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Standing Committee of the National People’s Congress
Order of the President
No. 45
The Stock-breeding Law of the People’s Republic of China, which was adopted at the 19th Session of the Standing Committee of the 10th
National People’s Congress of the People’s Republic of China on December 29, 2005, is hereby promulgated and shall go into effect
as of July 1, 2006.
President Hu Jintao
December 29, 2005
Stock-breeding Law of the People’s Republic of China ContentsChapter I General Provisions
Chapter II Protection of Livestock and Poultry Genetic Resources
Chapter III Variety Breeding and Business Operation of Breeding Livestock and Poultry
Chapter IV Raising of Livestock and Poultry
Chapter V Trading and Transportation of Livestock and Poultry
Chapter VI Quality and Safety Guarantee
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
With a view to regulating the production and business operations of stockbreeding, ensuring the quality and safety of livestock and
poultry products, protecting and reasonably utilizing the genetic resources of livestock and poultry, protecting the legitimate rights
and interests of the stockbreeding producers and business operators, and promoting the sustainable and sound development of stockbreeding,
this Law is formulated.
Article 2
This Law shall be applicable to the protection and utilization of livestock and poultry genetic resources, and breeding, raising,
business operations and transportation of livestock and poultry within the People’s Republic of China.
The livestock and poultry” as mentioned in this Law shall refer to those included in the list of genetic resources of livestock and
poultry that shall be announced according to Article 11 of this Law.
The protection, utilization, production, and business operation of bee and silkworm resources shall be governed by this Law.
Article 3
The state should support the development of livestock and give full play to the role of the stockbreeding in the development of agriculture,
rural economy, and increase of farmers’ income. The people’s governments at or above the county level shall take measures to reinforce
the construction of the basic facilities for stockbreeding, encourage and support the development of breeding on a large-scale basis,
push forward the industrialized operations of stockbreeding, promote the comprehensive production capacity and develop stockbreeding
into a high-quality, highly efficient, ecological, and safe industry.
The state should help and support the development of the stockbreeding industry in the areas inhabited by minority nationalities and
the poverty-stricken areas, protect and reasonably utilize the pastures and improve the production conditions for stockbreeding.
Article 4
The state should take measures to foster professional stockbreeding and veterinary talents, develop the research and popularization
of the science and technology of stockbreeding and veterinary, carry out the education and publicity of scientific and technical
knowledge of stockbreeding and veterinary as well as the stockbreeding and veterinary information service, and push forward the scientific
and technological progress of the stockbreeding industry.
Article 5
The producers and business operators of stockbreeding may establish industrial associations on their own initiatives so as to provide
information, technology, marketing and training services for the members, to intensify the industrial self-discipline and to protect
the interests of the members and the industry.
Article 6
The producers and business operators of stockbreeding shall fulfill the obligations of animal epidemic prevention and environmental
protection, and shall accept the supervision and inspection conducted by the relevant competent authorities according to law.
Article 7
The stockbreeding and veterinary administrative department of the State Council is responsible for the supervision and administration
of stockbreeding throughout the country. The stockbreeding and veterinary administrative departments of the people’s governments
at or above the county level are responsible for the of supervision and administration stockbreeding within their respective administrative
areas.
The relevant competent departments of the people’s governments at or above the county level are responsible for promoting the development
of stockbreeding within their respective responsibilities.
Article 8
The stockbreeding and veterinary administrative department of the State Council shall offer guidance to the producers and business
operators of stockbreeding to improve the conditions and environment for the breeding, raising, and transportation of livestock and
poultry.
Chapter II Protection of Livestock and Poultry Genetic Resources
Article 9
The state shall establish a system for the protection of livestock and poultry genetic resources. The people’s governments at all
levels shall take measures to intensify the protection of the livestock and poultry genetic resources, and the relevant expenses
shall be included in the fiscal budget.
