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Administrative Measures On Customs And Normative Documents

Original Language Title: 海关规范性文件制定管理办法

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(October 28, 2002 the General Administration of Customs released 98th) Chapter I General provisions article in order to strengthen the management of customs documents, standardize procedures, ensuring the quality of customs documents, according to the People's Republic of China legislative act and relevant regulations of the State, combining with the actual customs, these measures are formulated.
    II normative documents of the customs mentioned in these measures refers to the General Administration of customs, directly under the purview of the customs in accordance with provisions established, involving administrative rights, obligations and universally binding files, including customs regulations formulated in accordance with the regulatory procedure Ordinance and its explanation, Chinese customs and the Customs notice.
    This document other than the document draft and apply directly under the General Administration of customs and the customs with regard to relevant provisions of document processing, but which relates to the management of the relative rights and obligations, customs documents should be enacted in accordance with this approach.
    Article custom projects of normative documents, drafting, review, decisions, publication, record, interpret, modify, repeal procedures apply.
    Fourth article developed customs normative file 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, guarantee normative file practical, easy operation; (six) guarantee normative file of public transparent; (seven) meet streamlined, and unified, and effectiveness of requirements.
    Article fifth customs rule of law institutions responsible for national normative documents of Customs work guidance, supervision, responsibility for the General Administration of Customs regulatory documents developed by the planning, organization, drafting, review, monitor and so on, with the NPC Law Agency, State agency liaison, coordination and regulation filing work, responsible for relevant departments of the State legal agencies on regulatory work to contact.
    Guangdong Branch of rule of law institutions responsible for assisting Customs legal guidance, harmonization normative documents by the Customs Administration in Guangdong Province, according to the General Administration of customs to exercise oversight functions.
    Directly under the customs districts legal body responsible for the normative documents on the planning, organization, drafting, reviewing, coordinating, publishing, records, and so on.
    Sixth article customs documents reviewed before release must pass through the customs law bodies.
    Article seventh draft Customs documents shall be structured, comprehensive, formal specification, clear, accurate and concise use of words.
    Eighth article Customs regulatory documents shall be through the Customs Internet site, customs bulletins and other means to the general public.
    Nineth following documents may not be as a basis for implementation of customs administrative enforcement process: (a) with the laws and administrative regulations, customs regulations and their interpretation of the host computer that contravene; (b) rights and obligations of customs documents relating to the administrative relative person but not complying with the provisions of regulations or notices; (c) the customs documents without legal review.
    Chapter ~23 regulations. tenth section projects relating to customs administration more complete and comprehensive specification of the relationship between on the one hand, and management of human rights obligations, regulations should be enacted by the General Administration of customs.
    11th regulations shall be subject to approval, draft, for comment, legal review, review, consideration by the Department Office, publishing and other procedures.
    12th annual system of the General Customs Administration introduced legislation, March 1 of each year until the end of February the following year for a legislative session, need to enact and amend regulations set by the legislative session the annual legislative programme.
    Annual legislative programme should be strictly enforced, in exceptional cases, led by the competent Department agreed that the rule of law institutions could make adjustments to the plan.
    13th article customs business sector considers it necessary to develop or modify rules, should be submitted before the new legislative session begins the project application, the General Administration of customs law agencies.
    14th to submit applications for regulatory approval, should include a regulatory necessity and feasibility, the main problems to be resolved, the current status quo, intends to establish the main system as well as drafting units project leader, Manager, intends to complete the drafting of the time such as description of the content.
    Elaboration of project application shall seek the views of relevant departments. 15th Customs acknowledged the need to develop or modify a rule, before the new legislative session begins and you can submit legislative proposals to the Customs legal organization, and reported to the relevant business unit.
    Content reference project of the legislative proposal in respect of an application.
    16th customs legal agencies to regulatory approval application summary, coordination to determine this year's legislative program and the Department responsible for drafting, elaboration of the General Administration of customs of the annual legislative programme, by the Department Office to discuss implementation.
    17th annual legislative programme shall include the name of the regulations, the drafting Department, project leader, completion time, and timing at each stage.
    Article 18th customs rule of law institutions responsible for the implementation of the annual legislative programme for inspection, supervision and adjustment. Before the start of the next legislative session, the General Administration of customs on the legal implementation of the annual legislative programme review, assess, and report to the leadership.
Included in the legislative programme but fails to complete the task of drafting the project, drafting Department has not completed due to the General Administration of customs bodies to make written explanations of the legal system, and to identify new finish. ~23. section II comprehensive regulations drafted 19th by the Customs General Administration legal bodies responsible for drafting or drafting other regulations drafted by the departments concerned.
