General Administration Of Customs On The Revision Of The People's Republic Of China Customs Of The Decisions Of The Management Of Bonded Logistics Park

Original Language Title: 海关总署关于修改《中华人民共和国海关对保税物流园区的管理办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700259019.shtml

General Administration of customs on the revision of the People's Republic of China Customs of the decisions of the management of bonded logistics park

    (March 15, 2010 the General Administration of customs, the 190th announced as of May 1, 2010) in order to regulate the management, Customs decides to include the People's Republic of China Customs bonded logistics park management policy (General Administration of customs, the 134th, hereinafter referred to as the methods) as follows:

    The seventh article of the way from the "import and export, including re-export" amended to read "international transit trade."

    This decision shall take effect on May 1, 2010.

    The measures under this decision be amended accordingly promulgated anew.

    Attachment: People's Republic of China Customs bonded logistics park management practices (revised 2010)

    (November 28, 2005 customs 134th publishing, March 15, 2010, released by the General Administration of customs, the 190th the Customs on modification of People's Republic of China Customs bonded logistics park management decisions, amendments)

    Chapter I General provisions

    First in order to standardize customs bonded logistics park and its incoming and outgoing goods, management of enterprises and their operation, bonded logistics park, according to the People's Republic of China Customs law and the provisions of relevant laws and administrative regulations, these measures are formulated.

    Article of bonded logistics park in these measures (hereinafter referred to as Park) is approved by the State Council, in the free trade zone set up within the planning area or the adjacent to the specific port free trade zone, specifically the development of modern logistics industry, special customs supervision zones.

    Article customs offices in the Park, in accordance with this approach, transport of goods to and from the Park tool, personal belongings and Park related sites 24-hour supervision.

    Fourth zone with People's Republic of China in other areas (hereinafter referred to as outside), gate, fence settings conform to the Customs supervising and managing requirement isolation facilities, video surveillance systems and other facilities required for customs control.

    Article fifth Park established within the warehouse, yard, checking sites and places of the necessary operational command and control operations, not industrial sites of production and processing facilities and commercial consumption. Customs, the Park Administration and management bodies, established in the zone of the enterprise (hereinafter referred to as enterprises in the zones) and other units of the Office should be set up in the Park area, Park Office area outside the fence.

    Security guard duty persons and related departments, enterprises, and other personnel shall not live in the Park.

    Sixth the General Administration of customs, in conjunction with relevant departments of the State Council to the article fourth, fifth paragraph of the relevant facilities and places upon the acceptance of, the Park can work on business.

    Article seventh zone can carry out the following operations:

    (A) import and export goods and other stores not completes the customs clearance of the goods;

    (B) the circulation of goods stored in simple processing and value-added services;

    (C) International entrepot trade;

    (D) international procurement, distribution and delivery;

    (E) international transfer;

    (Vi) inspection and maintenance;

    (VII) display;

    (VIII) other international logistics business and approved by the customs.

    Article eighth Park shall not engage in commercial retail, manufacturing, refurbishment, dismantling and other Park related business.

    Nineth under any of the following circumstances, enterprises in the zones should be written reports within the stipulated time the competent Customs offices and go through the relevant formalities:

    (A) force majeure and other disasters;

    (B) the Customs supervising and managing cargo was the Chief law enforcement or judicial authorities take coercive measures such as sealing up, distraining;

    (C) theft of goods under customs supervision;

    (D) other circumstances as stipulated by laws and administrative regulations.

    This time, paragraph (a) within 5 working days from the date of occurrence, (ii) to (iv) within 3 working days from the date of occurrence.

    Article tenth between the zones and zone access to goods under customs supervision, responsible customs may require the company to provide appropriate security.

    11th law and administrative regulations prohibit the import and export of goods, the goods may not enter the Park.

    Chapter II administration of customs of the enterprises in the Park 12th zone enterprises shall have the status of enterprise legal persons.

    Enterprises in the Park in front of the business, should be in accordance with the People's Republic of China Customs declaration entity registration regulations and regulations go through the registration formalities to the customs.

    Under special circumstances, authorized by subordinate customs approval, foreign corporations can legally set up branches in the zones.

    13th zone Enterprise shall satisfy the following conditions:

    (A) to customs ability to pay taxes and meet other statutory obligations;

    (B) has a special place in the Park.

