中华人民共和国邮政法实施细则
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国务院令第65号 Chapter I General Provisions Article 1 These Rules are formulated in accordance with the Postal Law of the People's Republic of China （hereinafter referred to as the Postal Law）。 Article 2 The Ministry of Post and Telecommunications of the People's Republic of China （hereinafter referred to as the Ministry of Post and Telecommunications） shall be the competent department of postal services under the State Council and shall administer postal services throughout the country. The administrative bureaus of post and telecommunications of various provinces， autonomous regions， and municipalities directly under the Central Government （hereinafter referred to as the administrative bureaus of post and telecommunications） shall be the regional administrative organs of postal services， which shall administer postal services of respective regions. Article 3 The municipality or county bureaus of post and telecommunications （including the post offices， - the same below） shall be public enterprises owned by the whole people that operate postal business （hereinafter referred to as “Postal enterprises”）， and， after being authorized by the administrative bureaus of post and telecommunications， shall be responsible for the administration of postal services of the respective localities. The branch post and telecommunications bureaus， the post and telecommunications offices， the branch post bureaus， and the postal offices shall be the branch offices that handle postal business （hereinafter referred to as “the branch office”）； the postal kiosks and newspaper and periodical stands shall be the service points of postal enterprises. The post and telecommunications agencies shall be considered as branch offices postal enterprises. Article 4 Without the entrustment by the postal enterprises， no unit or individual may operate posting and delivery of letters， postcards or other articles with characteristics of mail， except as otherwise provided by the State Council. The letters refer to those carriers which transit information by using sealed envelopes. The other articles with characteristics of mail refer to those carriers which transmit information by using such forms as symbols， images， or sounds. The specific contents thereof shall be stipulated by the Ministry of Post and Telecommunications. Article 5 In case that a postal enterprise entrusts other units or individuals with the handling of postal business， they shall reach an agreement through consultation and sign entrustment contracts. Article 6 All units and individuals that make use of the postal services of China shall be generally called postal users （hereinafter referred to as users）。 Article 7 A postal enterprise shall provide users with fast， accurate， safe and convenient postal services， and protect the lawful rights and interests of users in making use of postal services. Any unit of individual shall have the obligations to protect freedom and privacy of correspondence， and the safety of postal materials； no unit or individual may use postal services for activities forbidden by laws， regulations and policies. In the course of transportation and delivery of postal materials， no unit or individual shall inspect or detain the postal materials under any pretext， except when the inspection of correspondence according to law by public security organs， state security organs， or procuratorial organs is necessary for the state security or the investigation of criminal offences. Article 8 In the event that a public security organ， a state security organ， or a procuratorial organ inspects or detains postal materials or freezes remittances or savings deposits out of the necessity for the state security or the investigation of a criminal offence， it is imperative for the aforesaid organs to issue according to law notifications of the relevant inspection， detention， or freezing to the postal enterprise or the administrative bureau of post and telecommunications concerned at or above the county level， and to make out a list of the specific items of postal materials， remittances， or savings deposits； after going through the procedures for inspection， detention or freezing， the postal enterprise shall appoint specially-designated persons to be responsible for sorting out the items in question， register them one by one， and then go through the hand-over procedures； with respect to those postal materials， remittances or savings deposits which need no further inspection， detention or freezing， or which have been proved through investigation to have nothing to do with the case concerned， they shall be returned to the postal enterprise without delay. In case that in the course of inspection， detention or freezing the postal materials， remittances or savings deposits are lost or damaged， the relevant public security， state security， or procuratorial organ shall be responsible for compensation. Article 9 In case that a people's court， or a procuratorial organ confiscates domestic postal materials， remittances or savings deposits， it must present relevant legal documents， and go through the relevant procedures with the postal enterprise and administrative bureau of post and telecommunications at or above the county level. The decision on the confiscation of incoming or outgoing international postal articles shall be made by the Customs， which shall also complete the relevant procedures. Article 10 In case that a unit concerned has the necessity to collect or obtain evidence or consult the postal business archives， according to law， it must obtain a written certificate issued by the public security organ， the state security organ， the procuratorial organ， or the people's court， in the place where the postal enterprise concerned is located， make a list of the specific items of postal materials， and then go through the relevant procedures with the postal enterprise and the administrative bureau of post and telecommunications