Customs General Administration Decree of the General Administration of Customs of the People’s Republic of China No. 112 The Measures of the Customs of the People’s Republic of China for the Administration of Small Vessels Coming from and Going to Hong Mou Xinsheng, Director of the General Administration of Customs February 6th, 2004 The Measures of the Customs of the People’s Republic of China for the Administration of Small Vessels Coming from and Going to Hong Chapter I General Provisions Article 1 In order to regulate the supervision over small vessels coming from and going to Hong Kong and Macao and the cargoes and articles Article 2 Definitions of the following terms as mentioned in the present Measures: (1) The term “small vessels coming from and going to Hong Kong and Macao” refers to the power-driven vessels and non-power-driven vessels (2) The term “customs midway supervisory offices for small vessels” (hereinafter referred to MSOs) refers to the supervisory institutions (3) The term “navigation instructions” refers to the electronic instructions given by the MSOs to the small vessels, such as “Pass by (4) The term “the specified area” refers to the navigation area centering around an MSO within a certain range. The specific range shall Article 3 Small vessels shall enter and exit, anchor, load and unload cargoes and articles, let people get on or get off and undergo relevant Article 4 Where any of the following vessels enters or exits China, it shall be subject to the formalities for manifest confirmation and customs (1) Small vessels coming and going between Hong Kong and the water area of Zhujiang shall go through the relevant formalities at Dachandao (2) Small vessels coming and going between Hong Kong or Macao and the waterway of Modaomen shall go through the relevant formalities at (3) Small vessels coming and going between Hong Kong or Macao and all the ports along the coasts of Guangdong, Guangxi and Hainan to the (4) Small vessels going between Hong Kong or Macao and all the ports of Guangdong Province to the east of Zhujiangkou, Fujian and along The small vessels coming and going between Hong Kong and Chiwan, Shekou, Mawan and Yantian Port shall directly go through the entry/exit Article 5 After being kept record by the customs, a small vessel may engage in transportation of cargoes entering or exiting China. The small vessel shall, via the shipping enterprise owning this vessel, go through the record-keeping formalities in the customs directly Article 6 Each small vessel shall install ship-borne information receiving and sending device acknowledged by the customs. Under special circumstances, No small vessel may have hidden compartments, interlayers or other room for hiding cargoes and articles. The structure of the vessel Chapter II Management of Record-keeping Article 7 When a small vessel applies for record-keeping, the shipping enterprise shall submit the following documents to the customs: (1) The Registration and Record-Keeping Form for Small Vessels Coming from and Going to Hong Kong and Macao (See Attachment 1); (2) Copy of the approving documents issued by the administrative department of transport; (3) Copy of the ship inspection certificate issued by China Classification Society or the administrative department of maritime; (4) Copy of the vessel’s transportation permit; (5) Copy of the vessel’s nationality certificate; (6) The diagram of the vessel’s structure; and (7) Colored photographs of the front view of the vessel and its profile that shows its name, each in triplicate; In addition, the original documents of those mentioned in Items (2) through (5) shall be simultaneously submitted to the customs for Article 8 Where the customs decides to keep record of a vessel, it shall issue a Registration and Record Keeping Certificate of Small Vessels Where the customs decides not to keep record of a vessel upon examination, it shall formulate and issue a Notice on Disapproval of Article 9 The customs shall adopt an annual examination management to small vessels. A shipping enterprise shall submit the following documents (1) The Annual Examination Report on Small Vessels Coming from and Going to Hong Kong and Macao (See Attachment 5); (2) The Record-keeping Certificate; and (3) The Supervisory Book of the Customs. Any small vessel that fails to go through the annual examination or fails to meet the requirements as specified in the present Measures Article 10 Where any of the information registered with the customs, such as a small vessel’s name, structure, route, legal representative, address Chapter III Supervision of Customs Article 11 Before a small vessel enters China, the person-in-charge or agent of the vessel may itself or authorize a manifest input entity to Before a small vessel exits China, the person-in-charge or agent of the vessel shall submit a paper manifest to the customs at the Article 12 