The state shall play a predominant role in the protection of the genetic resources of livestock and poultry while the pertinent entities
and individuals shall be encouraged and supported to develop the cause of protecting the livestock and poultry genetic resources
pursuant to the law.
Article 10
The stockbreeding and veterinary administrative department of the State Council shall establish the National Commission for the Livestock
and Poultry Genetic Resources consisting of professionals, which shall be responsible for the appraisal and evaluation of livestock
and poultry genetic resources as well as the accreditation of new breeds and genetic improvement system, and shall carry out the
demonstration of the plan on the protection and utilization of livestock and poultry genetic resources, as well as the consultation
relating to the protection of livestock and poultry genetic resources.
Article 11
The stockbreeding and veterinary administrative department of the State Council shall be responsible for organizing the survey of
livestock and poultry genetic resources, releasing national reports on the status of livestock and poultry genetic resources and
publishing the list of livestock and poultry genetic resources approved by the State Council.
Article 12
The stockbreeding and veterinary administrative department of the State Council shall, in light of the distribution of the livestock
and poultry genetic resources, formulate the national plan on the protection and utilization of the livestock and poultry genetic
resources, formulate and announce the national protection list of livestock and poultry genetic resources, and lay the emphasis on
the protection of the valuable, rare and endangered genetic resources of livestock and poultry native to China.
The stockbreeding and veterinary administrative departments of the people’s governments at the provincial level shall, according to
the plan on the protection and utilization of livestock and poultry genetic resources as well as the status of the livestock and
poultry genetic resources within their respective administrative area, formulate and publish the provincial protection list of the
livestock and poultry genetic resources, and report it to the stockbreeding and veterinary administrative department of the State
Council for the record.
Article 13
The stockbreeding and veterinary administrative department of the State Council shall, according to the national plan on the protection
and utilization of livestock and poultry genetic resources as well as the national protection list of livestock and poultry genetic
resources, the people’s governments at the provincial level shall, according to the provincial protection list of livestock and poultry
genetic resources, respectively establish or determine breeding protection places, reserves and gene databases of livestock and poultry
genetic resources, and shall undertake the task of protection of the livestock and poultry genetic resources.
No breeding protection place, reserves or gene database of livestock and poultry genetic resources funded by the Central Finance and
provincial finance may dispose of any livestock or poultry genetic resource under protection without approval of the stockbreeding
and veterinary administrative department of the State Council or the stockbreeding or veterinary administrative department of the
people’s government at the provincial level.
A gene database of livestock and poultry genetic resources shall regularly gather and update the livestock and poultry genetic materials
according to the provisions set forth by the stockbreeding and veterinary administrative department of the State Council or the stockbreeding
and veterinary administrative department of the provincial people’ s government. The relevant entities and individuals shall cooperate
with gene databases of livestock and poultry genetic resources in gathering livestock and poultry genetic materials and may be enpost_titled
to obtain reasonable economic compensation.
The measures for the administration of breeding protection places, reserves and gene databases shall be formulated by the stockbreeding
and veterinary administrative department of the State Council.
Article 14
Before a newly-discovered livestock or poultry genetic resource is appraised by the National Commission for Livestock and Poultry
Genetic Resources, the stockbreeding and veterinary administrative department of the provincial people’s government shall set down
a protection plan, take temporary protection measures and report it to the stockbreeding and veterinary administrative department
of the State Council for the record.
Article 15
An application shall be filed with the stockbreeding and veterinary administrative department of the provincial people’s government
for the introduction of a livestock or poultry genetic resource from abroad. The stockbreeding and veterinary administrative department
that accepts the application shall, upon examination, report it to the stockbreeding and veterinary administrative department of
the State Council for evaluation, argumentation and approval. If the application is approved, the relevant formalities shall be gone
through and the livestock and poultry genetic resource shall be quarantined in accordance with the Law of the People’s Republic of
China on the Inspection and Quarantine of Entry and Exit Animals and Plants.
