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Measures of Foshan City on the Safety Management of Mail and Logistics Service

佛山警务在线        发布日期:2017-05-03 10:28:00

 

Order of the Foshan Municipal People’s Government

 

No. 3

 

Measures of Foshan City on the Safety Management of Mail and Logistics Service adopted at the 4th Executive Meeting of the Fifteenth Session of the Foshan Municipal People’s Government on April 1, 2017 are hereby issued and shall be effective as of July 1, 2017.

 

 

                         Mayor of Fosan City: Zhu Wei

                         April 25, 2017

 

Measures of Foshan City on the Safety Management of Mail and Logistics Service

 

Article 1 These Measures are formulated for the purposes of regulating the activities of mail and logistics service in the City, protecting citizens’ personal and property safety as well as public security, and promoting healthy development of the mail and logistics service industry in the City, in accordance with such laws and regulations as the Counterterrorism Law of the People’s Republic of China, Postal Law of the People’s Republic of China, and Anti-drug Regulation of Guangdong Province as well as the actual situation of the City.

 

Article 2 These Measures shall apply to the public security and safety management ofmail and logistics service within the administrative region of the City.

 

Article 3 The term “mail and logistics service enterprises” mentioned in these Measures includes the postal and express delivery enterprises (hereinafter collectively referred to as the “mail service enterprises”) and road freight transportation enterprises (hereinafter referred to as the “logistics service enterprises”) that engage in the activities of collecting, sorting, transporting and delivering such items as parcels and goods.

 

Article 4A security management system shall be established and improved, and the systems of security inspection and registration of customers’ identification and item information shall be implemented in the activities of mail and logistics service within the administrative region of the City.

 

Article 5 The public security organ shall be responsible for supervising and guiding the mail and logistics service enterprises within its administrative region to establish and improve the public security management system, and investigating the acts of violating the public security management in the mail and logistics service by law.

The postal administrative department shall be in charge of the security management of mail and logistics service within its administrative region, and the investigation of the acts of violating the system of security inspection, registration of customers’ identification and item information by law.

The public security organ shall work with the postal and transportation administrative departments to set up an information sharing mechanism for the security management of mail and logistics servicefor the security management of mail and logistics service, establish a joint law-enforcement mechanism, strengthen the team construction, equip with the full-time staff to investigate and deal with the acts of violating the security management of mail and logistics service, promote the information system of security management of mail and logistics service, and provide the information technology support to the mail and logistics service enterprises.

The competent authorities, inter alia, the administrative departments of national security, transportation, commerce and industry, business, customs, safety supervision, as well as inspection and quarantine shall conduct the security management work of mail and logistics service in accordance with their respective functions by law. All the relevant government departments shall strengthen the publicity work in popularizing the knowledge of security management of mail and logistics service.

 

Article 6 The mail and logistic service associations shall strengthen the intra-industry self-discipline and provide information and training services for the members thereof, and cooperate with relevant departments to conduct the safety management work.

 

Article 7 When sending or consigning the items, the sender and the consignor shall comply with relevant national and provincial regulations on the prohibited or restricted items to be mailed or transported, presenting their valid identity documents, and filling in the information on the items, the sender or the consignor and the receiver truthfully.

 

Article 8The legal representative or the principal in charge of a mail and logistics enterprise shall be responsible for the following functions and duties regarding the public security and security activities of mail and logistics service:

(1) Organizing to formulate and implement the security education and training programs on mail and logistics service;

(2) Supervising and checking the security work of mail and logistics service and eliminate hidden dangers in security in a timely manner;

(3) Organizing to formulate and implement the contingency plans for the accidents regarding the security of mail and logistics service;

(4) Reporting the hidden dangers and accidents in the mail and logistics service to the relevant departments in a truthful and timely manner.

 

Article 9 Where the enterprise engages in the activities of mail and logistics service in the form of franchise, the franchisor shall be responsible for the security supervision and management of the franchisee.

 

Article 10 The mail and logistics service enterprises shall strengthen the construction of security facilities, installing the video surveillance equipments in the links of receiving and sending, sorting, and security inspection of the mails or goods, and in the goods collection places for sporadic freight transportation, and connecting those equipments with the information platform of the postal administrative departments or public security organs. The video surveillance equipments shall be operating on a 24-hour basis, and the surveillance data shall be stored for no less than 30 days.

 

Article 11 The mail and logistics service enterprises shall conduct the security training for the staff, organize such trainings not less than once a year, and establish the training records.

