Recently, the Ministry of Transport announced the newly revised "Measures for the Administration of the Express Market" (Order No. 22 of 2023, hereinafter referred to as the "Measures"), which will come into effect on March 1, 2024. It is clear that if an enterprise engaged in express delivery business has any of the following circumstances, the postal administration department shall order it to correct the situation, give it a warning or criticize it in a circular, and may impose a fine of no more than 10,000 yuan; if the circumstances are serious, a fine of no less than 10,000 yuan but no more than 30,000 yuan shall be imposed:

(i) Confirming receipt of express delivery without the user's consent;

(ii) Using smart express boxes, express service stations and other means to deliver express delivery without the user's consent;

(iii) Throwing or trampling on express delivery.

Measures for the Administration of the Express Market (Order No. 22 of the Ministry of Transport of the People's Republic of China in 2023)

The "Measures for the Administration of the Express Market" was adopted at the 28th Ministry Meeting on December 8, 2023, and is hereby promulgated for implementation on March 1, 2024.

Measures for the Administration of the Express Delivery Market

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Postal Law of the People's Republic of China, the Interim Regulations on Express Delivery and other laws and administrative regulations in order to strengthen the supervision and administration of the express delivery market, ensure the quality and safety of express delivery services, safeguard the legitimate rights and interests of users, express delivery practitioners and enterprises engaged in express delivery business, and promote the healthy development of the express delivery industry.

Article 2 These Measures shall apply to the operation of express delivery business, the use of express delivery services and the supervision and administration of the express delivery market within the territory of the People's Republic of China.

Article 3 Enterprises engaged in express delivery business shall abide by laws, regulations and public order and good customs, save resources and protect the ecological environment in accordance with the law, and provide users with fast, accurate, safe and convenient express delivery services.

Article 4 If two or more enterprises engaged in express delivery business use the same trademark, business name, express delivery waybill and its supporting information system, they shall sign a written agreement to clarify their respective rights and obligations, abide by the common service agreement, and implement unified management in terms of service quality, safety assurance, business process, ecological protection, and protection of the rights and interests of practitioners.

The enterprise to which the trademark, business name, express waybill and its supporting information system belong shall be referred to as the headquarters express enterprise.

Article 5 Users shall abide by the laws, administrative regulations and the provisions of the State Council and relevant departments of the State Council on the prohibition or restriction of the delivery of items when using express delivery services, and provide the enterprises engaged in express delivery business with the information necessary for the use of express delivery services truthfully and accurately.

Article 6 The postal administration department of the State Council is responsible for supervising and managing the express delivery market in China.

The postal administration agencies of provinces, autonomous regions and municipalities directly under the Central Government are responsible for supervising and managing the express delivery market in their administrative regions.

The postal administration agencies below the provincial level established in accordance with the provisions of the State Council are responsible for supervising and managing the express delivery market in their jurisdictions.

The postal administration departments of the State Council and the postal administration agencies of provinces, autonomous regions and municipalities directly under the Central Government and the postal administration agencies below the provincial level are collectively referred to as postal administration departments.

Article 7 The supervision and management of the express delivery market by the postal administration departments shall be open and fair, encourage fair competition, support high-quality development, and strengthen integrated online and offline supervision and management.

Article 8 The legally established express delivery industry organizations shall safeguard the legitimate rights and interests of enterprises, express delivery terminal outlets and express delivery practitioners engaged in express delivery business, formulate express delivery industry normative conventions in accordance with laws, regulations and organizational articles of association, strengthen industry self-discipline, and advocate enterprises to abide by the law, be honest, safe and green.

Article 9 Enterprises engaged in express delivery business shall adhere to green and low-carbon development and implement ecological environmental protection responsibilities.

Enterprises engaged in express delivery business shall promote the standardization, recycling, reduction and harmlessness of express delivery packaging in accordance with national regulations and avoid excessive packaging.

Chapter II Development Guarantee

Article 10 The postal administration department of the State Council shall formulate the development plan of the express delivery industry to promote the high-quality development of the express delivery industry.

The postal administration agencies of provinces, autonomous regions and municipalities directly under the Central Government may formulate the development plan of the express delivery industry in their administrative regions in light of local realities.

Article 11 The postal administration department shall, together with relevant departments, support and guide enterprises engaged in express delivery business to set up express delivery service places and intelligent delivery facilities in urban and rural areas.

