海关总署、对外贸易经济合作部令第86号
颁布日期：20010720 　实施日期：20010720 　颁布单位：海关总署、 对外贸易经济合作部

　　Decree of the General Administration of Customs and the Ministry¹ of Foreign Trade and Economic Cooperation [2001] No.86

　　Provisions Concerning Approval of Application of Speedy Customs Formalities by Large-scale High-tech² Companies is now promulgated³ and shall enter into force as of the date of promulgation⁴.

　　Officer of the General Administration of Customs: Mou Xinsheng

　　Minister of the Ministry of Foreign Trade and Economic Cooperation: Shi Guangsheng

　　July 20, 2001

　　Provisions Concerning Approval of Application of Speedy Customs Formalities by Large-scale High-tech Companies

　　Article 1 According to Article 1 and Article 5 of the Circular of the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation Concerning Supporting the Development of High-tech Companies (ShuTingFa [2001] No.279, hereinafter referred to as the Circular), large-scale high-tech companies shall go through the following proceedings⁵ for application, record and approval of speedy customs formalities.

　　Article 2 The companies meeting the following fundamental requirements may apply for one or several items of the speedy customs formalities prescribed by the Circular.

　　(1) Law-abiding, creditworthy, with standardized⁶ and strict internal management, with no record of smuggling⁷ and violation⁸ of rules, with sufficient assets or capital to provide general guarantee for economic liabilities for application of speedy customs formalities;

　　(2) With independent legal personality, engaged in high-techs, with products listed in the Catalogue of China's High-tech Export Products made by the Ministry of Science and Technology, the Ministry of Foreign Trade and Economic Cooperation, the Ministry of Finance, the State Administration of Taxation⁹ and the General Administration of Customs(to be dispatched separately);

　　(3) With operation right of import and export and customs registration¹⁰;

　　(4) With annual export volume (including processing trade carried forward) exceeding $100 million;

　　Article 3 The companies shall go through the formalities of application for record according to the following proceedings:

　　(1) Fill out the Form of Record and Approval of Application of Speedy Customs Formalities (The format¹¹, see Attachment¹² 1, hereinafter referred to as the Form of Record and Approval) in quintuplication, and have the forms stamped and signed by the companies' legal representatives or the deputies authorized¹³ by legal representatives.

　　(2) Apply for ratification¹⁴ of the application to the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation of the provinces, autonomous¹⁵ regions, municipalities directly under the Central Government, or municipalities separately listed on the State plan where the companies are located; the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation responsible for ratification of the application shall accomplish the tasks within 10 working days, and shall seal the corresponding columns of the quintuplicate Form of Record and Approval.

　　(3) When the companies apply to the customs in charge for ratification of the application of speedy customs formalities, the customs in charge shall accomplish the tasks within 10 working days, and shall seal the corresponding columns of the quintuplicate Form of Record and Approval. One copy of the Form of Record and Approval with the seal of the Commission (Department, Bureau) of Foreign Trade and Economy and the seal of the Customs in Charge shall be given to the company, 2 copies shall respectively be filed to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation, while another 2 copies shall be put on record respectively by the Commission (Department, Bureau ) of Foreign Trade and Economic Cooperation and the customs in charge.

　　(4) A Letter of Guarantee for Liabilities of Application of Speedy Customs Formalities (The format, see Attachment 2, hereinafter referred to as the Letter of Guarantee for Liabilities.) shall be signed between the customs in charge and the companies. The Uniform format and the major contents of The Letters of Guarantee for Liabilities shall be prescribed by the General Administration of Customs; detailed¹⁶ prescriptions¹⁷ of the Forms shall be supplemented according to the particular requirements of the customs' supervision¹⁸ and the companies' operation. The Letter of Guarantee for Liabilities shall be quintuplicate. Each responsible party shall keep one copy, another two copies shall be filed for record to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation, the other one copy shall be kept for record.

　　(5) The customs in charge shall file to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation the Form of Record and Approval stamped by the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation and by the customs in charge, along with a copy of the Letter of Guarantee for Liabilities signed by three responsible parties. If the General Administration of Customs or the Ministry of Foreign Trade and Economic Cooperation dissent¹⁹ from the Form of Record and Approval and the Letter of Guarantee for Liabilities, they shall ask the customs in charge to defer²⁰ carrying out them or recall the Form of Record and Approval, or modify the Letter of Guarantee for Liabilities within 10 days after the receipt of the Form of Record and Approval and the Letter of Guarantee for Liabilities. If there is no dissent concerning the Forms and Letter, they shall become valid²¹ after the time limit of 10 days.

