|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| e012872004121020050101the Ministry of CommerceOrder of the Ministry of Commerce of the People's Republic of ChinaNo.27The Measures for the Administration of Licenses for the Import of Goods, which were adopted at the 17th executive meeting of the Ministry of Commerce on December 9th, 2004, are hereby promulgated and shall go into effect as of January 1st, 2005.Minister of the Ministry of Commerce Bo XilaiDecember 10, 2004epdf/e03862.pdfA5,P2goods, licenses for the import, catalogue for goods, catalogue for graded license issuance, quota license, application documents, basis for issuance of license, sign and issue, period of validitye03862Measures for the Administration of Licenses for the Import of GoodsChapter I General ProvisionsArticle 1 With a view to regulating the administration on the import licenses, maintaining the order of import of goods and promoting the healthy development of foreign trade, the present Measures are formulated in accordance with the provisions of the Foreign Trade Law of the People's Republic of China and the Ordinance of the People's Republic of China on the Administration of Import and Export of Goods.Article 2 The State shall implement the uniform system of licenses for the import of goods. And for goods under import restriction, the State shall apply the import license administrationArticle 3 The Ministry of Commerce shall be the department of centralized administration of import licenses of the whole country, and shall be responsible for formulating the rules and regulations on the administration of import licenses, supervising and inspecting the enforcement of the measures for the administration of import licenses and punishing the rule-breaking acts.The Ministry of Commerce shall, together with the General Administration of the Customs, formulate, regulate and promulgate the annual Catalogue for Goods Subject to the Administration of Import Licenses. The Ministry of Commerce shall be responsible for formulating, regulating and promulgating the annual Catalogue for Graded License Issuance of Goods Subject to the Administration of Import Licenses.The Catalogue for Goods Subject to the Administration of Import Licenses and the Catalogue for Graded License Issuance of Goods Subject to the Administration of Import Licenses shall be promulgated by the Ministry of Commerce in the form of public notice.Article 4 The Ministry of Commerce shall authorize the Quota License Affaires Bureau (hereinafter referred to as the License Bureau) to be in uniform charge and guide the work for the issuance of import licenses by the license-issuing agencies of the whole country. The License Bureau shall be responsible to the Ministry of Commerce.Article 5 The License Bureau, the special commissioner's offices of the Ministry of Commerce in all localities (hereafter referred to as the local special commissioner's offices) and the commerce offices or bureaus and the commissions, offices or bureaus of foreign trade and economic cooperation of all the provinces, autonomous regions, municipalities directly under the Central Government, cities directly under state planning and other provincial capital cities authorized by the Ministry of Commerce (hereafter referred to as the local license issuing agencies) shall be the import license issuing agencies, which shall, under the uniform administration of the License Bureau, be responsible for the work of issuance of licenses within their respective authorized purview.Article 6 The import license shall be a legal warrant on basis of which the state administers the import of goods. A foreign trade operator (hereinafter referred to as the operator) shall apply for the import license as required to the designated license-issuing agency for those goods subject to the administration of import license before the import, unless it is otherwise specified by the State. And the customs shall accept the application and release the goods on the basis of the import license.Article 7 The import license shall apply to the import of goods within the Catalogue for Goods Subject to the Administration of Import Licenses.Article 8 No import licenses may be sold, transferred, altered, forged or changed.Chapter II Application Documents To Be Submitted for Import LicensesArticle 9 The operator shall carefully fill in the application form for import license according to the facts when applying for an import license, and stamp on it with his seal.Article 10 The operator shall submit the documents of approval for import and the relevant documents as prescribed in the "Basis for Issuance of Import Licenses" of Chapter III of the present Measures to the license issuing agency in the light of the conditions of import of goods.Article 11 The operator shall submit the qualified Enterprise Juridical Person Registration Business License after annual examination, and the Form for Archival Filing and Registration of Foreign Trade Operators with the special seal for archival filing and registration of the foreign trade operator, or the qualification certificate of import and export enterprises. If the operator is a foreign-funded enterprise, it shall also submit the certificate of approval for a foreign-funded enterprise. If the goods to be imported fall within the scope of state-owned trade or there are other requirements of qualification administration on them by the State, the relevant documents of the Ministry of Commerce or of the relevant departments shall also be offered.Chapter III Basis for Issuance of Import LicensesArticle 12 Every license-issuing agency shall issue import licenses in accordance with the following provisions and on the basis of the scope as prescribed in the Catalogue for Goods Subject to the Administration of Import Licenses and the Catalogue for Graded License Issuance of Goods Subject to the Administration of Import Licenses as formulated by the Ministry of Commerce:1.For the chemical products under supervision and control, the license-issuing agency shall issue the import license on the strength of the Ratification Form for the Import of Chemicals under Supervision and Control as approved by the Office of the State Leading Group for Performance of the Convention on Chemical Weapons and the import contract (a photocopy of the original).2.For the chemicals liable to producing narcotic drugs, the license-issuing agency shall issue the import license on the strength of the Reply on Import of Chemicals Liable to Producing Narcotic Drugs of the Ministry of Commerce;3.For the ozonosphere-consuming materials, the license-issuing agency shall issue the import license on the strength of the Form for Examination and Approval of the Import of Ozonosphere-Consuming Materials under Control as approved by the State Office