The postal administration department supports the coordinated construction of collection and delivery service places and intelligent collection and delivery facilities with public service attributes in the layout of public service facilities.

The postal administration department implements classification code management for express service types and express service facilities.

Article 12 The postal administration department of the State Council, together with relevant state departments, supports the construction of inbound and outbound express delivery processing centers, the construction of supporting express delivery channels and docking places at transportation hubs, and optimizes the layout of express delivery service networks.

Article 13 The postal administration department supports innovative express delivery business models and service methods, guides the digitalization, intelligence and standardization of new formats in the express delivery market, and strengthens the supervision and management of service quality.  

Chapter III Green and Low-Carbon Development

Article 14 The postal administration department shall guide users to use green packaging and reduced packaging, and encourage enterprises engaged in express delivery business to carry out green design, select green materials, implement green transportation, and use green energy.

Article 15  Enterprises engaged in express delivery business shall strengthen packaging operation specifications, use information technology, optimize packaging structure, give priority to the use of original product packaging, and promote the greening of express packaging in the entire chain of design, production, sales, use and other links.

Article 16  Enterprises engaged in express delivery business shall give priority to purchasing products that are conducive to environmental protection, use packaging products that meet national mandatory standards, and shall not use plastic products prohibited by the state.  

Article 17  Enterprises engaged in express delivery business shall actively recycle and reuse packaging materials, continuously increase the reuse ratio of express packaging, and promote the application of recyclable, easily recyclable and degradable express packaging.

Chapter IV  Market Order

Article 18  Enterprises engaged in express delivery business shall operate express delivery business in accordance with the law within the scope of express delivery business operation license, and shall not exceed the business scope and geographical scope of the license.

Enterprises engaged in express delivery business shall register with the postal administration department and report the business license information of the branch when establishing a branch.

Article 19 Enterprises engaged in express delivery business shall not entrust enterprises that have not obtained express delivery business operation licenses to operate express delivery business in any way.

Enterprises engaged in express delivery business shall not entrust or be entrusted to operate express delivery business in any way beyond the scope of the license.

Article 20 Headquarter express delivery enterprises shall implement unified management and perform unified management responsibilities for enterprises that use their trademarks, business names, express delivery waybills and their supporting information systems to operate express delivery business in accordance with the provisions of laws and administrative regulations.

Headquarter express delivery enterprises shall establish standardized management systems and mechanisms, implement reasonable management measures for enterprises that use their trademarks, business names, express delivery waybills and their supporting information systems to operate express delivery business, and ensure the normal provision of express delivery services to users.  

Article 21 Enterprises engaged in express delivery business shall not conduct the following acts:

(i) knowing that others are engaged in activities that endanger national security, social public interests or the legitimate rights and interests of others, but still cooperate in providing express delivery services;

(ii) illegally fabricating express delivery service information;

(iii) selling, leaking or illegally providing user information known in the process of express delivery services;

(iv) other acts prohibited by laws, regulations and national regulations.  

Chapter V Express Delivery Services

Article 22 Enterprises engaged in express delivery business shall, in accordance with the provisions of laws and administrative regulations, publicize their service types, service areas, service time limits, business hours, tariffs, express inquiry, loss compensation, complaint handling and other service matters on portal websites or business premises or in other obvious ways.

Enterprises engaged in express delivery business shall publicize or announce the service areas based on administrative villages and communities and clearly define the service areas. Enterprises engaged in express delivery business are encouraged to announce the tariff standards based on the county-level administrative area as the basic unit and clarify the weight error range.

Except for force majeure, if the matters specified in the first two paragraphs are changed, the enterprises engaged in express delivery business shall issue a service reminder announcement to the public 10 days in advance.  

Article 23 Enterprises engaged in express delivery business provide express delivery services for e-commerce operators to deliver goods. They shall inform the e-commerce operators in writing to clearly indicate the express delivery service brand on the webpage where they sell goods to protect the user's right to know about the express delivery service.  

Article 24 Enterprises engaged in express delivery business shall enter into service contracts with senders to clarify rights and obligations when providing express delivery services. Enterprises engaged in express delivery business shall inform senders in advance in a conspicuous manner of established villages, communities and other areas where they cannot provide services.

