People's Republic Of China For Customs Administrative Compensation Approach

Original Language Title: 中华人民共和国海关行政赔偿办法

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(Released March 24, 2003, General Administration of customs, the 101th) contents chapter I General provisions chapter II scope of chapter III of section I section II identification of administrative compensation compensation claimant and compensation obligations the fourth chapter of compensation procedures section I section II of the procedure of administrative compensation calculation standards inspection compensation program and as compensation for the fifth chapter the sixth chapter of the damages the seventh chapter, accountability and recourse First section responsibility held second section recovery eighth chapter legal responsibility Nineth chapter schedule first chapter General first article for protection citizens, and corporate and other organization law made administrative compensation of right, promote customs and staff law exercise terms, guarantee levels customs law, and right, and timely processing administrative compensation case, according to People's Republic of China national compensation method (following referred to national compensation method), and People's Republic of China Customs method (following referred to customs method) and about legal, and administrative regulations,
    These measures are formulated.
    Article customs administrative compensation cases at all levels, including customs and staff caused by unlawful exercise of administrative powers of administrative compensation and to the turnover boundary cargo, the goods according to law implementation inspection compensation, these measures shall apply. Third article Customs is responsible for legal work of institutions is customs administrative compensation competent sector, perform following duties: (a) accepted administrative compensation application; (ii) trial administrative compensation case, proposed compensation views; (three) developed administrative compensation decided book, about legal instruments; (four) handle administrative reconsideration with administrative compensation case, and administrative compensation reconsideration case; (five) implementation entered into force of administrative compensation legal instruments; (six) on recovery proposed processing views; (seven) handle administrative compensation litigation of sued matters; (eight) handle and administrative
    Compensation in the case of other matters.
    Fourth in handling compensation cases should follow the legal principles, fair, open and timely, and any mistake shall be corrected.
    Second chapter compensation range first section administrative compensation fifth article customs and staff has following illegal exercise administrative terms, violations citizens personal case one of of, victims has made compensation of right: (a) illegal detained citizens of, specific including: 1. on no smuggling crime suspected of citizens be detained of; 2. without directly under the Customs shut long or its authorized of membership customs shut long approved implementation detained of; 3. detained time over legal provides term of; 4. has other illegal case of.
    (Ii) illegal take other limit citizens liberty of administrative forced measures of; (three) illegal detention or to other method illegal deprived citizens liberty of; (four) to beat, violence behavior or instigated others to beat, violence behavior caused citizens body hurt or death of; (five) illegal using weapons, and apparatus caused citizens body hurt or death of; (six) caused citizens body hurt or death of other violations. Sixth article customs and staff has following illegal exercise administrative terms, violations citizens, and corporate or other organization property case one of of, victims has made compensation of right: (a) illegal implementation fine, confiscated goods, and items, and transport tool or other property, recovered cannot confiscated of goods, and items, and transport tool of equivalent price, suspended or revoked enterprise engaged in about customs business qualification and he administrative punishment of; (ii) illegal on production equipment, and goods, and items, and transport tool, property take detained, and Sealed, administrative forced measures of; (three) illegal charged margin, and risk guarantees gold, and mortgage real, and pledge real of; (four) illegal charged delay reported gold, and regulatory procedures fee, costs of; (five) illegal take tax forced measures and tax preservation measures of; (six) unauthorized using detained of goods, and items, and transport tool or other property, caused loss of; (seven) on detained of goods, and items, and transport tool or other property not perform custody duties, serious not responsible, caused property damage, and out lost of,
    But law referred to the units is responsible for custody of case except; (eight) illegal refused to accept customs, and verification, requests, delay regulatory, deliberately bewilders, or not perform other statutory obligations, to citizens, and corporate or other organization caused property loss of; (nine) sold property should auction and not law auction, or has other illegal processing case caused directly loss of; (ten) caused property damage of other violations.
    Article belongs to one of the following circumstances, Customs does not bear administrative liability for: (a) the Customs staff independent of the exercise of authority and personal behavior, (ii) their actions by citizens, legal persons and other organizations causing damage, (iii) damage due to force majeure, and (iv) other circumstances as stipulated by law.
    Fault of their citizens, legal persons and other organizations resulting in losses, assumes no liability for extension of certain customs.
    Eighth section II identification of compensation pursuant to the provisions of the customs law of the 94th, customs when inspection turnover boundary cargo, the goods according to law, damage caused by the goods, the goods shall compensate for the actual loss of the parties.