of the Administration of Import and Export of Ozonosphere-Consuming Materials. And4.For other commodities whose import is restricted according to the provisions of any law or any administrative regulation, the license-issuing agency shall issue the import license in light of the licensing documents issued by the competent department of commerce of the State Council or by the competent department of commerce of the State Council together with other relevant departments.Article 13 For the import of chemicals under supervision and control, chemicals liable to producing narcotic drugs and ozonosphere-consuming materialsin processing trade, which are subject to the administration of import licenses, the license-issuing agency shall cope with it respectively according to the provisions of paragraph 1, paragraph 2, and paragraph 3 of Article 12 .Article 14 If a foreign-funded enterprise imports chemicals under supervision and control, chemicals liable to producing narcotic drugs and ozonosphere-consuming materials subject to the administration of import licenses, the license-issuing agency shall cope with it respectively according to the provisions of paragraph 1, paragraph 2, and paragraph 3 of Article 12 .Article 15 When applying for an import license, the operator shall make application according to the facts pursuant to the present Measures, and may not make falsification or cheat to receive the import license by means of fake documents or fake contract.Chapter IV Issuance of Import LicensesArticle 16 The license-issuing agency shall issue the import licenses for the relevant commodities strictly in accordance with the annual Catalogue for Goods Subject to the Administration of Import Licenses and the Catalogue for Graded License Issuance of Goods Subject to the Administration of Import Licenses as promulgated by the Ministry of Commerce. When importing commodities in the Catalogue for Goods Subject to the Administration of Import Licenses, the operator shall apply for an import license to the license-issuing agency as designated in the Catalogue for Graded License Issuance of Goods Subject to the Administration of Import Licenses.Article 17 Every license-issuing agency shall issue import licenses in light of the basis for license issuance of Chapter III of the present Measures, and may not issue any import license by exceeding his authority or exceeding the scope of license issuance.Article 18 The administration on import license shall apply the administration of "one license for one customs house". Generally, an import license shall apply "one batch, one license". Where "non-one batch, one license" is to be applied, the words "non-one batch, one license" shall be printed in the remark column of the import license.The "one license for one customs house" shall mean that one import license may only be declared at one customs house; the "one batch, one license" shall mean that one import license may be used in customs declaration only once within the period of validity; the "non-one batch, one license" shall mean that one import license may be used for many times in customs declaration within the period of validity but not more than 12 times at most, and the customs shall endorse in the "endorsement column of customs examination and release" on the back of the license to verify and reduce the import quantities batch by batch.For the import of large amount of goods in bulk subject to license administration, the amount of overload shall be dealt with in pursuance of the international trade convention, that is, the amount of overloaded large amount of goods in bulk declared to the customs for import shall not exceed 5% of the amount of import as listed in the import license. Those large amount of goods in bulk not subject to the system of "one batch, one license" shall be verified and deducted in light of the actual import amount after verifying while importing every batch of the goods. When the last batch of goods are imported, their overloaded amount shall be calculated based on the actual remaining amount of the license and within 5% above the upper limit of the overload.When issuing the licenses for the import of goods of this kind, the license-issuing agency shall issue the license strictly according to the amount of import quota and the amount as checked by the approval documents, verify and deduct the amount of quota in pursuance of the actual issuance amount in the license, and shall not issue the license pursuant to the amount of import quota or the amount checked by the approval documents plus the overloaded amount as permitted by the international trade convention.Article 19 If an application meets the requirements, the license-issuing agency shall issue the import license within 3 workdays as of the date of receiving the application. Under special circumstances, it shall not exceed ten workdays at most.Chapter V The Periods of Validity of Import LicensesArticle 20 The period of validity of an import license shall be one year.1.The import license shall be issued within the period of validity as prescribed by the approval documents of the administrative department of import.2.The import license shall be effective at the current year. Where it is necessary to be used in the crossing years, the period of validity shall not at most exceed March 31st of the next year; and3.The import license shall be used within the period of validity. Where the time limit of validity expires, it will be invalid automatically, and the customs shall not release the goods.Article 21 Where an import license fails to be used within the period of validity due to some reasons, the operator shall apply for extension to the original license-issuing agency within the period of validity. The license-issuing agency shall take back the original license, and reissue an import license after writing off the original license in the computer management system of the import and export licenses, and indicate in the remark column the extended use and the number of the original license.Where an import license fails to be fully used within the period of validity due to some reasons, the operator shall apply for extension of the part unused to the original license-issuing agency within the period of validity. The license-issuing agency shall take back the original license, cancel the quantity that has been used after verification of the original license in the license issuance system, and then reissue an import license and indicate in the remark column the extended use and the number of the original license.An import license may only be extended for once, and the period of extension shall not exceed three months at most.Where an application for extension fails to be filed within the period of validity of an import license, the import license shall