The electronic manifest data shall include: the name and serial number of the tool of transport, the number of voyage, nationality, Article 13 The person-in-charge of a vessel shall confirm the declared electronic manifest data through the ship-borne receiving and sending After a vessel has completed the formalities for confirming the electronic manifest data and making the customs seal, the owner or Article 14 Where it is necessary to modify the electronic manifest data confirmed by the customs, the person-in-charge or its agent shall file Article 15 The customs shall preserve the electronic manifest data and track data for 3 years from the day when it confirms the declared manifest Article 16 After a small vessel starts to enter or exit China, it shall enter the specified area, receive and confirm the navigation instructions, Article 17 When a small vessel receives the instruction that it shall stop sailing to go through the relevant formalities, it shall sail into With regard to a small vessel entering China, it may continue to sail to the port of destination within China after its Supervisory With regard to a small vessel exiting China, it shall submit the manifest and other vouchers with the seal of the customs at the port Article 18 After a small vessel arrives at the port of destination within China, the person-in-charge or agent of the vessel shall submit the With regard to a small vessel that has gone through the relevant formalities at an MSO, it shall submit the customs seal. Article 19 The person-in-charge of a small vessel shall properly preserve the paper manifest, customs seal and other vouchers confirmed by the Article 20 When a small vessel loads or unloads cargoes entering or exiting China, the person-in-charge or agent of the vessel shall verify the Article 21 With regard to the articles for public use and self-use articles of the shipmen carried by a vessel entering or exiting China, one Article 22 Where a small vessel installs machine parts, or re-supplies ship’s fuel, materials and articles for public use, one shall fill in Article 23 No small vessel may carry import / export cargoes and non-import / export cargoes on board at the same time. Article 24 Upon approval of the departments of transport, a small vessel may concurrently engage in transportation within China. Whenever a small vessel changes the overseas transportation into domestic transportation or vice versa, one shall report to the customs Article 25 During the period from a small vessel’s entering China to the completeness of the customs clearance formalities, or during the period Article 26 Where a small vessel anchors, loads or unloads cargoes or articles, or lets people get on or off at a time or area other than the Article 27 Where a small vessel is forced to anchor, take up a berth, load or unload cargoes or articles, or lets people get on or off due to Where a small vessel is unable to anchor in the MSO for completing the entry / exit formalities due to confronting a storm, it may Article 28 An MSO may put marks on the cargoes carried by a small vessel and the compartments of the vessel, it may assign persons to conduct Article 29 Where the customs examines a small vessel, the person-in-charge or agent of the vessel shall be present, shall open all the places, When the customs examines the baggage and articles of the shipmen, the relevant shipmen shall be present and shall open the baggage Chapter IV Legal Liabilities Article 30 If anyone violates the Customs Law of the People’s Republic of China and the provisions of the present Measures, by smuggling or any Chapter V Supplementary Provisions Article 31 The power to interpret the present Measures shall remain with the General Administration of Customs. Article 32 The present measures shall come into force as of March 15, 2004. The Measures of the Customs of the People’s Republic of China for Attachments: 1. The Registration and Record-Keeping Form for Small Vessels Coming from and Going to Hong Kong and Macao (Omitted) 2. The Register and Record Keeping Certificates for Small Vessels Coming from and Going to Hong Kong and Macao (Omitted) 3. The Supervisory Book of the Customs for Small Vessels Coming from and Going to Hong Kong and Macao (Omitted) 4. Notice on Disapproval of Record Keeping of Small Vessels Coming from and Going to Hong Kong and Macao (Omitted) 5. The Annual Examination Report on Small Vessels Coming from and Going to Hong Kong and Macao (Omitted) 6. Entry-exit Declaration Form for Public Articles Carried by Small Vessels Coming from and Going to Hong Kong / Macao (Omitted) 7. Entry-exit Declaration Form for Self-use Articles Carried by Small Vessels Coming from and Going to Hong Kong / Macao (Omitted) 8. Declaration Form for Fuel and Materials Re-supplied Abroad to Small Vessels Coming from and Going to Hong Kong / Macao (Omitted) |
Customs General Administration
2004-02-06