CUSTOMS RULES OF THE PEOPLE’S REPUBLIC OF CHINA ON THE IMPORT OF LEGACIES
REGULATIONS ON THE IMPORT OF TECHNOLOGY TO THE XIAMEN SPECIAL ECONOMIC ZONE
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(Effective Date 1984.07.14) Article 1. The present set of regulations is drawn up in accordance with relevant laws and decrees of the People’s Republic of China. Article 2. The regulations apply to the SEZ enterprises and institutions and other economic organizations (hereinafter referred to as the licensee) Article 3. The technology thus acquired must be both practical and advanced, and may bring about marked economic benefits. Technology here (1) technology with valid patent right; (2) technology with its patent right being applied for; and (3) proprietary technology. Article 4. Technology that produces the following effects is forbidden to be imported: (1) that which harms public order of society or violates social ethics; and (2) that which undermines ecological balance and harms the environment. Article 5. Technology transfer or acquisition may take any of the following forms: (1) licensing; (2) technical consultancy or technical service; (3) using patented technology or proprietary know-how as capital contribution in investment, or entering into joint operation with (4) compensation trade or co-production; and (5) projects under contract or other forms. Article 6. The licensee (recipient) may enjoy special preferential terms set by the Xiamen City People’s Government if the imported technology (1) technology which is examined and proved by the state scientific and research department as up to the world advanced level; (2) that which can markedly improve the competitiveness of the products on the international market; (3) that which may bring about marked economic results when applied to the technical upgrading of enterprises; and (4) that which is indispensable to the requirements of the Xiamen City People’s Government. Article 7. In technology acquisition, the licensee should apply in writing to an organization authorized by the Xiamen City People’s Government The contract comes into force on the date of approval, and it may be cancelled by the approval department if it is not implemented Article 8. Contracts must also have the following provisions apart from those that are generally included in Sino-foreign economic contracts: (1) definition of key terms; (2) subject and scope of the technology involved, list of technical information and the date of delivery; (3) progress of implementation, technical service and technical training; (4) the use of trademark; (5) warranty, checking and acceptance of the technology; (6) the rights and obligations of both sides to use and improve the technology; (7) secrecy clause; (8) the way to work out and pay the remuneration for the technology; and (9) liquidated liabilities (damages). Article 9. Invalidation of technology transfer agreement clauses if they are formed to include any of the following provisions: (1) payment for expired or invalid patent rights; (2) restrictions on the licensee to licensing-in technology from other sources; (3) restrictions on improvement or development of the technology in the course of application; (4) obviously unreasonable conditions attached. Article 10. In transferring patented technology of an unexpired life, the licensor should provide the licensee with a manual on the patent and In transferring technology for which the patent is pending, the licensor should provide the licensee with such patent application In transferring proprietary know-how, the licensor should provide the licensee with the relevant design blueprints, the rules for Article 11. The licensor should, within the time limit set by the contract, conduct training for the required number of people specified by Article 12. If the licensor is re-licensing the same technology, the licensee has the right to demand that a duplicate of the original licensing Article 13. If the licensor’s patent lapses before the expiration of the agreement, or the application for patent right is rejected, or if it The licensor should make sure that the technical data are complete, correct and reliable. If, for reasons the responsibility for Article 14. The licensee undertakes to discharge the secrecy clause obligations as stipulated in the contract regarding the imported technology. Anyone who has access to the technical secrets because of his (her) duties or job responsibilities must not divulge the secrets or Article 15. The relevant department of the Xiamen City People’s Government undertakes the necessary monitoring of and control over the effects Article 16. The present regulations come into force on the date of promulgation.
