Laws of the Shanghai Province

(Promulgated on October 28, 2005 by Decree No. 53 of the Shanghai Municipal People' s Government)

Article 1 (Purpose and Basis)

For the purpose of strengthening the construction and administration of postal facilities, these Procedures are formulated according to the "Law of the People' s Republic of China on Postal Service" and "Rules for the Implementation of Law of the People' s Republic of China on Postal Service" and the provisions of relevant laws and regulations, and in the light of the actual circumstances of this Municipality.

Article 2 (Definition of Relevant Diction)

Postal facilities mentioned in these Procedures refer to site to sort, store and transport posts, post station (office), pillar box (letter box), post-office box (cabin, P.O.boxes).

Article 3 (Scope of Application)

These procedures shall apply to the planning, construction and relevant administrative activities of postal facilities in the administrative areas of this Municipality' s.

Article 4 (Competent Administrative Departments)

The Shanghai Municipal Postal Bureau (hereinafter referred to as the SMPB) is the competent administrative department of postal facilities and is responsible for the specific management of postal facilities in this Municipality.

The administrations of planning, construction and communications, housing, land and resources, and municipal works shall, according to their respective lawful functions and duties, and the provisions of these Procedures, do a good job relevant to the management of postal facilities.

Article 5 (Drawing up the Planning)

The SMPB shall, according to the national economy and social development program of this Municipality, and the relevant planning of the State Postal Bureau, draw up a professional and systematical planning for postal services, which shall be brought into the general planning of the Municipality after an overall balance by the SMPB and upon the approval of the Municipal People' s Government.

The municipal planning bureau or the district/county people' s governments shall, while drawing up their specific controlling planning, link it with the professional and systematical planning for postal services.

Article 6 (Setup and Installation Standards)

The SMPB shall, jointly with the Municipal Planning Bureau, formulate and promulgate the standards for the setup of sites to sort, store and transport posts and for the setup of post stations (offices) in this Municipality.

The Municipal Construction and Communications Committee shall, jointly with the SMPB, formulate and promulgate norms for the installation of post-office box (cabin, P.O.boxes).

The design and construction of postal facilities shall measure up to relevant standards and norms.

Article 7 (Separately Constructed Postal Facilities)

The SMPB shall, according to the requirements of the professional and systematical planning for postal services and the specific controlling planning, construct sites to handle, store and transport posts, separately build post stations (offices), and install pillar boxes (letter boxes) according to provisions.

The land used for constructing sites to sort, store and transport posts shall be administratively allocated by the municipal or district/county people' s governments.

Article 8 (Accessorily Constructed Post Station/Office)

In case that it is necessary to construct an accessory post station (office) in a real estate construction project, the development unit shall determine its area and location in the planning and design scheme, and submit it to the planning administration for examination and approval.

When checking the accessorily constructed post station (office) for acceptance, the planning administration shall inform the SMPB to participate; after the approval of the acceptance check up, the SMPB may set up the post station (office) through purchase or lease.

The purchase price of the accessorily constructed post station (office) shall be decided through negotiation between the SMPB and the development unit, in which the price of the acreage within the standard area scope defined in the standards for setting up post station (office) shall not be higher than the corresponding fees for acquiring the land-use right (including the fees for the grant of the state owned land-use right and the compensation and resettlement fees for house demolishing and relocation) and the cost of construction and installation of the buildings.

Article 9 (The Routine Use and Maintenance of Postal Facilities)

The SMPB shall establish and perfect a set of system concerning the use, maintenance and management of postal facilities to guarantee their regular use.

The SMPB shall be responsible for the maintenance of the sites to sort, store and transport posts, post stations (offices) and pillar boxes (letter boxes); house owners shall be responsible for the maintenance of the post-office boxes (cabins, P.O.boxes) or they may entrust the property management company with the routine maintenance.

Article 10 (Compensation and Resettlement for Demolishing and Relocation)

In case that a post station (office) is demolished or relocated for urban construction, if it is necessary to reset up a post station (office) in that area, according to the specific controlling planning, the demolishing unit shall set up a new post station (office) by means of reconstruction or exchanging with houses of property right based on the planning and the requirements in the standards for setting up post stations (offices); if it is not necessary to reset up a post station (office) in that area, the demolishing unit shall provide money compensation based on the real estate market price of the demolished houses.

The house provided by the demolishing unit through reconstruction or exchanging shall locate in the corresponding areas with the demolished post station (office), and if the size of the house is within the original area scope, the two parties need not to settle the difference; if larger than the original area scope, but within the standard area scope defined in the standards for setting up post stations (offices), the difference for settlement shall not be higher than the corresponding fees for acquiring the land-use right (including the fees for the grant of state owned land-use right and the compensation and resettlement fees for house demolishing and relocation) and the cost of construction and installation of the buildings.

Article 11 (Transitional Solution for Demolishing and Relocation)

In case that a post station (office) is demolished or relocated for urban construction, the demolishing unit shall provide transitional houses for universal postal services; if the demolishing unit is incapable of providing, the SMPB may solve the transition by itself, but the former shall pay the compensation and resettlement fees for the transition.

Article 12 (Forbidden Acts)

No units or individual persons shall be allowed to destroy, occupy postal facilities, or obstruct their regular use, or make bold to change their property of use.

Article 13 (Supervision)

The SMPB shall establish a system for complaint or public report, and lose no time in handling the complaints or reports made by units or individual persons. In case of unlawful acts, they shall be stopped in time and handled according to law.

Article 14 (Administrative Punishment)

In case that units or individual persons violate the provisions in these Procedures by occupying public postal facilities, the SMPB shall order them to make corrections within a time limit. Failing to make corrections beyond the time limit, and in case of occupation for non-business purposes, a fine of between not less than 500 yuan and not more than 1,000 yuan shall be imposed; in case of occupation for business purposes, a fine of between not less than 10,000 yuan and not more than 30,000 yuan shall be imposed.

Article 15 (Effective Date)

These Procedures shall become effective on December 1, 2005.