Where a livestock or poultry genetic resource introduced from abroad is found harmful to or is likely to be harmful to the livestock
or poultry resources or to the ecological environment in China, the stockbreeding and veterinary administrative department of the
State Council shall, in consultation with the relevant competent organs, take corresponding safety control measures.
Article 16
Where any livestock or poultry genetic resource included in the protection list is to be exported from China or is to be researched
and utilized in China in cooperation with a foreign institution or an individual, the applicant shall file an application with the
stockbreeding and veterinary administrative department of the provincial people’s government and put forward a plan on benefit sharing
with the state. The stockbreeding and veterinary administrative department that accepts the application shall, upon examination,
report them to the stockbreeding and veterinary administrative department of the State Council for approval.
Where any livestock or poultry genetic resource is to be exported from China, the relevant formalities shall be gone through and the
livestock or poultry genetic resource shall be quarantined according to the Law of the People’s Republic of China on the Inspection
and Quarantine of Entry and Exit Animals and Plants.
A newly discovered livestock or poultry genetic resource may neither be exported from China nor be researched and utilized within
China in cooperation with any foreign institution or individual before it is appraised by the National Commission for Livestock and
Poultry Genetic Resources.
Article 17
The measures for the examination and approval of the entry and exit of livestock and poultry genetic resources as well as the foreign-related
cooperative research and utilization shall be formulated by the State Council.
Chapter III Variety Breeding and Business Operation of Breeding Livestock and Poultry
Article 18
The state gives support to the selection of species of livestock and poultry as well as the popularization and use of fine breeds
and shall support enterprises, colleges and universities, scientific and research institutions and technology popularization entities
to carry out joint breeding and to establish a system for breeding improved variety of livestock and poultry
Article 19
Before a newly bred variety of livestock or poultry, genetic improvement system, or newly discovered livestock or poultry genetic
resource is popularized, it shall be subject to examination and approval or appraisal conducted by the National Commission for Livestock
and Poultry Genetic Resources, and it shall be announced by the stockbreeding and veterinary administrative department of the State
Council. The measures for the examination and approval of newly bred varieties, the genetic improvement system of livestock and poultry,
and the measures for the appraisal of livestock and poultry genetic resources shall be formulated by the stockbreeding and veterinary
administrative department of the State Council. The fees for the experiment or testing necessary for examination and approval or
appraisal shall be borne by the applicant. The relevant fee collection measures shall be formulated by the public finance and price
departments of the State Council in conjunction with the stockbreeding and veterinary administrative department of the State Council.
The pilot experiments for breeding a new variety or genetic improvement system of livestock or poultry shall be subject to the approval
of the stockbreeding and veterinary administrative department of the people’s government at the provincial level where the experiment
is carried out.
The legitimate rights and interests of the breeders of new varieties and genetic improvement system of livestock and poultry shall
be protected by the law.
Article 20
The breeding, experiment, accreditation and popularization of genetically modified livestock and poultry varieties shall comply with
the provisions of the state on the administration of agricultural genetically modified organisms.
Article 21
A stockbreeding and veterinary technology popularization organization at or above the provincial level may register the fine breeding
livestock and recommend fine breeding livestock to the general public. The rules on the registration of fine breeding livestock shall
be formulated by the stockbreeding and veterinary administrative department of the State Council.
Article 22
Any entity or individual that engages in the production and business operation of breeding livestock and poultry or in the production
of young commercial livestock and poultry shall obtain a license for the production and business operation of breeding livestock
and poultry. An applicant shall go through the formalities of industrial and commercial registration upon the strength of the license
for the production and business operation of breeding livestock and poultry, and may not engage in the relevant production and business
operation activities unless it obtains a business license.