at or above the county level. Article 11 No unit or individual may commit the following acts that hamper the normal operations of postal services： （1） to damage postal installations； （2） to set up stalls or to stack up things in front of the entrance to， or in the in-and-out passage ways of postal enterprises or their branch offices， thereby hampering users to make use of postal services or blocking the passage of postal vehicles； （3） to make trouble willfully or disturb the normal order at the sites where postal business is conducted； （4） to hamper postal staff from executing their duties according to law， or to seek a quarrel； （5） to intercept postal means of transport， to hamper illegally the transportation and delivery of postal materials， or force their way to get on postal means of transport； （6） to inspect or detain postal materials illegally； （7） to commit other acts that hamper the postal enterprises or their branch offices or postal staff from performing their normal work. Chapter II The Establishment of Postal Enterprises and Postal Installations Article 12 The standards for the establishment of postal enterprises and their branch offices shall be stipulated by the Ministry of Post and Telecommunications； the establishment and abolition of post enterprises shall be approved by the Ministry of Post and Telecommunications； the establishment and abolition of branch offices shall be approved by the administrative bureaus of post and telecommunications and be reported to the Ministry of Post and Telecommunications for the record. Article 13 The local people's governments at various levels shall incorporate the establishment of postal enterprises and their branch offices as well as the construction of various postal installations into their urban and rural construction plans. Article 14 While constructing new districts in cities， isolated industrial and mining areas and residential districts， as well as transforming large expanse of old urban districts， the planning and establishment of the matching postal enterprises and their branch offices as well as the various postal installations shall be carried out simultaneously. Article 15 When postal enterprises establish postal kiosks， newspaper and periodical stands， pillar boxes， mail boxes or conduct mobile services according to law， the units and individuals concerned shall provide conveniences. Article 16 Letter and newspaper boxes for receiving postal materials are the matching facilities in residential buildings， and designing units shall include them in the standard designs of the construction of residential buildings. Every construction unit of a residential building shall be installed， on the ground floor， with letter and newspaper boxes corresponding to the room numbers of the residents； or letter and newspaper boxes shall be installed in a place or room with easy access in the midst of buildings， for the residents to receive postal materials. The property right owners of residential buildings， or the administrative units shall be responsible for the maintenance and change of letter and newspaper boxes； the maintenance and change of letter and newspaper boxes may also entrusted to the local postal enterprises or their branch offices， and the expenses necessary for labour and materials shall be paid by the entrusting units. Article 17 Places for handling postal business， conveniently accessible to passengers， shall be provided in relatively larger railway stations， airports， ports and hotels； the postal enterprises shall provide various postal services. Article 18 Any unit that， for the needs of construction， requisitions， demolishes or removes a postal enterprise and its branch offices or the postal installations shall consult with the local postal enterprise； and， under the condition that the normal operations of postal correspondence are guaranteed， the said unit shall remove the postal enterprise and its branch offices as well as the postal installations to a proper place， or rebuild them， and the expenses thus entailed shall be borne by the unit that conducts the requisition， demolition and removing. Chapter III Categories of Postal Business Article 19 Postal enterprises shall handle the posting and delivery of domestic and international postal materials as well as the express delivery of postal materials. Domestic postal materials refer to the postal materials exchanged within the territory of the People's Republic of China； those posted to or from the regions of Hong Kong， Macao， and Taiwan are called postal materials of the regions of Hong Kong， Macao and Taiwan； international postal materials refer to the postal materials exchanged between the People's Republic of China and other countries or regions， and postal materials transmitted by way of the territory of China. Article 20 Distribution business of domestic newspapers and magazines refers to the business of distributing newspapers and magazines entrusted by newspaper and magazine offices to the postal enterprises. Article 21 When newspaper and magazine offices entrust the postal enterprises with the distribution of newspapers and magazines， they shall， in accordance with the scope of the distribution of newspapers and magazines， present to the appointed postal enterprises or the bureaus for distribution of postal newspapers and magazines， certifications of having obtained the approval for publication by the competent department concerned and the registration certificate for newspapers and periodicals. The postal enterprises， which have the capacity for handling distribution business， shall sign contracts for the distribution of newspapers and magazines with the newspaper and magazine offices concerned in accordance with the pertinent provisions of the State， and in conformity with the principles of equality and mutual benefit， of achieving unanimity through consultation， and of equal prices and non-gratuitousness. Article 22 Postal savings and postal remittances， which are