮件的运输､验关和检疫
第四十二条 邮电部､邮电管理局应当把邮件运输流向流量变化情况及时通告相关运输部门｡各运输部门应当根据邮政通信需要,优先提供有效的车次､航班､舱容｡
相关运输部门应当在车站､机场､港口､码头妥善安排装卸､储存邮件和作业所需的场地､出入通道､房屋,以及通报行车或者航行情况的信息设施｡
新建､改建､护建车站､机场､港口､码头,应当统一规划邮件存放､转运所需的场地和通道,其有关基建费用由邮政企业承担｡
第四十三条 邮政企业委托运输单位运送邮件,应当签订运邮协议｡
第四十四条 运输单位承运的邮件应当先于货物发运｡因故临时停运或者改变运行时间､停靠位置时,运输单位应当及时通知邮政企业或者分支机构｡
第四十五条 载有邮件的船舶应当悬挂邮旗,各有关港口对于悬挂邮旗的船舶应当优先放行｡
第四十六条 运输单位承运邮件,除邮政企业或者分支机构派员押运者外,应当与邮政企业或者分支机构办理交接签收手续｡
除不可抗力原因外,邮件在运输单位保管期间或者在运输途中发生丢失､短少､损毁等,相关运输单位应当按照运邮协议的规定予以赔偿｡
运邮船舶发生海难必须抛弃所载货物时,非至最后,不得抛弃所运邮件｡
第四十七条 执行邮件运输和投递任务的车､船､邮政工作人员通过桥梁､渡口､隧道､检查站时,有关方面应当优先放行｡带有邮政专用标志的邮政车辆在运递邮件时,凭公安机关核发的通行证,可以不受禁行路线､禁停地段的限制｡运邮车辆或者邮政工作人员在运递邮件途中违章,有关主管部门应当记录后放行,待其完成运递任务后,再行处理｡
第四十八条 邮政企业依据运输工具到站(港)､离站(港)时间和运递时限制订的作业时间表应当在变更前三日通知海关｡海关应当按照邮政企业通知的作业时间表派员到场监管国际邮袋､查验进出口国际邮递物品;逾时不到场,延误运递时限造成的相关责任,由海关承担｡
海关依法查验国际邮包时,在设关地应当与用户当面查验｡收､寄件人不能到场的,由海关开拆查验,邮政工作人员在场配合｡被开拆查验的邮包,由海关和邮政企业共同封装,双方加具封签或者戳记｡海关依法开拆查验的印刷品,应当重封并加具海关封签或者戳记｡
第四十九条 用户交寄应当施行卫生检疫或者动植物检疫的邮件,必须附有检疫证书｡检疫部门应当及时对邮件进行验放,以保证邮件的运递时限｡
第五十条 海关､检疫部门依法查验国际邮递物品或者检疫邮件,应当注意爱护;需要封存时,除向寄件人或者收件人发出通知外,应当同邮政企业或者分支机构履行交接手续,并负责保管,封存期不得超过四十五日｡特殊情况需要延长封存期的,应当征得邮政企业或者分支机构及寄件人或者收件人的同意,并以不致造成被封存国际邮递物品或者邮件的损失为前提｡被封存国际邮递物品或者邮件退还邮政企业或者分支机构时,邮政工作人员应当核对无误后予以签收｡
依法没收国际邮递物品或者经卫生､动植物检疫必须依法销毁的邮件,海关或者检疫部门应当出具没收或者检疫处理通知单,并及时通知寄件人或者收件人和邮政企业或者分支机构｡
国际邮递物品在依法查验､封存期间,发生丢失､短少､损毁等,由海关或者检疫部门负责赔偿或处理｡
第五十一条 依法查验邮递物品或者对邮件实施检疫需要使用邮政企业或者分支机构的场地和房屋时,由邮政企业与有关部门根据工作需要和实际可能协商解决｡
第五十二条由海关依法处理的无着进口国际邮包,海关应当支付相关邮政费用｡
第五十三条 出口国际邮件的海关关单的传递方式由海关总署与邮电部商定｡
第七章 罚则
第五十四条 违反本细则第十一条规定的,由有关部门按照国家有关规定根据情节轻重,予以处罚;违反治安管理有关规定的,由公安机关依照《中华人民共和国治安管理处罚条例》处罚｡
第五十五条 违反本细则第三十三条第三项规定,尚未造成严重后果的,由公安机关依照《中华人民共和国治安管理处罚条例》处理｡
第五十六条 伪造或者冒用邮政专用标志､邮政标志服或者邮政日戳､邮政夹钳､邮袋等邮政专用品的,由邮电管理局或其授权单位处以一千五百元以下罚款,并没收有关物品｡
第五十七条 以营利为目的,伪造邮资凭证,未经许可仿印邮票图案或者印制带有“中国人民邮政”字样明信片的,由邮电管理局或其授权单位处以五千元以下罚款,并没收非法所得和非法物品｡
由于用户的故意,交寄的邮件使用不符合规定的邮资凭证的,邮政企业或者分支机构不予发寄,通知寄件人限期撤回,并处以应付邮资十倍的罚款;无法通知寄件人或者逾期不办理撤回手续的,作为无着邮件处理｡
第五十八条 邮政工作人员隐匿､毁弃､私拆､盗窃邮件,贪污､冒领用户款项的,邮政企业应当追回赃款赃物,可以并处罚款,还可以根据情节轻重,给予行政处分｡具体办法由邮电部规定｡
第五十九条 违反本细则第四十一条第二款规定的,依照《邮政法》第三十六条规定追究责任｡
第六十条 违反本细则规定,构成犯罪的,由司法机关依法追究刑事责任｡
第六十一条 误收､误拆他人信件不予退还或者已退还但泄露信件内容,侵犯他人通信自由权利的,依照《邮政法》第三十六条规定追究责任｡
第八章 附则
第六十二条 本细则所称公安机关､国家安全机关､检察机关是指县以上(含县级)公安机关､国家安全机关､检察机关｡
第六十三条 邮电部可以根据本细则制定有关规章｡
第六十四条 本细则由邮电部负责解释｡
第六十五条 本细则自发布之日起施行｡
RULES FOR THE IMPLEMENTATION OF THE POSTAL LAW OF THE PEOPLE'SREPUBLIC OF CHINA Important Notice: (注意事项) 英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民 共和国涉外法规汇编》(1991年7月版). 当发生歧意时, 应以法律法规颁布单位发布的中文原文为准. This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文) RULES FOR THE IMPLEMENTATION OF THE POSTAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA (Promulgated by Decree No. 65 of the State Council of the People's Republic of China on November 12, 1990, and effective as of the date of promulgation)
Chapter I General Provisions
Article 1
These Rules are formulated in accordance with the Postal Law of the People's Republic of China (hereinafter referred to as the Postal Law).
Article 2
The Ministry of Post and Telecommunications of the People's Republic of China (hereinafter referred to as the Ministry of Post and Telecommunications) shall be the competent department of postal services under the State Council and shall administer postal services throughout the country. The administrative bureaus of post and telecommunications of various provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the administrative bureaus of post and telecommunications) shall be the regional administrative organs of postal services, which shall administer postal services of respective regions.
Article 3 The municipality or county bureaus of post and telecommunications (including the post offices, - the same below) shall be public enterprises owned by the whole people that operate postal business (hereinafter referred to as "Postal enterprises"), and, after being authorized by the administrative bureaus of post and telecommunications, shall be responsible for the administration of postal services of the respective localities. The branch post and telecommunications bureaus, the post and telecommunications offices, the branch post bureaus, and the postal offices shall be the branch offices that handle postal business (hereinafter referred to as "the branch office"); the postal kiosks and newspaper and periodical stands shall be the service points of postal enterprises. The post and telecommunications agencies shall be considered as branch offices postal enterprises.
Article 4 Without the entrustment by the postal enterprises, no unit or individual may operate posting and delivery of letters, postcards or other articles with characteristics of mail, except as otherwise provided by the State Council. The letters refer to those carriers which transit information by using sealed envelopes. The other articles with characteristics of mail refer to those carriers which transmit information by using such forms as symbols, images, or sounds. The specific contents thereof shall be stipulated by the Ministry of Post and Telecommunications.
Article 5 In case that a postal enterprise entrusts other units or individuals with the handling of postal business, they shall reach an agreement through consultation and sign entrustment contracts.
Article 6 All units and individuals that make use of the postal services of China shall be generally called postal users (hereinafter referred to as users).
Article 7 A postal enterprise shall provide users with fast, accurate, safe and convenient postal services, and protect the lawful rights and interests of users in making use of postal services. Any unit of individual shall have the obligations to protect freedom and privacy of correspondence, and the safety of postal materials; no unit or individual may use postal services for activities forbidden by laws, regulations and policies. In the course of transportation and delivery of postal materials, no unit or individual shall inspect or detain the postal materials under any pretext, except when the inspection of correspondence according to law by public security organs, state security organs, or procuratorial organs is necessary for the state security or the investigation of criminal offences.
Article 8 In the event that a public security organ, a state security organ, or a procuratorial organ inspects or detains postal materials or freezes remittances or savings deposits out of the necessity for the state security or the investigation of a criminal offence, it is imperative for the aforesaid organs to issue according to law notifications of the relevant inspection, detention, or freezing to the postal enterprise or the administrative bureau of post and telecommunications concerned at or above the county level, and to make out a list of the specific items of postal materials, remittances, or savings deposits; after going through the procedures for inspection, detention or freezing, the postal enterprise shall appoint specially-designated persons to be responsible for sorting out the items in question, register them one by one, and then go through the hand-over procedures; with respect to those postal materials, remittances or savings deposits which need no further inspection, detention or freezing, or which have been proved through investigation to have nothing to do with the case concerned, they shall be returned to the postal enterprise without delay. In case that in the course of inspection, detention or freezing the postal materials, remittances or savings deposits are lost or damaged, the relevant public security, state security, or procuratorial organ shall be responsible for compensation.
Article 9 In case that a people's court, or a procuratorial organ confiscates domestic postal materials, remittances or savings deposits, it must present relevant legal documents, and go through the relevant procedures with the postal enterprise and administrative bureau of post and telecommunications at or above the county level. The decision on the confiscation of incoming or outgoing international postal articles shall be made by the Customs, which shall also complete the relevant procedures.
Article 10 In case that a unit concerned has the necessity to collect or obtain evidence or consult the postal business archives, according to law, it must obtain a written certificate issued by the public security organ, the state security organ, the procuratorial organ, or the people's court, in the place where the postal enterprise concerned is located, make a list of the specific items of postal materials, and then go through the relevant procedures with the postal enterprise and the administrative bureau of post and telecommunications at or above the county level.