    Nineth article has following case one of of, customs not bear compensation responsibility: (a) belongs to this approach seventh article provides of case of; (ii) due to party or its delegate of people moved, and open split, and heavy seal packaging or custody poor caused of loss; (three) easy rot, and easy failure goods, and items in customs normal work program by need time within (containing generation custody during) by occurred of metamorphic or failure, party prior not to customs statement or customs has take has appropriate of measures still cannot avoid of;
    (D) the normal customs checks the inevitable wear and tear and other losses (v) occurred before the customs inspection damage and damage occurring after Customs examination; (vi) Customs extracted samples for purposes such as testing and forensics.
    Chapter III compensation claimant and compensation obligations Article tenth victim of citizens, legal persons and other organizations the right to claim compensation.
    The aggrieved citizen died, their heirs and other maintenance relationship with relatives and the incapacity of the deceased's dependents are entitled to claim compensation.
    Aggrieved legal person or other organization terminated that succeeds to its rights of a legal person or other organization has the right to seek compensation.
    11th claim is a person without civil capacity or a person with limited civil capacity, designated by their legal representatives or agents for compensation.
    12th article customs illegal exercise of administrative powers and staff violations of citizens, legal persons and other organizations that cause damages, the Customs is the organ for compensatory obligations.
    Both when exercising administrative authority over customs violations of citizens, damaging the legitimate interests of legal persons and other organizations, customs of the common exercise of administrative authority as a common organ for compensatory obligations.
    Customs established by the Agency in the exercise of administrative powers citizen cause damages, legal persons and other organizations, the establishment of the Agency the customs organ for compensatory obligations.
    Commissioned by the customs of the organizations or individuals in the exercise of delegated administrative powers violated citizens, legal persons and other organizations that cause damages, commissioned by Customs for the organ for compensatory obligations.
    The 13th article customs when inspection turnover boundary cargo, the goods, causes damage to any goods, articles, implementation of customs for the organ for compensatory obligations.
    14th organ under compensatory obligations has been revoked, continues to exercise the powers of the customs organs under compensatory obligations; did not continue exercising the functions of the customs, the Customs Department at a higher level for the organ for compensatory obligations.
    The 15th by the administrative body for reconsideration review, initially causing violations of customs for the organ under compensatory obligations, but reconsideration of a reconsideration decision aggravated damages, the administrative body for partial performance to increase obligation of compensation.
    Compensation for the fourth chapter programs section of administrative compensation procedures under compensatory obligations confirmed in accordance with law of the 16th article fifth and sixth under specified circumstances, violate the legitimate rights and interests of citizens, legal persons or other organizations should be given compensation.
    17th claimant seeking compensation should be submitted to the organs under compensatory obligations, you can also apply for administrative reconsideration or bring an administrative suit when I present.
    Claimant can contribute to common organs under compensatory obligations of any of the organs under compensatory obligations for compensation, the organ under compensatory obligations shall pay compensation first.
    The claimant according to different injuries, can be made a number of claims.
    18th article compensation requests people requirements compensation should submitted application book, applications should contains Ming following matters: (a) compensation requests people of name, and gender, and age, and work units and residence, compensation requests human corporate or other organization of, should stated corporate or other organization of name, and residence and statutory representative people or main head of name, and positions; (ii) specific of requirements, and facts according to and reason; (three) application of years, and months, and day. Claimant application for writing is difficult, and may entrust drafting; compensation claimant or orally.
    Oral application, the organ under compensatory obligations shall be made of the oral history of administrative compensation, and referred to the claimant's signature confirmation.
    19th article compensation requests people delegate agent on behalf of participate in compensation case processing of, should to Customs issued Attorney, Attorney should specific contains Ming following matters: (a) delegate people name (corporate or other organization of name, and statutory representative people of name, and positions), and agent name, and gender, and age, and career, and address and the postal code; (ii) agent on behalf of filed, and change, and withdrawn compensation requests, and submitted evidence material, and received legal instruments, agent permission; (three) agent participate in compensation case processing of during;
    (D) the Commission date and signature of trustee and agent.
    20th have a stake in the outcome of the case with the compensation of other citizens, legal persons or other organizations may participate as a third party handling compensation cases. Apply for cases of compensation for taking part as a third person, shall be made in writing, and their compensation and have a stake in the outcome of the case the burden of proof.