 

Article 12 The mail and logistics service enterprisesshall check and register the identity information of their staff, and input it as required into the security management information system of the public security organ.

 

Article 13 The mail and logistics service enterprises shall display in a conspicuous manner such information as the list of the prohibited or restricted mail delivery items, the rules of sender’s identification checking, items inspection, as well as the operation procedures of security management system in their business offices, processing and distribution centers and goods collection places for sporadic freight transportation.

 

Article 14 Upon collecting and delivering items, the mail and logistics service enterprises shall request the senders or consignors to fill such information as names, addresses and contact information of the sender or consignor and the receiver as well as the names, types and quantity of the items in the mailing waybill or the consignment notes truthfully, and shall check the identity of the sender or consignor. Where the sender or consignor refuses to present the real and valid identity card, or fails to fill the information on the mailing waybill or the consignment notes/notes truthfully, the mail and logistics service enterprises shall refuse to accept or deliver the items.

For corporate customers who have signed the security guarantee agreement, the mail and logistics service enterprises shall register the valid identity information of the principal in charge and the persons mainly for routine mail and logistic delivery matters. For those who have registered, the enterprises may adopt other effective methods to check the customer’s identification.

 

Article 15 The mail and logistics service enterprises shall adopt the informatization method to carry out the system of customers’ identification checking in accordance with the requirements of the competent authorities.

The mail and logistics service enterprises shall not register such information as the identification card number of the sender or consignor on such places as the mailing waybill or the consignment notes/notes, in order to prevent the leakage of personal identity information.

 

Article 16 For items rather than letters, the mail and logistics service enterprises shall inspect inside the file pocket, box or bag, and shall not collect and deliver or transport the items if the sender or consignor refuses the on-site inspection.

 

Article 17 The mail service enterprises shall be equipped with the screening equipment meeting the national standards and possessing the function of security checking, arrange the staff with corresponding knowledge and expertise to conduct the security checking of the items to be delivered or consigned in accordance with these Measures. For the items that are qualified with the security check, the enterprises shall affix the security identification through such methods as posting a tag or stamping a seal in a prominent place such as the circulation page of mail waybill.

 

Article 18 The logistic service enterprises should sign a security guarantee agreement with the consignor, and clarify the security responsibilities. Where there is one of the following circumstances, they may take such methods as sampling inspection or checking to conduct the security inspection:

(1) The goods are not able to be unpacked for visual inspection because of the special packaging requirements or other objective reasons;

(2) The goods are too large in size to be scanned for the security check by the X-ray machines.

The logistics service enterprises shall conduct qualified registration of sampling inspection or checking of the goods in preparation for the inquiries by relevant administrative departments.

 

Article 19 The mail and logistics service enterprises shall stop relaying, delivering and transporting those prohibited or restricted items they have received. Where the enterprises discover such items to be suspected drugs, gun parts, ammunitions, explosives, hazardous chemicals or illegally delivered narcotic drugs, psychotropic substances and precursor chemicals which need to be confiscated or destructed, they shall report to the public security organ and relevant authorities immediately and cooperate with relevant departments in processing the items, if those items involving suspected crimes or violations of the law. Where there is no need for the items to be confiscated or destroyed, the enterprises shall contact the sender or consignor and deal with the items in a proper manner.

 

Article 20 The mail and logistics service enterprises shall set up their archive system of mailing and logistic waybill or the consignment notes as well as the electronic information data. The period of record-keeping shall be no less than one year, unless otherwise provided by the laws and regulations. Upon expiration of the record-keeping period, the enterprises shall destroy the records in a centralized manner in accordance with the law and regulations, keep the destruction records properly, and shall not discard those files randomly.

The mail and logistics service enterprises shall take necessary measures to ensure the security of customers’ information, keep confidential such information as names, addresses and contact details of the sender or consignor and the receiver, names and quantity of the items to be des and quantity of the items to be delivered or consigned as well as the personal information recorded in the identification documents, and shall not sell or provide it to others illegally. When improper disclosure, damage or loss of the customers’ information occurs, or is likely to occur, the enterprises shall immediately take remedial measures, and report it to the competent authorities or the public security organ.

 

Article 21 All units and individuals have the right to report the act of violating the security management system of mail and logistics service, and the public security organ and other relevant departments shall, in accordance with these Measures, reward the units and individuals who have reported or provided the crime clues or assistance in detecting the crime.