Article 25 Enterprises engaged in express delivery business shall adopt effective technical means to ensure that users and postal administration departments can check the following contents through express delivery waybill numbers or information systems:

(i) the scope of user personal information necessary for entering into and performing express delivery service contracts and matters that should be notified in accordance with the law before processing personal information;

(ii) express delivery service commitments and delivery methods and completion standards;

(iii) the name, quantity and weight of express items;

(iv) the amount of express delivery service fees for the express item;

(v) the method for resolving service disputes.

If users inquire about the information specified in the preceding paragraph, enterprises engaged in express delivery business shall take measures to prevent unauthorized inquiries and personal information leaks in accordance with the requirements of the "Personal Information Protection Law of the People's Republic of China".  

Article 26 Enterprises engaged in express delivery business shall establish service quality management systems and business operation specifications to ensure service quality and meet the following requirements:

(a) When providing express delivery services, they shall abide by social ethics, operate in good faith, protect the legitimate rights and interests of users, shall not set unfair or unreasonable transaction conditions, and shall not force transactions;

(b) Before providing express delivery waybill information, they shall remind senders to carefully read the terms of the express delivery service contract, abide by the relevant regulations on prohibited and restricted items, and inform them of the relevant insurance rules and insurance service items;

(c) Inspect the identity of the sender and register the identity information in accordance with the law. If the sender refuses to provide the identity information or provides false identity information, the mail shall not be accepted;

(d) Inspect items other than letters delivered by the sender and register the name of the items inside. If the sender refuses to provide the information of the items inside or provides false information about the items inside, the mail shall not be accepted;

If the information is inconsistent with the inspection situation, the express shall not be accepted;

(V) The weight of the express shall be marked truthfully on the express waybill;

(VI) If the address provided by the sender is inconsistent with the actual address of the express, both shall be recorded truthfully on the express waybill;

(VII) The express shall be processed separately according to the type and time limit, divided into different areas, and operated in a standardized manner, and the processing information shall be input and uploaded in accordance with the regulations;

(VIII) The safety of express shall be ensured to prevent the loss, damage, and shortage of contents of express, and express shall not be thrown or trampled;

(IX) Except for force majeure, express shall be delivered to the receiving address and recipient within the promised time limit as agreed;

(X) Express delivery tracking and inquiry services shall be provided to users, and express shall not be unreasonably detoured, and delivery process information shall not be concealed or fabricated, so as to ensure that users are aware of the actual situation of their use of express services;

(XI) Other requirements stipulated by laws and administrative regulations.  

Article 27 When an express delivery company delivers express mail, it shall inform the recipient that it has the right to inspect the mail in person and check whether the contents are consistent with the records on the express waybill. If the express package is obviously damaged or the contents are fragile, the recipient shall be informed that he or she may inspect the contents or refuse to accept the mail.

If an express delivery company and the sender have agreed in writing in advance on the specific method for the recipient to inspect the contents, the express delivery company shall indicate it in a conspicuous manner on the express waybill.

Except as otherwise provided by laws and administrative regulations, if the recipient receives an express mail of unknown origin and requires the express delivery company to provide the sender's name, address, contact number and other necessary information, the express delivery company shall provide the information it has.

Article 28 The recipient may confirm receipt of the mail by signing or other clear means that are easy to identify and preserve, or may designate a collection agent to inspect and confirm receipt of the mail.

If the recipient or the person designated by the recipient cannot accept the express delivery in person, the express delivery business shall agree with the user on the express delivery service method and the method of confirming the receipt of the express delivery.

Without the user's consent, the express delivery business shall not confirm the receipt of the express delivery on behalf of the user, and shall not deliver the express delivery to the express delivery terminal service facilities such as smart express boxes and express service stations without authorization.  

Article 29 Enterprises engaged in express delivery business shall handle express delivery that cannot be delivered and cannot be returned (hereinafter referred to as undeliverable express delivery) in accordance with laws and administrative regulations, and establish a verification, storage and handling system for undeliverable express delivery, and include the handling situation in the annual report of express delivery business operation license.

Enterprises engaged in express delivery business shall not engage in the following acts when handling undelivered express parcels:

(i) Stopping the inquiry service during the storage period;

(ii) Disposing of the parcels without authorization before the storage period expires;

(iii) Seeking illegitimate benefits;

(iv) Illegal detention of items that should be confiscated or destroyed;

(v) Other acts prohibited by laws and administrative regulations.

Article 30 Enterprises engaged in express delivery business shall establish and improve a system for handling user complaints and appeals, and handle the objections to the express delivery service quality raised by users in accordance with the law.

