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Government Documents
Government Documents
UPDATED: June 1, 2010 NO. 22 JUNE 3, 2010
The People's Republic of China Customs Bonded Logistics Park Management Measures
 
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No. 134 Decree of the General Administration of Customs promulgated the Measures on November 28, 2005, which shall be amended in accordance with the Decision of the General Administration of Customs on the Amendments to the People's Republic of China Customs Bonded Logistics Park Management Measures promulgated by No. 190 of the General Administration of Customs on March 15, 2010

Chapter I General Provisions

Article 1 In order to regulate the administration of the Customs on bonded logistic parks and the flow of goods into or out thereof, enterprises in the bonded logistic parks and their operation, these Measures are formulated according to the Customs Law of the People's Republic of China as well as the relevant laws and administrative regulations.

Article 2 The term "bonded logistic park" (hereinafter referred to as the park) as mentioned in these Measures refers to the special zone under Customs supervision, which are established within the planning areas of a bonded zone or a special port section adjacent to the bonded zone for the development of modern international logistics upon the approval of the State Council.

Article 3 The Customs shall set up office to be stationed in the park and carry out 24-hour supervision over the goods, means of transport, articles carried by individuals that enter and exit the park, and the relevant locations within the park in accordance with these Measures.

Article 4 Checkpoints, isolation facilities, video monitoring systems and other facilities necessary for the Customs surveillance, which meet the requirements of Customs surveillance, shall be established between the park and the other areas within the territory of the People's Republic of China (hereinafter referred to as areas beyond the park).

Article 5 Warehouses, yards, checking sites, and operation places necessary for business commanding and dispatching shall be established within the park, and no industrial production and processing places and commercial consumption facilities may be established therein.

The Customs, the administrative organ of the park and the operating entity thereof, as well as the offices of enterprises established within the park (hereinafter referred to as the enterprises in the park) and of other entities shall be established in the comprehensive office areas of the park within the planning areas and outside the net surrounding the park. Except security guards and the personnel on duty of the relevant departments and of enterprises, no other person may reside in the park.

Article 6 The relevant businesses may not be carried out in the park unless the relevant facilities and places as prescribed in Article 4 and paragraph one of Article 5 of the these Measures are qualified upon the check acceptance conducted by the General Administration of Customs in conjunction with the relevant departments of the State Council.

Article 7 The following businesses may be carried out in the park:

1. Storing of import and export goods and other goods that haven't gone through the formalities for Customs clearance;

2. Performance of simple circulative processing and value-added services for the stock in trade;

3. International enter pot trade;

4. International purchase, allocation and distribution;

5. International transit business;

6. Testing and maintenance;

7. Exhibition of commodities; and

8. Other international logistic businesses as approved by the Customs.

Article 8 No commercial retail, processing and manufacture, renovation, dismantlement, and any other business in no relation with the park areas may be carried out within the park.

Article 9 Under any of the following circumstances, the enterprises in the park shall report in writing to the competent Customs in the park and go through the relevant formalities within the time limit prescribed by these measures:

1. They suffer from force majeure and other disasters;

2. The goods under Customs supervision are seized, detained or under other mandatory measures taken by the administrative law enforcement departments or judicial departments;

3. The goods under Customs supervision are stolen; or

4. Other circumstances as prescribed by laws and administrative regulations.

The time limit for reporting the aforesaid circumstances shall be within five workdays as of the occurrence in the case of the circumstance as prescribed in item (1); and the time shall be within three workdays in the case of the circumstances as prescribed in items (2) through (4).

Article 10 For the goods under Customs supervision that are transported between the park and the areas beyond the park, the competent Customs houses in the park areas may request the enterprises to provide corresponding guarantee.

Article 11 Goods and articles that are prohibited from import and export by laws or administrative regulations my not enter and exit the park.

Chapter II Administration of the Customs On Enterprises in the Park

Article 12 Enterprises in the park shall have the qualification of a legal entity. Before carrying out business, the enterprises in the park shall go through registration formalities with the Customs according to the Provisions of the Customs of the People's Republic of China on the Administration of Registration of Declaration Entities and the relevant provisions.

Under special circumstances, and upon the approval of the Customs directly under the General Administration of Customs, a legal person enterprise beyond the park may establish branches within the park according to law.

Article 13 Enterprises in the park shall satisfy the following conditions:

1. Having the capability to pay taxes to the Customs and perform other legal obligations; and

2. Having a special business office in the park.

Article 14 Where an enterprise in the park plans to change the areas and address of its business office and other matters concerned, it shall report to the Customs directly under the General Administration of Customs for approval. If it plans to change its name, organization, nature, legal representative, registered capital, and other registered items, it shall file with the Customs directly under the General Administration of Customs for record within five workdays as of the date of change.

In the case of changes other than those as prescribed in the preceding paragraph, the enterprise shall, in accordance with the relevant provisions of laws and administrative regulations, report to the competent Customs in the park and go through the relevant formalities.

Article 15 The Customs shall implement the electronic account book supervision system and the computer network management system with respect to the enterprises in the park.

The administrative organ of the park or the operating entity thereof shall, under the guidance of the Customs, establish a computerized public information platform by the virtue of the Electronic Port for the purpose of electronic data exchange and information sharing between the Customs, enterprises in the park, and other relevant departments.

Enterprises in the park shall establish a computerized management system in compliance with the requirements of Customs supervision, provide the Customs with terminals to consult data, and network with the Customs in light of the ways of certification and data standard as prescribed by the Customs.

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