    Applicable regulations in specific areas can also be commissioned Customs office directly under the draft.
    Article 20th Department responsible for drafting an administrative leadership to the program manager should be identified, and identify at least one familiar with customs, and legal expertise of the personnel in charge of drafting.
    Drafting of regulations involving multiple sectors may be made by the relevant departments, has sent a joint drafting groups, drafted by the main Department responsible for leading organizations.
    Article 21st draft regulations should be provided to conduct legislative research, understanding problems in practice, research at home and abroad advanced experiences and written research report.
    22nd article on one aspect of the Customs Administration to make parts or more comprehensive provision of regulations should be referred to as "rule"; of a Customs Administration to make more specific provisions of the regulations shall be known as "approaches"; under upper law on the General and specific operational rules called "rules".
    23rd article regulations should 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) implementation date; (nine) need modified or abolition of about file in the of terms; (10) other need provides of content. Article 24th drafted should be formed after draft regulations, hear relevant units, 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.
    25th draft regulations for any of the following circumstances 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. Article 26th draft regulations should be written the drafting instructions.
Drafting description should including following content: (a) legislation need, including management status, and problems,; (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 coordination situation; (seven) need description of other problem.
    ~23. section III examines the 27th submitted to the review of the draft regulations should be reviewed by the drafting Department signed by the head of rule of law institutions.
    Several departments, has drafted regulations draft shall be signed by head of drafting Department reported after legal review.
    28th article following material should and regulations trial draft together submitted legal institutions review: (a) drafting description; (ii) both at home and abroad about legislation of background material; (three) about legal according to; (four) and this regulations content about of normative file; (five) summary of Parties views; (six) hearing record; (seven) about research report; (eight) as needed developed implementation rules, should submitted implementation rules of main content and implementation rules intends introduced of time; (nine) other need submitted of material.
    (A), (c), (d), (e) for required documentation.
    29th article legal institutions main from following aspects on trial draft for review: (a) whether meet statutory permission and program; (ii) whether meet legislation principles; (three) whether and other regulations phase coordination, and convergence; (four) whether has on about different views for coordination; (five) whether has feasibility; (six) whether meet legislation technology requirements; (seven) need review of other content. Article 30th customs legal agencies to draft relevant questions for interested parties, seminars, hearings could be convened.
    When necessary to conduct research. Article 31st except in exceptional circumstances, the General Customs Administration institution shall, from the date of receipt of the draft of the legal system in the 30th to the draft review report, concerning the draft law, controversial issues in the coordination process and modify highlights, come to the conclusions of the review. Written review report shall be signed by the head of rule of law institutions feedback units.

    32nd article regulations trial draft has following case one of of, customs legal institutions 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 Office Conference 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 applying, according to prescribed procedures submitted to the rule of law institutions reviewed.
    Article 33rd drafting units according to the General Administration of customs bodies for the review of the legal system to modify the draft, draft regulations on form.
    Major amendments to the rule of law institutions in the process of reviewing comments, shall consult with the drafting.
34th rule needs and countersigned by the departments concerned under the State Council, draft regulations for review by the General Administration of customs law bodies and led by the Department issued evacuation-related sectors. ~23. the fourth section considered legal organization with the 35th customs according to the results of the review to decide whether the draft regulations submitted to the Department Office for discussion.
    Decision tabled, the General Administration of customs law agencies should sign the proposal considered by the Department Office. 36th Department Office for consideration, the rules should be decided. Consideration of the draft regulations, drafting unit head of drafting the draft regulations description description the Customs heads on the review of the legal system.
    Principal Customs office directly under the draft regulations as well as by delegates for business departments for the drafting instructions.
    37th draft regulations by the Department's Office after the meeting examined and approved in principle, amendments made in the drafting of the sector under consideration in conjunction with the General Customs Administration legal authority to modify the draft and draft programme, make an announcement signed by the leadership in the form of the General Administration of customs.
    For consideration in the draft not adopted by major disagreements of principle, the drafting Department in accordance with Department meetings required, in conjunction with the General Administration of customs law agencies, the business sector and sectoral coordination again be differences of opinions, discussion, proposed revised version submitted to the Customs Office again.
    Article 38th of customs and other departments of the State Council jointly issued a regulation in Department meetings to discuss the draft principles should be adopted and issued by the leadership after the joint press release issued.
    Hosted by other departments under the State Council and with the regulations issued by the General Administration of customs jointly issued by the leadership.
    39th General Customs Administration shall specify the ordinal name, regulations, Department Office will consider for adoption date, repeal of the relevant provisions, execution date, Director of branding, publication dates, and so on.