If the user is dissatisfied with the result of the complaint handling or the complaint is not handled in a timely manner, he or she may file a complaint about the express delivery service quality.

The postal administration department shall mediate the complaints about the express delivery service quality raised by users. Enterprises engaged in express delivery business shall handle the complaints conveyed by the postal administration department in accordance with the law and feedback the results.  

Chapter VI Safe Development

Article 31 Enterprises engaged in express delivery business shall establish and improve a safety production responsibility system, strengthen safety production education and training for employees, and perform the relevant safety production obligations stipulated by laws, regulations and rules.

The principal person in charge of an enterprise engaged in express delivery business is the first person responsible for safety production and is fully responsible for the safety production work of the unit. Other persons in charge are responsible for safety production work within the scope of their duties.

The headquarters express delivery enterprise shall urge other enterprises and their employees who use the same trademarks, business names, express waybills and their supporting information systems to operate express delivery business to comply with safety systems such as safety self-inspection, safety education and safety training.

Article 32 Enterprises engaged in express delivery business shall comply with the management system of acceptance inspection, real-name acceptance, safety inspection and prohibited items. No unit or individual may use express delivery services to engage in activities that endanger national security, social public interests, or the legitimate rights and interests of others.

Article 33 When a newly built express delivery processing site is put into use, the enterprise engaged in express delivery business shall report it in accordance with the provisions of the postal administration department.

Article 34 Enterprises engaged in express delivery business shall comply with the following provisions when using express delivery processing sites:

(a) Set up obvious safety warning signs, as well as communication, alarm, emergency braking and other safety equipment at express delivery processing sites and related facilities and equipment with greater risk factors, and ensure that they are in applicable conditions;

(b) Equip with safety equipment such as fences or isolation piles, and set up obvious safety warning signs for separating people and vehicles;

(c) Carry out regular maintenance, upkeep and regular inspection of the site equipment and facilities, and keep written records of the inspection and handling;

(d) Timely discover and rectify safety hazards.  

Article 35 Enterprises engaged in express delivery business shall, during the course of production and operation, obtain user personal information only to the extent necessary for the performance of express delivery service contracts and shall not collect user personal information excessively.

Enterprises engaged in express delivery business shall establish user personal information security management systems and operating procedures in accordance with the law and shall not conduct the following acts:

(a) Collect, store, use, process, transmit, provide or disclose user information without the user's consent, except as otherwise provided by laws and administrative regulations or due to the need to perform express delivery service contracts to users;

(b) Force or covertly force the user to agree to collect and use user information unrelated to business activities by means of general authorization, default authorization, refusal of service, etc.;

(c) Provide analytical information related to users to others for improper purposes;

(d) Other acts prohibited by laws and administrative regulations.

Article 36  Enterprises engaged in express delivery business shall establish management systems and operating procedures for the production, use, storage and destruction of express delivery waybills (including electronic waybills), and adopt security technical measures such as encryption and de-identification to protect the information security of express delivery waybills.

Enterprises engaged in express delivery business shall establish management systems for the use and destruction of express delivery waybills, implement the associated management of number usage information, user information and express item information, and ensure that express items can be tracked and queried.

No unit or individual may illegally use or resell express delivery waybills.  

Article 37  Enterprises engaged in express delivery business shall conduct an impact assessment on the protection of user personal information in advance if they entrust other enterprises to handle user personal information, and supervise the entrusted enterprises¡¯ activities in handling personal information, which shall not exempt themselves from the responsibility for the security of user personal information.  

Article 38  Enterprises engaged in express delivery business shall promptly report to the postal administration department the data and information related to safe operation generated during the production and operation process.  

Enterprises engaged in express delivery business shall ensure that the data is true, accurate and complete when submitting data information in accordance with the provisions of the preceding paragraph, and the submission method shall comply with the requirements of the postal administration department of the State Council, and shall not omit, misreport, conceal or lie.

Article 39 Headquartered express delivery enterprises shall establish a work system for maintaining the stability of the service network, maintain the stability of the service network of express delivery enterprises on the same network, and comply with the following requirements:

(i) Implement a service network operation monitoring, early warning and risk assessment system;

(ii) Establish and improve emergency response plans;

(iii) Formulate a list of abnormal operating outlets;

(iv) Timely and effectively investigate and resolve internal conflicts and disputes within the enterprise, and effectively respond to and deal with emergencies that affect the stability of the enterprise's service network.