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RULES GOVERNING THE CONTROL OVER INWARD AND OUTWARD-BOUND OCEAN-GOING VESSELS OF FOREIGN REGISTRY OF CHINESE-FOREIGN COOPERATIVE EXPLOITATION OF OFFSHORE PETROLEUM, GOODS AND PERSONAL EFFECTS BELONGING TO FOREIGN PERSONNEL WORKING IN
STATISTICS LAW
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CHAPTER I GENERAL PROVISIONS CHAPTER II PLANS FOR STATISTICAL INVESTIGATIONS AND THE STATISTICAL SYSTEM CHAPTER III THE ADMINISTRATION AND PUBLICATION OF STATISTICAL DATA CHAPTER IV STATISTICS INSTITUTIONS AND STATISTICIANS CHAPTER V LEGAL RESPONSIBILITY CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 1 This Law is formulated in order to organize statistical work in an effective and scientific manner, to ensure accuracy and timeliness Article 2 The fundamental task of statistical work is to make statistical investigation and analysis of national economic and social development, Article 3 State organs, public organizations, enterprises, institutions, and self-employed industrialists and businessmen that are under statistical Autonomous mass organizations at the grass-roots level and citizens shall have the duty to provide truthful information needed for Article 4 The State shall establish a centralized and unified statistical system, with a statistical administrative structure under unified A State Statistics Bureau shall be established under the State Council to be responsible for organizing, directing and coordinating People’s governments at all levels and all departments, enterprises and institutions may, according to the needs of their statistical Article 5 The State shall strengthen scientific research of the system for statistical indices and constantly improve the method of statistical The State shall make plans to introduce modern techniques of processing and transmission of statistical information as well as a modern Article 6 Leading members of local authorities, departments and units shall direct and supervise statistics institutions and statisticians Statistical work shall be subject to public supervision. Any unit or individual shall have the right to expose or report unlawful Article 7 Leading members of local authorities, departments and units may not revise the statistical data provided by statistics institutions No leading members of local authorities, departments or units may compel or prompt statistics institutions or statisticians to tamper Statistics institutions and statisticians shall perform their duties according to law, which shall be protected by law. No leading Article 8 Statistics institutions and statisticians shall adopt the system of responsibility for work. They shall, in accordance with the provisions In accordance with the provisions of this law, statistics institutions and statisticians shall exercise, independently and free from
CHAPTER II PLANS FOR STATISTICAL INVESTIGATIONS AND THE STATISTICAL Article 9 Statistical investigations shall be conducted in accordance with an approved plan. A statistical investigation plan shall be drawn State statistical investigation items shall be worked out by the State Statistics Bureau, or by the State Statistics Bureau jointly Statistical investigation items of a department shall be worked out, if the units to be investigated lie within its jurisdiction, Local statistical investigation items shall be worked out by statistics institutions of local people’s governments at or above the In the even of serious natural calamities or other unforeseeable situations, local people’s governments at or above the county level In drawing up a plan for statistical investigation items, it is necessary to draw up simultaneously appropriate statistical investigation State, departmental and local statistical investigations must be explicitly divided in their functions. They shall be made to dovetail Article 10 Statistical investigation shall be conducted to collect and sort out basic statistical data mainly through regular sampling surveys For important general surveys of the national conditions and strength where the joint efforts of different quarters are required, Before conducting regular sampling surveys, it is necessary to find out about the basic statistics units and their geographical distribution The issue of regular overall statistics forms to the grass-roots units shall be strictly limited. Where it is possible to obtain statistical Article 11 The State shall formulate unified statistical standards to ensure standardization of definitions of statistical items, computing The State statistical standards shall be formulated by the State Statistics Bureau or by the State Statistics Bureau jointly with The various departments of the State Council may formulate supplementary departmental statistical standards. Departmental statistical Article 12 The units and individuals under statistical investigation shall have the right to refuse to fill in statistical investigation forms It is forbidden to make use of statistical investigation to steal State secrets, jeopardize public interests and engage in fraud.
CHAPTER III THE ADMINISTRATION AND PUBLICATION OF STATISTICAL DATA Article 13 Statistical data within the scope of State and local statistical investigations shall be separately placed under the unified administration Statistical data within the scope of departmental statistical investigations shall be placed under the unified administration of statistics Statistical data of enterprises and institutions shall be placed under the unified administration of statistics institutions or persons Article 14 Statistical data shall, in accordance with State regulations, be published periodically by the State Statistics Bureau and statistics Statistical data to be published by local authorities, departments and units shall be checked and ratified by the statistics institutions Statistical data published by the State Statistics Bureau shall be the standard data. Article 15 Statistical data pertaining to State secrets must be kept confidential. Single item investigation data concerning any individual Statistics institutions and statisticians shall have the obligation to maintain commercial secrets of the units and individuals under