    Organ under compensatory obligations deemed necessary, may also notify the third party.
    Third party compensation, the organ under compensatory obligations shall be made to the third party notice of administrative compensation cases, and sent to the third person, the claimant.
    21st compensation the claimant claims compensation, should provide the evidence is admissible.
    Provisions of the second paragraph of this article tenth claimant seeks compensation, should also give citizens of certificates and proof of relationship between the claimant and the death citizens; the tenth paragraph these measures the claimant seeks compensation for, should also provide the original proof of the termination of legal person or other organization, and bear proof of their rights. 22nd article compensation obligations organ received compensation application Hou, should in five a days within for review, respectively made following processing: (a) on not meet this approach provides, has following case one of of, decided not accepted, making administrative compensation application not accepted decided book, and served compensation requests people: 1. compensation requests people not this approach tenth article provides of right to requirements compensation of citizens, and corporate and other organization; 2. not belongs to this approach fifth article, and sixth article provides of administrative compensation range; 3.
    Longer than the period of statutory compensation, and no circumstances prescribed in the second paragraph of this article 61st; 4. has applied to the administrative body for reconsideration or administrative proceedings have been brought before the people's Court, administrative body or court has legally accept 5. to formulate administrative regulations issued by the customs or generally binding regulations and decisions infringe their lawful rights and interests of damage by requesting compensation. (Ii) on without law confirmed illegal of specific administrative behavior requests compensation of, as the specific administrative behavior is in statutory of reconsideration, and litigation term within, should written told applicants right to law up level customs application administrative reconsideration or to court filed administrative litigation, and can together proposed compensation requests; by told Hou, applicants requirements compensation obligations organ directly on infringement behavior of illegal sex be confirmed and made compensation decided of, compensation obligations organ should be accepted.
    As the specific administrative behavior has over statutory of reconsideration, and litigation term, should as complaints case processing, and written notification party, original specific administrative behavior by complaints confirmed illegal Hou, can law requests compensation; (three) on material not complete of, should in review term within written told compensation requests people correction material; (four) on meet this approach provides, but this customs not compensation obligations organ of, should in review term within written told applicants to compensation obligations organ proposed;
    (E) to comply with relevant provisions of this approach and belongs to the Customs accept applications for compensation, decided to accept, making the filing of administrative compensation and sent to the claimant in his decision.
    Decided to accept the compensation Department of the date of receipt of the application to the date of acceptance; after claimant corrected material decision of admissibility, compensation authorities receive the correct material for the day of the date of acceptance.
    23rd more claimant compensation obligation for the same behavior of the claim for compensation, the organ under compensatory obligations hearing may be incorporated, and received after the date of an application for official acceptance of the dates.
    24th on the claimant's application for compensation in accordance with law, the organ under compensatory obligations without any justified reason, inadmissible, Customs shall order the acceptance at a higher level, and to make the order accepting notice of applications for executive compensation. 25th article written review approaches to the case on the principle of compensation.
    Compensation requested by the claimant or competent authority may consider necessary, to the relevant organizations and personnel to investigate the situation, heard the claimant and the third party opinion.
    Article 26th compensation cases collegiality.
    Implementation of collegiality in the light of the People's Republic of China Customs implementation of the administrative reconsideration law measures as well as customs and relevant provisions of the administrative review cases collegiate system.
    27th Strip collegiate personnel and compensation cases have an interest or other relationship could affect the impartial handling of cases, should be avoided.
    Circumstances referred to in the preceding paragraph, collegial staff shall apply for withdrawal, the claimant and the third party and its agents have the right to apply for collegiate staff withdraw.
    Organ under compensatory obligations avoidance collegiate staff by the head of the Department in charge of compensation decisions, withdrawal of the head of the Department in charge of compensation determined by the head of the organ for compensatory obligations.
    28th article compensation requests people to compensation obligations organ proposed administrative compensation requests of, as customs and staff exercise terms of behavior has law confirmed illegal or not illegal of, compensation obligations organ should according to has confirmed of results law made compensation or not compensation of decided; as without law confirmed of, compensation obligations organ should first on Customs and staff exercise terms of behavior whether illegal be confirmed, again law made compensation or not compensation of decided.
