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Category | CUSTOMS | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1997-01-03 | Effective Date | 1997-01-03 |
Regulations of the People's Republic of China on Inspection Conducted by the Customs |
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Article 1 These Regulations are formulated with a view to establishing
and perfecting the system of inspection conducted by the Customs,
strengthening the Customs' supervision and administration, maintaining the
normal order of import and export and the legitimate rights and interests of
the parties concerned, ensuring the tax revenue of the State, promoting the
development of foreign trade.
Article 2 "Inspection conducted by the Customs" as referred to in these
Regulations means that the Customs exercises inspection, within 3 years from
the date of the release of the import or export goods or during the time of
the Customs' control, over the bonded goods, the import goods and articles
for which duties reduction or exemption is granted, the accounting books,
vouchers for the accounts, the Customs declaration documents and other
relevant materials (hereinafter referred to as accounting books, documents
and other relevant materials) and relevant import and export goods of the
persons under inspection, and supervises the authenticity and legality of
the import and export acts of the persons under inspection.
Article 3 The Customs shall exercise inspection over the following
enterprises and units involved directly in import and export acts:
1. The enterprises and units engaged in foreign trade;
2. The enterprises engaged in foreign processing business;
3. The enterprises engaged in bonded business;
4. The enterprises engaged in utilizing or managing import goods with
Customs duties reduced or exempted;
5. The enterprises engaged in declaration to the Customs;
6. The other enterprises and units involved directly in import and
export acts, and stipulated by the General Customs Administration.
Article 4 The Customs and the Customs personnel shall, when performing Article 5 Accounting books, accounting vouchers, accounting statements Article 6 Enterprises and units involved directly in import and export The documents of declaration to the Customs, the documents of import and Article 7 Where enterprises and units involved directly in import and Article 8 Enterprises and units involved directly in import and export Article 9 The Customs shall, according to the need of the Customs' Article 10 The Customs shall, when conducting inspection, notify in Article 11 The Customs shall, when conducting inspection, form an Article 12 When the Customs conducts inspection, the Customs personnel The Customs inspection certificates shall be made and issued uniformly Article 13 When the Customs conducts inspection, any Customs personnel Article 14 The Customs may, when conducting inspection, exercise the 1. To examine and to copy the accounting books,documents and other 2. To enter into the places where the persons under inspection are 3. To make inquiries of the legal representatives, chief personnel in 4. Upon approval of the director of the Customs establishment, to examine Article 15 Where it discovers, when conducting inspection, that the Where the truth has been found out, or the proof has been obtained, the Article 16 Where it discovers, when conducting inspection, that the Article 17 The persons under inspection shall assist the Customs in Article 18 The persons under inspection shall subject themselves to the Where they use computers to keep accounts, the persons under inspection Article 19 Where the Customs examines or makes copies of accounting Article 20 Where the Customs conducts inspection, all enterprises and Article 21 The Customs inspection group shall, after the implementation Article 22 The Customs shall, within 30 days from the date of receiving Article 23 Where, after inspection, Customs duties or taxes in other Where the person under inspection fails to pay the amount of taxes within Article 24 Where, after inspection, the import and export goods sealed Article 25 Where the Customs believes, after inspection, that the person Article 26 Where the Customs discovers, after inspection, that the Article 27 The amount of taxes collected by the Customs, the smuggled Article 28 Where a person under inspection has a tax dispute with the Article 29 Where a person under inspection has any of the following 1. To provide false information to the Customs or to conceal important 2. To refuse or to delay to present to the Customs the accounting books, 3. To transfer, conceal, alter or destroy the accounting books, documents Article 30 Where a person under inspection fails to establish or compile Article 31 Where Customs personnel who neglects his duties, acts Article 32 The General Customs Administration shall be responsible for Article 33 These Regulations shall be effective as of the date of
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their inspection duties, be objective and fair, be practical and realistic,
be honest in duties, keep the commercial secrets of the persons under
inspection, and shall not encroach on the legitimate rights and interests
of the persons under inspection.
Chapter 2 Control over Accounting Books, Documents and Other Relevant
Materials
and other accounting materials set and drawn up by enterprises and units
involved directly in import and export acts shall record and reflect
honestly, precisely and completely the conditions of import and export
business.
acts shall keep their accounting books, accounting vouchers, accounting
statements and other accounting materials according to the time limit set
in relevant laws or administrative regulations.
export, the contracts and other materials relating directly to import and
export acts shall, from the date of the release of the import and export
goods, be kept for 3 years.
export acts have sound accounting systems, and are able to keep accounts and
carry out business accounts by means of computer properly and completely,
their accounting records stored in and put out of the computer shall be
regarded equivalent to accounting materials,but the materials shall be
printed into written records and kept completely in accordance with the
provisions of these Regulations.
acts shall, at the Customs' request, file the materials relating to the
purchase, sale, processing, utilization, expenditure and storage of the
import and export goods.
