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

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(October 24, 2005, the General Administration of Customs released the 131th been in force since January 1, 2006) list of chapter II regulations chapter I General provisions section I section II section III of the draft project review of the fourth amendment and repeal the section considered and the fifth section other normative documents of the sixth section explains in chapter Chapter fourth supplementary provisions chapter I General provisions article in order to strengthen the customs rules
    Chapter and other normative documents (hereinafter referred to as the customs legislation) management, standardized procedures to ensure quality, in accordance with the People's Republic of China legislative provisions of the Act and the relevant regulations of the State, combining with the actual customs, these provisions are formulated.
    Provisions of this article apply to the General Administration of customs, customs, within the terms of reference according to procedures pursuant to the provisions of regulations and other normative documents on the project, drafting, review, decisions, publication, record, interpret, amend, repeal and other legislative activities.
    General Administration of customs jointly with relevant departments under the State Council formulated and promulgated regulations and other normative documents to publish by notice, these provisions shall apply.
    The provisions of article III of the said regulations, refers to the General Administration of customs, in accordance with the rulemaking procedures Ordinance and the rules formulated and promulgated regulations.
    Other regulatory documents in these rules, and is directly under the General Administration of customs and the Customs development and with Chinese customs or customs notice published concerning the administrative rights, obligations and universally binding files.
    Fourth complete, comprehensive specification for some sort of customs administration, and rights and obligations of the administrative relative person shall be formulated by the General Administration of customs regulations.
    Regulations shall be subject to approval, draft, for comment, Legal Department, submitted for consideration, the Department will review, publication and other procedures.
    Fifth article Customs may, in accordance with the provisions relating to rights and obligations of the administrative relative person specific make provisions, in the form of announcements published.
    Directly under the customs districts may, in accordance with the provisions of the matters involving administrative relative person of rights and obligations in provisions, the development of management standards, in the form of announcements published.
    Announcements should be carried out in accordance with the relevant procedure document management.
    Sixth article customs legislation work should meet following principles: (a) meet Constitution, and legal, and administrative regulations and other upper method of provides; (ii) guarantees administration relative people of lawful rights and interests of; (three) reflected customs of terms and responsibility phase consistent; (four) Science specification administrative behavior, right perform government functions; (five) facts, practical, easy operation; (six) public transparent; (seven) meet streamlined, and unified, and effectiveness of requirements.
    Seventh article customs regulations and other normative documents in the publication, publication shall be subject to the Customs before the Department of Legal Affairs for review.
    Eighth article customs regulations and other normative documents should be structured, comprehensive, formal specification, clear, accurate and concise use of words.
    Nineth customs regulations and other normative documents were released, released through customs Internet site, customs bulletins and other means to the general public.
    Tenth files have one of the following circumstances shall, in process as a basis for implementation of customs administrative enforcement, not binding on the administrative relative person: (a) with the Constitution, laws, administrative regulations, customs regulations and other upper contravene; (b) the Customs document relating to administrative rights and obligations but not complying with the provisions of regulations or in the form of announcement to the public.
    11th article customs legal sector is responsible for on national customs legislation work for guide, and supervision, bear customs is responsible for drafting of legal, and administrative regulations draft, and customs developed of regulations and the other normative file of plans, and organization drafting, and review, and supervision, work, is responsible for and national NPC legal sector, and State legal sector for contact, and coordination and the regulations record, work, is responsible for and national about sector legal institutions on regulations management work for contact.
    Guangdong Branch of the Department of Legal Affairs is responsible for assisting the General Customs Department of Legal Affairs to guide and coordinate customs legislation in Guangdong Province, according to the General Administration of customs to exercise legislative oversight function.
    Customs office directly under the Legislative Affairs Department of normative documents on the Organization in charge of districts on the drafting, review, coordination and recording work, responsible for the organization within the customs area of the Department issued by the laws and administrative regulations, the draft regulations and other normative documents for comments and feedback to the Department, is responsible for knowing the collection grass-roots law enforcement, legislative proposals.
