Advanced Search

People's Republic Of China Administration Of Customs Legislation Provisions

Original Language Title: 中华人民共和国海关立法工作管理规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
People's Republic of China administration of customs legislation provisions

    (January 4, 2009 the General Administration of Customs released 180th as of March 1, 2009) directory

    Chapter I General provisions

    Chapter II customs regulations

    Section I General provisions

    Section II project

    Section III of draft

    Fourth section reviews

    Fifth Review and publication

    Sixth section explains

    Seventh amendment and repeal

    Chapter III customs and normative documents

    Section I General Administration of Customs regulatory documents

    Section II direct customs and normative documents

    After the fourth chapter legislative assessment

    The fifth chapter by-laws

    Chapter I General provisions

    First in order to strengthen the customs regulations and normative documents (hereinafter referred to as the customs legislation) management, in accordance with the People's Republic of China legislative act (hereinafter referred to as the Legislative Act), the regulatory procedure Ordinance and other provisions of laws and administrative regulations, based on actual customs, these provisions are formulated.

    Article projects of normative documents of customs regulations, customs, drafting, review, decisions, publication, record, interpret, amend, repeal and other applicable provisions.

    The General Administration of customs jointly with relevant departments under the State Council formulated and promulgated regulations and regulatory documents, these provisions shall apply.

    Customs in the context of its terms of reference to develop, release customs documents, in accordance with this regulation.

    Customs regulations mentioned in article III of the regulations, refers to the General Administration of customs, in accordance with the law on legislation, the regulatory procedure formulated and promulgated regulations and the provisions of the Ordinance.

    Customs documents in these rules refers to the General Administration of customs developed and released as Chinese customs administrative relative person the rights, obligations, generally binding files.

    Customs regulatory documents in these rules refers to customs to develop and publish notice in the Customs office directly under the administrative relative person of rights and obligations, in the Customs office directly under the jurisdiction of generally binding files.

    Fourth article customs legislation should follow the principle of legislation to establish the legislative law and customs working practice, adhere to the following principles:

    (A) in line with the Constitution, laws, administrative regulations and other higher-level law provisions;

    (B) the scientific and democratic legislation, and constantly improve the quality of legislation;

    (C) openness and transparency, and encourage and facilitate the participation of private and public customs legislation;

    (D) the actual, highlighting the characteristics of Customs work, in principle, not repeated superior law;

    (E) develop and clean both, maintaining customs enforcement based on harmony and unity.

    The fifth article customs regulations, customs documents and Customs regulatory documents shall be structured, complete in content, form, clear, wording is accurate, concise, and in accordance with the customs legislation of technical specifications.

    Technical specification of customs legislation from the Customs Department of Legal Affairs shall be formulated separately.

    Sixth article Customs Department of Legal Affairs is responsible for the national customs legislation for guidance, supervision, and undertake the following work:

    (A) preparation of customs legislation of medium-and long-term planning and annual legislative programme and supervise implementation;

    (B) drafting or drafting the General Administration of customs are responsible for people's law, draft administrative regulations and the General Customs rules;

    (C) review of professional regulations drafted by the competent Department of the General Administration of customs approval is issued on behalf of international cooperation, General Administration of customs documents and the Customs Treaty text;

    (D) other laws and administrative regulations provided by the General Administration of customs and Customs Department of Legal Affairs of the legislative work.

    Guangdong Branch of the Department of Legal Affairs is responsible for assisting the General Customs Department of Legal Affairs guidance, coordination of Guangdong Customs office directly under the legislation, according to the General Administration of customs to exercise legislative oversight function.

    Directly under customs normative documents of the Department of Legal Affairs shall be responsible for the drafting, review, coordination and recording work, responsible for the organization within the customs area of the Department issued law, draft of administrative regulations, rules and regulatory documents for comment and feedback to the Department, is responsible for knowing the collection grass-roots law enforcement, legislative proposals.

    Chapter II customs regulations

    Section I General provisions

    Article seventh complete, comprehensive specification for some sort of customs administration, and involves administrative counterpart's right and duty, customs regulations should be enacted by the General Administration of customs.