　　For efficiency, the above formalities for record may be conducted through China Electronic Port System between the companies and various examining and approving departments, and among the various sections of the examining and approving departments. Going through the formalities for record shall be free of charge.

　　Article 4 Upon the effective date of the Form of Record and Approval and the Letter of Guarantee for Liabilities, the relevant responsible sections of the General Administration of Customs are entitled to change the company's corresponding customs clearance²² parameters²³ according to the detailed requirements of speedy customs formalities applied²⁴ by the companies and the particular provisions of the Letter of Guarantee for Liabilities. The companies may directly go through the speedy customs formalities in accordance with the detailed requirements of speedy customs formalities and the particular provisions of the Letter of Guarantee for Liabilities.

　　The companies shall report in time to the customs in charge and the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation in charge, when great changes influential²⁵ to the contents of the Form of Record and Approval and the Letter of Guarantee for Liabilities take place.

　　Article 5 The Form of Record and Approval and the Letter of Guarantee for Liabilities shall be valid for long duration before they are terminated or recalled by the customs, or the departments of foreign trade and economy, or the companies. The modification²⁶, termination and renewal²⁷ of validity of the Form of Record and Approval and the Letter of Guarantee for Liabilities shall be made in accordance with the proceedings prescribed in the third article of this Regulation.

　　Article 6 The original approving customs in charge together with the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation in charge are entitled to recall the companies' qualification of application of speedy customs formalities. The decisions made by the customs in charge together with the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation in charge about recalling the companies' qualification of application of speedy customs formalities shall respectively be filed to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation by the customs in charge. The General Administration of Customs shall be responsible for the change of the companies' corresponding customs clearance parameters; the relevant Form of Record and Approval and the Letter of Guarantee for Liabilities shall be invalid²⁸ accordingly. The companies shall go through the proceedings for record once again according to the third article of this Regulation.

　　Article 7 The companies going through speedy customs formalities shall apply the credit management by the customs; the imported and exported goods shall be permitted to go through the customs mainly in accordance with the companies' customs declaration. The customs shall not make any spot opening-up examination under usual circumstances; customs at the places of import and export shall not voluntarily go to the companies to examine them either. To ensure that the companies obtain favor from speedy customs formalities, the customs at various places shall institute special approving proceedings. Formalities of application for approval shall be gone through according to the approval proceedings for any necessary spot opening-up examination to the imported and exported goods of the companies entitled to application of speedy customs formalities. The customs in charge shall ascertain²⁹ that the relevant sections of the customs or the relevant affiliated³⁰ customs are responsible for the comprehensive management of the companies entitled to application of speedy customs formalities. The responsible sections in charge and the responsible affiliated customs shall put stress on management of law observance of the companies entitled to application of speedy customs formalities, and shall always be kept informed of the companies' credit status, internal management, financial affairs (capital), production and operation, annual export volume, payment of taxes and fees, etc…… The customs at the place of export and import shall contact and cooperate with the customs in charge, and shall forwardly contact the customs in charge to solve any problems occurred during their dealing³¹ with speedy customs formalities. If the customs in two different places dissent from each other, they shall firstly handle according to the opinions of the customs in charge to ensure the goods' timely going through the customs.

　　Article 8 The companies entitled to application of speedy customs formalities shall lay stress on law observance, perform various undertakings³³, voluntarily abide³⁴ by all kinds of prescriptions concerning the customs and management of Foreign Trade and Economy, and safeguard their credit status. At the same time, they shall have strict internal management to prevent their internal working staffs from misusing³⁵ speedy customs formalities for smuggling activities. When violating the customs regulations, the company shall assist the customs in handling the violation and accept the punishment from the customs.

　　Article 9 The companies whose export volumes are less than $100 million can also apply in writing to the customs in charge for speedy customs formalities, if they do need the application of speedy customs formalities and can meet all the requirements prescribed by the second article of this Regulation at the same time. The contents of their written application shall have the relevant description of the companies with reference to the Form of Record and Approval. On the basis of the application, the customs in charge shall examine and approve together with the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation of the provinces, autonomous regions, municipalities directly under the Central Government and municipalities separately listed on the State plan where the companies are located, and then shall file to the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation for approval.

