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Order of the Customs General Administration of the People’s Republic of China
No. 104
The Measures of the People’s Republic of China for the Customs’ Supervision over Inward and Outward Express Consignments, which were
deliberated and adopted at the General Administration’s working conference on December 23, 2002, are hereby promulgated, and shall
be implemented on January 1st, 2004. The Measures of the People’s Republic of China for the Customs’ Supervision over Inward and
Outward Express Consignments promulgated on January 25, 1998 (ShuJian [1998] No. 48) shall be repealed simultaneously.
Mou Xinsheng, Director General of the Customs General Administration
November 18th, 2003
Measures of the People’s Republic of China for the Customs’ Supervision over Inward and Outward Express Consignments
Chapter I General Provisions
Article 1
With a view to strengthening the customs’ supervision over inward and outward express consignments, and facilitating the clearance
of inward and outward express consignments, the present Measures are formulated according to the Customs Law of the People’s Republic
of China and other relevant laws and administrative regulations.
Article 2
The term “inward and outward express consignments” as mentioned in the present Measures means the inward and outward goods and articles
undertaken or carried by inward and outward express consignment operators by means of rapid commercial operations which they promise
to their clients.
Article 3
The term “an inward and outward express consignment operator” (hereinafter referred to as the operator) as mentioned in the present
Measures means an international freight agency enterprise lawfully registered inside the territory of the People’s Republic of China
as well as registered and recorded in the customs to engage in the operation of inward and outward express consignments.
Article 4
Any operator may not undertake or carry any of the articles listed in the “Form of the People’s Republic of China on the Articles
Prohibited from Entering or Exiting the Territory”, nor shall it discretionally deal with any of such articles it has found, but
shall immediately notify the customs and assist the customs in dealing with the article instead.
Without approval of the postal institution of the People’s Republic of China, any operator may not undertake or carry any private
letter.
Article 5
Any operator may not lease, lend or transfer by any means the right to customs declaration for its inward and outward express consignments,
nor may it make customs declaration on behalf of any person other than itself for any goods or articles which are not to be undertaken
or carried by itself.
Article 6
Without permission of the customs, the inward or outward express consignments for which the customs formalities have not been completed
shall not be moved out of the surveillance place of the customs, neither shall they be loaded, unloaded, opened, re-packed, marked
with a sign different from the original one, drawn, dispatched, or delivered for transport.
Chapter II Registration of Operators
Article 7
Where an operator files an application for making customs declarations on behalf of any person other than itself for inward and outward
express consignments, it shall make registration in the local customs according to the administrative provisions of the customs on
registration of international freight agency enterprises.
Article 8
An operator who makes registration in the local customs shall meet the following conditions:
(1)
It has obtained the international freight agency enterprise approval certificate issued by the State competent authority of foreign
trade and economic cooperation or an authorized department of the aforesaid authority, and has been approved to run the business
of inward and outward express consignments;
(2)
The Chinese party in a Chinese-foreign joint venture or cooperative operation enterprise shall have engaged in international freight
agency for at least one year; while the foreign party shall have engaged in international freight agency for at least three years
and in international express delivery for at least one year;
(3)
A domestically funded enterprise shall have engaged in international freight agency for at least one year;
(4)
It has domestic and overseas inward and outward express consignment transport network, as well as two or more overseas branches or
agents;
(5)
It has special marks and transport documents for its inward and outward express consignments, and its transport vehicles shall be
in conformity with the requirements for the customs’ supervision, and be subject to the approval of the customs for record;
(6)
It meets the conditions for customs declaration by means of Electronic Data Interchange.
(7)
The external packing of the express consignments shall be marked with a bar code in conformity with the requirements for the customs’
automatic inspection; and
(8)
It has concluded a cooperative transport contract or agreement with an overseas cooperator (or a branch established abroad by a domestic
enterprise legal person).
Article 9
Where an operator of inward and outward express consignments is no longer able to meet any of the conditions listed in Article 8
of the present Measures or has not engaged in the operation of inward and outward express consignments within one year, the customs
shall nullify the operator’s qualification for customs declaration for inward and outward express consignments.
Chapter III Classification of Inward and Outward Express Consignments
Article 10
Inward and outward express consignments shall, in the present Measures, fall into three categories, that is, the documental category,
the individual articles category, and the goods category.
Article 11
The term “inward and outward express consignments of the documental category” means the documents, certificates, negotiable instruments,
and similar materials that are prescribed in laws or regulations to be exempted from tax and are of no commercial value.
Article 12
The term “inward and outward express consignments of the individual articles category” means the luggage and articles transported
separately from passengers, articles presented between relatives or friends, and other individual articles, which are prescribed
in the regulations on customs, to enter or exit the territory for self-use or within a reasonable scope of quantity.
Article 13
The term “inward and outward express consignments of the goods category” means the express consignments other than those prescribed
in Articles 11 and 12.
Chapter IV Supervision of Inward and Outward Express Consignments
Article 14
The clearance of inward and outward express consignments shall be conducted within the special surveillance place approved by the
customs; if it is necessary to be conducted outside the special surveillance place because of a particular circumstance, it shall
be consented by the local customs in advance.
An operator shall have its special area, warehouse and equipment in conformity with the customs’ supervision requirements within the
special surveillance place of the customs for inward and outward express consignments.
The administrative measures on special surveillance places for inward and outward express consignments shall be separately formulated
by the Customs General Administration.
Article 15
The clearance of inward and outward express consignments shall be conducted during the normal working time of the customs; if it
is necessary to conduct beyond the normal working time of the customs, it shall be consented by the local customs in advance.
