The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No. 7
The Administrative License Law of the People’s Republic of China has been adopted at the 4th session of the Standing Committee of
the 10th National People’s Congress of the People’s Republic of China on August 27, 2003. It is hereby promulgated and shall come
into force as of July 1, 2004.
Hu Jingtao, President of the People’s Republic of China
August 27, 2003
Administrative License Law of the People’s Republic of China ContentsChapter I General Provisions
Chapter II Establishment of an Administrative License
Chapter III Executive Organ for Administrative License
Chapter IV Procedures for Administrative License
Section 1 Application and Acceptance
Section 2 Examination and Decision
Section 3 Time Limit
Section 4 Hearing
Section 5 Modification and Extension
Section 6 Special Provisions
Chapter V Expenses of Administrative License
Chapter VI Supervision and Check
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
In order to regulate the establishment and implementation of administrative licenses, to protect the legitimate rights and interests
of citizens, legal persons and other organizations, to safeguard public interests and social order, to ensure and supervise the effective
implementation of administrative management, the Law is formulated in accordance with the Constitution.
Article 2
The term “administrative licenses” as mentioned in the Law refers to the acts that the administrative organs permit, upon examination
according to law, the citizens, legal persons or other organization to engage in special activities according to their applications.
Article 3
The Law shall be applicable to the establishment and implementation of administrative licenses.
The Law shall not be applicable to the examination and approval of such matters as personnel, finance and foreign affairs of relevant
administrative organs to other organs or public institutions directly under their administration.
Article 4
The establishment and implementation of an administrative license shall tally with legal authority, scope, conditions and procedures.
Article 5
The principle of publicity, fairness and impartiality shall be abided by in the establishment and implementation of an administrative
license.
The relevant regulations on an administrative license shall be announced to the public; those undisclosed shall not be the basis for
the implementation of the administrative license. The implementation of the administrative license and the results thereof, except
for those that concern the state secrets, commercial secrets or individual privacy, shall be disclosed.
The applicants who meet the legal conditions and standards are enpost_titled to obtain the equal right under an administrative license,
the administrative organs shall not discriminate against any of them.
Article 6
In the implementation of administrative license, the principle of facilitating people shall be abided by so as to enhance the efficiency
and to render quality services.
Article 7
With regard to an administrative organ’s implementation of an administrative license, the citizens, legal person or other institutions
shall be enpost_titled to make statements, to defend themselves, to apply for administrative reconsideration or to file an administrative
lawsuit in accordance with the law. Where any of their legal rights and interests is impaired because of the administrative organs’
unlawful implementation of the administrative license, it shall be enpost_titled to demand compensation in accordance with the law.
Article 8
The administrative license obtained by a citizen, a legal person or any of other organizations in accordance with the law shall be
protected by law. The administrative organs shall not change an effective administrative license without permission.
Where any of the laws, regulations and rules that the administrative license is based on is amended or abolished, or the objective
circumstances that the administrative license rests on change greatly, in order to meet the demand of public interests, the administrative
organ may modify or withdraw the effective administrative license. The damages caused to the properties of citizens, legal person
or other institutions accordingly shall be compensated for by the administrative organ in accordance with the law.
Article 9
An administrative license obtained in accordance with the law shall not be transferred except for those that may be transferred in
light of the legal conditions and procedures of the laws and regulations.
Article 10
The people’s governments above the county level shall establish and perfect the supervisory system for the administrative licenses
implemented by administrative organs, shall strengthen the supervision and examination over the administrative licenses implemented
by administrative organs.
The administrative organs shall effectively supervise the activities of the citizens, legal persons or other institutions concerning
the matters under administrative license.
Chapter II The Establishment of an Administrative License
Article 11
The establishment of an administrative license shall be in line with the rule of economic and social development, shall be propitious
to the full play of the enthusiasm and initiative of the citizens, legal persons or other institutions, safeguard the public interests
and social order, promote the harmonious development of the economy, society and ecological environment.
Article 12
An administrative license may be established for any of the following matters:
(1)
The special activities that directly bear on the state security, public security, macro-economic control, ecological environment protection,
and those directly relate to the human health, safety of life and property, which shall be approved according to the legal requirements;
(2)
The development and utilization of the limited natural resources, allocation of public resources and the market entry of the special
trades that directly concern public interests, which shall be enpost_titled with special rights;
(3)
The vocations and trades that provide public services and directly relate to the public interests, which need qualification of special
credit, conditions or skills;
(4)
The important equipment, facilities, products, articles that directly concern public security, human health, the safety of life and
property, which shall be examined and approved by means of inspection, testing, and quarantine according to the technical standards
or criterions;
(5)
The establishment of the enterprises or other institutions, which need to determine the subject qualification;
(6)
Other matters, for which administrative licenses may be established in accordance with the laws and regulations.
