People's Republic Of China Customs Declaration Entity Registration Regulations

Original Language Title: 中华人民共和国海关报关单位注册登记管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398538.shtml

People's Republic of China Customs declaration entity registration regulations

    (March 13, 2014 the General Administration of Customs announced order No. 221, come into force on the date of promulgation) Chapter I General provisions

    First in order to regulate customs declaration entity registration administration, in accordance with the People's Republic of China Customs law (hereinafter referred to as the Customs Act) as well as other relevant laws and regulations, this provision is enacted.

    Article People's Republic of China Customs is the administration of registration of customs authorities.

Article III declarations unit of customs clearance operations shall comply with the relevant national legal provisions, administrative regulations and Department rules, bear the corresponding legal responsibility.

    Declaration unit on their customs declaration shall bear the corresponding legal responsibility.

    Fourth in addition to laws, administrative regulations or otherwise prescribed by the customs rules, through the customs declaration, customs registration should be in accordance with these regulations.

Article fifth Declaration registration into the Declaration enterprise registration and registration of the consignor or consignee of import and export goods.

Directly under the location of the customs broker shall be subject to customs or its authorized subordination customs registration, with the permission of customs clearance business.

Import and export cargo to receive consignor can go directly to the local customs registration.

Customs unit shall submit to the register before June 30 of each year the customs declaration entity annual report of registration information.

Declaration unit personnel engaged in customs operations, customs unit should be to the completion of customs formalities, Customs shall issue certified.

    Declaration unit can go through the registration procedures while handling their respective customs records.

Sixth article import and export cargo to receive consignor shall by Customs officers of customs clearance operations of the units, or entrust the customs registration registration customs broker, customs broker is a member of the staff to handle the customs declaration services.

    Customs declaration customs operations and the practice of Customs officers to the public.

    Article seventh in customs registration customs unit, and again submit a registration application to the customs, customs is not admissible.

    Chapter II registration of declaration enterprises

Eighth article Declaration Enterprise shall satisfy the following conditions:

(A) possess the qualifications of enterprise legal persons in the territory;

(B) the legal representative has no record of smuggling;

(C) No smuggling violation revoked by the customs registration records;

(D) in line with the fixed premises and facilities necessary for customs clearance services;

    (V) other conditions required under the customs supervision.

Section Nineth Declaration enterprise registration, shall submit the following documents:

(A) of the customs declaration form;

(B) the copy of the copy of the business license and organization code certificate copy;

(C) customs clearance services business site proof of ownership or the right to prove that;

(D) other material associated with the application for registration.

    Copy of applicant submitted in accordance with the first paragraph of this article, shall also submit to the Customs the original.

Article submission of his application the applicant shall submit an application to the local customs and registration materials.

    Customs places should be announced to accept the application.

11th applicant may authorize an agent to apply for registration.

    Authorized agent of the applicant on whose behalf the application, it shall issue a power of attorney.

12th put forward by the applicant to the application, the Customs should be dealt with separately according to the following conditions:

(A) the applicant does not have a customs broker registration eligibility, decisions should be made inadmissible;

(B) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or after receipt of application materials within the 5th time inform all applicants need to correct the content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

(C) application materials there is only text or technical errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot, and be signed by the applicant for correction confirmation;

    (D) the application materials are complete and comply with the statutory format, or the applicant of all the corrections in accordance with customs requirements application materials, shall accept the Declaration enterprise registration applications, and make a decision on admissibility.

Seat of the 13th article customs accept applications, should undertake a comprehensive review in accordance with the statutory conditions and procedures, and in accepting an application for registration within 20th of this review has been completed.

Customs is not authorized under the customs registration, should local customs review submitted comments received within 20th day of decision.

    Customs authorized under the customs registration, under the Customs shall accept or receive local customs to submit decisions on the review date in the 20th.

Article 14th applicant's application in accordance with the statutory requirements, the Customs shall make a decision on the registration written decision, and served on the applicant and issued by the People's Republic of China Customs certificate of registration.

    Applicant's application does not meet the statutory requirements, the Customs shall not grant the registration written decision and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

15th article Declaration Enterprise obtaining registration outside the subordinate customs declaration service, it shall set up branches, and branches of local customs.

Customs Broker in obtaining registration within the customs service of the subordinate customs, you can set up branches, and branches of local customs. Customs branches can record the customs clearance area within the customs service.

Record customs under the customs, customs branches can record belongs to subordinate customs the customs area within the customs service.

    Customs Broker liable for the behavior of their branches.

16th article Declaration enterprise to establish branch offices shall submit to the branch office where the Customs the following record:

(A) of the customs declaration form;

(B) the Declaration enterprise the People's Republic of China Customs declaration entity registration certificate copy;

(C) the branch copies of copies of copies of business license and organization code certificate;

(D) the customs service sites copy of proof of ownership or right to use a copy of proof;

(V) Customs and other records required by the material.

Copy of applicant submitted in accordance with the first paragraph of this article, shall also submit to the Customs the original.

