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Article 1. For the purposes of regulating the custom's handling appellate cases, protecting the legitimate rights and interests of citizens, legal persons or other organizations, ensure and supervise the customs to exercise their functions in compliance of the law, the present Provisions are formulated in accordance with the Customs Law of the People's Republic of China, Administrative Punishment Law of People's Republic of China and other relevant laws and administrative regulations. Article 2. Where a citizen, legal person or any other organization refuses to accept a concrete administrative act of the customs but fails to apply for administrative reconsideration or lodge an administrative lawsuit within the statutory time limit, or it refuses to accept the administrative reconsideration decision made by the customs but fails to lodge an administrative lawsuit within the statutory time limit, he (it) may appeal to the customs. The present Provisions shall apply to the appellants' filing appeals and the customs' accepting appeals and making decisions. Article 3. When the customs handles an appellate case, it shall follow the principle of lawfulness, impartiality, openness, timeliness and facilitating the people as well as adhere to the principle of seeking truth from facts and correcting all wrongs. Article 4. An appellant may file an appeal with the customs that made the original concrete administrative act or reconsideration decision, or with the next higher-level customs office of the aforesaid customs office. Anyone who refuses to accept a concrete administrative act or reconsideration decision made by the General Administration of Customs, he (it) shall file an appeal to the General Administration of Customs (hereinafter referred to as the GAC). Article 5. The investigation or anti-smuggling departments shall be responsible for dealing with the appellate cases relating to the concrete administrative acts of the investigation or anti-smuggling departments of the customs; the legal affairs departments shall be responsible for tackling the appellate cases relating to other concrete administrative acts and reconsideration decisions of the customs. The departments responsible for handling the above-mentioned appellate cases are hereinafter referred to as the appeal examination departments. Article 6. Where the GAC deems necessary, it may authorize the GAC, Guangdong Branch to handle the appellate cases filed with the GAC against the concrete administrative acts or administrative reconsideration decisions of the customs directly under the GAC within Guangdong Province. Article 7. Where a complaint received by a department of the customs involves the issue of lawfulness of the concrete administrative act or administrative reconsideration decision of the customs, and if it meets the appeal requirements as listed in Article 8 of the present Provisions, it shall be transferred to the appeal examination department, which shall handle it as an appellate case. Article 8. When an appellant files an appeal, he (it) shall submit written materials, which shall clearly state the basic information of the appellant, and the explicit requests, facts and reasons for withdrawing or changing the original concrete administrative act of the customs. Article 9. After the appeal examination department of the customs receives the written materials of an appellant, it shall examine them within 5 working days and shall handle the case in light of the following circumstances: (1) If the aforesaid materials meet the requirements as listed in the present Provisions, it shall accept the case, and shall make and issue a Decision on Accepting An Appeal Case; (2) If the aforesaid materials don't meet the requirements of the present provisions due to any of the following circumstances, it shall reject the case and shall inform, in writing, the appellant of the reasons for rejection: 1. The concrete administrative act or reconsideration decision isn't made by the customs; 2. The appellate matters have been accepted by the people's court or administrative reconsideration organ, and are being examined and dealt with; 3. The people's court has already made a judgment on the appellate matters; 4. The appellate matters have been accepted or settled by another customs office as an appellate case; 5. The appellate matters have been settled through the appeal procedures of the customs, the appellant makes a repeated appeal; 6. The appellant only refuses to accept the customs' administrative regulation, or provision or decision that has a general binding force; 7. The time limit as provided in the law or administrative regulation for handing the appellate matters has expired; or 8. Other reasons for rejecting a case in accordance with the law; (3) If the concrete administrative act is still within the time limit for administrative reconsideration or lawsuit, or the administrative reconsideration decision is still within the time limit for administrative lawsuit, the customs office shall timely inform the appellant that it has the right to apply for an administrative reconsideration or to lodge an administrative lawsuit in the people's court; (4) If the aforesaid appellate materials meet the requirements of the present Provisions, but the case shall be transferred to another customs office for handling, the appellate materials shall be transferred to the corresponding customs office and the appellant shall be informed in writing of the transference. The customs office that accept the transferred case shall handle it pursuant to the other provisions of this Article. Article 10. Where the customs office decides to accept an appellate case, the day when the customs appeal examination department receives the written appellate materials shall be the date of acceptance. Article 11. After the customs office accepts an appellate case, if it finds the occurrence of any of the circumstances as listed in Article 9 (2) before it makes a decision of settlement, it shall dismiss the appellate case and inform the appellant in writing. Article 12. The appeal examination department shall review whether the original administrative act or administrative reconsideration decision is lawful or not. Generally speaking, an appellate case shall be subject to a written