Article 16
An operator shall, as required by the customs, make customs declaration to the customs for inward and outward express consignments
with paper documents or by Electronic Data Interchange.
Article 17
Inward express consignments shall, within 14 days as of the day when the means of transport was declared for entry, and outward express
consignments shall be declared to the customs 3 hours before the means of transport departs from the territory.
Article 18
An operator shall transmit or submit a manifest or checklist of the inward or outward express consignments to the customs, and the
customs shall, after confirming that there is no error therein, accept the declaration; where the operator needs to make customs
declaration in advance, it shall notify the customs in writing of the carriage or arrival of the inward and outward express consignments
in advance, and transmit or submit the manifest or checklist to the customs, and the customs shall, after confirming that there is
no error therein, accept the advance declaration.
Article 19
When the customs is inspecting the inward or outward express consignments, the operator shall send some one to be present at the
scene, and be responsible for the moving, opening and re-packing of the inward and outward express consignments.
When the customs is opening any of the individual articles among the inward or outward express consignments for inspection, the operator
shall notify the addressee of the inward express consignments or the addresser of the outward express consignments to be present
at the scene; in case the addressee or addresser is unable to be at the scene, the operator shall submit a power of attorney to the
customs to represent the addressee/addresser to perform the obligations, and bear corresponding legal liabilities.
The customs may, when considering it necessary, directly open the inward or outward express consignments for inspection, re-inspect
them or draw samples of goods.
Article 20
Unless otherwise prescribed, the operator shall, when making customs declaration for inward or outward express consignments, separately
according to the provisions on classification in Article 11 through 13 of the present Measures, submit relevant customs declaration
documents to the customs and conduct corresponding formalities for customs declaration and duty payment.
Article 21
The operator shall, when making customs declaration for inward and outward express consignments of the documental category, submit
to the customs the “KJ1 Customs Declaration Form of the Customs of the People’s Republic of China for Inward and Outward Express
Consignments” (see Annex 1), the general transport document (counterpart), and other documents as required by the customs.
Article 22
The operator shall, when making customs declaration for inward and outward express consignments of the individual articles category,
submit to the customs the “Individual Articles Declaration Form of the Customs of the People’s Republic of China for Inward and Outward
Express Consignments” (see Annex 2), the specific transport document of each inward or outward express consignment, a photocopy of
the identification certificate of the addressee of inward express consignments or of the addresser of outward express consignments,
and other documents as required by the customs.
Article 23
The operator shall, when making customs declaration for inward express consignments of the goods category, submit customs declaration
documents to the customs separately according to the following circumstances:
With regard to the goods whose tariff amount is below the minimum threshold of tariff as prescribed in the “Regulations of the People’s
Republic of China on Import and Export Tariff” as well as the samples of goods or the advertisement articles exempted from customs
duty as prescribed by the customs, the “KJ2 Customs Declaration Form of the Customs of the People’s Republic of China for Inward
and Outward Express Consignments” (see Annex 3), the specific transport document of each inward express consignment, the invoices,
and other documents as required by the customs shall be submitted.
With regard to the samples of goods or the advertisement articles on which customs duties shall be levied (except for those prescribed
by laws or regulations to be subject to permit administration, and those for which foreign exchanges need to be paid upon import),
the “KJ3 Customs Declaration Form of the Customs of the People’s Republic of China for Inward and Outward Express Consignments” (see
Annex 4), the specific transport document of each inward express consignment, the invoices, and other documents as required by the
customs shall be submitted.
Article 24
The clearance for the goods other than those prescribed in Articles 21 through 23 shall be handled according to the provisions of
the customs on clearance of import goods.
Article 25
The operator shall, when making customs declaration for outward express consignments of the goods category, submit the customs declaration
documents to the customs separately according to the following circumstance:
With regard to the samples of goods or the advertisement articles (except for those prescribed by laws or regulations to be subject
to permit administration, those for which export tariff shall be levied, those for which foreign exchanges need to be collected upon
export, and those for which taxes need to be refunded for export), the “KJ2 Customs Declaration Form of the Customs of the People’s
Republic of China for Inward and Outward Express Consignments”, the specific transport document of each outward express consignment,
the invoices, and other documents as required by the customs shall be submitted.
The clearance for the goods other than those mentioned above shall be handled according to the provisions of the customs on clearance
of export goods.
Chapter V Specially Delivered Inward and Outward Express Consignments
Article 26
The term “specially delivered inward and outward express consignments” means the express consignments carried by air by the operator
into or out of the territory in a way of special delivery under escort.
Article 27
The operator who is engaged in the business of specially delivered inward and outward express consignments shall, in addition to
making registration according to the relevant provisions in Chapter II of the present Measures, register such particulars of the
specially delivered inward and outward express consignments as the port of entry or exit, the time, route, schedule of the means
of transport, detailed information on the special deliverer himself, the mark, etc. in the local customs. In the event of any modification,
the operator shall make registration in the local customs 5 working days prior to such modification.
Where the aforesaid conditions are met, the local customs shall issue the “Registration and Record Certificate of the Customs of the
People’s Republic of China for Specially Delivered Inward and Outward Express Consignments” (see Annex 5), upon strength of which
the operator shall make customs declaration for the specially delivered inward and outward express consignments.
Article 28
Specially delivered inward and outward express consignments shall be consigned as luggage articles, be specially packed, and be indicated
with the operator’s name and the words of “Specially Delivered Inward and Outward Express Consignments” on an eye-catching position
of the general packing.