To apply for a license for the production and business operation of breeding livestock and poultry, an applicant shall satisfy the
following conditions:
(1)
The breeding livestock and poultry for production and business operation shall fall within the varieties or genetic improvement system
as accredited or appraised by the National Commission for Livestock and Poultry Genetic Resources, or the varieties or genetic improvement
system introduced from abroad upon approval;
(2)
Having the stockbreeding and veterinary technicians commensurate with the needs of production and business operation;
(3)
Having the breeding facilities and equipment commensurate with the needs of production and business operation;
(4)
Satisfying the livestock and poultry disease prevention conditions as prescribed by laws, administrative regulations, as well as the
provisions of the stockbreeding and veterinary administrative department of the State Council;
(5)
Having sound quality management and breeding record system; and
(6)
Other conditions as prescribed by laws and administrative regulations.
Article 23
To apply for a license for the production and business operation of ova, frozen sperms, embryos and other genetic materials, an applicant
shall not only meet the conditions as prescribed in Paragraph 2 of Article 22 of this Law, but also satisfy the following requirements:
(1)
Satisfying the requirements on laboratory, preservation and transport as provided for by the stockbreeding and veterinary administrative
department of the State Council;
(2)
Satisfying the number and quality requirements as provided for by the stockbreeding and veterinary administrative department of the
State Council;
(3)
The sources of the embryos produced by in vitro fertilization as well as the available ova are clear, and the donor livestock comply
with the national health standards and quality requirements for the breeding livestock;
(4)
Satisfying other technical requirements as provided for by the stockbreeding and veterinary administrative department of the State
Council.
Article 24
To applying for a license for the production and business operations of ova, frozen sperms, embryos and other genetic materials of
livestock, an applicant shall file an application with the stockbreeding and veterinary administrative department of the people’s
government at the provincial level. The stockbreeding and veterinary administrative department that accepts the application shall,
within 30 working days after it receives the application, complete the examination and shall report it to the stockbreeding and veterinary
administrative department of the State Council for examination and approval. The stockbreeding and veterinary administrative department
of the State Council shall, in accordance with the law, decide whether or not to issue a license for the production and business
operation to the applicant within 60 working days after it receives the application.
The license for the production and business operation of other breeding livestock and poultry shall be issued by the stockbreeding
and veterinary administrative departments of the people’s governments at or above the county level upon examination and approval.
The specific examination, approval and issuance measures shall be formulated by the provincial people’s governments.
The specimen of the license for the production and business operation of breeding livestock and poultry shall be formulated by the
stockbreeding and veterinary administrative department of the State Council. The period of validity of the license shall be 3 years.
A charge for the cost of the license may be charged for the issuance of the license. The concrete charging measures shall be formulated
by the public finance or price department of the State Council.
Article 25
The license for the production and business operation of breeding livestock and poultry shall indicate the name of the producer or
business operator, farm (factory) site, production and business scope as well as the beginning date and ending date of the valid
period of the license.
Any entity or individual is prohibited from engaging in the production or business operation of breeding livestock or poultry without
a license for the production and business operation of breeding livestock and poultry or in violation of the license for the production
and business operation of breeding livestock and poultry. It is forbidden to forge, alter, transfer or lease the license for the
production and business operation of breeding livestock and poultry.
Article 26
Where a farmer raises breeding livestock or poultry by himself and has a small number of young livestock or poultry for sale, or raises
male breeding livestock and carries out the mating on a mutual help basis, the license for the production and business operation
of breeding livestock and poultry is not required.
Article 27
Anyone who specially engages in such livestock breeding jobs as the external insemination and embryonic implantation shall obtain
the corresponding professional qualification certificate.
Article 28
To release any livestock or poultry advertisement, the advertiser shall provide the business license as well as the license for the
production and business operation of breeding livestock and poultry. The content of the advertisement shall comply with the provisions
of the relevant laws and administrative regulations and shall indicate the approved or appraised name of the variety or genetic improvement
system of the livestock or poultry. The description of the main characters in the advertisement shall conform to the standards on
such varieties or genetic improvement system.