Article 11 No unit or individual may commit the following acts that hamper the normal operations of postal services: (1) to damage postal installations; (2) to set up stalls or to stack up things in front of the entrance to, or in the in-and-out passage ways of postal enterprises or their branch offices, thereby hampering users to make use of postal services or blocking the passage of postal vehicles; (3) to make trouble willfully or disturb the normal order at the sites where postal business is conducted; (4) to hamper postal staff from executing their duties according to law, or to seek a quarrel; (5) to intercept postal means of transport, to hamper illegally the transportation and delivery of postal materials, or force their way to get on postal means of transport; (6) to inspect or detain postal materials illegally; (7) to commit other acts that hamper the postal enterprises or their branch offices or postal staff from performing their normal work. Chapter II The Establishment of Postal Enterprises and Postal Ins- tallations
Article 12 The standards for the establishment of postal enterprises and their branch offices shall be stipulated by the Ministry of Post and Telecommunications; the establishment and abolition of post enterprises shall be approved by the Ministry of Post and Telecommunications; the establishment and abolition of branch offices shall be approved by the administrative bureaus of post and telecommunications and be reported to the Ministry of Post and Telecommunications for the record.
Article 13 The local people's governments at various levels shall incorporate the establishment of postal enterprises and their branch offices as well as the construction of various postal installations into their urban and rural construction plans.
Article 14 While constructing new districts in cities, isolated industrial and mining areas and residential districts, as well as transforming large expanse of old urban districts, the planning and establishment of the matching postal enterprises and their branch offices as well as the various postal installations shall be carried out simultaneously.
Article 15 When postal enterprises establish postal kiosks, newspaper and periodical stands, pillar boxes, mail boxes or conduct mobile services according to law, the units and individuals concerned shall provide conveniences.
Article 16 Letter and newspaper boxes for receiving postal materials are the matching facilities in residential buildings, and designing units shall include them in the standard designs of the construction of residential buildings. Every construction unit of a residential building shall be installed, on the ground floor, with letter and newspaper boxes corresponding to the room numbers of the residents; or letter and newspaper boxes shall be installed in a place or room with easy access in the midst of buildings, for the residents to receive postal materials. The property right owners of residential buildings, or the administrative units shall be responsible for the maintenance and change of letter and newspaper boxes; the maintenance and change of letter and newspaper boxes may also entrusted to the local postal enterprises or their branch offices, and the expenses necessary for labour and materials shall be paid by the entrusting units.
Article 17 Places for handling postal business, conveniently accessible to passengers, shall be provided in relatively larger railway stations, airports, ports and hotels; the postal enterprises shall provide various postal services.
Article 18 Any unit that, for the needs of construction, requisitions, demolishes or removes a postal enterprise and its branch offices or the postal installations shall consult with the local postal enterprise; and, under the condition that the normal operations of postal correspondence are guaranteed, the said unit shall remove the postal enterprise and its branch offices as well as the postal installations to a proper place, or rebuild them, and the expenses thus entailed shall be borne by the unit that conducts the requisition, demolition and removing. Chapter III Categories of Postal Business
Article 19 Postal enterprises shall handle the posting and delivery of domestic and international postal materials as well as the express delivery of postal materials. Domestic postal materials refer to the postal materials exchanged within the territory of the People's Republic of China; those posted to or from the regions of Hong Kong, Macao, and Taiwan are called postal materials of the regions of Hong Kong, Macao and Taiwan; international postal materials refer to the postal materials exchanged between the People's Republic of China and other countries or regions, and postal materials transmitted by way of the territory of China.
Article 20 Distribution business of domestic newspapers and magazines refers to the business of distributing newspapers and magazines entrusted by newspaper and magazine offices to the postal enterprises.
Article 21 When newspaper and magazine offices entrust the postal enterprises with the distribution of newspapers and magazines, they shall, in accordance with the scope of the distribution of newspapers and magazines, present to the appointed postal enterprises or the bureaus for distribution of postal newspapers and magazines, certifications of having obtained the approval for publication by the competent department concerned and the registration certificate for newspapers and periodicals. The postal enterprises, which have the capacity for handling distribution business, shall sign contracts for the distribution of newspapers and magazines with the newspaper and magazine offices concerned in accordance with the pertinent provisions of the State, and in conformity with the principles of equality and mutual benefit, of achieving unanimity through consultation, and of equal prices and non-gratuitousness.
Article 22 Postal savings and postal remittances, which are financial businesses handled by postal enterprises for the purpose of accumulating funds for the State and facilitating economic transactions, shall be under the unified administration of the Ministry of Post and Telecommunications and shall, in accordance with the pertinent provisions of the State, accept the guidance of the People's Bank of China in financial businesses. All relevant banks shall provide conveniences for the businesses of postal savings and postal remittances conducted by the postal enterprises.
Article 23 The specific categories of postal businesses and the classification of postal materials shall be stipulated by the Ministry of Post and Telecommunications. Chapter IV Postal Rates of Postal Services and Postage Certi- ficates
Article 24 The basic postal rates of postal services refer to the postal rates for the domestic ordinary letters and postcards; the non-basic postal rates refer to the postal rates of postal services other than the basic postal rates. The basic postal rates of postal services shall be stipulated by the competent department for the administration of commodity prices under the State Council, and then be submitted to the State Council for approval; the non-basic postal rates shall be stipulated by the Ministry of Post and Telecommunications.
Article 25 The basis for the formulation and adjustment of postal rates of postal services shall be as follows: (1) to meet the social needs, on the condition that the cost expenses of enterprises of postal correspondence and their capacity for development are guaranteed; (2) to adjust postal rates of domestic postal services in the light of the changes in defrayment; (3) to adjust postal rates of international postal services in accordance with the provisions of the Universal Postal Union, the international and domestic cost expenses, and the changes in exchange rates for Renminbi (RMB).
Article 26 Postage certificates issued by the Ministry of Post and Telecommunications and used as securities indicating that the charges or fees for postal materials have already been paid shall include postage stamps, the postage stamp patterns printed on stamped envelopes, stamped postcards, stamped aerograms, and the "postage-paid" marking printed with a checking machine.
Article 27 The international reply-coupons issued by the Universal Postak Union may, in accordance with the international unified provisions, be converted into postage stamps equal to a specific category of postal rates for a specific class of weight; however, such international reply-coupons shall not be converted into cash.
Article 28 Where the making of facsimiles of stamp patterns is necessitated by work, it must be submitted, in accordance with the pertinent provisions for the making of facsimiles of postage stamp patterns, to the competent department for postage stamps under the Ministry of Post and Telecommunications, or to the administrative bureau of post and telecommunications concerned, for examination and approval. No printing unit may undertake the printing of unapproved facsimiles of stamp patterns or matters similar to postage stamps.
Article 29 Envelopes to be printed for use in correspondence must conform to the standards stipulated by the State, and the printing of such envelopes shall be supervised by the local administrative bureaus of post and telecommunications.
Article 30 Postcards to be printed must conform with the specification standards stipulated by the Ministry of Post and Telecommunications. Postal enterprises at or above the county level may, with the approval of the administrative bureaus of post and telecommunications, print and distribute postcards with the inscription: "The People's Postal Service of China" printed on them; if the printing of postcards is conducted by other units, the printing operation shall be under the supervision of the local administrative bureaus of post and telecommunications, but the postcards shall not carry the inscription "The People's Postal Service of China" Chapter V The Posting and Delivery of Postal Materials and the Compensation for Losses
Article 31 Ordinary letters to be sent by compulsory service-men from places where they are stationed shall be posted and delivered free of charge, but other armymen shall not post letters free of charge. Measures for the administration of affairs concerning the posting and delivery of ordinary letters by compulsory servicemen shall be formulated by the Ministry of Post and Telecommunications in conjunction with the department concerned of the Chinese People's Liberation Army.
Article 32 Users shall, in handling in or posting postal materials, comply with the provisions stipulated by the Ministry of Post and Telecommunications concerning the contents of postal materials, the specifications for packaging and sealing, the writing forms, and the correct writing of postcodes; especially the envelopes used by users for letters to be posted must meet the standards stipulated by the State; the surface or cover of postal materials and also the vouchers of postal services shall not be printed (written) or stuck with any words or any other objects which have nothing to do with the postal materials; the facade of postage certificates shall not be smeared, or covered with any other objects; no forged, facsimiled, cut and pieced together, or processed for decontamination postal certificates may be used.
Article 33 It shall be forbidden to post and deliver or to insert in postal materials the following objects: (1) articles forbidden by law to be put in circulation or to be posted and delivered; (2) reactionary newspapers, magazines, and propaganda materials, or pornographic articles; (3)explosive, combustible, corrosive, radioactive, poisonous, or any other dangerous articles; (4) articles that are harmful to public sanitation; (5) perishables; (6) various species of live animals; (7) various currencies; (8) articles that are not fit for delivery by post; (9) articles that are not properly packed so that they might jeopardize personal safety, or contaminate or damage other postal materials or equipment. The articles mentioned in the preceding paragraph, which meet the provisions of the Ministry of Post and Telecommunications for delivery with special approval, may be accepted and posted on the condition that safety is guaranteed.
Article 34
Article to be posted and delivered in the country with restricted quantities shall be stipulated by the Ministry of Post and Telecommunications in conjunction with the departments concerned under the State Council.
Article 35 With respect to articles posted or delivered in violation of the pertinent provisions for forbidding or restricting their posting and delivery, the postal enterprises or their branch offices shall, in accordance with their categories, natures, or quantities, handle them respectively in the following ways: (1) to withdraw the articles in question from delivery; (2) to notify the sender to take back the articles within a prescribed period of time, and, if the sender fails to do so when the prescribed time limit expires, the said articles shall be disposed of right on the spot; (3) to transfer the articles to the department concerned to be disposed of according to law; (4) with respect to articles which have jeopardized personal safety, or have contaminated or damaged other postal materials, the sender shall hold the liability for compensation. The expenses entailed from the handling of the cases mentioned in items (2) and (3) in the preceding paragraph shall be borne by the sender.
