People's Republic of China Customs and the implementation of the People's Republic of China Law on administrative licensing approaches 2014 (revised)

    (June 18, 2004, the General Administration of Customs released March 13, 2014, the General Administration of Customs announced order No. 218, 117th, since as of the date of promulgation of the decision of the customs regulations on the part of the amendment) directory

Chapter I General provisions

Chapter II provisions of customs administrative license

Chapter III administration of customs administrative licensing

  The fourth chapter customs implementation of the administrative license

  First section of customs administrative licensing organ

  Section II application and acceptance

  Section III review and decision

  Change the fourth section, extension and withdrawal

  The fifth section of the special procedures

The sixth section to avoid

The fifth chapter, supervision and inspection

The sixth chapter legal liability

    The seventh chapter by-laws

    Chapter I General provisions

    First article to specification customs administrative license, protection citizens, and corporate and other organization of lawful rights and interests of, maintenance public interests and social order, guarantees and supervision customs effective implementation administration, according to People's Republic of China administrative license method (following referred to administrative license method), and People's Republic of China Customs method (following referred to customs method) and about legal, and administrative regulations of provides, developed this approach.

    Article customs administrative licensing in these measures refers to customs by citizens, legal persons or other organizations (hereinafter the applicant) applications for review by the law, grant turnover close the boundary with the customs supervision and management of specific activities related to the Act.

Article customs provisions, management and implementation of the administrative licensing, supervision and inspection, these measures shall apply.

    Higher customs to customs at a lower level of personnel, finance, Foreign Affairs and other matters approval of customs of other organs or the direct management of the institution's personnel, finance and foreign affairs matters, such as approval, these procedures do not apply.

Fourth article customs implementation of administrative licensing shall follow the principle of openness, fairness, impartiality, and convenience. Customs regulations on administrative license shall be made public.

    Custom implementation and the results of an administrative license, except State secrets, business secrets or personal privacy is involved, but should be open.

    Implementation in the fifth administrative license shall be in laws and administrative regulations, decisions and undertaken within the framework provided by the General Administration of customs regulations of the State Council.

    Chapter II provisions of customs administrative license

Sixth article customs in the implementation of laws, administrative regulations, and the State Council decided to set up customs process requires the implementation of administrative licensing procedures, conditions and period specified, formulated by the General Administration of customs law customs regulations provides.

    Directly under the General Administration of customs and the Customs during the process of implementation of customs administrative license according to laws, administrative regulations or the State Council decided and the General Administration of customs regulations in the form of normative documents on specific issues related to implementation are clear.

    Seventh customs regulations established by the General Administration of customs and other regulatory documents normative documents and customs to develop not set administrative permission.

Eighth regional customs deems it necessary to introduce new customs administrative permission or that of customs administrative licensing sets, unreasonable rules, need to be modified or repealed, may appeal to the General Administration of customs legislation.

    Customs deems it necessary to introduce new customs administrative permission or that of customs administrative licensing sets, unreasonable rules, need to be modified or repealed, appropriate legislative proposals to the Department of Legal Affairs under the State Council, on behalf of or under the legislative scheme in drafting of laws and administrative regulations to incorporate the relevant provisions of the draft.

Nineth customs in the implementation of customs administrative license shall collect the Customs staff, citizens, legal persons or other organizations for reflection of customs administrative licensing, and, according to the General Administration of customs on Customs requirements to assess the implementation of the administrative license, reports the General Administration of customs.

    Directly under the General Administration of customs in accordance with the customs of customs evaluation report on the implementation of administrative licensing reports submitted in due time, in accordance with the prescribed procedures submitted to the State Council, or the national people's Congress.

    Chapter III administration of customs administrative licensing

    Tenth Article Customs Customs law is the centralized management of Department of administrative licensing sector.