    Eighth article customs regulations regarding mandates of other departments under the State Council shall jointly by the General Administration of customs, in conjunction with relevant departments of the State Council regulations. Nineth developed jointly sponsored by the General Administration of customs and other departments under the State Council regulations, included in the sequence of Customs shall, after discussion by the Department approved in principle of the draft, according to documents the program send sign jointly developed by the departments.

    Sign no opinion should be reported to Department leadership in the form of the General Administration of Customs announced after the signing. Hosted by the other departments of the State Council and developed jointly with the General Administration of customs regulations, that sequence should not include the General Administration of customs, the General Administration of Customs after the Department of Legal Affairs in conjunction with the competent departments of the General Administration of customs, considered by the customs law submitted to the Department will be checked again after the adoption.

    Under special circumstances, with the approval of the Director, issued by the competent leadership.

    Section II project

    Tenth annual system of the General Customs Administration introduced legislation, on March 1 every year to next February the final day of a legislative session, annual legislative plans set by the legislative session, identified the need to develop, revise customs rules and legislative projects.

    11th General Customs Department of Legal Affairs is responsible for the annual legislation plan preparation, auditing, supervision and work.

    12th article customs departments need to develop, revise Customs regulations, should be submitted before the new legislative session begins the project application, the General Administration of Customs Department of Legal Affairs.

    Projects involving business of Customs General Administration departments, or other departments under the State Council, project when applying for the Department in the preparation of project applications should seek the views of relevant departments.

    13th project applications submitted to the formulation or revision of customs regulations, should include the necessity, feasibility, the main problems to be resolved, the proposed establishment of the main system as well as drafting units project leader, Manager, intends to complete the drafting of the description of the content.

    14th General Customs Department of Legal Affairs when preparing its annual legislative programme should be sought from Guangdong Branch, customs and administrative relative person of legislative proposals.

    Guangdong Branch and submitted to the General Administration of customs law customs departments directly under the jurisdiction of the legislative proposals should be consulted before this year's customs, Guan enterprises inside the legislative proposals and other administrative relative person; submit to the Department the Department of Legal Affairs of this legislative proposal, should at the same time copy to competent departments of the General Administration of customs.

    Guangdong Branch and regional customs in accordance with the provisions of the second paragraph of this article to submit legislative proposals, should the necessity and feasibility of the proposal, the proposed to solve the main problem, intends to establish the system of the main issues are explained.

    15th administrative relative person feel the need to formulate, amend the customs regulations, in the new legislative session begins prior to the General Administration of Customs Law Department or customs office directly under the Legislative Affairs Department of legislative proposals.

    Customs Department of Legal Affairs and customs office directly under the legislative recommendations of the Department of Legal Affairs of the administrative relative person should promptly study and feedback the results to it in an appropriate manner.

    16th Customs Department of Legal Affairs shall develop project applications, revise Customs regulations and rolling up the legislative proposals, coordination and elaboration of the General Administration of customs of the annual legislative programme, after consideration by the Department through the implementation.

    Did not accept the project application, Customs Department of Legal Affairs shall be applied to the project Department in time for instructions.

    Customs Department of Legal Affairs shall, in accordance with article 17th annual legislative plans, coordinating departments, develop plans to implement a programme of legislation, includes the project name, the drafting Department, project leader, contacts, time of completion and timing of each stage. 18th annual legislative programme should be implemented strictly in accordance with the legislative scheme of programme implementation.

    Customs Department of Legal Affairs is responsible for the implementation of the annual legislative programme for supervision, inspection, and periodic updates to the plan.

    Before the Department considered the new annual legislative programme, the General Customs Administration Department of Legal Affairs on the implementation of the annual legislative programme should be reported; project was not in accordance with plans to implement a programme to complete the legislative drafting Department at the Department meeting unfinished cause and next steps, such as description of the situation.