Article 13
For the matters listed in Article 12 of the Law, which may be regulated through the following methods, the administrative licenses
aren’t required to be established:
(1)
Those can be decided by the citizens, legal person or other institutions themselves;
(2)
Those can be effectively regulated by the market competition mechanism;
(3)
Those may be subject to the self-discipline management of the trade organizations or intermediary institutions;
(4)
The matters that can be solved by the administrative organs by means of supervision afterwards or through other administrative methods.
Article 14
As to the matters listed in Article 12 of the Law, administrative licenses may be established by means of law. Where there is no
governing law, administrative licenses may be established by means of administrative regulations.
Where necessary, the State Council may adopt the form of releasing decisions to establish administrative licenses. After implementation,
except for the matters under temporary administrative licenses, the State Council shall timely propose to the National People’s Congress
and its Standing Committee to formulate laws, or formulate administrative regulations by itself.
Article 15
If there is no governing law or administrative regulation yet, an administrative license may be established by means of local regulations
for any of the matters listed in Article 12 of the Law; if there is no governing law, administrative regulation and local regulation
yet, but it is really necessary to establish an administrative license to conduct administrative management immediately, an temporary
administrative license may be established by means of a regulation of the people’s government of a province, autonomous region or
municipality directly under the Central Government. If it is necessary to keep on implementing the administrative license after a
year, the people’s congress and its standing committee of the same level shall be proposed to formulate a local regulation.
No local regulation or government rule of the provinces, autonomous regions and municipalities directly under the Central Government
may establish any administrative license for the qualifications of the citizens, legal persons or other institutions that shall be
determined by the state; no administrative license and pre-administrative license may be established for the establishment and registration
of enterprises or other institutions. The administrative licenses established thereby shall not hinder the individuals or enterprises
of other regions from dealing in production and business and providing services in one region, shall not restrict the commodities
of other regions from entering into the market of the local region.
Article 16
An administrative regulation may have specific requirements for the implementation of an administrative license within the scope of
the matters prescribed by a statutory administrative license.
A local regulation may, within the scope of the matters of administrative license established by the laws and administrative regulations,
make specific requirements for the implementation of the administrative license.
The regulation may make specific requirements for the implementation of the administrative license within the scope of the matters
established by the upper law.
The regulations and rules shall not make specific requirements for the implementation of the administrative license set down by the
upper law, shall not increase administrative license; for the specific conditions of administrative license, they shall not establish
any other condition in violation of the upper law.
Article 17
Except for Articles 14 and 15 of the Law, no administrative license shall be set in any other regulatory document.
Article 18
In the establishment of an administrative license, the implementing organ, conditions, procedures and time limit shall be specified.
Article 19
Where an administrative license is to be established by means of drafting a law, a regulation or a regulation of the people’s government
of a province, autonomous region or municipality directly under the Central Government, the drafting entity shall consult the opinions
through hearing and argumentation, etc., and shall give explanations to the law (regulation) making organ about the necessity to
establish the administrative license, the potential effects on the economy and society and the opinions heard and adopted.
Article 20
The establishment organ of the administrative license shall periodically evaluate the administrative license it set. If it considers
that an already established administrative license can be solved through any of the methods listed in Article 13 of the Law, it
shall modify the requirements for the establishment of the administrative license or abolish it in time.
The executive organ of an administrative license shall evaluate the information of the implementation of the administrative license
and necessity of its existence, and shall report the relevant opinions to the establishing organ of the administrative license.
The citizens, legal person or other institutions may put forward opinions and suggestions to the establishment organ and executive
organ about the establishment and implementation of the administrative license.
Article 21
Where any of the people’s governments of the people’s governments of the provinces, autonomous regions and municipalities directly
under the Central Government considers an administrative license on economic affairs, which is established by means of administrative
regulation, can be solved through any of the methods listed in Article 13 of the Law according to the economic and social development
of this administrative area, it may stop implementing the administrative license within the administrative area upon reporting to
and obtaining the approval of the State Council.
Chapter III Executive Organ for Administrative License
Article 22
An administrative license shall be implemented by the empowered administrative organ within its statutory functions.
Article 23
The organization with a function of managing public affairs under the authorization of a law or regulation shall, within the authorized
scope, implement the administrative license in its own name. The provisions concerning the administrative organ in the Law shall
be applicable to the empowered organizations.
Article 24
An administrative organ may, within its statutory functions, authorize other administrative organs to implement the administrative
license in light of the laws, regulations and rules. The authorizing organ shall announce to the public the authorized administrative
organs and the authorized particulars of the administrative license.
The authorizing administrative organ shall be responsible for supervising the implementation of the administrative license by the
authorized administrative organs, and shall bear the legal liabilities for the consequences of implementation.
An authorized administrative organ shall, within the authorized scope, implement the administrative license in the name of the authorizing
administrative organ; it shall not authorize any other organization or individual to implement the administrative license.