financial businesses handled by postal enterprises for the purpose of accumulating funds for the State and facilitating economic transactions， shall be under the unified administration of the Ministry of Post and Telecommunications and shall， in accordance with the pertinent provisions of the State， accept the guidance of the People's Bank of China in financial businesses. All relevant banks shall provide conveniences for the businesses of postal savings and postal remittances conducted by the postal enterprises. Article 23 The specific categories of postal businesses and the classification of postal materials shall be stipulated by the Ministry of Post and Telecommunications. Chapter IV Postal Rates of Postal Services and Postage Certificates Article 24 The basic postal rates of postal services refer to the postal rates for the domestic ordinary letters and postcards； the non-basic postal rates refer to the postal rates of postal services other than the basic postal rates. The basic postal rates of postal services shall be stipulated by the competent department for the administration of commodity prices under the State Council， and then be submitted to the State Council for approval； the non-basic postal rates shall be stipulated by the Ministry of Post and Telecommunications. Article 25 The basis for the formulation and adjustment of postal rates of postal services shall be as follows： （1） to meet the social needs， on the condition that the cost expenses of enterprises of postal correspondence and their capacity for development are guaranteed； （2） to adjust postal rates of domestic postal services in the light of the changes in defrayment； （3） to adjust postal rates of international postal services in accordance with the provisions of the Universal Postal Union， the international and domestic cost expenses， and the changes in exchange rates for Renminbi （RMB）。 Article 26 Postage certificates issued by the Ministry of Post and Telecommunications and used as securities indicating that the charges or fees for postal materials have already been paid shall include postage stamps， the postage stamp patterns printed on stamped envelopes， stamped postcards， stamped aerograms， and the “postage-paid” marking printed with a checking machine. Article 27 The international reply-coupons issued by the Universal Postal Union may， in accordance with the international unified provisions， be converted into postage stamps equal to a specific category of postal rates for a specific class of weight； however， such international reply-coupons shall not be converted into cash. Article 28 Where the making of facsimiles of stamp patterns is necessitated by work， it must be submitted， in accordance with the pertinent provisions for the making of facsimiles of postage stamp patterns， to the competent department for postage stamps under the Ministry of Post and Telecommunications， or to the administrative bureau of post and telecommunications concerned， for examination and approval. No printing unit may undertake the printing of unapproved facsimiles of stamp patterns or matters similar to postage stamps. Article 29 Envelopes to be printed for use in correspondence must conform to the standards stipulated by the State， and the printing of such envelopes shall be supervised by the local administrative bureaus of post and telecommunications. Article 30 Postcards to be printed must conform with the specification standards stipulated by the Ministry of Post and Telecommunications. Postal enterprises at or above the county level may， with the approval of the administrative bureaus of post and telecommunications， print and distribute postcards with the inscription： “The People's Postal Service of China” printed on them； if the printing of postcards is conducted by other units， the printing operation shall be under the supervision of the local administrative bureaus of post and telecommunications， but the postcards shall not carry the inscription “The People's Postal Service of China” Chapter V The Posting and Delivery of Postal Materials and the Compensation for Losses Article 31 Ordinary letters to be sent by compulsory service-men from places where they are stationed shall be posted and delivered free of charge， but other army men shall not post letters free of charge. Measures for the administration of affairs concerning the posting and delivery of ordinary letters by compulsory servicemen shall be formulated by the Ministry of Post and Telecommunications in conjunction with the department concerned of the Chinese People's Liberation Army. Article 32 Users shall， in handling in or posting postal materials， comply with the provisions stipulated by the Ministry of Post and Telecommunications concerning the contents of postal materials， the specifications for packaging and sealing， the writing forms， and the correct writing of post codes； especially the envelopes used by users for letters to be posted must meet the standards stipulated by the State； the surface or cover of postal materials and also the vouchers of postal services shall not be printed （written） or stuck with any words or any other objects which have nothing to do with the postal materials； the facade of postage certificates shall not be smeared， or covered with any other objects； no forged， facsimiled， cut and pieced together， or processed for decontamination postal certificates may be used. Article 33 It shall be forbidden to post and deliver or to insert in postal materials the following objects： （1） articles forbidden by law to be put in circulation or to be posted and delivered； （2） reactionary newspapers， magazines， and propaganda materials， or pornographic articles； （3）explosive， combustible， corrosive， radioactive， poisonous， or any other dangerous articles； （4） articles that are harmful to public sanitation； （5） perishables； （6） various species of live animals； （7） various currencies； （8） articles that are not fit for delivery by post； （9） articles that are not