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	DECISION ON AMENDING THE MEASURES OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF TRANSPORTATION ENTERPRISES UNDERTAKING THE ROAD TRANSPORTATION OF GOODS UNDER CUSTOMS SUPERVISION WITHIN THE TERRITORY OF CHINA AND THE VEHICLES AND DRIVERS THEREOF

	(Order of the General Administration of Customs of the People's Republic of China (No.121), November 30, 2004: The Decision of the General Administration of Customs on Amending the Measures of the General Administration of Customs of the People's Republic of China for the Administration of Transportation Enterprises Undertaking the Road Transportation of Goods under Customs Supervision within the Territory of China and the Vehicles and Drivers Thereof, which were deliberated and adopted at the executive meeting of the General Administration of Customs on November 16, 2004, are hereby promulgated and shall come into force as of January 1, 2005.)


SUBJECT : TRANSPORTATION OF GOODS UNDER CUSTOMS SUPERVISION WITHIN THE TERRITORY
ISSUING DEPARTMENT : GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 11/30/2004
IMPLEMENT DATE : 01/01/2005
LENGTH : 938 words
TEXT :

With a view to implementing the Administrative License Law of the People's Republic of China, changing functions, regulating the law enforcement, and strengthening administration on domestic transportation enterprises undertaking the transportation of goods under customs supervision and the customs transfer transportation business, we hereby decide to make the following amendments on part of the clauses in the Measures of the General Administration of Customs of the People's Republic of China for the Administration of Transportation Enterprises Undertaking the Road Transportation of Goods under Customs Supervision within the Territory of China and the Vehicles and Drivers Thereof according to the Decision of the State Council on Canceling the Second Batch of Items Subject to Administrative Examination and Approval and Altering the Administration Ways for a Batch of Items Subject to Administrative Examination and Approval (No.5 [2003] of the State Council):

I. Article 2 "The transportation enterprises, vehicles and drivers within the territory as mentioned in the present Measures shall refer to the enterprises, vehicles and drivers undertaking the transportation of goods under customs supervision within the territory after being registered by the customs according to the present Measures" shall be amended as "The transportation enterprises, vehicles and drivers within the territory as mentioned in the present Measures, shall refer to the enterprises, vehicles and drivers undertaking the transportation of goods under customs supervision within the territory after being registered by or put on the archives of the customs according to the present Measures."

II. Article 3 "A transportation enterprise, vehicle or driver shall go through the formalities of registration at the customs house directly under the General Administration of Customs at the locality of its own customs district" shall be amended as "A transportation enterprise or vehicle shall apply for going through registration formalities to the customs house directly under the General Administration of Customs at the locality of its own customs district, and a driver shall go through the formalities of archival filing and registration."

III. Article 4 "In case any customs house adopts online computer administration to the registration materials of transportation enterprises, vehicles and drivers, the data thereof shall be shared together, and no more formalities for archival filing at different places may be handled", shall be amended as "In case any customs house adopts online computer administration to the registration materials of any transportation enterprise or vehicle and archival filing registration materials of any driver, the data thereof shall be shared together, and no more formalities for archival filing at different places may be handled."

IV. Item (4) of Article 6 shall be deleted, item (5) shall be changed to item (4), and one item shall be added as item (5): "(5) Name lists and archival filing materials of drivers undertaking the transportation of goods under customs supervision. In case an enterprise changes its drivers, it shall go through the formalities for altering the archival filing of the drivers at the customs house in time."

V. The "A driver undertaking the transportation of goods under customs supervision shall have the following qualification conditions" in Article 11 shall be changed to "A driver undertaking the transportation of goods under customs supervision shall comply with the following conditions".

VI. Article 12 "A driver shall submit the following documents to the customs house when going through registration" shall be revised as "A driver shall submit the following documents to the customs house when going through archival filing registration"; and item (1) of this Article "Application Form for the Registration of Vehicle Drivers Undertaking the Transportation of Goods under Customs Supervision within the Territory" shall be amended as the "Archival Filing and Registration Form for Vehicle Drivers Undertaking the Transportation of Goods Under Customs Supervision within the Territory."

VII. Article 13 "The qualified drivers after the examination of customs who take part in the vocational training organized by the customs house at the place of registration shall be issued a Qualification Certificate of the People's Republic of China on Carrying Goods under Customs Supervision by Drivers within the Territory (See Attachment 5, hereinafter referred to as "Qualification Certificate)" shall be amended as the "Drivers undertaking the transportation of goods under customs supervision shall know and be familiar with the customs laws and regulations and the relevant supervision provisions, and take part in the various vocational training organized by the customs." And Annex 5 "Qualification Certificate of the People's Republic of China on Carrying Goods under Customs Supervision by Drivers within the Territory" shall be deleted respectively.

VIII. The "Qualification Certificate" as mentioned in Article 14, 16, 18, and item (5) of Article 27 shall be amended as "and other relevant certificates".

IX. The "Drivers" in Article 15 and 30 shall be deleted.

X. Article 20 "The Qualification Certificate shall be used by a driver himself, and may not be lent or transferred to others" shall be deleted.

XI. Article 29 "canceling his/its qualification for undertaking the relevant business or practicing qualification" shall be changed to "stopping him/it from undertaking relevant business".

XII. Article 32 "The present Measures shall be followed for the registration and administration" shall be changed to "The present Measures shall be followed for the administration".

In addition, the letters and serial numbers of part of the clauses shall be amended and adjusted according to this Decision.

The present Decision shall come into force as of January 1st, 2005.

The Measures of the General Administration of Customs of the People's Republic of China for the Administration of the Transportation Enterprises Undertaking the Road Transportation of Goods under Customs Supervision within the Territory of China and the Vehicles and Drivers Thereof shall be amended respectively in light of the present Decision and shall be promulgated again.