Article 25
Upon approval of the State Council, the people’s governments of the provinces, autonomous regions and municipalities may decide one
administrative organ to exercise the power of administrative license of the relevant administrative organs according to the principle
of simplification, unification and efficiency.
Article 26
Where it is necessary to handle the administrative license through several interior institutions of the administrative organ, this
administrative organ shall determine one institution to accept all the applications for the administrative license and serve all
the decisions about the administrative license.
Where the administrative license is implemented separately by at least two departments of the local people’s government in accordance
with the law, the people’s government of the same level shall determine one department to accept the applications for administrative
license and inform the relevant departments of them, and handle these applications after the relevant departments have put forward
their own opinions, organize the relevant departments to handle the applications jointly and intensively.
Article 27
When implementing the administrative license, the administrative organ may not require any applicant to buy the designated commodities
and to accept paid services or have other unreasonable requests.
In handling an administrative license, the functionaries of the administrative organ may not exert any property from or accept any
property of the applicants, neither may they seek for any other interests.
Article 28
The inspection, testing, and quarantine of the important equipment, facilities, products, articles that directly concern public security,
human health, the safety of life and property shall be gradually organized and implemented by the professional technical organizations
that meet the statutory requirements. The professional technical organizations and the functionaries shall bear the legal liabilities
for the conclusions they reach.
Chapter IV Procedures for the Administrative License
Section 1 Application and Acceptance
Article 29
Where a citizen, legal person or any of other institutions has to obtain an administrative license prior to dealing in a special activity,
it shall file an application with the administrative organ. Where a standard application is required, the administrative organ shall
provide the applicants with standard administrative license application. The application shall not contain any content that has no
direct relationship with the licensing matters applied for.
An applicant may entrust an agent to file the application for administrative license, however, with the exception that the applicant
shall file the application for administrative license in the office of the administrative organ.
An application for administrative license may be filed by means of letter, telegraph, telex, fax, electronic data interchange and
email.
Article 30
An administrative organ shall display the licensing matters, basis, conditions, quantity, procedures and time limit as provided for
in the laws, regulations and rules, the catalogue of the complete set of materials that shall be submitted and the exemplary application
in its office place.
Where an applicant asks the administrative organ to account for or to give explanations about the displayed contents, the administrative
organ shall do so to provide exact and liable information for it.
Article 31
When applying for administrative license, an applicant shall faithfully submit relevant materials to the administrative organ, report
the actual information, and shall be liable for the authenticity of the substantial contents of the application materials. The administrative
organ may not ask the applicant to submit technical materials and other materials that have nothing to do with the matters under
the administrative license
Article 32
The administrative organ shall handle the applications for administrative license differently according to the following circumstances:
(1)
For the matter applied for that are not subject to administrative license in accordance with the law, it shall inform the applicant
of the rejection immediately;
(2)
If the matter applied for isn’t within the functions of the administrative organ, it shall make a decision of rejection immediately
and shall inform the applicant to file an application for it with the relevant administrative organ;
(3)
Where the errors in the application materials can be corrected on the spot, the applicant shall be permitted to correct them on the
spot;
(4)
Where the application materials are incomplete or inconsistent with the statutory form, it shall inform the applicant on the spot
or inform it of all the items that need to be supplemented or corrected within 5 days; if it fails to do so within the time limit,
the day when the application materials are accepted shall be considered as the acceptance day;
(5)
Where the matter applied for falls within the functions of the administrative organ and application materials are complete and in
consistency with the statutory form, or the applicant has supplemented and corrected all the items as required, the application for
administrative license shall be accepted.
When accepting or rejecting an application for administrative license, the administrative organ shall issue a written proof with the
special seal of the administrative organ and the clear indication of date.
Article 33
An administrative organ shall establish and perfect the relevant systems, shall promote electronic administration by government, shall
announce matters under administrative license on the website of the administrative organ, facilitate the applicants to file for administrative
license by means of data messages. It shall share the information concerning the administrative license with other administrative
organs so as to increase efficiency.
Section 2 Examination and Decision
Article 34
Administrative organs shall examine the application materials submitted by the applicants.
Where the application materials are complete and tally with the statutory form, the administrative shall make a written decision about
the administrative license on the spot if it is able to do so.
Where it is necessary to further verify the substantial contents of the applications in accordance with the statutory conditions and
procedures, the administrative organ shall designate at least 2 personnel to conduct verifications.
Article 35
In accordance with law, where an administrative license is subject to the examination of the lower administrative organ before it
is reported and submitted to the upper administrative organ for decision, the lower administrative organ shall directly submit the
preliminary examination opinions and the complete set of application materials to the upper administrative organ within the statutory
time limit. The upper administrative organ shall not require the applicant to provide the application materials again.
Article 36
When examining the applications for administrative license, if the administrative organ finds that any party has important direct
interests to the matters under the administrative license, it shall inform the interested party. The applicant and the interested
party shall be enpost_titled to make a statement and defense. The administrative organ shall listen to the opinions of the applicant and
the interested party.
