Provisions On Administration Of Entry-Exit Inspection And Quarantine Agency Inspection

Original Language Title: 出入境检验检疫代理报检管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700258982.shtml

Provisions on administration of entry-exit inspection and quarantine Agency inspection

    (March 30, 2010 the State General Administration of quality supervision, inspection and quarantine, the 128th announced as of June 1, 2010) Chapter I General provisions

    First article for strengthening on agent reported check enterprise of supervision management, specification agent reported check behavior, according to People's Republic of China administrative license method, and People's Republic of China import and export commodity test method and implementation Ordinance, and People's Republic of China inbound and outbound flora and fauna quarantine method and implementation Ordinance, and People's Republic of China border health quarantine method and implementation rules, and People's Republic of China food security method and implementation Ordinance, legal regulations of provides, developed this provides.

    Provisions of this article applicable to Agency inspection business registration and supervision and management.

    Report agency enterprises in these rules refers to be registered with the inspection and quarantine authorities after registration and accept the entry and exit of the consignor (hereinafter referred to as the client) commissioned for principal Inspection Agency inspection business in the territory of the enterprise.

    Third State administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) in charge of the national quarantine management.

    Directly under AQSIQ is located in various parts of the entry-exit inspection and Quarantine Bureau (hereinafter referred to as the inspection and Quarantine Bureau) responsible for the decisions of the regional Agency inspection business registration.

    The inspection and Quarantine Bureau and its branches (hereinafter referred to as inspection and quarantine institutions) in accordance with the Division of responsibilities, be responsible to the regional Agency inspection of enterprise registration applications, examine and quarantine supervision and administration of enterprises. Fourth report agency enterprise should be registered by the inspection and quarantine authorities.

    Without Agency inspection business registration shall not be engaged in the inspection business.

    Quarantine can be registered in the register of enterprises within the Bureau of inspection and quarantine area engaged in the inspection business.

    Article fifth delegate Agency inspection business accepts trustee shall, within the scope of authority of the principal Agency inspection operations, and to verify the authenticity of the information provided by the client.

    Agency inspection enterprises should standardize the enterprise inspection and Quarantine Act and shall be liable to inspection and quarantine.

    Chapter II Agency inspection business registration

    First application and acceptance

    The sixth application report agency enterprise registered enterprises (hereinafter applicant) shall satisfy the following conditions:

    (A) obtained the business license issued by the administrative departments for industry and Commerce;

    (B) the enterprise license with registered capital of RMB 1 million or more;

    (C) have a fixed place of business, and other Agency inspection services facilities;

    (D) have a sound internal management system;

    (E) not less than 5 members made the inspection certificate of inspection to be appointed.

    Agency inspection the branch to his applying for business registration, shall obtain a business license, the conditions required in third, forth in the preceding paragraph, and the company registered capital of more than 1 million Yuan.

    Article business license should be stated by the applicant has his domicile, inspection and quarantine Agency (hereinafter referred to as the Organization) applications and submit the following materials:

    (A) quarantine application for business registration;

    (B) the copy of the business license; branch in their own name, you also need to submit a copy of the business license, head office a power of Attorney;

    (C) the copy of the certificate of organization code;

    (D) the proposed inspection copies of the inspection certificate;

    (E) the Agency inspection Enterprise labor contract with the proposed inspection;

    (Vi) copies of articles;

    (VII) business site proof of ownership or lease proof;

    (VIII) the applicant's seal impression.

    The materials submitted by the applicant should be stamped with the company seal and submit copy shall also submit the original.

    Article eighth body after receiving a registration request, made according to the following circumstances:

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

    (B) application materials only errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot;

    (C) the application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, shall be admissible.

    Acceptance of the application, an accepting institution shall issue to the applicant formulated by the State administration of quality supervision of administrative Licensing application decision instruments.

    Section II reviews and decisions

    Nineth, an accepting institution shall, in accordance with the statutory conditions and procedures for the review of applications accepted and assigned more staff on the substance of the application materials for on-site verification.

