Transportation Department Order 2009 No. 12: "Express busine

Transportation Department Order 2009 No. 12: "Express business license management approach"
    
    "Express business license management approach" was August 27, 2009 by the 8th meeting discussed and adopted the Ministry of Finance is hereby released from October 1, 2009 into effect.
    
    Minister Li Shenglin
    September 1, 2009
    
    
    "Express business license management approach"
    
    
    Chapter I General Provisions
    
    The first to standardize the delivery business license management, and promoting the healthy development of express delivery industry, according to "The People's Republic of China Postal Law," "The People's Republic of China Administrative Licensing Law" and other relevant laws and administrative regulations, development of these measures.
    
    Article delivery business license application, approval and supervision and management, application of this approach.
    
    The third postal administrations under the State Council and provincial, autonomous regions, municipalities, postal regulatory agencies (hereinafter collectively referred to as postal administrations) is responsible for courier business license management.
    
    Article delivery business license management, and should follow an open, fair and impartial and to facilitate the efficient principle.
    
    Article V operating express business, shall be issued by postal administrations in accordance with law to obtain the "express business license" and accept the postal administrations and other relevant departments of supervision and management; without permission, no unit or individual may engage in express delivery services.
    
    Chapter II permit conditions
    
    Article VI application for business express delivery services, should be consistent with "The People's Republic of China Postal Law" provisions of Article 52nd, with the following conditions:
    
    (A) comply with enterprise legal conditions;
    
    (B) In the provinces, autonomous regions and municipalities operating within the scope, registered capital of not less than 500,000 yuan, provinces, autonomous regions and municipalities, business, registered capital of not less than RMB million or operating international express delivery business, registered capital of not less than 2 million yuan;
    
    (C) of Article VII of this approach, Article VIII, Article IX provided with the application for an operator corresponding to the geographical scope of service capabilities;
    
    (D) have a strict quality of service management system, including service commitments, service items, service price, service area, compensation arrangements, complaints received and other methods, there is a complete business operations specifications, including acceptance testing, as, sorting, transport, delivery delivery, business inquiries, and other systems;
    
    (E) a sound safety and security systems and measures, including the safeguarding of delivery concerns security, courier service personnel and users personal safety and security of user information system, in line with national standards of safety, offered payment collection business, should be self - provide collection services to commercial loans, a sound risk control measures and financial settlement system, and specifically with the commissioning party and the recipient between the rights and obligations;
    
    (Vi) legal and administrative regulations of the other conditions.
    
    Article VII of the application at the provincial, autonomous regions and municipalities operate within the express delivery business, should have the following service capabilities:
    
    (A) has in the provinces, autonomous regions and municipalities operate express services within the network and delivering the capacity;
    
    (B) operating Tongcheng express business, to provide express delivery concerns (e-mail) and telephone inquiry service, operating in the province off-site delivery services, in addition to providing the above-mentioned telephone inquiry service, but also offers delivery concerns should be express (mail) to track a query information network;
    
    (C) consistent with "Express salesman national occupational skill standards" and through the qualification express salesman, business Tongcheng courier business, courier more clerk in the primary qualification with not less than 30%, operating in the province off-site delivery business, Express clerk in the primary over with qualifications not less than 40%.
    
    Article VIII for provinces, autonomous regions and municipalities operate express service, shall have the following service capabilities:
    
    (A) The geographical scope of operations with the application compatible network and delivering the capacity;
    
    (B) has closed an area suitable for express mail (spam) processing sites, in line with the State Council, postal administrations and national security agencies perform their duties according to law requirements and is equipped with the appropriate processing equipment, monitoring equipment and fire facilities;
    
    (C) integrated computer management system, it can provide express delivery concerns (Mail) tracking and tracing information network, and configure the required data interfaces can be requested to the postal administrations to provide express delivery concerns (Mail) and related data;
    
    (D) consistent with "Express salesman national occupational skill standards" and through the qualification express salesman salesman enterprises and their branch offices in the Express, with more than elementary qualifications not less than 40%.
    
    Article IX apply to operate international express business, shall have the following service capabilities:
    
    (1) operating international express services with networks and delivering the capacity;
    
    (B) has closed an area suitable for express mail (spam) processing sites, in line with the State Council, postal administrations and national security authorities, customs duties according to law requirements and is equipped with the appropriate processing equipment, monitoring equipment and fire facilities;
    
    (C) integrated computer management system, it can provide express delivery concerns (Mail) tracking and tracing information network, and configure the required data interfaces that can, upon request to the postal administrations and the relevant departments to provide express delivery concerns (Mail) the declaration data;
    
    (D) consistent with "Express salesman national occupational skill standards" and through the qualification express salesman salesman enterprises and their branch offices in the Express, with more than elementary qualifications not less than 50%;
    
    (E) to have access to professional qualifications, customs declaration, inspection, inspection personnel.
    