　　Attachment 1 Form of Record and Approval of Application of Speedy Customs Formalities by Large-scale High-tech Companies

　　Attachment 2: Letter of Guarantee for Liabilities of Application of Speedy Customs Formalities

　　Attachment 1:

　　Form of Record and Approval of Application of Speedy Customs Formalities by Large-scale High-tech Companies

　　_______Customs _____ year ____ month ____ day

　　Name of the Company Scope of Business

　　Code of the Company Manufacturing Products

　　Quality of the Company Export Volume of last year ($ hundred million)

　　Type of the Company Type A( ) Not Assessed yet( )

　　Name of the Company's Bank Bank A/C No.

　　Registration of customs

　　The company's Application for Speedy Customs Formalities Declaring at the Customs in Advance( ) Network Customs Declaration ( )Speedy Customs Clearance( ) Visiting Examination ( ) Emergent Customs Clearance( )Customs Examination on Guarantee ( ) Network Management of Processing Trade( )

　　Solemn Commitment: This Company guarantee the verity³⁶ of the above contents (attached: the Statement of Assets and Liabilities, the Statement of Gains and Losses and the Statement of Cash Flow), and shall immediately report to the customs and the authorities of Foreign Trade and Economy if any change should occur.

　　Signature of the Legal Representative Seal of the Company Date: ______ year ______ month _______ day

　　Approval of the Commission of Foreign Trade and Economic Cooperation of the provincial³⁷ level:Seal: _____ year _____ month _____ day

　　Approval of the customs in charge:Seal: ____ year ____ month ____ day

　　Attachment 2:

　　Letter of Guarantee for Liabilities of Application of Speedy Customs Formalities

　　Document No: (200x ) of Guarantee of the Customs

　　Party A: ________Customs Party B:

　　Address: Address:

　　Legal Representative: Legal Representative:

　　Linkman: Linkman:

　　Telephone Number: Telephone Number:

　　In order to be in keeping with the large-scale high-tech companies' manufacturing and operating way and to meet the customs' supervisory requirements, to support the development of high-tech industry, according to the prescriptions of the Circular of the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation Concerning Several Issues for Supporting High-tech Industry Development (ShuTingFa [2001] No.279), upon the request of Party B, with the approval of Party A together with _______Commission (Department, Bureau) of Foreign Trade and Economic Cooperation, and under the entrustment³⁹ of the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation, the two parties draft out this Letter of Guarantee, which shall be applied to Party B's customs formalities at all the customs all over the country for imported and exported goods; but if this Letter of Guarantee stipulates⁴⁰ for validity and enforceability only within the area of Party A, the stipulations shall be observed. Party B promises to observe laws and administrative⁴¹ regulations and customs rules, perform the obligations stipulated⁴² by this Letter of guarantee, and bear the corresponding legal liabilities; Party A promises to work with all customs to provide customs clearance convenience to Party B's legally imported and exported goods, within the permissive scope of laws, administrative regulations and customs rules.

　　Article 1 ( Including Customs Classification in Advance, etc.) According to the relevant customs rules, Party B may apply to Party A to confirm in advance the classification, price duty paid or origin of the imported and exported goods before declaration. The decision of Party A of confirming in advance the classification, price duty paid or origin of the imports and exports is valid within the area of Party A. Party B shall ensure that the real condition of the imports and exports confirmed in advance on classification, price duty paid and origin by Party A be in accordance with the particulars furnished in Party B's application. If Party B's imported and exported goods which usually go through other customs need to be confirmed in advance on classification or origin, Party B may apply to the General Administration of Customs for a Administrative Ruling to be applied at all the customs all over the country according to the prescriptions of Article 43 of the Customs Law concerning "Administrative Ruling". Party A shall provide assistance in it.

　　Article 2 (Declaring at the Customs in Advance) For the imported and exported goods meeting the following requirements, Party B may apply for simple formalities of declaring at the customs in advance.

　　(1) For imported goods, within 3 days after delivery before arrival at the port; for exported goods, within 3 days before delivery to the supervisory place of the customs;

　　(2) The names, specifications⁴³, quantities and other declarative items of the imports and exports can be confirmed. If Party B has gone through the declaration formalities in advance, submitted the relevant documents and certificates, and obtained the approval from the customs, it may directly apply for the formalities of release after examination at the site of customs examination. If the goods can't be imported or exported due to various causes after Party B has declared at the customs in advance, Party B shall apply to recall this declaration at the site of customs examination within 3 days after it/he is aware of the situation. If the goods actually imported or exported are not in accordance with the particulars furnished in the goods declaration, Party B shall apply to the site of customs examination for modification of this declaration before it/he goes through the formality of handing in documents for examination and the formality of release after examination.