Article 36 With respect to newly-established enterprises or institutions, or newly- built residential buildings, the units concerned or the competent departments of residential buildings shall go through the registration procedures for the delivery of postal materials with the local postal enterprises or their branch offices; in the event that a unit is to change its name, or a recipient is to change his/her address, it/he/she shall notify the local postal enterprise or its branch office of the change in advance, or go through the procedures for the change to a new address of the recipient. The postal enterprise shall make known to the public the place for registration and the telephone number. The postal enterprises concerned or their branch offices shall permit units or individuals with following the conditions to go through the procedures for registration, and shall, within 90 days from the date of registration, make arrangements for delivery: (1) possessing the conditions for passage of postal vehicles and postal staff to execute their duties; (2) having the house numbers arranged in a unified way by the public security organs; (3) having installed letter and newspaper boxes or having set up offices for incoming and outgoing mail; or (4) having completed due formalities where procedures for registration of both the Chinese and foreign names are required according to relevant regulations.
Article 37 Postal materials shall be delivered in the following ways, except as otherwise provided by the Ministry of Post and Telecommunications: (1) delivery by address: Postal materials of urban and rural residents shall be delivered in accordance with the addresses of the recipients to the mailboxes or to the offices for incoming and outgoing mail installed at the entrances to the courtyards of single-story houses or on the ground floors of the storeyed buildings. Postal materials of units, of the affiliated institutions to the units and individuals of the units, as well as of users living in the dormitories within the courtyards shall be delivered to the offices for incoming and outgoing mail of the units. The office for incoming and outgoing mail shall be set up on the ground floor of storeyed building; if two or more separate units share a same place, they shall decide through consultation on a single site for receiving postal materials in a unified way. If it is necessary to deliver postal materials and newspapers and magazines upstairs, the users shall consult with the postal enterprise concerned or its branch office, and, in accordance with pertinent provisions, pay charges for such special services. Postal materials of the rural and pastoral areas shall, in the light of specific conditions of communications and the quantities of postal materials, be delivered generally to a fixed place at a township or an administrative village; with respect to postal materials of places under a township or an administrative village, the people's government of the township or the villagers committee shall consult with the postal enterprise concerned or its branch office to find a proper way of delivering postal materials to the recipients. Postal materials to be delivered to vessels shall be delivered to the office for incoming and outgoing mail of a department to which the said vessels are subordinate. (2) collection by users: Postal materials that must be collected by going through the procedures with the postal enterprise or its branch office by presenting the written notice for receiving them, postal materials addressed to the number of a post office box (a mailbox used exclusively by a particular user), postal materials deposited at the post office for collection, postal materials which have exceeded the prescribed weight for delivery by address and postal materials in a large quantity shall be collected by users.
Article 38 In case that recipients receive vouchered postal materials, or remittees receive remittances, they shall present their valid certifying documents to the postal enterprise concerned or to its branch office, and shall also affix their seals to, or sign their names on, the relevant vouchers. In case that an acting recipient is entrusted, by a recipient (or by a remittee), with the receiving of vouchered postal materials (or remittances), the said acting recipient shall present the valid certifying documents of the recipient (or the remittee) and of the acting recipient; and, after the postal enterprise, or its branch office, has verified and confirmed the documents, the acting recipient shall receive the postal materials (or remittances) by affixing his/her seal to, or signing his/her name on, the relevant voucher. The valid certifying documents shall include the resident's identification card, the residence booklet, and the employee's card.
Article 39 In the event that a recipient, on receiving vouchered postal materials, has discovered that the wrapper (of postal materials) has been torn or damaged, he/she shall announce this on the spot and check the contents. If the shortage or damage of the contents has been definitely caused by the negligence of the postal enterprise or its branch office, or if the negligence of the postal enterprise or its branch office has caused the loss or damage of vouchered postal materials, the postal enterprise or its branch office shall make compensation in accordance with the pertinent provisions. In the event that the loss, damage of postal matters or shortage of contents has resulted from the fault of the personnel in charge of the incoming and outgoing mail in the recipient's work unit, such personnel shall hold the prescribed liability for compensation. The specific requirements for the transportation and delivery of postal materials shall be stipulated by the Ministry of Post and Telecommunications, and shall be made known to the public. If the transportation and delivery of postal materials have violated the provisions formulated by the Ministry of Post and Telecommunications, the postal enterprise or its branch office concerned shall make compensations to the users; and the specific measures for making the compensation shall be stipulated by the Ministry of Post and Telecommunications.
Article 40 In case a user has received postal materials by mistake, he/she shall return them, in good time, to the postal enterprise or its branch office; postal materials opened by a user by mistake shall be re-sealed and signed by the said user and returned to the postal enterprise or its branch office, and the said user shall keep secret the contents of the postal materials opened by mistake.
Article 41 When the personnel of a unit, who are in charge of incoming and outgoing mail, are taking over vouchered postal materials, they shall check the number or quantity of the postal materials carefully to make sure that no mistake is made before they affix their seal, for acknowledgment of receipt, to the detailed list of the postal materials received. The personnel, who are in charge of incoming and outgoing mail, have the responsibility to protect and despatch, without delay, various categories of postal materials; they shall not open without permission, conceal, destroy or discard, postal materials, or tear off postage stamps from postal materials. Chapter VI The Transportation, Customs Examination and Quarantine Inspection of Postal Materials
Article 42 The Ministry of Post and Telecommunications and the administrative bureaus of post and telecommunications shall timely inform the transport departments concerned of the changing conditions of the direction of flow and rate of flow of postal materials to be transported. Various transport departments shall, in accordance with the needs of postal correspondence, give priority to the provision of valid train numbers, flight numbers and shipping space. The transport departments concerned shall, at railway stations, airports, ports and wharves, make proper arrangements for sites, in-and-out passage ways, premises for leading, unloading and storing postal materials as well as information installations for circulating information about the conditions of driving and navigation. With respect to newly-built, rebuilt, and expanded railway stations, airports, ports and wharves, it shall be necessary to work out a unified plan of making arrangements for sites and passageways for storing and transshipment of postal materials, and the expenses thus entailed for the capital construction shall be borne by the postal enterprises.
Article 43 When a postal enterprise entrusts a transport department with the transportation of postal materials, an agreement for the transportation of postal materials shall be concluded.
Article 44 Postal materials, which have been contracted for transportation by a transport unit, shall have the priority over the transportation of ordinary goods. In the event that, for one reason or another, the shipment has to be suspended temporarily, or the shipping time or berthing place has been changed, the transport unit shall inform the postal enterprise or its branch office of the situation without delay.
Article 45 Vessels carrying postal materials shall fly the post flag; and various ports concerned shall give priority of clearance to vessels that fly the post flag.
Article 46 When a transport unit has contracted for the transportation of postal materials, except for where the postal enterprise or its branch office sends personnel to escort the transportation, it shall go through the formalities with the postal enterprise or its branch office for handing over, and signing for the receipt of, relevant postal materials. With the exception of the cause of force majeure, if any loss, shortage or damage has happened to postal materials under the safe-keeping of a transport unit or on the way of transportation, the transport unit concerned shall compensate therefor in accordance with the provisions in the agreement for the transportation of postal materials. In the event that a vessel carrying postal materials has met with perils of the sea and must jettison the goods it carries, it must not jettison the postal materials it carries until the last minute.
Article 47 When vehicles, vessels and postal staff, which/who are carrying out the task of transporting and delivering postal materials, are passing bridges, ferry crossings, tunnels or inspection stations, the departments concerned shall give them priority in clearance. When postal vehicles bearing the special postal marks are transporting and delivering postal materials, they may, on the strength of the pass verified and issued by the public security organs, take the routes close to traffic and park in the no- parking sectors without restriction. In the event that postal vehicles or postal staff have violated traffic rules and regulations in the course of transporting or delivering postal materials, the competent departments shall give them clearance after recording the cases, and deal with them afterwards, when they have carried out their tasks of transportation or delivery.
Article 48 The postal enterprise shall, in accordance with the operational timetable formulated on the basis of the transporting vehicles' time of arrival at a station (a port) and time of departure from a station (a port), and also with time limit for transportation or delivery, inform the Customs of any change in such timetable 3 days in advance. The Customs shall, in accordance with the operational timetable notified by the postal enterprise, send personnel to the site to supervise and handle international postbags, and to inspect incoming and outgoing international postal articles; if the personnel sent by the Customs fail to arrive at the site when the time limit expires, the Customs shall be held responsible for the consequences caused by the delay of the operational time limit. When the Customs inspects international postbags according to law, the inspection shall be carried out in the presence of the users at the place where the Customs establishment is located. In the event that the recipient or sender of postal materials is unable to be present at the site, the Customs shall open the postbags for inspection, with the cooperation of postal staff on the scene. The postbags, which have been opened for inspection, shall be sealed up again jointly by the Customs and the postal enterprise with sealing marks or stamps of both. The printed matters opened for inspection according to law by the Customs shall be sealed up again with a Customs sealing mark or stamp.
Article 49 In case that a user sends postal materials which are subject to health and quarantine inspection or animal and plant quarantine inspection, the postal materials must be attached with a quarantine certificate. The quarantine offices shall inspect and give clearance to the postal materials without delay, in order to guarantee the time limit for transportation or delivery of the postal materials.
Article 50 When the Customs and the quarantine office are inspecting international postal articles or conducting quarantine inspection or postal materials according to law, they shall take proper care of them; if it is necessary to seal them up for safekeeping, in addition to sending a notice to the sender or the recipient, the Customs and the quarantine office shall go through the hand-over procedures with the postal enterprises or its branch office, and be responsible for the safekeeping; the period of sealing up for safekeeping shall not exceed 45 days. If, under special circumstances, the period of sealing up for safekeeping needs to be extended, the consent from the postal enterprise or its branch office and from the sender or the recipient shall be obtained, and this shall be done on the condition that the said international postal articles or postal materials being sealed up shall not suffer any losses. When the seal-up international postal
Articles or postal materials are returned to the postal enterprise or its branch office, the postal staff shall check carefully to see if they are all in good condition before they sign to acknowledge the hand-over. With respect to international postal articles that are to be confiscated according to law, or postal materials that, after health and quarantine inspection and animal and plant quarantine inspection, must be destroyed, the Customs or the quarantine office shall issue a written notice concerning the confiscation or quarantine disposal, and also notify without delay, the sender or the recipient and the postal enterprise or its branch office. In the event that the international postal articles, which are placed under inspection and sealed up for safe-keeping according to law, are found to have been lost, short of number or quantity, or damaged, the Customs or the quarantine office shall be held responsible for compensation or for handling the case.
Article 51 If the inspection of postal articles or the health and quarantine inspection on postal materials carried out according to law, calls for the use of sites or premises of the postal enterprise or its branch office, the case shall be handled, through consultation, by the postal enterprise jointly with the departments concerned in accordance with the needs of work and objective possibilities.
