Laws of the People's Republic of China

No. 154

The Measure for the Administration of the Customs of the People's Republic of China for the Entry-Exit of Articles of High-level Talents Having Studied Abroad and Returning to China and of Overseas Scientific and Technological Experts Who Come to Work in China have been deliberated and adopted at the executive meeting of the General Administration of Customs on December 21, 2006. They are hereby promulgated and shall enter into force as of January 1, 2007. Director Mou Xinsheng

December 26, 2006

Measure for the Administration the Customs of the People's Republic of China for the Entry-Exit of Articles of High-level Talents Having Studied Abroad and Returning to China and of Overseas Scientific and Technological Experts Who Come to Work in China

Article 1

The present Measures are constituted pursuant to related laws, administrative regulations and other related provisions of the state in order to encourage high-level talents who have studied abroad to return to China and encourage overseas scientific and technological experts to come to work in China, and promote the scientific and technological development.

Article 2

The present Measures shall be applicable for the entry or exit of articles for scientific research, teaching and personal use by way of separate transport, mail or express delivery which are carried with the high-level talents who have studied abroad and overseas scientific and technological experts (hereinafter referred to as the high-level talents) as determined by the Ministry of Personnel, Ministry of Education or its authorized department.

Article 3

In case a high-level talent who comes back to reside in China or who has worked in China continuously for more than one years (including one year, similarly hereinafter) carries to enter China a reasonable quantity of articles which are included in the checklist (see Attachment 1) attached to the present Measures and which are needed in the scientific research or teaching, the said articles shall be exempted from customs duties and released by the customs house in light of related provisions.

Article 4

In case a high-level talent who comes back to reside in China or who has worked in China continuously for more than one years carries to enter China a reasonable quantity of articles for personal use in the checklist (see Attachment 2) attached to the present Measures, the present articles shall be exempted from customs duties and released by the customs house pursuant to related provisions.

The aforesaid high-level talent may apply for shipping into China one motor vehicle (limited to a car, off-road vehicle, minibus with 9 or less seats) for personal use in accordance with related provisions, this vehicle shall be exempted from customs duties and released by the customs house subject to related provisions.

Article 5

A high-level talent with articles referred to in Articles 3 and 4 of the present Measures to enter China shall submit the high-level talent certificate issued by the Ministry of Personnel, Ministry of Education or its authorized department, and shall also handle the formalities in the customs house in accordance with the provisions as follows:

(1)

In case he carries any articles for scientific research or teaching to enter China by himself or by way of separate transport, he shall truthfully declare in written form to the customs house and submit his own valid entry-exit identity certificate;

(2)

In case he carries any articles for scientific research or teaching to enter China by mail or express delivery, he shall truthfully declare to the customs house and submit his own valid entry-exit identity certificate;

(3)

In case he comes back to reside in China or has continuously worked in China for more than one years, if he carries any articles for personal use to enter China, an Application Form of the Customs of the People's Republic of China for Entry of Articles for Personal Use shall be filled, and he shall submit his own valid entry-exit identity certificate, domestic certificate of permanent residence or Certificate of Expert Who Returns to China for Residence or Comes to China, he himself or his entrusted person shall submit an application in written form to the competent customs house as well.

Upon examination and approval of the competent customs office, the aforesaid articles shall be released by the customs house of the port of entry on the basis of the examination and approval documents of the competent customs house and other related documents.

Article 6

In case a high-level talent intends to convey from abroad a small quantity of consumptive reagent, raw materials or accessories due to the needs of work after he has returned or worked in China, the entity in which he works shall handle the related formalities in light of the Interim Measures for the Exemption of Import Duty on Articles Used for Scientific Research and Teaching.

In case the aforesaid high-level talent intends to temporarily convey from abroad a small quantity of non-consumptive articles for scientific research or teaching, a guaranty letter may be issued to the customs house by the entity in which he works. The customs house shall handle the related formalities for articles to enter China temporarily and shall supervise the outbound conveyance of the present articles as scheduled.

Article 7

In case a high-level talent has been approved to come back to reside in China or to come to work in China continuously for more than one years by the Ministry of Personnel, Ministry of Education or its authorized department, but if he has not obtained a permanent residence certificate within the territory of China or a Certificate of Expert Who Returns to China for Residence or Comes to China, the customs house may, release the articles of this high-level talent which have arrived at the port of entry upon the strength of written explanatory documents issued by the Ministry of Personnel, Ministry of Education or its authorized department.

The aforesaid high-level talent shall make up the related customs formalities within 6 months as of the day when the articles enter China.

Article 8

The motor vehicle which a high-level talent conveys into China subject to related provisions shall be a vehicle under the surveillance of the customs house. The high-level talent shall accept the customs' supervision.

The high-level talent shall apply for relieving the surveillance to the competent customs house one year after the date of release of the custom.

As for the supervisory matters in relation to the motor vehicles conveyed into China by high-level talents, they shall be disposed under the Measures of the Customs of the People's Republic of China for Supervising the Entry and Exit of Articles for Personal Use of Non-resident Permanent Passengers.

Article 9

In case a high-level talent carries the articles that he carried into China, with himself or by way of separate transport, mail or express delivery when he finishes his work in China and returns abroad, he shall handle related customs formalities.

Article 10

In case a high-level talent, needs to carry with himself a reasonable quantity of articles for scientific research or teaching, or by way of separate transport, mail or express delivery when he goes abroad to attend any academic exchange activity, the customs house shall handle the related formalities as required for the articles to exit from China temporarily, except for the articles that the state bans its exit.

Article 11

The customs house shall make it convenient for a high-level talent to handle the clearance formalities when he enters into or leaves China. The customs house is not required to open his suitcase to check the articles that he carries with himself, unless it is under any special circumstance.

The customs house shall designate a special department and a special person to timely handles the formalities for the examination, approval and release of the articles of a high-level talent to enter or exit China. As to any articles to enter or exit China by way of separate transport, mail or express delivery in legal holidays or in non-working time, in case of any special circumstance that it needs to be released in a timely manner, the customs house may prearrange some overtime work to handle the customs clearance formalities for the aforesaid articles.

Article 12

In case anyone is in violation of the present Measures by constituting an act of smuggling, or any customs supervisory provisions, he shall be punished subject to the Customs Law of the People's Republic of China and the Regulation of the People's Republic of China on the Implementation of Customs Administrative Punishment. If it constitutes a crime, he shall be investigated for the criminal liabilities.

Article 13

The present Measures are subject to the interpretation of the General Administration of Customs.

Article 14

The present Measures shall enter into force as of January 1, 2007.

Attachment 1 Checklist of Duty-free Articles for Scientific Research and Teaching

1.

Small quantities of small types of apparatus, instruments and their accessory parts for testing, analysis, survey, inspection, measurement, observation or generating signals in the scientific research, scientific experiments and teaching;

2.

Small quantities of small types of experimental equipment which are necessary for scientific research and teaching;

3.

Books, newspapers and journals, teaching notes, computer software;

4.

Samples and models;

5.

Teaching slides; and

6.

Materials for experiments.

Attachment 2 Checklist of Duty-free Articles for Personal Use

1.

Those who come to China for the first time can bring in video cameras for home use, cameras, portable tape-recorders, CD players and lap tops, one set for each item.

2.

Daily necessities (clothing, bedding, kitchen ware, etc.);

3.

Other articles for self use (excluding the 20 kinds of taxable commodities as prescribed by the state).