    Chapter II section I project 12th article customs regulations implementing legislative system, March 1 of each year until the last day of February the following year for the legislative session, annual legislative plans set by the legislative session, identified the need to develop, revise the regulations project.
    13th article Customs Department of Legal Affairs is responsible for the annual legislative programme formulation, examination and inspection.
    The 14th article customs business sector considers it necessary to establish, amend rules, should be submitted before the new legislative session begins the project application, the General Administration of Customs Department of Legal Affairs.
    15th article submitted to formulate, amend the regulations to establish the project application should include the need for, 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.
    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. The 16th Guangdong Branch and regional customs deems it necessary to formulate, amend rules, it should be in the new legislative session before the start of this year's legislative recommendations to the Customs Department of Legal Affairs, and reported to the relevant business unit.
    Guangdong Branch of the Customs Department of Legal Affairs shall take the initiative to seek the Office and departments under the customs legislation.
    Content reference project of the legislative proposal in respect of an application.
    17th Customs Department of Legal Affairs to develop, amend the regulations to establish the project summary, coordinating the application, determine this year's legislative program and the Department responsible for drafting, elaboration of the General Administration of customs of the annual legislative programme, after consideration by the Department through the issuance of national customs.
    Customs Department of Legal Affairs shall, in accordance with article 18th annual legislative programme and to seek the views of relevant business departments, develop plans to implement a programme of legislation, including regulations, drafting Department, Project Director, contacts, time of completion and timing of each stage. 19th annual legislative programme should be strictly enforced. Customs Department of Legal Affairs is responsible for inspecting and supervising the implementation of the annual legislative programme 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.
    20th under any of the following circumstances, relevant departments of the Department may apply to adjust the legislation: (a) due to the urgency of the situation, need to be formulated and promulgated regulations immediately but could not be included in the annual legislative programme, (ii) due to the significant changes in the objective circumstances, the original project that has been included in the annual legislative programme should not be completed as originally planned. 21st article need adjustment legislation project of, according to following program handle: (a) about drafting sector to customs legal sector proposed need increased legislation project or legislation project need extension completed of written application; (ii) Customs legal sector on about drafting sector of application for review, does is this provides 20th article provides of case of, drafting on change legislation plans of signed reported, reported Department led approval; (three) Department led approved on legislation plans for adjustment of,
    Anew by the Customs Department of Legal Affairs prepared the legislative scheme implementation.
    Section drafted 22nd comprehensive regulation by the General Administration of Customs Department of Legal Affairs is responsible for drafting or drafting other regulations drafted by the departments concerned. Drafting departments may entrust the drafting of the relevant customs office directly under the specific.
    If necessary, can invite relevant government units, social organizations to participate in the drafting work.
    23rd the 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.
    24th draft rule should be provided to conduct legislative research, understanding problems in practice, and study domestic and foreign advanced experience and complete the survey.
    25th article regulations should according to case clear provides following content: (a) developed of purpose and according to; (ii) applies range; (three) competent organ or sector; (four) management principles; (five) specific management measures and do program; (six) Customs and administration relative people of right and obligations; (seven) legal responsibility; (eight) purposes date; (nine) need abolition of file or file in the of terms; (ten) other need provides of content. 26th rule 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.
    27th article drafting of regulations according to following case distinguish draft times: (a) drafting sector drafting completed intends sought the aspects views of, called "XX Division sought views draft"; (ii) drafting sector modified completed sent customs legal sector review of, called "trial draft"; (three) Customs legal sector on trial draft for modified Hou sought the aspects views of, called "policy regulations Division sought views draft"; (four) Customs legal sector sent Department within the sector for legislation review of, called "legislation review draft";
    (E) considered by the Customs Department of Legal Affairs will be submitted to the Department, referred to as "the draft". After the 28th regulations drafted shall consult the relevant units and departments within the Department, directly under the Customs and administrative relative person's views.