Article 37
After the administrative organ has examined the application for administrative license, it shall make a decision about the administrative
license in light of the prescribed procedures within the statutory time limit, unless the decision on the administrative license
shall be made on the spot.
Article 38
Where an applicant meets the statutory requirements and standards, the administrative organ shall make a written decision about the
approval of the administrative license.
Where the administrative organ makes a decision about the disapproval of the administrative license in accordance with the law, it
shall give explanations to and inform the applicant that it is enpost_titled to apply for administrative reconsideration or to file an
administrative lawsuit.
Article 39
For an administrative organ that makes a decision about the approval of the administrative license, it shall issue one of the following
certificates for administrative license with the seal of this administrative organ:
(1)
Permit, license or other kinds of licensing certificates;
(2)
Qualification certificate or other qualification certificates;
(3)
Documents of approval of the administrative organ or evidential documents;
(4)
Other certificates for administrative license as provided for in the laws and regulations.
Where an administrative organ conducts inspection, testing, or quarantine, it may stamp a label on or affix a seal of inspection,
testing or quarantine to the qualified equipment, facilities, products and articles.
Article 40
Administrative organs shall give publicity to the decisions about the approval of the administrative license, which the general public
are enpost_titled to consult.
Article 41
For an administrative license set down by laws and regulations, if there is no regional limit on its application scope, the administrative
license obtained by an applicant shall be of nationwide validity.
Section 3 Time Limit
Article 42
An administrative organ shall make a decision on the administrative license within 20 days from the day when it accepts such an application
unless it can make a decision on the spot. If it can’t make a decision within 20 days, it may extend for 10 days upon the approval
of the person in charge of this administrative organ, and shall give explanations about the extension to the applicant. However,
if it is otherwise provided for in any law and regulation, the latter shall prevail.
In accordance with Article 26 of the Law, where an administrative license is handled uniformly or jointly or collectively, the period
shall not exceed 45 days; if it cannot be completed within 45 days, it may, upon the approval of the people’s government of the same
level, be extended for 15 days, and the applicant shall be notified of the reason for extension.
Article 43
For an administrative license that is subject to the examination of a lower administrative organ before it is reported and submitted
to an upper administrative organ, the lower administrative organ shall complete the examination within 20 days from the day when
the application for administrative license is accepted. But, if it is otherwise provided for in the laws and regulations, the latter
shall prevail.
Article 44
If an administrative organ makes a decision of administrative license, it shall issue and serve the applicant the certificate of administrative
license, or stamp a label, affix a seal of inspection, testing or quarantine, within 10 days from the day when such a decision is
made.
Article 45
In accordance with the law, where an administrative organ needs hearing, bid invitation, auction, inspection, testing, quarantine
or expert evaluation, the required time shall not be included in the time limit specified in this Section.
Section 4 Hearing
Article 46
For a hearing as provided for the implementation of administrative license in any law, regulation or rule, or for any other licensing
matters of great importance to the public interests that the administrative organ considers it necessary to hold a hearing, the administrative
organ shall announce it to the public and hold a hearing.
Article 47
Where an administrative license is of direct significance to the interests of the applicant or others, before the administrative organ
makes a decision about the administrative license, it shall inform the applicant or the interested party of the right to request
for a hearing. Where the applicant or interested party applies for a hearing within 5 days from the day when it is informed of such
right, the administrative organ shall organize a hearing within 20 days.
The applicant and interested party shall not pay for the expenses arising from the administrative organ’s organization of the hearing.
Article 48
The hearing shall proceed according to the following procedures:
(1)
The administrative organ shall notify the applicant and interested party of the time and place of the hearing 7 days before it is
held, and shall announce it to the public where necessary;
(2)
The hearing shall be held openly;
(3)
The administrative organ shall designate a person to host the hearing, the person shall not be from the persons who are responsible
for the examination of the application for administrative license, where the applicant or interested party considers that the host
or hostess of the hearing is of direct interest to the matters under administrative license, it shall be enpost_titled to apply for withdrawal;
(4)
While holding a hearing, the persons who are responsible for the examination of an application for administrative license shall provide
proofs, reasons for the examination opinions, the applicant and the interested party may produce evidence, defend and conduct cross-examinations;
(5)
Transcripts shall be made for a hearing. The attendees of the hearing shall sign their names on or affix their seals to the transcripts
after they have confirmed them as inerrant.
The administrative organ shall make a decision on the administrative license according to the transcripts of the hearing.
Section 5 Modification and Extension
Article 49
Where a licensee requests for modifying the matters under administrative license, it shall file an application to the administrative
organ that made the decision about the administrative license. If it meets the statutory conditions and standards, the administrative
organ shall handle the modification procedures in accordance with the law.