    Article 19th of any of the following circumstances, customs departments can apply to adjust the legislative projects:

    (A) is not included in the annual legislative programme, but due to the urgency of the situation, need to be formulated and promulgated immediately customs rules;

    (B) significant changes in the objective circumstances, items that are listed in the annual legislative programme should not be completed as originally planned.

    Article 20th need to adjust legislation, in accordance with the following procedure:

    (A) the competent departments of the General Administration of customs to the need for additional legislation to the Customs Law Department projects or project need for legislation to delay the completion of a written application;

    (B) the Customs Department of Legal Affairs to review the adjustment applications, that is considered to be the circumstances prescribed in the provisions of article 19th, drafting of legislative plans on the change of sign, Department lead for approval;

    (C) approved by the leaders to adjust the legislative programme, prepared by the Customs Department of Legal Affairs renewed legislative programme implementation plan.

    Section III of draft

    21st General rule drafted by the Customs Department is responsible for the drafting of the legal system, or organization, other professional regulations drawn up by the competent departments of the General Administration of customs. Drafting departments may delegate specific drafting of customs.

    If necessary, may invite relevant government units, social groups and experts involved in the drafting work.

    22nd Department responsible for drafting an administrative leadership to the program manager should be identified and determined at least one is familiar with the customs, and familiar with staff specifically responsible for the drafting of the legal knowledge.
Drafting of regulations involving multiple departments, drafted by the main Department responsible for leading organizations, authorities sent a joint drafting groups.

    Article 23rd draft legislation the customs regulations should be based on research, understanding of the present situation and existing problems, research at home and abroad advanced experiences, complete, feasible to draft recommendations, and complete the survey.

    24th article customs regulations should be based on clearly defined the following:

    (A) the enactment of laws and the basis;

    (B) scope of application;

    (C) the competent authority or Department;

    (D) the management principles;

    (E) the specific measures and procedures management;

    (F) the customs authority and responsibility, the rights and obligations of the administrative relative person;

    (G) the legal responsibility;

    (H) effective date;

    (I) the need to repeal the document;

    (J) the contents of the other provisions. 25th article customs regulations followed by a hierarchy of articles, paragraphs, items, and accounts.

    Complex rules can be divided into chapters and sections.

    In the drafting of regulations should be summarized the main contents of the provisions and the provisions of each of the former mark.

    26th drafting regulations based on distinction is issued on behalf of the following circumstances:

    (A) the drafting Department drafted plans to seek the opinions of all sides, known as the "XX Division draft";

    (B) send Customs Department of Legal Affairs to review the draft sector changes are completed, known as the "draft";

    (C) Customs legal departments to draft amendments seek the opinions of all sides, known as the "laws and regulations Division draft";

    (D) Customs legal department sent legislative review of the relevant departments of the General Administration of customs, called "legislative review";

    (E) considered by the Customs Department of Legal Affairs will be submitted to the Department, referred to as "the draft". After the 27th article customs regulations drafted, should consult the relevant units, General Administration of customs authorities, customs and administrative counterpart's views.

    Comments may be in written comments, forums, feasibility study meeting, hearing and other forms.

    28th regulations concerning private party interests or for advice if there is a significant difference, drafting Department could hold legislative hearings.

    The hearing shall be held in public, and in accordance with the following organizations:

    (A) the hearing shall announce the time and place of the hearing and before the 30th;

    (B) according to the situation through public registration, invitation form to participate in the hearing of representatives of relevant organs, organizations and citizens;

    (C) to the participants in the hearings on the drafting of regulations to interpret and explain;

    (D) the participants in the hearings on the drafting of the regulations, the right to ask questions and express their opinions;

    (E) a record shall be kept of the hearing record of spokesman of the main views and reasons;

    (F) drafting departments should carefully study the hearing reflected a variety of views.

    Drafting Department hearing views of adoption should be informed in an appropriate manner the hearing participants. Article 29th drafting customs regulations should be written at the same time the drafting instructions.