11th General Customs Law Department is the centralized management of Department of General Administration of customs on customs administrative license, undertake the following specific matters:

(A) the review of customs administrative licensing items, registration, assessment;

(B) according to the provisions of laws and administrative rules and regulations, customs regulations, collecting, compiling, dealing with legislative proposals on customs administrative licensing;

(C) receive, verify citizens, legal persons, other organizations, complaints regarding customs administrative licensing, reporting, suggestions, solutions consulting

(D) undertake the citizens, legal persons and other organizations on the General Administration of customs administrative review of an administrative license, the administrative litigation cases, guiding customs administrative reconsideration and administrative litigation about administrative licensing of customs matters;

(E) the customs at all levels supervise and inspect the implementation of customs administrative licensing;

(F) guidance, coordination at all levels of implementation of customs administrative licensing work;

    (G) legal and administrative regulations, provided by the General Administration of customs regulations of other Customs should be responsible for general management of customs administrative licensing matters.

12th article Customs office directly under the rule of law sector is centralized management of customs on customs administrative license departments at all levels, undertake the following specific matters:

(A) according to the provisions of laws and administrative rules and regulations, customs regulations, undertake to collect, compile and report on customs legislation of administrative licensing recommendations, the Customs on customs matters relating to the implementation of administrative licensing;

(B) the acceptance, verification of citizenship, corporate districts and other organizations with regard to the implementation of customs administrative license appeals, reports, opinions and suggestions, solutions consulting

(C) the citizens, legal persons and other organizations on the implementation of customs under the customs administrative review of an administrative license;

(D) the contractor or to guide the citizens, legal person districts and other organizations with regard to the implementation of customs administrative litigation matters of an administrative license;

(E) the districts on the implementation of the Customs supervise the implementation of administrative licensing examination;

(F) the districts organize hearings on customs administrative licensing matters;

(G) customs districts to guide and coordinate the implementation of the administrative license;

    (H) legal and administrative regulations, provided by the General Administration of customs regulations of other Customs should be responsible for general management of customs administrative licensing matters.

13th article customs review of normative documents on a daily basis the Department of Legal Affairs or in the administrative reconsideration of normative documents in the case review, found that should be corrected in a timely manner with any of the following circumstances:

(A) the establishment of customs administrative license without authorization;

(Ii) the customs law on administrative licensing provisions beyond the upper set of customs administrative licensing scope;

(C) provision has gotten beyond the upper law customs administrative licensing conditions;

    (Iv) other violations of administrative license law.

    Customs office directly under the rule of law sector in the 14th article the closed set of normative documents on the review process and found that illegal provisions of normative document for customs administrative permission, should make recommendations for correcting.

    15th article submitted for the record by the customs service directly under the Legislative Affairs Department found that customs violations of administrative license law provided in normative documents, unauthorized setting administrative license, the provisions of the customs, Customs shall order the immediate correct themselves.

    16th found a citizen, legal person or any other organization of customs regulations and other normative documents violate the provisions of the administrative licensing law, can reflect to the customs or customs at all levels; on the regulations of the relevant Customs Administration disagrees with the normative documents of the license, when the specific administrative act appealed against the administrative Licensing application for reconsideration, you can apply for the corresponding review.

    The fourth chapter customs implementation of the administrative license

    First section of customs administrative licensing organ

17th article customs must, within the statutory authority, in the name of the Customs harmonized implementation of customs administrative license.

Within the Customs Agency and customs agency implementation of customs administrative license shall not in their own name. Customs in accordance with provisions of laws and administrative rules and customs regulations, may be entrusted to another Customs or other administrative authorities with the customs administrative license. Entrust the Customs should be entrusted to the customs or other administrative authorities entrusted with the implementation of customs administrative license shall be published. Customs of the delegate delegate shall bear legal responsibility for the consequences of the Act.

    Entrusted with the customs or other administrative authorities shall not subcontract.

    18th need customs of customs administrative licensing items within multiple agencies, the Customs shall determine an institution receives, on behalf of the Customs and Excise administrative Licensing application, serve the customs administrative licensing decision.

    Section II application and acceptance

    19th a citizen, legal person or other organizations engaged in specific activities associated with the customs supervision and management, are required by law to obtain a licence to the customs administration, shall apply to the customs. Article 20th customs administrative license shall be made in writing. Applications need to use rich text, the Customs shall give the applicant customs administrative Licensing application form text and public demonstration text and fill in the Office space.

    Application format text must not contain applications for customs administrative licensing items not directly related to the content.

The 21st Customs applications for administrative license may be proposed to the Customs Office by the applicant, or by letter, telegram, telex, fax, electronic data interchange and e-mail form.

