Express business license management methods

The People's Republic of China transportation decree

 

2009 no. 12

 

The express business license management approach "has been 2009 on August 27 nikkei 8 ministerial meeting to discuss, promulgated by 2009, since October 1,.

Department long li shenglin

Two itdelivers itdelivers nine-year September 1

 

 

 

Express business license management methods

 

The first chapter is always

 

Article 1 in order to regulate the express business license management, and promote the healthy development of the express profession in accordance with the PRC, postal act, the administrative license law of the People's Republic of China and other relevant laws and administrative regulations, these measures.

Article 2 express business license, apply for examination and approval, and the supervision and administration governed by these measures.

Article 3 the state council postal administrative departments of provinces, autonomous regions and municipalities directly under the postal administrative institutions (hereinafter referred to as the postal administrative departments) shall be responsible for the express business license management work.

Article 4 express business license administration shall, openness, fairness, and convenient and efficient principles.

Article 5 business express business, shall attain postal administrative department to issue "express business license, and accept the postal administrative departments and other relevant departments of the supervision and management; Without permission, no unit or individual may engage in the express business.

 

The second chapter permitted conditions

 

Article 6 application management express business, shall meet the post of People's Republic of China law article 52 regulation, meet the following conditions:

(a) conform to the enterprise legal person condition,

(2) in the provinces, autonomous regions and municipalities within the scope of business, the registered capital of RMB 50 million yuan, not less than spanning provinces, autonomous regions and municipalities operation, the registered capital of RMB 100 million yuan, not less than operating international express business, the registered capital shall not less than RMB 200 million yuan;

(3) have these measures 7, 8, the provisions of article 9 of the regional scope of application management and adapt to the service ability;

(4) have strict service quality management system, including service commitment, service projects, service price, service geographical, compensation method, complaints, accepts measures, a comprehensive business operation standard, including visual inspection items to transport, sorting and delivery delivery, business inquiry system,

(5) there was a sound of security system and measures, including security delivering safety, express delivery service personnel and user personal safety, users of information security system, comply with national standards of all safety measures, opening the collection of money business, it shall provide the collection of money to self-run way service, has perfect risk control measures and fund settlement system, and a clear and consignor and addressee between the rights, obligations,

6 laws, administrative rules and regulations other conditions.

Article 7 application in provinces, autonomous regions and municipalities within the scope of business express business, it shall meet the following service ability:

(a) have in provinces, autonomous regions and municipalities within the scope of business express business network and ship the parcels ability;

(2) business city express business, shall provide delivery express (email) telephone enquiry services, business province of different express business, except with the telephone enquiry services outside, still should have provided to delivering express (email) tracking query information network,

(3) is consistent with the express delivery salesman national vocational skill standards "and through the qualification of express delivery salesman, business city express business, express delivery salesman has at or above the junior qualification, not less than 30% of the different express business management province, express delivery salesman has at or above the junior qualification not less than 40%.

Article 8 application spanning provinces, autonomous regions and municipalities business express business, it shall meet the following service ability:

(a) possess and obtain operating region adapted to the network and ship the parcels ability;

(2) have closed, area suitable express (email) processing places, in compliance with the postal administrative departments and the state security organs shall perform their duties according to the requirements, and equipped with corresponding processing equipment, monitor equipment and fire control facilities,

(3) have unified the computer management system, can provide delivery express (email) tracking information network, and query data interface configuration is in conformity with the provisions, can according to requirements to postal administrative departments to provide delivery express (email) concerned data;

(4) is consistent with the express delivery salesman national vocational skill standards "and through the qualification of express delivery salesman, the enterprise and its branches express delivery salesman with primary above qualifications are not less than 40%.

Article 9 those who apply for operating international express business, it shall meet the following service ability:

(a) possess management international express business network and ship the parcels ability;

(2) have closed, area suitable express (email) processing places, in compliance with the postal administrative department and the state security organs, the customs shall perform their duties according to the requirements, and equipped with corresponding processing equipment, monitor equipment and fire control facilities,

(3) have unified the computer management system, can provide delivery express (email) tracking information network, and query data interface configuration is in conformity with the provisions, can according to requirements to postal administrative departments and other relevant departments to provide delivery express mail) of the declaration (data;

(4) is consistent with the express delivery salesman national vocational skill standards "and through the qualification of express delivery salesman, the enterprise and its branches express delivery salesman with primary above qualifications are not less than 50%,

(5) with a professional qualifications of customs declaration, inspection declaration, inspection personnel.

