The Standing Committee of the National People’s Congress Order of the President of the People’s Republic of China No.47 The Postal Law of the People’s Republic of China, adopted at the 18th Meeting of the Standing Committee of the Sixth National People’s President of the People’s Republic of China: Li Xiannian December 2, 1986 Postal Law of the People’s Republic of China ContentChapter I General Provisions Chapter II Establishment of Postal Enterprises and Postal Facilities Chapter III Classification of Postal Businesses and Postal Rates Chapter IV Posting and Delivery of Postal Materials Chapter V Transportation, Customs Examination and Quarantine Inspection of Postal Materials Chapter VI Compensation for Losses Chapter VII Penalty Provisions Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution of the People’s Republic of China, with a view to protecting freedom and Article 2 The competent department of postal services under the State Council shall administer postal services throughout the country. The competent department of postal services under the State Council shall set up regional administrative organs of postal services Article 3 The postal enterprises attached to the competent department of postal services under the State Council are public enterprises, owned According to stipulations of the competent department of postal services under the State Council, postal enterprises shall establish Article 4 Freedom and privacy of correspondence shall be protected by law. No organization or individual shall infringe upon the freedom and Article 5 Postal materials handed in or posted, remittances made and savings deposited by users shall be protected by law, and shall not be Article 6 Postal enterprises shall provide users with fast, accurate, safe and convenient postal services. Postal enterprises and postal staff shall not provide information to any organization or individual about users’ dealings with postal Article 7 Postal materials and remittances shall be owned by senders and remitters before they are delivered to recipients and remittees. Article 8 Posting and delivery services of mail and other articles with characteristics of mail shall be exclusively, operated by postal enterprises, Postal enterprises may, according to needs, entrust other units or individuals as agents to run businesses exclusively operated by Article 9 No unit or individual shall produce false copies or make fraudulent use of special postal marks, postal uniforms and special postal Chapter II Establishment of Postal Enterprises and Postal Facilities Article 10 Standards for establishment of postal enterprises and their branch offices shall be formulated by the competent department of postal Article 11 Postal enterprises shall establish branch offices, postal kiosks, newspaper and periodical stands, mailboxes, etc., in places convenient Residents’ mailboxes for receiving letters and newspapers shall be installed in residential buildings in cities. Places shall be provided for handling postal business in larger railway stations, airports, ports and guest houses. Chapter III Classification of Postal Businesses and Postal Rates Article 12 Postal enterprises operate the following businesses: (1) posting and delivery of domestic and international postal materials; (2) distributing domestic newspapers and periodicals; (3) postal savings and postal remittances; and (4) other suitable businesses stipulated by the competent department of postal services under the State Council. Article 13 Postal enterprises and their branch offices shall not arbitrarily close down postal businesses that must be handled according to the Owing to force majeure or special reasons, if postal enterprises and their branch offices need to close down temporarily or restrict Article 14 Postal enterprises shall strengthen distribution work of newspapers and periodicals. If publishing units entrust postal enterprises Article 15 The basic postal rates of postal services shall be set by the competent department in charge of pricing under the State Council and Article 16 The payment of postage on various postal materials shall be indicated by certificates or by postmarks showing postage paid. Article 17 Postage stamps, stamped envelopes, stamped postcards, stamped aerogrammes and other postage certificates shall be issued by the competent The administrative measures on making facsimiles of stamp patterns shall be formulated by the competent department of postal services Article 18 Postage certificates sold shall not be cashed in postal enterprises or their branch offices. Postage certificates to be withdrawn from circulation shall be announced to the public, and sales will be stopped one month in advance Article 19 The following postage certificates shall not be used: (1) those which the competent department of postal services under the State Coucil has announced as withdrawn from usage; (2) those that have been postmarked or cancelled; (3) those that are contaminated, incomplete or illegible due to fading or discolouring; and (4) stamp patterns cut from stamped envelopes, stamped postcards and stamped aerogrammes. Chapter IV Posting and Delivery of Postal Materials Article 20 In handing in or posting postal materials, users must abide by the provisions formulated by the relevant competent department under Article 21 The contents of postal materials, other than letters, to be handed in or posted by users, shall be checked on the spot by postal enterprises Mail handed in or posted by users must be in line with the stipulations concerning the content allowed to be posted; postal enterprises Article 22 Postal enterprises and their branch offices shall deliver postal