review. At the request of the appellant or when the appeal examination department believes necessary, the appeal examination department may inquire the relevant organizations and persons about the case, consult the opinions of the appellant and the interested third parties of the appellate case as well as the opinions of original customs office or department that makes the administrative act or reconsideration decision. Where necessary, a hearing may be held in the process of investigation or consulting opinions. Article 13. Where the appeal examination department deems it necessary to inquire the customs office or department, which made the original concrete administrative act or reconsideration decision, about the appellate case, it may, within 7 working days from the day when the appellate case is accepted, send a reproduction of the appellate materials to the original customs office or department. The original customs office or department shall, within 10 days from the day when it receives them, make an explanation in writing and shall submit the relevant evidential materials on which the original concrete administrative act or reconsideration decision was based. Article 14. No person responsible for making the original concrete administrative act or reconsideration decision may act as an examiner of an appellate case. Where the appellant considers that the interest relationship or any other relationship between an examiner and the appellate case may affect the fairness of the examination, it shall be entitled to apply for the withdrawal of the said examiner. Where an examiner considers that he is an interested party of the case or has any other relationship with it, he shall apply for withdrawal. The withdrawal of an examiner shall be decided by the person-in-charge of the appeal examination department. The withdrawal of the person-in-charge of the appeal examination department shall be decided by the corresponding person-in-charge of the customs office. Article 15. Before a decision is made on the appellate case, the appellant may withdraw the appeal. A written application shall be filed for the withdrawal. If the appellant withdraws the appeal, the examination of the appellate case shall be terminated. Article 16. The customs shall, within 60 days after it accepts an appellate case, make a settlement decision. If the case is very complicated, the time limit may be extended upon approval of the person-in-charge of the appeal examination department, but the extension shall not exceed 30 days at most. The appellant shall be informed in writing of the extension of the time limit for examination. Article 17. After the customs completes the examination of an appellate case, it shall make a settlement decision in light of the following circumstances respectively: (1) If the original administrative act or reconsideration decision is based on clear findings of facts, exact and adequate proofs, proper contents, correct application of criterion, legitimate procedure and proper contents, the customs office shall decide to affirm it and shall dismiss the appellate pleadings of the appellant; (2) If the customs office fails to perform its statutory functions, it shall perform them within a time limit or order an inferior customs office to perform its statutory functions within a time limit; (3) If the original concrete administrative act is under any of the following circumstances, the customs office shall decide to revoke, modify or determine it as illegal. If it is necessary to make a new administrative act, the customs office that made the original administrative act shall make a new one: 1. The main facts are not clarified due to lack of sufficient evidence; 2. The application of criterion is wrong; 3. Violating the statutory procedures so that the fairness of settlement may be affected; 4. Exceeding or abusing its power; or 5. The concrete administrative act is apparently improper; (4) If the original reconsideration decision is under any of the following circumstances as listed in Item (3), it shall be revoked and a new one shall be made by the original reconsideration organ. Article 18. The appeal examination department shall put forward its opinions about the settlement of the appellate case, upon approval of the person-in-charge of the corresponding customs office, it shall make a settlement decision under Article 17 of the present Provisions. An important or complicated case shall be subject to the deliberation of the case examination committee. As to the original concrete administrative act or reconsideration decision made upon examination and approval of the superior customs office, the inferior customs office shall put forward its opinions about the settlement of the appellate case, then submit them, level by level, to the original examination and approval superior customs office for approval. Upon approval of the superior customs, it shall make a settlement decision. Article 19. A legal document shall be made for the settlement decision of an appellate case. It shall be affixed with the seal of customs administration and shall be served on the appellant within 7 working days. When handling the subordinate customs' administrative act or appeals, the higher customs shall inform the subordinate Customs of their decisions too. Article 20. For an appellate case transferred by another department within the same customs, a copy of the settlement decision shall be sent to the transferring department. For an appellate case transferred by another authority, a copy of the settlement decision shall be sent to that particular authority. Article 21. Where the appellant still rejects the concrete administrative act modified or a new one made during the appeal procedures, it may apply for administrative reconsideration or lodge an administrative lawsuit in pursuance of the law. Article 22. No customs may charge the appellant any fee for handling an appellant case. Article 23. After the examination over an appellate case is ended, the relevant materials concerning the appellate case shall be placed on archives. Article 24. The power to interpret the present Provisions shall remain with the General Administration of Customs. Article 25. The present Provisions shall be implemented as of January 1, 2005. |
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