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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ADMINISTRATION OF ARCHIVING CHAPTER III CUSTOMS SURVEILLANCE AND CONTROL CHAPTER IV LEGAL LIABILITIES CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Measures are formulated in accordance with the "Customs Law of the People's Republic of China" and other relevant laws and administrative regulations in order to regulate the administration of enterprises of highway freight between the Inland and Hong Kong/Macao as well as their vehicles and drivers. Article 2. The following terms in these Measures shall have their meanings as follows: (1) Enterprises of highway freight between the Inland and Hong Kong/Macao (hereinafter referred to freight enterprises), shall mean the enterprises engaging in highway freight business between the Inland and Hong Kong/Macao, which have been archived in the customs in accordance with these Measures, including professional transport enterprises and production enterprises; (2) Highway freight vehicles traveling between the Inland and Hong Kong/Macao (hereinafter referred to freight vehicles), shall mean the highway freight vehicles traveling between the Inland and Hong Kong/Macao, which have been archived in the customs in accordance with these Measures, including vehicles of professional transport enterprises and vehicles of production enterprises for their own use; (3) Drivers of highway freight vehicles traveling between the Inland and Hong Kong/Macao (hereinafter referred to drivers), shall mean the drivers driving the vehicles mentioned in Item (2) of this Article, who have been archived in the customs in accordance with these Measures. Article 3. The customs applies network archiving administration to the freight enterprises, and their vehicles and drivers. The archiving, modification archiving, nullification archiving, annual examination, etc. of freight enterprises, their vehicles and drivers, as well as the relevant follow-up administration, shall be handled by the directly subordinate customs at the place of entry or exit or its authorized subordinate customs in accordance with these Measures. CHAPTER II ADMINISTRATION OF ARCHIVING Article 4. A freight enterprise shall, when applying for being archived, submit the following documents to the directly subordinate customs at the place of entry or exit or its authorized subordinate customs: (1) "Application Form of the Enterprise of Freight between the Inland and Hong Kong/Macao for Being Archived" (See Attachment 1); (2) Approval document issued by the competent government authority; (3) A photocopy of the "Business License of the Enterprise Legal Person" or the "Business License", which was ratified and issued by the administration for industry and commerce; (4) A photocopy of the "Organization Code Certificate of the People's Republic of China" ratified and issued by the technical supervision department; (5) A professional freight enterprise shall submit a photocopy of the "Highway Transport Operation Permit" ratified and issued by the traffic administration department; while a production enterprise shall submit a photocopy of the "Registration Certificate of the Enterprise Handling Customs Declaration by Itself" ratified and issued by the customs; and (6) A guaranty letter issued by a bank or non-bank financial institution and confirmed by the customs. The enterprise shall, when submitting photocopies of the documents prescribed in Items (3) through (5) of this Article, present the original copies for the customs' check. Article 5. When a vehicle is archived, the party concerned shall submit the following documents to the directly subordinate customs at the place of entry or exit or its authorized subordinate customs: (1) "Archiving Registration Form of the Freight Vehicle and the Driver Traveling between the Inland and Hong Kong/Macao" (see Attachment 2); (2) "Recording Form on Customs Inspections of the Freight Vehicles Traveling between the Inland and Hong Kong/Macao" (hereinafter referred to the "Recording Form on Inspections of the Vehicle", see Attachment 3) or the vehicle inspection report issued by the vehicle inspection office of the traffic administrative division of the public security organ and confirmed by the customs; (3) Customs sheet of the "Notice on Approval of the Entry and Exit of the Vehicle or Driver" ratified and issued by the traffic administrative division of the public security organ; (4) A photocopy of the "Motor Vehicle Driving Permit" (hereinafter referred to "Driving Permit") ratified and issued by the traffic administrative division of the public security organ; and (5) 4 color photos of the vehicle meeting the requirements of the customs (among which, 2 shall be shot from an angle of 45 degrees to the left front of the vehicle and may clearly indicate the gasoline tank and the vehicle plate for traveling between Guangdong and Hong Kong/Macao; the other 2 shall be shot from an angle of 45 degrees to the back side and may clearly