    Customs administrative licensing applications by telegraph, telex, fax, electronic data interchange and e-mail form, the applicant shall provide evidence to prove that the application documents the effectiveness of materials. 22nd the applicant may authorize an agent to apply for customs administrative license.

However, according to the provisions of laws and administrative regulations, should be submitted to the Customs Office by the applicant except for customs administrative Licensing application. Applicant has appointed a representative on behalf of customs administrative Licensing application, it shall issue a power of attorney.

Power of attorney should specifically set forth the following, commissioned by the client's signature and specify date: (A) the summary of principal and agent.

Client or agent is a legal person or other organization, it shall contain the name, address, telephone number, postal code, name of the legal representative or the person in charge, title; the client or representative is a natural person, it shall contain the name, sex, age, occupation, address, telephone number and postal code;

(B) on whose behalf the customs administrative permit application, submission of evidence, accepting commitments and rights such as legal instruments;

(C) the beginning and ending dates of principal-agent;

    (D) the laws, administrative regulations and shall set forth the matters provided by the General Administration of customs regulations.

23rd applicants for customs administrative licensing shall be in accordance with the laws and administrative regulations, provided by the General Administration of customs regulations to submit to the customs-related material, and is responsible for the authenticity of the content of the application materials.

    The Customs shall not require an applicant to submit any applications not related to customs matters under administrative license technical information and other materials.

Article 24th of customs administrative Licensing application submitted by the applicant, should be dealt with separately according to the following conditions:

(A) applications do not need to obtain a licence to the Customs Administration in accordance with law, shall inform the applicant immediately;

(B) the application does not fall within the ambit of the customs in accordance with law, shall immediately make a decision inadmissible, and inform the applicant to apply to the customs or other administrative authorities;

(C) the applicant does not have the qualification of customs administrative Licensing application, decisions should be made inadmissible;

(D) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or after receipt of application materials within the 5th time inform all applicants need to correct the content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

(V) application materials there is only text, 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;

(F) applications fall within the ambit of the customs, application materials are complete and in compliance with the statutory form, or submitted by the applicant in accordance with the requirements of the customs of all corrected application materials shall accept administrative licensing applications.

According to Qian paragraph subsection (a), and (four) items provides made told, and decided accepted or not accepted customs administrative license application of, should business sent corresponding of customs administrative license application told book (style see annex 1), and customs administrative license application accepted decided book (style see annex 2), and customs administrative license application not accepted decided book (style see annex 3), and stamped this customs administrative license dedicated seal, indicate date.

    Restrictions on the number of customs administrative licensing items shall be in the written decision of the customs administrative licensing applications indicate the acceptance of the order.

    25th article Customs is responsible for customs administrative license matters of institutions or in accordance with this approach 18th article provides is responsible for unified accepted customs administrative license application of institutions received customs administrative license application of day, that for customs accepted customs administrative license application of day; to letters application of, customs received letters of day for application of day; to Telegraph, and fax, and fax, and electronic data exchange and e-mail, way proposed application of, customs received has proved effectiveness material of day for application of day.

    26th article customs applicant accept administrative licensing applications after all the correct application materials, all corrections received for the date of application date of accept administrative licensing applications.

    27th customs administrative Licensing application decision lawfully made inadmissible, it shall explain the reasons and inform the applicant of the right to apply for administrative reconsideration or bring an administrative suit

    Section III review and decision

28th article customs accept administrative licensing applications, the applicants submitted application materials should be reviewed.

Under the conditions stipulated by laws and administrative rules and regulations, customs regulations and procedures, need to verify the substance of the application, or whether the applicant needs to have other physical verification of the conditions of admission to the customs administrative license, customs-related content for further verification. Verification of administrative Licensing application to the customs, the Customs shall be assigned more staff. Inspectors shall, in accordance with the verification of production verification records, and signed by both the inspectors and by the verifying party to confirm.

    By the verifying party refused to sign, inspectors should be noted.

29th the applicants submitted application materials are complete and comply with the statutory format, able to make decisions on the spot, shall make a written decision on the administrative license on the spot.