　　Article 3 (Network Customs Declaration) Party B may use the network of China Electronic Ports, and conduct formal customs declaration formalities at the office of Party B. After examining the electronic data of the Declaration Form, the customs shall send an electronic receipt, notifying Party B to conduct the formality of handing-in documents for examination and the formality of release after examination at the site of customs supervision. Under permissible⁴⁴ circumstances, the customs may carry out the payment of taxes and fees by electronic transfer through the customs' network with a designated bank. After the customs has sent a notice of electronic payment to Party B, the goods shall be released upon the bank's electronic receipt of transfer.

　　Article 4 (Emergent Customs Clearance) The customs shall establish a speedy clearance office to give Party B priority in going through formalities of examination and release for its imports and exports. Party B may contact Party A's supervisory office during Party A's working hours to prearrange for clearance formalities to be conducted at festivals and holidays and non-working hours.

　　Article 5 (Speedy Customs Transfer) Upon Party B's request, the customs shall give priority to Party B in going through speedy customs transfer formalities for its goods imported and exported through different domestic ports except those designated by the State that can only be imported and exported through particular ports.

　　Party B shall ensure that the imports and exports for customs transfer be delivered to the customs' designated supervisory site in time and wholly. Without the customs' permission, the goods must not be taken apart, picked up, transported, refitted, mortgaged, impawned, transferred, changed of marks, displaced for other use or disposed of in other ways. Party B shall take effective measures to control and supervise its entrusted⁴⁵ companies engaged in declaration, transport, warehouse⁴⁶, etc. on observing and carrying out the above prescriptions, and shall bear corresponding liabilities for the violating acts of its entrusted companies engaged in declaration, transport, warehouse, etc……

　　Article 6 (Visiting Examinations) Upon Party B's request, Party A may dispatch personnel to go to the place where Party B is located to conduct examination associated with the process of loading or manufacturing on the imports and exports that are not convenient to be examined at Party A's customs clearance site.

　　Article 7 (Releases on Guarantee) Before confirming the classification and assessment⁴⁷ of the goods, submitting the effective declaration forms, and paying the taxes and fees or going through other customs formalities, Party B may apply in advance to the customs for formalities of examination and release, except the imports and exports restricted by regulations and those which can not be guaranteed according to laws and administrative regulations. Party B shall bring forward supplementary⁴⁸ documents or information, pay supplementary taxes or go through other supplementary customs formalities within the time limit prescribed by the customs.

　　Article 8 (Self Declaration and Declaration with Entrustment) Party B may go through customs declaration and tax payment formalities by itself/himself, or entrust³⁸ the customs declaration companies approved to be registered at the customs to conduct the formalities of customs declaration and tax payment. If Party B entrusts⁴⁹ deputies with the "customs declaration in advance", it shall transfer its entrustment through Network 17999 to China Electronic Ports in accordance with customs rules, and sign in electronic form on the declaration forms prepared by the deputies. If Party B entrusts deputies with the "release on guarantee", it shall transfer its entrustment through Network 17999 to China Electronic Ports in accordance with customs rules, and sign and stamp on the List of Imports (Exports) Released on Guarantee. Party B shall bear all its deputies' obligations of paying taxes and going through customs clearance formalities, and bear the corresponding legal liabilities.

　　Article 9 (Party B's Fundamental Obligations) Party B shall put emphasis on law-abiding consciousness, observe the customs rules and regulations, perform various undertakings, cooperate with the customs in examination, be strict with internal management, enhance supervision on its entrusted companies engaged in declaration, transport, warehouse, etc., and guard against smuggling activities carried out by internal and external personnel who take the advantage of the convenience provided by Party A. If Party B finds that the imported or exported goods are not in accordance with the particulars furnished in customs declaration during the process of loading, storage and manufacture, it shall report immediately to the customs and go through the supplementary custom formalities.

　　Article 10 (Management of Account Books and Materials) Party B shall establish, work out and keep account books, accounting⁵⁰ vouchers⁵¹, fiscal⁵² statement and other accounting documents in accordance with law, and ensure their verity, accuracy and completeness in recording⁵³ and reflecting the relevant aspects of the imported and exported goods; it shall keep well the customs declaration documents, import and export permit, contracts, original receipts and other relevant documents concerning the imported and exported goods to be ready for the customs' examination. If Party B keeps accounts by computer, it shall provide Party A with the accounting software, users' book and other relevant documents; it shall open its computer accounting system to Party A for examination and ratification.