indicate the vehicle plate for traveling between Guangdong and Hong Kong/Macao; all the color photos shall be at the size of 4 x 3 cun). With respect to a vehicle of entry and exit whose vehicle registration certificate was obtained in Hong Kong/Macao region (hereinafter referred to vehicle from Hong Kong/Macao), the party concerned shall meanwhile submit a photocopy of the vehicle registration document issued by the relevant government administration authority outside the Inland of China. With respect to a vehicle of entry and exit whose vehicle registration certificate was obtained in the Inland (hereinafter referred to vehicle from the Inland), the party concerned shall meanwhile submit a photocopy of the "Motor Vehicle Registration Certificate". For a vehicle carrying dangerous articles, the party concerned shall meanwhile submit a photocopy of the approval document issued by the competent authority. For a vehicle from Hong Kong/Macao, the party concerned shall meanwhile submit the "Declaration Form for Archiving and Inspection upon Temporary Entry of the Vehicle from Hong Kong/Macao" (hereinafter referred to the "Declaration Form for Inspection of the Vehicle upon Temporary Entry", see Attachment 4). A production enterprise shall, for a vehicle for its own use, meanwhile submit a photocopy of its "Registration Certificate of the Enterprise Handling Customs Declaration by Itself". The party concerned shall, when submitting photocopies of the documents prescribed in Item (4) of Paragraph 1, and Paragraphs 2, 3 and 5 of this Article, meanwhile present the original copies for the customs' check, in addition. Article 6. A freight vehicle shall be a container van or a container towing vehicle, and shall meet the following conditions: (1) The vehicle type, brand, vehicle body color, motor number, vehicle body number, vehicle plate number, etc. shall be consistent with the contents listed in the certificate ratified and issued by the traffic administrative division of the public security organ. (2) The standards for surveillance and control of the boxcar of the container van shall conform to the relevant provisions in Attachment 1 of the "Measures of the Customs of the People's Republic of China for Surveillance and Control of Containers and Container Vans Carrying Goods Subject to Customs Surveillance and Control"; if a side door is in particular need, it shall be approved by the customs, and meet the requirements for customs surveillance and control; (3) An electronic lock of the customs shall be used on a container van or a container towing vehicle, which may be installed with on-vehicle communication devices meeting the requirements of the customs; and (4) Devices such as the gasoline tank and spare tire, etc. of a vehicle shall follow the configuration set at the time when the vehicle left the factory, and none of the devices shall be discretionally changed, nor any further part be added. Article 7. Upon approval by the customs, a van carrying goods in bulk may be used as a freight vehicle from Hong Kong/Macao to carry goods in bulk which cannot be sealed such as super mechanical equipment or living aquatic products, and so on. Article 8. When a driver (or driver in support) is archived, he shall submit the following documents to the directly subordinate customs at the place of entry or exit or its authorized subordinate customs: (1) The "Archiving Registration Form of the Freight Vehicle and the Driver Traveling between the Inland and Hong Kong/Macao"; (2) The customs sheet of the "Notice on Approval of the Entry and Exit of the Vehicle or Driver"; (3) A photocopy of the "Motor Vehicle Driver's License" (hereinafter referred to driver's license) ratified and issued by the traffic administrative division of the public security organ; (4) A photocopy of the driver's ID card, Inland re-entry permit or passport; and (5) 2 color photos of the driver (size: big 1 cun, bare headed, and with red background). The driver shall, when submitting photocopies of the documents in Items (3) and (4) of this Article, meanwhile present the original copies for customs' check. Article 9. To a freight enterprise which has been archived in the customs, the customs shall ratify and issue the "Registration Certificate on Archiving of the Freight Enterprise Traveling between the Inland and Hong Kong/Macao" (hereinafter referred to the "Registration Certificate on Archiving of the Freight Enterprise", see Attachment 5); To a freight vehicle or driver that has been archived in the customs, the customs shall ratify and issue the "Visa Book for the Vehicle to Travel between the Inland and Hong Kong/Macao" (hereinafter referred to "Visa Book", see Attachment 6) and the customs clearance certificate used for proving the facts of entry and exit on the driver and the goods carried. Article 10. If the "Registration Certificate on Archiving of the Freight Enterprise", "Visa Book" or customs clearance certificate needs to be replaced, the party concerned may hold the original copy to