Article 52 The Customs shall, when handling according to law ownerless international postbages, pay the relevant postal expenses.
Article 53 The ways for the transmission of Customs documents for outgoing international postal materials shall be decided on by the General Customs Administration jointly with the Ministry of Post and Telecommunications through consultation. Chapter VII Penalty Provisions
Article 54 Those who have violated the provisions in Article 11 of these Rules shall be penalized by the department concerned according to the pertinent provisions of the State and in the light of the seriousness of the cases; those who have violated the pertinent provisions concerning public security shall be penalized by the public security organs in accordance with the Regulations of the People's Republic of China on Administration Penalties for Public Security.
Article 55 Those who have violated the provisions of Item 3 in Article 33 of these Rules but have not caused serious consequences shall be dealt with by the public security organs in accordance with the Regulations of the People's Republic of China on Administration Penalties for Public Security.
Article 56 Those who have forged, or falsely used the special postal mark and the postal uniform, or the postal date-stamp, postal tongs, and postbags and other special postal articles, shall be penalized with a fine of 1,500 yuan or less by the administrative bureau of post and telecommunications or by a unit authorized by it; in addition, the relevant articles mentioned above shall be confiscated.
Article 57 Those who, for the purpose of making profits, have forged postage certificates, facsimiled postage stamp patterns without permission, or printed postcards with the inscription "The People's Postal Service of China", shall be penalized with a fine of 5,000 yuan or less by the administrative bureau of post and Telecommunications or by a unit authorized by it; in addition, their illegal gains and the illegal
Articles shall be confiscated. In case that a user has purposefully used postage certificates, which are not in conformity with the pertinent provisions, on postal materials he/she posts, the postal enterprise or its branch office shall refuse to dispatch them, notify the sender to withdraw them within a fixed period of time, and, in addition, impose on the sender a fine equal to 10 times the postage the said user ought to pay; if it is impossible to notify the sender, or the sender fails to go through the formalities for withdrawing the aforesaid postal materials when the time limit expires, the postal materials shall be disposed of as ownerless ones.
Article 58 In case that postal staff have concealed, destroyed, discarded, opened without permission, or stolen postal materials, or have embezzled or falsely claimed a user's remittance, the postal enterprise shall recover the illicit money and the stolen goods, may concurrently impose a fine on the offenders, and may even, in accordance with the seriousness of the circumstances, impose disciplinary sanctions on them. The specific measures shall be formulated by the Ministry of Post and Telecommunications.
Article 59 Those who have violated the provisions in the second paragraph of Article 41 of these Rules shall have their responsibilities investigated in accordance with the provisions in Article 36 of The Postal Law.
Article 60 For any violation of the provisions of these Rules that constitutes a crime, the criminal responsibilities shall be investigated by the judicial organs according to law.
Article 61 Those who have received or opened other person's letters or mail by mistake but refused to return the letters or mail to the recipient, or who have already returned the letters or mail but have disclosed the contents of the letters or mail, thereby having encroached upon other person's right of freedom of correspondence, shall have their responsibilities investigated in accordance with the provisions in Article 36 of The Postal Law. Chapter VIII Supplementary Provisions
Article 62 The public security organs, the state security organs, and the procuratorial organs, as mentioned in these Rules, refer to the public security organs, the state security organs, and the procuratorial organs at or above the county level.
Article 63 The Ministry of Post and Telecommunications may, in accordance with these Rules, formulate pertinent rules and regulations.
Article 64 The right to interpret these Rules shall reside in the Ministry of Post and Telecommunications.
Article 65 These Rules shall go into effect as of the date of promulgation.
发文文号：国务院令第65号
发文部门：国务院
发文时间：1990-11-12
实施时间：1990-11-12
法规类型：国家基本法规附属文件
所属行业：交通运输、仓储及邮电通信业
所属区域：中国
发文内容：
第一章 总则
第一条 根据《中华人民共和国邮政法》(以下简称《邮政法》)的规定,制定本实施细则｡
第二条 中华人民共和国邮电部(以下简称邮电部)是国务院邮政主管部门,管理全国邮政工作｡
各省､自治区､直辖市邮电管理局(以下简称邮电管理局)是地区邮政管理机构,管理该地区的邮政工作｡
第三条 市､县邮电局(含邮政局,下同)是全民所有制的经营邮政业务的公用企业(以下简称邮政企业),经邮电管理局授权,管理该地区的邮政工作｡
邮电支局､邮电所､邮政支局､邮政所是办理邮政业务的分支机构(以下简称分支机构);邮亭､邮政报刊亭等是邮政企业的服务点｡
邮电代办所视同邮政企业所属的分支机构｡
第四条 未经邮政企业委托,任何单位或者个人不得经营信函､明信片或者其他具有信件性质的物品的寄递业务,但国务院另有规定的除外｡
信函是指以套封形式传递的缄封的信息的载体｡其他具有信件性质的物品是指以符号､图象､音响等方式传递的信息的载体｡具体内容由邮电部规定｡
第五条 邮政企业委托其他单位或者个人代办邮政业务时,应当协商一致,并签订代办合同｡
第六条 凡使用我国邮政业务的一切单位或者个人统称邮政用户(以下简称用户)｡
第七条 邮政企业应当为用户提供迅速､准确､安全､方便的邮政服务,保障用户使用邮政的合法权益｡
任何单位或者个人均负有保护通信自由､通信秘密和邮件安全的责任;任何单位或者个人不得利用邮政业务进行法律､法规和政策所禁止的活动｡
除因国家安全或者追查刑事犯罪需要,由公安机关､国家安全机关或者检察机关依法对通信进行检查外,邮件在运输､传递过程中,任何单位或者个人不得以任何理由检查､扣留｡
第八条 因国家安全或者追查刑事犯罪需要,公安机关､国家安全机关､检察机关检查､扣留邮件,冻结汇款､储蓄存款时,必须依法向相关县或者县级以上的邮政企业､邮电管理局出具相应的检查､扣留､冻结通知书,并开列邮件､汇款､储蓄存款的具体节目,办理检查､扣留､冻结手续后,由邮政企业指派专人负责拣出,逐件登记后办理交接手续;对于不需要继续检查､扣留､冻结或者查明与案件无关的邮件､汇款､储蓄存款,应当及时退还邮政企业｡邮件､汇款､储蓄存款在检查､扣留､冻结期间造成丢失､损毁的,由相关的公安机关､国家安全机关､检察机关负责赔偿｡
第九条 人民法院､检察机关依法没收国内邮件､汇款､储蓄存款时,必须出具法律文书,向相关县或者县级以上邮政企业､邮电管理局办理手续｡没收进出口国际邮递物品应当由海关作出决定,并办理手续｡
第十条 有关单位依照法律规定需要收集､调取证据､查阅邮政业务档案时,必须凭相关邮政企业所在地的公安机关､国家安全机关､检察机关､人民法院出具的书面证明,并开列邮件具体节目,向相关县或者县级以上的邮政企业､邮电管理局办理手续｡
第十一条 任何单位或者个人不得从事下列行为妨害邮政工作的正常进行:
(一)损坏邮政设施;
(二)在邮政企业及分支机构门前或者出入通道设摊､堆物,妨害用户用邮或者影响运邮车辆通行;
(三)在办理邮政业务的场所无理取闹或者扰乱正常秩序;
(四)阻碍邮政工作人员依法执行公务或者寻衅滋事;
(五)拦截邮政运输工具､非法阻碍邮件运递或者强行登乘邮政运输工具;
(六)非法检查或者截留邮件;
(七)其他妨害邮政企业及分支机构或者邮政工作人员正常工作的行为｡
第二章 邮政企业的设置和邮政设施
第十二条 邮政企业及分支机构的设置标准,由邮电部规定;邮政企业的设置或者撤销,由邮电部批准;分支机构的设置或者撤销,由邮电管理局批准,报邮电部备案｡
第十三条 地方各级人民政府应当将邮政企业及分支机构的设置和邮政设施的建设纳入城乡建设规划｡
第十四条 建设城市新区､独立工矿区､住宅区或者旧城区成片改造,应当同时规划和设置与之配套的邮政企业及分支机构和邮政设施｡
第十五条 邮政企业依法设置邮亭､邮政报刊亭､邮筒､信箱或者流动服务时,有关单位或者个人应当提供方便｡
第十六条 接收邮件的信报箱是居民楼房的配套设施,设计单位应当将其纳入民用住宅建筑设计标准｡
居民楼房每一单元的地面层应当安装与住户房号相适应的信报箱或者在楼房集中处设置信报箱间(群),供住户接收邮件使用｡
信报箱由居民楼房的产权所有者或者管理单位负责维修､更换,也可以委托当地邮政企业或者其分支机构维修､更换,所需工料费由委托单位支付｡
第十七条 较大的车站､机场､港口､饭店､应当在方便旅客的地方提供办理邮政业务的场所;邮政企业应当提供邮政业务服务｡
第十八条 任何单位因建设需要,征用､拆迁邮政企业及分支机构或者邮政设施时,应当与当地邮政企业协商,在保证邮政通信正常进行的情况下,应当将邮政企业及分支机构､邮政设施迁至适宜的地方或者另建,所需费用由征用､拆迁单位承担｡
第三章 邮政业务的种类
第十九条 邮政企业经营国内､国际邮件的寄递业务和邮件的特快专递业务｡
国内邮件是指在中华人民共和国领域内互寄的邮件,其中寄自或者寄往香港､澳门､台湾地区的邮件称港澳台地区邮件;国际邮件是指中华人民共和国与其他国家､地区之间互寄的邮件和其他国家､地区通过中国境内经转的邮件｡
第二十条 国内报刊发行业务是指报刊社委托邮政企业发行报纸､杂志的业务｡
第二十一条 报刊社委托邮政企业发行报刊时,应当根据报刊发行的范围向指定的邮政企业或者邮政报刊发行局,出具有关主管部门批准出版和领有报纸､期刊登记证的证明｡邮政企业有接办发行能力的,应当与报刊社遵循平等互利､协商一致､等价有偿的原则,按照国家有关规定签订报刊发行合同｡
第二十二条 邮政储蓄､邮政汇兑业务是邮政企业为国家积聚资金､沟通经济往来所经办的金融业务,由邮电部统一管理,并按照国家有关规定,在金融业务上接受中国人民银行的指导｡各相关银行应当为邮政企业办理的储蓄､汇兑业务提供便利｡
第二十三条 各项邮政业务的具体种类和邮件分类,由邮电部规定｡
第四章 邮政业务资费和邮资凭证
第二十四条 邮政业务的基本资费是指邮政专营的国内平常信函､明信片的资费;非基本资费是指基本资费以外的邮政业务资费｡
邮政业务的基本资费由国务院物价主管部门制定,报国务院批准;非基本资费由邮电部规定｡
第二十五条 制定和调整邮政业务资费的依据是:
(一)以保证邮政通信企业的成本费用和自我发展能力为原则,适应社会需要;
(二)国内邮政业务资费,依据支出费用的变动相应调整;
(三)国际邮政业务资费,依据“万国邮政联盟”的规定和国际､国内成本费用以及人民币汇率比价的变化作相应调整｡
第二十六条 邮资凭证是邮电部发行的,作为邮件纳费标志的有价证券,包括邮票,印在邮资信封､邮资明信片､邮资邮简上的邮票图案,邮资机打印的邮资符志｡
第二十七条 “万国邮政联盟”发行的国际回信券,可以根据国际统一规定,兑换成等于特定重量级别的特定类别资费的邮票,但是不得兑换现金｡
第二十八条 因工作需要,仿印邮票图案的,必须按照仿印邮票图案的有关规定,报经邮电部邮票主管部门或者有关邮电管理局审核､批准｡
印刷单位不得承印未经批准的仿印邮票图案和与邮票相似的印件｡
第二十九条 印制通信使用的信封必须符合国家标准,并由当地邮电管理局监制｡
第三十条 印制明信片必须符合邮电部规定的规格标准｡
县以上邮政企业,经邮电管理局批准,可以印制､发行带有“中国人民邮政”字样的明信片;其他单位印制明信片,由当地邮电管理局监制,但不得带有“中国人民邮政”字样｡
第五章 邮件的寄递和损失赔偿