    The review of compliance with filing conditions, customs should be issued by the People's Republic of China Customs certificate of registration. 17th article Declaration enterprise registration period is 2 years.

The licensee needs to extend the registration period, continuation should go through the registration formalities.

    The Declaration enterprise branch offices filing is valid for 2 years, the Declaration enterprise branch offices shall, in the 30th before the expiry of the prescribed materials to 16th article branch place of completion of customs formalities for the issuance.

Article 18th declaration changed the company name, the legal representative of the enterprise, should be held on the customs declaration form and the People's Republic of China Customs declaration entity registration certificate, change of the business license or other approval documents and copies, in writing to the registration to apply for alteration registration.

The Declaration Enterprise Branch Office Enterprise name, Enterprise, Enterprise, head of customs, such as change of residence, should enter into force from the date of the 30th, of the modified copy of the business license or other approval documents and copies, to local customs procedures.

    Respective Customs officers for the record contents changed, customs broker and its branches shall change occurred within 30th of, changes to customs documents and other related materials to register change procedures. Article 19th licensee apply for change of registration, registered in the Customs refer to registration procedures should be reviewed.

Review meets the conditions for registration should be to approve the change in the decision, as well as registration information change.

    Review does not meet the conditions for registration, the Customs shall not alter the registration. 20th article Declaration enterprise registration continues formalities, shall, on the expiration of 40 days to apply to the customs, and submitted to the first paragraph of this article Nineth part (a) to (d) provision of documents and materials.

In accordance with the customs regulations submitted copies, you should also submit the original.

Customs permit continuation of registration of enterprises should be carried out at the same time apply for renewal of the People's Republic of China Customs certificate of registration procedures.

    Customs Broker is not in accordance with the time limits specified in the first paragraph of this article of renewal application, customs no longer accept their registration renewal application. 21st article customs must refer to the registration procedures in the customs broker the renewal application before the expiry review.

The determines compliance with conditions of registration, as well as legal and administrative regulations, the customs rules provide for continuation of registration subject to the other conditions, it shall make a decision on decisions of the continuing validity of 2 years. Customs should be made before the expiry of the registration decision on whether to approve the extension.

Has not yet made a decision on the expiry of the validity period, considered to approve the extension, Customs shall conduct registration for the extension procedure.

    No longer registered by the Customs to permit conditions, or does not comply with the laws and administrative regulations, the customs rules provide for continuation of registration subject to the other conditions of the Declaration enterprise, not to continue the registration.

Of the 22nd under any of the following circumstances, Customs shall cancellation of registration:

(A) not to seek an extension of the expiry;

(B) the Declaration Enterprise terminated according to law;

(C) the registration law is revoked, withdrawn, or registration licenses revoked according to law;

(D) the registration cannot be implemented due to force majeure;

(E) the provisions of laws and administrative regulations shall be revoked the registration of other cases.

    According to the provisions of the first paragraph of this article the Customs cancellation of customs registration of enterprises, should at the same time to remove the Declaration enterprise to all branches.
Chapter III import and export cargo consignor registration

    23rd article import and export cargo to receive consignor shall comply with the requirements to local customs declaration entity registration formalities.

    Consignor or consignee of import and export goods in customs registration in People's Republic of China within the Customs port or customs regulation focus on the place where the business of customs operations.

24th article import and export cargo to receive consignor who apply for registration, shall submit the following documentation, except as otherwise provided:

(A) of the customs declaration form;

(B) the copies of copies of copies of business license and organization code certificate;

(C) copies of foreign trade operator registration form or foreign-invested enterprises (Taiwan, Macao and overseas Chinese investment companies) the approval certificate;

(D) other registration-related documents and materials.

    Copy of applicant submitted in accordance with the first paragraph of this article, shall also submit to the Customs the original. Article 25th customs to check the application for registration materials.

    After checking the application materials are complete and comply with the statutory format, should be issued by the People's Republic of China Customs certificate of registration.

    Article 26th unless otherwise prescribed by the customs, import and export cargo consignor of the People's Republic of China Customs declaration entity registration certificate of standing.

27th has not obtained the foreign trade operator registration form the following units, in accordance with the relevant provisions of the State need to be engaged in non-trade import and export activities, temporary registration formalities should be:

(A) foreign companies, news, financial and trade institutions, cultural groups and other representative offices set up in China according to law;

(B) a small amount of samples into or out of the unit;

(C) State agencies, schools, research institutes and other organizations;

(D) Provisional donations, gifts, and international assistance unit;

    (E) other units engaged in non-trade import and export. Temporary registration in the 28th article before reporting to customs, shall be to the local customs formalities.

    Special cases to be exit ports or customs supervising and managing business customs formalities.

    Article 29th temporary registration shall bring the issue of delegated or authorization certificate and evidence of sufficient non-trade activities.

Article 30th temporary registration, Customs may issue a temporary registration certificate, but not be issued registration certificate.

Temporary registration valid for up to 1 year after the expiration should be re-registration procedures for provisional registration.