apply to the archiving customs for re-issuance; in case it is damaged or lost, the party concerned shall timely report to the archiving customs, who shall issue a new one after verifying the facts. Article 11. The customs applies an annual examination system to the freight enterprises, vehicles and drivers. At the time of annual examination, the customs shall emphatically verify the enterprises' and drivers' abidance by law in the current year, and check the vehicles and boxcars in accordance with Article 6 of these Measures. Article 12. A freight enterprise needs to submit the following documents at the time of annual examination: (1) The "Report on Annual Inspection of the Freight Enterprise Traveling between the Inland and Hong Kong/Macao" (see Attachment 7); (2) The original copy of the "Registration Certificate on Archiving of the Freight Enterprise"; and (3) Approval documents from the competent government authority on approving the establishment of the enterprise or its duration to be extended. Article 13. At the time of annual examination of a freight vehicle or driver, the party concerned needs to submit the following documents: (1) The "Report on Annual Inspection of the Vehicle or Driver Traveling between the Inland and Hong Kong/Macao" (see Attachment 8); (2) The original copy of the "Visa Book"; (3) The "Recording Form on Inspections of the Vehicle", or the vehicle inspection report issued by a vehicle inspection office of the traffic administrative division of the public security organ accredited by the customs; (4) The customs sheet of the "Notice on Approval" of the extension of period, which is ratified and issued by the traffic administrative division of the public security organ; and (5) The customs clearance certificate ratified and issued by the customs. Article 14. Where the body or boxcar of a vehicle needs to be rebuilt, the party concerned shall apply to the archiving customs. Upon consent by the customs, the relevant matters may be handled in accordance with Article 6 of these Measures and the "Measures of the Customs of the People's Republic of China for Surveillance and Control of Containers and Container Vans Carrying Goods Subject to Customs Surveillance and Control". After the rebuilt vehicle has been re-inspected and ratified by the archiving customs, the customs shall take back the "Visa Book" and customs clearance certificate of the former vehicle, nullify the archived information on the former vehicle, re-ratify it in accordance with Article 5 of these Measures for archival purposes, and issue a new "Visa Book" and customs clearance certificate. Article 15. Where a freight enterprise modifies its name, port of entry and exit, or its vehicle or driver, etc., it shall hold the approval document of the relevant competent government authority and other relevant documents, and go to the archiving customs for modification archiving. Article 16. Where a freight enterprise, vehicle or driver suspends or ceases the entry and exit transport business within the archived validity period, it/he shall report to the customs. The customs shall take back the "Visa Book" and customs clearance certificate, and suspend or nullify the relevant archived information. After the customs formalities of a vehicle from Hong Kong/Macao have been completed and the said vehicle has departed from the Inland, the customs shall handle the suspension or nullification formalities. CHAPTER III CUSTOMS SURVEILLANCE AND CONTROL Article 17. A freight vehicle shall be driven by a driver archived in the customs, and may, under particular circumstances, be driven by a driver in support. The driver shall, pursuant to the route designated and the time limit prescribed by the customs, carry the entire goods to the designated place of surveillance and control, and guarantee that the carrying vehicle, the seal mark attached by the customs, the customs surveillance and control equipment, and the boxcars containing goods be in good condition. Article 18. When a freight vehicle is entering or exiting the Inland, the enterprise or the driver shall truthfully declare the entry or exit according to the provisions of the customs, submit documents for inspection, and accept the surveillance and inspection conducted by the customs. Where a vehicle carrying goods under the customs' surveillance and control is driving from one customs area to another customs area, the enterprise or driver shall, pursuant to the requirements on customs surveillance and control, go through the procedures for transfer of customs. Article 19. When the customs is inspecting a vehicle of entry or exit and the goods it carries, the driver shall be present, open the vehicle doors as required by the customs, move the goods, as well as unseal, reseal and pack them. Article 20. After a freight vehicle finishes transporting the goods of the current batch, the original driver shall drive the original vehicle to exit. If the driver and the vehicle need to exit separately due to a certain reason, they shall