Chapter VI Legal Liabilities
Article 29
Any one who violates the present Measures by committing any smuggling act shall be punished by the customs pursuant to the “Customs
Law of the People’s Republic of China”, the “Detailed Rules for the Implementation of Administrative Penalties under the Customs
Law of the People’s Republic of China”, and other relevant laws and administrative regulations; if a crime is constituted, the offender
shall be subject to criminal liabilities in jure.
Chapter VII Supplementary Provisions
Article 30
The responsibility to interpret the present Measures shall remain with the Customs General Administration.
Article 31
The present Measures shall be implemented on January 1st, 2004.
Annex 1
Annex
1:
KJ1
the Bill of Entry for Inward and Outward Express Consignments
The
number of customs declaration form:
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Name
of operator:
Entry/Exit Port:
Sequence No. of vehicle:
Date of entry/exit:
Code of the general consignment note:
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Serial number
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Code of sub- consignment
note
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Name
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Unit
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Weight (KG)
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The name of
consignee/consigner
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Code of clearance
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The operator hereby
guarantees that: The above goods declared to the customs on
(date) are the goods in Catalogue
A provided for in the Measures for Customs Monitoring and Regulation of
Inward and Outward Express
Consignments of the Peoples Republic of
China, and the operator is legally obliged to establish the authenticity
and legality of the declaration with the customs concerned.
(Special seal for
declaration of the operator)
customs declarant:
date of declaration: |
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The following shall be
filled in by the customs
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Seal of customs:
Operation officer:
Date:
Examining officer: Date:
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Annex
2:
The
Declaration List for Personal Belongings in Inward and Outward Express
Consignment
The number of customs declaration form:
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Name
of operator:
Entry/Exit Port:
Sequence No. of vehicle:
Date of entry/exit:
Code of the general consignment note:
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Serial number
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Code of sub-consignment note
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Name |
Value
(RMB)
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Unit
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Tariff No.
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Amount of Tariff
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Name of
consignee/consiger
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Country/Region
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Number of Certificate
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Code of clearance
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The operator hereby
guarantees that: The above goods declared to the customs on
(date) are the goods within the scope of personal belongings
provided for in the Measures for the Monitoring and Regulation
of Inward
and Outward Express Consignments of the Customs of the Peoples
Republic of China, and the operator
is legally obliged to establish the
authenticity and legality of the declaration with the customs concerned.
(Special seal for
declaration of the operator)
Customs
declarant
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State Food and Drug Administration
Notice of the State Food and Drug Administration on the Issues concerning the Implementation of the Administrative Measures for the
Import of Drugs
GuoShiYaoJianZhu [2003] No. 320
November 19th, 2003
All port administrations of food and drugs, all port drug inspection offices, the customs of Guangdong Province of the General Administration
of Customs, the special offices of Tianjin and Shanghai, and all customs directly under the General Administration of Customs:
In accordance with Order No. 4 of the State Food and Drug Administration, the Administrative Measures for the Import of Drugs (hereinafter
referred to as the Measures) shall be implemented as of January 1st, 2004. With a view to earnestly carrying out the implementation
of the Measures, we hereby make the notice of the relevant issues as follows:
1.
Upon the approval of the State Council, imported drugs are allowed to enter China through 18 port cities, that is, Beijing, Tianjin,
Shanghai, Dalian, Qingdao, Chengdu, Wuhan, Chongqing, Xiamen, Nanjing, Hangzhou, Ningbo, Fuzhou, Guangzhou, Shenzhen, Zhuhai, Haikou,
and Xi’an.
With a view to strengthening the administration and enhancing the efficiency of customs clearance, the State Food and Drug Administration
and the General Administration of Customs have further determined the name list of the specific ports permitting the entry of imported
drugs (Annex1)
2.
In light of the Measures, the destinations of all the imported drugs (including narcotics and psychotropic drugs) shall fall within
the specified ports of the above-mentioned 18 cities.
3.
In accordance with the need of import record keeping, the following 18 administrations of drugs are determined as port administrations
of drugs by the State Food and Drug Administration, that is, the drug administrations of Beijing, Tianjin, Shanghai, Dalian, Qingdao,
Chengdu, Wuhan, Chongqing, Xiamen, Nanjing, Hangzhou, Ningbo, Fuzhou, Guangzhou, Shenzhen, Zhuhai, Haikou and Xi’an. The addresses
and telephone numbers of the port drug administrations are indicated in Annex 2.
4.
In accordance with the need of drug inspection, the State Food and Drug Administration shall authorize the National Institute for
the Control of Pharmaceutical and Biological Products, the drug inspection offices of Beijing, Tianjin, Shanghai, Dalian, Qingdao,
Chengdu, Wuhan, Chongqing, Xiamen and Guangzhou, and the drug inspection offices of Jiangsu Province, Zhejiang Province, Fujian Province,
Hainan Province, Guangdong Province and Shaanxi Province as the port drug inspection offices. The addresses and telephone numbers
of all port drug inspection offices are indicated in Annex 3.
5.
All port drug administrations and port drug inspection offices shall, in accordance with the respective actual circumstances, determine
their respective jurisdictional scope and functions. Each of the port drug administrations shall, in accordance with the port within
its jurisdiction, form a working relationship with only one port drug inspection office of import record keeping and port inspection.
Their specific jurisdictional scope and functions shall be carried out in conformity with the Distribution Form of Drug Import Ports,
the Drug Inspection Administrations and Drug Inspection Offices under Centralized Management as formulated by the State Food and
Drug Administration. (Annex 4)
6.