CHAPTER IV STATISTICS INSTITUTIONS AND STATISTICIANS Article 16 Independent statistics institutions shall be established in local people’s governments at or above the county level, and people’s Article 17 The administrative structure with regard to statistics institutions of local people’s governments at or above the county level and The sizes of the staff of statistics institutions of local people’s governments at various levels shall be prescribed by the State Article 18 The departments of the State Council and local people’s governments at various levels shall, according to the needs of their statistical Article 19 Enterprises and institutions shall, according to the needs of their statistical work, establish statistics institutions or staff Enterprises and institutions shall fulfill State or local statistical investigation tasks and accept the direction of statistics institutions Enterprises and institutions shall keep original statistical records and standing books, establish and improve the management systems Article 20 The main functions of the State Statistics Bureau and statistics institutions of local people’s governments at various levels are (1) to draw up plans for statistical investigations and map out and inspect statistical work throughout the country or in their respective (2) to organize State and local statistical investigations and to collect, compile and provide statistical data of the whole country (3) to make statistical analysis of national economic and social development, to exercise statistical supervision and, in accordance (4) to administer and coordinate work concerning the statistical investigation forms and statistical standards worked out by various The State Statistics Bureau shall be in charge of the nation’s automated system of statistical information and statistical data bank Statisticians of townships and towns shall, together with persons concerned, take charge of the statistical work in rural areas at Article 21 The main functions of statistics institutions or persons in charge of statistics of departments of the State Council and local people’s (1) to organize and coordinate the statistical work of various functional organs of such departments, to execute the tasks of State (2) to make statistical analysis of and exercise statistical supervision over the implementation of plans of such departments and (3) to organize and coordinate the statistical work of enterprises and institutions under the jurisdiction of such departments and Article 22 The main functions of statistics institutions and persons in charge of statistics of enterprises and institutions are as follows: (1) to organize and coordinate the statistical work of such units, to execute the tasks of State, departmental and local statistical (2) to make statistical analysis of and exercise statistical supervision over the implementation of plans of such units; and (3) to handle statistical investigation forms of such units, to establish and improve statistical master-file systems and to establish Article 23 Statistics institutions and statisticians shall have the power: (1) to require units or persons concerned to provide truthful statistical data in accordance with State regulations; (2) to check the accuracy of statistical data and to ask for correction of inaccurate statistical data; and (3) to expose and report any violations of law committed in statistical investigation. When performing their duties in accordance with the provisions of the preceding paragraph and conducting statistical investigation Article 24 Statisticians shall adhere to the principle of seeking truth from facts, abide by professional ethics and possess the professional Article 25 Statistics institutions of the State Council and of local people’s governments at various levels, various departments, enterprises
Article 26 Leading members of local authorities, departments or units who alter statistical data without authorization, or fabricate statistical Any leading member of local authorities, departments or units who retaliates against the statisticians who refuses to fabricate statistical Statisticians who participate in tampering with or fabricating statistical data shall be criticized in a circulated notice and given Article 27 Any unit or individual under statistical investigation that commits one of the following violations shall be ordered to put it right (1) making false entries in statistical data or concealing statistical data; (2) falsifying or tampering with statistical data; or (3) refusing to submit statistical reports or repeatedly delaying their submission. Any enterprise, institution and self-employed industrialist or businessman that commits any of the violations mentioned in the preceding Article 28 If a person, in violation of the provisions of this Law, tampers with or fabricates statistical data and thus gains post_titles of honour, Article 29 Whoever makes use of statistical investigation to steal State secrets or violates the provisions of this Law regarding the maintenance Whoever makes use of statistical investigation to jeopardize public interests or engage in fraud shall be ordered by the statistics Article 30 Statistics institutions or statisticians that, in violation of the provisions of this Law, disclose single-item personal or family Article 31 Any State organ that, in violation of the provision of this Law, draws up and issues statistical investigation forms without submitting
CHAPTER VI SUPPLEMENTARY PROVISIONS Article 32 Measures for administration of non-governmental statistical investigation shall be formulated by the State Council. To conduct a statistical investigation within the territory of the People’s Republic of China, organizations and individuals from Article 33 The State Statistics Bureau shall, in accordance with this Law, formulate rules for its implementation and submit them to the State Article 34 This Law shall go into effect as of January 1, 1984. The Regulations on Statistical Work for Trial Implementation promulgated by
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RULES OF THE CUSTOMS GOVERNING CONTROL OVER INWARD AND OUTWARD OCEAN VESSELS, GOODS FOR THE PURPOSE OF CHINESE-FOREIGN COOPERATION EXPLOITATION OF OFFSHORE PETROLEUM
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(Effective Date:1984.06.01–Ineffective Date:)
CONTENTS
