中华人民共和国邮政法 POSTAL LAW OF THE PEOPLES REPUBLIC OF CHINA
2009-03-24 法律英语 来源:互联网 作者: ℃主席令第四十七号
(Adopted at the 18th Meeting of the Standing Committee of the Sixth National People's Congress, promulgated by Order No. 47 of the President of the People's Republic of China on December 2, 1986, and effective as of January 1, 1987)
颁布日期:19861202 实施日期:19870101 颁布单位:全国人大常委会
Contents
Chapter 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 privacy of correspondence, ensuring normal progress of postal work, and promoting development of postal services, so as to suit the needs of socialist construction and the livelihood of the people.
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 as required to administer postal services of each region.
Article 3 The postal enterprises attached to the competent department of postal services under the State Council are public enterprises, owned by the whole people, that operate postal businesses.
According to stipulations of the competent department of postal services under the State Council, postal enterprises shall establish branch offices that operate postal businesses
Article 4 Freedom and privacy of correspondence shall be protected by law. No organization or individual shall infringe upon the freedom and privacy of correspondence of other persons for any reason, except when the inspection of correspondence in accordance with legal procedures by the public security organ, the state security organ or the procuratorial organ is necessary for the state's safety or the investigation of criminal offence.
Article 5 Postal materials handed in or posted, remittances made and savings deposited by users shall be protected by law, and shall not be inspected and withheld by any organization or individual except as otherwise provided by law.
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 services except as otherwise provided for by law.
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, except as otherwise provided by the State Council.
Postal enterprises may, according to needs, entrust other units or individuals as agents to run businesses exclusively operated by postal enterprises. The provisions on postal personnel specified in this Law shall apply to agents when they handle postal businesses.
Article 9 No unit or individual shall produce false copies or make fraudulent use of special postal marks, postal uniforms and special postal articles.
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 services un
der the State Council.
Article 11 Postal enterprises shall establish branch offices, postal kiosks, newspaper and periodical stands, mailboxes, etc., in places convenient to the masses, or provide mobile services. 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 stipulations made by the competent department of postal services under the State Council and the regional administrative organ of postal services.
Owing to force majeure or special reasons, if postal enterprises and their branch offices need to close down temporarily or restrict the handling of some postal businesses, they must obtain approval of the competent department of postal services under the State Council or of regional postal administrative organs.
Article 14 Postal enterprises shall strengthen distribution work of newspapers and periodicals. If publishing units entrust postal enterprises with distribution of newspapers and periodicals, they must make distribution contracts with 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 shall be reported to the State Council for approval. Non-basic postal rates shall be formulated by the competent department of postal services under the State Council.
Article 16 The payment of postage on various postal materials shall be indicated by postage 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 department of postal services under the State Council, and no unit or individual shall be allowed to produce false copies. The administrative measures on making facsimiles of stamp patterns shall be formulated by the competent department of postal services under the State Council.
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 by the competent department of postal services under the State Council. Holders of such postage certificates may exchange them for valid postage certificates at postal enterprises and their branch offices within six months from the date of the announcement.
Article 19 The following postage certificates shall not be used:
(1) those which the competent department of postal services under the State Council 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 the State Council on articles forbidden to post or deliver and
articles to be posted or delivered in limited amounts.
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 or branch offices, and if such examination is refused, the postal material shall not be accepted and posted. Mail handed in or posted by users must be in line with the stipulations concerning the content allowed to be posted; postal enterprises and their branch offices have the right to request users to take out the contents for examination, when necessary.
Article 22 Postal enterprises and their branch offices shall deliver postal materials within the time limits laid down by the competent department of postal services under the State Council.
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 services under the State Council, shall be destroyed on the authority of regional administrative organs of postal services. Incoming international postal articles that are undeliverable and unreturnable, and unclaimed within the time limit stipulated by the competent department of postal offices under the State Council, shall be handled by the Customs in accordance with the law. Disposal measures for other undeliverable and unreturnable postal materials shall be formulated by the competent department of postal services under the State Council.
Article 24 The remittees of postal remittances shall cash the postal remittances with valid documents at postal enterprises or branch offices within two months of receiving notice of a postal remittance. Remittances unclaimed when the time perio
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