The new Catalogue of Import Drugs shall be promulgated by the State Food and Drug Administration along with the General Administration
of Customs. Before the new Catalogue is promulgated, the jurisdictional scope of import drugs shall be carried out in conformity
with Annex 1, namely the Import Drug Management Catalogue – in the Notice on the Several Issues concerning Strengthening the Administration
on Imported Drugs (GuoYaoGuoZhu [2002] No. 622).
The jurisdictional scope of narcotics and psychotropic drugs shall be still according to Annex 1, namely Catalogue of Narcotics under
Control and Annex 2, namely Catalogue of Psychotropic Drugs under Control in the Notice on the Relevant Issues concerning Intensifying
the Import and Export of Narcotics and Psychotropic Drugs (GuoYaoGuanZhu [2001] No. 585).
7.
A uniform seal shall be used in the record-keeping of drug import, the name of which is “The Special Seal for the Drug Import Record
Keeping of Drug Administration”. The “Special Seal” shall be made by carving and issued by the State Food and Drug Administration,
which shall be used by a port drug administration in conducting the drug import record keeping. Among the special seals, “The Special
Seal for the Drug Import Record Keeping of the State Food and Drug Administration” held by the State Food and Drug Administration
shall be effective in all ports, through which drugs are permitted to import. The models of all seals are indicated in Annex 5.
8.
For the commodities listed in the scope of commodity codes in the Catalogue of Imported Drugs, the customs shall conduct the procedures
for the customs declaration and clearance upon the strength of the Customs Clearance Permit for Imported Drugs sealed with the Special
Seal for the Drug Import Record Keeping of Drug Administration issued by the department authorized by the State Food and Drug Administration
and the relevant other instruments. The Customs Clearance Permit for Imported Drugs shall only be used by the port customs indicated
in the Customs Clearance Permit for Imported Drugs. The system of one permit for one batch shall be adopted and any modification
may not be made to the content in the permit. If it is necessary to modify the content of the permit, the permit shall be renewed
and reissued. The customs shall still implement the relevant regulations concerning the supervision over and administration of narcotics
and psychotropic drugs of the State Food and Drug Administration and the General Administration of Customs.
9.
After the Measures come into effect, any of the aforesaid commodities, for which a customs declaration for import has been filed,
but the port drug administration refuses to offer Customs Clearance Permit for Imported Drugs, the customs may, upon the strength
of the applications of the consignees or agents, directly handle the formalities for returning the commodities according to the relevant
regulations.
10.
In light of Article 10 of the Measures, the destination shall be one of the ports specified as customs clearance ports in Beijing,
Shanghai and Guangzhou.
Where the biological products as provided in Article 10 of the Measures are vaccines, blood products and diagnostic reagents used
for blood screening (See Annex 6 for the catalogue), the State Food and Drug Administration shall, in accordance with the actual
circumstances, modify this catalogue in time.
11.
Considering the special requirements for the storage of the drugs listed in Annex 6, before the special warehouse of the customs are
determined, the temporary formalities for the import record keeping shall be carried out when these types of biological products
are imported. A port drug administration shall, after it receives an Application for the Inspection on Imported Drugs and the relevant
materials, conduct examination and inspection according to Article 16 of the Measures before issuing Customs Clearance Permit for
Imported Drugs and the special Notice on Port Inspection on Imported Drugs (See Annex 7). After the port drug inspection office has
taken samples, the port drug administration shall seal up all the drugs. The drugs may be unsealed and permitted to enter China to
be sold and used after the drugs are deemed as qualified upon inspection.
12.
With regard to the human serum albumin among the six types of biological products listed in Annex 6, the Drug Inspection Offices of
Beijing, Shanghai or Guangdong shall be responsible for taking samples and making port inspection in light of the different destinations
of the product. Where the destination of the other types is Beijing, the National Institute for the Control of Pharmaceutical and
Biological Products shall be responsible for taking samples and making port inspection. The port drug administration shall issue
a Notice on Port Inspection on Imported Drugs to the National Institute for the Control of Pharmaceutical and Biological Products.
Where the destination is Shanghai or Guangzhou, Shanghai Drug Inspection Office or the Drug Inspection Office of Guangdong Province
shall be responsible for taking samples, and the National Institute for the Control of Pharmaceutical and Biological Products shall
be responsible for the port inspection. The port drug administration shall issue a special Notice on Port Inspection on Imported
Drugs to Shanghai Drug Inspection Office or the Drug Inspection Office of Guangdong Province, which shall, within 2 days after it
has taken samples, send the samples to the National Institute for the Control of Pharmaceutical and Biological Products.
The State Food and Drug Administration shall, according to the port drug inspection offices’ capacities to test the biological products,
authorize them to undertake port inspection on other biological products. With regard to the biological products other than the circumstances
as prescribed in Article 10 of the Measures, the destination port drug inspection offices shall strictly conduct port inspection
in accordance with the registered standards of the imported drugs. In case a port drug inspection office lacks such inspection conditions
or capacities, it may entrust the National Institute for the Control of Pharmaceutical and Biological Products to conduct the inspection.
13.
The port drug administrations shall exercise the functions as prescribed in the Measures as of January 1st, 2004, shall formally accept
the applications for the drug import record keeping, and shall handle the relevant matters on the Customs Clearance Permit for Imported
Drugs. At the same time, the port drug inspection offices shall stop their former function of accepting inspection applications.
The import entities shall file applications to the port drug administrations for the drug import record keeping as of January 1st,
2004.