    Branch Office accepting applications, preliminary review comments and all application materials should be submitted to the inspection and Quarantine Bureau. Tenth entry inspection and Quarantine Bureau shall from the date of acceptance of the application in the 20th to approve the decision to or not to register.

    Cannot make a decision on 20th and approved by the head of the inspection and Quarantine Bureau, you can extend the 10th, and will inform the applicant in writing of the reasons for the extension.

    11th granted registration, inspection and Quarantine Bureau shall make a decision in writing to the applicant within 10th of issuing the quarantine certificate of business registration (hereinafter referred to as the certificate of registration).

    No registration, issue a written decision of not registering, giving reasons, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The registration certificate is valid for 4 years.

    Achieved the certificate of registration of the 12th article of the Agency inspection company, upon completion of the following acts, provisions can be used at Inspection Agency inspection body within the service area of business:

    (A) the proposed inspection registered with the inspection and quarantine agency for inspection;

    (B) the seal Special seal and Agency inspection to the inspection and quarantine agency records.

    Section III the change and cancellation 13th report agency business name, address, legal representative, person in charge and business scope of the enterprise and other significant matters changed, shall from the date of change in the 30th with business licenses and other relevant documents to the inspection and Quarantine Bureau application changes.

    Changes with regard to the particulars of the registration certificate, the inspection and quarantine authority shall issue a new card.

    14th under any of the following circumstances, the inspection and Quarantine Bureau according to the request of the interested party or ex officio, may revoke the Agency inspection business registration:

    (A) the inspection and quarantine of personnel who abuse their powers, neglect their duties to grant registration decision;

    (B) beyond the statutory authority to approve the registration decision;

    (C) the violation of legal procedures to approve the registration decision;

    (D) is not eligible or registered by an applicant who does not meet the statutory requirements for registration;

    (E) may revoke the registration of the other cases in accordance with law.

    Agency inspection companies to deception, bribery or other improper means to obtain registration, shall be revoked.

    15th under any of the following circumstances, the inspection and Quarantine Bureau shall handle the registration of the cancellation:

    (A) terminate Agency Inspection Agency inspection enterprise business;

    (B) termination of Agency inspection according to law;

    (C) the Agency inspection organization code changes;

    (D) the registration is revoked, withdrawn, or the registration certificate is revoked;

    (E) other laws and regulations administrative license shall be revoked.

    Registration cancelled Agency inspection enterprises, should be returned to the registration certificate and the certificate of inspection.

    Chapter III Agency inspection

    16th report agency enterprises can apply for the following quarantine operations:

    (A) for the inspection procedures;

    (B) pay a fee for inspection and quarantine;

    (C) to contact and cooperate with the inspection and quarantine authorities carry out the inspection and quarantine;

    (D) receiving inspection and quarantine certificate.

    17th report agency business entrusted to inspection procedures, inspection instructions shall be submitted to the inspection and quarantine authorities.

    Inspection instructions shall specify the matters entrusted and sealed by the principal and the agent business seal of inspection and quarantine.

    18th report Agency inspection on the implementation of the Agency inspection clients ' commercial secrets confidential.

    19th report agency enterprise shall not lend its name in any form for others to handle Agency inspection business.

    20th report Agency inspection inspection and quarantine fees disclosure should be the principal shall not borrow on behalf of the inspection and quarantine authorities to charge clients.

    Inspection and quarantine fees indicated on the receipt of payment shall be the principal.

    Supervision and administration of the fourth chapter

    21st inspection and quarantine agencies in accordance with the needs of Agency Inspection Agency inspection of business activities carried out supervision and inspection, quarantine shall cooperate with enterprises. 22nd every 2 years on inspection and quarantine institutions implement a routine Agency inspection enterprises system.

    Agency inspection enterprises shall audit from March 1 to March 31 of the year to local inspection and quarantine institutions to apply for routine audits, the last two years of the routine audit report.