    14th change of Park place area, address such matters, shall be submitted to the Customs office directly under the approved changes its name or organization, the nature, the legal representative, registered capital, registration, shall, within 5 working days after the change is reported directly under customs.

    Enterprises in the zones have changes other than the case of the preceding paragraph shall, in accordance with laws, administrative regulations, relevant provisions of the report to the responsible customs offices and go through the relevant formalities.

    15th article customs imposed on enterprises in the Park electronic records regulatory system and computer network management system.

    Park Administration or management bodies shall, under the guidance of customs through the "electronic port" established for customs, enterprises in the zones and other related departments in electronic data exchange and information sharing of computer public information platform.

    Enterprises in the zones conform to the Customs supervising and managing requirement management system should be established, providing for customs inspection data terminal equipment, in accordance with the customs regulations of authentication and data networking standards and customs.

    16th article Park enterprise should in accordance with People's Republic of China accounting method and the about legal, and administrative regulations of provides, specification financial management, set meet Customs regulatory requirements of books, and report, notebook enterprise of financial status and about access Park goods, and items of inventory, and transfer, and transfer, and sales, and simple processing, and using, situation, truthfully fill in about single card, and books, by legal, and effective of voucher accounting and accounting.

    Enterprises in the zones should be prepared monthly goods in and out, transfer and storage of tables and annual financial reports, and regularly submitted to competent Customs offices.

    Chapter III customs supervision of goods enter the zones

    Outside the zones and the first section between the incoming and outgoing goods control 17th article customs between the zones and outside into the filing system is adopted, a cargo management, park their duty-free import and international transit of goods or goods except as otherwise provided by law or administrative regulations.

    Foreign goods to Hong Kong enterprises in the zones (or their agents) can manifest the goods directly to the Park, and then present the record list of imported goods to the competent Customs offices handle the application formalities. Article 18th zones and outside between the incoming and outgoing goods shall be declared to the responsible customs offices.

    Park entry and exit ports is not responsible customs jurisdiction, approved by the responsible customs offices, customs declaration formalities in the port.

    Article 19th case within the Park access, secondary consolidation, such as international business, this business sends electronic manifest data to customs, enterprises in the zones to the responsible customs for suitcases, transportation, etc, with manifest and other documents for inward and outward declaration procedures.

    20th goods shipped overseas from the Park, except otherwise prescribed by laws and administrative regulations shall be exempted from export duties.

    Article 21st of the following goods, goods from abroad into the Park, to apply customs formalities:

    (A) the equipment needed for the Park's infrastructure construction projects, materials, etc;

    (Ii) operation of the enterprises in the zones for the desired machine, loading and unloading equipment, storage facilities, management of consumables, spare parts and repair of equipment and tools;

    (C) Park Administration and management bodies and enterprises in the zones use a reasonable amount of office supplies.

    22nd the following goods from abroad into the Park, be handled customs bonded procedures:

    (A) the operation of the enterprises in the zones for the goods and their packaging materials that you want;

    (B) the imported goods for processing trade;

    (C) re-exports of goods;

    (D) foreign goods stored temporarily;

    (V) serving international ships and aircraft materials, repair parts;

    (F) imported the consignment;

    (G) the entry inspection, repair the goods and spare parts;

    (VIII) look like order of the exhibits, samples;

    (IX) not general trade completes the customs formalities of goods;

    (J) approval of the customs of other imported goods.

    Article 23rd Park Administration and management bodies and enterprises in the zones imported from overseas for personal use vehicles, consumer products, according to the relevant provisions of general trade imports to the customs declaration procedures.

    Article 24th of goods transported between the zones and outside, not subject to import and export licensing administration, laws, administrative regulations, except as otherwise provided by the regulations.

    Section II of the Park and outside of the region between the incoming and outgoing goods control

    25th the zones and areas between the incoming and outgoing goods, received by the enterprises in the park or outside the region, the consignor (or their agents) in the responsible customs declaration formalities.

    Enterprises in the zones outside the region, engaged in import and export trade business and not actual access to the Park, you can charge, shipper local competent Customs Customs declaration formalities or the actual entry and exit ports.

