Measures of the Customs of the People’s Republic of China on Supervising Entry-exit Goods for Public Use of Permanent Setups were adopted by the Customs Conference on November 21, 2003. The said Measures are now published and implemented as of August 1, 2004.
Commissioner: Mu Xinsheng
June 16, 2004
Measures of the Customs of the People’s Republic of China on
Supervising Entry-Exit Goods for Public Use of Permanent Setups
Chapter I General
Article 1 The said Measures are formulated in accordance with Customs Law of the People’s Republic of China and other related laws, administrative laws and regulations for the purposes of regulating the customs’ management of entry-exit goods for public use of permanent setups.
Article 2 the permanent setups apply for entry-exit goods for public use should be confined to the use of the setups and reasonable quantity.
If the permanent setups enter and exit goods for public use, they should submit written application to the competent customs by themselves or by their trusted customs broker. After the examination and approval of the competent customs, the entry-exit customs examines and releases the goods by the approval papers of the competent customs and other related bills.
Article 3 The customs imposes tax on entry-exit goods for public use of the permanent setups in accordance with related provisions of Regulations of Import-Export Tariffs of the People’s Republic of China.
To the duty-free goods for public use of permanent setups entered according to the agreement between the governments, the customs exempts them from tax in accordance with laws.
Chapter II Supervision of Entry Goods for Public Use
Article 4 Before submitting their first application for the entrance of goods for public use, the permanent setups should go through the record formalities in the competent customs with following documents:
1. The original and the copy of the approval document of establishing the permanent setups of the authorities of examination and approval;
2. The original and copy of registration certificate issued by competent department (hereinafter referred to as “Registration Certificate”;
3. The model of the seal for customs declaration of the permanent setups;
4. The signature model, the original and copy of identification card of the person in charge of the organ;
5. The name list of the permanent staffs in the permanent setups, including name, sex, nationality, number of effective entry-exit credentials, number of permanent residence credentials, date of taking office, term of office, post and address in China.
If the competent customs verifies that all is in order, it approves and issues the Record Certificate of the permanent setups of the Customs of the People’s Republic of China (hereinafter referred to as “The Customs Record Certificate”, refer to Annex 1). If there is any change of the content of Customs Record Certificate, the permanent setups should go to the competent customs to go through the formalities for the change within ten working days as of the day of change.
Article 5 When the permanent setups apply for the entry of the goods for public use, they should submit following papers and certificates to the competent customs for examination:
1. The Customs Record Certificate;
2. Application Form of Entry-Exit goods for Public use of the Customs of the People’s Republic of China (hereinafter referred to as “Application Form”, refer to Annex 2);
3. Transport document, invoice, packing list and other related bills.
The competent customs should make a reply within three working days at the receipt of the application.
The permanent setups should submit the effective identification card of all permanent staffs of the organ for the examination, apart from the bills specified in above section when they apply for the entry of motor vehicles. The competent customs should make a reply within five working days at the receipt of the application.
Article 6 When the permanent setups go through the declaration formalities for the public use goods in the entry customs, they should fill in or trust customs broker to fill in the Declaration Forms of Importing Goods, submit the Application Form approved by the competent customs and provide transport document, invoice, packing list and other related bills for examination.
The entry customs should make a comment on the acknowledgement of the Application Form about the examination and return it to the competent customs for the verification.
Article 7 The customs should check and ratify the total number of entry motor vehicles according to actual number of the permanent staffs in the permanent setups when the permanent setups enter motor vehicles:
1. If the number of the permanent staffs is bellow five, the total number of entry vehicle is one;
2. If the number of the permanent staffs is above six and below ten, the total number of entry vehicle is not allowed to exceed two;
3. If the number of the permanent staffs is above eleven and below twenty, the total number of the entry vehicle is not allowed to exceed three;
4. If the number of the permanent staffs is above twenty-one and below thirty, the total number of the entry vehicle is not allowed to exceed four;
5. If the number of the permanent staffs is more than thirty-one, the total number of the entry vehicle is not allowed to exceed six.