    Already go through the customs registration of the consignor or consignee of import and export goods, the Customs shall not apply for provisional registration.

31st article import and export cargo consignor name, nature of business, domicile, legal representative of the enterprise (or responsible person) the customs registration registration content changes, should enter into force from the date of the 30th, of the modified copy of the business license or other approval documents as well as copies of registered customs change.

    Respective Customs change, import and export cargo to receive consignor shall from the date of the change in the 30th, change documents, and other related materials to register customs change. 32nd article import and export cargo to receive consignor who has any of the following circumstances, shall be made in writing to the registration cancellation of customs formalities.

Settles for the customs formalities, it shall cancel the registration formalities.

(A) bankruptcy, dissolution, voluntarily gave up the right or division into two or more new businesses;

(B) revoked by the industrial and commercial administration authorities to cancel the registration or license;

(C) loss of ability to assume responsibility independently;

(D) foreign trade operator registration form or the failure of the foreign-invested Enterprise approval certificate;

(E) other circumstances that warrant the cancellation of registration according to law.

    Import goods or goods not in accordance with the first paragraph of this article of registration cancellation procedures, customs can handle the relevant procedures, cancellation of its registration in accordance with law.

    The fourth chapter management of customs units

    Article 33rd inquiries with the customs declaration entity has the right to take care of customs clearance operations. 34th article customs must keep the registration certificate issued by the Customs and other related documents.

Lost, the customs broker shall promptly report in writing to the Customs and explained the situation. Customs shall from the date of receipt of the note related documents be issued retrospectively in the 20th.

    Loss of registration certificates and other relevant supporting documents during the replacement period is still in force, customs units can handle customs clearance business.

35th customs unit paper import and export declarations to the Customs the Customs seal shall be affixed to the unit.

Customs seal shall, according to the General Administration of customs uniform requirements of the engraving.

Special seal for customs declarations of the enterprise and its subsidiaries only in its registration or filing of the subordinate customs used in the region.

    Special seal for import and export cargo to receive consignor's declaration can be used throughout the customs territory.

    36th customs unit at the time of registration business, should be submitted by the application and fill in the information to be responsible for the authenticity of the content and assume legal responsibility. 37th article customs legally to customs units engaged in customs clearance activities and site supervision and checks on the ground, check out or ask customs units to submit relevant materials according to law.

    Declaration unit shall cooperate with and provide relevant information and materials.

38th article customs declaration customs declaration error that appears to be record in the business, and announced a record query.

Customs declaration error record object, from the date of declaration error log to record the customs in the 15th to apply in writing for a review.

    Customs shall, from the date of receipt of a written request within 15th review records errors to be corrected.

    The fifth chapter by-laws

    39th customs units, customs officers in violation of the provisions of article, constituting smuggling, in violation of customs regulations or other acts in violation of the Customs Act, by the customs in accordance with the Customs Act and the People's Republic of China Customs administrative penalty be dealt with implementation of the relevant provisions of the Ordinance constitutes a crime, criminal responsibility shall be investigated according to law.

40th customs unit, one of the following circumstances, Customs shall warn, ordered to correct, may be fined a maximum of 10,000 Yuan:

(A) customs declaration company name, nature of business, domicile, legal representative of the enterprise (or responsible person) the customs registration registration content changes, failing to go through the formalities change procedures;

    (B) to submit to the customs of concealing facts, fraud in the registration information.

    41st of the People's Republic of China Customs declaration entity registration certificate, the customs unit registration form, annual report of the customs registration information and other legal instruments, as well as rich text, published by the Customs General Administration separately.

    42nd term working days provided for in these provisions, not including statutory holidays and rest days.

43rd in these provisions, the following terms mean:

Customs units is in accordance with the provisions of customs registration customs broker and consignor or consignee of import and export goods.

Customs Broker, is in accordance with the provisions of the customs registration registration of import and export cargo to receive consignor's request, on behalf of the client or in their own name, to the customs clearance business, engaged in the service of People's Republic of China Customs territory of enterprise.

Import and export cargo to receive consignor who refers to directly import or export of goods of People's Republic of China Customs territory of legal persons, other organizations or individuals.

Customs officers, refers to the customs declaration entity specifically responsible for the Organization of customs operations personnel.

    Customs declaration error rate, refers to the unit are recorded customs declaration errors total number of dividing declare their percentage of the total number in the same period.

Special 44th article customs supervision within enterprises can apply for registration as special supervision both enterprises, customs in accordance with the relevant provisions of the Declaration enterprise registration formalities.

Special supervision both enterprises in special customs supervision in the import and export cargo to receive consignor and the Declaration Enterprise dual identity, only outside of the special customs supervision zones have customs broker status.

    In addition to special customs supervision both enterprises, customs units shall not at the same time in the customs registration registration for import and export cargo to receive consignor and customs broker.

    45th article of the provisions interpreted by the General Administration of customs. 46th article of the regulations come into force on the date of promulgation. March 31, 2005, released by the General Administration of customs, the 127th of the People's Republic of China Customs declaration entity registration regulations repealed at the same time.