properly packed so that they might jeopardize personal safety， or contaminate or damage other postal materials or equipment. The articles mentioned in the preceding paragraph， which meet the provisions of the Ministry of Post and Telecommunications for delivery with special approval， may be accepted and posted on the condition that safety is guaranteed. Article 34 Article to be posted and delivered in the country with restricted quantities shall be stipulated by the Ministry of Post and Telecommunications in conjunction with the departments concerned under the State Council. Article 35 With respect to articles posted or delivered in violation of the pertinent provisions for forbidding or restricting their posting and delivery， the postal enterprises or their branch offices shall， in accordance with their categories， natures， or quantities， handle 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 priority over the transportation of ordinary goods. In the event that， for one reason or another， the shipment has to be suspended temporarily， or the shipping time or berthing place has been changed， the transport unit shall inform the postal enterprise or its branch office of the situation without delay. Article 45 Vessels carrying postal materials shall fly the post flag； and various ports concerned shall give priority of clearance to vessels that fly the post flag. Article 46 When a transport unit has contracted for the transportation of postal materials， except for where the postal enterprise or its branch office sends personnel to escort the transportation， it shall go through the formalities with the postal enterprise or its branch office for handing over， and signing for the receipt of， relevant postal materials. With the exception of the cause of force majeure， if any loss， shortage or damage has happened to postal materials under the safe-keeping of a transport unit or on the way of transportation， the transport unit concerned shall compensate therefor in accordance with the provisions in the agreement for the transportation of postal materials. In the event that a vessel carrying postal materials has met with perils of the sea and must jettison the goods it carries， it must not jettison the postal materials it carries until the last minute. Article 47 When vehicles， vessels and postal staff， which/who are carrying out the task of transporting and delivering postal materials， are passing bridges， ferry crossings， tunnels or inspection stations， the departments concerned shall give them priority in clearance. When postal vehicles bearing the special postal marks are transporting and delivering postal materials， they may， on the strength of the pass verified and issued by the public security organs， take the routes close to traffic and park in the no- parking sectors without restriction. In the event that postal vehicles or postal staff have violated traffic rules and regulations in the course of transporting or delivering postal materials， the competent departments shall give them clearance after recording the cases， and deal with them afterwards， when they have carried out their tasks of transportation or delivery. Article 48 The postal enterprise shall， in accordance with the operational timetable formulated on the basis of the transporting vehicles' time of arrival at a station （a port） and time of departure from a station （a port）， and also with time limit for transportation or delivery， inform the Customs of any change in such timetable 3 days in advance. The Customs shall， in accordance with the operational timetable notified by the postal enterprise， send personnel to the site to supervise and handle international post bags， and to inspect incoming and outgoing international postal articles； if the personnel sent by the Customs fail to arrive at the site when the time limit expires， the Customs shall be held responsible for the consequences caused by the delay of the operational time limit. When the Customs inspects international post bags according to law， the inspection shall be carried out in the presence of the users at the place where the Customs establishment is located. In the event that the recipient or sender of postal materials is unable to be present at the site， the Customs shall open the post bags for inspection， with the cooperation of postal staff on the scene. The post bags， which have been opened for inspection， shall be sealed up again jointly by the Customs and the postal enterprise with sealing marks or stamps of both. The printed matters opened for inspection according to law by the Customs shall be sealed up again with a Customs sealing mark or stamp. Article 49 In case that a user sends postal materials which are subject to health and quarantine inspection or animal and plant quarantine inspection， the postal materials must be attached with a quarantine certificate. The quarantine offices shall inspect and give clearance to the postal materials without delay， in order to guarantee the time limit for transportation or delivery of the postal materials. Article 50 When the Customs and the quarantine office are inspecting international postal articles or conducting quarantine inspection or postal materials according to law， they shall take proper care of them； if it is necessary to seal them up for safekeeping， in addition to sending a notice to the sender or the recipient， the Customs and the quarantine office shall go through the hand-over procedures with the postal enterprises or its branch office， and be responsible for the safekeeping； the period of sealing up for safekeeping shall not exceed 45 days. If， under special circumstances， the period of sealing up for safekeeping needs to be extended， the consent from the postal enterprise or its branch office and from the sender or the recipient shall be obtained， and this shall be done on the condition that the said international postal articles or postal materials being sealed up shall not suffer any losses. When the seal-up