(September 5, 2007 Customs makes 165th, announced since May 1, 2008 up purposes) first article to guarantees citizens, and corporate and other organization of informed right, and participation right and supervision right, enhanced Customs work transparency, promote law administrative, full play customs information on people production, and life and economic social activities of service role, according to People's Republic of China Customs method, and People's Republic of China Government information public Ordinance and other legal, and administrative regulations of provides, developed this approach.
Second open of Customs Affairs mentioned in these measures refers to customs in accordance with the law in the performance of duties, on matters involving the rights and obligations of citizens, legal persons and other organizations, programs, and other private or public according to law of customs information, be open and accept the supervision of the Act or measure.
Customs information in these measures refers to make or obtain in the performance of duties by the customs, must record and keep the information in the form.
Third open of Customs Affairs shall follow fair, equitable, accessible, objective principles. Fourth article customs must be timely and accurate disclosure of customs information.
Customs found that affect or may affect social stability, disrupting the order of social administration of false or incomplete information, shall, within the scope of their duties to publish accurate information be clarified.
Article fifth open of Customs Affairs directly under the General Administration of customs, customs, under the Customs and the Agency in accordance with the laws and administrative regulations, and this approach requires organizations to implement.
Sixth article Customs shall strengthen the work of the open of Customs Affairs Organization and leadership. Customs is the national open of Customs Affairs in the Office of the competent departments responsible for propulsion, guidance, coordination, supervision of national customs clearance business in public.
Customs, under the Customs and the Agency office or Office functions of the other institutions is the open of Customs Affairs Authority, responsible for the propulsion, steering, coordination districts and supervise the open of Customs Affairs.
Customs shut works public work competent sector of specific duties is: (a) organization developed shut works public of regulations, and work rules, research developed shut works public programme, determine shut works public of specific range, and form, and program, matters; (ii) organization coordination this units the business institutions of shut works public work; (three) Organization maintenance and update shut works public information; (four) accepted to customs proposed of shut works public application; (five) Organization prepared shut works public Guide, and shut works public directory and shut works public work annual report;
(Vi) is responsible for the confidential review intends to disclose customs information; (VII) other duties associated with the open of Customs Affairs.
Customs and other competent authorities shall take the initiative to open the Department to disclose customs information, actively assist the open of Customs Affairs Department to carry out related work.
Article seventh Customs Affairs shall strengthen the supervision and inspection of the work.
Resident General Customs Inspectorate of supervision is supervision Department of the national open of Customs Affairs, is responsible for the implementation of the national open of Customs Affairs supervision and inspection.
Directly under the supervision of customs, attached to the local Office of the Customs and Excise Department and the departments, districts is responsible for the implementation of the open of Customs Affairs oversight and inspection. Article eighth Customs Affairs shall establish and improve the coordination mechanism.
Customs information issued by the Customs and other administrative authorities shall communicate with the relevant administrative authorities, confirmation, ensure accurate customs information released.
Customs information issued by the customs in accordance with the relevant provisions of the State need to be approved by the authorisation shall not be published. Nineth article customs should active public following Customs information: (a) customs regulations and to customs announcement, and directly under the Customs announcement form released of other normative file; (ii) customs administrative license of matters, and according to, and conditions, and number, and program, and term and application administrative license need submitted of all material directory and the handle situation; (three) Customs made specific administrative behavior of according to, and program, and time and relief way,; (four) customs of institutions set, and duties permission and Office locations, and Office time and contact phone ; (Five) business site customs personnel of name, and positions, and duties, and workers,, and office phone; (six) involved import and export goods trade of customs integrated statistics information; (seven) Customs concentrated procurement project of directory, and standard and the implementation situation; (eight) customs administrative career sex charges of project, and according to, and standard; (nine) Customs career discipline, and work discipline and behavior specification; (10) other involved citizens, and corporate or other organization vital interests, and need social public widely knows or participation and legal, and administrative regulations, and
Customs provisions shall take the initiative to open issues.
Intended customs established by the decision-making, provision or the planning, planning, programming, and so on, involving citizens, legal persons or other organizations vital interests or have a significant social impact, the Bill should be open to the public, sufficient to listen to public views. Tenth belongs to the scope of disclosure of customs information, shall be the customs information form or within 20 working days from the date of the change be made public.
Laws, administrative regulations, otherwise provided by the terms of the open of Customs Affairs, from its provisions.
