Laws of the People's Republic of China

REGULATIONS OF THE CUSTOMS OF THE PEOPLE'S
REPUBLIC OF CHINA CONCERNING THE CONTROL OF IMPORT
AND EXPORT OF ARTICLES BY RESIDENT OFFICES OF FOREIGN
ENTERPRISES AND PRESSES, AND THEIR RESIDENT STAFF IN CHINA

(Promulgated by the Customs General Administration of
the People's Republic of China on April 20, 1984)

 

SUBJECT: CUSTOMS; COMMERCIAL JOINT VENTURES

ISSUING-DEPT: GENERAL CUSTOMS ADMINISTRATION

ISSUE-DATE: 04/20/1984

IMPLEMENT-DATE: 05/01/1984

LENGTH: 1085 words

TEXT:

[Article 1] These Regulations are hereby formulated in accordance with the "Provisional Regulations Concerning Resident Representative Offices of Foreign Enterprises", the "Provisional Regulations Concerning Foreign Resident Correspondents" promulgated by the State Council of the PRC and the "Customs Rules Concerning the Supervision Over Baggage of Inward and Outbound Passengers".

[Article 2] The import of office equipment by the following resident offices and the import or export of personal effects by their resident staff shall comply with these regulations:

(1) Resident offices of foreign enterprises and their staff;

(2) Resident offices of foreign economic and trade organisations and their staff;

(3) Foreign resident news agencies and their resident correspondents;

(4) Foreign resident staff in joint ventures (including Chinese-foreign cooperative exploitation of offshore petroleum enterprises);

(5) Foreign resident personnel of wholly foreign-owned enterprises in China;

(6) Other foreign resident and their staff.

[Article 3] Bagggages carried by resident personnel upon the first entry into China shall be subject to the Customs regulations applicable to short-term visitors prior to obtaining the "Permanent Residence Permit" issued by the competent department of the People's Republic of China.

Having obtained a "Permanent Residence Permit", the resident personnel may apply to the local Customs (in case there is no local Customs at the residing place, he may apply to the designated Customs, hereinafter referred to as "Customs in charge") for import of personal effects by submitting a written application form, together with the residence permit, identity card and the "baggage Declaration" endorsed by the Customs at the time of entry.  Such application shall be allowed once only.

Personal effets imported in reasonable amount shall be released duty free after they are examined and approved by the Customs.  Major articles controlled by the Customs (for example, durable controlled goods such as electrical appliances for household use, etc.), which shall be counted together with those baggages carried by any resident personnel in person upon his first entry and his unaccompanied baggages, shall be admitted duty free provided that they are within the quantitative limit set by the Customs.  All articles which exceed the prescribed limit, but are for private use, shall be admitted against payment of duty subject to examination and approval by the Customs.  Motor vehicles (cars and motorcycles) may be imported by resident personnel (one for each person) on payment of duty.

Any Import of personal effects approved by the Customs shall be imported within six months from the date of approval.

[Article 4] Any resident personnel leaving China temporarily after obtaining the "Permanent Residence Permit" may, (or taking short trips to Hong-Kong or Macao), upon re-entry, bring in baggages and articles, of which only daily necessities for the journey shall be exempt from duties, and released by the Customs.  Other articles (such as wrist watches, cameras, radio-cassette recorders, cinecameras, etc.) previously admitted by the Customs duty free and carried by such person upon his exit, shall be declared in the "baggage Declaration Form", if they are subsequently to be brought in again.  On his return trip, the Customs shall examine and check them on the strength of the said "Baggage Declaration Form", and release them.  Failing in declaring to the Customs upon exit, the major articles controlled by the Customs shall be levied according to the provisions.

[Article 5] Baggage and article (excluding those restricted article such as gold, silver, currencies, and cultural relics, etc.) carried by resident personnel on his exit shall be released provided that they are for personal use and in reasonable amount.

[Article 6] Any resident officers intending to import office appliances and motor vehicles shall submit in advance a written application form to the Customs in charge and upon verfication by the Customs, admission shall be granted to them without requiring the Import Licence provided that they are in reasonable amount and are to be used by the office in question only.  On the import of the above-mentioned office appliances and motor vehicles, the office concerned shall fill in the "Import Cargo Declaration Form" and declare to the Customs together with the relevant documents such as "Application Form" and invoices, etc., and the Customs shall examined and release them upon levying duties.

If there is an agreement between a foreign government and the government of the PRC, the questions concerned shall be dealt with according to the provisions of the agreement.

[Article 7] Office appliances, motor vehicles and personal effects imported by resident offices and their resident staff, are limited to personal use only, they shall not be sold within the People's Republic of China without permission.  When any sale is wanted, application shall be submitted in advance to the Customs in charge and the articles concerned shall be sold to the import-goods-purchasing stores designated by the local people's government, upon approval, and duties shall be paid retroactively according to the provisions.  Breaching of this rule shall be dealt with according to the relevant provisions.

[Article 8] Articles declared for import or export by resident offices and their resident staff. of which the import or export are prohibited by the Customs, shall be detained by the Customs and re-shipped abroad or returned to the original dispatching place within a definite time; failing which, the articles shall be disposed of by the Customs.  All articles detained for being detrimental to Chinese political, cultural, moral or hygienic interests shall not be returned and shall be disposed of by the Customs according to the relevant regulations.

[Article 9] These Regulations are also applicable to the import and export of articles by resident offices of enterprises run by overseas Chinese or compatriots from Hongkong, Macao and Taiwan, and their resident staff.

[Article 10] These Regulations do not apply to special economic zones.

[Article 11] Matters not provided for in these Regulations shall be dealt with according to the relevant provisions of the Customs.

[Article 12] These Regulations shall go into effect on May 1, 1984.