 

Article 22 Where the mail service enterprises, in violation of Article 10 of these Measures, involve any one of the following circumstances, the postal administrative department shall order them to make corrections within a prescribed time limit, and impose a fine of not less than RMB 10,000 but not more than RMB 30,000 if they fail to do so within such time limit:

(1) Failing to install the equipment;

(2) Failing to connect with the information platform of the postal administrative department or the public security organ in accordance with these Measures;

(3) Failing to operate the video surveillance equipment in accordance with these Measures.

Where the logistics service enterprises violate the provisions of the aforementioned paragraphs, the public security organ shall order them to make corrections within the prescribed time limit, and impose a fine of not less than RMB 10,000 but not more than RMB 30,000 if they fail to do so within such time limit.

 

Article 23 Where the mail service enterprises, in violation of Article 11 of these Measures, fail to organize the security training, the postal administrative department shall order them to make corrections within the prescribed time limit, and impose a fine of less than RMB 20,000 if they fail to do so within such time limit.

Where the logistics service enterprises violate the provisions of the previous clauses of these Measures, the public security organ shall order them to make corrections within a prescribed time limit, and impose a fine of less than RMB 20,000 if they fail to do so within such time limit.

 

Article 24 Where the mail and logistics service enterprises, in violation of Article 12 of these Measures, fail to input the required information or provide false information, the public security organ shall order them to make corrections within a prescribed time limit, and impose a fine of not less than RMB 2,000 but not more than RMB 10,000 if they fail to do so within such time limit.

 

Article 25 Where the mail service enterprises, in violation of Article 13 of these Measures, fail to disclose relevant content in a conspicuous manner, the postal administrative department shall order them to make corrections within a prescribed time limit, and impose a fine of not less than RMB 2,000 but not more than RMB 10,000 if they fail to do so within such time limit.

Where the logistics service enterprises violate the provisions of the previous paragraphs, the public security organ shall order them to make corrections within a prescribed time limit, and impose a fine of not less than RMB 2,000 but not more than RMB 10,000 if they fail to do so within such time limit.

 

Article 26 Where the mail and logistics service enterprises, in violation of Articles14, 16, 17, 18 and 19 of these Measures, involve any one of the following circumstances, the postal administrative department shall impose the mail delivery service enterprises a fine of not less than RMB 100,000 but not more than RMB 500,000, and the persons in charge and other personnel who is directly responsible a fine of less than RMB 100,000 respectively; the public security organ shall impose the logistic service enterprises a fine of not less than RMB 100,000 but not more than RMB 500,000, and the principal directly in charge and other personnel directly responsible a fine of less than RMB 100,000 respectively:

(1) Failure to implement the security inspection system and check the customers’ identity or failure to conduct security inspection on the items to be delivered or transported in accordance with the provisions;

(2) Delivery or transportation of those items prohibited by law, of material hidden danger in security, or the sender or consignor refuses to accept the security inspection;

(3) Failure to implement the system of customer and item information registration.

            

Article 27 Where the mail and logistics service enterprises, in violation of Paragraph 1 of Article 20 of these Measures, fail to keep or destroy the mailing waybill or the consignment notes, or electronic information files, the postal administrative department shall impose the mail service enterprises a fine of not less than RMB 5,000 but not more than RMB 30,000; and the public security organ shall impose the logistic service enterprises a fine of not less than RMB 5,000 but not more than RMB 30,000.

 

Article 28 Where the mail service enterprises, in violation of Paragraph 2 of Article 20 of these Measures, disclose the sender and the receiver’s delivery information or personal information, but has not constituted a crime, the postal administrative department shall order them to make correction, confiscate illicit gains, and impose a fine of not less than RMB 10,000 but no more than RMB 50,000, and give sanctions to the persons directly in charge and other personnel directly responsible in the postal service enterprises. As for the express mail service enterprises, the postal administrative department may also order them to stop doing business for internal rectification until to revoke the business license of express delivery service.

Where the employees of the mail service enterprises have the act of violating the provisions of the preceding paragraph, but have not constituted a crime, the postal administrative department shall order them to make correction within the prescribed period, confiscate the illicit gains, and impose a fine of not less than RMB 5,000 but not more than RMB 10,000.

Where the logistics enterprises violate Paragraph 2 of Article 20 of these Measures, the public security organ shall order them to make corrections, and impose a fine of not less than RMB 10,000 but not more than RMB 50,000.

 

Article 29 The privately or individually-owned business engaging in the road freight transportation shall refer to these Measures.

 

Article 30 These Measures shall be effective as of July 1, 2017.


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