CHAPTER I GENERAL RULES
CHAPTER II CONTROL OVER FOREIGN VESSELS COMING FROM OR LEAVING FOR FOREIGN PORTS
CHAPTER III SUPERVISION AND CONTROL OVER IMPORT AND EXPORT GOODS
CHAPTER IV SUPERVISION AND CONTROL OVER LUGGAGE CARRIED BY FOREIGN STAFF WORKING IN CHINA FOR CHINESE-FOREIGN COOPERATIVE EXPLOITATION
CHAPTER V SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL RULES Article 1. These Rules are hereby formulated in accordance with stipulations laid down in the “Provisional Customs Law of the People’s Republic Article 2. The vessels, platforms and goods imported and exported for the cooperative exploitation of offshore petroleum and luggage and articles Article 3. The corporations approved for cooperative exploitation of offshore petroleum and related service companies (including the regional (1) The document of approval by the Ministry of Foreign Economic Relations and Trade of the People’s Republic of China or other competent (2) The contract (or the certificate of approval of the contract) for the exploitation project or sub-contract. (3) The licence for business issued by the General Administration of Industry and Commerce of the People’s Republic of China or its
CHAPTER II CONTROL OVER FOREIGN VESSELS COMING FROM OR LEAVING FOR FOREIGN PORTS Article 4. Foreign vessels (including exploration, service, supply and transport vessels) and platforms (including drilling, operating platforms Article 5. The Customs shall, when deemed necessary, inspect the foreign vessels plying between Chinese harbours or between operating areas Article 6. Special instruments and equipment for oil exploration and exploitation as well as ship’s stores (including foodstuffs) carried by Any above-mentioned goods temporarily discharged ashore, shall be stored in the Customs-bonded warehouse and be placed under Customs In the case of goods being sold or transferred to vessels of Chinese nationality or other units or individuals, the person concerned Article 7. Vessels of Chinese nationality being rented to a foreign company shall be supervised and controlled by the Customs in accordance
CHAPTER III SUPERVISION AND CONTROL OVER IMPORT AND EXPORT GOODS Article 8. When goods are imported or exported for the cooperative exploitation of offshore petroleum, the goods-owner or his agent shall declare Where the goods-owner or his agent requests the completion of Customs formalities at the place of destination or shipment, permission Article 9. At the time of Customs examination of the imports or exports, the goods-owner or his agent shall be present and be responsible for Article 10. Imported goods, if not applied for or duty-paid with three months from the date of entry of the means of conveyance, shall be taken Article 11. Delivery of import goods shall only be allowed after Customs clearance, or with the special permission of the Customs, and the loading Article 12. When the machinery, equipment, spare parts, accessories and other materials for implementation of oil contracts (hereinafter referred The production goods and materials may be imported under special circumstances or as an urgent case by presentation of a certificate Article 13. The imported production goods and materials referred to in Article 12, if falling into the categories as specified in the “Rules No resale or transfer of the imported goods and materials exempted from duty and tax shall be allowed without prior authorisation. Article 14. When the production goods and materials for the construction of oil bases or various services needed for the projects, are imported Article 15. Where articles for daily use for personnel of foreign nationality working on platforms and oil-bases and their families living with The above-mentioned articles shall neither be supplied to foreigners other than those working for the project nor to Chinese employees The above-mentioned goods exempted from duties and taxes shall be stored in separate warehouses or special shops and be placed under Article 16. The warehouses set up for consignment sale by foreign businessman at oil bases shall be dealt with by the Customs in accordance with Article 17. Articles for office use in reasonable amounts imported by the foreign enterprise shall be applied to the Customs in advance for approval Article 18. When goods are temporarily imported, the goods-owner or his agent shall declare to the local Customs and guarantee their re-exportation Article 19. The crude oil being exported shall be released by the Customs after examination on the strength of the export licence issued by the Any data, materials and samples shall be released by the Customs after verifying the certificates issued by the regional sub-corporations
CHAPTER IV SUPERVISION AND CONTROL OVER LUGGAGE CARRIED BY FOREIGN STAFF WORKING IN CHINA FOR CHINESE-FOREIGN COOPERATIVE EXPLOITATION Article 20. Luggage carried by incoming and outgoing foreign staff for a short stay in China and working in China for the purpose of Chinese-foreign Article 21. Luggage carried by incoming and outgoing foreign resident staff working in China for Chinese-foreign cooperative exploitation of
CHAPTER V SUPPLEMENTARY PROVISIONS Article 22. Any one of the following acts shall be dealt with by the Customs according to the provisions laid down in the Provisional Customs (1) False declaration; (2) Without Customs permission, shipping or taking delivery of goods not yet released by the Customs; (3) Taking advantage of import and export opportunities for undertaking smuggling activities; (4) The sale, without Customs permission, of foreign goods and articles which have been released with exemption from duties and taxes; (5) Goods and materials admitted temporarily having neither been re-exported within the time limit nor passed Customs formalities (6) Unauthorisedly tearing open the Customs covers or breaking seals; or losing Customs cover; and (7) Other infringements of Customs regulations and stipulations. Article 23. When necessary, Customs may send its officers or set up its establishment at oil bases for the collection of Customs duty. The oil Article 24. The import of building materials, office appliances and articles for daily use, used in special economic zones by the company offices Article 25. These Rules shall enter into force as of June 1, 1984.
