Administrative Measures for the Delivery Services of Smart Package Lockers (Mainland China)

Karl Zhang

On June 12, 2019, the Ministry of Transport adopted the Administrative Measures for the Delivery Services of Smart Package Lockers (the “Measures”), which will go into effect on October 1, 2019.  Consisting of 35 articles, the Measures are highlighted below:

1. Qualifications and recordation

The “smart package lockers” in the Measures refer to the smart terminal service facilities which provide acceptance and delivery of packages, but excluding self-service storage facilities and equipment for non-delivery items.  Enterprises operating smart package lockers to provide delivery services (“Operators”) and enterprises using such smart package lockers to provide delivery services (“Users”) shall be capable of providing services that are commensurate with their package acceptance and delivery businesses.  If the Operators and the Users meet the requirements for the licensing of package delivery business, they may apply for such license in accordance with relevant provisions.

The Operators shall, within 20 days after the date when delivery services for the smart package lockers begin, record the smart package lockers as terminal courier delivery service outlets with the postal administrative authorities below the provincial level where the smart package lockers are located.

2. Courier delivery requirements

The Measures also cover the requirements for the establishment of smart package lockers and require the Operators to disclose their technical conditions and services for real-name acceptance and rejection of delivery.  In addition, the Measures also specifically provide for matters such as package inspection before delivery, real-name acceptance and delivery, service deadlines and service quality, as well as the circumstances by which the Operators and Users are not allowed to use the smart package lockers to accept and deliver express packages.

The Measures set down the relevant rights of package recipients, as well as the relevant obligations of the Operators and Users, with the Users being obliged to timely obtain the consent of the recipients and notify the recipients after the express packages are delivered.

3. Penalties

Articles 30 to 33 of the Measures stipulate a fine of RMB 5,000 to RMB 30,000 for violations of the Measures, e.g., a failure to disclose information about smart package lockers, or allowing organizations or individuals other than the Users to use the smart package lockers.

In general, the promulgation and implementation of the Measures translate into more specific requirements for participating enterprises and have a relatively more significant impact on industries relating to smart package lockers.