international postal articles or postal materials are returned to the postal enterprise or its branch office， the postal staff shall check carefully to see if they are all in good condition before they sign to acknowledge the hand-over. With respect to international postal articles that are to be confiscated according to law， or postal materials that， after health and quarantine inspection and animal and plant quarantine inspection， must be destroyed， the Customs or the quarantine office shall issue a written notice concerning the confiscation or quarantine disposal， and also notify without delay， the sender or the recipient and the postal enterprise or its branch office. In the event that the international postal articles， which are placed under inspection and sealed up for safe-keeping according to law， are found to have been lost， short of number or quantity， or damaged， the Customs or the quarantine office shall be held responsible for compensation or for handling the case. Article 51 If the inspection of postal articles or the health and quarantine inspection on postal materials carried out according to law， calls for the use of sites or premises of the postal enterprise or its branch office， the case shall be handled， through consultation， by the postal enterprise jointly with the departments concerned in accordance with the needs of work and objective possibilities. Article 52 The Customs shall， when handling according to law ownerless international post bages， pay the relevant postal expenses. Article 53 The ways for the transmission of Customs documents for outgoing international postal materials shall be decided on by the General Customs Administration jointly with the Ministry of Post and Telecommunications through consultation. Chapter VII Penalty Provisions Article 54 Those who have violated the provisions in Article 11 of these Rules shall be penalized by the department concerned according to the pertinent provisions of the State and in the light of the seriousness of the cases； those who have violated the pertinent provisions concerning public security shall be penalized by the public security organs in accordance with the Regulations of the People's Republic of China on Administration Penalties for Public Security. Article 55 Those who have violated the provisions of Item 3 in Article 33 of these Rules but have not caused serious consequences shall be dealt with by the public security organs in accordance with the Regulations of the People's Republic of China on Administration Penalties for Public Security. Article 56 Those who have forged， or falsely used the special postal mark and the postal uniform， or the postal date-stamp， postal tongs， and post bags and other special postal articles， shall be penalized with a fine of 1，500 yuan or less by the administrative bureau of post and telecommunications or by a unit authorized by it； in addition， the relevant articles mentioned above shall be confiscated. Article 57 Those who， for the purpose of making profits， have forged postage certificates， facsimiled postage stamp patterns without permission， or printed postcards with the inscription “The People's Postal Service of China”， shall be penalized with a fine of 5，000 yuan or less by the administrative bureau of post and Telecommunications or by a unit authorized by it； in addition， their illegal gains and the illegal articles shall be confiscated. In case that a user has purposefully used postage certificates， which are not in conformity with the pertinent provisions， on postal materials he/she posts， the postal enterprise or its branch office shall refuse to dispatch them， notify the sender to withdraw them within a fixed period of time， and， in addition， impose on the sender a fine equal to 10 times the postage the said user ought to pay； if it is impossible to notify the sender， or the sender fails to go through the formalities for withdrawing the aforesaid postal materials when the time limit expires， the postal materials shall be disposed of as ownerless ones. Article 58 In case that postal staff have concealed， destroyed， discarded， opened without permission， or stolen postal materials， or have embezzled or falsely claimed a user's remittance， the postal enterprise shall recover the illicit money and the stolen goods， may concurrently impose a fine on the offenders， and may even， in accordance with the seriousness of the circumstances， impose disciplinary sanctions on them. The specific measures shall be formulated by the Ministry of Post and Telecommunications. Article 59 Those who have violated the provisions in the second paragraph of Article 41 of these Rules shall have their responsibilities investigated in accordance with the provisions in Article 36 of The Postal Law. Article 60 For any violation of the provisions of these Rules that constitutes a crime， the criminal responsibilities shall be investigated by the judicial organs according to law. Article 61 Those who have received or opened other person's letters or mail by mistake but refused to return the letters or mail to the recipient， or who have already returned the letters or mail but have disclosed the contents of the letters or mail， thereby having encroached upon other person's right of freedom of correspondence， shall have their responsibilities investigated in accordance with the provisions in Article 36 of The Postal Law. Chapter VIII Supplementary Provisions Article 62 The public security organs， the state security organs， and the procuratorial organs， as mentioned in these Rules， refer to the public security organs， the state security organs， and the procuratorial organs at or above the county level. Article 63 The Ministry of Post and Telecommunications may， in accordance with these Rules， formulate pertinent rules and regulations. Article 64 The right to interpret these Rules shall reside in the Ministry of Post and Telecommunications. Article 65 These Rules shall go into effect as of the date of promulgation. |