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SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS CONCERNING THE TIME LIMITS FOR HANDLING CRIMINAL CASES
| Category | LITIGATION | Organ of Promulgation | The Standing Committee of the National People’s Congress | Status of Effect | Invalidated |
| Date of Promulgation | 1984-07-07 | Effective Date | 1984-07-07 | Date of Invalidation | 1997-01-01 |
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Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Time Limits for Handling Criminal |
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(Adopted at the Sixth Meeting of the Standing Committee of the Sixth
National People’s Congress, promulgated for implementation by Order No.15 of
the President of the People’s Republic of China on July 7, 1984, and effective
as of July 7, 1984) (Editor’s Note: These Provisions were annulled by the
Decision of the National People’s Congress on Amendments of the Criminal
Procedure Law of the People’s Republic of China promulgated on March 17, 1996
and effective as of January 1, 1997)
The time limits for handling criminal cases prescribed by the Criminal
Procedure Law in the spirit of shortening the time limits as much as possible
and guaranteeing the citizens’ right of the person are both appropriate and
correct. The public security organs and judicial organs shall continue to
improve their work, raise the quality of case-handling and work efficiency,
conscientiously implement the time limits for case-handling prescribed by the
Criminal Procedure Law and, in a practical manner, strive to shorten the time
limits as much as possible. Meanwhile, the following supplementary provisions
are made in order to solve certain special, concrete problems which have
arisen in the process of implementation.
1. In the event that major cases involving crimes committed by a group or
major and complex cases involving persons going from place to place committing
crimes cannot be concluded within the time limit for holding a defendant in
custody during investigation as stipulated in Paragraph 1 of Article 92 of the
Criminal Procedure Law, or within the time limit for trial in a case of first
instance as stipulated in Article 125, or within the time limit for trial in a
case of second instance as stipulated in Article 142, the time limit for
holding the defendant in custody during investigation may be extended by two
months upon approval or decision by the people’s procuratorates of provinces,
autonomous regions, or municipalities directly under the Central Government,
and the time limit for trial in cases of first and second instances may be
extended by one month upon approval or decision by the higher people’s courts
of provinces, autonomous regions, or municipalities directly under the Central
Government.
2. In the event that major and complex criminal cases in remote areas with
extremely poor communications cannot be concluded within the time limit
stipulated in the Criminal Procedure Law for holding the defendant in custody
during investigation or within the time limit for trial in a case of first or
second instance, the time limit for case-handling may be appropriately
extended. The extension of the time limit for case-handling and the measures
for its examination and approval shall be dealt with in pursuance of item (1)
above.
When the time limit for case-handling may be extended in remote areas with
extremely poor communications, such areas shall be designated by the standing
committees of the people’s congresses of the relevant provinces or autonomous
regions.
3. If in the course of investigation the defendant is found to have
committed other serious crimes, supplementary investigation may be conducted
upon approval of or decision by the people’s procuratorate, and the time limit
for holding the defendant in custody during investigation may be calculated
anew.
4. A defendant held in custody who is subject to investigation,
prosecution or trial in a case of first or second instance which cannot be
concluded within the time limit stipulated in the Criminal Procedure Law and
who, if permitted to obtain a guarantor pending trial or to live at home under
surveillance, will pose no threat to society may obtain a guarantor pending
trial or live at home under surveillance. The period during whicb he obtains a
guarantor pending trial or lives at home under surveillance shall not be
counted in the time limit for case-handling as stipulated in the Criminal
Procedure Law, but the hearing of the case shall not be suspended.
5. In the event of a case of public prosecution reviewed and brought by
the people’s procuratorates and heard by a people’s court where the defendant
is not held in custody, the handling of the case is not subject to the
restriction of the time limits stipulated in Articles 97, 125 and 142 of the
Criminal Procedure Law, but the hearing of the case shall not be suspended.
6. In the event a case of public prosecution over which a people’s
procuratorate or people’s court has jurisdiction is transferred, the time
limit for case-handling shall be reckoned from the date when the new
case-handling organ receives the case.
7. In the event a people’s court has returned a case to a people’s
procuratorate for supplementary investigation, the latter sball complete the
supplementary investigation within one month. After supplementary
investigation has been completed and the case has been returned to the
people’s court, the court shall calculate anew the time limit for
case-hearing.
