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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II QUALIFICATIONS FOR INSPECTION AND QUARANTINE REPORTERS CHAPTER III REGISTRATION OF INSPECTION AND QUARANTINE REPORTERS CHAPTER IV DUTIES OF THE INSPECTION AND QUARANTINE REPORTERS CHAPTER V SUPERVISION AND ADMINISTRATION CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present provisions are formulated in accordance with the Law of the People's Republic of China on Import and Export Commodity Inspection and the regulations for its implementation, the Law of the People's Republic of China on Entry-Exit Animal and Plant Quarantine and the regulations for its implementation, the Frontier Health Quarantine Law of the People's Republic of China and the detailed rules for its implementation, the Food Hygiene Law of the People's Republic of China and other laws and regulations with a view to strengthening the administration of entry-exit inspection and quarantine reporters (hereinafter referred to inspection and quarantine reporters), regulating the reporting acts of the inspection and quarantine reporters and maintaining the normal order of inspection and quarantine report. Article 2. Inspection and quarantine reporters mentioned in the present provisions shall mean those who have acquired the qualifications stipulated by the State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to the SAQSIQ), who are registered in the entry-exit inspection and quarantine institutions established by the SAQSIQ in all places (hereinafter referred to inspection and quarantine institutions), and who handle the business of entry-exit inspection and quarantine report (hereinafter referred to inspection and quarantine report business). Article 3. The SAQSIQ shall be in charge of the administration of inspection and quarantine reporters through out the country. The inspection and quarantine institutions shall be responsible for the qualifications examination and registration of the inspection and quarantine reporters, and for the daily administration and regular verification. Article 4. An inspection and quarantine reporter shall, when carrying out the inspection and quarantine report business, abide by the laws and regulations on entry-exit inspection and quarantine and other relevant provisions, and shall bear the corresponding legal liabilities. CHAPTER II QUALIFICATIONS FOR INSPECTION AND QUARANTINE REPORTERS Article 5. A system of uniform national examination for the qualifications for inspection and quarantine reporters shall be applied. The measures for the uniform national examination for the qualifications for inspection and quarantine reporters shall be separately formulated by the SAQSIQ. Article 6. A person who attends the examination for the qualifications for inspection and quarantine reporters shall meet the following conditions: (1) being over the age of 18, and having complete capacity of civil conduct; (2) being a person of good character and conduct; (3) having an educational record of high school or secondary specialized or technical school; and (4) other conditions provided for by the SAQSIQ. Article 7. A person who has passed the qualifications examination may obtain the "Certificate for the Qualifications for Inspection and Quarantine Reporters". If he fails to carry out the inspection and quarantine report business within 2 years, his "Certificate for the Qualifications for Inspection and Quarantine Reporters" shall be automatically invalidated. CHAPTER III REGISTRATION OF INSPECTION AND QUARANTINE REPORTERS Article 8. A person may not apply for being registered as an inspection and quarantine reporter until he has obtained the "Certificate for the Qualifications for Inspection and Quarantine Reporters". Article 9. The registration of an inspection and quarantine reporter shall be made by the enterprise that has been registered in an inspection and quarantine institution and that has obtained the code of the inspection and quarantine reporting entity. The enterprise shall file the application to the inspection and quarantine institution at the locality of registration, and shall submit the following documents: (1) the application letter for being registered as an inspection and quarantine reporter; (2) the registration certificate of the enterprise where the inspection and quarantine reporter is to be appointed, and which is issued by the inspection and quarantine institution; (3) the "Certificate for the Qualifications for Inspection and Quarantine Reporters" of the inspection and quarantine reporter to be appointed; and (4) other documents of proof required by the inspection and quarantine institution. Article 10. The inspection and quarantine institution shall verify the submitted documents, and shall make a registration and issue the "Inspection and Quarantine Reporter's Certificate" if the documents are verified to be qualified. Article 11. The "Inspection and Quarantine Reporter's Certificate" is the identification document for the inspection and quarantine reporter to handle the inspection and quarantine report business, and shall not be lent or altered. He who has not obtained the "Inspection and Quarantine Reporter's Certificate" shall not carry out the inspection and quarantine report business. Article 12. When an inspection and quarantine reporter is appointed to another local enterprise, he shall, with the documents of proof by the accepting enterprise, go through the modification formalities in the inspection and quarantine institution which issued the certificate. If he is appointed to an enterprise at a different place, he shall go through the cancellation formalities in the inspection and quarantine institution at the place where he is from, and shall bring the proof of cancellation to make a new registration in the inspection and quarantine institution at the place where the accepting enterprise is located. Upon approval, he may be issued a new "Inspection and Quarantine Reporter's Certificate" by this inspection and quarantine institution. Article 13. An inspection and quarantine reporter in an inspection and quarantine report agency shall not handle the work of inspection and quarantine report concurrently in two or more inspection and quarantine report agencies at the same time. An inspection and quarantine reporter in a self-supported inspection and quarantine reporting entity shall not handle the work of inspection and quarantine report concurrently in two or more self-supported entities. Article 14. Where an inspection and quarantine reporter loses his "Inspection and Quarantine Reporter's