Article 50
Where a licensee needs to extend the valid period of an administrative license it obtained in accordance with the law, it shall file
an application with the administrative organ that made the decision about the administrative license 30 days prior to the expiry
of the valid period of this administrative license. But, if it is otherwise provided for in the laws, regulations and rules, the
latter shall prevail.
An administrative organ shall decide whether to approve the extension prior to the expiry of the valid period of this administrative
license; if it fails to make a decision within the time limit, it shall be deemed that the extension has been approved.
Section 6 Special Provisions
Article 51
The implementing procedures for the administrative license shall be governed by the pertinent provisions in this Section, if there
are any; if it isn’t provided for in this section, they shall be governed by other relevant provisions in this Chapter.
Article 52
The procedures for the State Council to implement an administrative license shall be governed by the relevant laws and administrative
regulations.
Article 53
When implementing the licensing matters listed in Article 12 (2) of the Law, the administrative organ shall make a decision by adopting
fair competitive methods, such as bid invitation and auction, etc, but if it is otherwise provided for in the laws, administrative
regulations, the latter shall prevail.
The specific procedures for the administrative organ to decide an administrative license by means of bid invitation and auction shall
be in line with the relevant laws and administrative regulations.
After the administrative organ has determined the bid winner or buyer according to the bid or auction procedures, in accordance with
the law, it shall issue a certificate for the administrative license to the bid winner or buyer.
Where an administrative organ fails to adopt the forms of bid invitation and auction in violation of the Law, or violates the procedures
for bid invitation or auction, impairing the legitimate rights and interests of the applicant, the applicant may apply for administrative
reconsideration or file an administrative lawsuit according to law.
Article 54
When implementing the licensing matters listed in Article 12 (3) of the Law, namely, holding a national examinations for the purpose
of granting the citizens any special qualification in accordance with the law, the administrative organ shall make decisions about
the administrative license according to applicants’ examination marks and other statutory requirements; when granting a special qualification
to the legal persons or other organizations, the administrative organ shall make decisions about the administrative license according
to the evaluation results in the aspects of the structure of professionals of the applicants, technical conditions, business performance
and management level. But, if it is otherwise provided for in the laws and regulations, t
The State Administration of Foreign Exchange, the General Administration of Customs
Circular of the State Administration of Foreign Exchange and the General Administration of Customs on Printing and Distributing the
Interim Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering or Exiting the Territory
HuiFa[2003] No.102
August 28, 2003
The branches and offices under the State Administration of Foreign Exchange in all provinces, autonomous regions and municipalities
directly under the Central Government, the branches of Shenzhen, Dalian, Qingdao, Xiamen and Ningbo; Guangdong Branch Administration
of Customs, Tianjin and Shanghai Special Dispatched Offices, all customs and educational institutions directly subordinate to the
General Administration of Customs; and all designated foreign exchange banks:
In order to facilitate the foreign-related contacts of those who enter or exit the territory, regulate the acts of carrying foreign
currency cash to enter or exit the territory of the persons concerned, crack down the illegal and criminal acts of money laundering,
smuggling of currencies and evasion of foreign exchanges, etc., the State Administration of Foreign Exchange and the General Administration
of Customs have jointly formulated the Interim Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering
or Exiting the Territory, which are hereby printed and distributed to you for your compliance and implementation, and a notice is
given as follows regarding the relevant issues:
I.
The “Permit for Carrying Foreign Exchanges to Exit the Territory” (hereinafter referred to as the “Permit for Carrying Foreign Exchanges”),
which was put into use on August 1, 1999, shall be continually used, and shall be uniformly printed and produced by the State Administration
of Foreign Exchange. Each designated foreign exchange bank shall obtain the said permit in the branch or sub-branch bureau of the
State Administration of Foreign Exchange at its locality (hereinafter referred to as the foreign exchange bureau).
II.
A person exiting the territory may carry foreign currency cash with him, and may also carry foreign currencies out of the territory
in accordance with the provisions of the State on financial administration by means of remitting the foreign currencies out through
the bank or carrying the drafts, travel checks, and the international credit cards, etc.
If a person exiting the territory carries foreign currency cash of not more than the amount equal to 5,000 USD, he does not need to
apply for the “Permit for Carrying Foreign Exchanges”, and he shall be released by the customs; if a person exiting the territory
carries foreign currency cash of more than the amount equal to 5,000 USD but not more than 10,000 USD, he shall apply to the designated
foreign exchange bank for the “Permit for Carrying Foreign Exchanges”, and the customs shall inspect and release him upon checking
the “Permit for Carrying Foreign Exchanges” affixed with the seal of the designated foreign exchange bank; a person exiting the territory
shall not, in principle, carry foreign currency cash of more than the amount equal to 10,000 USD. Under any of the following particular
circumstances, he may apply to the foreign exchange bureau for the “Permit for Carrying Foreign Exchanges”:
1.
He is in a group exiting the territory composed of a large number of persons.
2.