Article 8 If the entry motor vehicles are seriously damaged due to accident or irresistible reasons, or lose their use value due to wastage or exceeding the service life, after discarding them, the permanent setups may apply again for the entry of motor vehicles according to the number of closing the case by the motor vehicle cancellation certification provided by public security and traffic administration at the approval of the competent customs to go through the formalities of closing the case of motor vehicles.
If the motor vehicles are lost, stolen, transferred or sold to others, or exceed the limit of supervision, the permanent setups are not allowed to apply again for the entry of motor vehicles.
Article 9 When the permanent setups enter motor vehicles, they should apply to the competent customs for obtaining Notice of Supervision of Drawing/Canceling the License for Entry-Exit Vehicles of the Customs of the People’s Republic of China (hereinafter referred to as “Notice of Drawing/Canceling License”, refer to Annex 3) and go through the formalities of obtaining by application for motor vehicle license within ten working days as of the clearance day. If the motor vehicles are duty-free entry ones, the permanent setups should obtain from the competent customs by application for Vehicle Supervision Registration Certificate of the Customs of the People’s Republic of China (hereinafter referred to as “Vehicle Supervision Registration certificate”, refer to Annex 4) by Motor Vehicle Driving License issued by Public Security and Traffic Administration within ten working days as of obtaining Notice of Drawing/Canceling License.
Article 10 After the verification of the competent customs, the entry models, advertisements and temporary imported goods of the permanent setups are examined and granted clearance in accordance with Supervision Measures on Entry-Exit Models and Advertisements of the Customs of the People’s Republic of China and Supervision Measures on Temporary Imported Goods of the Customs of the People’s Republic of China.
Chapter III The Supervision of Entry Goods for Public Use
Article 11 If the permanent setups re-exit the former entry goods for public use, they should make an application to the competent customs with Customs Record Certificate, Application Form and other related bills. The competent customs should make a reply within three working days at the receipt of the application. If the permanent setups apply for re-exiting the former entry motor vehicles, the competent customs should issue Notice of Drawing/Canceling License after the verification and approval. The permanent setups should go to the public security and traffic administration to go through the formalities of license cancellation by the notice. The competent customs should make a comment on the Application Form about the license cancellation after the receipt of the acknowledgement of Notice of Drawing/ Canceling License.
Article 12 The permanent setups should fill in Declaration Form of Exported Goods and submit Application Form issued by competent customs and related bills.
Exit customs should make a comment on the Application Form about the clearance of the goods, and return it to the competent customs for verification.
Chapter IV Follow-Up Supervisions of Duty-Free Entry Motor Vehicle
Article 13 If the duty-free motor vehicles entered by the permanent setups in accordance with the provisions of Article 3, Section 2 of the said Measures belong to the motor vehicles supervised by the customs, the competent customs exercises follow-up supervision over them. The supervision begins from the customs declaration day for a period of six years.
Without the permission of the customs, the Permanent setups are not allowed to transfer, sell, let, pledge, hypothecate or deal with by other means by themselves within the period of the customs supervision.
Article 14 The customs institutes annual examination systems over supervised entry motor vehicles of the permanent setups. The permanent setups should drive the supervised motor vehicles to the appointed site within fixed time according to the announcement of the competent customs and go through the formalities of annual examination of the motor vehicles in the competent customs with the Registration Certificate of Supervised Vehicles, Driving License of Motor Vehicles and Customs Record Certificate. If they pass the examination, the competent customs will put the annual examination seal on Registration Certificate of Supervised Vehicles.
Article 15 If the motor vehicles of the permanent setups have been supervised over 4 years as of the customs declaration day, the supervised motor vehicles are allowed to be transferred to other permanent setups or staffs, or sold to franchise operating unit in accordance with rules with the approval of the competent customs. The entry quota of motor vehicles of assignee should be reduced accordingly.
If the assignee also has the right of duty-free entry of motor vehicles, the assigned motor vehicles are exempted from taxation. The competent customs of the assignee exercises follow-up supervision in left years of the supervision.