    Article no foreign investment and operation of the domestic express mail service.
    
    Domestic express delivery service means that from acceptance to delivery of the whole process occurred within the express delivery business in the PRC.
    
    Outside the enterprise to operate the postal delivery business enterprises (hereinafter referred to as express delivery companies), shall not be operated by postal enterprises franchise's letter delivery service, shall not be official documents of state organs delivery concerns.
    
    Chapter III of the examination and approval procedures
    
    Article XI courier business license application, in the provinces, autonomous regions and municipalities within the business, it should be to the local provinces, autonomous regions and municipalities apply for postal administrations; provinces, autonomous regions and municipalities, business or business international express delivery business, it should be to the postal administrations of the State Council to apply.
    
    Article XII of the application delivery business license shall be submitted to the postal administrations of the following application materials:
    
    (A) Express business license application;
    
    (B) industrial and commercial administration departments of the enterprise name issued by the pre-approval notice of or an enterprise legal person business license;
    
    (C) The capital verification report, the use of that site as well as the way to sixth, seventh, eight, nine provisions of the conditions related materials;
    
    (D) Legal and administrative regulations of other materials.
    
    Article XIII postal administrations shall, within forty-five days from the date of receiving the application materials examined and verified, to make a decision to approve or not approve. To be approved, issued a "courier business license"; not approved, in writing notify the applicant and the reasons.
    
    Express postal administrations to review business license applications, should consider factors such as national security and to solicit the views of relevant departments.
    
    The applicant by virtue of Article XIV, "Express business license" to handle the establishment of industrial and commercial administrative department or change the registration.
    
    15th of provinces, autonomous regions and municipalities, business or business international express delivery business, since the enterprises to obtain "express business license" within thirty days from the date of the enterprise branch offices should be held "express business license," a copy to the location of provinces, autonomous regions, municipalities, postal administration for the record.
    
    Express delivery enterprises to set up to remove the branches or merge, separate, it should be to the postal administrations for the record.
    
    16th of "The People's Republic of China Postal Law" before the announcement in accordance with relevant state regulations, the State Council department in charge of foreign trade approval or record, the administrative department for industry and commerce for registration according to law in operating international express business, international cargo transport agent enterprises, in accordance with " The People's Republic of China Postal Law "第八十五条 require those" Express business license ", the postal administrations of the State Council shall submit the following materials:
    
    (A) "Express business license" to receive an application;
    
    (B) of the State Council department in charge of foreign trade approval or registration documents;
    
    (C) industrial and commercial administrative department of the business license issued in accordance with law;
    
    (D) List of branches.
    
    Chapter IV License Management
    
    Article XVII business express delivery services company, it should be in accordance with "Express business license" the scope and duration of the license business courier service.
    
    "Express business permits" valid for five years.
    
    Business express delivery services company, it should be in the "delivery business license" expires on the 30th to the licensing of the postal administrations submit an application, renewal of licenses.
    
    18th of "Express business license" management to implement an annual reporting system. Business courier service companies should be awarded each year to April 30, "courier business license" for postal administrations submit the following materials:
    
    (A) Annual Report, including the annual operation, compliance with laws and regulations, conditions, etc.;
    
    (B) "Express business license" a copy of the original;
    
    (C) The enterprise legal person business license copy.
    
    19th of "Express business license" name of the enterprise type, equity relationships, registered capital, business scope, operating regions and branches of a change in such matters, and should be reported to the postal administration process the change, and renewal of these permits .
    
    Diershitiao express delivery companies in the "delivery business license" cease operating within the validity period, it shall inform in writing in advance of licensing postal administrations and return "Express business license", in accordance with the provisions of postal administrations did not properly handle express mail delivery.
    
    Article XXI event of the following circumstances, the postal administrations shall be according to law courier business license cancellation procedures:
    
    (A) "Express business license" is not the continuation of the expiry date;
    
    (B) the termination of the enterprise legal person in accordance with law;
    
    (C) the applicant to obtain from the "Express business license" without good reason more than six months after the express delivery business is not operating, or on their own to close for six months or more;
    
    (D) "delivery business license" to stop operations within the validity period;
    
    (E) delivery according to business license is revoked, withdrawn, or "courier business license" was revoked in accordance with law;
    
    (Vi) laws, administrative regulations and other circumstances.
    
