“we have less than three months, and more than six months, to apply for the licence of the branch, and the business cannot afford it”; “we have changed our network, and we have not been able to obtain a change permit for six months”。
At the teleports industry development symposium on the afternoon of 10 september, representatives of major domestic and foreign couriers, including the summit, roundabouts and kyoto, spoke out。
At the meeting on the same day, the major courier enterprises discussed, inter alia, the draft express regulations prepared by the national post office and to be issued by the state council, which would be the lower law of the postal law and would have a higher legal effect than the express market management scheme. However, many of the provisions contained in the regulation have given rise to considerable controversy, such as the system of full registration of express couriers, the system of actual couriers, etc., and the licensing system has given priority to the blacking-out of most express couriers。
The researcher at the state council's centre for development studies, wei cheong, has just concluded that licensing is an important constraint on the development of the industry and that the authorities should innovate the regulation of the express delivery sector。
Seo yong, chief advisor of the express advisory network, recommended that the pre-licensing requirement be simplified or even eliminated, instead of being filed with the postal service within a specified time period after the registration of the business and introducing a “guarantee system”. It can also reduce the operating costs of enterprises and the management costs of the regulatory sector and increase industry-wide efficiency。
Excessive processing time
According to liu wei, vice-president of pan-fung express, there are currently more than 3,000 internet points across the country, only over 100 of which are licensed in seven provinces, and most of the others have not yet been licensed to “business illegally”. "the thing we want to solve is this illegal state." liu wei。
The awkward reality of the illegal operation of express delivery enterprises has led to inefficient postal administration. Participating enterprises provided a diagram showing that a national networked express delivery company that had established a new illegal branch based on business needs would have to go through the following processes:
An application by a legal entity to the state postal service, a request for advice by the state postal service within 45 days from the departmental postal office in which the branch is located, and a request for advice by the departmental postal office to the local municipal postal office within 30 days, which also takes 30 days, are then sent by the local postal office to the branch for on-site inspection within 15 days before it is submitted to the departmental postal service, which often takes 30 days. Finally, the comments of the provincial postal service were fed back to the national postal service。
In other words, a permit for a branch office takes at least five months to obtain it. In practice, this process may be further extended for various reasons。
“the verification notice issued by the national postal administration to the provincial postal administration of the branch office is sent by registered mail, and you are required to communicate with the national and provincial directorates at any time, whether or not you have been notified, or whether you have received the notice, and if you are not watching, the process will be extended indefinitely.”
Zhang mei's express delivery company has a state-owned enterprise background and she also states to journalists: “the local postal service is limited in its personnel and it is impossible to arrange an inspection at short notice, which can take a long time。
In addition to the process required for the establishment of new branches, common changes in the enterprise's address, legal persons, etc., would also require such a lengthy process。
Liu wei indicated that other well-qualified express delivery points wanted to be added to the full flag of delivery, but that the lengthy changes and the refusal of the post office to grant licences to affiliated businesses had resulted in most of the outlets operating illegally, sometimes with fines and hardship. He noted that “the overall situation is also common to the vast majority of other courier companies throughout the country”。
The licensing system needs to be reformed
Representatives of the express delivery business repeatedly stressed at the meeting that, under the postal law, the establishment of a branch of the business would have required only filing, and how can it be deformed to “licence approval” in practice
It is understood that article 54 of the postal law provides that: “if an enterprise other than a postal enterprise that operates a courier service (hereinafter referred to as a courier enterprise) has a branch or is incorporated or separated, it shall file with the postal administration.” according to this provision, the establishment of a branch of the enterprise should be registered with the business sector before filing with the postal administration, i. E., the so-called “recording system”。
However, the express market management scheme (hereinafter referred to as “the scheme”), which was introduced in 2013, “evolved” into “pre-approval” by “additional list” provisions。
Article 12 of the scheme reads as follows: “an enterprise that obtains a licence to operate a express delivery business shall establish branches of an illegal person such as a branch, a branch of an operating company, a branch of an enterprise, and register it in the business administration of the place where the branch office is located on the basis of a licence (copy) of the legal person of the enterprise to operate the express delivery business and the attached list of branches. The register shall be filed by the branch office of the enterprise within twenty days of the date on which the business licence is issued to the postal administration in the place where it is located.”
This means that the new branch of the enterprise needs to be added to the list of branches attached to the licence by application of the postal administration before registering with the business sector。
It is this “add list” procedure that makes the “recording system” provided for in the law on the postal service, which goes to the top。
In addition, the geographical scope of permits for enterprises operating in the inter-provincial and international fields until 2012 is based on departmental approvals, which can be carried out on a province-wide basis, provided that a provincial branch is established. However, since 2012, the postal administration has started to establish three levels of supervisory authority, and in the process of actual approval, the permit requested by the express delivery enterprise is limited to the municipal level. This means that if an enterprise is to operate throughout the country, it will have to apply for branches in 350 municipalities, otherwise it will not be allowed to operate in municipalities without a permit。
This has undoubtedly resulted in the artificial division of a full market into more than 350 areas of operation by administrative means, severely restricting the development of business and the flow of goods, placing an enormous burden on enterprises and causing a great waste of administrative resources。
The vice-president and secretary-general of the china logistics and procurement federation, and the chairman of the electronics logistics and express branch, choi zhongqin, have therefore pointed out that the state council considers decentralization to be a “head-to-head” in the overall deepening of reforms, and that addressing, in particular, good government-market relations is a specific requirement for further reform. The current business licensing system in the express delivery sector should be adapted to the current trend of decentralization and proactive reforms to allow the dynamism of the market to be fully realized and released。
Researcher weicheng, researcher at the centre for development studies of the state council, also noted that the current design of the licensing system was becoming increasingly restrictive for industry development and a major constraint on industry development. In accordance with the spirit and guidance of the state council on decentralization, the time has come to reform the express permit system, and the competent authorities should innovate the regulation of the express delivery industry to maximize the dynamism of the enterprise。
The express delivery company's appeal has received some response. In july, the national postal service issued a circular requesting the various levels of postal administration to further optimize the approval process, strengthen licensing and reduce the burden on courier enterprises。
Since the beginning of this year, the time frame for approval by the national postal service has been further reduced, the average time taken for change matters has been reduced from 45 to 25 days, and the average time taken for approval of changes by a network of enterprises that are managed by the green channel has been reduced to 18 days。
Can a real name be delivered
In addition to the licensing system, which has been the subject of a focused discussion, the express delivery regulations drawn up by the national post office also focus on the registration of all couriers, delivery of names, inspection, etc。
Article 41 of the draft requires that “the state shall introduce a system of registration of express couriers ... And shall direct the full staff of the enterprise operating the express courier service to take up official duties”。
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