    Hearings may be in written comments, forums, feasibility study meeting, hearing and other forms.
    Article 29th of any of the following circumstances, drafting Department regulations draft shall be announced to the public, holds a hearing if necessary: (a) involves the vital interests of the administrative relative person; (b) for advice if there is a significant difference, (iii) other circumstances that need to be released to public. 30th article hearing should public held, and in accordance with following program organization: (a) held hearing of 30th Qian should announced hearing of time, and locations and content; (ii) according to situation through social public registration, and invited, form determine participate in hearing of about organ, and organization and citizens representative; (three) to participate in hearing of representative on drafting of regulations for explained and description; (four) participate in hearing of representative on drafting of regulations, right to questions and published views; (five) hearing should making record,
    Faithfully record the spokesman of the main views and reasons, and (vi) drafting departments should carefully study the hearing reflected a variety of views. 31st draft rule should be written at the same time the drafting instructions.
    Drafting description should including following content: (a) legislation of need; (ii) legislation of main according to; (three) existing of about normative file provides, whether need modified or abolition; (four) drafting process; (five) intends take of management measures and the feasibility analysis; (six) sought views situation and the adopted, and coordination situation; (seven) need description of other problem. Cannot reach an agreement through consultation to have different opinions, drafting Department shall indicate in the drafting instructions.
    To hold hearings and drafting instructions should indicate in the treatment of the case and the reasons for the hearing.
    Section III examines the submitted review 32nd regulations draft drafting instructions should be reviewed by the drafting Department signed by the head of Department of Legal Affairs.
    Several departments, has drafted regulations draft drafting instructions should be jointly signed by the drafting department heads reported to the Legal Department review.
    33rd article legal sector can requirements drafting sector will following material and regulations trial draft, and drafting description trial draft together submitted legal sector review: (a) and drafting regulations content about of normative file; (ii) Parties views of original material and the on adopted situation of description; (three) both at home and abroad about legislation of background material; (four) hearing record; (five) about research report; (six) other need submitted of material.
    34th article legal sector should from following aspects on trial draft for review: (a) whether meet Constitution, and legal, and administrative regulations and other upper method of provides; (ii) whether meet statutory permission and program; (three) whether meet legislation principles; (four) whether and other regulations phase coordination, and convergence; (five) whether has on about different views for coordination; (six) whether has legal feasibility; (seven) whether meet legislation technology requirements; (eight) need review of other content. 35th General Customs Department of Legal Affairs in the process of reviewing 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.
    Major amendment proposed in the review process of the legal sector, shall consult with the drafting of the sector. Article 36th customs regulations should be rule of law sector in the review process draft and drafting instructions are sent within the Department for advice, if necessary, seek the views of relevant customs office directly under the unit. Comments should be in writing and, if necessary, to hold seminars.
    Customs Department of Legal Affairs needed to conduct legislative research, and in accordance with the procedure provided for hearing.
    37th article regulations trial draft has following case one of of, customs legal sector can be stride or returned drafting units: (a) developed regulations of basic conditions is not mature of; (ii) drafting units not and about sector for consultations of; (three) about sector on trial draft of content has larger dispute and reason more full of; (four) trial draft by attached material not complete of; (five) not by provides program handle of; (six) other should not be submitted Department works will considered of situation.
    Stride or return the draft submitted by the drafting units according to the requirements of the regulations to correct meets the conditions for review, may, in accordance with the prescribed procedure submitted to the Legal Department for review. 38th General Customs Department of Legal Affairs shall be brought to the Department before considering legislative review draft regulations will be sent across departments for review.
    No disagreement to the departments within the Department, Department in charge shall sign on the review.
    Significant amendments, shall be written and signed by the Department Chief.
    39th Customs Department completed its review of the legislative review of the draft regulations of the legal system after you modify the work, form and preparation of notes on the draft regulations.
    The fourth section considered 40th rule shall be considered by the Customs Department will decide.