    Drafting instructions should include the following:

    (A) the necessity of the legislation;

    (B) the main basis for legislation;

    (C) the legislative investigation;

    (D) the management measures to be taken and feasibility analysis;

    (E) the drafting process;

    (Vi) for comments and adoption, coordination;

    (VII) the current cleanup advice on regulations and regulatory documents;

    (H) the need to note other problems.

    Cannot reach an agreement through consultation to have different opinions, drafting Department shall indicate in the drafting instructions; request for comments to the public, shall state the public feedback process and reasons for hearings, should also provide information on treatment of the case and the reasons for the hearing.

    Fourth section reviews

    Submit review 30th customs regulations draft drafting instructions should be signed by the head of drafting Department after the Customs Department of Legal Affairs for review.

    Customs of several departments, has drafted regulations draft drafting instructions should be signed by head of drafting Department after the Customs Department of Legal Affairs for review.

    31st General Customs Department of Legal Affairs, requested the departments the following materials together with the customs regulations draft, draft notes submitted to the Legal Department to review:

    (A) draft normative documents relating to customs regulations;

    (B) description of original material and relating to the adoption of the opinion;

    (C) legislative background material at home and abroad;

    (D) the transcript of the hearing;

    (E) report on the legislation;

    (F) is intended to clean up the regulatory documents;

    (VII) other materials to be submitted.

    Article 32nd General Customs Department of Legal Affairs should review the draft, as follows:

    (A) compliance with the Constitution, laws, administrative regulations and other higher-level law provisions;

    (B) compliance with statutory authority and procedures;

    (C) coordination with other regulations and cohesion;

    (D) is to coordinate the different views;

    (E) it has the legal feasibility;

    (Vi) compliance with legislative requirements;

    (G) whether a clean opinion, regulations and regulatory documents;

    (H) the need to review more. Article 33rd customs departments in the review process of the legal system should communicate fully with the drafting Department, understand the intention of the drafting, background, business processes, and solve problems.

    Drafting departments should actively cooperate with Customs Department of Legal Affairs review, describes the situation, provide the relevant information.

    Customs Department of Legal Affairs major amendment proposed in the review process, shall consult with the drafting of the sector.

    Article 34th General Customs Department of Legal Affairs shall consult the relevant departments of the General Administration of customs during the review process, if necessary, consultation with customs, private party, can also be sought through the Customs on behalf of grass-roots customs, relevant comments.

    Comments can be used in field research, writing, networking and seminars conducted.

    Besides involving State secrets, national security, the General Administration of Customs Department of Legal Affairs should also be open for public comment in the Customs Internet site.

    The 35th article customs regulations draft one of the following circumstances, the Customs Service Department of Legal Affairs, returned to the drafting of the departments:

    (A) regulatory basic conditions are not mature;

    (B) drafting units without consultations with relevant departments of the General Administration of customs;

    (C) the Customs authorities on the content of the draft has a larger dispute and reason more fully;

    (D) the material attached to the draft is not complete;

    (E) not the clean opinion;

    (Vi) procedures not according to stipulations;

    (VII) should not be submitted to the Department for consideration.

    Drafting Department in accordance with the requirements of draft corrected by return customs regulations, meet the conditions for applying, in accordance with procedures submitted to the General Administration of Customs Law Department reviewed. Article 36th General Customs Department of Legal Affairs shall be brought to the Department prior to consideration the Customs legislative review draft regulations give customs authorities for review.

    Customs departments no disagreement, the Department in charge shall sign on the legislative review.

    Significant amendments, shall be written and signed by the heads of the major.

    37th article customs law on customs departments to complete review review of the draft modified regulations legislation work, form be submitted to the Department will review the draft regulations and instructions, application services will be held for consideration.

    Fifth Review and publication

    38th article customs regulations should be considered decision of the Department of the General Administration of customs.

    39th services when considering the draft regulations on customs, the General Administration of customs law on customs departments draft regulations for the drafting instructions, drafting departments can provide additional information on specific issues.

    40th article customs regulations after the Bill is examined and approved in principle by the Department, Customs Department of Legal Affairs should be based on consideration of proposed changes to the draft amendments in conjunction with the drafting of the sector, in accordance with technical specification to delete articles such as word processing, and drafting Department, be released in accordance with document handling procedures in the form of the General Administration of customs.