Article 16 When the permanent setups transfer their supervised entry motor vehicles, the assignee should submit to the competent customs the Application Form of Transferring Vehicles for Public/Private Use of the Customs of the People’s Republic of China (hereinafter referred to as “Transfer Application Form”, refer to Annex 5) and other related bills signed by seller and assignee. After the verification and comment of the competent customs of the assignee, the Transfer Application Form is transferred to the competent customs of the seller. After the approval of the competent customs of the seller, the seller goes through the formalities of license cancellation of motor vehicles in the public security and traffic administrations by the Notice of Obtaining/Canceling License issued by its competent customs. After the competent customs handled the formalities of closing case of the motor vehicles, the original files of the motor vehicles and the acknowledgement of Transfer Application Form are transferred to the competent customs of the assignee. The assignee goes through the formalities of obtaining by application for motor vehicle license in the public security and traffic administrations. If the overdue tax should be paid for the motor vehicles, the overdue tax should be paid by the assignee to its competent customs.
When the permanent setups sell the supervised entry motor vehicles, Transfer Application Form signed by permanent setups should be submitted to the competent customs of the permanent setups by franchise operating unit. If the competent customs verifies that all is in order, the franchise operation unit handles related formalities of canceling motor vehicle license according to the provisions of above section and pay overdue tax to the competent customs in accordance with laws.
Article 17 If the motor vehicles are at the expiration of customs supervision, the permanent setups should apply to the competent customs for canceling supervision by the Application Form of Canceling Supervision of Vehicles for Public/Private Use of the customs of the People’s Republic of China (refer to Annex 6), Registration Certificate of Supervised Vehicles, Motor Vehicle Driving License and Customs Record Certificate. After the verification, the competent customs issues Certificate of Canceling Supervision of Vehicles of the Customs of the People’s Republic of China (refer to Annex 7). By the Certificate, the permanent setups go to the public security and traffic administrations for going through related formalities.
Article 18 If the motor vehicles are compensated to others for debt due to the decision of the court, or lost, or stolen during the supervision period, the former owner of the motor vehicles should apply to the customs for going through the formalities of canceling the supervision by related certificates, and pay an overdue tax in accordance with laws.
Article 19 If the permanent setups are not allowed to cancel the supervision over the vehicles, they should go through the formalities of closing case of customs supervision over motor vehicles and other related formalities.
Chapter V Legal Liability
Article 20 If the permanent setups fail to go through annual examination formalities of the motor vehicle supervision in the customs in accordance with the said Measures, transfer and sell the supervised motor vehicles by themselves, or smuggle, or contrary to the provisions of customs supervision, the customs will punish them in accordance with the Customs Law of the People’s Republic of China and Administrative Punishment Implementing Detail Rules and Regulations of the Customs Law of the People’s Republic of China. If they commit a crime, they should be ascertained criminal responsibility.
Chapter VI Supplementary Article
Article 21 The meaning of following words in these measures:
“Permanent setups” means the permanent setups established in the territory of China by foreign enterprises, information organs, economic and commercial setups, cultural organizations and other foreign legal persons with the approval of the competent authorities of the People’s Republic of China.
“The competent customs” means the direct affiliated customs in the location of the permanent setups or subordinate customs authorized by direct affiliated customs.
“The goods for public use” means necessary office equipment, office materials and motor vehicles of the permanent setups.
“Motor vehicles” means cars, vehicles and minibus with no more than nine seats, including nine seats.
“Below” and “Above” in Article 7 of these measures include the said number.
Article 22 The said measures do not apply to the goods entered to China of foreign embassy and consulate, United Nations and its special organs, and representative organs of other international organizations that signing an agreement with Chinese government, and their goods will be dealt with in accordance with related laws, administrative laws and regulations.
Article 23 The interpretation of the said Measures shall be vested in the General Administration of Customs.
Article 24 The said Measures are implemented as of August 1, 2004. The standard documents listed in Annex 8 of these Measures are abolished at the same time.
(All information published in this website is authentic in Chinese. English is provided for reference only. )
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