    29th article has following entered into force legal instruments or proved material of, should considered was requests compensation of customs and staff exercise administrative terms of behavior has was law confirmed illegal: (a) compensation obligations organ on this customs and staff exercise administrative terms of behavior finds for illegal of instruments; (ii) compensation obligations organ to this customs and staff exercise administrative terms of behavior illegal for by decided be revoked, and change of instruments;
    (Three) reconsideration organ confirmed original specific administrative behavior illegal or to original specific administrative behavior illegal for by be revoked, and change of reconsideration decided book; (four) superior customs confirmed original specific administrative behavior illegal or to original specific administrative behavior illegal for by be revoked, and change of other legal instruments; (five) Court confirmed original specific administrative behavior illegal or to original specific administrative behavior illegal for by be revoked, and change of administrative judgement, and ruled book.
    30th claimant to its claims and caused damage to property and personal injury fact bears the burden of proof, it shall provide appropriate evidence.
    31st article in compensation obligations organ accepted compensation application zhihou, compensation decided made zhiqian, has following case one of of, should terminated compensation case trial, making administrative compensation case terminated decided book, and served compensation requests people, and third people: (a) compensation requests people application withdrawn compensation application of; (ii) found in accepted compensation application zhiqian compensation requests people has to reconsideration organ application reconsideration or has to court filed administrative litigation, and reconsideration organ or court has law accepted of;
    (C) any other circumstances that warrant the termination. 32nd article customs administrative compensation Department shall conduct a review of executive compensation cases, and put forward opinions. Processing views by compensation obligations organ head agreed or by compensation obligations organ case trial Committee discussion through Hou, according to following provides made decided: (a) has following case one of of, law made not compensation of decided: 1. Customs and staff exercise administrative terms of behavior is law made, no illegal case of; 2. Customs and staff exercise terms of behavior although has was law confirmed for illegal, but not caused citizens, and corporate or other organization directly property loss or citizens personal damage of; 3.
    Unlawful behaviour and has confirmed that citizens, legal persons or other organizations are damage to property or personal damage is not a direct causal 4. belonging to one of the situations provided for in paragraph one of this article seventh.
    (B) has been recognized as a violation of the customs of the exercise of administrative authority and its staff are directly caused by the citizens, legal persons or other organizations for property loss or personal injury, shall make compensation decisions.
    Organ under compensatory obligations based on compensation or no compensation decisions, each Party shall make the written decision of administrative compensation or no administrative compensation decisions, and sent to the claimant and the third party.
    33rd the claimant sought compensation from the common organ under compensatory obligations, first receives the application for the organ under compensatory obligations for handling compensation cases. Administrative authority upon receipt of the application for compensation, compensation for a copy of the application shall be served on the other organs under compensatory obligations, with other compensation obligation after the agreement, compensation or no compensation decisions according to law, and make decisions. To determine the compensation, while issuing compensation before they split. Decisions and compensation Division shall be confirmed by the joint compensatory obligations signed.
    Under joint compensatory obligations cannot agree, by a common organ under compensatory obligations their common superior customs decision.
    34th infringement has been confirmed illegal and compensation obligation can also be legitimate, voluntary basis, on the scope of compensation, reparation and consultations with the claimant, the amount of compensation, consultation was established, shall be made of the administrative compensation agreement, and signed by both parties for confirmation.
    Reach a compensation agreement, the claimant to request again on the same facts and grounds for compensation, is not admissible. 35th organ under compensatory obligations shall accept an application for compensation within two months from the date the law of compensation or no compensation decisions.
    But has following case one of of, during suspended, from suspended during of reasons elimination of day up, compensation obligations organ made decided of during continues to calculation: (a) compensation requests people death, need waiting for its heir or other has dependency relationship of relatives and dead before dependency of no labor capacity of people showed that whether participate in compensation case processing of; (ii) as compensation requests people of corporate or other organization terminated, need waiting for its right bear people of determine to and right bear people showed that whether participate in compensation case processing of;
    (C) the claimant incapacity, his legal representative has not been determined or appointed agent; (d) the claimant can not due to causes of force majeure, cannot participate in the compensation case processing; (v) according to the judiciary, other administrative decision or decision on the conclusion of the organs, organizations and (vi) other circumstances that warrant the suspension.
    Compensation obligations organ violation above provides late not made decided of, compensation requests people can since during expires of day up 60 days within to compensation obligations organ of Shang level customs application administrative reconsideration, compensation requests people on not compensation of decided or on compensation amounts, and compensation way, has objections of, can since received decided book of day up 60 days within to compensation obligations organ of Shang level customs application administrative reconsideration; compensation requests people also can since during expires of day or received decided book of day up three months within to court filed litigation.