    Except in special circumstances, customs regulations shall be announced in the Department will be considered through the 30th.

    For consideration in the draft not adopted by major disagreements of principle, be requested by the Customs Department of Legal Affairs under the Department, in conjunction with the drafting of the sector, business sector and sectoral coordination again be differences of opinions, discussion, proposed revised version submitted to the Department will be revisited.

    41st customs order shall specify the ordinal name, regulations, the Department will consider for adoption dates, repeal of the relevant provisions, the implementation date, Director of branding, publication dates, and so on.

    Regulations of the General Administration of customs and other departments of the State Council jointly announced by the Director of the heads of Department and jointly develop co-branded published using the host command sequence number.

    42nd save in exceptional cases, the customs rules shall be published at least 30th after its promulgation.

    Within 30th after the 43rd article customs regulations, the General Administration of customs of the rule of law sector in accordance with the relevant administrative rules and regulations procedures and requirements for the regulatory filing procedures.

    Upon signing and promulgation of the 44th article customs regulations shall be published in the Gazette of the General Administration of customs.

    Customs regulations text to text published as the standard text of the Gazette of the General Administration of customs.

    Customs shall, without delay, through the Customs Internet stations, open customs regulations, including Customs Bulletin.

    45th article customs regulations of foreign official translation shall be organized by the Customs Department of Legal Affairs translation, or to validate.

    Customs rules and official translations in foreign languages should be on carriers such as customs Internet site open to the public in a timely manner.

    Sixth section explains

    46th article customs regulations the right to interpret the General Administration of customs.

    Directly under the General Administration of customs departments, customs, under the Customs and shall be in the name of self made file legislative interpretation of the customs regulations.

    47th article customs regulations of any of the following circumstances, you can explain:
(A) the customs rules of the need to further clarify the specific meaning of a;

    (B) the enactment of the customs regulations there is a new situation, need to be clearly applicable customs regulations based on the. 48th legislative interpretation of the Customs General Administration for customs regulations should be strengthened.

    Guangdong Branch submitted to the General Administration of customs, customs can also explain the customs rules for instructions. 49th article customs regulations explained by the original drafting Department regulations drafting, also drafted by the General Customs Department of Legal Affairs. Customs regulations explained the drafting after the Customs Department of Legal Affairs in conjunction with drafting instructions should be reviewed.

    Customs law departments for examination and approval, approval of the leadership announced.

    50th article of the General Administration of customs to customs regulations interpretation and customs rules shall have the same effect.

    51st explained authorized Customs laws, administrative regulations, mutatis mutandis, the provisions of this section of the procedures. Customs Administration of the legal provisions and administrative regulations relevant provisions, is not specific enough, the legislature has not explained, the General Administration of customs administrative interpretation can be made.

    Procedures of administrative interpretation apply mutatis mutandis to the provisions of this section, customs rules and have the same effect.

    Seventh amendment and repeal

    52nd under any of the following circumstances, customs regulations should be modified in a timely manner:

    (A) the amendment or repeal of relevant laws and administrative regulations, need to be amended accordingly;

    (B) the actual changes, need to increase or decrease or change the content;

    (C) should be revised.

    53rd rule modified smaller, did not change the provisions of order and structure of the decision can be modified by the drafting Department drafted regulations, regulatory procedures, mutatis mutandis, reviewed by the Legal Department and submitted after the consideration by the Department, Department published and republished revised text of the regulations. Regulations change quite huge or of significant changes to the provisions of order and structure, should be made public in accordance with the regulatory procedure to the new regulations.

    The original rule shall be expressly repealed.

    54th under any of the following circumstances, customs regulations should be repealed:

    (A) repeal or modification of relevant laws and administrative regulations, losing basis or there is no need to continue to implement;

    (Ii) provisions have been completed or actual change, no need to continue;

    (C) the new customs rules have replaced the old customs rules;

    (D) shall be repealed. 55th customs departments should regularly or from time to time to clean up this Department is responsible for implementing customs regulations, found that need to be modified or repealed, it shall apply to the Customs Department of Legal Affairs.