be invalidated automatically, and the license-issuing agency shall not accept the application for extension of the license. The import license shall be regarded as being given up automatically by the holder.Article 22 Once an import license is issued, no one may alter its contents in the surface of the license without permission. Where it is necessary to alter it, the operator shall file an application for alteration within the period of validity of the license, and return the license to the original license-issuing agency that shall then change and reissue the license.If the alteration of a license involves the operator, tax number, amount, sum of money, price, original place for production, import usage, sources of foreign exchange, ways of trade, declaration port of the import commodity and etc., and the original approval organ has corresponding restrictions, the operator shall provide the approval documents for alteration by the original approval organ.Article 23 In case an import license received is lost, the operator shall report the loss in written form to the customs house at the place of the import port as indicated in the surface of the license and the relevant license-issuing agency, announce cancellation of the license, and shall report the case to the public security organ in time. The license-issuing agency may revoke the original import license and issue a new license after receiving the report of such loss from the operator and verifying that the license has really been not used for passing through the customs.Article 24 Where such entities as the customs, industry and commerce, public security, disciplinary inspection and the court need to inquire or investigate about any import license to any license-issuing agency, it shall show the relevant certificates according to law, and the license-issuing agency shall accept the inquiry.Article 25 Where the license-issuing agency is adjusted for any commodity subject to the administration of import licenses, the former license-issuing agency shall not reissue the import license for this commodity as of the date of such adjustment, and shall report the conditions of application of the operator before adjustment to the license-issuing agency. The license applied for and received by the operator before the adjustment shall be effective continuously within the period of validity. If the import license is not used or not fully used within the period of validity, the operator shall go through formalities for extension at the license-issuing agency after adjustment.Chapter VI Inspection and PunishmentArticle 26 The Ministry of Commerce shall authorize the License Bureau to make regular inspections on every license-issuing agency. The inspection shall include the conditions of the implementation of the present Measures by the license-issuing agency, and shall focus on whether there are such acts in violation of regulations as issuing license by exceeding his authority or grades or without approval documents for certificate issuance. The method combining regular or irregular self-inspection of each license-issuing agency with the spot check of the License Bureau shall be applied as the ways of inspection. The License Bureau shall report the inspection conditions to the Ministry of Commerce.Article 27 Every license-issuing agency shall transmit the data on license issuance in time pursuant to the provisions of the Ministry of Commerce on online checking of licenses, so as to ensure that the operator may apply to the customs successfully and ensure the checking of the customs. It shall carefully check up the checked data fed back by the customs, and inspect the conditions for the use of the license and find out the current problems. The License Bureau shall report regularly the checked data checked and fed back by the customs to the Ministry of Commerce.Article 28 The import license, which is issued by exceeding the authority or grades or without effective approval documents, shall be invalid. If any license-issuing agency violates the provisions, the Ministry of Commerce shall give it warnings, suspend or cancel its authority to issue licenses in light of the circumstances.Article 29 Where anyone has received an import license by fraud or other improper means in violation of the present Measures, the import license shall be taken over according to law. And the Ministry of Commerce shall not accept the application of the violator for import licenses within three years, or prohibit the violator from undertaking the relevant business activities of import of goods within the period of one to three years.Article 30 Where anyone forges, alters or purchases any import license, he shall be subject to criminal liabilities in accordance with the provisions of the Criminal Law on the crime of illegal management or the crime of forging, altering or purchasing the documents, certificates and seals of the state organ. If the circumstance is not serious enough to be subject to criminal punishment, a punishment shall be given according to the relevant provisions of the Customs Law. And the Ministry of Commerce may prohibit the violator from undertaking the relevant business activities of import of goods within the time limit of one to three years.Article 31 The Ministry of Commerce shall take over or revoke the import licenses involved in Articles 28, 29 and 30 once it confirms the fact after investigation. For issues concerning the aforesaid licenses, which are discovered by the customs during the process of actual supervision or case handling, the license-issuing agency shall give clear reply and positive cooperation.Article 32 Where any staff member of a license-issuing agency has any act in violation of regulations, which does not constitute a crime, he shall be transferred from his post and be subject to administrative punishment respectively according to the circumstances. If a crime is constituted, he shall be transferred to the department of justice and subject to criminal liabilities.Chapter VII Supplementary ProvisionsArticle 33 Where there are otherwise provisions in laws and administrative regulations on the administration of import goods in bonded warehouses, bonded zones and export processing zones, those provisions shall prevail.Article 34 The power to interpret the present Measures shall remain with the Ministry of Commerce.Article 35 The present Measures shall go into effect as of January 1st, 2005. The Measures for the Administration of Licenses for the Import of Goods (Order No.22 [2001] of the Ministry of Foreign Trade and Economic Cooperation) as printed and distributed by the former Ministry of Foreign Trade and Economic Cooperation shall be abolished simultaneously. |
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/cn/legis/cen/laws/mftaolftiog633