8. Where a people’s court of second instance returns a case for retrial to
the people’s court which originally handled the case, the latter people’s
court shall calculate anew the time limit for case-hearing from the date it
receives the returned case.
9. The time period during which a defendant undergoes examination for
determination of mental illness shall not be counted in the time limit for
case-handling.
10. These Provisions shall go into effect on the day of their
promulgation.
Appendix:
The Relevant Articles in the Criminal Procedure Law
Article 92 The time limit for holding a defendant in custody during
investigation shall not exceed two months. If the circumstances of a case are
complex and the case cannot be concluded before the expiration of that period,
an extension of one month may be allowed with the approval of the people’s
procuratorate at the next higher level.
In tbe event a particularly grave and complicated case still cannot be
concluded within the extension period provided in the preceding paragraph, the
Supreme People’s Procuratorate shall request the Standing Committee of tbe
National People’s Congress to approve a postponement of the hearing of the
case.
Article 97 A people’s procuratorate shall make a decision within one
month on a case that a public security organ has transferred to it with a
recommendation to initiate a public prosecution or exempt it from prosecution;
an extension of half a month may be allowed for major and complicated cases.
Article 125 A people’s court shall pronounce judgment on a case of public
prosecution within one month, or one and a half months at the latest, after
accepting it for trial.
Article 142 A people’s court of second instance shall conclude the trial
of a case of appeal or protest within one month, or one and a half months at
the latest, after accepting it for trial.
PROVISIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON SANITATION OF FOOD FOR EXPORT (FOR TRIAL IMPLEMENTATION)
INTERIM REGULATIONS ON THE LICENCING SYSTEM FOR IMPORT COMMODITIES
| Category | FOREIGN TRADE | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1984-01-10 | Effective Date | 1984-01-10 |
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Interim Regulations of the People’s Republic of China on the Licencing System for Import Commodities |
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(Promulgated by the State Council on January 10, 1984)
Article 1 These Regulations are formulated to strengthen planning and
administration of imports, and to upgrade the economic efficiency, so as to
facilitate the construction of socialist modernization.
Article 2 The People’s Republic of China implements the licencing system
for import commodities. With respect to all those commodities subject to a
licence for import as stipulated in these Regulations, except as otherwise
provided by the state, an application must be filed in advance for obtaining an
import licenee, and the import order for the required commodities shall be
handled by a company approved by the state to be engaged in the import business
of the said commodities. The Customs shall give clearance against the import
licences and other relevant documents.
Article 3 The Ministry of Foreign Economic Relations and Trade of the
People’s Republic of China shall, on behalf of the state, be responsible for
the unified issue of the import licences.
The departments of foreign economic relations and trade at the provincial
level may, within the scope of competence prescribed by the Ministry of Foreign
Economic Relations and Trade, issue import licences related to the importation
of the respective provinces, autonomous regions, or municipalities directly
under the Central Government.
The Ministry of Foreign Economic Relations and Trade may also authorize its
accredited representatives’ offices stationed at the main ports to issue,
within the prescribed scope of competence, the import Iicences.
Article 4 Various categories of companies that have been approved by the
state to engage in import business must handle the import business operations
strictly in accordance with the approved scope of business and with the
catalogue of import commodities.
The goods, which are imported by the national foreign trade corporations
engaged in specialized import and export business, or by import and export
companies attached to various ministries, or by import and export companies
attached to various provincial governments referred to by the term “companies”
mentioned in the preceding paragraph, shall, with the exception of those goods
under import restrictions imposed by the state, be exempt from the import
licences, and the Customs shall give clearance against the relevant import
documents.
All departments and enterprises without the approval of the state to engage
in import business are forbidden to import goods without authorization.
Article 5 The goods which are imported in accordance with the provisions
of the state, and with the approval of the relevant ministries or commissions
under the State Council or of the people’s governments of the respective
provinces, autonomous regions, and municipalities directly under the Central
Government, for executing various agreements and contracts concluded with
parties from abroad for processing supplied materials, for assembling supplied
parts and components, for compensation trade, or for contracting of
construction projects, and which have not exceeded the scope of the approved
items, shall be exempt from import licences. However, where the importation
with respect to the compensation trade or the contracting of construction
projects goods under import restrictions by the state; or where the materials
or the parts and components or the finished products after processing, imported
for executing contracts for processing supplied materials or for assembling
supplied parts and components are needed to diverse for domestic sale, an
application must filed for obtaining an import licence.