11th this way article Nineth should disclosure of customs information, citizens, legal persons or other organizations may, according to its production, life, scientific research and other special needs, apply to the Customs to obtain information related to customs. 12th article customs information has following case one of of, not public: (a) involved national secret and endanger national security, and public security, and economic security and social stable of; (ii) belongs to commercial secret or public Hou may led to commercial secret was leaked of; (three) belongs to personal privacy or public Hou may led to on personal privacy right caused improper against of; (four) belongs to Customs work secret of; (five) public Hou may will damage public interests or citizens, and corporate, and other organization lawful rights and interests of of; (six) legal
Other provisions, administrative regulations and the General Administration of Customs will not be made public.
Customs information relating to trade secrets, personal privacy, by the rights holders agree to open it, the officers can be made public.
13th article Customs shall establish and improve customs information confidentiality review mechanisms and clear review of the procedures and responsibilities.
Before the disclosure of customs information the Customs shall be in accordance with the People's Republic of China Law on guarding State secrets, as well as other laws, administrative regulations and the relevant provisions of the State review of the customs information to be available to the public.
Cannot determine whether the customs information disclosed, the Department shall, in accordance with the laws and administrative regulations and the relevant provisions of the State competent department or determined by the Security Department at the same level.
14th article customs must take the initiative to disclose customs information through custom portals, press conferences and press, radio, television, and other easy to expose well-known to the public.
To the General Administration of customs published in the form of customs regulations and other normative documents issued by the Chinese customs should also be published in the Gazette of the General Administration of customs.
Customs according to the need, in the field of customs operations Customs office locations such as public information, information screen, such as bulletin boards, electronic and information facilities, disclosure of customs information. 15th article customs information produced, by making the information public by Customs Customs information obtained from citizens, legal persons or other organizations, exposed by the Customs to save the customs information.
Legal and administrative regulations provide otherwise on the permission of Customs Affairs, from its provisions.
16th article customs must compile, announce the open of Customs Affairs guide or on the open of Customs Affairs manual and list of Customs Affairs, and timely updates.
Guide to open of Customs Affairs, shall include the customs classification, presentation systems, access to information, open of Customs Affairs Department's name, Office address, office hours, phone number, fax number, email and so on.
List of Customs Affairs, shall include the customs information index, name, summary, date and other information.
17th article citizens, and corporate or other organization in accordance with this approach 11th article provides application gets customs information of, should fill business customs information public application table (format see annex), to written form (including data message form) to customs proposed application; used written form does have difficult of, applicants can oral proposed application, by accepted the application of customs on behalf of fill in customs information public application table, and make applicants signed confirmed.
18th article on application public of customs information, customs according to following situation respectively made replies: (a) belongs to public range of, should told applicants Gets the customs information of way and way; (ii) belongs to not public range of, should told applicants and description reason; (three) law not belongs to this units public or the customs information not exists of, should told applicants, on can determine the information of public organ of, should told applicants the administrative organ of name, and contact way;
(D) the request is not clear, it shall notify the applicant to change, Supplement.
Application for disclosure of customs information should not be exposed in the contents, but to be able to distinguish between, the Customs shall provide the applicant with the information can be made public. 19th article customs considers the application disclose customs information involved trade secrets, personal privacy, public could undermine the legal rights of a third party, it shall seek the opinion of third parties third party does not agree to open, shall not be disclosed.
However, Customs does not consider release would cause significant harm to the public interest, should be made public, and decides to disclose customs information details and reasons of written notice to the third party.
20th received disclosure of customs information to the application, can answer off the cuff, the Customs shall be answered on the spot.
Can't answer off the cuff, the Customs shall from the date of receipt of the application within 15 business days with a response; if extension of response is required, shall be agreed by the competent authority responsible for Customs Affairs work, and inform the applicant, extend the deadline for reply shall not exceed 15 working days. Application for disclosure of customs information relates to the rights of third parties, time needed for Customs to seek third party advice is not calculated within the period specified in the second paragraph of this article.
Article 21st of citizens, legal persons or other organizations to provide customs information related to their own customs, should produce valid identification papers or documents. Citizens, legal persons or other organizations have provided evidence that customs customs information related to their own records are not accurate, right to request customs to be corrected.
The Customs had no right to correct shall be forwarded to the customs or other administrative authorities dealing with the right to correct and inform the applicant.
22nd article customs according to the application for disclosure of customs information, shall be provided according to the applicant forms; in accordance with provided in the form requested by the applicant, can be arranged by the applicant access to relevant information, providing copies or other appropriate form.
