People's Republic Of China Customs Declaration Entity Registration Regulations

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

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(March 31, 2005 the General Administration of Customs announced as of June 1, 2005, 127th) Chapter I General provisions article to regulate customs declaration entity registration administration, in accordance with the People's Republic of China Customs law and other relevant laws and regulations, this provision is enacted.
    Article People's Republic of China Customs is the administration of registration of customs authorities.
    Article III declarations unit of customs clearance operations shall comply with the relevant national legal provisions, administrative regulations and Department rules, bear the corresponding legal responsibility.
    Declaration unit to which it belongs the customs declaration shall bear the corresponding legal responsibility.
    Fourth in addition to laws, administrative regulations or otherwise prescribed by the customs rules, through the customs declaration, customs registration should be in accordance with these regulations.
    Article fifth Declaration registration into the Declaration enterprise registration and registration of the consignor or consignee of import and export goods.
    After customs registration, the Declaration Enterprise shall, in order to register.
    Import and export cargo to receive consignor can go directly to the local customs registration.
    Sixth article import and export cargo to receive consignor shall by customs of customs clearance operations of the units, or entrust the customs registration registration customs broker, customs broker to Transact customs business on behalf of the Customs Broker is a member.
    Article seventh in customs registration customs unit, and again submit a registration application to the customs, customs is not admissible.
    Eighth article of the rules the following terms shall have the meanings: customs units is in accordance with the provisions of customs registration customs broker and consignor or consignee of import and export goods.
    Customs Broker, is in accordance with the provisions of the customs registration registration of import and export cargo to receive consignor's request, on behalf of the consignor or consignee of import and export goods or in their own name, to the customs clearance business, engaged in customs clearance services for enterprises in the territory.
    Import and export cargo to receive consignor who refers to directly import or export of goods of People's Republic of China Customs territory of legal persons, other organizations or individuals.
    Head of customs operations, refers to is in charge of the enterprise business management of enterprise legal representative or general managers, Department managers and other managers.
    Customs declaration refers shall obtain the qualification of Customs Declaration and customs registration, import and export goods declaration to the customs service personnel. Customs business, is refers to: (a) according to provides truthfully declared import and export goods of commodity coding, and actual sold price, and origin and the corresponding offers trade agreement code,, and handle fill business customs single, and submitted customs single card, and declared about of matters; (ii) application handle paid tax and rebate, and collection matters; (three) application handle processing trade contract record, and change and verification and the bonded regulatory, matters; (four) application handle import and export goods tax cuts, and duty-free, matters; (five) handle import and export goods of identification, and
    Matters such as customs clearance, (vi) other customs matters should be handled by the customs clearance unit. Second chapter customs enterprise registered registration license first section customs enterprise registered registration license provides Nineth article customs enterprise should has following conditions: (a) has territory enterprise corporate qualification conditions; (ii) enterprise registered capital not below Yuan 1.5 million Yuan; (three) sound of organization institutions and financial management system; (four) Customs number not less than 5 name; (five) investors, and customs business head, and customs no smuggling records; (six) customs business head has five years above engaged in foreign trade work experience
    Or work experience, and (VII) No smuggling violation revoked by the customs registration record; (VIII) is consistent with fixed premises and facilities necessary for customs services; (IX) other conditions required under the customs supervision. Tenth Article application customs enterprise registered registration license, should submitted following file material: (a) Customs enterprise registered registration license application book; (ii) enterprise corporate license copy or Enterprise name advance approved notice copies; (three) Enterprise articles; (four) funded proved file copies; (five) by hired customs practitioners of customs qualification card copies; (six) engaged in customs services feasibility research report; (seven) customs business head work resume; (eight) customs service business field
    Proof of ownership, proof of rental, and (IX) other material associated with the application for registration.
    11th the applicant shall submit an application to the local customs and submit application for registration materials.
    Customs places should be announced to accept the application.