Chapter 3 Implementation of the Inspection Conducted by the Customs
control work and the actual circumstances of import or export enterprises,
units, and import or export goods, determine the focal point of the
inspection, and make annul work plan of the inspection.
writting the enterprises and units under inspection (hereinafter referred
to as the persons under inspection) 3 days before the implementation of the
inspection.
inspection group. The member of the inspection group shall not be less than
two persons.
shall produce their Customs inspection certificates.
by the General Customs Administration.
having directly interested relationship with the persons under inspection
shall withdraw.
following powers:
relevant materials of the persons under inspection;
engaged in production and business operation and the places for storage of
goods, and to examine production and business operation concerning import and
export acts and the goods;
charge and other people of the persons under inspection regarding particulars
and issues relevant to the import and export acts;
the deposit accounts that the persons under inspection have opened with the
commercial banks or other financial institutes.
persons under inspection are liable to transfer, conceal, alter or destroy
the accounting books, documents and other relevant materials, the Customs
may, upon approval of the director of the Customs establishment, seal up
temporarily the accounting books, documents and other relevant materials.
Where such measures are taken, the normal production and business operation
acts shall not be interfered with.
Customs shall remove immediately the seal on the accounting books, documents
and other relevant materials.
persons under inspection are suspected of violating the provisions of the
Customs Law or other relevant administrative regulations, the Customs may,
upon approval of the director of the Customs establishment, seal up the
import and export goods concerned.
inspection work, and provide necessary work conditions.
inspection conducted by the Customs, report the particulars truthfully,
provide accounting books, documents and other relevant materials, and shall
not refuse or postpone to be inspected or, conceal any facts.
shall provide the Customs with accounting soft wares, directions for use, and
relevant materials.
books, documents and other relevant materials of the persons under inspection
or, enter into the places where the persons under inspection are engaged in
production and business operation or the places for storage of goods to
conduct inspection, the legal representatives, chief personnel in charge or
the representatives appointed by the persons under inspection shall be
present and at the Customs' request, sort out the accounting books, open the
warehouses, move the goods or open the packages.
units having financial contacts or other business contacts with the persons
under inspection shall report truthfully relevant particulars of the persons
under inspection, and provide relevant information and certifying materials.
of the inspection, put forward towards the Customs an inspection report. The
opinion of the person under inspection shall be solicited before the
inspection report is sent to the Customs. The person under inspection shall
submit to the Customs his opinion in writting within 7 days from the date of
receiving of the inspection report.
of the inspection report, make a conclusion of the Customs inspection and
serve it on the person under inspection.
Chapter 4 Handling of the Inspection Conducted by the Customs
import links are short-levied or not levied, the Customs may recover the
amount of taxes from the persons under inspection in accordance with the
provisions of the Customs Law and relevant tax laws or administrative
regulations. If any imports or exports are short-levied or not levied owing
to an act in violation of the Customs regulations by the person under
inspection, the Customs may collect the amount of taxes in accordance with
the provisions of the Customs Law and relevant tax laws or administrative
regulations.
the time limit set by the Customs, the Customs may take mandatory execution
in accordance with the provisions of the first paragraph of Article 37 of the
Customs Law.
up in accordance with the provisions of Article 16 of these Regulations are
found out to be free from any possibility of violation of law, the Customs
shall lift the seal immediately. Where it believes the goods are illegal
after inspection, the Customs shall treat the case in accordance with the
provisions of the Customs Law and Rules for Implementation of Administrative
Punishment under the Customs Law.
under inspection has an act violating regulations on Customs control, the
Customs shall treat the case in accordance with the provisions of the Customs
Law and Rules for Implementation of Administrative Punishment under the
Customs Law.
person under inspection has a smuggling act, and the act constitutes a crime,
the person shall be investigated for criminal responsibility; where such an
act does not constitute a crime, the Customs shall treat the case in
accordance with the provisions of the Customs Law and Rules for
Implementation of Administrative Punishment under the Customs Law.
goods and illegal income confiscated,and the fines imposed, shall be all
turned over to the State Treasury.
Customs, such a dispute shall be handled in accordance with the provisions
of Article 46 of the Customs Law.
Chapter 5 Legal Responsibility
acts, the Customs shall order him to correct such mistakes within a time
limit; if he fails to do so, a fine from 10000 to 30000 in RMB shall be
imposed. Where the case is serious, the right of declaration to the Customs
shall be deprived of; and the personnel in charge or other personnel directly
answerable for the offence shall be fined from 1000 to 5000 in RMB:
facts;
documents and other relevant materials;
and other relevant materials.
the accounting books, documents and other relevant materials in accordance
with the Customs regulations, the Customs shall order him to correct such
mistakes within a time limit; If he fails to do so, a fine from 10000 to
50000 in RMB shall be imposed. Where the case is serious, the right of
declaration to the Customs shall be deprived of; and the personnel in charge
or other personnel directly answerable for the offence shall be fined from
1000 to 5000 in RMB.
illegally for personal gains, abuses his powers or, takes advantage of his
office to accept or to demand property from the persons under inspection, and
such an act constitutes a crime, he shall be investigated for criminal
responsibility; Where such an act does not constitute a crime, he shall be
investigated for administrative sanctions.
Chapter 6 Supplementary Provisions
organizing the implementation of these Regulations.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/roicbtc509