　　Article 11 (Obligation of Reporting on Economic Condition) If Party B's operating or economic condition changes enormously due to recombination, liquidation⁵⁴, deteriorating⁵⁵ fiscal status, etc., or if it is punished by relevant law enforcement organizations due to violation of laws, regulations and rules, it shall report to Party A in time.

　　Article 12 (Suspension and Renewal of Speedy Customs Formalities) If Party B is under any of the following circumstances, Party A is entitled to suspense⁵⁶ Party B's application of one or several items of the speedy customs formalities confirmed in this Letter of Guarantee.

　　(1) Does not establish, work out or keep the relevant account books or documents or make untrue record with disordered management;

　　(2) Does not go through supplementary customs formalities within the customs' prescribed time limit;

　　(3) Lends its appropriative IC card specially⁵⁷ used for customs declaration to others or lets its IC card used by others as their own;

　　(4) Does not immediately report to Party A when it loses its IC card specially used for declaration;

　　(5) Is behind in payment of taxes or does not implement⁵⁸ customs' punishment;

　　(6) Misuses⁵⁹ its IC card specially used for declaration due to its disordered internal management, and commits serious mistakes in customs declaration for many times;

　　(7) Its credit or fiscal status deteriorates⁶⁰ seriously.

　　If Party B has made rectification⁶¹ or improvement within a prescribed time limit, Party A shall renew its application of various speedy customs formalities confirmed in this Letter of Guarantee.

　　Article 13 (Recall of Speedy Customs Formalities) If Party B is under any of the following circumstances, Party A shall be entitled to recall Party B's application of one or several items of speedy customs formalities:

　　(1) Smuggles⁶²;

　　(2) Violates the customs supervision rules and the circumstances are serious;

　　(3) Does not make rectification or improvement within the prescribed time limit after suspension of application of one or several items of speedy customs formalities confirmed in this Letter of Guarantee;

　　Party A shall not accept any of Party B's application of speedy customs formalities within 6 months from the customs' decision of punishment.

　　Article 14 (General Guarantee) Party B shall carry out this Letter of Guarantee in earnest, and shall undertake to the customs all its obligations of payment of taxes and fines, seizure⁶³ of goods and recovery of money with all of its assets, if it is behind in payment or does not implement the customs' administrative punishment.

　　Article 15 (Other Legal Liabilities) The implementation⁶⁴ of this Letter of Guarantee shall not exclude Party B from undertaking³² any other liabilities and responsibilities prescribed by laws, administrative regulations and customs rules.

　　Article 16 (Taking effect of This Letter of Guarantee) This Letter of Guarantee shall take effect upon the date (__ Year ___ Month ___ Day) when it is signed and stamped by two parties and accepted for record by the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation. (This Letter of Guarantee shall be valid upon the date (___ Year ___ Month ___ Day) when it is signed and stamped by two parties and approved by the General Administration of Customs and the Ministry of Foreign Trade and Economic Cooperation.)

　　Article 17 (Effective Time and Renewal of this Letter of Guarantee) This Letter of Guarantee shall be valid for one year from its effective date. If the two parties do not put forward any termination of this Letter of Guarantee, its effective time shall be renewed automatically, one year for one renewal.

　　Article 18 (Rule of Exception) Within the effective time of this Letter of Guarantee, if any changes of laws, administrative regulations and customs rules and norms directly affect the implementation of the provisions of this Letter of Guarantee, the laws, administrative regulations, customs rules and norms shall be observed first. The two parties shall negotiate to modify this Letter of Guarantee in time in accordance with the above provisions.

　　Article 19 (Copies of Letter of Guarantee and Keeping of Them) This Letter of Guarantee is quintuplicate with the same legal effect. The General Administration of Customs, the Ministry of Foreign Trade and Economic Cooperation, the Commission (Department, Bureau) of Foreign Trade and Economic Cooperation, and the two parties shall all keep one copy respectively.

　　Party A: (Seal) Party B: (Seal)

　　Representative:(Signature) Representative: (Signature)

　　Date: Date:

上一篇：最高人民法院关于审理涉及计算机网络域名民事纠纷案件适用法律若 下一篇：国务院关于修改《中华人民共和国中外合资经营企业法实施条例》的