Where a Customs Clearance Permit for Imported Drugs issued prior to December 31st, 2003 is still within its valid period, it may be
used continuously. Where the valid period expires and the party concerned fails to go through the formalities for customs declaration
and clearance, the Customs Clearance Permit for Imported Drugs shall be replaced by a new one in the port drug administration.
14.
With a view to ensuring the quality and standardization of the work of drug import record keeping, the State Food and Drug Administration
has formulated the Guidelines for Drug Import Record Keeping (Annex 8), all port drug administrations shall comply with them in doing
the specific work of drug import record keeping.
15.
Drug import record keeping is a new task undertaken by all port drug administrations. All port drug administrations shall study the
relevant laws, regulations and knowledge, and shall in time submit to the State Food and Drug Administration the problems found in
handling import record keeping. The port drug administrations and the customs shall strengthen the communication, coordination and
cooperation between them, and ensure that the work of import record keeping run smoothly.
16.
The provisions on the examination and approval of the import of preventive biological products and blood products as prescribed in
the Administrative Measures for Imported Drugs shall be repealed as of January 1st, 2004.
17.
The Notice on Intensifying the Administration on the Import of Drugs (GuoYaoGuanZhu [2002] No. 622) and the Notice on Distributing
the Notice of the State Food and Drug Administration on the Relevant Problems concerning Strengthening the Administration on the
Import of Drugs (ShuFa [2001] No. 71) shall be repealed as of January 1st, 2004.
Please implement the above-mentioned provisions.
Annexes:
1.
The Name List of Drug Import Ports (Omitted)
2.
The Name List of the Port Drug Administrations (Omitted)
3.
The Name List of the Port Drug Inspection Offices (Omitted)
4.
The Distribution Form of Drug Import Ports, the Drug Inspection Administrations and Drug Inspection Offices under Centralized Management
(Omitted)
5.
The Styles of the Special Seals for Drug Import Record Keeping (Omitted)
6.
The Catalogue of the Biological Products Proscribed by the State Food and Drug Administration (Omitted)
7.
Notices on Port Inspection on Imported Drugs (Omitted)
8.
Guidelines for the Drug Import Record Keeping (Omitted)
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State Food and Drug Administration
2003-11-19
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China Securities Regulatory Commission
Notice of the China Securities Regulatory Commission on Abolishing Some of the Securities and Futures Rules (IV)
ZhengJianFaLvZi [2003] No. 15
November 20th, 2003
All the securities regulatory offices, agencies, special offices, all the securities or futures exchanges, China Securities Registration
and Settlement Company, and all the departments under the China Securities Regulatory Commission:
In accordance with the provisions of the Regulations on Procedures for Formulation of Rules, this Commission has made cleanup once
more on departmental rules on securities and futures promulgated from the establishment of this Commission up to June 30th, 2003,
on the basis of abolishing the first three batches of rules and normative documents (hereinafter referred to in general as “rules”),
of which there are 30 securities rules that shall be repealed, have been repealed through public proclamation, or are automatically
invalidated, and 16 futures rules. We hereby have the lists of the two parts of 46 rules publicized in order to terminate the implementation
thereof.
Attachment: List of Departmental Rules Abolished by the China Securities Regulatory Commission (IV)
Attachment:List of Departmental Rules Abolished by the China Securities Regulatory Commission (IV)htm/e03303.htm NO
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NO.
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Regulations
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File NO.
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Issued by
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Date of Issue
|
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1
|
Notice concerning Approval of the Experimental Futures Exchanges
|
ZHENGJIANFA [1994] NO.150
|
China Securities Regulatory Commission
|
October 10th, 1994
|
|
2
|
Provisions on State-owned Enterprises and Institutions Participating in Futures Exchange
|
ZHENGJIANFAZI [1994] NO.179
|
China Securities Regulatory Commission, the State Economic and Trade Commission, the Ministry of Domestic Trade
|
December 5th, 1994
|
|
3
|
Urgent Circular concerning Enhancing Risk Control on Treasury Bonds and Futures Transaction
|
ZHENGJIANFAZI [1995] NO.23
|
China Securities Regulatory Commission
|
February 26th, 1995
|
|
4
|
Urgent Circular concerning the Implementation of Provisions on Bail for Treasury Bonds and Futures Dealings
|
ZHENGJIANFAZI [1995] NO.47
|
China Securities Regulatory Commission
|
March 30th, 1995
|
|
5
|
Interim Measures for the Administration of the Qualifications of Securities Practitioners
|
ZHENGWEIFAZI [1995] NO.6
|
The Securities Commission of the State Council
|
April 18th, 1995
|
|
6
|
Notice concerning Requiring All the Treasury Bonds and Futures Exchanges to Further Enhance Risk Control
|
ZHENGJIANFAZI [1995] NO.60
|
China Securities Regulatory Commission
|
May 15th, 1995
|
|
7
|
Notice concerning the Cleaning Up B-Share Accounts
|
ZHENGJIANFAZI [1996] NO.76
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China Securities Regulatory Commission
|
June 28th, 1996
|
|
8
|
Notice concerning Issues on the Strict Administration of the Opening of B-Share Accounts
|
ZHENGJIANJIAOZI [1996] NO.2
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China Securities Regulatory Commission
|
September 20th, 1996
|
|
9
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Notice concerning Several Issues on Regulating the Acceptance of Capital Contribution by Futures Brokering Corporations
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ZHENGJIANQIZI [1996] NO.16
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China Securities Regulatory Commission
|
December 23rd, 1996
|
|
10
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Notice concerning Stoutly Forbidding Illegal Fund-raising in the Name of Futures Transaction
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ZHENGJIANQIZI [1997] NO.41
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China Securities Regulatory Commission
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November 12th, 1997
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State Administration of Radio, Film and Television
2003-11-25
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|
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General Office of the Ministry of Commerce
Circular of the General Office of the Ministry of Commerce on Setting up An Information Database of Foreign Investment Intention of
Enterprises
Shang He Zi [2003] No. 39
November 28, 2003
The foreign trade offices (commissions or bureaus) and business affairs offices or bureaus of all provinces, autonomous regions, municipalities
directly under the jurisdiction of the Central Governments, and cities directly under the state planning, as well as Xinjiang Production
and Construction Corps, and all the enterprises directly under the jurisdiction of the Central Government:
In order to facilitate the implementation of the “Going out” strategy, strengthen services on foreign investment information, and
find out the trends of foreign investment of Chinese enterprises in time, as well as better direct and coordinate relevant work,
this Ministry has hereby decided, upon approval, to establish an information database of foreign investment intention of enterprises
(hereinafter referred to as the “Information Database”) on the sub-website of the Department of Foreign Economic Cooperation subject
to the government website of the Ministry of Commerce, and hereby make the following notice on relevant matters concerned:
I.