Article 10 foreign investment business letters may not domestic express business.

Domestic express business, refers to the whole process of items to be delivered from all happened in the People's Republic of China express business.

Postal enterprises outside the business of express business enterprise (hereinafter referred to as the express enterprises) shall operate exclusively operated by postal enterprises shall not letter delivery operations, delivering state organ documents.

 

The third chapter to the examination and approval procedures

 

Article 11 application express business license in provinces, autonomous regions and municipalities shall, within the scope of business to the local provinces, autonomous regions and municipalities postal administration authorities; Spanning provinces, autonomous regions and municipalities operation or management international express business, shall be submitted to the state council postal administrative departments apply.

Article 12 application express business license shall be submitted to the postal administrative department for the following application materials:

(a) express business license application;

(2) issued by the administrative department for industry and commerce on pre-approval of the enterprise or business license of enterprise legal person,

(3) capital verification report, site use proof, as well as the present measures six, seven, eight, nine conditions stipulated in the relevant materials;

(4) laws and administrative regulations of other materials.

Article 13 postal administrative departments shall, from the date of acceptance of the application materials four within 15 days of examine and verify, make a decision of approval or disapproval. Approving, issued "express business license; If the application is not approved, and inform the applicant in writing and give reasons.

Postal administrative department to examine express business license application, it shall take into consideration, such as national security factors, and solicit the opinions of the relevant departments.

Article 14 the applicant by Courier business license to the administrative department for industry and commerce registration of establishment or alteration registration.

Article 15 spanning provinces, autonomous regions and municipalities operation or management international express business, from the enterprise obtains the express business license within 30 days, the enterprise branch offices shall hold "express business license copy, to seat of provinces, autonomous regions and municipalities postal administrative department for record.

Express company establishment, dissolution or merger, division branch offices shall be reported to postal administrative departments for the record.

Article 16 the People's Republic of China published before the postal act in accordance with relevant state regulations by the state council foreign trade department approval or for the record, and to the administrative department for industry and commerce registration in accordance with the international express business after operating international freight agent enterprise in accordance with the PRC postal law article 85 regulation is gotten "express business license, shall be submitted to the state council postal administrative department for the following material:

(a) "express business license will receive application;

(2) the state council foreign trade department approval or registration document,

(3) issued by the administrative department for industry and commerce in accordance with the business license,

(4) branches list.

 

The fourth chapter license administration

 

Article 17 the business express business enterprise shall, pursuant to the Courier business license permission range and validity business express business.

The express business license is valid for five years.

Management of enterprises shall express business in the express business license expires 30 days prior to the licenses of postal administrative departments apply, redemption permit.

Article 18 the express business license management execute annual report system. Business express business enterprises shall in every April 30 days prior to issue the "express business license of postal administrative department for the following material:

(a) annual report, including the annual operation conditions and abiding by the laws and regulations situation, etc;

(2) the express business license copy of the original;

(3) a photocopy of the business license of enterprise legal person.

Article 19 the express business license of enterprise name, type of enterprise, equity relations, registered capital, scope of business, the business area and branch offices etc is changed, the postal administrative departments shall be submitted to the procedures of alteration, and redemption permit.

Article 20 express company in the express business license cease operation during the effective period, it shall submit a written licenses to inform the postal management departments, return the express business license, and press postal administrative department regulations properly handled not deliver shipments.

Article 21 in case of one of following state, postal administrative departments shall, in accordance with the laws express business operation permit cancellation procedures:

(a) "express business license expires not continue,

(ii) enterprise legal person qualification terminated according to law;

(3) applicants from obtaining the express business license without justifiable reasons after more than six months without the express business management, or to make their own continuous suspensions for six months or longer,

(4) "express business license cease operation of validity,

(5) express business license shall be revoked, withdrawn, or the "express business license will be revoked according to law;

6 laws, administrative rules and regulations in other circumstances.

