Administrative Provisions of the Customs of the People's Republic of China on the Registration of Customs Declaration Entities (Revised in 2018)
Administrative Provisions of the Customs of the People's Republic of China on the Registration of Customs Declaration Entities (Revised in 2018)
Administrative Provisions of the Customs of the People's Republic of China on the Registration of Customs Declaration Entities (Revised in 2018)
Order of the General Administration of Customs No.240
May 29, 2018
Chapter I General Provisions
Article 1 With a view to regulating the administration of the registration of customs declaration entities by Customs, the Administrative Provisions of the Customs of the People's Republic of China on the Registration of Customs Declaration Entities (hereinafter referred to as the "Provisions") are formulated in accordance with the Customs Law of the People's Republic of China (hereinafter referred to as the "Customs Law") and other related laws and administrative regulations.
Article 2 The Customs of the People's Republic of China shall be responsible for administration of the registration of customs declaration entities.
Article 3 In completing customs formalities, customs declaration entities shall abide by the relevant provisions of laws, administrative regulations and rules of the Customs and shall bear corresponding legal liability.
The customs declaration entities shall bear corresponding legal liability in respect of the customs declaration activities by their own customs declaration officers.
Article 4 In completing customs formalities, customs declaration entities shall go through the applicable registration procedures with Customs in accordance with the Provisions unless otherwise required by the laws, administrative regulations or rules of the Customs.
Article 5 The registration of customs declaration entities comprises the registration of the customs declaration enterprise and the registration of the consignor or consignee of imported and exported goods.
Only after obtaining approval to become registered from the local Customs directly under the General Administration of Customs or the subordinate Customs authorized thereby may the customs declaration enterprise complete the customs declaration procedure.
The consignor or consignee of imported and exported goods may complete the registration procedure with their local Customs.
A customs declaration entity shall submit the Annual Report of Customs Declaration Entities in Respect of Registration Information to the Customs where such entity registers before June 30 each year.
Where the agents of the customs declaration entities engage in customs declaration, the customs declaration entities shall go through documentation procedures with the Customs and obtain certificates from such Customs.
The customs declaration entities may go through the registration formalities for themselves and their own customs declaration officers.
Article 6 A consignor or consignee of imported or exported goods shall appoint its own customs declaration officer to complete customs formalities on its behalf or shall entrust a customs declaration enterprise that has registered with the Customs to appoint a customs declaration officer to complete customs formalities on its behalf.
The Customs may announce the customs formalities of the customs declaration entities and the performance of their customs declaration officers.
Article 7 Where any customs declaration entity that has already completed customs registration formalities resubmits an application for registration to the Customs, the Customs shall reject the application.
Chapter II Registration of Customs Declaration Enterprises
Article 8 A customs declaration enterprise shall:
1. be registered as an enterprise with legal person status within the territory of China;
2. have a legal representative who has no record of involvement in smuggling;
3. not have previously had its registration cancelled by the Customs on account of illegal smuggling activities;
4. have a fixed place of business and facilities suitable for providing customs declaration services; and
5. satisfy any other customs supervisory requirements.
Article 9 With respect to the licensing and registration of enterprises applying for customs declaration, a Registration Form of Details of the Customs Declaration Entity shall be submitted.
Article 10 An applicant shall apply at and submit all application materials for registration to the applicant's local Customs.
The Customs directly under the General Administration of Customs shall publicly announce the locations where such applications may be accepted.
Article 11 An applicant may appoint an agent to apply for a registered license on its behalf.
Any applicant that appoints an agent to apply on its behalf shall execute a power of attorney.
Article 12 The Customs shall deal with applications separately according to the following situations:
1. where the applicant does not possess the requisite qualifications to apply for registration as a customs declaration enterprise, the Customs shall not entertain the application;
2. where the application materials are incomplete or do not accord with the legal format, the Customs shall, either immediately or within five days after receiving the application materials, inform the applicant of all materials to be supplemented only once; where the Customs fails to inform the applicant within the specified period of time, the application shall be deemed to have been accepted as of the date when the application materials were received by the Customs;
3 where there are wording or technical errors in the application materials that can be corrected immediately, the applicant shall be allowed to make corrections immediately and the corrected materials shall be confirmed by the applicant's signature and seal; and
4 where the application materials are complete and accord with the legal format or the applicant submits all the amended and supplementary materials required by the Customs, the Customs shall receive the application for a registered license for the customs declaration enterprise and make a decision to accept the application.