be consented to by the customs at the place where they are archived or the customs at the place of exit. A vehicle from Hong Kong/Macao shall, after entering the Inland, exit within 3 months. Under particular circumstances, and upon the consent of the customs, the time limit for exit may be properly extended within the validity period for archiving the vehicle. Article 21. In case a vehicle from Hong Kong/Macao (including the container towing frame and the container) has entered the Inland, it may not be transferred or diverted to other use inside the Inland before the consent is obtained from the customs and the customs declaration and duty payment formalities have been completed. Article 22. The spare materials for a vehicle of entry and exit and the articles carried by the driver shall be within a reasonable limit for consumption during the travel. In case the said limit is exceeded, the party concerned shall truthfully declare the fact to the customs. Article 23. Without permission of the customs, no one may dismantle or install any monitoring equipment on the means of transport for customs surveillance and control, including the customs' electronic lock, on-vehicle communication devices, etc. In case it needs to be dismantled or installed due to any particular cause, the party concerned shall report to the archiving customs for consent. After the equipment for surveillance and control is dismantled or installed, the party concerned shall report to the archiving customs for verification. Article 24. A freight enterprise or a driver shall appropriately keep his "Visa Book" and customs clearance certificate, and may not lend or transfer it to others, or alter or intentionally damage it. Article 25. The container carried by a container towing vehicle shall meet standards prescribed in the "Measures of the Customs of the People's Republic of China for Surveillance and Control of Containers and Container Vans Carrying Goods Subject to Customs Surveillance and Control". Article 26. Where, due to a particular reason, a vehicle needs to be replaced during its travel inside the Inland or a driver needs to be replaced, the driver or the freight enterprise shall immediately report to the nearby customs for replacement under the customs surveillance and control. The nearby customs shall timely notify such replacement to the customs at the place of entry, the customs at the place of consignment of the goods, and the customs of exit. Article 27. Where the goods under customs surveillance and control are damaged or lost during the transport inside the Inland, the driver or the freight enterprise shall report to the nearby customs immediately. Unless it is due to force majeure, the freight enterprise shall bear the taxes and other legal liabilities accordingly. CHAPTER IV LEGAL LIABILITIES Article 28. Whoever violates these Measures, and constitutes smuggling or an act in violation of customs surveillance and control, shall be punished by the customs in accordance with the "Customs Law of the People's Republic of China", the "Detailed Rules of Administrative Penalties for the Implementation of the Customs Law of the People's Republic of China" and other relevant laws and administrative regulations. If a crime is constituted, it/he shall be subject to criminal liabilities in accordance with the law. CHAPTER V SUPPLEMENTARY PROVISIONS Article 29. The vehicles and drivers of the army forces dispatched to Hong Kong and Macao shall be administered in accordance with the relevant provisions of the state. Article 30. The responsibility to interpret these Measures shall remain with the General Administration of Customs. Article 31. These Measures shall come into force on October 1, 2004. The "Measures of the Customs of the People's Republic of China for Surveillance and Control of the Vehicles Traveling between the Inland and Hong Kong/Macao and the Goods Carried" (No. 6 [88] of the General Administration of Customs) shall be repealed simultaneously. ATTACHMENTS: 1. "Application Form of the Enterprise of Freight between the Inland and Hong Kong/Macao for Being Archived" (Omitted) 2. "Archiving Registration Form of the Freight Vehicle and the Driver Traveling between the Inland and Hong Kong/Macao" (Omitted) 3. "Recording Form on Customs Inspections of the Freight Vehicle Traveling between the Inland and Hong Kong/Macao" (Omitted) 4. "Declaration Form for Archiving of and Inspection upon Temporary Entry of the Vehicle Traveling Between the Inland and Hong Kong/Macao" (Omitted) 5. "Registration Certificate on Archiving of the Freight Enterprise Traveling between the Inland and Hong Kong/Macao" (Omitted) 6. "Visa Book for the Vehicle to Travel between the Inland and Hong Kong/Macao" (Omitted) 7. "Report on Annual Inspection of the Freight Enterprise Traveling between the Inland and Hong Kong/Macao" (Omitted) 8. "Report on Annual Inspection of the Vehicle or Driver Traveling between the Inland and Hong Kong/Macao" (Omitted) |
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