Certificate", he shall, within 7 days, submit an explanation to the inspection and quarantine institution which issued the certificate, and shall announce the invalidation of the lost certificate on the newspaper. If the certificate is still within the validity period, the inspection and quarantine institution shall issue a supplemented one. However, the inspection and quarantine reporter shall not handle the inspection and quarantine report business before the supplemented "Inspection and Quarantine Reporter's Certificate" is issued. Article 15. In case of any of the following circumstances, the enterprise where the inspection and quarantine reporter works shall take back the "Inspection and Quarantine Reporter's Certificate" and turn it in to the local inspection and quarantine institution, and shall apply in written form for canceling the "Inspection and Quarantine Reporter's Certificate": (1) the inspection and quarantine reporter no longer handles the inspection and quarantine report business; (2) the enterprise has ceased its inspection and quarantine report business due to certain reasons; or (3) the enterprise has dismissed the inspection and quarantine reporter. The legal liabilities due to the failure to cancel the "Inspection and Quarantine Reporter's Certificate" shall be borne by the enterprise where the inspection and quarantine reporter works. CHAPTER IV DUTIES OF THE INSPECTION AND QUARANTINE REPORTERS Article 16. An inspection and quarantine reporter shall handle the inspection and quarantine report business on behalf of the enterprise where he works in accordance with the law. The inspection and quarantine reporter is entitled to refuse to handle the inspection and quarantine report business assigned by the said enterprise with false documents and in incomplete procedures. Article 17. An inspection and quarantine reporter shall be responsible to the enterprise where he works, shall accept the directions and supervision by the inspection and quarantine institution, and shall do the following duties: (1) to abide by the relevant laws and regulations and provisions on inspection and quarantine; (2) to, when handling the inspection and quarantine report business, strictly provide genuine data as well as complete and effective documents in accordance with the provisions, and to accurately and clearly fill out the inspection and quarantine report list, and also pay the relevant fees within the stipulated time; (3) to attend the trainings held by the inspection and quarantine institution related to the inspection and quarantine report business; (4) to assist the enterprise where he works in entirely preserving the various inspection and quarantine report documents, invoices, letters, faxes, etc.; and (5) to assume other work related to the inspection and quarantine report business. CHAPTER V SUPERVISION AND ADMINISTRATION Article 18. An inspection and quarantine institution shall be responsible for the professional trainings for, and the daily administration and regular verification of the inspection and quarantine reporters it has registered. Article 19. An inspection and quarantine institution shall apply a system of registering errors in respect of the administration of the inspection and quarantine reporters. Article 20. The validity period of an "Inspection and Quarantine Reporter's Certificate" shall be 2 years. The inspection and quarantine reporter shall, in 1 month before the expiry date, submit an application letter for verification to the inspection and quarantine institution that issued the certificate. Article 21. An inspection and quarantine institution shall verify the inspection and quarantine reporters in combination with the records on daily inspection and quarantine report. For an inspection and quarantine reporter who has been verified to be qualified, the validity period of his "Inspection and Quarantine Reporter's Certificate" may be extended for 2 years. For an inspection and quarantine reporter who has been verified to be unqualified, he shall attend the trainings organized by the inspection and quarantine institution on the inspection and quarantine report business, and after he has passed the examination, the validity period of his "Inspection and Quarantine Reporter's Certificate" may be extended for 2 years. For an inspection and quarantine reporter who has neither applied for verification or is verified to be unqualified, nor passed the examination after the trainings, the validity period of his "Inspection and Quarantine Reporter's Certificate" shall not be extended. Article 22. Where an inspection and quarantine reporter has committed any of the following acts, his qualifications for inspection and quarantine report shall be suspended by the inspection and quarantine institution for 3 months or 6 months: (1) failing to implement Article 17 of the present provisions, and the circumstance is serious; (2) making erroneous inspection and quarantine reports for 3 or more times within 1 year, and the circumstance is serious; or (3) re-lending or altering the inspection and quarantine reporter's certificate. Article 23. Where an inspection and quarantine reporter has committed any of the following acts, the inspection and quarantine institution shall cancel his qualifications for inspection and quarantine report, and revoke his "Inspection and Quarantine Reporter's Certificate": (1) untruthfully making the inspection and quarantine report, and thus causing severe consequence; (2) providing false contracts, invoices, bills of lading or other documents; (3) forging, buying, selling, stealing or altering customs release proof on inspection and quarantine, inspection and quarantine certificates, stamps, marks, seal indications, and quality certification marks; or (4) other acts in violation of the laws or regulations on inspection and quarantine, and the circumstance is serious. Article 24. Where an inspection and quarantine reporter violates the laws and regulations in other aspects in the activities of the inspection and quarantine report, he shall be punished in accordance with the relevant laws and regulations. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 25. The "Certificate for the Qualifications for Inspection and Quarantine Reporters" and the "Inspection and Quarantine Reporter's Certificate" shall be uniformly printed and produced by the SAQSIQ. Article 26. The responsibility to interpret the present provisions shall remain with the SAQSIQ. Article 27. The present provisions shall come into force as of January 1, 2003. |
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