    22nd of postal administrations should "express business permits" issued, change, cancellation and other matters to the public.
    
    23rd of "Express business license" by the State Council published a unified postal administrations.
    
    No organization or individual shall forge, alter, fraudulent use, lease, sale and transfer of "courier business license."
    
    Chapter V supervision and inspection of
    
    24th of postal administrations in accordance with law right to obtain "express business license" to conduct supervision and inspection of enterprises, businesses should be checked to accept and cooperate with the supervision and inspection.
    
    25th of supervision and inspection of the main elements:
    
    (A) operate courier services business name, legal representative (responsible person), business address, business scope, business area, operating time and other important matters, it should be with the "delivery business license" registration in line;
    
    (B) "Express business license" to change, extension, cancellation and other procedures of implementation and processing situation;
    
    (C) operate the business express delivery companies should continue to meet the issue "Express business license" conditions;
    
    (D) Legal and administrative regulations of the other content.
    
    26th of postal administrations to conduct supervision and inspection, supervision and inspection personnel shall not be less than two, and shall produce law-enforcement documents; should record the supervision and inspection of the situation and deal with the results from the archive after the signing of supervision and inspection personnel.
    
    27th of postal administrations to conduct supervision and inspection shall not impede the business express delivery business in the normal production and business activities of enterprises shall not be charged any fees.
    
    28th of citizens, enterprises and other organizations have found the staff of the postal administrations in the implementation of administrative licensing, supervision and inspection in the course of an offense is entitled to postal administrations reported, upon receiving the report shall promptly verify postal administrations to deal with .
    
    Chapter VI Legal Liability
    
    Those who have violated Article 29th Article, the first paragraph of Article XVII, in accordance with "The People's Republic of China Postal Law" will be punished under Article 72nd.
    
    30th of the application delivery business license, the applicant is concealing the truth, fraud, fraudulent business license, and by the postal administrations in accordance with law revoke a business license, and may be liable to one million yuan 30,000 yuan shall be imposed.
    
    Counterfeit, altered, falsely, lease, sale and transfer of "courier business license", and postal administrations may be imposed a fine of 30,000 yuan million or above, constitutes a crime, they shall be held criminally responsible.
    
    第三十一条 courier companies to establish branches, merger, separation, to postal administrations have not filed in accordance with "The People's Republic of China Postal Law" will be punished under Article 73rd.
    
    In addition to the preceding paragraph, the business express delivery services company, fails to be handled in this way to record, change procedures, or failing to submit an annual report on time by the postal administration department shall order correction yuan may be imposed a fine; handling for the record and change procedures, to submit an annual report to conceal the truth, fraud, and by the postal administration department shall order correction may be liable to one million yuan 30,000 yuan shall be imposed.
    
    Article Thirty-business express delivery companies to stop business, did not inform the postal administrations in writing and return the "express delivery business license" or not in accordance with the provisions of the State Council, postal administrations have not yet properly handle the express mail delivery, in accordance with "The People's Republic of China Postal Law "will be punished under Article 73rd.
    
    33rd violates the provisions of Article 24th of this method, in accordance with "The People's Republic of China Postal Law" provides 第七十七条 be punished.
    
    34th of operating business enterprises express postal administrations in accordance with this approach to the specific administrative acts made by dissatisfied, he may apply for administrative reconsideration according to law, you can also bring an administrative lawsuit to the people's court.
    
    Business express delivery services company fails to perform the administrative punishment decision, to make administrative punishment decision by the postal administrations for the people's court for enforcement.
    
    35th of postal administrations staff in the delivery business license in the management of abuse of authority, dereliction of duty of relatives and friends, by the competent authority or supervisory authority be given administrative sanctions; suspected of a crime is constituted, criminal prosecution by the judiciary.
    
    Chapter VII Supplementary Provisions
    
    Article 36th Article 16th addition to the measures of enterprises, "The People's Republic of China Postal Law" before the announcement according to the administrative department for industry and commerce for registration of enterprises in operating courier services do not have the express delivery business, operating conditions, shall be implementation of these measures within one year from the date of delivery to operate the business conditions and business operations in accordance with law to obtain express permission of Express overdue unable to obtain business license may not continue to operate express service.
    
    37th Article of the Regulations October 1, 2009 into effect.

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