Article 29
The breeding livestock and poultry for sale, and the available male breeding livestock of the breeding station (places) shall comply
with the standards on the breeds. When any breeding livestock or poultry are sold, they shall be accompanied by the inspection certificate
issued by the breeding livestock or poultry farm and a quarantine certificate issued by the animal quarantine and supervisory institution.
Moreover, any breeding livestock for sale shall be accompanied by the domestic animal pedigree presented by the breeding livestock
or poultry farm.
A producer of ova, frozen sperms, embryos and other genetic materials of livestock shall have complete records of gathering, sale
and implantation, and shall preserve these records for two years.
Article 30
No seller of livestock and poultry may sell:
(1)
any variety or genetic improvement system of the livestock or poultry as other variety or genetic improvement system of livestock
or poultry;
(2)
any breeding livestock or poultry of inferior generation as the superior one;
(3)
any livestock or poultry that don’t satisfy the standards on the breeding livestock or poultry as breeding livestock or poultry;
(4)
any breeding livestock or poultry introduced without approval;
(5)
any livestock and poultry not accompanied by a conformity certificate and quarantine certificate as required by Article 29 of this
Law or any livestock not accompanied by the domestic animal pedigree; or
(6)
any variety of livestock or poultry, or genetic improvement system that has not been approved or appraised.
Article 31
An applicant shall have the license for the production and business operation of breeding livestock and poultry when applying for
the import of breeding livestock or poultry. The approval documents concerning the import of breeding livestock and poultry shall
be valid for 6 months.
The imported breeding livestock and poultry shall conform to the technical requirements of the stockbreeding and veterinary administrative
department of the State Council. Moreover, the initially imported breeding livestock or poultry shall be assessed by the National
Commission for Livestock and Poultry Genetic Resources in terms of breeding performance.
Apart from the two preceding paragraphs, the relevant provisions of Articles 15 and 16 shall be applicable to the administration of
the import and export of breeding livestock and poultry as well.
The state encourages the livestock and poultry breeders to conduct selective breeding of new varieties and genetic improvement system
for the imported livestock and poultry. Any newly bred species or genetic improvement system shall be subject to the examination
and approval of the National Commission for Livestock and Poultry Genetic Resources before it is popularized.
Article 32
Where a breeding livestock or poultry farm or incubation farm (factory) sells young commercial livestock and poultry, it shall provide
the buyers with the main productivity indicators, disease immunity information, breeding technical requirements and relevant consultation
services, as well as a quarantine certificate issued by the animal disease prevention and supervisory institution.
If a seller of breeding livestock, breeding poultry, young commercial livestock or young commercial poultry causes any loss to a breeder
of livestock or poultry due to the reason of quality, he shall compensate for such loss according to law.
Article 33
The stockbreeding and veterinary administrative departments of the people’s governments at or above the county level shall be responsible
for the supervision and administration over the quality and safety of breeding livestock and poultry. The breeding livestock and
poultry quality inspection institutions with statutory qualifications shall be entrusted to conduct the supervision and inspection
of the quality and safety of breeding livestock and poultry; and the necessary inspection cost shall be listed as an expenditure
according to the provisions of the State Council, which shall not be paid by the inspected parties.
Article 34
The relevant provisions of this Law shall apply to the resource protection, selective breeding of new varieties, production, business
operation and popularization of breeding silkworms, and the specific administrative measures shall be formulated by the agriculture
administrative department of the State Council.
Chapter IV Raising of Livestock and Poultry
Article 35
A stockbreeding and veterinary administrative department of the people’s government at or above the county level shall, according
to the stockbreeding development plan and market demand, guide and support the structural adjustment of stockbreeding, develop the
livestock and poultry production with advantages and enhance the market competitiveness of livestock and poultry products.
The state shall support the grassland pasturing areas to carry out such basic construction as pasture fencing, water conservancy,
pasture improvement, and forage and feed bases, improve the composition of livestock herds, improve the species of livestock, change
the mode of production, develop penned animal feeding and rotational grazing, gradually realize the balance between the livestock
and forage and improve the ecological environment of the pastures.