    26th the zones outside the cargo area regarded as imported products, enterprises in the park or outside the consignee (or their agents) in accordance with the relevant provisions of the imported goods to the responsible customs declaration, customs in accordance with the goods out of the Park at the time of the actual regulation of the relevant regulations.
27th Park districts across the distribution of goods or goods of enterprises from other districts across the Park, to the responsible customs declaration formalities, or in accordance with the provisions of Customs transit customs formalities for import.

    28th in addition to laws, administrative regulations, rules and regulations may not be set to declare goods, enterprises in small quantities, number of incoming and outgoing cargo, approved by the responsible customs offices can centralized Declaration formalities, and each time the import and export of goods customs to receive the goods at the time of implementation of the Declaration of tax rates, exchange rate.

    Centralized Declaration for periods of not more than 1 month, and must not span more than handle. Article 29th deemed export of goods outside the area into the Park, by the enterprises in the park or outside the offerer (or their agents) to the responsible customs export declaration process.

    Belonging to the tariff shall be levied on the export of commodities, export tariffs in accordance with the relevant provisions of the Customs and goods belonging to the license management, which should include a valid export license issued by the customs, laws and administrative regulations, the provisions of regulations declared in the exit link submit export license exception.

    Export tax refund of export goods declaration form for issuance of certification procedures, in accordance with the following provisions:

    (A) from district outside into Park for Park enterprise carried out business of domestic goods and packaging material, by Park enterprise or district outside shipping people (or its agent) fill in export goods customs single, customs according to on export goods of about provides handle, issued export goods customs single proved joint; goods turned shut export of, shipment to customs in received Park competent customs confirmed turned shut goods has into Park of electronic receipt Hou, issued export goods customs single proved joint;

    (B) from outside the area into the park for Park Administration and management bodies and enterprises in the zones using domestic infrastructure materials, such as equipment, machinery, material handling equipment, management, of export goods by customs in accordance with the relevant regulations and issuing the export goods declaration to prove;

    (C) from outside the area into the park for Park Administration and management bodies and enterprises in the zones using consumer products, Office supplies, means of transport, Customs shall issue export cargo declarations prove;

    (D) from outside the area into the Park's imported goods, packaging materials, equipment, construction materials and other, external companies shall provide such goods or articles list to the customs, export of goods in accordance with the relevant provisions of the Declaration formalities, Customs shall issue export cargo declarations prove, the original tariffs, import value-added tax and consumption tax paid is not refundable.

    Article 30th from the Park to the area out of the deal, customs in accordance with the relevant provisions of the import of duty-free goods for processing. 31st article approved by the responsible customs offices, enterprises in the Park Office area special exhibition venues in the Park display activities.

    Display of goods shall be the responsible customs and subject to customs control.

    Enterprises in the zones outside the region, commodity exhibition activities of other places should, mutatis mutandis, of temporarily imported goods under the customs registration procedures.

    Article 32nd Park Administration and management bodies and Park use machines, equipment, and office supplies, need to be transported to the area outside the testing and maintenance shall submit an application to the competent Customs offices, approved by the responsible customs offices, registration can be shipped outside the region. Article 33rd destined for outside inspection and maintenance of machinery, equipment and supplies shall remain outside the zone in use, and carry out within 60 days from the date returned to the Park.

    Due to special circumstances cannot be transported back, Park Administration and management bodies and enterprises in the zones should be before the expiration in the 10th, to apply for an extension in writing to the competent Customs offices, extended periods of not more than 30th. Article 34th returned to Park completion of inspection and maintenance of machines, equipment and so on should be original.

    Replacement of spare parts or accessories and original spare parts or accessories shall be transported back to the Park.

    Outside the region, to replace the domestic spare parts or accessories, as needed tax rebates, applied for by the enterprises in the park or outside the enterprise, responsible customs offices in accordance with the relevant provisions of export goods, and export cargo declarations prove that.

    35th district primary import goods transported or exported goods need to be transported may not exit or enter the Park after Park store.

    According to the goods compensated at no cost for replacement of imported goods outside the area, stayed outside the region, are not transported out of the country, are not allowed in the Park.

    Section III supervision of cargo in the Park Article 36th goods can circulate freely in the Park.

    Enterprises in the transfer of goods, transfer of the goods should be the specific name, quantity, price and other related matters to the Customs electronic data record, and after the transfer, transferred to the customs formalities.

