Background
Effective from 1 March 2024, the newly revised Regulations on the Administration of the Express Delivery Market (hereinafter referred to as the "Regulations") officially came into force. On 15 March 2024, the State Council promulgated the Implementation Regulations of the Consumer Rights Protection Law (hereinafter referred to as the "Implementation Regulations"), set to be enforced from 1 July 2024. The Regulations introduce new standards for service quality within the express delivery industry and further delineate consumers' rights, obligations, and protection mechanisms. Based on the provisions of the Regulations and the Implementation Regulations, our firm's lawyers have further clarified the boundaries of consumer rights and obligations within the express delivery sector.
I. Consumer Rights
(1) Right to Information and Freedom of Choice
Article 22(1) of the Regulations stipulates that enterprises engaged in express delivery must, in accordance with laws and administrative regulations, publicly display or otherwise clearly disclose their service types, service areas, service timeframes, business hours, pricing standards, package tracking, loss compensation, and complaint handling on their websites, business premises, or through other prominent means.
Article 23 mandates that enterprises providing express delivery services to e-commerce operators must inform these operators in writing to clearly display the express service brand on their sales webpages, ensuring users' right to be informed about the delivery services.
Article 24 requires that express delivery companies enter into service contracts with senders, clearly outlining rights and obligations. If the company is unable to provide services to certain established villages, communities, or other areas, it must notify the sender in a conspicuous manner in advance.
Article 27(3) states that unless otherwise specified by law or administrative regulations, when a recipient receives a package from an unknown source and requests necessary information such as the sender's name, address, and contact number, the express delivery company must provide the information it holds.
Article 28(2) specifies that if the recipient or their designated agent cannot physically accept the package, the express delivery company must arrange an alternative delivery method and confirmation procedure with the user.
The right to information and freedom of choice are fundamental consumer rights. The Regulations impose obligations on express delivery companies to publicly disclose service details beforehand, inform or remind consumers of significant rights and obligations during the service, and establish mechanisms for package tracking post-service. Failure to disclose service details or changes may result in fines up to RMB 30,000, and non-compliance with delivery publicisation can incur fines up to ten times the express fee. Additionally, the Regulations affirm consumers' right to information about senders when receiving packages from unknown sources, with non-compliant companies facing fines up to RMB 30,000.
Articles 9, 10, and 13 of the Implementation Regulations similarly outline specific obligations and operational guidelines for operators to provide relevant business, product, or service information in a clear and accessible manner. These provisions aim to prevent operators from using complex explanations or marketing tactics that confuse consumers, thereby maximising the protection of consumers' right to be informed. Notably, Article 9(2) addresses prevalent issues in the information age, such as discriminatory pricing based on big data ("killing familiar customers") and non-transparent pricing practices.
Consumers are advised to exercise their right to request information about express delivery operators' business practices, promotional activities, and other relevant details to make informed decisions about purchasing and using services. Consumers should recognize that when faced with "passive consumption" scenarios where free choice is limited, the operator's actions may constitute unlawful behaviour, allowing consumers to refuse service or file complaints.
(2) Right to Service Tracking and Inquiry
Article 36(2) of the Regulations requires express delivery companies to establish management systems for the use and disposal of tracking numbers, implementing integrated management of tracking number usage information, user information, and package details to ensure packages can be tracked and inquired about.
Consumers using express delivery services can utilise the tracking systems provided by the companies to monitor the status of their shipments, including recipient information, transit details, and delivery updates, thereby safeguarding their right to be informed and enhancing their service experience. Failure to establish such tracking mechanisms may result in fines up to RMB 10,000.
(3) Right to Privacy
Article 25(2) mandates that when users inquire about information specified in the preceding clause, express delivery companies must implement measures in accordance with the Personal Information Protection Law of the People’s Republic of China to prevent unauthorized inquiries and personal information breaches.
Article 35(1) stipulates that during their operations, express delivery companies must limit the collection of users' personal information to what is necessary for fulfilling the delivery service contract, prohibiting excessive data collection.
In the era of big data, consumer information is highly susceptible to breaches. Express delivery companies are increasingly adopting measures such as virtual recipient numbers and encrypted labels to balance service quality enhancement with privacy protection.
Article 23 of the Implementation Regulations clearly states that operators must legally protect consumers' personal information, adhering to the "minimum necessary principle" when collecting data and processing sensitive information in a lawful and compliant manner. Article 24 addresses issues related to commercial "spam calls" and "spam messages," clarifying that sending unsolicited commercial calls or messages without prior consumer consent may result in civil or administrative liabilities, including fines ranging from one to ten times the illegal gains or up to RMB 500,000, and entry into the enforcement authority's credit records.
(4) Right to Inspection upon Delivery
Article 27 specifies that when delivering packages, express delivery companies must inform recipients of their right to inspect the package contents and verify consistency with the delivery manifest. If the packaging is visibly damaged or contains fragile items, recipients must be informed of their right to inspect the contents or refuse the package.
If express delivery companies and senders have pre-agreed in writing on specific methods for recipients to inspect contents, these methods must be prominently noted on the delivery manifest.