Article 36
The State Council and the people’s governments at the provincial level shall, within their respective financial budget, arrange the
subsidies for fine breeds, interest discount subsidies and other fund supporting the stockbreeding development, and the relevant
financial institutions are encouraged to support the livestock and poultry breeders by way of providing loans, insurance services,
etc. to buy fine breeds of livestock and poultry, breed fine breeds, improve the production facilities, expand the breeding scale
and promote breeding benefits.
Article 37
The state shall support the rural collective economic organizations, farmers and stockbreeding cooperative economic organizations
to set up livestock and poultry farms or areas, develop scale and standardized breeding. The overall plan of a town (township) on
land utilization shall arrange for the land available for livestock and poultry breeding in light of the local conditions. The livestock
and poultry farms and areas established by the rural collective economic organizations and farmer according to the overall plan of
a town (township) on land utilization shall be managed as agricultural land. Where the land use period of a livestock or poultry
farm or raising area expires, if it is necessary to restore the original purpose of the land, the holder of the right to use the
land of the livestock or poultry farm or raising area shall be responsible for restoring the its original use. Where it is necessary
to establish any permanent building (fixture) which involves the change of the purpose of the agricultural land, the relevant provisions
of the Land Administrative Law of the People’s Republic China shall apply.
Article 38
The stockbreeding and veterinary technology popularization institutions established by the state shall provide farmers with such services
as livestock and poultry breeding technology training, promotion of fine breeds, disease prevention and control, and etc. The people’s
government at or above the county level shall ensure the fund for the stockbreeding and veterinary technology popularization institutions
established by the state to engage in the technical services of the public good
The state encourages the livestock and poultry processing enterprises and other relevant producers and business operators to offer
the livestock and poultry breeding services that farmers need.
Article 39
A livestock and poultry farm or raising area shall satisfy the following requirements:
(1)
Having a production site and production facilities commensurate with the needs of the raising scale;
(2)
Having stockbreeding and veterinary technicians who provide services for it;
(3)
Meeting the requirements of epidemic prevention as prescribed by the laws, administrative regulations, as well as the provisions of
the stockbreeding and veterinary administrative department of the State Council;
(4)
Having facilities such as firedamp pool for the comprehensive utilization of the livestock or poultry dung, waste water and other
solid wastes, or other innocuous disposal facilities;
(5)
Other requirement as prescribed by laws and administrative regulations.
The owner of the aforesaid farm or raising community shall report the name and address of the farm or raising community, breeds of
the livestock or poultry as well as the raising scale to the stockbreeding and veterinary administrative department of the people’s
government at the county level at its locality for the record so as to obtain the code of livestock or poultry mark.
The people’s governments at the provincial level shall, according to the development of stockbreeding within their respective administrative
areas, formulate standards on the scale of livestock and poultry farms or raising areas as well as the procedures of keeping records.
Article 40
No livestock or poultry farm or raising areas may be built in any of the following areas:
(1)
Water source protection areas of drinking water, historic sites and scenic spots, as well as the core areas and buffer areas of natural
reserves;
(2)
Urban residential areas, cultural, educational and scientific research areas, and other population intensive areas; or
(3)
Other areas banned by laws or regulations.
Article 41
A livestock and poultry farm shall establish stock raising archives, which shall state:
(1)
the variety, number, reproduction records, mark information, source, and dates of entering and exiting the farm;
(2)
the source, name, object, time, quantity of such inputs as the feed, feed additives, animal drugs, etc.;
(3)
information on quarantine, disease immunity and sanit
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General Administration of Customs
Order of the General Administration of Customs
No. 143
The Measures Governing Modifying and Revoking the Import/Export Goods Declaration Forms of the Customs of the People’s Republic of
China were deliberated and adopted at the executive meeting of the General Administration of Customs on December 8, 2005. They are
hereby promulgated and shall come into force as of February 1, 2006.