    The main contents of the routine audit reports include: Agency inspection enterprise's basic information, compliance with the inspection and quarantine laws and regulations, inspection information and changes, Agency inspection operations and analysis, inspection errors and causes, self-assessments, and more.

    23rd inspection and quarantine authorities should be completed by May 31 of the year in Agency inspection routine audit of enterprises.

    24th according to the State administration of quality supervision inspection and quarantine provisions relating to credit management system, Agency inspection Enterprise taxonomies.

    Agency inspection companies and are subject to administrative penalties for offences, the inspection and quarantine agencies could be included in the list of unlawful enterprises, and to the public.

    25th report agency enterprises shall, in accordance with the requirements of the inspection and quarantine agencies establish and improve quarantine operations files, true records of its contractors the Agency inspection operations.

    Report agency business report agency business record-keeping for a period of 4 years.

    The fifth chapter legal liability

    26th article agent reported check enterprise not truthfully provides import and export commodity of real situation, made test quarantine institutions of about card single, or on statutory test of import and export commodity not reported check, escape import and export commodity test of, by test quarantine institutions according to People's Republic of China import and export commodity test method implementation Ordinance 48th article of provides confiscated illegal proceeds, and at commodity goods value amount 5% above 20% following fine; plot serious of, and revoked its reported check registered registration.

    27th report agency enterprises that violate the provisions of article disturbing the quarantine order, any of the following acts, the inspection and quarantine agencies in accordance with the People's Republic of China import and export commodity inspection law article 58th of the implementing regulations shall be ordered to correct, confiscate the illegal income, and may be fined a maximum of 100,000 yuan to suspend the Agency inspection within 6 months of business are serious to abolish the Agency inspection business registration:

    (A) inspection 1 year 3 revoked more than inspection business registration;

    (B) is not paid in accordance with the provisions of the principal inspection and quarantine fees, not to the client to inform inspection and quarantine fees or borrow on behalf of the inspection and quarantine authorities to charge clients fees;

    (C) investigation and handling of inspection and quarantine institutions fails to cooperate, inspection and quarantine staff, bribes or threats;

    (D) lend its name for others to go through the quarantine service;

    (E) routine failed to pass the examination.

    28th report agency enterprise, one of the following circumstances, has illegally obtained, by the inspection and quarantine agency ordered corrective action and illegal gains shall be sentenced to fined a maximum of 3 times, up to 30,000 yuan; no illegal proceeds, fined 10,000 yuan fine:

    (A) failing to establish and improve quarantine operations archive, or cannot be true and complete record of their host Agency inspection business;

    (B) refused to accept the inspection and quarantine institutions supervise and inspect

    (C) fails to apply for routine audits.

    29th report agency enterprises of other violations of the entry-exit inspection and quarantine laws and regulations, the inspection and quarantine agencies shall be investigated for legal responsibility in accordance with the relevant laws and regulations.

    The sixth chapter supplementary articles 30th inspection and quarantine agency executive staff shall not report agency business has any interest.

    Inspection and quarantine institutions administrative personnel should be avoided and in accordance with the relevant provisions of the State personnel and staff from inspection and quarantine post for less than 3 years shall not be served on the Agency inspection companies and should be avoided in accordance with the relevant provisions.

    31st production companies receive takeover the enterprise product of administrative measures on foreign trade company commissioned the inspection formalities, shall be separately prescribed by the State administration of quality supervision. Article 32nd original and copy of the registration certificate.

    Copy for routine audits, usage is 2 times 2 times combined with routine audit be replaced.

    In the 33rd article of the regulation for registration applications, registration certificate, inspection instructions, document format developed by the State administration of quality supervision, published separately.

    34th article of the provisions under the inspection and quarantine agencies to the implementation of administrative licensing terms to working days, excluding holidays.

    35th article of the regulation by the AQSIQ to interpret. 36th article of the regulations come into force on June 1, 2010. AQSIQ promulgated on November 6, 2002, the entry-exit inspection and quarantine Agency inspection regulations (AQSIQ 34th) repealed simultaneously.