Article 13 Following the acceptance of an application by the applicant's local Customs, the Customs shall thoroughly inspect the application materials on the basis of the applicable statutory conditions and procedures and complete the inspection within 20 days as of the date when the application for a registered license is accepted.
Where the Customs directly under the General Administration of Customs has not authorized its subordinate Customs to complete the registered license formalities, it shall make a decision on the application within 20 days as of the date when it receives the inspection comments submitted by the local Customs.
Where the Customs directly under the General Administration of Customs has authorized its subordinate Customs to complete the registered license formalities, the subordinate Customs shall make a decision on the application within 20 days as of the date when it receives the inspection comments submitted by the local Customs.
Article 14 Where an application satisfies the statutory requirements, the Customs shall issue a written decision sanctioning the registration of the applicant's license in accordance with the law and shall serve the same to the applicant and issue the Certificate of the Customs of the People's Republic of China on the Registration of Customs Declaration Entities.
Where the application fails to satisfy the statutory requirements, the Customs shall issue a written decision not to sanction the registration of a license for the applicant in accordance with the law and inform the applicant of its right to apply for administrative reconsideration or initiate administrative litigation in accordance with the law.
Article 15 Any customs declaration enterprise that offers customs declaration services outside the customs supervision zone of the Customs directly under the General Authority of Customs included in its existing registered license shall establish a branch in accordance with the law and go through the filing procedure with the Customs in the place where the branch is located.
Any customs declaration enterprise that offers customs declaration services inside the customs supervision zone of the Customs directly under the General Authority of Customs included in its existing registered license may establish a branch in accordance with the law and go through the filing procedure with the Customs in the place where the branch is located.
Any branch of the customs declaration enterprise may offer customs declaration services inside the customs supervision zone of the filing Customs.
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Order of the General Administration of Customs No.240
May 29, 2018
Chapter I General Provisions
Article 1 With a view to regulating the administration of the registration of customs declaration entities by Customs, the Administrative Provisions of the Customs of the People's Republic of China on the Registration of Customs Declaration Entities (hereinafter referred to as the "Provisions") are formulated in accordance with the Customs Law of the People's Republic of China (hereinafter referred to as the "Customs Law") and other related laws and administrative regulations.
Article 2 The Customs of the People's Republic of China shall be responsible for administration of the registration of customs declaration entities.
Article 3 In completing customs formalities, customs declaration entities shall abide by the relevant provisions of laws, administrative regulations and rules of the Customs and shall bear corresponding legal liability.
The customs declaration entities shall bear corresponding legal liability in respect of the customs declaration activities by their own customs declaration officers.
Article 4 In completing customs formalities, customs declaration entities shall go through the applicable registration procedures with Customs in accordance with the Provisions unless otherwise required by the laws, administrative regulations or rules of the Customs.
Article 5 The registration of customs declaration entities comprises the registration of the customs declaration enterprise and the registration of the consignor or consignee of imported and exported goods.
Only after obtaining approval to become registered from the local Customs directly under the General Administration of Customs or the subordinate Customs authorized thereby may the customs declaration enterprise complete the customs declaration procedure.
The consignor or consignee of imported and exported goods may complete the registration procedure with their local Customs.
A customs declaration entity shall submit the Annual Report of Customs Declaration Entities in Respect of Registration Information to the Customs where such entity registers before June 30 each year.
Where the agents of the customs declaration entities engage in customs declaration, the customs declaration entities shall go through documentation procedures with the Customs and obtain certificates from such Customs.
The customs declaration entities may go through the registration formalities for themselves and their own customs declaration officers.