    Customs and other departments of the State Council jointly issued a regulation by the Director and heads of the joint departments announced jointly signed by, using the host command sequence number.
    Except in special circumstances, regulation should come into force after the 30th from the date of promulgation.
    40th regulations upon signing and promulgation should be published in the Gazette of the General Administration of customs.
    Within 30th after the 41st regulation by the Customs General Administration of rule of law institutions in accordance with the relevant administrative rules and regulations procedures and requirements to the legislative bodies for the regulatory filing procedures.
    42nd rule text to text as the official text published in the Gazette of the General Administration of customs.
Article 43rd foreign official translations of regulations should be organized by the Customs legal translation, or audited.
    ~23. the fifth amendment and repeal article 44th 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. Modify the regulatory process with reference to regulatory programs. Republish the regulations should be amended.
    The original rule shall be expressly repealed.
    45th 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.
    Article 46th 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.
    ~23. regulations of the sixth section explains 47th regulation the right to interpret the General Administration of customs, customs departments and Customs has the right to explain the regulations.
    48th regulation under 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.
    49th 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. 50th rules explanation by the original drafting Department regulations drafted, also by the General Administration of customs legal drafting. Regulations explain the drafting after the Customs legal agencies in conjunction with drafting instructions should be reviewed.
    After examination and approval by the customs law agencies, considered by the Department Office decision, announced and in the light of the rules of procedure be published in the form of the General Administration of customs.
    51st explanations provided by the General Administration of customs regulations and rules shall have the same effect.
    52nd interpreting administrative regulations authorized the General Administration of customs, mutatis mutandis, the above-mentioned procedures. Chapter III administration of Customs General Administration of Chinese customs section 53rd may involve relative rights and obligations specific to the notice published at home and abroad.
    Announcement may not set administrative administrative punishment of the people.
    Upon completion of 54th from Chinese customs drafting should be delivered customs legal review.
    55th article customs legal institutions 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; (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.
    56th in the General Administration of customs agencies in the review of the legal system have different views on the draft Chinese customs, shall consult with the drafting of the sector.
    57th after review by the Chinese customs by customs law agencies should be reported to Department leadership issue.
    Article 58th in the form of announcements published content such as need to be modified or repealed, shall be announced to republish the form. Fourth chapter Customs Bulletin article 59th districts on the one established by the Customs Administration relates to the management of the relationship between the norms of human rights obligations, should be released in the form of announcement, as an annex to the notice of the relevant regulations.
    Established by the customs documents concerning management of the relative rights and obligations should be on the public notice.
    60th customs in accordance with this section measures notice is 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 has not been clear, should be approved by the General Administration of customs. 61st directly under customs law development announcements by the agency or business unit drafted. Districts shall be heard in the process of drafting the drafting departments units and administrative relative person's views.
    Listen to written comments, forums, feasibility study meeting can take many forms. 62nd customs departments directly under the announcement after being drafted as drafted should be sent for legal review. Drawn up by the Customs office directly under the legal review of the business sector notice refer to the customs bodies to review the notice requirements of the legal system, and submit a written review.
    Districts when necessary again to seek the relevant departments and the views of the administration.
    63rd regional customs Development Bulletin, and its contents belong to or belong to other important matters to be reported to the approval of the General Administration of customs, shall be subject to customs or Excise Office meeting to consider the decision.
    64th notice shall be approved by the General Administration of customs to Customs office directly under the name of the publication.
    65th established by the Customs notice, should be submitted to the General Administration of Customs since the release date of 5th record.
    66th article submitted to the Customs office directly under the record should be to close the posting form will be filing reports and related announcement size delivered customs legal agencies and submitted electronically by the regulation, and relevant competent departments of the copy Department. Directly under the 67th customs published in the legal entity responsible for the file.
    Customs legal agencies to record the work for inspection and supervision.
    68th customs legal agencies for surveillance audits is submitted to the Customs notice of the filing, meet the required registration, does not meet the required, no registration, and could be ordered to submit the Customs to correct or cancel.
    69th as Customs notice of the registration by the Customs General Administration legal agencies periodically publish directory.
    The fifth chapter by-laws 70th GAC drafting of administrative regulations in the light of the rules of procedure. 71st normative documents developed for violating these rules, the General Customs Administration may order him to be withdrawn within a time limit, on relevant normative documents, and according to the situation on the relevant entities and persons giving notice of criticism or sanctions.

    72nd these measures come into force on January 1, 2003.
                      December 2, 1999 issued by the General Administration of customs on the development of regulatory documents management regulations (Department of [1999]795) repealed simultaneously.