materials within the time limits laid down by the competent department Article 23 Undeliverable postal materials shall be returned to the senders. Mail that is both undeliverable and unreturnable, and unclaimed within the time limit stipulated by the competent department of postal Incoming international postal articles that are undeliverable and unreturnable, and unclaimed within the time limit stipulated by Disposal measures for other undeliverable and unreturnable postal materials shall be formulated by the competent department of postal Article 24 The remittees of postal remittances shall cash the postal remittances with valid documents at postal enterprises or branch offices Article 25 In posting and delivering postal materials, postal codes shall be adopted gradually, and specific pertinent measures shall be formulated Chapter V Transportation, Customs Examination and Quarantine Inspection of Postal Materials Article 26 Transportation units operating railways, highways, waterways and airlines shall all have the responsibility of carrying and transporting Article 27 When postal enterprises transfer postal materials in railway stations, airports and ports, transportation units concerned shall make Article 28 Ships with special postal marks, postal vans and postal staff shall be given priority in entering and departing ports and crossing Article 29 When transported by sea, postal materials shall not be included in arrangements for sharing common sea losses. Article 30 Postal enterprises shall not post or deliver international postal articles that are not examined and allowed to pass by the Customs. Article 31 Postal materials that are subject to health and quarantine inspections or animal and plant quarantine inspections according to law Chapter VI Compensation for Losses Article 32 Users may present receipts and inquire, within one year counting from the date of the posting or remitting, about vouchered postal If no result is found within the time limit for responding to the inquiry, postal enterprises shall make compensation first or take Article 33 For loss, damage, destruction or missing contents of vouchered postal materials, postal enterprises shall make compensation or take (1) For registered mail, compensation shall be made according to standard amounts formulated by the competent department of postal services (2) For insured postal materials which are lost or totally damaged or destroyed, compensation shall be made according to the insurance (3) For uninsured postal parcels, compensation shall be made according to the actual damage due to loss of such postal parcels, but the (4) For other types of vouchered postal materials, compensation shall be made or remedial measures taken according to the measures provided Article 34 Postal enterprises shall not be held liable for compensation if one of the following situations occurs: (1) losses of ordinary postal materials; (2) losses of vouchered postal materials caused by the user or due to some characteristic of the posted articles per se; (3) losses of vouchered postal materials, other than postal remittances and insured postal materials, caused by force majeure; and (4) users failing to inquire about or demand compensation at the end of one year, counting from the date of handing in or posting the Article 35 If disputes over compensation for losses occur between users and postal enterprises, users may request the competent department of Chapter VII Penalty Provisions Article 36 Persons who infringe upon the citizens’ right to freedom of correspondence by concealing, destroying, discarding or illegally opening Article 37 Postal personnel who without permission open or conceal, destroy or discard postal materials shall be investigated for criminal liability Those who commit the crime specified in the preceding provision and also steal property therein shall be given a heavier punishment Article 38 Persons who intentionally damage or destroy public postal facilities such as mailboxes, where such acts are not serious enough for Article 39 Postal personnel who refuse to handle postal business which should be handled according to law or who intentionally delay the delivery Article 40 Persons who, in violation of provisions of Article 8 of this Law, handle the business of posting and delivering mail or articles Parties concerned who refuse to obey the decision of punishment may bring suit to the people’s court within 15 days of receiving the Chapter VIII Supplementary Provisions Article 41 The meanings of the following terms used in this Law are: (1) postal materials: referring to mail, printed matter, postal parcels, money orders, newspapers, periodicals, etc., posted and delivered (2) mail: referring to letters and postcards. (3) ordinary postal materials: referring to the postal materials that postal enterprises and their branch offices do not issue receipts (4) vouchered postal materials: referring to postal materials such as registered mail, postal parcels, insured postal materials, etc., (5) international postal articles: referring to printed matter and postal parcels posted and delivered between users of the People’s Republic (6) special postal articles: referring to postal date-marks, postal tongs for lead sealing and postal bags. Article 42 If provisions of this Law contravene those of the international treaties concerning international postal affairs which the People’s Article 43 The competent department of postal services under the State Council shall, in accordance with this Law, formulate rules for its implementation, Article 44 This Law shall enter into force on January 1, 1987. |
The Standing Committee of the National People’s Congress
1986-12-02