General Administration Of Customs On The Revision Of The People's Republic Of China Customs On The Territory Of The Road Carriage Of Goods Under Customs Supervision By Transport Companies And Their Vehicles, Drivers Of Administrative Policy Decision

Original Language Title: 海关总署关于修改《中华人民共和国海关关于境内公路承运海关监管货物的运输企业及其车辆、驾驶员的管理办法》的决定

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@S General Administration of customs on the revision of the People's Republic of China Customs on the territory of the road carriage of goods under customs supervision by transport companies and their vehicles, driver management decision of s@ (November 30, 2004, the General Administration of Customs released the 121th been in force since January 1, 2005) for the implementation of the People's Republic of China Law on administrative licensing, change function, code enforcement, enhancing the transport in carriage of goods under customs supervision by corporate and management of transit transport operations, According to State March 2003 released of State on canceled second batch administrative approval project and change a administrative approval project management way of decided (country sent [2003]5,) on canceled carrier territory Customs regulatory goods transport vehicles driver registration registered of about provides, decided on People's Republic of China Customs on territory highway carrier Customs regulatory goods of transport enterprise and vehicles, and driver of management approach in the part terms for following modified: a, and will second article " Mentioned in these measures refers to domestic transport companies, vehicle, driver, and was registered by the Customs according to these measures, engaged in the transport of goods under customs supervision within enterprises, vehicles and drivers. "Amended to read" mentioned in these measures refers to domestic transport companies, vehicle, driver, is registered pursuant to these measures by customs or registration, in the territory of customs supervising and managing cargo transport companies, vehicle, driver. "Second, third" transport companies, vehicle, driver, need to apply to the business districts located directly under the customs registration registration procedures. "Amended to read" transport enterprises, vehicles shall apply to the business districts located directly under the customs registration registration procedures, the pilot should go through the registration formalities. "Third, fourth section" customs of the transport companies, vehicle registration information, driver of the computer network management, data sharing, not to proceed with filing procedures in different places. "Amended to" customs of the transport companies, vehicle registration information, as well as registration of driver information computer network management, data sharing, not to proceed with filing procedures in different places. "Four, sixth by deleting the fourth, the fifth to the fourth, and added a fifth:" (v) carry customs supervision of goods vehicle drivers list and registration information. Enterprise replacement of drivers should be required for drivers of change to the customs formalities in time.     "In article five, will be the 11th" the driver of the carriage of goods under customs supervision shall meet the following eligibility requirements "with the words" Customs supervising and managing cargo pilots shall comply with the following conditions of carriage ".     Six, and will 12th article in the of "driver handle registered registration Shi, should to customs submitted following file" modified for "driver handle record registration Shi, should to customs submitted following file"; will the article subsection (a) items in the of "carrier Customs regulatory goods territory transport vehicles driving member registered registration application table" modified for "carrier Customs regulatory goods territory transport vehicles driver record registration form". Seven, the 13th "driver's examination by the customs, business training in a registered Customs Organization, awarded after passing the training of the People's Republic of China territory bus driver of the carriage of goods under customs supervision certificate (see annex 5, hereinafter referred to as the certificate). "Is amended as" the driver of the carriage of goods under customs supervision shall understand and become familiar with the customs laws and related regulations, Customs Organization participated in various business training.     "And the deletion of annex 5 of the People's Republic of China territory bus driver of the carriage of goods under customs supervision certificate.     Section eight, 14th, 16th, 18th and 27th in the fifth "of the qualifications" were changed to "related documents".     In the ninth, 15th and 30th of the "driver" should be deleted. Ten, the 20th in the "use of the certificate by the driver himself, and may not be loaned or transferred to another person.     "Should be deleted.     In article XI of the 29th "disqualified from engaging in related business or professional qualification" with the words "stop it from engaging in related activities".     In article 12, the 32nd "according to these measures registration" with the words "in accordance with this approach".     In addition, under the provisions of this decision on the part of the text and the serial number for the appropriate modification and adjustments.     This decision shall enter into force on January 1, 2005.       People's Republic of China Customs on the territory of the road carriage of goods under customs supervision by transport companies and their vehicles, driver's regulations making corresponding amendments in accordance with this decision, republished.     