第三十一条 义务兵从部队发出的平常信函,免费寄递,其他军人不得免费寄递信函｡义务兵寄递平常信函的监督管理办法由邮电部会同中国人民解放军有关部门制定｡
第三十二条 用户交寄邮件应当符合邮电部规定的准寄内容､封装规格､书写格式,并正确书写邮政编码,其中,用户交寄信函使用的信封,必须符合国家标准;邮件封面和邮政业务单式上不得印(写)有或者粘贴与邮件无关的文字或者其他物品;邮资凭证正面不得涂抹､覆盖其他物品;不得使用伪造､仿印､剪割拼补､加工去污的邮资凭证｡
第三十三条 禁止寄递或者在邮件内夹带下列物品:
(一)法律规定禁止流通或者寄递的物品;
(二)反动报刊书籍､宣传品或者淫秽物品;
(三)爆炸性､易燃性､腐蚀性､放射性､毒性等危险物品;
(四)妨害公共卫生的物品;
(五)容易腐烂的物品;
(六)各种活的动物;
(七)各种货币;
(八)不适合邮寄条件的物品;
(九)包装不妥,可能危害人身安全､污染或者损毁其他邮件､设备的物品｡
前款物品,符合邮电部特准交寄规定并确保安全的,可以收寄｡
第三十四条 国内限量寄递物品由邮电部会同国务院有关部门规定｡
第三十五条 对于违反禁寄､限寄规定寄递的物品,邮政企业或者分支机构应当根据其种类､性质､数量等分别作出下列处理:
(一)不予寄递;
(二)通知寄件人限期领回,逾期不领的就地处理;
(三)移送相关部门依法处理;
(四)造成危害人身安全或者污染､损毁其他邮件､设备的,由寄件人承担赔偿责任｡
按照前款(二)项､(三)项处理所需的费用,由寄件人承担｡
第三十六条 新建的企业､事业､居民住宅,应当由单位或者居民住宅的主管部门到当地邮政企业或者分支机构办理邮件投递登记手续;单位更改名称､收件人变更地址,应当事先通知当地邮政企业或者分支机构,也可以办理邮件改寄新址手续｡邮政企业应当公布登记地点和电话号码｡
具备下列条件者,有关邮政企业或者分支机构应当予以登记,并自登记之日起九十日内安排投递:
(一)具备邮政车辆和邮政工作人员执行公务的通行条件;
(二)有公安机关统一编制的门牌号数;
(三)已安装接收邮件的信报箱或者已设立收发室;
(四)按规定需要办理中外文名称登记的,应当办妥手续｡
第三十七条 邮件的投递方式,除邮电部另有规定外,按下列方式投递:
(一)按址投递
城镇居民的邮件,按收件人地址投递到平房院落门口或者楼房地面层的信报箱或者收发室｡单位､单位内附设的机构和个人以及单位院内宿舍用户的邮件,投递到单位收发室｡收发室应当设在楼房的地面层,两个以上单位同在一处的,应当商定统一接收邮件的地点｡需要上楼投递邮件､报刊的,用户应当与相关邮政企业或者分支机构协商,并按照规定由用户支付特殊服务费｡
农村､牧区的邮件,根据交通条件和邮件量的具体情况,一般投递到乡或者行政村的固定地点;乡或者行政村以下的邮件,由乡人民政府或者村民委员会与邮政企业或者分支机构协商妥交收件人的方式｡
寄交船舶的邮件,投递到船舶隶属单位的收发室｡
(二)用户领域
必须凭通知单到邮政企业或者分支机构办理手续才能领取的邮件,以邮政信箱(用户专用信箱)号码为收件人地址的邮件,存局候领的邮件,超出按址投递规定重量的邮件以及大宗邮件,采用用户领取的方式｡
第三十八条 收件人领取给据邮件,收款人兑领汇款,应当向相关邮政企业或者分支机构交验本人有效证件,并在相关单式上盖章或者签名｡
代收人受收件(款)人委托,代收给据邮件(汇款)时,应当交验收件(款)人和代收人的有效证件,经邮政企业或者分支机构确认后,由代收人盖章或者签名接收｡
有效证件包括居民身份证､户口簿､工作证｡
第三十九条 收件人接收给据邮件时发现封皮破损,应当场声明,并核对内件｡确属邮政企业或者分支机构的责任而造成内件短少､损毁的,或者由于邮政企业､分支机构的责任造成给据邮件丢失､损毁的,邮政企业或者分支机构应当按照规定予以赔偿｡由于收件人所在单位收发人员的过失造成给据邮件丢失､损毁､内件短少者,相关收发人员应当承担规定的赔偿责任｡
邮件运递的具体要求由邮电部规定,并予以公告｡邮件运递违反邮电部规定的,邮政企业或者分支机构应当向用户补偿,具体补偿办法由邮电部规定｡
第四十条 用户误收的邮件,应当及时退还邮政企业或者分支机构;用户误拆的邮件应当重封签章后退还邮政企业或者分支机构,并对误拆邮件的内容保守秘密｡
第四十一条 单位收发人员接收给据邮件时,应当认真点核无误后,在相关清单上盖章签收｡
收发人员对于各种邮件负有保护和及时传送的责任,不得私拆､隐匿､毁弃邮件或者撕揭邮票｡
第六章 邮件的运输､验关和检疫
第四十二条 邮电部､邮电管理局应当把邮件运输流向流量变化情况及时通告相关运输部门｡各运输部门应当根据邮政通信需要,优先提供有效的车次､航班､舱容｡
相关运输部门应当在车站､机场､港口､码头妥善安排装卸､储存邮件和作业所需的场地､出入通道､房屋,以及通报行车或者航行情况的信息设施｡
新建､改建､护建车站､机场､港口､码头,应当统一规划邮件存放､转运所需的场地和通道,其有关基建费用由邮政企业承担｡
第四十三条 邮政企业委托运输单位运送邮件,应当签订运邮协议｡
第四十四条 运输单位承运的邮件应当先于货物发运｡因故临时停运或者改变运行时间､停靠位置时,运输单位应当及时通知邮政企业或者分支机构｡
第四十五条 载有邮件的船舶应当悬挂邮旗,各有关港口对于悬挂邮旗的船舶应当优先放行｡
第四十六条 运输单位承运邮件,除邮政企业或者分支机构派员押运者外,应当与邮政企业或者分支机构办理交接签收手续｡
除不可抗力原因外,邮件在运输单位保管期间或者在运输途中发生丢失､短少､损毁等,相关运输单位应当按照运邮协议的规定予以赔偿｡
运邮船舶发生海难必须抛弃所载货物时,非至最后,不得抛弃所运邮件｡
第四十七条 执行邮件运输和投递任务的车､船､邮政工作人员通过桥梁､渡口､隧道､检查站时,有关方面应当优先放行｡带有邮政专用标志的邮政车辆在运递邮件时,凭公安机关核发的通行证,可以不受禁行路线､禁停地段的限制｡运邮车辆或者邮政工作人员在运递邮件途中违章,有关主管部门应当记录后放行,待其完成运递任务后,再行处理｡
第四十八条 邮政企业依据运输工具到站(港)､离站(港)时间和运递时限制订的作业时间表应当在变更前三日通知海关｡海关应当按照邮政企业通知的作业时间表派员到场监管国际邮袋､查验进出口国际邮递物品;逾时不到场,延误运递时限造成的相关责任,由海关承担｡
海关依法查验国际邮包时,在设关地应当与用户当面查验｡收､寄件人不能到场的,由海关开拆查验,邮政工作人员在场配合｡被开拆查验的邮包,由海关和邮政企业共同封装,双方加具封签或者戳记｡海关依法开拆查验的印刷品,应当重封并加具海关封签或者戳记｡
第四十九条 用户交寄应当施行卫生检疫或者动植物检疫的邮件,必须附有检疫证书｡检疫部门应当及时对邮件进行验放,以保证邮件的运递时限｡
第五十条 海关､检疫部门依法查验国际邮递物品或者检疫邮件,应当注意爱护;需要封存时,除向寄件人或者收件人发出通知外,应当同邮政企业或者分支机构履行交接手续,并负责保管,封存期不得超过四十五日｡特殊情况需要延长封存期的,应当征得邮政企业或者分支机构及寄件人或者收件人的同意,并以不致造成被封存国际邮递物品或者邮件的损失为前提｡被封存国际邮递物品或者邮件退还邮政企业或者分支机构时,邮政工作人员应当核对无误后予以签收｡
依法没收国际邮递物品或者经卫生､动植物检疫必须依法销毁的邮件,海关或者检疫部门应当出具没收或者检疫处理通知单,并及时通知寄件人或者收件人和邮政企业或者分支机构｡
国际邮递物品在依法查验､封存期间,发生丢失､短少､损毁等,由海关或者检疫部门负责赔偿或处理｡
第五十一条 依法查验邮递物品或者对邮件实施检疫需要使用邮政企业或者分支机构的场地和房屋时,由邮政企业与有关部门根据工作需要和实际可能协商解决｡
第五十二条由海关依法处理的无着进口国际邮包,海关应当支付相关邮政费用｡
第五十三条 出口国际邮件的海关关单的传递方式由海关总署与邮电部商定｡
第七章 罚则
第五十四条 违反本细则第十一条规定的,由有关部门按照国家有关规定根据情节轻重,予以处罚;违反治安管理有关规定的,由公安机关依照《中华人民共和国治安管理处罚条例》处罚｡
第五十五条 违反本细则第三十三条第三项规定,尚未造成严重后果的,由公安机关依照《中华人民共和国治安管理处罚条例》处理｡
第五十六条 伪造或者冒用邮政专用标志､邮政标志服或者邮政日戳､邮政夹钳､邮袋等邮政专用品的,由邮电管理局或其授权单位处以一千五百元以下罚款,并没收有关物品｡
第五十七条 以营利为目的,伪造邮资凭证,未经许可仿印邮票图案或者印制带有“中国人民邮政”字样明信片的,由邮电管理局或其授权单位处以五千元以下罚款,并没收非法所得和非法物品｡
由于用户的故意,交寄的邮件使用不符合规定的邮资凭证的,邮政企业或者分支机构不予发寄,通知寄件人限期撤回,并处以应付邮资十倍的罚款;无法通知寄件人或者逾期不办理撤回手续的,作为无着邮件处理｡
第五十八条 邮政工作人员隐匿､毁弃､私拆､盗窃邮件,贪污､冒领用户款项的,邮政企业应当追回赃款赃物,可以并处罚款,还可以根据情节轻重,给予行政处分｡具体办法由邮电部规定｡
第五十九条 违反本细则第四十一条第二款规定的,依照《邮政法》第三十六条规定追究责任｡
第六十条 违反本细则规定,构成犯罪的,由司法机关依法追究刑事责任｡
第六十一条 误收､误拆他人信件不予退还或者已退还但泄露信件内容,侵犯他人通信自由权利的,依照《邮政法》第三十六条规定追究责任｡
第八章 附则
第六十二条 本细则所称公安机关､国家安全机关､检察机关是指县以上(含县级)公安机关､国家安全机关､检察机关｡
第六十三条 邮电部可以根据本细则制定有关规章｡
第六十四条 本细则由邮电部负责解释｡
第六十五条 本细则自发布之日起施行｡
RULES FOR THE IMPLEMENTATION OF THE POSTAL LAW OF THE PEOPLE'SREPUBLIC OF CHINA Important Notice: (注意事项) 英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民 共和国涉外法规汇编》(1991年7月版). 当发生歧意时, 应以法律法规颁布单位发布的中文原文为准. This English document is coming from the "LAWS AND REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7) which is compiled by the Brueau of Legislative Affairs of the State Council of the People's Republic of China, and is published by the China Legal System Publishing House. In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文) RULES FOR THE IMPLEMENTATION OF THE POSTAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA (Promulgated by Decree No. 65 of the State Council of the People's Republic of China on November 12, 1990, and effective as of the date of promulgation)
Chapter I General Provisions
Article 1
These Rules are formulated in accordance with the Postal Law of the People's Republic of China (hereinafter referred to as the Postal Law).
Article 2
The Ministry of Post and Telecommunications of the People's Republic of China (hereinafter referred to as the Ministry of Post and Telecommunications) shall be the competent department of postal services under the State Council and shall administer postal services throughout the country. The administrative bureaus of post and telecommunications of various provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as the administrative bureaus of post and telecommunications) shall be the regional administrative organs of postal services, which shall administer postal services of respective regions.
Article 3 The municipality or county bureaus of post and telecommunications (including the post offices, - the same below) shall be public enterprises owned by the whole people that operate postal business (hereinafter referred to as "Postal enterprises"), and, after being authorized by the administrative bureaus of post and telecommunications, shall be responsible for the administration of postal services of the respective localities. The branch post and telecommunications bureaus, the post and telecommunications offices, the branch post bureaus, and the postal offices shall be the branch offices that handle postal business (hereinafter referred to as "the branch office"); the postal kiosks and newspaper and periodical stands shall be the service points of postal enterprises. The post and telecommunications agencies shall be considered as branch offices postal enterprises.
Article 4 Without the entrustment by the postal enterprises, no unit or individual may operate posting and delivery of letters, postcards or other articles with characteristics of mail, except as otherwise provided by the State Council. The letters refer to those carriers which transit information by using sealed envelopes. The other articles with characteristics of mail refer to those carriers which transmit information by using such forms as symbols, images, or sounds. The specific contents thereof shall be stipulated by the Ministry of Post and Telecommunications.
Article 5 In case that a postal enterprise entrusts other units or individuals with the handling of postal business, they shall reach an agreement through consultation and sign entrustment contracts.
Article 6 All units and individuals that make use of the postal services of China shall be generally called postal users (hereinafter referred to as users).