    To be included in the General Administration of customs of the annual legislative programme, should also be applied for project.

    Customs Department can check on the implementation of the customs rules of the legal system, find it necessary to modify or repeal should be timely cleanup recommendations to the competent Department of the General Administration of customs.

    Customs authorities consider that the customs regulations need to be modified or repealed, may be responsible for the implementation of the customs rules and cleaning recommendations of the competent Department of the General Administration of customs, you can also clear recommendations to the Customs Department of Legal Affairs.

    Guangdong Branch, customs, administrative relative person deems it necessary to amend or abolish customs regulations, to the head of Customs Department or customs recommendations clean the Department of Legal Affairs.

    56th on the need to repeal or failure of customs regulations by the General Administration of Customs announced explicitly repeal or failure.

    New customs rules can replace the old customs regulations, inventory should be listed in the new customs rules, clear the customs regulations of abolition is replaced.

    Chapter III customs and normative documents

    Section I General Administration of Customs regulatory documents

    57th customs in accordance with the provisions of article on specific matters involving administrative counterpart's right and obligation to develop the General Administration of customs documents, the General Administration of Customs released by notice, but can not set administrative relative person of the administrative penalty.

    Article 58th through Chinese Customs regulatory documents shall be in accordance with the official procedure and sending Customs Department of Legal Affairs for review.

    59th General Customs Department of Legal Affairs in the General Administration of customs review should keep in mind when reviewing the draft normative documents the following:

    (A) the legality, whether there is inconsistent with the laws and administrative regulations and rules, are in accordance with the procedures provided for, beyond the statutory authority;

    (B) openness, external bulletin content is separated from the internal notification;

    (C) normative, dispatch form, terms and other specifications;

    (D) coordination, coordination, cohesion and other normative documents;

    (E) other aspects should be reviewed.

    60th Customs Department of the General Administration of customs in the review of the legal system have different views on the draft normative documents, shall consult with the drafting of the sector.

    Article 61st of normative documents need to be modified in the form of announcements published, shall be announced to publish modified content need to be abolished, should be based on denunciation by notice, shall not be made and other forms of official documents to be replaced.

    Section II direct customs and normative documents

    62nd directly under the customs in the region may, in accordance with the provisions of this relates to matters of administrative counterpart's right and obligation to develop direct customs and normative documents, notice in the Customs office directly under the form of release. Directly under the administration of customs districts developed with regard to the one involving the relationship between the norms of administrative counterpart's right and obligation, should be advertised by notice, as an annex to the notice of the relevant regulations.

    Customs made and documents relating to the administrative relative person of rights and obligations, and about content in the form of announcement should be released.

    63rd customs in accordance with these provisions the Customs office directly under the regulatory documents shall be limited to the following situations:

    (A) the circumstances unique to the customs area;

    (B) normative documents concerning the administrative relative person according to the General Administration of customs rights, obligations, specific operating rules.

    64th customs in accordance with the provisions of normative documents with laws, administrative regulations, customs regulations and other higher-level laws conflict, the normative documents, since the release date is invalid.

    Under Customs shall make and publish administrative relative person of rights and obligations, generally binding document. Directly under the 65th customs legal normative documents by the Department or business unit drafted. Drafting Department districts shall be heard in the drafting process of the Department concerned, subordinate customs, relevant units and private party views.

    Listen to written comments, forums, feasibility study meeting can take many forms.

    Customs departments directly under the 66th after completion of drafting of normative documents in the drafting of normative documents documents should be sent together with the drafting instructions to turn off the rule review.

    Customs office directly under the normative document drafted by the Legal Department to review business unit references Customs Department of Legal Affairs to review the requirements of normative documents, districts when necessary can again seek the relevant departments, subordinate customs, relevant units and private party views.

    67th belongs to the Customs office directly under the normative documents on important matters should be considered or by the Customs and Excise Office decisions.