    12th the applicant may authorize an agent to apply for registration. Authorized agent of the applicant on whose behalf the application, it shall issue a power of attorney. Power of attorney should specifically set forth the following, signed and annotated by the principal delegate date: (a) the summary of principal and agent. Client or agent is corporate or other organization of, should contains Ming name, and address, and phone, and postal code, and statutory representative people or head of name, and positions; client or agent is natural of, should contains Ming name, and gender, and age, and career, and address, and phone and the postal code; (ii) on behalf of proposed registered registration license application, and submitted application material, and received legal instruments, delegate matters and the permission; (three) delegate agent start date; (four) legal, and
    Administrative regulations and other matters prescribed in the customs rules shall be clearly stated. 13th article on applicants proposed of application, customs should according to following situation respectively made processing: (a) applicants not has customs enterprise registered registration license application qualification of, should made not accepted of decided; (ii) application material not complete or not meet statutory form of, should spot or in sign application material Hou 5th within once told applicants need correction of all content, late not told of, since received application material of day up that for accepted; (three) application material only exists text sex, and
    Technical or binding error that can be corrected on the spot, shall permit the applicant to be corrected on the spot, and be signed by the applicant for correction confirmation; (d) the application materials are complete and comply with the statutory format, or the applicant of all the corrections in accordance with customs requirements application materials, shall accept the Declaration enterprise registration applications, and make a decision on admissibility.
    14th where customs, upon acceptance of the application should be based on the comprehensive review of the statutory conditions and procedures, and in accepting an application for registration within 20th of this review has been completed, will review the comments and all application materials are submitted to the Customs office directly under the.
    Customs shall receive the seat directly under Customs to submit decisions on the review date in the 20th.
    15th the applicant meets the statutory requirements of the application, Customs shall make a decision on registration of the written decision and notify the applicant accordingly.
    Applicant's application does not meet the statutory requirements, the Customs shall not grant the registration written decision and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Customs business districts across branches in section II registration article 16th outside the customs broker as required in the registration area in the customs service, it shall set up branches, and to be registered with customs declaration services company branch registration applications.
    Customs Broker liable for the behavior of their branches.
    Article 17th Branch Office Registration customs broker shall comply with the following conditions: (a) the Declaration Enterprise obtained Customs issued the People's Republic of China Customs certificate of enterprise registration (see annex 1) two years after the date, (ii) the Declaration enterprise from the last two years from the date of filing was not smuggling have received punishment.
    Customs clearance for per-application for a customs area Branch Office registration, should increase the registered capital of 500,000 yuan.
    18th article customs enterprise across shut District established of branch institutions intends made registered registration license of, should has following conditions: (a) meet territory corporate branch institutions established conditions; (ii) Customs number not less than 3 name; (three) has meet engaged in customs service by required of fixed business places and facilities; (four) branch institutions head should has five years above engaged in foreign trade work experience or customs work experience; (five) customs business head, and customs no smuggling records. 19th article customs enterprise application across shut District Branch institutions registered registration license of, should to branch institutions location customs submitted following application material: (a) Customs enterprise across shut District Branch institutions registered registration license application book; (ii) People's Republic of China Customs Customs Enterprise customs registered registration certificate copies; (three) branch institutions engaged in customs services feasibility research report; (four) intends hired of customs practitioners customs qualification certificate copies; (five) branch institutions head, and
    Head of customs operations resume, (vi) customs clearance services proof of ownership of business premises, rental certificates; (VII) by the Declaration enterprise registration certificate from the Customs the customs documentation of enterprises in accordance with the provisions of article 17th; (h) apply for a customs broker for establishing a branch registration of other materials.
    20th article customs declaration enterprise registration procedure whether or not to grant customs area Branch Office registration decisions. Section III the Declaration enterprise registration restrictions

    21st article customs enterprise can in made registered registration license of directly under the Customs shut district within the port to or Customs regulatory business concentrated to engaged in customs service, but should in intends engaged in customs service of port to or Customs regulatory business concentrated of locations law established branch institutions, and in carried out customs service Qian, holding this provides 19th article (ii), and (three), and (five), and (six) items provides of file material and branch institutions license to directly under the Customs record.
    Achieved registration of customs area customs branches shall be located in port or Customs Affairs of location service. 22nd article Declaration enterprise and its customs area branches two-year registration period.
    The licensee needs to extend the registration period, continuation should go through the registration formalities.
    Customs Broker without registration extended procedures continuation or the customs registration is not granted, from the date of loss of registration, districts across the branch registration terminated automatically.
    Fourth section customs enterprise registered registration license change and continued 23rd article customs enterprise and across shut District Branch institutions registered registration license in the has following content change of, should holding People's Republic of China Customs Customs Enterprise customs registered registration certificate, and enterprise change resolution, material original and the copies to written form to registered to customs application change registered registration license: (a) enterprise and branch institutions name; (ii) enterprise registered capital; (three) statutory representative people (head). Article 24th licensee apply for change of registration, registered in the Customs shall, in accordance with the registration procedure at first instance, and reported to the Customs office directly under the decision.