    41st General Customs Department of Legal Affairs has come after a review concluded that the draft regulations, may be submitted to the Department for consideration, shall, upon application, services will be held.
    42nd services considered the draft regulations, customs service head of the Legal Department for preparation of notes on the draft regulations, drafting departments can provide additional information on specific issues.
    Draft regulations for the 43rd after 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, article deleted in accordance with legislative requirements, 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, rule shall be published in the 30th after consideration by the Department through.
    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.
    The 44th article customs and other departments of the State Council jointly announced the Department will discuss the draft regulations should be adopted in accordance with the principles and document procedures issued by the Director after the joint announcement issued by the Department. Hosted by other departments under the State Council and the joint regulations released by the General Administration of customs law and customs departments and after comments from relevant departments.
    Should, in principle, the General Administration of customs law submitted to the Department will consider for adoption, special cases, approved by the Director, issued by the competent leadership.
    Article 45th General Customs Administration 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.
    46th save in exceptional cases, the regulations shall come into force at least 30th after the date of promulgation.
    Within 30th after the 47th regulation, the General Administration of customs of the rule of law sector in accordance with the relevant administrative rules and regulations procedures and requirements for specific regulatory filing procedures.
    48th regulations upon signing and promulgation should be published in the Gazette of the General Administration of customs.
    Regulations text to text published as the standard text of the Gazette of the General Administration of customs.
    49th foreign official translations of regulations should be organized by the Customs Department of Legal Affairs translation, or audited.
    Fifth Amendment and repeal article 50th under any of the following circumstances, regulations should be modified as follows: (a) the amendment or repeal of relevant laws and administrative regulations, need to be revised, (ii) any changes, you need to increase or decrease or change the content of and (iii) should be modified.
    51st rule modifying the smaller, did not change the provisions of order and structure of the decision can be modified by the drafting Department drafted regulations, regulatory procedures, reviewed by the Legal Department and submitted after the consideration by the Department, a Department order form 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.
    52nd article met has following case one of of, regulations should timely abolition: (a) for about legal, and administrative regulations abolition or modified, lost developed according to or no necessary continues to implementation of; (ii) for provides of matters has implementation finished or for reality changes, no necessary continues to implementation of; (three) new of regulations has replaced has old of regulations of; (four) other should be abolition of situation.
    53rd on the need to repeal or lapsed by the Customs General Administration of the regulations expressly repealed or declared invalid.
    On new regulations to replace the old rules should be listed in the regulations in the new inventory, replaced explicitly repeal regulations.
    Sixth section explains the 54th rule of right to interpret the General Administration of customs, customs departments and Customs has the right to explain the regulations.
    55th rule any of the following circumstances, can be explained as follows: (a) rules of the need to further clarify the specific meaning of; (b) the enactment of regulations there is a new situation, need to be clearly applicable regulations based on the.
    Guangdong Branch of the 56th Department, customs can make to interpret regulations to the General Administration of customs, the General Administration of Customs also take the initiative to explain the regulations. 57th rules explanation by the original drafting Department regulations drafted, can also be prepared by the Customs Department of Legal Affairs. Regulations explain the drafting after the Customs Department of Legal Affairs in conjunction with drafting instructions should be reviewed.
    Customs General Administration approval law departments, and submitted to the Department will review a decision, announced and in the light of the rules of procedure be published in the form of the General Administration of customs.
    Article 58th of the interpretation of customs regulations and rules shall have the same effect.
    59th law authorized Customs and administrative regulations are interpreted, mutatis mutandis, the above-mentioned 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.
    Administrative interpretation apply mutatis mutandis the above procedures, customs rules and have the same effect.
    Other normative documents of the 60th chapter of customs administrative counterpart for development of normative documents requirements to comply with or perform, shall be announced to the General Administration of Customs released but not set administrative relative person of the administrative penalty. 61st through Chinese customs documents (hereinafter referred to as Chinese customs) should be in accordance with the official procedure.