Article 6 In respect of the importation of goods under import restrictions
imposed by the state, irrespective of their forms of import, sources of
foreign exchange, and channels for import, the matter shall be submitted to the
competent administrative departments and the relevant examining departments
for examination and approval in accordance with the scope of competence and
limits of authority for examination and approval provided by the state; and
then, the ordering units shall apply for the import licences by presenting the
approval document.
The varieties of goods under import restrictions imposed by the state shall
be uniformly adjusted and made known to the public by the Ministry of Foreign
Economic Relations and Trade in accordance with the provisions formulated by
the state.
Article 7 The following imports, which do not fall under the scope of
varieties stipulated in the second paragraph of the preceding article, shall be
exempt from the import licences:
1. samples purchased or provided free of charge by foreign businessmen, in
the course of import and export business, by various categories of companies
which have been approved by the state to engage in import and export business;
2. articles urgently required for professional usage which are purchased
from abroad at the international market price of 5,000 U.S. dollars or less, by
such departments as scientific research, education, culture, physical culture,
medicine, and public health, with the approval of the Ministry of Foreign
Economic Relations and Trade, or the administrative departments of foreign
economic relations and trade at the provincial level, or the accredited
representatives’ offices of the Ministry of Foreign Economic Relations and
Trade stationed at various ports;
3. machinery and electrical instruments and fittings urgently required in
production which are purchased from abroad by industrial or mining enterprises
at the international market price of 5,000 U.S. dollars or less, with the
approval of the Ministry of Foreign Economic Relations and Trade, or the
administrative departments of foreign economic relations and trade at the
provincial level, or the accredited representatives’ offices of the Ministry of Foreign Economic Relations and Trade stationed at
various ports;
4. commodities imported with the special approval by the state.
The Customs shall give clearance to the imported goods mentioned in Items
2, 3 and 4 of the preceding paragraph against the approval documents.
Article 8 With respect to the goods purchased as mentioned in Items 2 and
3 of the first paragraph of the preceding article, if they are bought at an
international market price that exceeds the prescribed limit, an application
must be filed for obtaining the import licences.
If departments or public institutions other than those mentioned in Items 2
and 3 of the first paragraph of the preceding article are to purchase from
abroad the urgently required articles, they must also apply for obtaining the
import licences.
Article 9 With respect to the goods and materials required in production
by Chinese-foreign equity joint ventures, if they cannot be obtained in the
domestic market, the aforesaid equity joint ventures may order them from abroad
through the relevant foreign trade companies, or the equity joint ventures
may, within their scope of business operation, import the goods and materials
by themselves. Matters concerning the scope of and the procedures for the
import licenoes shall be handled in accordance with the provisions of Article
63 of the Rules for the Implementation of the Law of the People’s Republic of
China on Chinese-Foreign Equity Joint Ventures.
Article 10 Under any one of the following circumstances, the Ministry of
Foreign Economic Relations and Trade shall not issue the import licence, or
revoke the import licence already issued:
1. goods the importation of which the state has decided to stop or to stop
for the time being;
2. goods the importation of which is not in conformity with the foreign
policy of the state;
3. the imported goods that are not in conformity with the contents of
bilateral trade agreements or the agreements of payment;
4. the imported goods that are not in conformity with the sanitation
criteria or the quarantine criteria for medicine, foodstuff, animals and
plants, agricultural products, livestock products, aquatic products. as set by
the state public health departments and the departments of agriculture, animal
husbandry and fishery;
5. other imported goods that jeopardize the interests of the state, or that
are handled illegally.
Article 11 To apply for the import licence, the applicant must present an
official certifying letter issued by a unit at the provincial department or
bureau level or higher, and submit also the certifying document indicating the
approval of the importation of the said goods by the relevant competent
administrative departments and the examining departments. The application shall
contain such items as the names of the imported goods, specifications,
quantity, amount of money paid, purposes of usage, the
country from which the goods are to be imported, sources of foreign exchange,
and the domestic units that shall conclude the transaction with external units.
The licence issuing department shall issue the import licence after it has
examined the application and found it to be in conformity with relevant
provisions.
In applying for the licence for import goods, the applying unit must make
the application strictly according to the facts and must not resort to
deception or trickery. Violators shall be investigated and punished.
Article 12 The term of validity of the import licence shall be one year.
In the event that within the term of validity the goods have not been imported,
the unit that holds the licence may make an application to the licence issuing
authorities for an extension of the term of validity; the licence issuing
authorities may, in accordance with the stipulations of the relevant contract,
extend the term of validity accordingly.
