General Administration of Customs Order of the General Administration of Customs of People’s Republic of China No. 129 The Interim Measures of the Customs of the People’s Republic of China for the Administration of Bonded Logistics Centers (Type A), Director General Mou Xinsheng June 23, 2005 Interim Measures of the Customs of the People’s Republic of China for the Administration of Bonded Logistics Centers (Type A) Chapter I General Provisions Article 1 For the purpose of adapting to the development of modern international logistics and regulating the administration of bonded logistics Article 2 The term “bonded logistics centers (type A) (hereinafter referred to as logistics centers) ” as mentioned in the present Measures Article 3 The logistics centers shall, be classified into public logistics centers and self-use logistics centers on the basis of their service The term “public logistics centers” refers to the customs supervision places that are operated by the legal person enterprise within The term “self-use logistics centers” refers to the customs supervision places that are operated by the legal person enterprises that Article 4 Goods that fall in the following categories may be stored into logistics centers upon approval of the customs: (1) Domestic export goods; (2) Transit goods and international transfer goods; (3) Goods as temporarily stored by foreign enterprises; (4) Export and import goods for processing trade; (5) Materials supplied for international shipping and aircrafts and parts and components for maintenance of international ships and aircrafts; (6) Imported consignments of parts and components for maintenance of foreign products; (7) Ordinary trade goods that have not gone through customs clearance; or (8) Any other goods as approved by the customs that haven’t gone through the customs clearance. An enterprise that operates logistics center shall carry out its business operation of bonded warehousing logistics according to the Chapter II Establishment of Logistics Centers Article 5 The logistics centers shall be established in those places with large international logistic demand and convenient communications Article 6 An enterprise that operates a logistics center shall satisfy the following qualifications: (1) It has been registered by the administrative department of industry and commerce and has the status of a legal person; (2) Its registered capital shall be not less than RMB 30 million yuan; (3) It has the ability to pay taxes to the customs and to handle any other legal liabilities; (4) It has a business place for goods storage and has the right of land use of the business place. Where the entity leases any land or (5) Where an entity engages in any storage of commodities subject to special licensing, it shall hold the prescribed special license; (6) Where an entity operates a self-use logistics center, the annual import and export amount (including the deep processing carry-over) (7) It shall have a management system that meets the requirements of the customs supervision and an accounting system that pursuant to Article 7 An enterprise that operates a logistics center shall satisfy the following qualifications when applying for the establishment of a (1) It meets the requirements of supervision, planning and construction of logistics centers by the customs; (2) The warehousing area of a public logistics center (including a yard) shall be not less than 20,000 square meters when it is located (3) The warehousing area of a self-use logistics center shall be not less than 4,000 square meters when it is located in the eastern regions (4) It shall establish a computerized management system that meets the requirements of the customs supervision, provide terminal equipments (5) It shall establish such supervision and office facilities as safety segregation facilities, video supervision and control system that (6) It shall observe such laws, administrative regulations, rules and relevant provisions of the state in as land administration, planning, Article 8 An enterprise that applies for the establishment of any logistics center shall file a written application to the customs directly (1) Application Form (See Attachment 1 for the format); (2) Opinion of the people’s government at the municipal (districted municipality) level (enclosed with the feasibility report) (3) A photocopy of the enterprise’s constitution; (4) A photocopy of the business license of the enterprise as a legal person; (5) A photocopy of the identity certification of the legal representative thereof; (6) A photocopy of the taxation registration certificate; (7) A photocopy of the certification of its opening bank; (8) Such credit certification documents as the capital verification report as provided by an accounting firm; (9) Documents on the internal management system of a logistics center; (10) The certification document verifying its location selection complies with the overall planning of land use and its geographic location (11) A photocopy of the registration certificate of declaration operation by a declaration entity. Article 9 An application for the establishment of a logistics center shall be filed to and accepted by the customs directly affiliated to General Article 10 An enterprise shall apply to the customs directly affiliated to General Administration of Customs for inspection and acceptance within Where a logistics center is accepted as eligible upon inspection, the General Administration of Customs shall verify it and issue Only after it passes the inspection and acceptance shall a logistics center carry out its business operation. Article 11 Where an enterprise that has been granted the approval for the establishment of a logistics center fails to apply for the inspection Where an enterprise that has been granted the approval for the establishment of a logistics center fails to apply for the inspection Chapter III Operation and Management of Logistics Centers Article 12 A logistics center shall not be subleased or lent to any other entity for operation, neither shall any sub-warehouse center be set Article 13 An enterprise that operates a logistics center may carry out the following operations: (1) Bonded warehousing of import or export goods and any other goods that haven’t gone through the customs clearance; (2) Provision of circulating simple processing and value-adding service for stored goods; (3) Global purchase and international allocation and distribution; (4) Transit trades and international transfer business; and (5) Any other international logistic business operation as approved by the customs. Article 14 An enterprise that operates a logistics center may not carry out any of the following business operations in its logistics center: (1) Commercial retail; (2) Production, processing and manufacture; (3) Maintenance, renovation and dismantlement; (4) Storage of any goods as prohibited by the state from being imported and exported or any other goods as restricted by the state from (5) Any other goods that shall not enjoy any bonded policy as expressively prescribed by laws and administrative regulations; or (6) Any other business operation that is irrelevant to logistics centers. Article 15 The person responsible for and the personnel of a logistics center shall be familiar with the relevant laws and administrative regulations Chapter IV Customs Supervision of Logistics Centers Article 16 The customs shall carry out a dynamic supervision and control of the goods, articles and transportation vehicles into or out of a Article 17 The customs shall carry out a network of supervision on logistics centers through computers. A logistics center shall establish a Article 18 The administrative customs shall carry out a distance supervision of logistics centers through the video supervision system. Article 19 The valid term of the Registration Certificate of Bonded Logistics Centers (Type A) is 2 years. An enterprise that operates a logistics center shall go to the customs directly affiliated to General Administration of Customs to Where an enterprise that operates a logistics center applies for the postponement of examination, it shall submit the following documents (1) A photocopy of the balance sheet and income statement of the current year, which have been audited by an accounting firm; (2) The original of the Declaration Registration Certificate; (3) A photocopy of the business license that has been pasted with the mark of passing the annual inspection of the current year by the (4) The report on the business operation of import and export by the enterprise; and (5) Any other materials as required by the customs. An extension of 2 years may be granted to an enterprise that passes the examination. Article 20 Where a logistics center needs to alter such matters as name, address, warehousing area of its operator, the relevant enterprise shall Article 21 Where an enterprise that operates a logistics center fails to carry out its business operation for consecutive 6 months without any Where an enterprise that operates a logistics center terminates its business operation due to any reason, the logistics center shall Article 22 The storage term for the bonded goods in the logistic center shall be 1 year. In case of justifiable reasons, an extension may be Chapter V Customs Supervision of Goods into or out of Logistics Centers Section I Goods as Transported between Logistics Centers and Borders Beyond Article 23 Any goods that is transported between a logistics center and border beyond shall be subject to the relevant formalities at the customs Article 24 Where any goods is transported between a logistics center and border beyond, no administration of import or export quota or licensing Article 25 Where any goods is transported from a border beyond into a logistics center, the tariff and import link taxes levied by the customs (1) Those goods as listed in Article 4 of the present Measures shall be given the bonded treatment; (2) Where an enterprise that operates a logistics center imports office appliance, transportation tools and life consumption articles, Section II Goods as Transported between Logistics Centers and Domestic Places Article 26 Where any goods in a logistics center is collected across customs areas, the formalities thereof may be handled at the customs in Article 27 An enterprise may transport in or out goods batch by batch and make the monthly declaration collectively according to the provisions Article 28 Any transportation of goods from a logistics center into domestic places shall be deemed as an import and the formalities for import Article 29 Any transportation of goods from domestic places into a logistics center shall be deemed as an export and the formalities for export For the goods transported from a domestic place into a logistics center that was imported earlier, the domestic consignor shall go The formalities shall be gone through according to the following provisions unless it is otherwise governed by laws and administrative (1) The customs shall sign and issue the certification of the declaration form of export goods for the handling of export refund under 1. The goods as transported from a domestic place into a logistics center has gone through the formalities for declaration; 2. For any export goods in transit, the customs at the consignment place has received the return receipt of transit verifying that the 3. Domestic machines, loading or unloading equipment, management equipment, inspection and testing equipment, etc. that are transported (2) The customs shall not sign and issue the certification of the declaration form of export goods for the handling of export refund under 1. Articles for daily use and transportation vehicles that are transported from a domestic place into the logistics center for the self-use 2. Machines, loading or unloading equipment, management equipment, inspection and testing equipment, etc. that are transported from a 3. The transportation of goods between bonded logistics centers and between bonded logistics center and such special customs supervision Article 30 The enterprises shall go through the formalities for export refunds according to the measures for the administration of tax collection Article 31 For goods falls in the following categories, the tariff and import link taxes as levied by the customs on behalf of other authorities (1) Parts and components that are used for free maintenance of relevant foreign products within the guaranteed period and that are in (2) Materials as used for international shipping and aircraft; or (3) Any other tax-free goods as prescribed by the state. Article 32 The transportation of goods between bonded logistics centers and such special customs supervision areas or customs supervisory bonded Chapter VI Legal Liabilities Article 33 Where any damage or destruction is done to the bonded warehousing goods in the storage period, the enterprise that operates a logistics Article 34 As for any violation of the present Measures, the customs shall make punishments according to the Customs Law of the People’s Republic Chapter VII Supplementary Provisions Article 35 Definitions of terms in the present Measures: The term “circulating simple processing and value-adding services” refers to the general term of such simple supplementary operations The term “international transfer goods” refers to the goods that are consigned from abroad, reloaded onto transportation vehicles Article 36 The power of interpreting the present Measures shall remain with the General Administration of Customs. Article 37 The present Measures shall come into force as of July 1, 2005. Attachment: 1. Application Form for Bonded Logistics Centers (Type A)(Omitted) 2. Acceptance Certificate of Bonded Logistics Centers (Type A) upon Inspection (Omitted) 3. Registration Certificate of Bonded Logistics Centers (Type A)(Omitted) 4. Signboard of Bonded Logistics Centers (Type A)(Omitted) |
General Administration of Customs
2005-06-23