Enterprises engaged in express delivery business shall report to the postal administration department within 24 hours and make an announcement to the public if the service network is blocked.  

Article 40 Headquarter express delivery enterprises shall implement unified management in terms of security in accordance with the provisions of the Interim Regulations on Express Delivery, and urge enterprises and their employees who use unified trademarks, business names, express waybills and supporting information systems to operate express delivery businesses to abide by regulations on anti-terrorism, drug control, production safety, postal safety, network and information security, and emergency management, and comply with the requirements of the State Council¡¯s postal administration department for unified management of security.

Chapter VII Supervision and Management

Article 41 The postal administration department may take the following supervisory and inspection measures in accordance with the law to perform its duties of supervision and management of the express delivery market:

(i) Conduct on-site inspections at the inspected units or other places suspected of illegal activities;

(ii) Obtain information from relevant units and individuals;

(iii) Review and copy relevant documents, materials, vouchers, and electronic data;

(iv) With the approval of the head of the postal administration department, seal up the places related to illegal activities, seize the means of transport and related items used for illegal activities, and open and inspect express parcels other than letters suspected of carrying prohibited or restricted items.

Article 42 The postal administration department shall conduct routine supervision and inspection by random inspections, and may take differentiated measures in terms of the proportion and frequency of random inspections based on the credit status of the enterprises engaged in express delivery business.

If the express delivery service problems reflected in the user's complaint are suspected of violating the laws, administrative regulations, and rules on postal administration, the postal administration department shall investigate and handle them in accordance with the law.  

Article 43 The staff of the postal administration department shall keep confidential the commercial secrets or personal privacy learned during the supervision and inspection process in accordance with the law.  

Article 44 The postal administration department of the State Council shall establish an express service quality evaluation system and organize the evaluation of express service quality.

The postal administration department may require enterprises engaged in express delivery business to report the business conditions such as employees, business volume, and service quality assurance in accordance with the law.

Article 45 The postal administration department may guide and urge express delivery enterprises to operate legally and in compliance with regulations by means of risk warnings, interviews and warnings, and public announcements in accordance with the law.

Article 46 The postal administration department of the State Council or the postal administration agencies of provinces, autonomous regions, and municipalities directly under the Central Government shall conduct key inspections on enterprises engaged in express delivery business with major business risks or safety hazards and put forward rectification requirements.

Article 47 If the express service behavior of enterprises engaged in express delivery business is abnormal and may not have the ability and conditions to provide normal services within a specific geographical area, they shall report to the postal administration department and announce it to the public.

Chapter 8  Legal Liability

Article 48  If an enterprise engaged in express delivery business entrusts the express delivery business to an enterprise that has not obtained an express delivery business license, the postal administration department shall order it to make corrections and impose a fine of not less than RMB 5,000 but not more than RMB 10,000; if the circumstances are serious, a fine of not less than RMB 10,000 but not more than RMB 30,000 shall be imposed.

Article 49  If a headquarters express delivery enterprise adopts unreasonable management measures, which results in the enterprises that use its trademarks, business names, express delivery waybills and their supporting information systems to operate express delivery business being unable to provide express delivery services to users normally, the postal administration department shall order it to make corrections, give it a warning or criticize it in a circular, and may impose a fine of not less than RMB 3,000 but not more than RMB 10,000; if the circumstances are serious, a fine of not less than RMB 10,000 but not more than RMB 30,000 shall be imposed; if it is suspected of unfair competition or price violations, the clues shall be transferred to the relevant departments.

Article 50 If an express delivery business fails to publicize or announce the service area and service time limit in accordance with the regulations, or fails to announce the change of the service area and service time limit to the public in advance in accordance with the regulations, the postal administration department shall order it to correct the violation, give it a warning or issue a notice of criticism, and may impose a fine of not less than RMB 3,000 but not more than RMB 10,000; if the circumstances are serious, a fine of not less than RMB 10,000 but not more than RMB 30,000; if there is suspected price violation, the clues shall be transferred to the relevant departments.  

Article 51 If an express delivery business fails to deliver express mails in accordance with the publicized service area, the postal administration department shall order it to correct the violation, give it a warning or issue a notice of criticism, and may impose a fine of 1 to 10 times the amount of the e

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