    37th without the responsible customs, goods stored by the enterprises in the Park shall not mortgage, pledge, Lien, diversion or other disposition.

    Duty-free access to the Park, in accordance with article 21st of this approach the cargo, the goods, apply the provisions of the preceding paragraph of this article.

    Article 38th Park business can be flow of goods stored in simple processing and value-added services, including classification, dismantling and sorting out, packaging, measurement, combination packaging, films, combined with brush marks, pasting labels, change the packaging, assembling, and other auxiliary operations of commercial value. 39th maintenance within the park business should have the status of enterprise legal persons and registered in the competent Customs offices.

    Parks maintenance products and spare parts only from outside, after the inspection and maintenance of the product, the replacement of spare parts and maintenance of material shall be transported out of the process. 40th Park since the date of business enterprises shall annually to the responsible customs reporting formalities. Responsible customs acceptance report shall be applied for from the date of approval in the 30th.

    Business-related account books and original data shall be kept for at least 3 years from the date of the end of the nuclear. 41st article into Park of domestic export goods yet handle rebate procedures of, for quality or specifications reasons need returned export Enterprise Shi, Park enterprise should in goods declared into Park of day up 1 years within proposed application, and provides export enterprise location competent tax sector issued of not handle export rebate proved, by Park competent customs approved Hou, can handle back shipped procedures, and without paid imports tariff, and imports link VAT and consumption tax; Customs has levy export tariff of, should be returned.

    Goods in transit way into the Park, Park enterprises issued by the customs of departure after return form, responsible customs related formalities.

    Without a simple processing for circulation of imported goods, be undisturbed transported, enterprises can contribute to competent Customs offices to apply for return procedures.

    Export refund the goods or have simple processing for circulation of goods (including import) If you need to return, in accordance with the relevant provisions of the customs procedures for import and export goods. 42nd in addition to simple processing for circulation of goods, goods entering the park outside, conformity of the quality, specifications and other reasons, need to replaced the original return export enterprises, enterprises in the zones in the goods declaration should be responsible, within 1 year from the date of entering the Park apply for return of customs formalities.

    Customs in accordance with the People's Republic of China Customs import and export management of tax regulations.

    If the goods replaced is when you enter the Park, can be exempted for export license shall be exempted from export duties, Customs shall issue export cargo declarations prove that. 43rd enterprises the need for dangerous chemicals and inflammable and explosive materials storage business shall be obtained for safety management, fire protection, environmental protection and other related departments of the administrative licensing, and reported to the responsible customs.

    About tanks, fittings, equipment and other facilities must conform to the Customs supervising and managing requirement.

    Enter the zones of the goods through the pipeline, should be equipped with measuring and testing devices and other easy customs control facilities and equipment.

    44th subject to provisions of laws and administrative regulations shall renounce their goods, enterprises can apply for giving up the goods. Give up the goods by the responsible customs and sold off, selling income by the customs in accordance with the relevant provisions. After legally sells off enterprises by giving up the goods application and responsible extraction and sale of the goods for the customs documents for the verification procedures; certainly no use cannot be sold and approved by the customs, by enterprises themselves and the responsible customs directly for verification.

    Required before giving up the goods at customs and sold off the warehousing costs, borne by the enterprises themselves. Should be destroyed in accordance with regulations of abandoned goods, the enterprise is responsible for the destruction, responsible customs offices can be the costs of supervision.

    Responsible customs documents for the verification procedures by the competent departments. 45th Park is due to force majeure, goods damaged, destroyed or lost, enterprises shall promptly report in writing the competent Customs offices, state the reasons and provide proof of insurance, Department for disaster-related.

    After confirmation by the responsible customs offices to verify, in accordance with the following provisions:

    (A) the loss of the goods, or, having lost but not lost value, write-offs and tax formalities to the customs; (B) the imported goods damaged, destroyed, lose their original use value but can be reused, enterprises in the zones can return formalities to competent Customs offices.

    If it is not transported and shipped to outside the region, make an application by enterprises in the zones, and approved by the responsible customs offices, according to the affected tax valuation, the value of the goods shipped outside the Park;

    (C) the area outside Park goods damaged, destroyed, lose their original use value but can be reused, and returned to the exporters, can be returned to damaged goods of the same description, specifications, quantity and price of the goods and to the responsible customs for return procedures.

