General Administration of Customs General Administration of Customs Order No.132 The Measures of General Administration of Customs of the People’s Republic of China for Supervising and Controlling Duty-Free Shops Director Mou Xinsheng November 28, 2005 Measures of General Administration of Customs of the People’s Republic of China for Supervising and Controlling Duty-Free Shops and Chapter 1 General Provisions Article1 These Measures are formulated in order to regulate the supervision and control of duty-free shops and goods by the Customs, in accordance Article2 These Measures shall be applicable to the establishment and termination of duty-free shops, import, sales (including supply for free) Article3 Duty-free goods shall be uniformly imported by operation entities of duty-free shops, and undergo relevant Customs procedures. Article4 For spare and accessory parts as well as tools for maintenance of duty-free goods, booths and racks for the said duty-free goods, Article5 A Customs office directly under the GAC of the place where duty-free shops are located or a subordinate Customs authorized by such Article6 The competent Customs may, according to work requirements, dispatch personnel to conduct supervision and control at duty-free shops, Chapter 2 Establishment and Termination of Duty-Free Shops Article7 An operation entity intending to establish duty-free shops shall file a written application to the General Administration of Customs (1) being qualified as an independent legal person; (2) having sales places and supervised warehouses for duty-free goods, which satisfy Customs’ supervision and control requirements; (3) having a computer management system, which satisfies Customs’ supervision and control requirements and can provide the Customs with (4) having a certain scale of business operation. In case of application for establishment of a duty-free shop at a port, there shall (5) having formulated complete articles of association and established complete internal financial management system, all of which cover (6) having met other requirements laid down in relevant laws, administrative rules and regulations, as well as the Customs regulations. Article8 The General Administration of Customs shall, pursuant to the procedures and periods set forth in the Administrative Licensing Law Article9 The establishment of sales places of duty-free goods shall comply with Customs supervision and control requirements. Sales places Article10 The establishment of supervised warehouses for duty-free goods shall satisfy the following conditions and requirements: (1) Having safety separation facilities which meet Customs supervision and control requirements; (2) Establishing a special warehouse management system, preparing monthly statements of warehousing entry, removal and storages, being (3) Only permitting to place duty-free goods of duty-free shops supervised warehouses belong to; and (4) Meeting other conditions and requirements of pertinent State laws, administrative rules and regulations, as well as Customs regulations. Article11 Any duty-free shop which is approved to be set up shall, on month prior to its commencement of business, file an application to the (1) photocopies of approval documents issued by the General Administration of Customs; (2) photocopies of the original and duplicate of the industrial and commercial license; (3) photocopies of the tax registration certificate; (4) floor plans, areas and location plans of business places for duty-free goods and supervised warehouses; (5) dies of special business seals of duty-free shops; and (6) photocopies of identification certificates of legal representatives of duty-free shops. Where photocopies are required, originals shall be also submitted at the same time for examination and verification. Where the aforesaid materials are changed, any duty-free shop shall, within 10 working days form such changes, handle change formalities Article12 If applying to suspend, terminate or restore the business operation of their duty-free shops, operation entities shall report to the In the event that a duty-free shops, which is set up with an approval, fails to begin operation without good reasons within one year Article13 Should names of duty-free shops, addresses or areas of sales places for duty-free goods or of supervised warehouses be changed, operation Chapter 3 Import, Warehousing Entry and Removal, and Allotment of Duty-Free Goods Article14 If importing duty-free goods for duty-free shops, operation entities shall fill a Goods Declaration for Importation of the General Where duty-free goods are imported from other places, operation entities shall, in accordance with relevant provisions of the Measures Article15 After duty-free goods enter supervised warehouses, duty-free shops shall complete a Permit for Entry/Removal of Duty-Free Goods into Without any approval of the Customs, duty-free goods shall not be processed or assembled after entering warehouses. Article16 Duty-free shops shall, before taking duty-free goods from supervised warehouses and letting such goods enter business places for sales, Article17 Where duty-free goods are allocated between/among duty-free shops, duty-free shops which such goods are allocated in shall complete Chapter 4 Sales of Duty-Free Goods Article18 The wordings of “China Duty Not Paid” both in Chinese and English shall be indicated on remarkable positions inside and outside packages Duty-free shops shall prepare sales receipts and delivery orders of duty-free goods according to the Customs requirements, and duty-free Article19 Sales objects of duty-free shops at a port shall be limited to persons who have finished exit formalities and will go out of the territory, Article20 Sales objects of duty-free shops of means of transport shall be limited to entering and exiting personnel taking inward and outward Article21 The sales objects of urban duty-free shops shall be limited to overseas personnel who will leave the territory. Duty-free shops shall Article22 The sales objects of duty-free shops oriented to diplomatic personnel shall be limited to diplomatic representatives and consular Article23 The sales objects of duty-free shops providing vessels shall be limited to vessels of international (regional) voyages leaving the Chapter 5 Loss Reporting, Verification and Writing-off of Duty-Free Goods Article24 Where duty-free goods are over-landed or found short when undergoing warehousing entry procedures, duty-free shops shall timely report Article25 Where duty-free goods are destroyed or lost during the storage or sales period, duty-free shops shall timely report to the competent Where duty-free goods are destroyed or lost during the storage or sales period due to other reasons, duty-free shops shall pay taxes Article26 Should duty-free goods, after being kept for a period longer than their shelf lives, be unable to be used or become deteriorated, Article27 Duty-free shops shall establish special account books, before the 25th day of the first month during each quarter prepare lists on Chapter 6 Legal Liability Article28 If committing any of the following acts, operation entities or duty-free shops shall be ordered by the Customs to make corrections, (1) selling duty-free goods to objects other than those specified herein; (2) selling duty-free goods of classes, in a limited quantity and value more than those approved by the Customs; (3) failing to sell duty-free goods within stipulated territories; (4) failing to deal with formalities regarding import declaration, warehousing entry and removal, sales, verification, writing-off and (5) leasing, assigning or transferring the right to deal with duty-free shops. Article29 Where committing other illegal acts in violation hereof, operation entities or duty-free shops shall be punished by the Customs in Chapter 7 Supplementary Provisions Article30 For the purpose of these Measures, the following terms shall have the meanings ascribed to them as follows: “Operation entities” refer to enterprises which are approved by the State Council or its authorized departments, and are qualified “Duty-free shops” refer to enterprises, which are, with the approval of the General Administration of Customs, set up by operation “Duty-free goods” refer to imported commodities which are tax free transported by operation entities into the territory based on operational “Sales places of duty-free goods” refer to special places used by duty-free shops to sell duty-free goods. “Supervised warehouses of duty-free goods” refer to warehouses specially used by duty-free shops to store duty-free goods. Article31 The General Administration of Customs shall be responsible for the interpretation of these Measures. Article32 These Measures shall com into effect as of January 1, 2006. 1. Permit for Entry/Removal of Duty-Free Goods into and out of Supervised Warehouses 2. Permit for Allotment of Duty-Free Goods 3. Sales Details of Duty-Free Goods 4. Permit for Vessel Supply of Duty-Free Goods 5. Permit for Loss Reporting of Duty-Free Goods 6. Detailed Account of Duty-Free Goods 7. Inventory Quantity of Duty-Free Goods 8. List of Abolished Documents |
General Administration of Customs
2005-11-28