[Home] [Databases] [WorldLII] [Search] [Feedback] Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF THE REQUEST FOR INSTRUCTIONS OF THE ADMINISTRATIVE COMMISSION FOR FOREIGN INVESTMENT AND THE MINISTRY OF POST AND TELECOMMUNICATIONS ON FORBIDDING ANY UNITS OR FOREIGN BUSINESSMEN TO ENGAGE IN EXPRESS DELIVERY OF DOCUMENTS IN OUR COUNTRY

[Database Search] [Name Search] [Noteup] [Help]

CIRCULAR OF THE STATE COUNCIL CONCERNING THE APPROVAL AND TRANSMISSION OF THE REQUEST FOR INSTRUCTIONS OF THE ADMINISTRATIVE COMMISSION FOR FOREIGN INVESTMENT AND THE MINISTRY OF POST AND TELECOMMUNICATIONS ON FORBIDDING ANY UNITS OR FOREIGN BUSINESSMEN TO ENGAGE IN EXPRESS DELIVERY OF DOCUMENTS IN OUR COUNTRY

    The State Council has approved the Request for Instructions on Forbidding
Any Units or Foreign Businessmen to Engage in Express Delivery of Documents in
Our Country sent by the Administrative Commission for Foreign Investment and
the Ministry of Post and Telecommunications. It is hereby transmitted to you
for implementation.
REQUEST FOR INSTRUCTIONS ON FORBIDDING ANY UNITS OR FOREIGN BUSINESSMEN
TO ENGAGE IN EXPRESS DELIVERY OF DOCUMENTS IN OUR COUNTRY

    International express delivery (also called special delivery of documents
in some countries and regions) is a new postal service emerged in the world
only over 10 years ago. By this postal service, express delivery mail from the
addresser shall be transported with schedule flights, through closely-link
transport means on the way, to the post office at the destination, where it is
immediately delivered to the addressee by hand. This service is characterized
by convenience, speediness, timeliness and safety. The delivery is much faster
than ordinary, air mail, though the charge is also higher. Providing express
delivery not only offers good service to customers, but also increases the
revenues. Since July 15, 1980, the Ministry of Post and Telecommunications of
our country has established express delivery with more than a dozen countries
in the world. With the development of our national economy, this service will
further develop between China and other countries in the world.

    Sometime in April and May, 1980, DHL-SINOTRANS Ltd. in Hong Kong held
discussion with the Guangzhou Municipal Post Office in Guangdong Province
about the express delivery service. In August and September the same year,
Dunhao Company in the United States also held discussions with the
Consultation and Technical Service Company of the Ministry of Foreign Trade
for the same purpose. They were, in fact, asking for the establishment of "a
post office" by foreign private enterprises in order to handle international
mails in the Chinese territory. According to their plan, the Chinese
customers should observe their relevant regulations and, moreover, they would
fix their own charge standards, in which our postal service has no right to
intervene. This would not only infringe upon our sovereignty, right of postal
management and administration and economic interests, but also cause disorder
in the administration of post and communications in our country. Therefore, no
foreign private enterprises are allowed to engage in the business of postal
communication and express delivery of documents. In this connection, the
Ministry of Post and Telecommunications, with the agreement of the
Administrative Commission for Foreign Investment, notified the Administration
for Postal Affairs of Guangdong Province and the Ministry of Foreign Trade on
July 23, 1980 and September 12, 1980 respectively that they must stop their
negotiations with the relevant companies on the ground that the delivery of
letters, printed matters, documents and materials must all be administered and
managed by the General Post Office of the Ministry of Posts and
Telecommunications.

    In late October, 1980, American ALTMAN Co. of the United States started
the service of express delivery of documents at the International Club in
Beijing without authorization. American ALTMAN Co. has rented an office from
the club and hired a staff member from the Friendship Commercial Services
Company of Beijing Municipality in charge of the actual business. Up to now,
several documents have arrived at the Beijing Civil Aviation Administration by
special delivery from Paris, Hong Kong and the United States and have been
delivered to the addressees by the employee. The purpose of the foreign
private enterprises in vying for express delivery service in China is to seize
the business of express delivery of documents between China and other
countries and regions in the world. A consultant of DHL-SINOTRANS Ltd. in the
United States once said that the company was eager to start the business of
express delivery in China, mainly because it wanted to be the first of such
companies; it was ready to lose money on the venture for first three to four
years, but it expected to make big money later. We hold that American ALTMAN
Co.'s unauthorized business in Beijing mentioned above must be stopped.

    At present, a law for postal service has not been formulated in China and
many units do not know that the postal service in China is under unified
management and administration. In order to protect the unification of our
postal service more effectively in the future and forbid any enterprises or
individuals outside the postal department and any foreign businessmen to start
the business of special delivery of documents in China without authorization,
it is necessary to reiterate that any postal service which is run within China
or jointly run with other countries, including the inward or outward delivery
of letters, printed matter, documents and materials and special delivery of
documents, must be administered and managed in a unified way by the Ministry
of Post and Telecommunications, which is responsible for formulation of
unified postal charges and various rules and regulations. Other organs,
enterprises or individuals may not engage in the business of express delivery
of documents in China. Foreign private businessmen in particular shall not be
allowed to have a hand in this line of business.

    If nothing is inappropriate, it is requested that the above be approved
and transmitted to all the localities and departments for implementation.