The major role of the Information Database to be established shall include: publicizing information on the foreign investment intention
of the Chinese enterprises, and providing an information platform for various domestic and foreign institutions and enterprises to
know each other and communicate with each other, with a view of promoting investment information exchange between the Chinese enterprises
and foreign enterprises, and facilitating the development of foreign trade and economic cooperation business of our country. Enterprises
applying for participating in the Information Database may download the “Registration Form of Overseas Investment Intention of Enterprises”(see
Attachment) from the sub-website of the Department of Foreign Economic Cooperation subject to the government website of the Ministry
of Commerce (https://www.mofcom.gov.cn), and send it to the departments in charge of foreign trade and economy of the corresponding
province or municipality after having it filled out in accordance with facts, annexed seal of the enterprise, and attached necessary
materials.
II.
Requirements for an enterprise filing an application
1.
Economic entities registered within the territory of China (excluding Hong Kong, Macao, and Taiwan Province) according to law, which
have the qualifications of a legal entity;
2.
The registered capital of the enterprise is not less than 10 million Yuan (RMB) and the enterprise has made profits in three consecutive
years; and
3.
The amount of foreign intention investment of a single project is more than one million US dollars.
III.
The documents required for the application
1.
Photocopy of the business license of an enterprise;
2.
The financial statement of an enterprise in three consecutive years; and
3.
Registration Form of Foreign Investment Intention of Enterprises.
IV.
Information Examination and Verification and Release All the local departments in charge of foreign trade and economy shall pay great
attention to the work from the high prospective of facilitating the implementation of the “Going out” strategy, actively diffuse
and disseminate to the enterprises the functions and effect of the Information Database on their own initiatives, and earnestly organize
the work for application and report, examination and approval, statistics and report of the information on local foreign investment
intention. For those information reported by the enterprises, which comply with the requirements after examination and verification
in accordance with prescribed requirements, the departments shall have them collected and classified according to industries, and
sent them to the division of research & development on foreign processing under the Department of Foreign Economic Cooperation of
the Ministry of Commerce by both email and post, the email addresses are:
hzjg@mofcom.gov.cn, chenwenlin@mofcom.gov.cn
The Ministry of Commerce shall be in charge of publicizing the above-mentioned information in the “Information Database of Foreign
Investment Intention of Enterprises”. In principle, the time for reporting and sending the information shall be the last ten-day
of May up to the last ten-day of November every year, and the time for publicizing the information shall be the last ten-day of June
up to the last ten-day of December every year. Whenever necessary, the information may be supplemented or modified irregularly.
The follow-up and statistical work for the investment intention information publicized by each region shall be properly done, and
the information shall be verified and updated in time in accordance with the progress of foreign investment of enterprises, so as
to secure the accuracy and effectiveness of the information.
All the enterprises directly under the jurisdiction of the Central Government shall report and send their information directly to
the Ministry of Commerce by the ways mentioned above.
V.
The Department of Foreign Economic Cooperation of the Ministry of Commerce shall be in charge of the construction of and supervision
over the above-mentioned Information Database. It may, in addition to releasing the above-mentioned information through the government
public websites, upon the need of the work, provide such services as the relevant information of different countries on attracting
foreign investment, opportunities for enterprise investment negotiation, and training of policies of different countries on foreign
investment, as well as providing special knowledge training, etc., and promote the implementation of investment cooperation projects
through organizing enterprises to make overseas investigation.
The Ministry of Commerce welcomes all kinds of domestic and foreign organizations, institutions, enterprises and individuals to provide
opportunities and assistance to the Chinese and foreign enterprises, and provide investment cooperation information and consultation
services.
Attachment: Registration Form of Foreign Investment Intention of Enterprises.
htm/e03289.htm Attachment
Attachment:
Registration Form of Overseas Investment Intention of Enterprises
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Name of Enterprises
Date of Filling in the FormDateMonthYear
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Contact Person for the Project
Telephone Fax
Email
Address
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Investment Industry |
Continent of Investment |
Country of Investment |
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Total Investment |
Investment of the Chinese Party |
Ways of Investment |
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Name of Products
Production Scale |
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Brief Introduction to the Project (including requirements to the cooperation partners)
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Brief Introduction to the Strengthen of the Chinese Enterprise
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Seal and Endorsement of the foreign trade and economic offices, commissions, bureaus, and business affairs offices
after examination and approval
DateMonthYear |
Remarks:
1. The Investment Industry shall be filled
in with: import and export trade, transportation, tourism, engineering contracting, research & development, consultation, machinery
manufacture, electronic and home appliances, light industry, textile, garment processing, agriculture development, development
of petrol and natural gas resources, development of mineral resources, smelting, fishery, real estate development, investment
and shareholding, and others.