He is in a scientific inspection group exiting the territory for a long time or for a long trip.
3.
He is a government leader visiting a foreign country.
4.
He is leaving for a country in war, a country with strict foreign exchange control policies, or a country with bad financial conditions
or in financial turmoil.
5.
Other particular circumstances.
III.
In consideration of the incorporation of foreign currency pay orders and foreign currency negotiable securities into the banking management
system, the specific administrative measures shall be separately formulated, and the persons entering and exiting the territory who
carry the above said documents and securities shall no longer be subject to the administration of the customs.
IV.
The State Administration of Foreign Exchange and the customs at all levels shall arrange for the education and trainings on the Interim
Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering or Exiting the Territory, and make an extensive
propaganda through various news media for the implementation thereof. After receiving the Circular, all branch bureaus of the State
Administration of Foreign Exchange shall transmit it as soon as possible to the sub-branch bureaus, designated foreign exchange banks
and relevant entities under their respective jurisdiction; the designated foreign exchange banks shall transmit it as soon as possible
to the branches and sub-branches under their respective jurisdiction; and all customs directly under the General Administration of
Customs shall transmit it as soon as possible to the customs under their respective jurisdiction. In case of any question in the
implementation, please timely inform it to the Department of Current Account Administration under the State Administration of Foreign
Exchange or the Supervision Department under the General Administration of Customs.
Attachment: Interim Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering or Exiting the Territory
Attachment:Interim Measures for the Administration of Carrying Foreign Currency Cash for Persons Entering or Exiting the Territory
Article 1
The Measures are hereby formulated in accordance with the Customs Law of the People’s Republic of China and the Regulation of the
People’s Republic of China on the Administration of Foreign Exchanges to facilitate the foreign-related contacts of those who enter
or exit the territory, and regulate the acts of carrying foreign currency cash to enter or exit the territory of the persons concerned.
Article 2
Meanings of the following terms in the Measures are as follows:
“Foreign currency” means a convertible currency exchanged by a Chinese domestic bank by quotation (see Attachment 1);
“Cash” means a paper and coin foreign currency;
“Bank” means a Chinese-funded bank or foreign-funded bank or its branch, which is approved or recorded by the People’s Bank of China
to engage in the business of settlement and sale of foreign exchanges or the business of conversion or savings of foreign currencies;
“Person exiting or entering the territory” means a resident individual or non-resident individual who exits or enters the territory;
“Multiple returns on the same day” mean a person exits or enters the territory for more than one time within one day;
“Multiple returns within a short period” mean a person exits or enters the territory for more than one time within 15 days.
Article 3
If the foreign currency cash carried by a person entering the territory exceed the amount equal to 5,000 USD, he shall declare to
the customs in writing, except for multiple returns on the same day or multiple returns within a short period.
Article 4
If the foreign currency cash carried by a person exiting the territory does not exceed the amount of foreign currency cash declared
at his latest entry, the person need not apply for the “Permit for Carrying Foreign Exchanges to Exit the Territory” (hereinafter
referred to as the “Permit for Carrying Foreign Exchanges”, see Attachment 2), and the customs may inspect and release him on the
basis of the records on the amount declared at his latest entry.
Article 5
If a person exiting the territory carries foreign currency cash for which there is no record or whose amount exceeds the recorded
amount of the declared foreign currency cash at his latest entry, he shall be inspected and released in accordance with the following
provisions:
1.
If the amount carried by a person exiting the territory is not more than the amount equal to 5,000 USD, he need not apply for the
“Permit for Carrying Foreign Exchanges”, and the customs may release him, except for multiple returns on the same day or multiple
returns within a short period.
2.
If the amount carried by a person exiting the territory is more than the amount equal to 5,000 USD but not more than 10,000 USD, the
person shall apply to the bank for the “Permit for Carrying Foreign Exchanges”. When he exits the territory, the customs shall inspect
and release him if he presents the “Permit for Carrying Foreign Exchanges” affixed with a seal of the bank. If more than one such
permit are used, and the total amount in the Permits for Carrying Foreign Exchanges affixed with seals of the bank exceeds the amount
equal to 10,000 USD, the customs shall not release him.
3.
If the amount carried by a person exiting the territory is more than the amount equal to 10,000 USD, he shall apply to the branch
or sub-branch bureau of the State Administration of Foreign Exchange (hereinafter referred to as the foreign exchange bureau) at
the locality of his deposit bank or exchange-selling bank for the “Permit for Carrying Foreign Exchanges”, and the customs shall
inspect and release him upon the “Permit for Carrying Foreign Exchanges” affixed with the seal of the foreign exchange bureau.
Article 6
A person entering or exiting the territory with “multiple returns on the same day” or with “multiple returns within a short period”
who carries foreign currency shall be inspected and released in accordance with the following provisions:
1.