    Customs office directly under the law should be reviewed, to meet the legal conditions and standards, should be allowed to change, and make a decision on the change decision.
    Customs allowed to change registration branch of the customs broker and customs area, should be to the relevant administrative departments to be the change.
    25th article customs Enterprise handle registered registration license continued procedures should in validity expires 40 days Qian to customs proposed application and submitted following material: (a) registered registration license continued applications; (ii) enterprise corporate license copies; (three) customs business analysis, and customs errors situation and the reasons; (four) customs units situation registration form (see annex 2); (five) Customs think should submitted of other information.
    Obtained customs area Branch Office registration the Declaration enterprise to apply to the branches registered in the customs registration of extension shall submit: (a) the branch a copy of business license copy; (b) the Declaration enterprise to which they belong to the People's Republic of China Customs copy of business registration certificate. 26th Customs shall apply mutatis mutandis to the registration procedure before the expiry of the Declaration enterprise applications to be reviewed, to meet the conditions for registration, and in conformity with the laws and administrative regulations, the customs rules provide for continuation of registration subject to the other conditions, shall make a decision to approve the extension valid for two years.
    Failing to apply, the Department no longer accepts its customs clearance operations.
    Customs should be made before the expiry of the registration decision on whether to approve the extension; fails to make a decision, considered to approve the extension, according to law for it to carry out the registration renewal procedures.
    27th article customs no longer satisfy the registration conditions, or does not comply with the laws and administrative regulations, the customs rules provide for continuation of registration subject to the other conditions of the Declaration enterprise or branch offices, refuse to extend their registration.
    Fifth section customs enterprise registered registration license revoked, and cancellation and supervision 28th article has following case one of of, made registered registration license decided of directly under the customs, according to interest relationship people of requests or according to terms, can revoked registered registration license: (a) Customs staff abuse, and negligence made granted registered registration license decided of; (ii) beyond statutory terms made granted registered registration license decided of; (three) violation statutory program made granted registered registration license decided of;
    (Iv) do not qualify or granted an applicant who does not meet the statutory requirements for registration; (e) may revoke the registration of the other cases in accordance with law.
    Licensee by fraud, bribery or other improper means to obtain the registration shall be revoked.
    In accordance with the provisions of the preceding two paragraphs shall revoke the registration, may cause significant harm to the public interest, it shall not be annulled. In accordance with the provisions of the first paragraph of this article revoked registration, damages the legitimate interests of the licensee, the Customs shall give compensation for direct losses.
    In accordance with the provisions of the second paragraph of this article of revocation of registration, based on registration of the licensee's interests are not protected.
    29th article has following case one of of, customs should law cancellation registered registration license: (a) validity expires not continued of; (ii) Customs enterprise or its across shut District Branch institutions law terminated of; (three) registered registration license law was revoked, and withdrawn, or registered registration license pieces law was revoked of; (four) for force majeure led to registered registration license matters cannot implementation of; (five) legal, and administrative regulations provides of should cancellation registered registration license of other case.
    30th superior Customs shall strengthen the supervision and inspection on subordinate customs registration, implementation of correct licensing violations.
    31st article Declaration enterprise registration decision is made outside of the customs area, and engaged in the service of, violations of Customs shall be the Declaration Enterprise directly under the illegal facts, results a copy of registration decisions of regional customs. 32nd article customs legally to the Declaration enterprise to engage in service activities and site monitoring and on-site inspections, inspect or require the Customs Broker to submit relevant materials according to law.
    Customs Broker shall cooperate with and provide relevant information and materials. Chapter III registration of declaration unit 33rd article Declaration enterprise after customs registration, the applicant should be to register with the Administrative Department for industry and Commerce licensed projects, and industrial and commercial administrative department within 90 days from the date of registration registration formalities to local customs.
    Overdue Customs shall not grant registration.
    34th article customs enterprise application handle registered registration, should submitted following file material: (a) directly under the Customs registered registration license file copies; (ii) enterprise corporate license copy copies (branch institutions submitted license); (three) tax registration certificate copy copies; (four) bank account proved copies; (five) Organization institutions code certificate copy copies; (six) customs units situation registration form, and customs units management personnel situation registration form (see annex 3);
    (VII) the Declaration Enterprise copy of employment contract signed with the Customs Broker employed by and (VIII) other registration-related documents and materials.