Article 7 A postal enterprise shall provide users with fast, accurate, safe and convenient postal services, and protect the lawful rights and interests of users in making use of postal services. Any unit of individual shall have the obligations to protect freedom and privacy of correspondence, and the safety of postal materials; no unit or individual may use postal services for activities forbidden by laws, regulations and policies. In the course of transportation and delivery of postal materials, no unit or individual shall inspect or detain the postal materials under any pretext, except when the inspection of correspondence according to law by public security organs, state security organs, or procuratorial organs is necessary for the state security or the investigation of criminal offences.
Article 8 In the event that a public security organ, a state security organ, or a procuratorial organ inspects or detains postal materials or freezes remittances or savings deposits out of the necessity for the state security or the investigation of a criminal offence, it is imperative for the aforesaid organs to issue according to law notifications of the relevant inspection, detention, or freezing to the postal enterprise or the administrative bureau of post and telecommunications concerned at or above the county level, and to make out a list of the specific items of postal materials, remittances, or savings deposits; after going through the procedures for inspection, detention or freezing, the postal enterprise shall appoint specially-designated persons to be responsible for sorting out the items in question, register them one by one, and then go through the hand-over procedures; with respect to those postal materials, remittances or savings deposits which need no further inspection, detention or freezing, or which have been proved through investigation to have nothing to do with the case concerned, they shall be returned to the postal enterprise without delay. In case that in the course of inspection, detention or freezing the postal materials, remittances or savings deposits are lost or damaged, the relevant public security, state security, or procuratorial organ shall be responsible for compensation.
Article 9 In case that a people's court, or a procuratorial organ confiscates domestic postal materials, remittances or savings deposits, it must present relevant legal documents, and go through the relevant procedures with the postal enterprise and administrative bureau of post and telecommunications at or above the county level. The decision on the confiscation of incoming or outgoing international postal articles shall be made by the Customs, which shall also complete the relevant procedures.
Article 10 In case that a unit concerned has the necessity to collect or obtain evidence or consult the postal business archives, according to law, it must obtain a written certificate issued by the public security organ, the state security organ, the procuratorial organ, or the people's court, in the place where the postal enterprise concerned is located, make a list of the specific items of postal materials, and then go through the relevant procedures with the postal enterprise and the administrative bureau of post and telecommunications at or above the county level.
Article 11 No unit or individual may commit the following acts that hamper the normal operations of postal services: (1) to damage postal installations; (2) to set up stalls or to stack up things in front of the entrance to, or in the in-and-out passage ways of postal enterprises or their branch offices, thereby hampering users to make use of postal services or blocking the passage of postal vehicles; (3) to make trouble willfully or disturb the normal order at the sites where postal business is conducted; (4) to hamper postal staff from executing their duties according to law, or to seek a quarrel; (5) to intercept postal means of transport, to hamper illegally the transportation and delivery of postal materials, or force their way to get on postal means of transport; (6) to inspect or detain postal materials illegally; (7) to commit other acts that hamper the postal enterprises or their branch offices or postal staff from performing their normal work. Chapter II The Establishment of Postal Enterprises and Postal Ins- tallations
Article 12 The standards for the establishment of postal enterprises and their branch offices shall be stipulated by the Ministry of Post and Telecommunications; the establishment and abolition of post enterprises shall be approved by the Ministry of Post and Telecommunications; the establishment and abolition of branch offices shall be approved by the administrative bureaus of post and telecommunications and be reported to the Ministry of Post and Telecommunications for the record.
Article 13 The local people's governments at various levels shall incorporate the establishment of postal enterprises and their branch offices as well as the construction of various postal installations into their urban and rural construction plans.
Article 14 While constructing new districts in cities, isolated industrial and mining areas and residential districts, as well as transforming large expanse of old urban districts, the planning and establishment of the matching postal enterprises and their branch offices as well as the various postal installations shall be carried out simultaneously.
Article 15 When postal enterprises establish postal kiosks, newspaper and periodical stands, pillar boxes, mail boxes or conduct mobile services according to law, the units and individuals concerned shall provide conveniences.
Article 16 Letter and newspaper boxes for receiving postal materials are the matching facilities in residential buildings, and designing units shall include them in the standard designs of the construction of residential buildings. Every construction unit of a residential building shall be installed, on the ground floor, with letter and newspaper boxes corresponding to the room numbers of the residents; or letter and newspaper boxes shall be installed in a place or room with easy access in the midst of buildings, for the residents to receive postal materials. The property right owners of residential buildings, or the administrative units shall be responsible for the maintenance and change of letter and newspaper boxes; the maintenance and change of letter and newspaper boxes may also entrusted to the local postal enterprises or their branch offices, and the expenses necessary for labour and materials shall be paid by the entrusting units.
Article 17 Places for handling postal business, conveniently accessible to passengers, shall be provided in relatively larger railway stations, airports, ports and hotels; the postal enterprises shall provide various postal services.
Article 18 Any unit that, for the needs of construction, requisitions, demolishes or removes a postal enterprise and its branch offices or the postal installations shall consult with the local postal enterprise; and, under the condition that the normal operations of postal correspondence are guaranteed, the said unit shall remove the postal enterprise and its branch offices as well as the postal installations to a proper place, or rebuild them, and the expenses thus entailed shall be borne by the unit that conducts the requisition, demolition and removing. Chapter III Categories of Postal Business
Article 19 Postal enterprises shall handle the posting and delivery of domestic and international postal materials as well as the express delivery of postal materials. Domestic postal materials refer to the postal materials exchanged within the territory of the People's Republic of China; those posted to or from the regions of Hong Kong, Macao, and Taiwan are called postal materials of the regions of Hong Kong, Macao and Taiwan; international postal materials refer to the postal materials exchanged between the People's Republic of China and other countries or regions, and postal materials transmitted by way of the territory of China.