Attachment: People's Republic of China Customs on the territory of the road carriage of goods under customs supervision by transport companies and their vehicles, driver management (revised 2004) (September 27, 2001, the General Administration of customs, the 88th release, November 30, 2004, of the General Administration of Customs released the 121th the Customs on modification of People's Republic of China Customs on the territory of the road carriage of goods under customs supervision by transport companies and their vehicles, driver's decision to amend the management approach) Chapter I General provisions     First order to carriage of goods under customs supervision by transport companies and their vehicles, driver management, in accordance with the People's Republic of China Customs law (hereinafter referred to as the Customs Act) and other related laws and regulations, these measures are formulated.     Article mentioned in these measures refers to domestic transport companies, vehicle, driver, is registered pursuant to these measures by customs or registration, in the territory of customs supervising and managing cargo transport companies, vehicle, driver.     Article transport companies, vehicle shall apply to the business districts located directly under the customs registration registration driver should go through the registration formalities.     The fourth customs registration of transport companies, vehicle information and registration of driver information computer network management, data sharing, not to proceed with filing procedures in different places. Second chapter registered registration fifth article carrier Customs regulatory goods of transport enterprise, should has following qualification conditions: (a) engaged in goods transport business 1 years above, registered funds not below 2 million Yuan Yuan; (ii) according to customs method 67th, and 68 article provides, has has perform Customs Affairs guarantees capacity of corporate, and other organization or citizens provides of guarantees; (three) enterprise financial system and books management meet national about provides; (four) Enterprise funding letter good,     No illegal record in the transportation business.     Sixth article transport enterprise handle registered registration Shi, should to customs submitted following file: (a) carrier Customs regulatory goods territory transport enterprise registered registration application table (see annex 1); (ii) business administration sector issued of license copies; (three) traffic transport management sector issued of road transport business license copies; (four) technology supervision sector issued of People's Republic of China organization institutions code card (Xia said organization institutions code card) copies;     (E) carry customs supervision of goods vehicle drivers list and registration information enterprises to replace the driver, shall be required for drivers of change to the customs formalities in time.     This section (b), (c), (d) files, should also show the original customs audit.     Seventh article customs of transport enterprises of qualification audit and submit the relevant documents of, qualified shall issue a customs control goods carried by road transport companies in the registration certificate (see annex 4, hereinafter referred to as the certificate of registration). Article eighth vehicles carrying goods under customs supervision shall be a van or container trucks, and approved by the customs as well as bulk freight. Above vehicles should has following conditions: (a) for carrier Customs regulatory goods of vehicles, must for transport enterprise of owned vehicles, its motor vehicle car driving card of owners column name must and belongs transport enterprise name consistent; (ii) van type truck of van body must and frame fixed one, van body must for metal structure, no dark grid, no partition, has Shi seal conditions, car connection of Luo silk are must welding died, car two door Zhijian must to plate phase card, guarantee Shi seal Hou cannot opened; has special need, needed added open side of,     Subject to approval by the customs, and conform to the Customs supervising and managing requirement; (c) the container trucks must carry a container that meets international standards and (d) bulk freight can only do not have sealed conditions of carriage of bulk cargo, such as ore, food and very large mechanical equipment, such as (v) engaged in the transport of special cargo vehicles must submit ratification documents of the competent Department. Nineth article handle vehicles registered registration Shi, should to customs submitted following file: (a) carrier Customs regulatory goods territory transport vehicles registered registration application table (see annex 2); (ii) police traffic management sector issued of motor vehicle driving card copies; (three) carries dangerous goods of vehicles needed submitted police fire sector issued of flammable easy burst chemical items associate shipped card copies; (four) vehicles color photos 2 Zhang (requirements: ahead left side 45 °, 4x3 inch; can clear displayed license plate number     ; Front and side panel of carriage spray write name of the enterprise).     This section (b), (c) files, should also show the original customs audit.     Article tenth of regulatory conditions and related documents for approval by the customs, qualified, issue the People's Republic of China carrying motor vehicles in the territory of customs supervision of goods vehicles must contain permit (see annex 5, hereinafter referred to as the subject contains certificate), the People's Republic of China Customs register of loading of cars carrying goods under customs supervision in the territory (see annex 6, hereinafter referred to as the loading of cars register).     