Laws and Regulations
Chinese Law
Source: Ministry of Commerce Website, PRC
METHODS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE SUPERVISION AND REGULATION OF ENTRY AND EXIT EXPRESS DELIVERY
Sunday, January 25, 1998 Posted: 10:55 BJT (0255 GMT)
(Valid From:1998.04.01)
(Promulgated by the General Administration of Customs of the People’s Republic of China on January 25, 1998)
- CHAPTER ONE GENERAL ARTICLES
- CHAPTER TWO RECORDATION, EXAMINATION AND APPROVAL
- CHAPTER THREE CLASSIFICATION OF EXPRESS DELIVERY
- CHAPTER FOUR CUSTOMS DECLARATION REQUIREMENTS AND STIPULATIONS
- CHAPTER FIVE COURIER EXPRESS DELIVERY
- CHAPTER SIX LEGAL RESPONSIBILITIES
- CHAPTER SEVEN SUPPLEMENTARY ARTICLES
CHAPTER ONE GENERAL ARTICLES
Article 1 These Methods are formulated in accordance with the Customs Law of the People’s Republic of China and other relevant laws and regulations.
Article 2 To engage in operations of entry and exit express delivery, it shall be necessary to obtain the approval from the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) of the People’s Republic of China and, in accordance with These Methods, apply with and go through recording formalities with the customs administration (hereinafter referred to as the customs) of the People’s Republic of China.
Article 3 The operator shall not deliver any goods the entry and exit of which is forbidden by the laws and administrative regulations of the People’s Republic of China.
Without approvals from the competent postal authorities of the People’s Republic of China, the operator shall not deliver private mail.
Article 4 The customs shall, according to the Import and Export Tariff Rules of the People’s Republic of China or the Methods on the Collection of Import and Export Tariffs on Entry Passenger Luggage and Articles and Mailed Personal Effects, collect the import and export tariffs on entry and exit express-delivered goods and, in accordance with stipulations, collect such relevant fees such as customary fees and regulation fees on entry and exit express-delivered goods.
Article 5 In relation to express delivery in conformity with supervisory and regulatory requirements, the customs may accept customs declarations filed by the operator via the electronic data exchange (EDI) mode. Customs declarations filed via EDI have the same legal effectiveness as written customs declarations.
The specific methods regarding customs declarations via EDI shall be separately formulated by the Customs General Administration of the People’s Republic of China (hereinafter referred to as CGA).
CHAPTER TWO RECORDATION, EXAMINATION AND APPROVAL
Article 6 Before applying for going through registration and recording formalities for entry and exit express delivery with the customs, the operator shall in advance obtain the qualification of serving as customs declaration agent by presenting the following documentation with the local customs post; the local customs post will examine these documentation, put forth its opinion and then submit the documentation to the CGA for examination and approval:
(1) The application form;
(2) The approval documentation permitting the start-up of entry and exit express delivery operations issued by the competent foreign economic and trade authorities of the People’s Republic of China;
(3) The enterprise legal person business license;
(4) A copy of the Registration Certificate for Customs Declaration Agency;
(5) The articles of associations of the enterprise;
(6) The contract (or agreement) on transport cooperation with the overseas partner (including an overseas branch established an enterprise legal person inside the Chinese territory);
(7) The drawing sheet of the exclusive use warehouse under supervision and regulation; and
(8) Other documentation as required by the customs.
The customs post where the operator is located shall put forth its opinion within thirty (30) days upon receipt of the documentation in the above paragraph and submit them to the CGA.
The CGA shall, within sixty (60) days upon receipt of the documentation submitted by customs post where the operator is located, make a decision in the affirmative or negative. An approval document shall be issued in case of examination and approval of the CGA.
Upon presentation of the approval document issued by the CGA, the operator shall go to the customs post where it is located for registration and registration formalities; after completing registration and registration formalities, the customs post where the operator is located shall issue the Entry and Exit Express Delivery Operator Registration and Recording Certificate.
Article 7 The customs shall enforce an annual inspection system on the operators. The operator shall, prior to January 31 of each calendar year, submit the operational performance report to the local customs post for purposes of going through the annual inspection formalities. In cases of failure to participate in the annual inspection before the deadline or failure to pass the annual inspection, the Entry and Exit Express Delivery Operator Registration and Recording Certificate shall automatically lose validity. The express delivery consigned by the operator shall no longer be supervised and regulated by the customs according to These Methods; instead, it shall be governed by supervisory and regulatory and clearance formalities applicable to general import and export goods.
Article 8 The operator shall obtain the Entry and Exit Express Delivery Operator Registration and Recording Certificate and its full-time customs declarers shall obtain customs declarer qualifications before the operator can go through customs declaration formalities for entry and exit express delivery in accordance with These Methods.
If the operator fails to conduct business operations within six (6) months upon obtainment of the Entry and Exit Express Delivery Operator Registration and Recording Certificate, this certificate shall automatically lose validity.
Article 9 Should the operator need to change the contents registered and recorded with the customs, it shall, upon presentation of the approval documentation of the previous examining and approving authorities, report the need in written form to the local customs post; after examination and approval, the local customs post will then submit it to the CGA.
CHAPTER THREE CLASSIFICATION OF EXPRESS DELIVERY
Article 10 In These Methods, express delivery shall be divided into the following four categories:
(1) Category A: The documents, materials, bills and notes exempt from tariffs under the existing customs regulations;
(2) Category B: The articles exempt from tariffs within a limited value under the existing customs regulations;
(3) Category C: The articles subject to tariffs which exceed no more than RMB 5,000 yuan over the limited value under the existing customs regulations. The commodities subject to import and export restrictions and quota administration provided for in the laws and administrative regulations are not included in this category; and
(4) The articles other than the aforementioned ones.