Article 20 Distribution business of domestic newspapers and magazines refers to the business of distributing newspapers and magazines entrusted by newspaper and magazine offices to the postal enterprises.
Article 21 When newspaper and magazine offices entrust the postal enterprises with the distribution of newspapers and magazines, they shall, in accordance with the scope of the distribution of newspapers and magazines, present to the appointed postal enterprises or the bureaus for distribution of postal newspapers and magazines, certifications of having obtained the approval for publication by the competent department concerned and the registration certificate for newspapers and periodicals. The postal enterprises, which have the capacity for handling distribution business, shall sign contracts for the distribution of newspapers and magazines with the newspaper and magazine offices concerned in accordance with the pertinent provisions of the State, and in conformity with the principles of equality and mutual benefit, of achieving unanimity through consultation, and of equal prices and non-gratuitousness.
Article 22 Postal savings and postal remittances, which are financial businesses handled by postal enterprises for the purpose of accumulating funds for the State and facilitating economic transactions, shall be under the unified administration of the Ministry of Post and Telecommunications and shall, in accordance with the pertinent provisions of the State, accept the guidance of the People's Bank of China in financial businesses. All relevant banks shall provide conveniences for the businesses of postal savings and postal remittances conducted by the postal enterprises.
Article 23 The specific categories of postal businesses and the classification of postal materials shall be stipulated by the Ministry of Post and Telecommunications. Chapter IV Postal Rates of Postal Services and Postage Certi- ficates
Article 24 The basic postal rates of postal services refer to the postal rates for the domestic ordinary letters and postcards; the non-basic postal rates refer to the postal rates of postal services other than the basic postal rates. The basic postal rates of postal services shall be stipulated by the competent department for the administration of commodity prices under the State Council, and then be submitted to the State Council for approval; the non-basic postal rates shall be stipulated by the Ministry of Post and Telecommunications.
Article 25 The basis for the formulation and adjustment of postal rates of postal services shall be as follows: (1) to meet the social needs, on the condition that the cost expenses of enterprises of postal correspondence and their capacity for development are guaranteed; (2) to adjust postal rates of domestic postal services in the light of the changes in defrayment; (3) to adjust postal rates of international postal services in accordance with the provisions of the Universal Postal Union, the international and domestic cost expenses, and the changes in exchange rates for Renminbi (RMB).
Article 26 Postage certificates issued by the Ministry of Post and Telecommunications and used as securities indicating that the charges or fees for postal materials have already been paid shall include postage stamps, the postage stamp patterns printed on stamped envelopes, stamped postcards, stamped aerograms, and the "postage-paid" marking printed with a checking machine.
Article 27 The international reply-coupons issued by the Universal Postak Union may, in accordance with the international unified provisions, be converted into postage stamps equal to a specific category of postal rates for a specific class of weight; however, such international reply-coupons shall not be converted into cash.
Article 28 Where the making of facsimiles of stamp patterns is necessitated by work, it must be submitted, in accordance with the pertinent provisions for the making of facsimiles of postage stamp patterns, to the competent department for postage stamps under the Ministry of Post and Telecommunications, or to the administrative bureau of post and telecommunications concerned, for examination and approval. No printing unit may undertake the printing of unapproved facsimiles of stamp patterns or matters similar to postage stamps.
Article 29 Envelopes to be printed for use in correspondence must conform to the standards stipulated by the State, and the printing of such envelopes shall be supervised by the local administrative bureaus of post and telecommunications.
Article 30 Postcards to be printed must conform with the specification standards stipulated by the Ministry of Post and Telecommunications. Postal enterprises at or above the county level may, with the approval of the administrative bureaus of post and telecommunications, print and distribute postcards with the inscription: "The People's Postal Service of China" printed on them; if the printing of postcards is conducted by other units, the printing operation shall be under the supervision of the local administrative bureaus of post and telecommunications, but the postcards shall not carry the inscription "The People's Postal Service of China" Chapter V The Posting and Delivery of Postal Materials and the Compensation for Losses
Article 31 Ordinary letters to be sent by compulsory service-men from places where they are stationed shall be posted and delivered free of charge, but other armymen shall not post letters free of charge. Measures for the administration of affairs concerning the posting and delivery of ordinary letters by compulsory servicemen shall be formulated by the Ministry of Post and Telecommunications in conjunction with the department concerned of the Chinese People's Liberation Army.
Article 32 Users shall, in handling in or posting postal materials, comply with the provisions stipulated by the Ministry of Post and Telecommunications concerning the contents of postal materials, the specifications for packaging and sealing, the writing forms, and the correct writing of postcodes; especially the envelopes used by users for letters to be posted must meet the standards stipulated by the State; the surface or cover of postal materials and also the vouchers of postal services shall not be printed (written) or stuck with any words or any other objects which have nothing to do with the postal materials; the facade of postage certificates shall not be smeared, or covered with any other objects; no forged, facsimiled, cut and pieced together, or processed for decontamination postal certificates may be used.
Article 33 It shall be forbidden to post and deliver or to insert in postal materials the following objects: (1) articles forbidden by law to be put in circulation or to be posted and delivered; (2) reactionary newspapers, magazines, and propaganda materials, or pornographic articles; (3)explosive, combustible, corrosive, radioactive, poisonous, or any other dangerous articles; (4) articles that are harmful to public sanitation; (5) perishables; (6) various species of live animals; (7) various currencies; (8) articles that are not fit for delivery by post; (9) articles that are not properly packed so that they might jeopardize personal safety, or contaminate or damage other postal materials or equipment. The articles mentioned in the preceding paragraph, which meet the provisions of the Ministry of Post and Telecommunications for delivery with special approval, may be accepted and posted on the condition that safety is guaranteed.
Article 34
Article to be posted and delivered in the country with restricted quantities shall be stipulated by the Ministry of Post and Telecommunications in conjunction with the departments concerned under the State Council.
Article 35 With respect to articles posted or delivered in violation of the pertinent provisions for forbidding or restricting their posting and delivery, the postal enterprises or their branch offices shall, in accordance with their categories, natures, or quantities, handle them respectively in the following ways: (1) to withdraw the articles in question from delivery; (2) to notify the sender to take back the articles within a prescribed period of time, and, if the sender fails to do so when the prescribed time limit expires, the said articles shall be disposed of right on the spot; (3) to transfer the articles to the department concerned to be disposed of according to law; (4) with respect to articles which have jeopardized personal safety, or have contaminated or damaged other postal materials, the sender shall hold the liability for compensation. The expenses entailed from the handling of the cases mentioned in items (2) and (3) in the preceding paragraph shall be borne by the sender.
Article 36 With respect to newly-established enterprises or institutions, or newly- built residential buildings, the units concerned or the competent departments of residential buildings shall go through the registration procedures for the delivery of postal materials with the local postal enterprises or their branch offices; in the event that a unit is to change its name, or a recipient is to change his/her address, it/he/she shall notify the local postal enterprise or its branch office of the change in advance, or go through the procedures for the change to a new address of the recipient. The postal enterprise shall make known to the public the place for registration and the telephone number. The postal enterprises concerned or their branch offices shall permit units or individuals with following the conditions to go through the procedures for registration, and shall, within 90 days from the date of registration, make arrangements for delivery: (1) possessing the conditions for passage of postal vehicles and postal staff to execute their duties; (2) having the house numbers arranged in a unified way by the public security organs; (3) having installed letter and newspaper boxes or having set up offices for incoming and outgoing mail; or (4) having completed due formalities where procedures for registration of both the Chinese and foreign names are required according to relevant regulations.
Article 37 Postal materials shall be delivered in the following ways, except as otherwise provided by the Ministry of Post and Telecommunications: (1) delivery by address: Postal materials of urban and rural residents shall be delivered in accordance with the addresses of the recipients to the mailboxes or to the offices for incoming and outgoing mail installed at the entrances to the courtyards of single-story houses or on the ground floors of the storeyed buildings. Postal materials of units, of the affiliated institutions to the units and individuals of the units, as well as of users living in the dormitories within the courtyards shall be delivered to the offices for incoming and outgoing mail of the units. The office for incoming and outgoing mail shall be set up on the ground floor of storeyed building; if two or more separate units share a same place, they shall decide through consultation on a single site for receiving postal materials in a unified way. If it is necessary to deliver postal materials and newspapers and magazines upstairs, the users shall consult with the postal enterprise concerned or its branch office, and, in accordance with pertinent provisions, pay charges for such special services. Postal materials of the rural and pastoral areas shall, in the light of specific conditions of communications and the quantities of postal materials, be delivered generally to a fixed place at a township or an administrative village; with respect to postal materials of places under a township or an administrative village, the people's government of the township or the villagers committee shall consult with the postal enterprise concerned or its branch office to find a proper way of delivering postal materials to the recipients. Postal materials to be delivered to vessels shall be delivered to the office for incoming and outgoing mail of a department to which the said vessels are subordinate. (2) collection by users: Postal materials that must be collected by going through the procedures with the postal enterprise or its branch office by presenting the written notice for receiving them, postal materials addressed to the number of a post office box (a mailbox used exclusively by a particular user), postal materials deposited at the post office for collection, postal materials which have exceeded the prescribed weight for delivery by address and postal materials in a large quantity shall be collected by users.
Article 38 In case that recipients receive vouchered postal materials, or remittees receive remittances, they shall present their valid certifying documents to the postal enterprise concerned or to its branch office, and shall also affix their seals to, or sign their names on, the relevant vouchers. In case that an acting recipient is entrusted, by a recipient (or by a remittee), with the receiving of vouchered postal materials (or remittances), the said acting recipient shall present the valid certifying documents of the recipient (or the remittee) and of the acting recipient; and, after the postal enterprise, or its branch office, has verified and confirmed the documents, the acting recipient shall receive the postal materials (or remittances) by affixing his/her seal to, or signing his/her name on, the relevant voucher. The valid certifying documents shall include the resident's identification card, the residence booklet, and the employee's card.
