An international postal parcel from China (China Post, EMS) was lost or damaged: how much does the post office pay, and by when must you enquire?
Do not apply a three-times-postage cap to every international postal or EMS service. First identify the product and its compensation rules: Article 45 of China's Postal Law separates universal postal services from other services. For registered items covered by Article 47, an item with declared value that is lost or fully destroyed is paid at the declared value; an item without declared value is paid for the actual loss, capped at 3 times the postage paid. But the cap cannot be relied on where the loss was caused intentionally or by gross negligence of the postal operator, or where the operator did not give the required clear notice of the rule. For international mail covered by Article 49, enquire within 180 days of posting with the receipt; deadlines for EMS and other commercial products follow their own terms and are checked separately. Work it out with the product name, waybill terms and posting date in hand.
- Applies to
- Sellers who ship overseas orders through China Post international small packets, EMS and other postal services. Private couriers and logistics firms are not covered by this rule; check your contract with them.
Rules at a glance (registered items covered by Article 47)
| Situation | Compensation | Source |
|---|---|---|
| Identify the product first | Universal postal services and other services follow different rules; there is no single standard for every international product | Postal Law Art. 45 |
| Declared-value item lost or fully destroyed | Declared value | Art. 47(1) |
| Declared-value item partly damaged or short | Actual loss, in proportion of declared value to full value | Same |
| Item without declared value lost, damaged or short | Actual loss, capped at 3 times the postage paid | Art. 47(2) |
| When the cap does not apply | Loss caused intentionally or by gross negligence of the operator; or the rule was not clearly displayed at the counter and on the receipt | Art. 47, final paragraph |
| Not paid | Force majeure (except declared-value items); nature of the goods or normal wastage; fault of sender or recipient | Art. 48 |
| Enquiry deadlines | International mail covered by Art. 49: enquire within 180 days of posting with the receipt; the operator answers within 60 days of the enquiry; if not found when that period ends, paid under Art. 47; no enquiry or claim in time means no liability. Deadlines for EMS and other commercial products are checked separately | Art. 49 |
Text: Postal Law of the People's Republic of China (Hunan Department of Justice), Jiangsu Postal Administration copy
Illustration only: assume your product is covered by Article 47 and nothing (such as gross negligence) lifts the cap. Goods worth *¥300.0*, postage *¥60.0*, no declared value, lost: the cap is 3 × 60 = *¥180.0*.
What you can do yourself
- Before posting, check the product name and the compensation terms on the waybill; ask whether a declared-value service exists, its rate and its limit.
- If the goods are worth several times the postage, consider declaring the real value.
- Keep the receipt, tracking number and posting date; take a photo.
- When a buyer says nothing arrived, check tracking at once: for mail covered by Article 49, the 180 days run from the posting date, not from the complaint.
- File an enquiry at the posting counter or postal customer service; for mail covered by Article 49, if the item is still not found after the 60-day answer period, claim under the terms.
- The platform's refund to the buyer and the post office's compensation to you are separate; handle them separately.
When to use a licensed professional
- A lawyer, for large losses, a refusal to pay, or where you believe there was intent, gross negligence or no proper notice.
Check before you pay, and warning signs
- Anyone charging to "handle postal claims with full payout guaranteed": check whether their basis fits your product and situation.
- Declared-value rates and limits are those posted by the postal operator at the time of posting; ask before paying.
Unknowns
- The contract terms for EMS and each international small-packet product were not obtained one by one.
- We did not find a single international compensation table covering these products.
- The compensation articles of the current Universal Postal Convention were not checked item by item.
Contact us