11th drivers carrying goods under customs supervision shall conform to the following conditions: (a) the People's Republic of China identity card; (b) to transport workers and (iii) no criminal record; (d) to comply with customs regulations.     When the 12th driver to register, shall submit to the Customs the following documents: (a) the Customs supervising and managing cargo transport carriers of the driver of the vehicle registration form (see annex 3); (b) the driver's national identity card, the motor vehicle driving certificate (copy); (c) the driver's color photo 2 (sizes: 1 inch, hat, red).     This section (ii) files, should also show the original customs audit.     13th article customs supervising and managing cargo carriers pilots should be aware of and familiar with the customs laws and regulations, Customs Organization participated in various business training.     The 14th article of the registration certificate, the loading of the car register, containing certificate and other relevant documents updated, may in original to the customs registration and issue a new card, book; such as the above, book of damaged, lost or stolen, a registered customs audit case, be issued retrospectively.     15th transport companies, vehicle year audit work completed by the end of May each year, in accordance with the above eligibility conditions under annual review.     16th transport companies, vehicle, the driver is no longer engaged in the Customs supervising and managing cargo transport operations should return the registration certificate to register the customs, the loading of the car registration book, contains certificates and other relevant documents, the process.     Replace 17th (including replacement, replacement of the engine, replace the license plate numbers of vehicles), modified body, should be re-registration procedures as provided herein.     Chapter III article customs supervising and managing the 18th when the driver engaged in the carriage of goods under the customs supervision, shall produce the subject contains certificates and other related documents, truthfully submit the loading of cars register; after arrival of the goods at destination, customs offices of destination of the vehicle must be laden register verification procedure.     19th the driver's carriage of goods under customs supervision shall be complete, timely arrival of specified supervisory areas, and to ensure that Customs seals intact, without the Customs permission, and shall not be opened.     Register of the 20th the loading of vehicles and the load certificate from vehicle use.     Article 21st satellite positioning vehicle management, satellite positioning management system supporting the use of identity card (IC) cards and the register of the loading of the car has the same effect.     22nd transport enterprises, drivers should take care about certificates, book issued by the Customs shall not lend, altered, intentionally damaging. 23rd vehicles carrying goods under customs supervision shall be as specified in the Customs line and requirements, and delivered within the time frame stipulated in the Customs Office of destination.     Without changing the route, stopover and handling goods.     24th in exceptional circumstances, during the transportation of the vehicle fails, needs change when other means of transport, shall immediately notify the Customs Office nearby, under the supervision of the Customs and dress up, near the customs are responsible for promptly of any change notice of departure and Office of destination of the goods.     25th article customs supervising and managing cargo in transit loss, shortage or damage, except for force majeure, transport enterprises shall bear the corresponding tax liability and other legal responsibilities. The fourth chapter legal liability article 26th transport enterprises, drivers smuggling violations, by the customs in accordance with the People's Republic of China Customs law and the People's Republic of China relevant provisions of the regulations for the implementation of customs administrative punishment for punishment.     Constitute a crime, criminal responsibility shall be investigated according to law. 27th article transport enterprise, and driver, has following case one of of, by Customs ordered corrected, can give warning: (a) carrier Customs regulatory goods of vehicles not according to customs specified of route or range March of; (ii) carrier Customs regulatory goods of vehicles arrived or left established customs of locations, not according to provides to customs truthfully filled inspection car laden registration book or handle verification procedures of; (three) carrier Customs regulatory goods of vehicles in transport way appeared fault, cannot continues to driving, Needed dress up other transport tool Shi, driver or its belongs enterprise not to near customs or goods competent customs reported Ming situation and no due reason of; (four) not according to provides accept customs on vehicles and by contains goods for identification of; (five) lost, and damaged, and altered, and lent Customs issued of laden registration book, and associate contains card, related documents, hamper Customs regulatory work or effect handle customs about procedures of; (six) without customs license, unauthorized replaced vehicles (vehicles engine, and license plate number), and driver     ; Modified cars, vehicle, and (VII) transfer of transport enterprises for the carriage of goods under customs supervision by others on their behalf. 