Article 39 In the event that a recipient, on receiving vouchered postal materials, has discovered that the wrapper (of postal materials) has been torn or damaged, he/she shall announce this on the spot and check the contents. If the shortage or damage of the contents has been definitely caused by the negligence of the postal enterprise or its branch office, or if the negligence of the postal enterprise or its branch office has caused the loss or damage of vouchered postal materials, the postal enterprise or its branch office shall make compensation in accordance with the pertinent provisions. In the event that the loss, damage of postal matters or shortage of contents has resulted from the fault of the personnel in charge of the incoming and outgoing mail in the recipient's work unit, such personnel shall hold the prescribed liability for compensation. The specific requirements for the transportation and delivery of postal materials shall be stipulated by the Ministry of Post and Telecommunications, and shall be made known to the public. If the transportation and delivery of postal materials have violated the provisions formulated by the Ministry of Post and Telecommunications, the postal enterprise or its branch office concerned shall make compensations to the users; and the specific measures for making the compensation shall be stipulated by the Ministry of Post and Telecommunications.
Article 40 In case a user has received postal materials by mistake, he/she shall return them, in good time, to the postal enterprise or its branch office; postal materials opened by a user by mistake shall be re-sealed and signed by the said user and returned to the postal enterprise or its branch office, and the said user shall keep secret the contents of the postal materials opened by mistake.
Article 41 When the personnel of a unit, who are in charge of incoming and outgoing mail, are taking over vouchered postal materials, they shall check the number or quantity of the postal materials carefully to make sure that no mistake is made before they affix their seal, for acknowledgment of receipt, to the detailed list of the postal materials received. The personnel, who are in charge of incoming and outgoing mail, have the responsibility to protect and despatch, without delay, various categories of postal materials; they shall not open without permission, conceal, destroy or discard, postal materials, or tear off postage stamps from postal materials. Chapter VI The Transportation, Customs Examination and Quarantine Inspection of Postal Materials
Article 42 The Ministry of Post and Telecommunications and the administrative bureaus of post and telecommunications shall timely inform the transport departments concerned of the changing conditions of the direction of flow and rate of flow of postal materials to be transported. Various transport departments shall, in accordance with the needs of postal correspondence, give priority to the provision of valid train numbers, flight numbers and shipping space. The transport departments concerned shall, at railway stations, airports, ports and wharves, make proper arrangements for sites, in-and-out passage ways, premises for leading, unloading and storing postal materials as well as information installations for circulating information about the conditions of driving and navigation. With respect to newly-built, rebuilt, and expanded railway stations, airports, ports and wharves, it shall be necessary to work out a unified plan of making arrangements for sites and passageways for storing and transshipment of postal materials, and the expenses thus entailed for the capital construction shall be borne by the postal enterprises.
Article 43 When a postal enterprise entrusts a transport department with the transportation of postal materials, an agreement for the transportation of postal materials shall be concluded.
Article 44 Postal materials, which have been contracted for transportation by a transport unit, shall have the priority over the transportation of ordinary goods. In the event that, for one reason or another, the shipment has to be suspended temporarily, or the shipping time or berthing place has been changed, the transport unit shall inform the postal enterprise or its branch office of the situation without delay.
Article 45 Vessels carrying postal materials shall fly the post flag; and various ports concerned shall give priority of clearance to vessels that fly the post flag.
Article 46 When a transport unit has contracted for the transportation of postal materials, except for where the postal enterprise or its branch office sends personnel to escort the transportation, it shall go through the formalities with the postal enterprise or its branch office for handing over, and signing for the receipt of, relevant postal materials. With the exception of the cause of force majeure, if any loss, shortage or damage has happened to postal materials under the safe-keeping of a transport unit or on the way of transportation, the transport unit concerned shall compensate therefor in accordance with the provisions in the agreement for the transportation of postal materials. In the event that a vessel carrying postal materials has met with perils of the sea and must jettison the goods it carries, it must not jettison the postal materials it carries until the last minute.
Article 47 When vehicles, vessels and postal staff, which/who are carrying out the task of transporting and delivering postal materials, are passing bridges, ferry crossings, tunnels or inspection stations, the departments concerned shall give them priority in clearance. When postal vehicles bearing the special postal marks are transporting and delivering postal materials, they may, on the strength of the pass verified and issued by the public security organs, take the routes close to traffic and park in the no- parking sectors without restriction. In the event that postal vehicles or postal staff have violated traffic rules and regulations in the course of transporting or delivering postal materials, the competent departments shall give them clearance after recording the cases, and deal with them afterwards, when they have carried out their tasks of transportation or delivery.
Article 48 The postal enterprise shall, in accordance with the operational timetable formulated on the basis of the transporting vehicles' time of arrival at a station (a port) and time of departure from a station (a port), and also with time limit for transportation or delivery, inform the Customs of any change in such timetable 3 days in advance. The Customs shall, in accordance with the operational timetable notified by the postal enterprise, send personnel to the site to supervise and handle international postbags, and to inspect incoming and outgoing international postal articles; if the personnel sent by the Customs fail to arrive at the site when the time limit expires, the Customs shall be held responsible for the consequences caused by the delay of the operational time limit. When the Customs inspects international postbags according to law, the inspection shall be carried out in the presence of the users at the place where the Customs establishment is located. In the event that the recipient or sender of postal materials is unable to be present at the site, the Customs shall open the postbags for inspection, with the cooperation of postal staff on the scene. The postbags, which have been opened for inspection, shall be sealed up again jointly by the Customs and the postal enterprise with sealing marks or stamps of both. The printed matters opened for inspection according to law by the Customs shall be sealed up again with a Customs sealing mark or stamp.
Article 49 In case that a user sends postal materials which are subject to health and quarantine inspection or animal and plant quarantine inspection, the postal materials must be attached with a quarantine certificate. The quarantine offices shall inspect and give clearance to the postal materials without delay, in order to guarantee the time limit for transportation or delivery of the postal materials.
Article 50 When the Customs and the quarantine office are inspecting international postal articles or conducting quarantine inspection or postal materials according to law, they shall take proper care of them; if it is necessary to seal them up for safekeeping, in addition to sending a notice to the sender or the recipient, the Customs and the quarantine office shall go through the hand-over procedures with the postal enterprises or its branch office, and be responsible for the safekeeping; the period of sealing up for safekeeping shall not exceed 45 days. If, under special circumstances, the period of sealing up for safekeeping needs to be extended, the consent from the postal enterprise or its branch office and from the sender or the recipient shall be obtained, and this shall be done on the condition that the said international postal articles or postal materials being sealed up shall not suffer any losses. When the seal-up international postal
Articles or postal materials are returned to the postal enterprise or its branch office, the postal staff shall check carefully to see if they are all in good condition before they sign to acknowledge the hand-over. With respect to international postal articles that are to be confiscated according to law, or postal materials that, after health and quarantine inspection and animal and plant quarantine inspection, must be destroyed, the Customs or the quarantine office shall issue a written notice concerning the confiscation or quarantine disposal, and also notify without delay, the sender or the recipient and the postal enterprise or its branch office. In the event that the international postal articles, which are placed under inspection and sealed up for safe-keeping according to law, are found to have been lost, short of number or quantity, or damaged, the Customs or the quarantine office shall be held responsible for compensation or for handling the case.
Article 51 If the inspection of postal articles or the health and quarantine inspection on postal materials carried out according to law, calls for the use of sites or premises of the postal enterprise or its branch office, the case shall be handled, through consultation, by the postal enterprise jointly with the departments concerned in accordance with the needs of work and objective possibilities.
Article 52 The Customs shall, when handling according to law ownerless international postbages, pay the relevant postal expenses.
Article 53 The ways for the transmission of Customs documents for outgoing international postal materials shall be decided on by the General Customs Administration jointly with the Ministry of Post and Telecommunications through consultation. Chapter VII Penalty Provisions
Article 54 Those who have violated the provisions in Article 11 of these Rules shall be penalized by the department concerned according to the pertinent provisions of the State and in the light of the seriousness of the cases; those who have violated the pertinent provisions concerning public security shall be penalized by the public security organs in accordance with the Regulations of the People's Republic of China on Administration Penalties for Public Security.
Article 55 Those who have violated the provisions of Item 3 in Article 33 of these Rules but have not caused serious consequences shall be dealt with by the public security organs in accordance with the Regulations of the People's Republic of China on Administration Penalties for Public Security.
Article 56 Those who have forged, or falsely used the special postal mark and the postal uniform, or the postal date-stamp, postal tongs, and postbags and other special postal articles, shall be penalized with a fine of 1,500 yuan or less by the administrative bureau of post and telecommunications or by a unit authorized by it; in addition, the relevant articles mentioned above shall be confiscated.
Article 57 Those who, for the purpose of making profits, have forged postage certificates, facsimiled postage stamp patterns without permission, or printed postcards with the inscription "The People's Postal Service of China", shall be penalized with a fine of 5,000 yuan or less by the administrative bureau of post and Telecommunications or by a unit authorized by it; in addition, their illegal gains and the illegal
Articles shall be confiscated. In case that a user has purposefully used postage certificates, which are not in conformity with the pertinent provisions, on postal materials he/she posts, the postal enterprise or its branch office shall refuse to dispatch them, notify the sender to withdraw them within a fixed period of time, and, in addition, impose on the sender a fine equal to 10 times the postage the said user ought to pay; if it is impossible to notify the sender, or the sender fails to go through the formalities for withdrawing the aforesaid postal materials when the time limit expires, the postal materials shall be disposed of as ownerless ones.
Article 58 In case that postal staff have concealed, destroyed, discarded, opened without permission, or stolen postal materials, or have embezzled or falsely claimed a user's remittance, the postal enterprise shall recover the illicit money and the stolen goods, may concurrently impose a fine on the offenders, and may even, in accordance with the seriousness of the circumstances, impose disciplinary sanctions on them. The specific measures shall be formulated by the Ministry of Post and Telecommunications.
Article 59 Those who have violated the provisions in the second paragraph of Article 41 of these Rules shall have their responsibilities investigated in accordance with the provisions in Article 36 of The Postal Law.
Article 60 For any violation of the provisions of these Rules that constitutes a crime, the criminal responsibilities shall be investigated by the judicial organs according to law.
Article 61 Those who have received or opened other person's letters or mail by mistake but refused to return the letters or mail to the recipient, or who have already returned the letters or mail but have disclosed the contents of the letters or mail, thereby having encroached upon other person's right of freedom of correspondence, shall have their responsibilities investigated in accordance with the provisions in Article 36 of The Postal Law. Chapter VIII Supplementary Provisions
Article 62 The public security organs, the state security organs, and the procuratorial organs, as mentioned in these Rules, refer to the public security organs, the state security organs, and the procuratorial organs at or above the county level.
Article 63 The Ministry of Post and Telecommunications may, in accordance with these Rules, formulate pertinent rules and regulations.
Article 64 The right to interpret these Rules shall reside in the Ministry of Post and Telecommunications.
Article 65 These Rules shall go into effect as of the date of promulgation.
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