    35th article import and export cargo to receive consignor shall comply with the requirements to local customs declaration entity registration formalities.
    Consignor or consignee of import and export goods in customs registration in People's Republic of China within the customs control points or customs regulation focus on the place where the business of customs operations. 36th article import and export goods transceiver goods people application handle registered registration, should submitted following file material: (a) enterprise corporate license copy copies (personal owned, and partnership enterprise or individual industrial and commercial households submitted license); (ii) foreign trade operators registration record table copies (legal, and administrative regulations or Commerce provides not need record registration of except); (three) Enterprise articles copies (non-corporate from submitted); (four) This provides 34th article (three), and (four), and (five), and
    (Vi) provision of documentation and (v) other registration-related documents and materials.
    37th article customs on registration registration materials are complete, whether to comply with the statutory format checks.
    Application materials are complete refers to customs in accordance with these conditions require the applicant to submit all of the required materials complete.
    Application materials comply with the statutory format refers to the application materials comply with the statutory time limit, recorded matter conform to statutory requirements, document format specification.
    Application materials are complete, in compliance with the statutory form of the applicant issued by the registered in the customs of the People's Republic of China Customs brokerage business registration certificate or the People's Republic of China Customs import and export cargo to receive consignor registration certificate (see annex 4), customs units to Transact customs business.
    Article 38th of the People's Republic of China Customs declaration enterprise registration certificate valid for a period of two years, People's Republic of China Customs import and export cargo to receive consignor registration certificate valid for three years.
    Customs permit continuation of registration of enterprises should be carried out at the same time apply for renewal of the People's Republic of China Customs certificate of business registration procedures, import and export cargo to receive consignor shall, before the expiry of 30th to the registration and completion of customs formalities for the issuance.
    Due to the completion of customs formalities for the issuance, People's Republic of China Customs brokerage business registration certificate or the People's Republic of China Customs import and export cargo to receive consignor registration certificates expire automatically. 39th article import and export cargo to receive consignor who the replacement should be registered in the customs with the following information: (a) copy of business license copy (sole proprietorship, partnership or individual submitting a business license), and (ii) copies of foreign trade operator registration (stipulated by laws, administrative regulations, or the Department of Commerce does not require registration);

    (Three) People's Republic of China foreign investment enterprise approved certificate, and People's Republic of China Taiwan, and Hong Kong, and o, and overseas investment enterprise approved certificate copies (limited foreign investment enterprise submitted); (four) customs units situation registration form; (five) Customs situation registration form (see annex 5) (no customs of hands-free make); (six) customs units management personnel situation registration form.
    40th materials complete, in compliance with the statutory form of declaration by registered customs issue of the People's Republic of China Customs brokerage business registration certificate or the People's Republic of China Customs import and export cargo to receive consignor registration certificate. 41st article following units not made foreign trade operators record registration form, according to national about provides need engaged in non-trade sex import and export activities of, can handle temporary registered registration procedures: (a) outside enterprise, and news, and trade institutions, and culture groups, law in China territory established of permanent representative institutions; (ii) few samples inbound and outbound of units; (three) State, and school, and research hospital by, organization institutions; (four) temporary accept donation, and gift, and international assistance of units; (five) international ship agent Enterprise
    (Vi) other units engaged in non-trade imports and exports.
    42nd temporary registration unit to the customs declaration shall, before the proposed entry and exit ports or customs customs supervising and managing business registration procedures for provisional registration.
    Article 43rd temporary registration shall bring the issue of delegated or authorization certificate and evidence of sufficient non-trading activities. 44th temporary registration of Customs shall issue registration certificates.
    Only issue temporary customs registration certificate.
    Temporary registration for a maximum period 7th, laws, administrative regulations, customs regulations, except as otherwise provided.
    Already go through the customs registration of the consignor or consignee of import and export goods, the Customs shall not apply for provisional registration.
    Fourth chapter customs units change and cancellation registered registration 45th article customs Enterprise made change registered registration license Hou or import and export goods transceiver goods people units name, and Enterprise nature, and Enterprise residence, and statutory representative people (head), customs registered registration content occurred change of, should since approved change of day up 30th within, to registered to customs submitted change Hou of business license or other approved file and the copies, handle change procedures. Article 46th customs unit commits any of the following circumstances, shall report in writing to the registration and the customs.