2. The present Form may be downloaded from
the internet and copied, the part of the brief introductions to projects and enterprises may be added Attachment pages.
3. The ways of investment may be divided into:
newly established, merger and share holding; the unit of the amount of investment shall be: Ten Thousand Dollars.
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Order of the President of the People’s Republic of China
No. 12
The Decision of the Standing Committee of the National People’s Congress on Revising the Law of the People’s Republic of China on
the People’s Bank of China, which has been adopted by the sixth session of the Standing Committee of the Tenth National People’s
Congress of the People’s Republic of China on December 27, 2003, is hereby promulgated, and shall enter into force as of February
1, 2004.
President of the People’s Republic of China Hu Jintao
December 27, 2003
Decision of the Standing Committee of the National People’s Congress on Revising the Law of the People’s Republic of China on the
People’s Bank of China
(Adopted at the Sixth Session of Standing Committee of the Tenth National People’s Congress on December 27, 2003)
It has been decided at the sixth session of the Standing Committee of the Tenth National People’s Congress to make alterations on
the Law of the People’s Republic of China on the People’s Bank of China as follows:
1.
Article 1 shall be revised as “This Law is hereby constituted in order to establish the status of the People’s Bank of China (PBC),
clarify its functions, ensure the correct enactment and implementation of the state monetary policies, and set up and improve a macro-control
system through the central bank, as well as safeguard the stability of the banking industry.”
2.
Paragraph 2 of Article 2 shall be revised as “The People’s Bank of China shall constitute and implement monetary policies, prevent
and dissolve financial risks, and safeguard the stability of the banking industry in the country, upon the guidance of the State
Council.”
3.
Paragraph 1 of Article 4 shall be revised as “The People’s Bank of China shall implement the following responsibilities:
(1)
.Releasing and performing orders and regulations regarding its functions;
(2)
Constituting and carrying out monetary policies according to related laws;
(3)
Issuing Renminbi (RMB) and being in charge of its circulation;
(4)
Surveilling the inter-bank borrowing or lending markets and inter-bank bonds markets;
(5)
Performing administration on foreign exchange, and surveilling inter-bank foreign exchange market;
(6)
Surveilling gold market;
(7)
Holding, supervising and managing the state foreign exchange reserve and gold reserve;
(8)
Managing the state treasury;
(9)
Maintaining the regular operation of the systems for payments and settlements of accounts;
(10)
Guiding and arranging the anti-money-laundering work of the financial industry, taking charge in capital surveillance and measurement
over anti-money-laundering;
(11)
Being in charge of the statistics, investigation, analysis, and forecasting of the financial industry;
(12)
Engaging in related international banking operations as the central bank of the state; and
(13)
Other functions as prescribed by the State Council. ”
4.
Article 6 shall be revised as “The People’s Bank of China shall submit a working report regarding monetary policies and operation
of the financial industry to the Standing Committee of the National People’s Congress”.
5.
One Article shall be added as Article 9 , that is, “The State Council shall set up a financial surveillance and administration coordination
mechanism, and the specific measures shall be constituted accordingly.”
6.
Article 11 shall be changed as Article 12 , and one Paragraph shall be added as Paragraph 2, that is, “the monetary policy committee
of the PBC shall play its part in the state macro-control, and in the constitution and adjustment of monetary policies.”
7.
Article 12 shall be changed as Article 13 , and it shall be revised as “The PBC shall set up branches as its representative organs
as required in performing its functions, and practice uniformly leading and control over these branches.”
“The branches of the PBC shall maintain the stability of financial industry and handle related business operations in the areas under
their respective jurisdictions under the authorization of the PBC.”
8.
Article 14 shall be changed as Article 15 , and it shall be revised as “The governor, deputy governors and other staff of the PBC
shall keep state secrets in accordance with related laws and be responsible for keeping secrets of the banking institutions and the
clients regarding their performance of functions.”
9.
Article 22 shall be changed as Article 23 , of which Subparagraph (1) of Paragraph one shall be revised as demanding that the banking
institutions deposit the reserve fund at a prescribed ratio; and Subparagraph (3) thereof shall be revised as handling rediscounting
for the banking institutions, which have opened accounts in the PBC; and Subparagraph (5) thereof shall be revised as dealing in
treasury bonds, other government bonds, financial bonds and foreign exchange on the open market.
10.
Article 25 shall be changed as Article 26 , and it shall be revised as “The PBC may open accounts for banking institutions as required,
but may not overdraw the accounts of the banking institutions.”
11.
Article 26 shall be changed as Article 27 , and shall be revised as “The PBC shall perform in organizing or assisting in setting
up banking institutions in settling inter-institutional accounts, coordinating the activities and providing services thereof. The
specific procedures for such operation shall be constituted by the PBC.
The PBC shall, in collaboration with the banking regulatory organ of the State Council, constitute rules for settlement of payment.”
12.
Article 30 shall be changed as Article 31 , and shall be revised as “The PBC shall make surveillance and inspection over the operation
of financial market, and perform macro-control on financial market in order to advance its harmonious progress.”
