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Article 1. For the purpose of encouraging high-level talents who have studied abroad to return to China and encouraging overseas scientific and technological experts to come to work in China, and pushing forward the scientific and technological progress, these Measures are formulated in accordance with the relevant laws, administrative regulations and other relevant provisions of the state. Article 2. These Measures shall apply to the entry or exit of articles for scientific research, teaching and personal use that are carried with the high-level talents who have studied abroad and overseas scientific and technological experts (hereinafter referred to as the high-level talents) as determined by the Ministry of Personnel, Ministry of Education or its authorized department, or carried by way of separate transport, mail or express delivery. Article 3. Where a high-level talent who returns to reside in China or who comes to continuously work in China for 1 or more years carries to enter China a reasonable quantity of articles which are included in the checklist (see Annex 1) attached to these Measures and which are needed in the scientific research or teaching, the customs office shall exempt these articles from customs duties and release them in accordance with the relevant provisions. Article 4. Where a high-level talent who returns to reside in China or who comes to continuously work in China for 1 or more years carries to enter China a reasonable quantity of articles for personal use in the checklist (see Annex 2) attached to these Measures, the customs office shall exempt these articles from customs duties and release them in accordance with the relevant provisions. The aforesaid high-level talent may, according to the relevant provisions, apply for shipping into China 1 motor vehicle (limited to a car, off-highway vehicle, minibus with 9 or less seats) for personal use, the customs office shall exempt it from customs duties and release it in accordance with the relevant provisions. Article 5. A high-level talent with articles as mentioned in Articles 3 and 4 of these Measures to enter China shall not only submit the high-level talent certificate issued by the Ministry of Personnel, Ministry of Education or its authorized department, but also go through the formalities in the customs office according to the following provisions: (1) If he brings into China any articles for scientific research or teaching by carrying them with himself or by way of separate transport, he shall faithfully file a written declaration and submit his own valid entry/exit identity certificate to the customs office; (2) If he brings into China any articles for scientific research or teaching by mail or express delivery, he shall faithfully file a declaration to and submit his own valid entry/exit identity certificate to the customs office; (3) If he returns to reside in China or comes to continuously work in China for 1 or more years and if he carries into China any articles for personal use, he shall fill in an Application Form of the Customs of the People's Republic of China for Entry of Articles for Personal Use, he shall submit his own valid entry/exit identity certificate, domestic certificate of permanent residence or Certificate of Expert Who Returns to China for Residence or Comes to China, he himself or his entrusted person shall file a written application with the competent customs office. Upon examination and approval of the competent customs office, the customs office of the port of entry shall release the aforesaid articles upon the strength of the examination and approval documents of the competent customs office and other relevant documents. Article 6. After a high-level talent returns or comes to China, if he intends to convey from abroad a small quantity of consumptive reagent, raw materials or accessories due to the needs of work, the entity in which he works shall go through the relevant formalities in accordance with the Interim Measures for the Exemption of Import Duty on Articles Used for Scientific Research and Teaching. If the aforesaid high-level talent intends to temporarily covey from abroad a small quantity of non-consumptive articles for scientific research or teaching, the entity in which he works may issue a guaranty letter to the customs office. The customs office shall handle the relevant formalities for articles to enter China temporarily and shall supervise the outbound conveyance of these articles as scheduled. Article 7. Where a high-level talent has been approved to return to reside in China or to come to continuously work in China for 1 or more years by the Ministry of Personnel, Ministry of Education or its authorized department, but if he has not obtained a domestic permanent residence certificate or a Certificate of Expert Who Returns to China for Residence or Comes to China, the customs office may, upon the strength of written explanatory documents issued by the Ministry of Personnel, Ministry of Education or its authorized department, release the articles of this high-level talent which have arrived at the port of entry. The aforesaid high-level talent shall make up the relevant customs formalities within 6 months from the day when the articles enter China. Article 8. The motor vehicle which a high-level talent conveys into China under the relevant provisions shall be a vehicle under the customs¡¯ supervision. The high-level talent shall accept the customs¡¯'supervision. The high-level talent shall, 1 year after the date of release of the customs, apply with the competent customs office for lifting the supervision. The supervisory matters concerning the motor vehicles conveyed into China by high-level talents shall be governed by the Measures of the Customs of the People's Republic of China for Supervising the Entry and Exit of Articles for Personal Use of Non-resident Permanent Passengers. Article 9. Where a high-level talent finishes his work in China and returns abroad, if he intends to carry abroad with himself the articles, which he carried into China, or by way of separate transport, mail or express delivery, he shall go through the relevant customs formalities. Article 10. Where a high-level talent goes abroad to attend any academic exchange activity, and if he needs to carry abroad with himself a reasonable quantity of articles for scientific research or teaching, or by way of separate transport, mail or express delivery, the customs office shall handle the relevant formalities according to articles to exit from China temporarily, unless the state bans the exit of such articles. Article 11. Where a high-level talent enters into or leaves China, the customs office shall make it convenient for him to go through the clearance formalities. The customs office is not required to open his suitcase to check the articles, which he carries with himself, unless it is under any special circumstance. When the customs office handles the formalities for the examination, approval and release of the articles of a high-level talent to enter or exit China, it shall designate a special department and a special person to timely complete the relevant formalities. For any articles to enter or exit China by way of separate transport, mail or express delivery in legal holidays or in non-working time, if it is necessary to be released under a special circumstance, the customs office may prearrange some overtime work and complete the customs clearance formalities for the aforesaid articles. Article 12. Where anyone violates these Measures by constituting an act of smuggling, or if he violates any customs supervisory provisions, he shall be punished in accordance with the Customs Law of the People's Republic of China and the Regulation of the People's Republic of China on the Implementation of Customs Administrative Punishment. If any crime is constituted, he shall be liable for the criminal liabilities. Article 13. The power to interpret these Measures shall remain with the General Administration of Customs. Article 14. These Measures shall come into force as of January 1, 2007. Annex 1: Checklist of Duty-free Articles for Scientific Research and Teaching: 1. Small quantities of small types of apparatus, instruments and their accessory parts for testing, analysis, survey, inspection, measurement, observation or generating signals in the scientific research, scientific experiments and teaching; 2. Small quantities of small types of experimental equipment which are necessary for scientific research and teaching; 3. Books, newspapers and periodicals, teaching notes, computer software; 4.Samples and models; 5. Slides for teaching; and 6. Materials for experiments. Annex 2 : Checklist of Duty-free Articles for Personal Use : 1. Those who come to China for the first time can bring in video cameras for home use, cameras, portable tape-recorders, CD players and lap tops, one set for each item; 2. Daily necessities (clothing, bedding, kitchen ware, etc.); 3. Other articles for personal use (excluding the 20 kinds of taxable commodities as prescribed by the state). |
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