    Customs in settles about procedures Hou, should law handle cancellation registered registration procedures: (a) bankruptcy, and dissolved, and itself gave up customs right or division into two a above new enterprise of; (ii) was business administration organ cancellation registration or revoked license of; (three) lost independent bear responsibility capacity of; (four) Customs Enterprise lost registered registration license of; (five) import and export goods transceiver goods people of foreign trade operators record registration form or foreign investment enterprise approved certificate failure of;
    (Vi) other circumstances that warrant the cancellation of registration according to law. The fifth chapter customs duties and obligations Article 47th the enterprises engaged in customs declaration service, shall perform the following obligations: (a) comply with the provisions of laws and administrative regulations, customs regulations, and fulfill agent functions, with customs supervision shall not be illegal abuse of the right, (ii) to establish account books and business records.
    Real, and right, and full to records its by delegate handle customs business of all activities, detailed records import and export time, and received shipping units, and customs number, and goods value, and agent fee, content, full retained delegate units provides of various single card, and notes, and correspondence, accept customs inspection; (three) Customs enterprise should and delegate party signed written of delegate agreement, delegate agreement should contains Ming trustee customs Enterprise name, and address, and delegate matters, and both responsibility, and term, and client of name, and address, content, by both signed chapter confirmed;
    (D) shall not transfer in any form the name, for others of customs clearance operations; (v) for goods smuggling case involving violations of customs agent shall receive or assist the Customs for investigation. 48th article customs must keep the registration certificate issued by the Customs and other related documents. Lost, the customs broker shall promptly in writing to the Customs and Excise Department to explain the situation, and in the press statement of cancellation. Customs received instructions and press statements to prove the date of 30th should be reissued.
    During the replacement period, customs units can handle customs clearance business. 49th to the customs declaration entity submit paper import and export declarations must be stamped with the Special seal for the Declaration of the entity.
    Customs seal shall be filed with customs before the opening.
    Customs seal shall, according to the General Administration of customs uniform requirements of the engraving.
    Declaration enterprise the Special seal only the ports indicated in its declaration or customs supervising and managing business use, each port or customs supervising and managing business customs seal should be only 1.
    Import and export Customs seal of consignor or consignee of the goods can be used in all ports of the country or General Customs supervising and managing business, have many customs seal, shall indicate the order number. 50th customs units of customs broker to leave, shall from the date of departure of customs declaration to the customs in the 7th document to customs registration and customs documents to be cancelled.
    Customs brokers are not returned to the customs documents to customs units, customs unit shall, in the press statement of cancellation, cancellation formalities and customs to register.
    51st article import and export cargo to receive consignor shall not delegate did not make the registration and the units or individuals that are not registered in the customs declaration services.
    Sixth chapter legal liability article 52nd customs declaration in violation of this provision, customs in accordance with the People's Republic of China Customs law and the People's Republic of China and other relevant provisions of the regulations for the implementation of customs administrative punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    53rd article customs units has following case one of of, customs be warning, ordered its corrected, and can at Yuan 1000 Yuan above 5000 Yuan following fine: (a) Customs Enterprise made change registered registration license Hou or import and export goods transceiver goods people units name, and Enterprise nature, and Enterprise residence, and statutory representative people (head), customs registered registration content occurred change, not according to provides to customs handle change procedures of; (ii) not to customs record, unauthorized change or enabled "Customs dedicated chapter" of;
    (C) the respective Customs exit, failing to report and go through the relevant formalities to the customs.
    Seventh chapter supplementary articles article 54th applicants relevant documents in accordance with customs regulations, submit photocopies, should be positive (Deputy) of the original customs audit.
    55th article of the People's Republic of China Customs brokerage business registration certificate and the People's Republic of China Customs import and export cargo to receive consignor registration certificate, the customs clearance unit registration form, the customs management registration form, the Customs Broker registration form, certificate and form unified style by the General Administration of customs.
    56th article of the provisions interpreted by the General Administration of customs. 57th these provisions come into force on June 1, 2005. The General Administration of Customs released on September 9, 1992, the People's Republic of China Customs on Customs and customs management regulations (customs, 36th), released on October 24, 1994, the People's Republic of China Customs regulations on the management of professional customs broker (customs, 50th), released on July 6, 1995, the People's Republic of China Customs regulations on the management of agent Declaration enterprises (the General Administration of customs, 52nd), the                                                    Customs on foreign trade operators of customs clearance registration particulars of the notice ([2004]25), the General Administration of customs on the formalities of Customs Declaration and registration of enterprise registration notice ([2004]26) repealed simultaneously.

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