Mou Xinsheng Director General
December 30, 2005
The Measures Governing Modifying and Revoking the Import/Export Goods Declaration Forms of the Customs of the People’s Republic of
China
Article 1
With a view to strengthening the management of modification and revocation of the declaration forms of import/export goods and regulating
the declaration acts of the consignees and consignors of the import/export goods or their agents, the present Measures are formulated
in accordance with the Customs Law of the People’s Republic of China and the relevant administrative regulations.
Article 2
The present Measures shall apply to the modification or revocation of import/export goods declaration forms upon applications by
the consignees and consignors of import/export goods or their agents or as required by the customs offices.
Article 3
After a customs office accepts a declaration of import/export goods, the electronic data and the paper import/export goods declaration
form shall not be modified or revoked. If there is any justifiable reason indeed, it may be modified or revoked upon examination
and approval of the customs. After the import/export goods declaration form is modified or revoked, the paper declaration form shall
abide by the electronic one.
Article 4
The customs offices directly under the General Administration of Customs shall be responsible for the management of the modification
and revocation of import/export goods declaration forms within their respective jurisdiction. The modification and revocation of
import/export goods declaration forms may be handled by the authorized the subordinate customs and offices
Article 5
Where any consignee or consignor of import/export goods or his agent really has any of the following justifiable reasons, he may apply
for modifying or revoking the import/export goods declaration form:
(1)
The content of the declaration form has any error due to the operation or clerical error by the customs clearance agent , and no
act of smuggling or any other violation is suspected;
(2)
After the clearance of export goods, if part or all of original declared goods are shut out or the transport tool for part or all
of the said goods is changed due to the reason of loading, transportation or distribution;
(3)
The declaration data do not conform to the actual goods for the reasons such as the reduced quantity due to the excessive during the
courses of loading, transport and storage, losses and shortage of the import/export goods caused by any force majeure and etc.
(4)
The original declaration data is required to do the modification where the deal is bargained as a temporary price in advance according
to the trade tradition, the actual price in settlement is determined according to the inspection quality , or the payment manner
of the actual price of the international market needed to modify the declaration contents.
(5)
There are errors in the electronic declaration data due to failure of the computer or network system, etc.; or
(6)
Other special circumstances upon examination and approval by the customs office.
Article 6
The declaration form for any import/export goods which the customs office has decided to control and inspect or is involved in any
case shall not be permitted to modify or revoke before the custom formalities completed.
Article 7
Where the consignor/consignee or his agent of any import/export goods applies for modifying or revoking the declaration form of import/export
goods, he shall submit an Application for Modifying/Revoking the Declaration Form of Import/Export Goods (See Annex 1) as well as
the following documents:
(1)
The contract, invoice, packing list and other relevant documents that can prove the actual import/export information;
(2)
The documents issued by the foreign exchange administration, state taxation, inspection and quarantine departments, bank and other
relevant departments; and
(3)
The documents issued by the customs office such as: the customs special payment form for the taxable goods, the prove page of the
import/export goods declaration form for the receipt/payment of foreign exchange and export rebate, and other relevant documents.
Article 8
Where an application for modifying or revoking the declaration form of import/export goods is concurrently with the following circumstances,
the customs office shall deal with the relevant matters in accordance with Articles 9 to11 of the present Measures:
(1)
The application is submitted after the import goods is discharged or after the customs formalities is completed for export goods;
and
(2)
The content to be modified or revoked concerns any of the items – the commodity code, commodity name and specifications, currency
system, unit price, total price, country (region) of origin, final destination country (region), trade mode (supervisory mode) and
dealing mode as indicated in the import/export goods declaration form.