    Customs administrative licensing decision is made on the spot, shall be issued on the spot decision, and with the Customs seal, dated and no longer made and the customs administrative Licensing application for decision of acceptance.

30th when the customs review of administrative Licensing application and found that administrative licensing items directly related to the vital interests of others, shall inform the applicant or interested party, applicant or interested party has the right to make statements and to defend themselves.

To determine the specific stakeholders, directly to the interested person should be made and stamped with the Special seal of the Customs Administration for customs administrative licensing permits interested parties informed of books (style, see annex 4), interested people-not sure most people can notice informed.

Inform interested persons, should be also accompanied by the applicant's application and the application materials, involving State secrets, business secrets or private affairs except for the material. Customs should listen to the views of the applicant and interested party.

    The applicant or interested party statement and defence should be incorporated in the customs review of administrative licensing scope.

31st laws, administrative regulations, provided by the General Administration of customs regulations implementing customs matters of administrative license shall be hearing or hearings on Customs need other major customs administrative licensing matters concerning public interest, the Customs shall be announced to the public and hold a hearing.

Customs administrative licensing directly related to the vital interests of relationship between the applicant and others, before making a decision on the administrative license in the Customs and shall inform the applicant, interested parties have the right to request a hearing.

The Department ought to make decision on the administrative license according to hearing transcripts.

    Customs administrative license hearings of the specific measures shall be formulated separately by the General Administration of customs. Article 32nd among customs administrative licensing decision is made on the spot, and the Customs shall accept administrative licensing applications within 20th day of decision.

20th cannot make a decision, approved by the heads of the customs, you can extend the 10th, and shall make and issue the notification of extension of customs administrative licensing examination (styles, see annex 5), informed the applicant of the reasons for the extension.

    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions. 33rd according to law should be reviewed by the subordinate customs before they are submitted to the next higher customs administrative licensing of customs decisions, customs at a lower level should undertake a comprehensive review in accordance with the statutory conditions and procedures, and to accept administrative licensing applications within 20th of this review has been completed, will review the comments and submit all application materials directly to customs at the higher level. Superior Customs shall from the date of receipt of review of subordinate customs reported decisions in the 20th.

    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions.

Article 34th of the applicant's application meets the legal conditions and standards, shall make a decision approving an administrative license; applicant's application does not meet the legal conditions and standards, it shall make no customs administrative licensing decision.

Decision to grant or not the customs administrative license, shall make and issue the appropriate decision, and with the Customs seal, dated.

    Made no decision on the administrative license according to law, it shall explain the reasons and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    35th in customs and the customs administration of the applicant before the licensing decision, may apply to the written application for withdrawal of the Customs and Excise Administration permission.

The 36th article customs decision approving an administrative license is made, of the need to issue customs certificates for administrative license, shall take a decision within 10th of the applicants will be issued with the Customs seal of customs administrative licensing of the following documents:

(A) permit, license or other permit book;

(B) the qualification certificate, certificate or other certificate of qualification;

(C) granting customs approval documents for the administrative license or certificate;

    (D) the provisions of laws and administrative regulations other certificates for administrative license.

The 37th article customs no geographical restrictions on the scope of administrative license, the applicant's customs license valid across the customs frontier, customs and geographical restrictions on the scope of administrative license, permit Customs to customs administrative licensing decision should be indicated.

    Customs administrative Licensing application of age limits and customs while decision on approving an administrative license is made, the validity period is to be indicated.

    Change the fourth section, extension and withdrawal

38th licensee in obtaining customs administrative permission, because they intend to engage in activities of some content that exceeds the grant administrative licensing decision or customs documentation activities under the scope of administrative license, or other changes needed to change the Customs about the content of an administrative license, you can apply to the decision on approving an administrative license is made custom changes the original customs administrative license.

    Customs the Customs Administration should be permitted to change conditions make an announcement, change procedure, easy to change by licensee in accordance with the law.

    39th licensee changes of customs administrative license, shall, within the validity of the administrative permission, in writing, apply to a decision on approving an administrative license is made to customs, and submit supporting documents.

40th on the licensee's request to change the customs administrative licensing matters application, decision on approving an administrative license is made the Customs shall review to meet the statutory requirements, standards, should be allowed to change and go through the procedures of alteration according to law.

