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Methods of the People's Republic of China On the Supervision and Regulation of Entry and Exit Express Delivery [Expired]
中华人民共和国海关对进出境快件监管办法(1998) [失效]

(Promulgated by the General Administration of Customs of the People's Republic of China on January 25, 1998)


署长 钱冠林

第一章 总则

Article 1 These Methods are formulated in accordance with the Customs Law of the People's Republic of China and other relevant laws and regulations.
   第一条 根据《中华人民共和国海关法》及其它有关法律、法规,制定本办法。
Article 2 To engage in operations of entry and exit express delivery, it shall be necessary to obtain the approval from the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) of the People's Republic of China and, in accordance with These Methods, apply with and go through recordation formalities with the customs administration (hereinafter referred to as the customs) of the People's Republic of China.
   第二条 经营进出境快件业务应当经中华人民共和国对外经济贸易主管部门批准,并应当依照本办法向中华人民共和国海关(简称海关,下同)申请,办理登记备案手续。
Article 3 The operator shall not deliver any goods the entry and exit of which is forbidden by the laws and administrative regulations of the People's Republic of China.
Without approvals from the competent postal authorities of the People's Republic of China, the operator shall not deliver private mail.
   第三条 运营人不得承运中华人民共和国法律、行政法规禁止进出境的物品。
Article 4 The customs shall, according to the Import and Export Tariff Rules of the People's Republic of China or the Methods on the Collection of Import and Export Tariffs on Entry Passenger Luggage and Articles and Mailed Personal Effects, collect the import and export tariffs on entry and exit express-delivered goods and, in accordance with stipulations, collect such relevant fees such as customary fees and regulation fees on entry and exit express-delivered goods.
   第四条 海关按照《中华人民共和国进出口关税条例》或《入境旅客行李物品和个人邮递物品征收进口税办法》对进出境快件征收进出口税,并按规定对进出境快件收取规费、监管手续费等有关费用。
Article 5 In relation to express delivery in conformity with supervisory and regulatory requirements, the customs may accept customs declarations filed by the operator via the electronic data exchange (EDI) mode. Customs declarations filed via EDI have the same legal effectiveness as written customs declarations.
The specific methods regarding customs declarations via EDI shall be separately formulated by the Customs General Administration of the People's Republic of China (hereinafter referred to as CGA).
   第五条 海关对符合监管要求的快件,可以接受运营人通过电子数据交换(EDI)方式的报关。通过电子数据交换(EDI)方式向海关报关与通过书面文件方式向海关报关具有同等的法律效力。

第二章 备案审批

Article 6 Before applying for going through registration and recordation formalities for entry and exit express delivery with the customs, the operator shall in advance obtain the qualification of serving as customs declaration agent by presenting the following documentation with the local customs post; the local customs post will examine these documentation, put forth its opinion and then submit the documentation to the CGA for examination and approval:
   第六条 运营人向海关申请办理进出境快件报关登记备案手续,应当事先取得代理报关资格,并向所在地海关提交下列文件,由所在地海关进行审核并提出意见后,转报海关总署审核批准:
(1) The application form;
(2) The approval documentation permitting the startup of entry and exit express delivery operations issued by the competent foreign economic and trade authorities of the People's Republic of China;
(3) The enterprise legal person business license;
(4) A copy of the Registration Certificate for Customs Declaration Agency;
(5) The articles of associations of the enterprise;
(6) The contract (or agreement) on transport cooperation with the overseas partner (including an overseas branch established an enterprise legal person inside the Chinese territory);
(7) The drawing sheet of the exclusive use warehouse under supervision and regulation; and
(8) Other documentation as required by the customs.
The customs post where the operator is located shall put forth its opinion within thirty (30) days upon receipt of the documentation in the above paragraph and submit them to the CGA.

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