Decree No. 105 of the General Administration of Customs of the People’s Republic of China
No. 105 The Measures of the General Administration of Customs for Cyber-Supervision and Administration of Processing Trade Enterprises, which Mu Xinsheng, Director General June 14, 2006 Measures of the General Administration of Customs for Networked Supervision and Administration of Processing Trade Enterprises Article 1 For the purpose of regulating the customs’ administration of processing trade enterprises, these measures are formulated in accordance Article 2 The customs’ networked Supervision and administration of processing trade enterprises refers to a mode of the customs’ supervision Article 3 A processing trade enterprise conducting networked Supervision and administration (hereinafter referred to as networked-enterprise) 1. To have qualifications for processing trade business; 2. To be registered with the customs; 3. To be a production enterprise. These measures do not apply to the processing trade enterprises within the areas under the customs’ special supervision and administration Article 4 Any processing trade enterprise that needs networked Supervision and administration may submit an application to the authorized customs. Article 5 A networked-enterprise shall conduct its identity attestation for networked Supervision and administration of processing trade before Article 6 A networked-enterprise shall report to the authorized customs the inventory list of materials to be imported, finished products to The authorized customs shall, in light of the needs of supervision and administration and according to the requirements of the name Article 7 A networked-enterprise shall, before the import of the materials and the export of the finished products, go through separately record A networked-enterprise shall go through record and change formalities for per- unit-cost according to relative rules of the General Article 8 The customs shall, according to the materials for record submitted by the networked-enterprise, establish an electronic account and The electronic account book is an electronic account, regarding an enterprise as a unit, established by the customs for a networked-enterprise. The electronic handbook is an electronic account, regarding the processing trade contract as a unit, established by the customs for Article 9 A networked-enterprise shall report the data of the logistics, stock and production control of processing trade commodities and other Article 10 An authorized customs record system is carried out for outward-processing of a networked-enterprise. A processing trade enterprise Article 11 The customs may check the networked-enterprise by data verification and spot check in the factory. The check in the factory includes Article 12 A networked-enterprise may, upon approval by the authorized customs, handle duty repayment for domestic sales monthly. A networked-enterprise Article 13 A networked-enterprise shall pay the interests of delayed payment of duties to the customs in accordance with rules after selling The starting date to pay the interests of delayed payment of duties shall be set according to the following measures: 1. For the enterprise conducting electronic handbook administration, the starting date shall be the date of the import of the first lot 2. For the enterprise conducting electronic account book administration, the starting date shall be the latest date for cancellation The expiry date to pay the interests of delayed payment of duties shall be the date that the customs issues the duty payment book. Article 14 A networked-enterprise shall apply for verification within 30 days from the ending date set by the customs for cancellation after Article 15 A networked-enterprise shall inform the customs before stock-taking. The customs may, integrating with the enterprise’s stock-taking, The customs shall, while integrating the stock-taking to carry out the verification and cancellation, compare the calculation of the 1. If the real stock is more than the calculation of the electronic account, the customs shall adjust current balance of the electronic 2. If the real stock is less than the calculation of the electronic account and the networked-enterprise may give proper reasons, the 3. If the real stock is less than the calculation of the electronic account and the networked-enterprise fails to give proper reasons, Article 16 The customs may ask the networked-enterprise to provide margin or bank’s Letter of Guarantee as form of guarantee if the networked-enterprise 1. The enterprise’s administrative classification is adjusted to a lower grade; 2. The data to the customs according to the facts has not been submitted; 3. Refuse to provide corresponding account book, bills and certificates and data while the customs is carrying out the verification and 4. Do not apply for the verification to the customs within the time limit; 5. Do not establish an account book according to the customs’ request, account management is in chaos or accounts are not in order. Article 17 Whoever violates these measures and commits a crime of smuggling or violates the customs’ rules on supervision and administration Article 18 For the purpose of these measures: “Electronic account” refers to the electronic data base established by the customs for a networked-enterprise according to its application “Special check” refers to the verification carried out by the customs to a networked-enterprise on one or more contents in light of “Stock-taking check” refers to a mode of verification and administration that the customs carries out material objects verification Article 19 The interpretation of the said measures shall be vested in the General Administration of Customs. Article 20 These measures shall be implemented on August 1, 2006. The Measures of the General Administration of Customs for Networked Supervision |
General Administration of Customs
2006-06-14