Article 22 of the postal administrative department should express business license issuance, alteration or cancellation of matters such as to announce to the society.

Article 23 the express business license issued by the state council postal administrative departments shall be uniformly printed.

No organization or individual shall forge, alter, misuse, lease, trading and transfer an express business license.

 

The fifth chapter supervision and inspection

 

Article 24 postal administrative departments shall, in accordance with law obtained "express business license of the enterprise to carry out the supervision and inspection, check enterprise shall accept and cooperate with supervision and inspection.

Article 25 the supervision and inspection of the main content:

(a) business express business enterprise name, legal representative (or responsible person) or business address, business scope, term of operation business district, such important matters, be with the express business license registration items conform,

(2) the express business license alteration, continuation, cancel such formalities execution and handle a case,

(3) business express business enterprises shall issue the "ongoing compliance express business license condition,

(4) laws, administrative regulations and other items.

Article 26 postal administrative departments when conducting supervision and inspection, the supervision and inspection personnel shall not be less than two people, and shall produce their certificates for law enforcement, Shall record the supervision and inspection of the situation and the processing results, the supervision and inspection personnel file after signing.

Article 27 postal administrative departments when conducting supervision and inspection, and shall not interfere with the business express business enterprise normal production and operation activities, shall not be charged a fee.

Article 28 citizens, enterprises and other organizations find postal administrative department staff in implementing the administrative licensing and supervision and inspection process an illegal act, postal administration department shall have the right to report, receives reports of postal administrative departments shall promptly verify, processing.

 

The sixth chapter legal responsibility

 

Article 29 violates these measures prescribed in paragraph 1 of article 5 and article 17 in accordance with the PRC postal law article 72 stipulation punished.

Article 10 if an application express business licenses, conceal true condition, the applicant false and deceptive business license, by postal administrative department of electric power shall revoke business license, and may impose more than 10,000 to less than three thousand yuan of the following amerce.

Forge, alter, misuse, lease, trading and transfer an express business license, postal administrative department may impose a thousand yuan of above 30 thousand yuan the following amerce, which constitutes a crime, shall be investigated for criminal responsibility.

Article 31 express company set up branches, merger, division, or fails to postal administrative departments for the record in accordance with the PRC postal law article 73 stipulation punished.

Notwithstanding the foregoing, business enterprise, the express business not according to the provisions hereof filing, and alteration formalities, or fails to timely submit an annual report, by postal management department to make corrections, and may impose a thousand yuan of the following amerce; Registration and annual report, submit alteration formalities, conceal true condition, forgery, by postal management department to make corrections, and may impose more than 10,000 to less than three thousand yuan of the following amerce.

Article 32 express company to stop operation express business, not notify in writing the postal administrative departments and return the express business license, or fails to follow the provisions of the department of postal services under the state council shall manage properly has not been mailed express in accordance with the PRC postal law article 73 stipulation punished.

Article 33 violates these measures in accordance with the provisions in article 24, post of People's Republic of China law 77 stipulation punished.

Article 34 the business enterprise to express business of postal administrative departments in accordance with the measures a specific administrative act disaffected, can apply for administration to reconsider lawfully, can to people court to lodge an administrative litigation.

Management of express business enterprise fails to perform the administrative punishment decision is made, the administrative punishment decision postal administrative department may apply to the people's court for compulsory execution.

Article 35 postal administrative department staff in express business license management abuse their powers, neglect their duties, commit fraud, the competent authority or a supervisory organ shall be given administrative sanctions; Alleged constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

 

Chapter 7 is attached

 

Article 36 except for these procedures prescribed in article 16 of the enterprise outside, postal law of the People's Republic of China according to law before published to the administrative department for industry and commerce registration after operating express business enterprise, not possess management express business conditions, since the implementation of these measures shall be one year from the date of achieve business express business conditions and legally obtained express business license, overdue cannot obtain express business license shall not continue to business express business.

Article 37 the measures shall two itdelivers itdelivers nine-year October LST.