Article 9
For an application needed to examine for modifying or revoking declaration form of the import/export goods, the customs office shall
handle it in the light of the following circumstances respectively:
(1)
If the application materials are completed, the customs office shall issue to the consignee or consignor or his agent a Decision of
Acceptance of the Application for Modifying or Revoking Declaration Form of the Import/Export Goods (See Annex 2). If a decision
of examination can be made on the spot, it shall, under the provisions of Article 11 of the present Measures, make decisive approval
to permit or not to permit modifying or revoking , and it will no longer issue the Decision of Acceptance of the Application for
Modifying or Revoking Declaration Form of the Import/Export Goods;
(2)
If the application materials existed any error and can be corrected on the spot, the customs office shall allow the consignee or
consignor of the import/export goods or his agent to correct it on the pot;
(3)
If the application materials are incomplete or are not in line with the statutory form, the customs office shall inform the consignee
or consignor of the import/export goods or his agent to correct and supplement all items , and shall issue to him a Notification
about the Application for Modifying or Revoking Declaration Form of the Import/Export Goods (See Annex 3); or
(4)
If the applicant is not the consignee or consignor of the import/export goods or his agent, the customs office shall issue to the
applicant a Decision on Rejection of the Application for Modifying or Revoking Declaration Form of the Import/Export Goods.
Article 10
If the customs office decides to accept an application for modifying or revoking the declaration form of import/export goods, it shall
timely examine the application materials. Unless it can make a decision on the spot, it shall make the final decision and complete
the relative operation within 20 days after it accepts the aforesaid application; under the special circumstances, it may extent
the time limit for examination by 10 days.
Article 11
If the customs decides, upon examination, to approve the modification or revocation, it shall issue to the consignee or consignor
of the import/export goods or his agent a Decision of Approval of Modifying or Revoking the Declaration Form of Import/Export Goods
and shall complete relative operation . If the customs decides, upon examination, to disapprove the modification or revocation, it
shall issue to the consignee or consignor of the import/export goods or his agent a Decision on Disapproval of Modifying or Revoking
the Declaration Form of Import/Export Goods (See Annex 6).
Article 12
If an application for modifying or revoking the declaration form of import/export goods is not under any of the circumstances listed
in Article 8 of the present Measures, the customs office shall directly make a decision of approval or disapproval and shall make
the annotation and comments on the Application for Modifying or Revoking Declaration Form of the Import/Export Goods.
If the customs office approves the modification or revocation, it shall timely finish the relative operation. If it disapproves,
it shall timely notify the consignor/consignee of the import/export goods or his agent and explain the reason.
Article 13
If the customs office finds that it is necessary to modify or revoke a declaration form of import/exports goods, but no application
is submitted by the consignor/consignee of the import/export goods or his agent, the customs shall make a notification to the consignor/consignee
of the import/export goods or his agent.
The consignor/consignee of the import/export goods or his agent shall fill out a confirmation Letter of the Modifying or Revoking
the Declaration Form of Import/Export Goods (See Annex 7) and confirm the contents to-be-modified or to-be-revoked to the declaration
form of import/export goods. After its confirmation, the customs shall complete the modification or revocation of the declaration
form of import/export goods.
Article 14
If it is necessary to make alteration or renew the import/export licensing certificate due to the modification or revocation of
the declaration form of import/export goods, the consignor/consignee of the import/export goods or his agent shall submit the corresponding
import/export licensing certificate to the customs.
Article 15
The modification or revocation of the entry/exit list for archival purposes shall implement the present Measures by analogy..
Article 16
If anyone violates the present Measures and constitute the action of smuggling or violating the customs regulatory provisions
the customs office shall punish him according to the Customs Law of the People’s Republic of China, Regulation of the People’s Republic
of China on the Implementation of the Customs Administrative Punishments and other relevant laws and regulations. If any crime is
constituted, he shall be subject to the criminal liabilities.
Article 17
The power to interpret the present Measures shall remain with the General Administration of Customs.
Article 18
The present Measures shall come into force as of February 1, 2006.
Annexes (Omitted)
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