A person entering or exiting the territory with multiple returns on the same day must declare to the customs in writing the foreign
currency cash he carries into the territory. When he exits the territory, the customs shall inspect the foreign currency cash and
release him according to the records on the amount declared at his latest entry. If there is no record of the foreign currency cash
or the amount exceeds the recorded amount declared at his latest entry, he may carry the foreign currency cash of not more than the
amount equal to 5,000 USD when he exits the territory for the first time on the very day, and need not apply for the “Permit for
Carrying Foreign Exchanges”, and the customs may release him. However, if the amount of foreign currency cash carried out of the
territory is more than the amount equal to 5,000 USD, the customs shall not release him. When the person exits the territory for
the second time or more on the very day, he may carry foreign currency cash of not more than the amount equal to 500 USD, and need
not apply for the “Permit for Carrying Foreign Exchanges”, the customs may release him. However, if the amount of foreign currency
cash carried out of the territory is more than the amount equal to 500 USD, the customs shall not release him.
2.
A person entering or exiting the territory with multiple returns within a short period must declare to the customs in writing the
foreign currency cash he carries into the territory. When he exits the territory, the customs shall inspect and release him according
to the records on the amount declared at his latest entry. If the foreign currency cash for which there is no record or whose amount
exceeds the recorded amount declared at his latest entry, he may carry foreign currency cash of not more than the amount equal to
5,000 USD when he exits the territory for the first time within 15 days, and need not apply for the “Permit for Carrying Foreign
Exchanges”, the customs may release him. However, if the amount of foreign currency cash carried out of territory is more than the
amount equal to 5,000 USD, the customs shall not release him. When the person exits the territory for the second time or more within
15 days, he may carry foreign currency cash of not more than the amount equal to 1,000 USD, and need not apply for the “Permit for
Carrying Foreign Exchanges”, the customs may release him. However, if the amount of foreign currency cash carried out of the territory
is more than the amount equal to 1,000 USD, the customs shall not release him.
Article 7
A person exiting the territory may carry foreign currency cash with him, and may also carry foreign currencies out of the territory
in accordance with the provisions by means of remitting the foreign currencies out through the bank or carrying drafts, travel checks,
and international credit cards, etc., provided that he may not carry foreign currency cash of more than the amount equal to 10,000
USD out of the territory in principle. If due to a particular circumstance, he indeed needs to carry foreign currency cash of more
the amount equal to 10,000 USD out of the territory, he shall apply to the foreign exchange bureau at the locality of his deposit
bank or exchange-selling bank for the “Permit for Carrying Foreign Exchanges”.
Article 8
A person exiting the territory who applies to the bank for the “Permit for Carrying Foreign Exchanges” shall, if carrying the foreign
currency cash drawn from the foreign exchange deposit account of his own or of his lineal relative, bring the passport, the Permit
To and From Hong Kong and Macao, or the Permit To and From Taiwan, and the valid visa or permission stamp, as well as the proof of
deposits to apply to the deposit bank; if he carries foreign currency cash out of the territory after purchasing the foreign exchanges,
he shall bring the prescribed documents on purchasing foreign exchange to apply to the exchange-selling bank.
A bank shall, after verifying the documents provided by the person exiting the territory as inerrable, check and issue the “Permit
for Carrying Foreign Exchanges” to him, and preserve the photocopies of the above documents for 5 years for future references.
Article 9
A bank shall not check and issue the “Permit for Carrying Foreign Exchanges” to a person exiting the territory with the amount exceeding
that in the proof of deposits in itself or that of purchased foreign exchanges. The amount of each “Permit for Carrying Foreign Exchanges”
checked and issued by the bank shall not exceed the amount equal to 10,000 USD, but may be lower than 5,000 USD.
Article 10
If a person exiting the territory applies to the foreign exchange bureau for the “Permit for Carrying Foreign Exchanges”, he shall
bring the written application, the passport, the Permit To and From Hong Kong and Macao, or the Permit To and From Taiwan, and the
valid visa or permission stamp, the proof of bank deposits, as well as the documents proving that he indeed needs to carry foreign
currency cash of more than the amount equal to 10,000 USD out of the territory, to apply to the foreign exchange bureau at the locality
of his deposit bank or exchange-selling bank.
The foreign exchange bureau shall, after verifying the documents submitted by the person exiting the territory as inerrable, issue
the “Permit for Carrying Foreign Exchanges” to him if he is qualified for the conditions, and preserve the photocopies of the written
application and other documents for 5 years for future references.
Article 11
The “Permit for Carrying Foreign Exchanges” shall be affixed with the “Approval Seal of the State Administration of Foreign Exchange
for Carrying Foreign Exchanges out of the Territory” or the “Special Seal of the Bank for Carrying Foreign Exchanges out of the Territory”,
and be valid for once within 30 days as of its issuance.
