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中华人民共和国邮政法实施细则 RULES FOR THE IMPLEMENTATION OF THE POSTAL LAW OF THE PEOPLES REPUBLIC OF CHINA

2009-03-24 法律英语 来源:互联网 作者:
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

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