28th article transport enterprise, and driver, has following case one of of, can give warning, and suspended its 6 months within engaged in about business or practice industry: (a) has smuggling behavior of; (ii) 1 years within has 3 times above major violation Customs regulatory provides behavior of; (three) management poor led custody of Customs regulatory goods times occurred damaged or lost of; (four) without customs license, unauthorized opened or damaged customs added Shi Yu vehicles of seal records of; (five) without customs license,     To open the carriage of goods under customs supervision, replacement, modification, retain, transfer, replacing signs, diversion or other processing of; (vi) other necessary to suspend the relevant business or practice. 29th article transport enterprise, and driver, has following case one of of, customs can revoked its registered registration or stop its engaged in about business: (a) constitute smuggling crime was judicial organ law processing of; (ii) 1 years within has 2 times above smuggling behavior of; (three) management not strict, 1 years within 3 passengers above was customs suspended practice industry, and canceled practitioners qualification of; (four) for violation provides was customs suspended engaged in about business or practice industry,     Recovery in business or practice within 1 year after the recurrence of violations of these rules relating to the suspended business or practice, and (v) other need to revoke its registration, or ceases to carry on the business case.     30th article for those who do not go through the years or fail to pass the annual examination of transport companies, vehicle, customs suspended for carrying goods under customs control procedures; 3 months not years overdue, automatically to abandon carriage of goods under customs supervision customs depending on the qualifications and be cancelled and recover the document.     31st transportation enterprise by the Administrative Department for industry and commerce shall revoke business license or eligibility for carriage of goods by road traffic management departments, customs officers remove the Customs supervising and managing cargo transport carrier qualifications.     Fifth chapter supplementary articles article 32nd manufacturing its own vehicles and their drivers, need to carriage of goods under the customs supervision of the enterprise, in accordance with the management approach.     33rd carriage of goods in transit the territory of road transport enterprises in transport and its vehicle, driver, management, mutatis mutandis, to these measures.     34th article of the way interpreted by the General Administration of customs. 35th these measures shall come into effect on January 1, 2005. Original People's Republic of China Customs on in Guangdong area carrying Customs regulatory goods of territory car transport enterprise and vehicles of management approach (Department prison [2001]19,), and People's Republic of China Customs on territory car carrying Customs regulatory goods of management approach ([89] Department goods word No. 950,), and People's Republic of China Customs on on straddling People's Republic of China Customs on territory car carrying Customs regulatory goods of management approach applies range problem of reply (Department prison a [1990     ], No. 958) on forwarding between Hong Kong and Macau, and freight car shunt management workshop summary of the notice ([90], No. 345, Department supervisor) be repealed simultaneously. Annex: 1. carrier Customs regulatory goods territory transport enterprise registered registration application table 2. carrier Customs regulatory goods territory transport vehicles registered registration application table 3. carrier Customs regulatory goods territory transport vehicles driver record registration form 4. territory highway transport enterprise carrying Customs regulatory goods registered registration certificate 5. People's Republic of China territory car carrying Customs regulatory goods vehicles associate contains card 6. People's Republic of China Customs territory car     Carriage of goods under customs supervision cargo register annex 1: Annex 2: Annex 3: Annex 4: contained in annex 5 shows the certificate issued by the former customs each year an audit, without examination and are no longer in force.     The contained certificates shall not be lent.       The contained certificates should be posted in the front windscreen.     Annex 6: instructions for use 1, the register is an effective customs control of goods certificate only registered in customs registration and customs-approved vehicles of domestic carriage of goods under customs supervision.     2, the items listed in the register by the driver of the goods itemized in accordance with customs code in all, truthfully.     3, in addition to registration by the customs registration and customs-approved vehicles, other vehicles may not carry a third of customs supervision of the goods.     4, when the carriage of import and export of goods under the customs supervision shall not be changed in the Middle, unloaded, loaded cargo, and assure the goods arrive in customs designated places, protect the seals intact. 5, the goods should be properly kept in the register, and shall not be lent or transferred.     This book collects the original issuing customs to apply for a new book, such as missing shall promptly report to the competent customs approval before they can be reissued. 6, this book printed by the customs, 120 pages.     This book may not be altered, torn pages, diversion, and otherwise in accordance with the relevant regulations.     7, if any violation of the customs regulations, by the customs in accordance with the relevant provisions of the Customs Act. 8, the customs of the carriage of goods under customs supervision at the Annual Registration shall be submitted to the register of the goods.

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