13.
Article 31 shall be deleted.
14.
Article 32 shall be revised as “The PBC shall reserve the right to conduct inspection and surveillance over the acts of the financial
institutions, other entities or individuals as follows:
(1)
Acts of implementing related provisions regarding the management of reserve against deposit;
(2)
Acts relating to the special loans of the PBC;
(3)
Acts of performing the provisions regarding Renminbi control;
(4)
Acts of performing related provisions regarding the management of the inter-bank borrowing or lending markets and the inter-bank bonds
markets;
(5)
Acts of performing related provisions regarding foreign exchange control;
(6)
Acts of performing related provisions regarding gold management;
(7)
Acts on behalf of the PBC of managing the state treasury;
(8)
Acts of performing related provisions regarding settlement management; and
(9)
Acts of performing related provisions regarding anti-money-laundering.
The special loans hereof referred to in the preceding Paragraph are the loans used exclusively, which are decided by the State Council
and issued to financial institutions by the PBC”.
15.
One Article shall be added as Article 33 , that is, “The PBC may make suggestion that the banking regulatory organ of the State Council
conduct inspection and surveillance over banking institutions according to the needs of implementing the monetary policy and maintaining
the stability of the finance. And the banking regulatory organ of the State Council shall issue a reply within 30 days as of the
receipt of the suggestion.”
16.
One Article shall be added as Article 34 , that is, “The PBC may, upon the approval of the State Council, reserve the right to conduct
inspection and surveillance over the banking institution for the purpose of maintaining financial stability when a banking institution
has difficulty in payment which may lead to financial risks.”
17.
Article 33 shall be changed as Article 35 , and shall be revised as “The PBC may reserve the right to require the banking institutions
to submit the necessary balance sheet, statements of profits and other financial and statistical reports and materials as required
by its functions.
The PBC shall, in collaboration with the banking regulatory organ of the State Council and other financial surveillance and administration
organs of the State Council, set up the surveillance and administration information sharing mechanism.”
18.
Article 35 shall be deleted.
19.
Article 39 shall be altered as Article 40 , and shall be revised as “The PBC shall manage its revenues and expenditures and accounting
affairs according to related laws, administrative regulations, and the uniform financial and accounting systems of the state, and
shall be subject to the auditing and surveillance of the audit organs and the financial departments of the State Council separately
according to related laws.”
20.
Article 41 shall be changed as Article 42 , and it shall be revised as “Where anyone who illicitly prints or mints Renminbi, sells
counterfeit or illicitly printed or minted Renminbi, or knowingly transports counterfeit money or illicitly printed or minted money,
if a crime is constituted, it/he shall be investigated for criminal liabilities in accordance with related laws; if no crime is constituted,
a detention of no more than 15 days and a fine of no more than RMB 10,000 shall be imposed upon it/him by the public security organs.”
21.
Article 42 shall be changed as Article 43 , and shall be revised as “Where anyone who buys counterfeit or altered Renminbi or knowingly
holds or uses counterfeit or altered or illegally printed or minted Renminbi, if a crime is constituted, criminal liabilities shall
be investigated; if no crime is constituted, a detention of no more than 15 days and a fine of no more than RMB 10,000 shall be imposed
by the public security organs.”
22.
Article 45 shall be changed as Article 46 , and shall be revised as “In case any act listed in Article 32 of this Law violates related
provisions, punishment shall be imposed in accordance with the provisions regarding punishment in the related laws and administrative
regulations if any. In case of no provisions regarding punishment, the PBC shall give warnings, confiscate illegal gains if any subject
to different circumstances, and a fine of one time up to five times of the illegal gains in case the illegal gains are more than
RMB 500,000 shall be imposed; and a fine of RMB 500,000 up to RMB 2 million shall be imposed, if there are no illegal gains or the
illegal gains are no more than RMB 500,000. A warning, or a fine of RMB 50,000 Yuan up to RMB 500,000 Yuan shall be imposed upon
the directors and senior management personnel directly responsible and other persons directly liable. If it constitutes a crime,
the criminal liability shall be investigated in accordance with related laws.”
23.
Article 49 shall be changed as Article 50 , and shall be revised as “Where any functionary of the PBC divulges any state or commercial
secret he acquires, if a crime is constituted, criminal liabilities shall be investigated in accordance with related laws. If no
crime is constituted, he shall be subject to administrative sanctions in accordance with related laws.”
24.
Article 50 shall be changed as Article 51 , and it shall be revised as “Where any functionary of the PBC commits embezzlement, accepts
bribery, commits irregularities for personal interests, abuse their official capacities, or neglect their duties, if a crime is constituted,
criminal liabilities shall be investigated in accordance with law; if no crime is constituted, he shall be subject to administrative
sanctions in accordance with law”.
25.
One Article shall be added as Article 52 , that is, “The banking institutions as mentioned in this Law mean the commercial banks,
urban credit cooperatives, rural credit cooperatives, and other financial institutions and policy banks that absorb public deposits.
The provisions of this Law on banking institutions apply to the financial capital management companies, trust and investment companies,
finance companies, and financial leasing companies, which are set up within the territory of China, and other financial institutions
set up upon the approval of the banking regulatory organ of the State Council”.
The present Decision shall enter into force as of February 1, 2004.
The Law of the People’s Republic of China on the People’s Bank of China shall be revised pursuant to the present Decision, and the
order of the clauses thereof shall be adjusted accordingly, and this revised Law shall be publicized again.
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The Standing Committee of the National People’s Congress
2003-12-27
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