    Customs to review the change request, and a decision on whether to approve the change is made, it should be timely, accurate, and customs administrative licensing decision should not be longer than the statutory deadline.

    41st application for change of matters such as belonging to another Customs administrative license, the applicant shall reapply for customs administrative license according to law, shall not be changed by the Customs and Excise Administration permission form. 42nd licensee needs to extend customs administrative validity of the license lawfully obtained, shall, before the administrative license expires 30th to submit to the Customs the customs administrative licensing decision made an application in writing and state the reasons.

    However, the laws and administrative regulations, the provisions of customs regulations, in accordance with its provisions. 43rd article on was license people proposed of requirements continued customs administrative license validity of application, made granted customs administrative license decided of Customs should law for review, on still meet made customs administrative license of conditions, and meet legal, and administrative regulations, and customs regulations provides of continued customs administrative license should has of other conditions of, should law made granted continued of decided; on no longer has made customs administrative license of conditions, or not meet legal, and administrative regulations, and

    Provided by the General Administration of customs regulations extend the customs administrative license shall meet the other requirements, shall make a decision isn't renewed.

    44th article customs the Customs Administration should make a decision on whether to approve the extension before the expiry date of the permit and fails to make a decision, considered to approve the extension.

Article 45th coming into force without changing the administrative license.

Customs administrative licensing is based on the laws, administrative rules and regulations, customs regulations, amended or annulled, or approving an administrative license is based on the significant changes in the objective circumstances, required in the public interest, the customs administration of the Customs and Excise Department has entered into force shall be altered or withdrawn license, thus causing property damage to citizens, legal persons or other organizations, should be compensated according to law.

    Compensation program and compensation set by the Customs General Administration separately under the relevant provisions of the State.

    46th article customs according to law shall not handle customs administrative licensing procedures, no further customs or the validity of an administrative license in accordance with changes to entry into force, withdrawal of customs administrative licensing shall be sealed by the Customs decision, dated, and explain the specific reasons, advise the applicant have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The fifth section of the special procedures

    47th article customs implementation of the administrative licensing, and provisions of this section, apply the provisions of this section; not provided for in this section and other relevant provisions of this chapter shall apply.

48th entry and exit activity in the provision of public services and industries directly related to the public interest, legal person or other organizations engaged in import and export activities specific activities related to the qualifications, qualifications, should be based on the applicant's professional formation and technical conditions, performance and management and evaluation, review, evaluate the results and make a decision on the administrative license.

    Otherwise stipulated by laws, administrative regulations, in accordance with its provisions.

    The sixth section to avoid

49th article customs staff in customs matters under administrative license applicant or interested person's close relatives, or with the applicant, interested parties have other relationships may affect the impartiality of customs administrative license shall apply for withdrawal.

Applications that carry out administrative licensing items Customs Customs staff of administrative licensing items interested or close relatives of the interested party, or have other relationships with stakeholders may affect the impartiality of customs administrative license, the right to apply for his withdrawal.

    Interested parties that carry out administrative licensing matters concerning customs staff are close relatives of the applicant, or other relationships with the applicant may affect the impartiality of customs administrative license, the right to apply for his withdrawal.

    50th Customs Customs staff to withdraw for administrative licensing matters decided by the head of customs administrative approval agency, customs approval authority in charge of administrative permission to withdraw by the decisions of Heads of customs administrative licensing examination and approval authority.

    The fifth chapter, supervision and inspection

51st superior Customs shall strengthen the supervision of subordinate customs implementation of customs administrative licensing examination of timely and correct implementation of customs administrative licensing violations.

    Customs law, monitoring, compliance department is responsible for the implementation of customs administrative licensing of the illegal conduct supervision and inspection.

52nd Customs shall set up and perfect the supervision and inspection system, through the verification of licensee engaged in customs related materials administrative license activities, carry out supervision and inspection responsibilities. Customs to Licensee's place of business in accordance with law, on-site inspections.

Examination, may, in accordance with the customs, inspect or require the licensee to submit relevant materials, licensee shall provide relevant information and materials.