    Drafting departments to complete the drafting should be sent together with the drafting instructions after Customs Department of Legal Affairs for review.
    62nd article customs legal sector in on Customs announcement draft for review Shi should note review following aspects: (a) legitimacy, whether has and legal, and administrative regulations, and regulations phase conflict of content, whether meet provides of program, whether beyond statutory permission; (ii) openness, foreign announcement content whether and internal notification separate; (three) normative, issued a form, and terms, aspects whether specification; (four) coordination sex, and other normative file whether coordination, and convergence; (five) other should review of aspects.
    63rd General Customs Department of Legal Affairs under review have different views on the draft Chinese customs, shall consult with the drafting of the sector.
    64th in the form of announcements published normative documents such as the need to modify or repeal shall be announced to republish the forms shall not be replaced by other forms of official documents to be. 65th directly under the administration of customs districts developed with regard to the one involving the relationship between rights and obligations of the administrative relative person specification, 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.
    66th customs in accordance with the provisions of normative documents in the form of announcement (hereinafter Customs notice) shall be limited to the following circumstances: (a) the circumstances unique to the customs area, (ii) normative document according to the General Administration of customs with regard to administrative rights, obligations, specific operating procedures. Customs notice belongs to the General Administration of customs have not been explicit, should be approved by the General Administration of customs.
    Related customs notice shall be approved by the General Administration of customs to Customs office directly under the name of the publication. 67th immediate notice shall be determined by the Commissioner of Customs Law Department or business unit drafted. Drafting departments during the drafting process should listen to the views of the relevant departments of the customs area, can also listen to the units and the views of the administration.
    Listen to written comments, forums, feasibility study meeting can take many forms. 68th customs departments directly under the announcements in the drafting of the draft after the notice should be sent the Department of Legal Affairs in conjunction with drafting instructions to review your presentation. Customs notice drafted by the Legal Department to review business unit refer to the Customs Department of Legal Affairs review the notice requirements and submit a written review.
    Districts when necessary again to seek the relevant departments and the views of the administration.
    69th Customs notice of the content belongs to the required approval of the General Administration of customs or other important matters shall be subject to customs or Office meeting to consider the decision by the Commissioner.
    70th article Customs notice should be submitted to the General Administration of Customs since the release date 15th record.
    Submitted for the record of the 71st article customs posts should be directly under the form of filing reports sent the General Administration of customs and Customs notice diameter Department of Legal Affairs, and submitted electronically by the regulation, and relevant competent departments of the copy Department. 72nd article Customs office directly under the Department of Legal Affairs shall be responsible for the clearance of Customs notice of the work submitted for the record.
    The General Administration of customs inspection and supervision departments to record the work of the legal system.
    Customs notice of the 73rd article to submit for 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.
    74th registration of Customs notice published periodically by the General Customs Department of Legal Affairs directory.
    75th article customs service directly under the Legislative Affairs Department to submit for the record the Customs notice, review on the following issues: (a) it is ultra vires, and (b) it contravenes the provisions of the law and (iii) other content should be reviewed.
    76th General Customs Department of Legal Affairs may request relative to the Customs office directly under the announcements submitted for the record business unit to assist the audit opinion, the relevant business unit shall provide assistance.
    77th, upon examination, submit the record Customs notice beyond rights, contravenes the provisions of the law or any other major issues, by the General Customs Administration Department of Legal Affairs recommends that the Customs office directly under the correct itself, or by the Customs Department of Legal Affairs put forward opinions and leadership decisions.
    The fourth chapter by-laws drafted 78th article customs laws and administrative rules and procedures provided for in these provisions shall apply mutatis mutandis.
    79th for violation of the provisions of the development of regulatory documents, Customs may be ordered to be withdrawn within a time limit, on relevant regulatory documents, and the relevant entities and persons giving notice of criticism or sanctions. 80th these provisions come into force on January 1, 2006.
                                                                                                            Published on October 28, 2002, the customs management of normative documents repealed simultaneously.

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