Article 6 A consignor or consignee of imported or exported goods shall appoint its own customs declaration officer to complete customs formalities on its behalf or shall entrust a customs declaration enterprise that has registered with the Customs to appoint a customs declaration officer to complete customs formalities on its behalf.
The Customs may announce the customs formalities of the customs declaration entities and the performance of their customs declaration officers.
Article 7 Where any customs declaration entity that has already completed customs registration formalities resubmits an application for registration to the Customs, the Customs shall reject the application.
Chapter II Registration of Customs Declaration Enterprises
Article 8 A customs declaration enterprise shall:
1. be registered as an enterprise with legal person status within the territory of China;
2. have a legal representative who has no record of involvement in smuggling;
3. not have previously had its registration cancelled by the Customs on account of illegal smuggling activities;
4. have a fixed place of business and facilities suitable for providing customs declaration services; and
5. satisfy any other customs supervisory requirements.
Article 9 With respect to the licensing and registration of enterprises applying for customs declaration, a Registration Form of Details of the Customs Declaration Entity shall be submitted.
Article 10 An applicant shall apply at and submit all application materials for registration to the applicant's local Customs.
The Customs directly under the General Administration of Customs shall publicly announce the locations where such applications may be accepted.
Article 11 An applicant may appoint an agent to apply for a registered license on its behalf.
Any applicant that appoints an agent to apply on its behalf shall execute a power of attorney.
Article 12 The Customs shall deal with applications separately according to the following situations:
1. where the applicant does not possess the requisite qualifications to apply for registration as a customs declaration enterprise, the Customs shall not entertain the application;
2. where the application materials are incomplete or do not accord with the legal format, the Customs shall, either immediately or within five days after receiving the application materials, inform the applicant of all materials to be supplemented only once; where the Customs fails to inform the applicant within the specified period of time, the application shall be deemed to have been accepted as of the date when the application materials were received by the Customs;
3 where there are wording or technical errors in the application materials that can be corrected immediately, the applicant shall be allowed to make corrections immediately and the corrected materials shall be confirmed by the applicant's signature and seal; and
4 where the application materials are complete and accord with the legal format or the applicant submits all the amended and supplementary materials required by the Customs, the Customs shall receive the application for a registered license for the customs declaration enterprise and make a decision to accept the application.
Article 13 Following the acceptance of an application by the applicant's local Customs, the Customs shall thoroughly inspect the application materials on the basis of the applicable statutory conditions and procedures and complete the inspection within 20 days as of the date when the application for a registered license is accepted.
Where the Customs directly under the General Administration of Customs has not authorized its subordinate Customs to complete the registered license formalities, it shall make a decision on the application within 20 days as of the date when it receives the inspection comments submitted by the local Customs.
Where the Customs directly under the General Administration of Customs has authorized its subordinate Customs to complete the registered license formalities, the subordinate Customs shall make a decision on the application within 20 days as of the date when it receives the inspection comments submitted by the local Customs.
Article 14 Where an application satisfies the statutory requirements, the Customs shall issue a written decision sanctioning the registration of the applicant's license in accordance with the law and shall serve the same to the applicant and issue the Certificate of the Customs of the People's Republic of China on the Registration of Customs Declaration Entities.
Where the application fails to satisfy the statutory requirements, the Customs shall issue a written decision not to sanction the registration of a license for the applicant in accordance with the law and inform the applicant of its right to apply for administrative reconsideration or initiate administrative litigation in accordance with the law.
Article 15 Any customs declaration enterprise that offers customs declaration services outside the customs supervision zone of the Customs directly under the General Authority of Customs included in its existing registered license shall establish a branch in accordance with the law and go through the filing procedure with the Customs in the place where the branch is located.
Any customs declaration enterprise that offers customs declaration services inside the customs supervision zone of the Customs directly under the General Authority of Customs included in its existing registered license may establish a branch in accordance with the law and go through the filing procedure with the Customs in the place where the branch is located.
Any branch of the customs declaration enterprise may offer customs declaration services inside the customs supervision zone of the filing Customs.
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