The General Administration of Quality Supervision, Inspection and Quarantine Decree of the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China No. 34 Provisions on the Administration of Entry-Exit Inspection and Quarantine Report by Proxy adopted by the meeting of the General Administration The General Administration of Quality Supervision, Inspection and Quarantine November 6, 2002 Provisions on the Administration of Entry-Exit Inspection and Quarantine Report by Proxy Chapter I General Provisions Article 1 The present provisions are formulated in accordance with the Law of the People’s Republic of China on Import and Export Commodity Article 2 Inspection and quarantine report by proxy mentioned in the present provisions shall mean the act of an enterprise legal person inside Article 3 The AQSIQ shall uniformly administer the work of inspection and quarantine report by proxy all over the country, and shall be responsible Article 4 An inspection and quarantine report agency shall be registered by the AQSIQ, otherwise it shall not engage in the business of inspection Article 5 An inspection and quarantine report agency shall, when accepting the entrustment to handle the inspection and quarantine report and Chapter II Registration of Inspection and Quarantine Report Agencies Article 6 An entity applying for the registration of inspection and quarantine report by proxy (hereinafter referred to as the applying entity) (1) Having obtained the “Business License of Enterprise Legal Person” issued by the department for industry and commerce; (2) Having at least 1.5 million Yuan of registered capital; (3) Having a fixed business site and the facilities for handling the business of inspection and quarantine report; (4) Having a good management system; (5) Having at least 10 persons who have obtained the “Certificate for the Qualifications as An Inspection and Quarantine Reporter”;(f) Article 7 An applying entity shall file an application to the inspection and quarantine bureau directly under the AQSIQ at its locality and (1) The “Application Letter for the Registration of Entry-Exit Inspection and Quarantine Report by Proxy”; (2) A duplicate of the “Business License of Enterprise Legal Person” (the original shall be submitted for verification at the same time); (3) A duplicate of the “Certificate for the Qualifications as An Inspection and Quarantine Reporter” of the inspection and quarantine (4) A sample seal mould of the enterprise of inspection and quarantine report by proxy; (5) Other documents stipulated by the AQSIQ to be submitted. Article 8 The inspection and quarantine bureaus directly under the AQSIQ shall carry out the preliminary verification on the applying entities’ An inspection and quarantine report agency that has obtained the “Registration Certificate” may engage in the business of inspection Article 9 In case of any modification with an inspection and quarantine report agency’s name, address, legal representative, business scope Chapter III The Act of Inspection and Quarantine Report by Proxy Article 10 A consignee of imported goods may entrust an inspection and quarantine report agency at the place of customs declaration or the place Article 11 An entrusted inspection and quarantine report agency shall complete the following acts of inspection and quarantine report by proxy: (1) Going through the formalities of inspection and quarantine report; (2) Paying the inspection and quarantine fee; (3) Contacting and cooperating with the inspection and quarantine institution to carry out the inspection and quarantine; (4) Obtaining the inspection and quarantine certificates and the proof of customs release; (5) Other matters related to the work of inspection and quarantine. Article 12 An inspection and quarantine report agency shall, when accepting the entrustment by a consignee or consigner, abide by the provisions Article 13 An inspection and quarantine report agency shall, when making the inspection and quarantine report, submit a power of attorney on The power of attorney on inspection and quarantine report shall indicate the principal’s name, address, the name (signature) of the Article 14 An inspection and quarantine report agency shall, in accordance with the relevant provisions, regulate the inspection and quarantine Article 15 An inspection and quarantine report agency shall, as required by the inspection and quarantine institution, be responsible for guaranteeing Article 16 An inspection and quarantine report agency shall bear the obligation of keeping confidential for the commercial secrets he has known Article 17 An inspection and quarantine report agency shall, in accordance with the relevant provisions, pay the inspection and quarantine fee An inspection and quarantine report agency shall truthfully inform the principal in written form of the payment of fees to the inspection Article 18 An inspection and quarantine report agency shall charge the principal the intermediation service fee for the inspection and quarantine Chapter IV Supervision and Administration Article 19 An inspection and quarantine institution shall apply the system of annual verification to the inspection and quarantine report agencies. The main contents of the “Annual Verification Report” include: the information on the business of annual inspection and quarantine An inspection and quarantine report agency that has been registered by the AQSIQ for less than 1 year does not have to apply for annual An inspection and quarantine bureau directly under the AQSIQ shall report the information on the annual verification of the inspection Article 20 An inspection and quarantine report agency shall cooperate with the inspection and quarantine institution to investigate and deal Article 21 No inspection and quarantine report agency shall lend its name in any form to others for them to carry out the business of inspection Article 22 An inspection and quarantine report agency shall set up and improve the files on the business of inspection and quarantine report Article 23 An inspection and quarantine report agency may make the inspection and quarantine report to the inspection and quarantine institution Article 24 Where an inspection and quarantine report agency is under any of the following circumstances, the inspection and quarantine bureau (1) It has committed an act in violation of the provisions on inspection and quarantine report; (2) It provides untrue information, and therefore causes the goods under inspection and quarantine report by proxy unable to be inspected (3) It does not administer the inspection and quarantine reporters strictly, and more than one reporters have been cancelled the qualifications (4) It delays the annual verification without the consent of the inspection and quarantine institution; (5) It violates Article 16 of the present provisions by disclosing the commercial secret it knows from carrying out the inspection and (6) It violates Article 17 of the present provisions by failing to pay the inspection and quarantine fee on behalf of the principal or (7) It violates Article 18 of the present provisions by charging the intermediation service fee from the principal for the inspection (8) It violates Article 20 of the present provisions by refusing to cooperate in the investigation and punishment by the inspection and (9) It violates Article 21 of the present provisions by lending its name to others to undertake the business of inspection and quarantine (10) It violates Article 22 of the present provisions by failing to set up and improve the files on the business of inspection and quarantine (11) It violates Article 23 of the present provisions by using electronic inspection and quarantine report enterprise software to carry (12) Its inspection and quarantine report needed to be suspended due to other reasons. Article 25 Where an inspection and quarantine report agency is under any of the following circumstances, the AQSIQ may cancel its qualifications (1) The enterprise of inspection and quarantine report by proxy is changed, and does no longer meet the conditions in Article 6 of the (2) It fails to attend the annual verification or fails to pass the annual verification; (3) It is under anyone of the circumstances enumerated in Article 24 of the present provisions, and the offense is serious; (4) It dos not implement its obligations within the scope of authorization, and therefore disturbs the order of inspection and quarantine; (5) It does not truthfully make the inspection and quarantine report, and fraudulently obtained the inspection and quarantine documents; (6) It forges, alters, buys, sells or steals inspection and quarantine documents, stamps, marks, seal indications, and quality certification (7) Its qualifications for inspection and quarantine report by proxy needs to be cancelled due to other reasons. Article 26 The institutions of inspection and quarantine report by proxy and their inspection and quarantine reporters shall, if violating any Article 27 No inspection and quarantine institution or its functionary shall set up any inspection and quarantine report agency in any form to Article 28 No inspection and quarantine institution or its functionary shall have any interests relationship with any inspection and quarantine Chapter V Supplementary Provisions Article 29 The inspection and quarantine report by proxy mentioned in the present provisions does not include the act of a production enterprise Article 30 The AQSIQ encourages the import and export enterprises to directly make inspection and quarantine report to the inspection and quarantine Article 31 The responsibility to interpret the present provisions shall remain with the AQSIQ. Article 32 The present provisions shall enter into force on January 1, 2003. |
The General Administration of Quality Supervision, Inspection and Quarantine
2002-11-06