Customs engaged in customs matters under administrative license in accordance with the licensee's activities when conducting supervision and inspection, supervision and inspection of the circumstances and consequences should be recorded, signed by the supervising personnel, and archiving.

    The public's right to inspection of customs supervision and inspection records, but involve State secrets, business secrets and customs work secret unless.

    53rd customs supervision and inspection shall be without prejudice to normal production and operation activities of the licensee shall not solicit or accept a licensee's property, shall not seek other interests.

    54th licensee in making decision on the administrative license outside of the customs area of illegal administrative licensing items of customs activities, violations of the Customs shall be licensee's illegal facts, processing results made a copy of customs administrative licensing decision by customs.

    55th citizens, legal persons and other organizations found that illegal activities engaged in customs matters under administrative license has the right to report to customs, the Customs should be verified, processed in a timely manner.

56th under any of the following circumstances, customs and the customs administrative licensing decision made or its parent Department, according to the request of the interested party or ex officio, may revoke the Customs Administration Description:

(A) the customs personnel who abuse their powers, neglect their duties to make decision on approving an administrative license;

(B) beyond the statutory authority to make decision on approving an administrative license;

(C) the violation of legal procedure decision on approving an administrative license is made;

(Iv) do not qualify or do not comply with the statutory conditions of the applicant approving an administrative license;

(E) customs administrative license may be revoked according to law in other circumstances.

Licensee by fraud, bribery or other improper means to obtain a licence to the customs administration, shall be revoked.

    In accordance with the provisions of the preceding two paragraphs shall revoke the licensing for the Customs Administration may cause significant harm to the public interest, it shall not be annulled.

    57th licensee obtain customs administrative permission to engage in illegal activities, are required by law to revoke its certificate of administrative license, the Customs shall revoke a customs certificate of administrative license.

    58th revoke customs, revocation of administrative licensing of customs certificates for administrative license shall be in accordance with the law, administrative regulation or procedure provided by the General Administration of customs regulations.

The 59th article customs in accordance with the administrative licensing law and the 57th paragraph these measures to revoke the customs administrative license, cause harm to 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 57th revoke the licensing for the customs administration, customs administrative license by Licensee's interests are not protected.

60th under any of the following circumstances, the Customs shall handle the related administrative permit cancellation of customs formalities:

(A) customs administrative expiry date of the permit is not renewed;

(B) specific qualification of administrative licensing to the citizens, the citizens of death or incapacity;

(C) the legal person or other organization terminated according to law;

(D) customs administrative licensing law to be revoked, withdrawn, or customs certificate of administrative license been revoked according to law;

(E) implementation of customs administrative licensing items cannot be due to force majeure;

    (F) legal and administrative regulations should be written off other cases of customs administrative license.

    The sixth chapter legal liability

    61st of customs and customs staff in breach of the provisions of article, in accordance with the relevant provisions of the seventh chapter of the administrative licensing law.

    62nd licensee breach of administrative permission law and other relevant laws, administrative regulations, provided by the General Administration of customs regulations, customs administrative penalty shall be imposed in accordance with relevant laws and administrative regulations constitutes a crime, criminal responsibility shall be investigated according to law. 63rd article customs staff in violation of the relevant provisions shall be given administrative punishments according to law, personnel, supervision of the customs units where put forward opinions, newspaper owner to make a decision and to report to the higher authorities.

    Handed over to the relevant authorities shall be investigated for criminal responsibility according to law.

    The seventh chapter by-laws

64th article customs customs administrative Licensing application form text, shall not be charged. Implementation of customs administrative licensing and customs the Customs supervise the matters of administrative license shall not charge any fee.

Except as otherwise provided in laws and administrative regulations.

    Customs requirements for the implementation of customs administrative license shall be included in the Customs budget and be guaranteed by financial, using funding in accordance with the approved budget.

    65th customs implementation of customs administrative license and charge fees in accordance with the laws and administrative regulations shall be published in accordance with the statutory items and charges; charges must all be turned over to the State Treasury shall be subject to any form of withholding or misappropriating, privately divide or disguised privately.

    66th article of the regulation implementation of customs administrative licensing terms to working days, excluding holidays.

    67th interpret this approach by the General Administration of customs.

68th in these measures come into force on July 1, 2004. Attachment: (slightly)