    36th together in applying for administrative reconsideration, the applicant makes a request for reparations, administrative body for reconsideration shall, in accordance with the People's Republic of China on administrative review law, and of the People's Republic of China customs measures for the implementation of the administrative reconsideration law of the relevant regulations.
    Reconsideration of the original specific administrative act confirmed to have illegal or legal, should be based on the relevant provisions of the measures in the administrative reconsideration decision be made for compensation or no compensation decisions.
    The applicant is not satisfied with the reconsideration decision, you can receive the 15th days of the reconsideration decision bring a lawsuit to the people's Court within; the administrative body fails to make a decision, applications can be processed from the date of expiry of the review initiate litigation to the people's Court in the 15th.
    37th organ under compensatory obligations shall perform its Executive compensation decisions, Executive compensation agreements, administrative review of executive compensation decisions, as well as legally effective judgments or orders, or mediation.
    Compensation obligation fails to perform or delay compliance without good reason, Customs shall order the deadline to fulfil at a higher level.
    Second section identification compensation program 38th article customs shut member in identification goods, and items Shi damaged was identification goods, and items of, should truthfully fill in People's Republic of China Customs identification goods, and items damaged report book (following referred to customs identification goods, and items damaged report book) a type two copies, by identification shut member and party both signed, a copies make party, a copies left customs filed by. Customs in diameter when open inspection, re-inspection or extracted samples, shall keep the staff together with the cargo, the goods concerned.
    Cause damage to the cargo, the goods, inspection officer shall keep the officers as witnesses in the presence of customs inspection of goods signed, damage reports, and notify the party concerned in a timely manner.
    39th implementation of Customs shall damage was to inspect the goods and articles within two months from the date determining the amount of compensation, and fill in the Customs notice of compensation for damaged goods, the goods (hereinafter referred to as the notice) served on the parties concerned. 40th parties shall from the date of receipt of the notice, within three months of the notice to pay the customs, or the allocation of bank account notified customs.
    Late without good reason not to customs and pay, no bank account numbers to inform the Customs transfer, not compensation.
    41st article party on compensation has objections of, can in received notification single of day up 60 days within to made compensation decided of customs of Shang level customs application administrative reconsideration, on reconsideration decided refuses to of, can in received reconsideration decided of day up 15th within to court filed litigation; also can since received notification single of day up three months within directly to court filed litigation. Fifth chapter compensation way and calculation standard 42nd article has this approach sixth article provides case, violations citizens, and corporate and other organization of property caused damage of, according to following provides be compensation: (a) can returned property or recovery undisturbed of, be returned property or recovery undisturbed; (ii) caused property damaged of, compensation repair by needed costs or according to damage degree be compensation; (three) caused property out lost of, by violations occurred Shi local market be compensation, Out lost of property belongs to yet paid tax of entry goods, and items of, by customs law validation of-paid price be compensation; (four) property has law auction or sold of, payment auction or sold proceeds of price; (five) detained of property for Customs custody improper or not law auction, and sold caused loss of, on directly loss part be compensation; (six) led to warehouse fee, and freight, costs increased of, on increased part be compensation; (seven) caused discontinued closed of, compensation discontinued closed during of workers wage, and
    Necessary recurrent costs such as taxes, utilities, and (VIII) other damage to property, according to determine the amount of compensation for direct losses.
    43rd infringes personal rights of citizens, in accordance with the relevant provisions of the fourth chapter of the State compensation law, determine the amount of compensation and compensation.
    The 44th article customs when inspection turnover boundary cargo, the goods, damage caused by the goods, the goods shall, after the goods or articles damaged to determine, to customs for approval of customs value as the base, to determine the amount of compensation.
    The amount of compensation should be based on the damaged goods, goods subject to deterioration or its parts or repair costs determine, if necessary, can be determined with arrivial identified.
    The sixth chapter of the damages 45th coming into force according to the decision of compensation or other legal instruments, is necessary to return the property, return in accordance with the following provisions: (a) has not yet been turned over to the financial assets, the organ under compensatory obligations are responsible for the return and (ii) had submitted the financial payment from progressive organ under compensatory obligations reported to the financial Department of the General Administration of customs, the General Administration of customs to apply to the financial Department of the State return.
    46th must pay compensation, by the organs under compensatory obligations to smuggle from this unit costs in advance, and make special application to the financial Department of the General Administration of customs, the General Administration of customs apply to the national financial sector to allocate State compensation.