Article 11 The classification outlined in Article 10 of These Methods and the customs declaration procedures for each category shall also apply to entry and exit.
CHAPTER FOUR CUSTOMS DECLARATION REQUIREMENTS AND STIPULATIONS
Article 12 The customs declaration and inspection of express delivery shall be conducted within the office hours and at special supervision and regulation venues of the customs post where the operator is located. If such declaration and inspection need to be conducted after outside the office hours or special supervision and regulation venues of the customs, prior consent shall be obtained from the customs on a consultation basis.
If the operator requests the on-the-site of supervision and regulation of customs officers, consent shall be obtained from the customs on a consultation basis and necessary office space and facilities shall be provided for the customs without any compensation.
Article 13 For entry express delivery, customs declaration formalities shall be gone through within twenty-four (24) hours after the entry of the transport vehicle.
For exit express delivery, customs declaration formalities shall be gone through four (4) hours before the exit of the transport vehicle.
Article 14 The operator dealing in entry and exit express delivery operations shall be responsible for the following duties:
(1) Punctually presenting bills and materials necessary for customs clearance of express delivery and accurately declaring the consigned express-delivered goods.
(2) Notifying the consignor and the consignee to pay, or acting as agent for the consignor or the consignee in the payment of, import and export tariffs for express delivery.
(3) Unless permitted by the customs, the express delivery within the time limit of supervision and regulation shall be deposited in the specially established customs supervision and regulation warehouse and well kept.
(4) Prior to the inspection of express delivery by the customs, the operator shall classify express delivery. When the customs conducts such inspection, the operator shall dispatch staff members to the site, who shall be responsible for the moving, unpacking and re-packing of the express delivery.
(5) If the express delivery are found to contain articles the entry and exit of which is banned by the laws and regulations of the People’s Republic of China, no handling shall be conducted without authorization; the customs shall be immediately notified and assisted in handling.
Article 15 Unless otherwise provided for, express delivery falling into categories A, B and C shall be declared to the customs in compliance with the following stipulations:
(1) For Category A express delivery, customs declaration formalities shall be gone through with the customs upon presentation of the KJ1 Declaration Form, the consignment form, and the sub-consignment form and invoice for each piece of express delivery.
(2) For Categories B and C express delivery, customs declaration formalities shall be gone through with the customs upon presentation of the KJ1 Declaration Form, the consignment form, and the sub-consignment form and invoice for each piece of express delivery.
With regard to the Categories A, B and C express delivery declared in line with the above stipulations, the customs may, in view of circumstances, request the operator to provide detailed written information pertinent to the articles before release these articles.
Article 16 For Category D express delivery, the customs declaration form for import and export goods and bills relating to the import and export of goods and articles shall be presented when customs formalities are gone through.
CHAPTER FIVE COURIER EXPRESS DELIVERY
Article 17 If the operator consigns entry and exit express delivery by courier, it shall, in accordance with the stipulations of Chapter Two of These Methods, go through registration, examination and approval formalities with the customs. In case of examination and approval, the local customs post shall issue the Courier Express Delivery Registration and Recording Certificate. The operator shall go through customs declaration formalities upon presentation of this certificate issued by the customs.
Courier express delivery shall enter and exit from the designated port within the customs zone the customs post where the operator is located and customs formalities shall be gone through according to the stipulation of Chapter Four of These Methods.
Article 18 The operator shall have such detailed information as the time, consignment route, transport vehicle number and courier of courier express delivery recorded at the local customs post. Should such information need to be changed, the operator shall submit changes to the customs post for examination and approval fifteen (15) days in advance.
Article 19 Special packing shall be used for courier express delivery. The name of the operator and the word “Courier Express Delivery” shall be printed on the general packing.
CHAPTER SIX LEGAL RESPONSIBILITIES
Article 20 In case of violations of These Methods, the customs shall, in compliance with the Customs Law of the People’s Republic of China, the Detailed Implementing Rules for Administrative Punishments under the Customs Law of the People’s Republic of China And other relevant regulations.
CHAPTER SEVEN SUPPLEMENTARY ARTICLES
Article 21 The following articles in the express delivery shall be inspected and released by the customs in accordance with relevant stipulations:
(1) Personal effects;
(2) The entry and exit public and private articles of foreign embassies, consulates and their staff members in the People’s Republic of China;
(3) The entry and exit public and private articles of various specialized agencies of the United Nations, other international organizations and their staff members in the People’s Republic of China in the People’s Republic of China; and
(4) The entry and exit public and private articles of permanent foreign commercial presence and their staff members.
Article 22 The meanings of the following words used in These Methods:
“Entry and exit express delivery” shall refer to the articles and goods, the entry and exit of which is consigned by the operator within a specified time frame and by way of rapid commercial transport modes.
“Courier express delivery” shall refer to the entry and exit express delivery consigned by the operator by way of courier escort.
“Operator” shall refer to an enterprise duly registered inside the territory of the People’s Republic of China and approved to engage in entry and exit express delivery operations by the competent economic and foreign trade authorities of the People’s Republic of China.
“Supervision and regulation time limit” shall refer to the time frame between the declaration of the transport vehicle to completion of customs formalities for entry express delivery, or the time frame between the declaration to the customs to the exit of the transport vehicle for exit express delivery.
Article 23 The Customs General Administration shall be responsible for the interpretation of These Methods.