    Need to return to the area, such as belonging to not export refund procedures, to competent Customs offices for the return procedures; the case for export tax refund formalities, in accordance with subsection (b) of item shipped outside the region of imported goods regulations.

    Article 46th due to improper storage and other force majeure causes damage, damaged, destroyed or lost, in accordance with the following provisions:
(A) of goods from abroad into the Park, Park enterprises shall, in accordance with the General provisions of the import trade, to customs when the goods enter the Park to accept notification of applicable tax rates, exchange rates, by law to pay damages, the customs value of the lost goods tariffs, import value-added tax and consumption tax;

    (B) for goods from outside the area into the Park, Park enterprises shall refund the money paid for export and domestic areas in relation to tax, customs basis for cancellation.

    47th Park does not have the storage duration.

    Fourth section the zones and other special customs supervision of goods travel between the zones, bonded areas supervisory 48th article customs zones and special customs supervision areas or exchanges of goods between bonded areas and continue to apply the bonded, not issuing the export goods declaration to prove.

    But goods are never implemented domestic cargo area (warehouse) link the export rebate system of the special customs supervision zones or bonded areas into parks, in accordance with the relevant provisions of declarations of actual departure, by transferring export goods declaration to the Customs certification.

    49th other special customs supervision zones and regional, trade and circulation of goods between bonded areas shall not impose import and export links and internal circulation taxes.

    The fourth chapter enter the zones of transport equipment and cargo, the goods carried by staff regulation

    50th transport equipment and personnel should be private channel to enter the zones designated by the customs. 51st to parks and other ports, special customs supervision zones or bonded areas between the incoming and outgoing goods and means of transport shall be approved by the customs or the carrier.

    The carrier shall comply with the customs regulations relating to means of transport and the goods contained therein. 52nd non-special customs supervision zones and areas or the exchange of goods between bonded areas, companies can use other non-customs-supervised vehicle carriers.

    Carriage Park passages for vehicles should be registered with the Customs for customs inspection, the goods and the carrier vehicle inspection.

    53rd when the following goods in and out of the Park, in accordance with the provisions of customs related formalities and approved by the responsible customs inspection, can be used by enterprises in the zones assigned to carry or own transport:

    (A) the value of up to $ 10,000 and small;

    (B) not qualified due to quality of goods shipped outside the region returned;

    (C) the formalities for import of goods;

    (D) the enterprise does not require refund of the goods;

    (E) other customs-approved goods.

    The fifth chapter by-laws 54th except as otherwise provided in the international transit of goods and other goods, from outside into the garden goods and goods shipped overseas from the Park include customs import and export statistics.

    From the ship out into the Park and from outside the Park to the area of goods, included in customs item statistics.

    Transfer, the transfer of goods between enterprises in the Park, as well as parks and other special customs supervision areas or exchanges of goods between bonded areas, is not included in the customs statistics.

    55th article of the way the meaning of the following terms:

    Park Office area, refers to the Park Administration or its management bodies within the park planning area, net foreign investment to establish, for use by customs, enterprises and other relevant agencies has offices, places of business, customs declaration, commodity display and other functions.

    LCL, refers to the international container transshipment cargo shipment from abroad, stored in the port by the enterprises in the Park during liquidity separately according to the consignor orders simple processing and value-added services, or port of the host country and other import or export goods regrouped after the LCL, shipping concentrate shipped overseas again the same purpose of logistics activities in Hong Kong.

    Core libraries, refer to apply to inventory actual inventory by the customs, and customs and business e-books in and out, transfer and storage of data for comparison of behaviour.

    Special customs supervision zones, refers to the State Council approved the establishment of the free trade zone, export processing zones, parks, bonded port areas and other special areas.

    Bonded areas, refers to the approval of the customs bonded logistics centre (a, b), bonded warehouse, export supervised warehouses and other bonded areas.

    56th article violates these rules, constitute an act of smuggling or violation of customs regulations, customs, in accordance with the People's Republic of China Customs law and the People's Republic of China for customs administrative punishment regulation on the implementation of the relevant provisions of the processed constitutes a crime, criminal responsibility shall be investigated according to law.

    57th interpret this approach by the General Administration of customs. 58th article this way come into force on January 1, 2006.