    47th article application nuclear dial national compensation costs or application returned has handed financial of property, should according to specific situation, provides following about file or file copy: (a) compensation requests people requests compensation of applications; (ii) compensation obligations organ made of compensation decided book or compensation agreement; (three) reconsideration organ of reconsideration decided book; (four) Court of judgement, and ruled book or administrative compensation mediation book;
    (E) the compensation obligation of intentional misconduct or gross negligence of responsibility in accordance with law, administrative sanctions and the implementation of recovery the opinions or decisions (vi) property has been turned over to the relevant financial credentials; (VII) other documents sought by the financial Department of the State or the copy of the file.
    48th organ under compensatory obligations to pay the claimant State compensation or restitution of property, the claimant shall issue a receipt or other legally valid documents, copies of receipts or other vouchers shall be submitted to the State's financial department.
    49th article customs when inspection turnover boundary cargo, the goods, identification of the damage identification of compensation for the cargo, the goods, the compensation paid by the Customs anti-smuggling handling fee.
    The seventh chapter accountability and recourse accountability 50th on the first section of the article fifth and sixth acts listed in the cause of State compensation wilful or gross negligence of persons shall be given administrative sanctions by the relevant authorities; illegal gains, and confiscated illegal income constitutes a crime, criminal responsibility shall be investigated according to law.
    Section II recovered the 51st after the administrative organ under compensatory obligations shall compensate for the losses, and shall order the intentional misconduct or gross negligence of staff or by organizations or individuals entrusted to bear part or all of the damages.
    52nd to persons when implementing the recovery shall be determined according to their degree of responsibility and the damage caused by determines the amount of compensation. Recovered amounts should generally be between 1-10 times their monthly pay.
    Under special circumstances the appropriate adjustments.
    53rd organ under compensatory obligations shall in compensation decisions, or administrative reconsideration decision made compensation decisions, rulings, legally effective administrative mediation of compensation and other legal instruments make a recovery decision within two months from the date.
    54th national compensation by the State Finance Department allocated, the organ under compensatory obligations to recourse against the responsible State compensation should be turned over to the State Finance Department.
    55th responsibilities against the recovery has the right to plead.
    Eighth chapter legal liability under compensatory obligation breach of 56th of these measures, without a legitimate reason not to accept applications for compensation, shall be ordered to receive is not accepted or not in accordance with the required deadline of making compensation decisions, and heads of the relevant government departments are directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions. 57th in handling compensation cases, the organ under compensatory obligations, favoritism or other malfeasance, dereliction, the relevant competent authorities shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    58th organ under compensatory obligations are not complied with or without justification to delay compliance for decision, and ordered to perform is not fulfilled, the head of the relevant government departments are directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions.
    59th administrative organs and their staff in the administrative reconsideration law responsibility in the application of the People's Republic of China relevant provisions of the administrative review law.
    Nineth chapter supplementary articles article 60th victim reputation or honour damage should be in the context of tort actions, for the victim to remove, rehabilitate and an apology.
    61st claimant request for State compensation prescription for two years, Customs Office and the staff member's terms of reference of the date on which the action is recognized as an offence in accordance with law, but was not in custody into account. The claimant compensation limitations within the last six months, due to force majeure or other causes preventing the claims, suspension.
    From the date of suspension of the limitation causes the elimination, limitation of claim shall resume.
    62nd compensation the claimant claims compensation, the organ under compensatory obligations to the claimant and the administrative body for reconsideration shall not charge any fee.
    63rd article customs accept applications for administrative compensation, accepting indemnity disagrees with the decision of the reconsideration application or request administrative compensation in conjunction with the application for reconsideration, compensation or no compensation decision or decision reached a compensation agreement, deciding to give inspection compensation, as well as of administrative compensation proceedings, shall promptly report to the competent Department of the General Administration of customs administrative compensation progressively, and related legal instruments is reported to the Department.
    64th article of the approach by the People's Republic of China General Administration of Customs is responsible for the interpretation.
    65th customs mentioned in these measures shall include the General Administration of customs.
                            66th these measures shall come into force on May 1, 2003, People's Republic of China Customs inspection of goods, damage compensation policy ([87] Department order No. 650), the General Administration of customs on forward of the regulation on the implementation of People's Republic of China notice to inform of the State compensation law (Department of [1995]57) repealed simultaneously.

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