    68th customs documents should be submitted to the General Administration of Customs since the release date 15th record.

    69th customs posts should be directly under the articles submitted for the record record report path sent the General Administration of customs and Customs regulatory documents the Department of Legal Affairs, and submitted electronically by the regulation, and copy to competent departments of the General Administration of customs. 70th direct Customs Customs office directly under the Department of Legal Affairs shall be responsible for the documents submitted for the record.

    The General Administration of customs inspection and supervision departments to record the work of the legal system.

    71st for a submitted to the Customs office directly under the normative documents of the record, meets the requirements of form, the General Customs Administration Department of Legal Affairs registration, does not meet the required, no registration, and may require the submission to the Customs to submit again.

    72nd as filing customs office directly under the list of normative documents published periodically by the General Customs Department of Legal Affairs.

    73rd article customs legal departments to submit for the record the Customs office directly under the normative documents, review the following:

    (A) it is ultra vires;

    (B) whether it contravenes the provisions of the law;

    (Iii) other content should be reviewed.

    74th General Customs Department of Legal Affairs can be requested and submitted to the Customs office directly under the normative documents of the record relating to the General Administration of customs departments to assist the audit opinion, the General Administration of customs departments shall provide assistance.

    75th review, submitted to the Customs office directly under the normative documents of the record beyond rights, contravenes the provisions of the law or if there are other significant legal issues, by the General Customs Administration Department of Legal Affairs recommends that the Customs office directly under the correct itself, or by the Customs General Administration revoked views to the Legal Department, Department leadership decision be rescinded.

    After the fourth chapter legislative assessment

    The 76th article customs regulations, customs service after the implementation of normative documents, the customs service head of legal department can organize customs departments, the Customs office directly under the legislative assessment of the implementation and, if necessary, can also invite experts and scholars, social groups, administrative relative person participating in this evaluation.

    Legislative evaluation questionnaire, seminars, research and other ways.

    77th General Customs Department of Legal Affairs decides to customs regulations, customs documents after the legislative assessment, assessment of the legislative programme should be established, competent leadership for approval.

    78th legislative assessment programmes should include the following:

    (A) assessment object, implemented by the legislation, the release time;

    (B) assessment of the legislative organization departments, assessment time;

    (C) assessment of the legislative objectives and working methods;

    (D) assessment of the legislative focus, including system design is reasonable, whether clear, conflict with higher-level law, operational evaluation and implementation;

    (E) assessment of the legislative procedures;
(Vi) other matters should be clear.

    79th after the enactment of the customs rules, the Customs General Administration of the assessment documents, and is responsible for the implementation of the regulations or normative documents of the competent Department of the General Administration of customs self assessment and in accordance with legislation assessment programme after the prescribed period of self-evaluation report to the Customs Department of Legal Affairs.

    80th customs assessment after the end of the legislation, the legal department shall prepare assessment reports when assessing reservations, modify or repeal proposal leadership approval.

    Assessment after legislation invite scholars and experts, social groups or private party participation in EIA reports should be based on feedback from participants in an appropriate manner.

    Assessment report proposed to amend or repeal the 81st legislative object, is responsible for implementation of the objects of the General Administration of customs departments should promptly submit a project application, or application included in the annual legislative programme in due course.

    82nd customs assessment, mutatis mutandis, the provisions of this chapter the normative documents for processing.

    The fifth chapter by-laws 83rd article customs legislation should strengthen information management.

    Following the enactment of normative documents of customs regulations, customs, standardization shall promptly amend the customs code and customs clearance system.

    84th article customs regulations, customs documents and direct customs and normative documents were released, released through customs Internet site, customs bulletins and other means to the general public.

    85th General Customs Administration on behalf of draft laws and administrative regulations, and procedures provided for in these provisions shall apply mutatis mutandis.

    86th article of the provisions interpreted by the General Administration of customs. 87th article of the regulations come into force on March 1, 2009. October 24, 2005 of the General Administration of Customs released the 131th People's Republic of China Customs legislation regulations repealed simultaneously.