To prevent ambiguities in determining liability for damaged items, the Regulations establish consumers' right to inspect packages upon delivery, as well as the option to choose alternative inspection methods. This inspection right serves not only to verify package contents but also to assess the quality of the delivery service. Should the inspection reveal deficiencies, the express delivery company is liable for breach of the delivery service contract and for violations under the Civil Code.
(5) Right to Home Delivery
Article 28(3) states that express delivery companies must not confirm receipt of packages on behalf of users without their consent, nor may they unilaterally place packages in smart lockers, delivery service stations, or other end-service facilities.
Consumers retain the right to request home delivery by express service personnel, embodying their freedom of choice. Recently, delivery personnel have increasingly neglected consumer preferences for the sake of operational convenience, opting to place packages in aforementioned facilities without consent. The Regulations address this issue by affirming home delivery as a legitimate and reasonable consumer right, obligating express delivery companies to comply, with non-compliance resulting in fines up to RMB 30,000.
(6) Right to Complain and Appeal
Article 30 mandates that express delivery companies establish and完善 systems for handling consumer complaints and appeals, legally addressing disputes regarding service quality raised by users.
If consumers are dissatisfied with the outcome of their complaints or if complaints are not addressed promptly, they may escalate the matter through an appeal concerning service quality.
Postal regulatory authorities are responsible for mediating appeals related to service quality raised by consumers. Express delivery companies must legally address appeal matters forwarded by postal authorities and provide feedback on the outcomes.
Consumers dissatisfied with express service quality may file complaints and, if unsatisfied with the resolution, may lodge appeals. The Regulations provide consumers with dual avenues for redress, thereby enhancing oversight of service quality and protecting legitimate consumer rights. Express delivery companies must cooperate with postal authorities in handling appeals, failing which they may face fines up to RMB 3,000.
According to Article 27 of the Implementation Regulations, administrative authorities are tasked with promoting a diversified resolution mechanism for consumer disputes. Consumers must also pursue their rights lawfully and without seeking improper gains or harming operators' legitimate interests. Engaging in fraudulent practices such as tampering, substitution, or forgery to obtain compensation or extort operators may result in administrative or even criminal liabilities, excluding eligibility for punitive damages.
II. Consumer Obligations
(1) Delivering Eligible Items and Providing Accurate Information
Article 5 states that users of express delivery services must comply with laws, administrative regulations, and relevant prohibitions or restrictions on items specified by the State Council and its departments. Users must provide truthful and accurate information necessary for utilizing express delivery services.
This provision aims to prevent unidentified individuals from engaging in illegal activities via express deliveries and to safeguard public safety from the circulation of prohibited items. Online systems and paper manifests clearly list prohibited and restricted items, which users must carefully review before placing orders. Under Article 16 of the Regulations on the Administration of Prohibited Express Delivery Items, users who violate prohibitions by sending restricted items may face civil, administrative, or criminal liabilities.
(2) Cooperating with Identity Verification, Item Inspection, and Information Verification; Legal and Compliant Sending and Receiving
Article 26 outlines that express delivery companies must establish service quality management systems and operational protocols to ensure service quality, meeting the following requirements:
• (a) Legally verify the sender's identity and register their information. If a sender refuses to provide identity information or provides false information, the company must refuse to send or receive the package.
• (b) Inspect items other than letters sent by the sender, record the names of the contents, and refuse to send or receive if the sender declines to provide information about the contents or if the provided information does not match the inspection results.
• (c) If the sender's provided sending or receiving address does not match the actual address, the discrepancy must be accurately recorded on the delivery manifest.
These provisions clarify the cooperative obligations consumers must fulfill towards express delivery companies. In light of common implicit conflicts between consumers and delivery personnel, such as the inconvenience of providing information or the complexity of inspection and confirmation steps, consumers should adopt a cooperative attitude to facilitate the smooth operation of express services and foster a favourable development environment for the industry.
(3) Legal Use of Delivery Manifests
Article 32 prohibits any organisation or individual from using express delivery services to engage in activities that harm national security, public interests, or the legitimate rights and interests of others.
Article 36(3) forbids the illegal use or resale of express delivery manifests by any organisation or individual.
These provisions require consumers to adhere to the general restrictions imposed by the Regulations and to use delivery manifests lawfully when utilizing express delivery services.
Conclusion
The Regulations not only govern express delivery companies but also outline the obligations consumers must adhere to when using such services. Consumers should be aware of the boundaries of their rights and obligations under the Regulations to ensure lawful and compliant use of express delivery services. Concurrently, consumers can supervise aspects such as service quality and timeliness, report issues to relevant authorities, and thereby promote healthy competition and industry development. Cities like Jinhua and Shanghai have already issued compliance guidelines for the express delivery sector, identifying key compliance risks and operational mechanisms. Express delivery companies can establish internal compliance guidelines in accordance with the Regulations and Implementation Regulations.
Building a healthy and harmonious business environment in the express delivery industry requires the concerted efforts of consumers, delivery operators, and regulatory bodies. This collaboration ensures high service quality, safety, and transparency, providing consumers with an enhanced service experience and fostering the sustainable development of the entire industry.