Article 12
The “Permit for Carrying Foreign Exchanges” shall be in three sheets. If the original “Permit for Carrying Foreign Exchanges” was
issued by the bank, the first sheet shall be delivered by the carrier to the customs for inspection and preservation, the second
sheet shall be delivered by the issuing bank by month to the local foreign exchange bureau for preservation, and the third sheet
shall be preserved by the issuing bank. If the original “Permit for Carrying Foreign Exchanges” was issued by the foreign exchange
bureau, the first sheet be delivered by the carrier to the customs for inspection and preservation, while the second and the third
sheets shall be preserved by the issuing foreign exchange bureau.
Article 13
If a person exiting the territory loses the “Permit for Carrying Foreign Exchanges”, and the original “Permit for Carrying Foreign
Exchanges” was issued by the bank, he shall, before exiting the territory, bring the documents prescribed in Article 8 to the original
issuing bank to file a reapplication, and the original issuing bank shall, after verifying the documents provided by him and the
originally preserved documents as inerrable, issue to him the “Proof on Reapplication” (see Attachment 3). The person entering or
exiting the territory shall re-apply for the “Permit for Carrying Foreign Exchanges” in the foreign exchange bureau at the locality
of the bank with the “Proof on Reapplication” issued by the bank, or in the bank with the approval document of the foreign exchange
bureau, while the bank shall add the word of “Reissued” in the reissued “Permit for Carrying Foreign Exchanges”; if the original
“Permit for Carrying Foreign Exchanges” was issued by the foreign exchange bureau, the said person shall, before exiting the territory,
bring the reapplication and the documents prescribed in Article 10 to apply to the original issuing foreign exchange bureau, and
the foreign exchange bureau shall, after verifying the documents provided by him and the originally preserved documents as inerrable,
reissue the “Permit for Carrying Foreign Exchanges” to him, and add the word of “Reissued” in the reissued “Permit for Carrying Foreign
Exchanges”. No foreign exchange bureau or bank is permitted to reissue the “Permit for Carrying Foreign Exchanges” to a person who
has left the territory.
Article 14
A bank shall, within 5 days at the end of each month, submit the information of the last month on issuing the “Permit for Carrying
Foreign Exchanges” (see Attachment 4) to the foreign exchange bureau at its locality through the “Statistical Table on Carrying Foreign
Currency Cash to Exit the Territory”.
Article 15
Each foreign exchange bureau shall collect the information within its jurisdiction on the issuance by foreign exchange bureaus and
banks of the “Permit for Carrying Foreign Exchanges”, and submit such information to the State Administration of Foreign Exchange
by “Statistical Table on Carrying Foreign Currency Cash to Exit the Territory” within 10 days at the end of each month.
Article 16
A bank shall, strictly in accordance with the Measures, check and issue the “Permit for Carrying Foreign Exchanges” to the persons
entering or exiting the territory. Any bank violating the Measures shall be imposed upon the punishments of warning, circularized
criticism, fine and cancellation of the “Permit for Carrying Foreign Exchanges” by the foreign exchange bureau.
Article 17
If a person entering or exiting the territory carries foreign currency cash in violation of the Measures, he shall be punished by
the customs in accordance with the relevant provisions.
Article 18
If a person entering or exiting the territory carries such foreign currency pay orders as drafts, travel checks, international credit
cards, bank deposits, and postal savings deposits, etc. or such foreign currency negotiable securities as government bonds, corporate
bonds, stocks, etc., he shall be temporarily not under the administration of the customs.
Article 19
The power to interpret the Measures shall remain with the State Administration of Foreign Exchange and the General Administration
of Customs.
Article 20
The Measures shall enter into force as of September 1, 2003. The Provisions on the Administration of Carrying Foreign Exchanges to
Enter or Exit the Territory, which were jointly promulgated by the State Administration of Foreign Exchange and the General Administration
of Customs on December 31, 1996 and which entered into force on February 10, 1997; the Circular on the Relevant Issues Concerning
Starting to Use the New Type of Permit for Carrying Foreign Exchanges to Exit the Territory, which were jointly promulgated by the
State Administration of Foreign Exchange and the General Administration of Customs on June 17, 1999, and which entered into force
on August 1, 1999; the Circular on the Relevant Operational Issues Concerning Starting to Use the New Type of Permit for Carrying
Foreign Exchanges to Exit the Territory”, which were promulgated by the State Administration of Foreign Exchange on June 14, 1999,
and which entered into force on the same day; and the Circular on Strengthening the Administration of the Permit for Carrying Foreign
Exchanges to Exit the Territory, which were promulgated by the State Administration of Foreign Exchange on October 25, 1999, and
which entered into force on the same day, shall all be abrogated simultaneously.
Attachment:
1. Currencies Exchanged by Chinese Domestic Banks by Quotation (Omitted)
2. Permit for Carrying Foreign Exchanges to Exit the Territory” (Omitted)
3. Proof of Reapplication (Omitted)
4. Statistical Table on Carrying Foreign Currency Cash to Exit the Territory (Omitted)
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