Citizens applying for disclosure of customs information reading difficulties or Visual barriers, Customs shall provide the necessary assistance. 23rd article customs according to the application to provide customs information, in addition to charging costs of retrieving, copying, mailing, costs, shall not be charged other fees.
Customs not by any other organization or individual paid service provision of customs information.
Customs charge retrieval, copying, mailing and other costs in respect of standards developed by the Department in charge of price under the State Council in conjunction with the financial sector. Article 24th citizens applying for disclosure of customs information of genuine economic difficulties.
Upon his/her request, Customs Affairs Department head approval, can reduce associated costs.
25th article customs should establish Customs Affairs assessment system, social commentary and accountability systems, regular examination, appraisal work on the open of Customs Affairs.
26th article customs should be published before March 31 of each year the open of Customs Affairs annual report on the work of the previous year.
Shut works public work annual report should including following content: (a) Customs active public customs information of situation; (ii) Customs according to application public customs information and not public customs information of situation; (three) Customs shut works public of charges and the relief situation; (four) for shut works public application administrative reconsideration, and filed administrative litigation of situation; (five) shut works public work exists of problems and the improved situation; (six) other need report of matters. 27th citizen, legal person or other organization of Customs Affairs does not perform its obligations and to the Customs Inspectorate, customs work departments or at the level of customs reports.
Customs of the receipt of reports or Department should be investigated.
Citizens, legal persons or other organizations that Customs Affairs in the work the specific administrative act in violation of their legitimate rights and interests, can apply for administrative reconsideration or bring an administrative suit. 28th article customs and staff violation this approach of provides, has following case one of of, by Customs monitored sector or Shang level customs ordered corrected; plot serious of, on Customs directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal: (a) not law perform customs information public obligations of; (ii) not timely update public of customs information content, and customs information public Guide and customs information public directory of; (three) violation provides charged costs of
(Iv) through other organizations, individuals paid service provision of customs information (v) customs information should not be exposed in public, (vi) other acts in violation of these rules. Article 29th customs departments apply the relevant provisions of the police.
Police provided no clear, these measures shall apply.
30th article this way interpreted by the General Administration of customs. 31st article this way come into force on May 1, 2008.
December 27, 2005 released by the General Administration of customs, the 137th of the People's Republic of China open of Customs Affairs rules repealed simultaneously. 附件：海关信息公开申请表
附件：海关信息公开申请表
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┌─┬─┬────────┬────────┬──────┬────────┐
│ │ │姓 名 │ │工作单位 │ │
│ │ ├────────┼────────┼──────┼────────┤
│ │ │证件名称 │ │证件号码 │ │
│ │公├────────┼────────┼──────┼────────┤
│ │民│联系地址 │ │邮政编码 │ │
│ │ ├────────┼────────┼──────┼────────┤
│ │ │联系电话 │ │传 真 │ │
│ │ ├────────┼────────┴──────┴────────┤
│ │ │电子邮箱 │ │
│申├─┼────────┼────────┬──────┬────────┤
│请│ │名 称 │ │组织机 │ │
│ │法│ │ │构代码 │ │
│人│人├────────┼────────┼──────┼────────┤
│信│或│法人代表 │ │联系人姓名 │ │
│息│其├────────┼────────┼──────┼────────┤
│ │他│联系人电话 │ │传 真 │ │
│ │组├────────┼────────┴──────┴────────┤
│ │织│联系地址 │ │
│ │ ├────────┼────────────────────────┤
│ │ │电子邮箱 │ │
│ ├─┴────────┼────────────────────────┤
│ │ 申请时间 │
│
│ ├──────────┼────────────────────────┤
│ │ 申请人签名 │ │
│ │ 或者盖章 │ │ ├─┼──────────┼────────────────────────┤
│ │ 所需信息的 │ │
│ │ 内容描述 │ │
│ ├──────────┼──────────── ────────────┤
│所│ 所需信息的用途 │ │
│需├──────────┴────────┬───────────────┤
│信│所需信息的形式要求（可选可填） │ 获取信息的方式 │
│息│ │ （可选可填） │
│情├───────────────────┼───────────────┤
│况│□纸本 │□邮寄 │
│ │□电子文本 │□电子邮件 │
│ │ □ │□传真 │
│ │ │□自行领取 │
│ │ │□
│
└─┴───────────────────┴───────────────┘
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