Article 13 In the event of a violation of the provisions of these
Regulations, with respect to the goods imported arbitrarily without applying
for the import licence in advance, the Customs may confiscate the goods or give
an order for the goods to be shipped back; where the importation has been
verified by the licence issuing department and the import licence has been
issued afterwards, the Customs may, at its discretion, impose a fine on the
violator and then give clearance. With respect to the forgery, alteration or
illegal transfer of the import licence, the case shall be dealt with by the
Customs in accordance with the pertinent provisions of the Customs laws and
regulations.
Article 14 Matters concerning goods imported by the special economic zones
for the use within the special economic zones shall be handled in accordance
with the special provisions of the special economic zones; matters concerning
the imported goods and the goods manufactured in the special economic zones,
which are to be transported to the inland of the country, shall all be handled
in accordance with the provisions of these Regulations.
Article 15 The Ministry of Foreign Economic Relations and Trade shall be
responsible for the interpretation of these Regulations; and the rules for the
implementation of these Regulations shall be formulated jointly by the Ministry
of Foreign Economic Relations and Trade and the General Administration of
Customs.
Article 16 These Regulations shall go into effect as of the date of
promulgation.?
INTERIM REGULATIONS ON LICENSING SYSTEM OF IMPORT COMMODITIES
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(Effective Date 1984.01.10) Article 1. These regulations are formulated with the purpose of strengthening the planned control of import trade, enhancing the economic results Article 2. The People’s Republic of China practices the Licensing System of import commodities. For all commodities imported on the strength Article 3. The Ministry of Foreign Economic Relations and Trade unifies the issuance of licences of import commodities on behalf of the State. The administrative departments of foreign economic relations and trade at the provincial level may, within the scope of power stipulated The Ministry of Foreign Economic Relations and Trade may also empower the special commissioners offices residing at the main ports Article 4. Various corporations approved by the State to engage in the business of import shall conduct the import business strictly in accordance Commodities to be imported by the head offices of foreign trade corporation specializing in import and export among the corporations The departments and enterprises which are not approved by the State to engage in import business are prohibited to import commodities Article 5. Being in compliance with the stipulations of the State and approved by the relevant commissions and ministries under the State Council Article 6. All Commodities whose import is restricted by the State, irrespective of their mades of imports, the sources of foreign exchanges The items of import commodities restricted by the state shall be made public and readjusted in a unified way by the Ministry of Foreign Article 7. The following imports, which do not fall into the scope of items of paragraph 2 of the preceding Article, are exempted from obtaining (1) In import and export trade, samples provided by foreign parties free of charge or samples bought by various corporations which (2) Urgently needed articles for professional usages bought abroad at a price less than 5,000 US dollars on the international market (3) Urgently needed parts and accessories of machinery, electrical appliances and precision instruments for production bought abroad (4) Commodities imported with special approval by the State. The Customs offices shall examine and clear the imported commodities mentioned in items 2, 3 and 4 of the first paragraph of this Article 8. For commodities bought of one’s own as stipulated by items 2 and 3 of the first paragraph of the preceding Article, whose price on For urgently needed import commodities bought abroad directly by organs and associations other than those mentioned in paragraph 2 Article 9. Goods needed for production by Chinese-foreign joint ventures which can not be supplied in China, may be purchased abroad themselves The scope and procedures of applying and obtaining licences of import commodities shall be dealt with in accordance with Article 63 Article 10. Under the following circumstances, the Ministry of Economic Relations and Trade may not issue licences of import commodities or (1) Commodities, where import is banned, or temporarily suspended by decision of the State; (2) Import commodities that are not consistent with the foreign policy of the State; (3) Import commodities that are not consistent with the contents of the relevant bilateral trade agreements and payment agreements; (4) Import Commodities that are not consistent with the standards of hygiene and quarantine of medicine, foodstuffs, animals, plants, (5) Other import commodities that are detrimental to the interests of the State or procured through illegal dealings. Article 11. Official letters of the units at or above the provincial departments or bureau level shall be produced, and import certificates The licences of import commodities shall be issued after verifying by the licence-issuing authorities, if the said particulars are In obtaining the licences of import commodities, the applying units shall apply in conformity with the facts strictly, and shall not Article 12. The period of validity of an import licence is one year. In case of failure to import the commodities within the period of validity, Article 13. The Customs offices may confiscate the commodities or instruct that they be shipped back in case they are imported without authorization Article 14. Commodities imported by the Special Economic Zone for the use inside the zone shall be dealt with according to the special regulations Article 15. The Ministry of Foreign Economic Relations and Trade shall be responsible for the interpretation of these regulations rules for Article 16. These regulations shall come into force from the day of the promulgation.
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