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REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON CUSTOMS TITLES
 
(Order of the President of the People's Republic of China (No.85 [2003]), February 28, 2003: Regulations of the People's Republic of China on Customs Titles, which were adopted at the 32nd Session of the Standing Committee of the Ninth National People's Congress on February 28, 2003, are hereby promulgated and shall come into force on the day of their promulgation)
     
     
SUBJECT : CUSTOMS TITLES
ISSUING DEPARTMENT : THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 02/28/2003
IMPLEMENT DATE : 02/28/2003
LENGTH : 1,187 words
TEXT :
TABLE OF CONTENTS

CHAPTER I GENERAL PROVISIONS
CHAPTER II SETUP OF CUSTOMS TITLES
CHAPTER III CONFERMENT OF CUSTOMS TITLES
CHAPTER IV PROMOTION OF CUSTOMS TITLES
CHAPTER V RESERVATION, DEMOTION AND CANCELLATION OF CUSTOMS TITLES
CHAPTER VI SUPPLEMENTARY PROVISIONS


CHAPTER I GENERAL PROVISIONS

Article 1. In order to strengthen the building of customs team, to enhance the customs functionaries' sense of responsibility, honor and discipline, and to facilitate the customs functionaries to perform their duties pursuant to law, these Regulations are enacted in accordance with the Constitution.


Article 2. The customs shall apply the system of customs titles. Customs titles may be conferred on the state civil servants of the General Administration of Customs, sub-administrations of customs, accredited representative's offices, direct-affiliated customs, subordinate customs and offices.

The smuggle-suppressing police of customs shall be subject to the system of police titles of the people's police.


Article 3. Customs titles are the titles and symbols to distinguish the ranks of and to show the identities of the customs functionaries, and are the honors the state confers on the customs functionaries.


Article 4. Customs functionaries shall be subject to the customs titles established on the basis of post ranks.


Article 5. Customs functionaries with higher customs titles shall be the superiors to those with lower customs titles. Where a customs functionary with a higher customs title is subordinate, in terms of post, to one with a lower customs title, the one with the higher post rank shall be the superior.


Article 6. The General Administration of Customs (GAC) shall be in charge of the work of customs titles.



CHAPTER II SETUP OF CUSTOMS TITLES

Article 7. Customs titles are classified into the following 5 ranks and 13 grades:

(1) Customs Commissioner, Customs Deputy Commissioner;

(2) Customs Overseer: Grade One, Grade Two, Grade Three;

(3) Customs Supervisor: Grade One, Grade Two, Grade Three;

(4) Customs Inspector: Grade One, Grade Two, Grade Three;

(5) Customs Officer: Grade One, Grade Two.


Article 8. Customs functionaries shall be subject to the customs titles established on the basis of the following post ranks:

(1) Chief position at the administration level: Customs Commissioner;

(2) Deputy position at the administration level: Customs Deputy Commissioner;

(3) Chief position at the bureau level: Grade One Customs Overseer to Grade Two Customs Overseer;

(4) Deputy position at the bureau level: Grade Two Customs Overseer to Grade Three Customs Overseer;

(5) Chief position at the division level: Grade Three Customs Overseer to Grade Two Customs Supervisor;

(6) Deputy position at the division level: Grade One Customs Supervisor to Grade Three Customs Supervisor;

(7) Chief position at the section level: Grade Two Customs Supervisor to Grade Two Customs Inspector;

(8) Deputy position at the section level: Grade Three Customs Supervisor to Grade Three Customs Inspector;

(9) Position of staff member: Grade One Customs Inspector to Grade One Customs Officer;

(10) Position of office clerk: Grade Two Customs Inspector to Grade Two Customs Officer.



CHAPTER III CONFERMENT OF CUSTOMS TITLES

Article 9. Customs titles shall be conferred on the basis of the customs functionaries' current posts, demonstration of ethic and talent, time of tenancy and time of employment.


Article 10. Where the customs admits by examination or employs customs functionaries, or transfers customs functionaries from other departments, it shall confer the corresponding customs titles to the functionaries after determining their positions.


Article 11. Conferment of customs titles shall be approved in accordance with the following limits of authorities:

(1) Conferment of Customs Commissioner, Customs Deputy Commissioner, Grade One Customs Overseer, and Grande Two Customs Overseer shall be approved by the Prime Minister of the State Council;

(2) Conferment of Grade Three Customs Overseer to Grade Three Customs Supervisor shall be approved by the Director of GAC;

(3) Conferment of Grade One Customs Inspector and the lower titles of the departments and agencies of GAC shall be approved by the Director of the Political Department of GAC; and

(4) Conferment of Grade One Customs Inspector and the lower titles of the direct-affiliated customs and subordinate customs shall be approved by the directors of the direct-affiliated customs.



CHAPTER IV PROMOTION OF CUSTOMS TITLES

Article 12. Customs functionaries of Grade Two Customs Supervisor and the lower titles shall be promoted according to the following periods within the range of the customs titles based on their posts:

From Grade Two Customs Officer to Grade One Customs Inspector, one grade every three years;

From Grade One Customs Inspector to Grade One Customs Supervisor, one grade every 4 years.


Article 13. If the customs functionaries of Grade Two Customs Supervisor and the lower titles meet the conditions for promotion upon assessment when the period for promotion expires, they shall be promoted grade by grade; promotion shall be deferred for those failing to meet the conditions. Those with outstanding achievements in work may be promoted in advance upon approval.


Article 14. Customs functionaries of Grade One Customs Supervisor and the higher titles shall be promoted on a selective basis, within the range of the customs titles based on their post ranks, according to their demonstration of ethics and talent and their actual achievements.


Article 15. Where a customs functionary's post is promoted, but his/her customs title is lower than the lowest customs title of the titles based on the new post rank, he/she shall be promoted to that lowest customs title.


Article 16. In case of promotion from Customs Officer to Customs Inspector, from Customs Inspector to Customs Supervisor, and from Customs Supervisor to Customs Overseer, the persons must receive training and be qualified before they may be promoted.


Article 17. Limits listed in the Article 11 of this Regulation apply to the approval authority of title promotion.



CHAPTER V RESERVATION, DEMOTION AND CANCELLATION OF CUSTOMS TITLES

Article 18. After retirement, customs functionaries may reserve their customs titles, but may not wear the symbols.

In case of transfer, resign or dismissal, customs functionaries may not reserve their customs titles.


Article 19. Where a customs functionary is demoted to a lower post for incompetence for the current post, if his/her customs title is higher than the highest title of the titles based on the new post rank, he/she shall be demoted to that highest title. The authority for approval of demotion of customs title is the same as that for approval of the original customs title.


Article 20. Where a customs functionary is given the administrative sanctions e.g. demotion or removal from the post, his/her customs title shall be demoted accordingly. The authority for approval of the demotion of customs title shall be the same as that for approval of the original customs title. Where a customs title is demoted, the period for promotion shall be calculated anew according to the demoted customs title.

Demotion of customs title shall not be applied to Grade Two Customs Officer.


Article 21. If a customs functionary is given the administrative sanction of dismissal, or is deprived of political rights or is given a criminal punishment heavier than fixed-term imprisonment, his/her customs title shall be cancelled, and no approval formalities are required.

The preceding paragraph shall be applicable to retired customs functionaries who commit crimes.



CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 22. The patterns and methods of wearing the symbols of customs titles shall be provided for by the State Council.


Article 23. These Regulations shall come into force on the day of their promulgation.
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