Administrative Regulations of the People's Republic of China on the Import and Export of Goods
Administrative Regulations of the People's Republic of China on the Import and Export of Goods
[Lexis China Comments]
According to the Decision of the State Council on Amending and Abolishing Certain Administrative Regulations (Order of the State Council of the People's Republic of China No. 777), this document has been amended.
Administrative Regulations of the People's Republic of China on the Import and Export of Goods
Order of the State Council No. 332
December 10, 2001
The Administrative Regulations of the People's Republic of China on the Import and Export of Goods adopted at the 46th executive meeting held by the State Council on October 31, 2001 is hereby promulgated and shall come into force as of January 1, 2002.
Premier Zhu Rongji
Administrative Regulations of the People's Republic of China on the Import and Export of Goods
Chapter I General Provisions
Article 1 These Regulations has been enacted according to relevant provisions of the Foreign Trade Law of the People's Republic of China (hereinafter referred to as the "Foreign Trade Law") for the purpose of standardizing the administration over the import and export of goods, maintaining the order of import and export of goods and promoting the healthy development of foreign trade.
Article 2 These Regulations shall be observed in the import of goods to places within the customs boundary of the People's Republic of China or export of goods to places beyond the customs boundary of the People's Republic of China.
Article 3 The state exercises uniform administration over the import and export of goods.
Article 4 The state allows the free import and export of goods and maintains the fairness and orderliness of the import and export of goods according to law.
Unless it is clearly provided in laws or administrative regulations to forbid or restrict the import or export of goods, no entity or individual may establish or maintain prohibitive or restrictive measures over the import or export of goods.
Article 5 The People's Republic of China grants the most-favored-nation treatment or national treatment to contracting parties or member states to international treaties or pacts that it has concluded or acceded to, or grants the most-favored-nation treatment or national treatment to its counterparts according to the principle of mutual benefit and reciprocity.
Article 6 Any country or region that takes discriminatory prohibitive or restrictive measures or other similar measures against the People's Republic of China in terms of the import or export of goods, the People's Republic of China may, according to the specific situations, take corresponding measures against such country or region.
Article 7 The department under the State Council in charge of foreign trade and economic cooperation (hereinafter referred to as the "Foreign Trade Department under the State Council") takes charge of the import and export of goods within the whole country according to the Foreign Trade Law and These Regulations.
Relevant departments under the State Council shall, on the basis of the functions and duties as determined by the State Council, be responsible for the administration over the import and export of goods according to these Regulations.
Chapter II Administration over the Import of Goods
Section I Goods Prohibited from Import
Article 8 In any of the circumstances as provided in Article 17 of the Foreign Trade Law, the goods concerned shall be prohibited from import.
If there are relevant provisions in other laws or regulations on prohibiting the import of goods, such provisions shall be abided by.
The list of goods prohibited from import shall be formulated, adjusted and promulgated by the Foreign Trade Department under the State Council in collaboration with other relevant departments under the State Council.
Article 9 No goods that are prohibited from import may be imported.
Section II Goods Limited in Import
Article 10 In any of the circumstances as provided in Clauses 1, 4, 5, 6, and 7 of Article 16 of the Foreign Trade Law, the goods concerned shall be limited in import.
Where there are provisions in other laws or regulations on limiting the import of goods, such provisions shall be abided by.
The list of goods limited in import shall be formulated, adjusted and promulgated by the Foreign Trade Department under the State Council in collaboration with other relevant departments under the State Council.
The list of goods limited in import shall be promulgated at least 21 days prior to the implementation thereof; where the circumstances are urgent, it shall be promulgated no later than the day of implementation.
Article 11 Where there are quantitative limits set by the state on the goods limited in import, such goods shall be subject to quota control, and other goods limited in import shall be subject to license control.
When importing goods subject to tariff quota control, the provisions of Section IV of this Chapter shall be followed.
Article 12 Goods under import quota control shall be subject to the administration by the Foreign Trade Department under the State Council and relevant economic administrative departments under the State Council (hereinafter referred to as the "Administrative Departments of Import Quotas") on the basis of the functions and duties as determined by the State Council.
Article 13 For goods under import quota control, the Administrative Departments of Import Quotas shall promulgate the annul import quotas for the next year no later than July 31 of each year.
An applicant of quotas shall apply with the Administrative Departments of Import Quotas for the import quotas for the next year between August 1 and 31 of each year.
The Administrative Departments of Import Quotas shall allocate the quotas for the next year to the quota applicants before October 31 of each year.
The Administrative Departments of Import Quotas may, where it is necessary, make adjustments to the annual quota and promulgate the same 21 days prior to its implementation.
Article 14 The quotas may be allocated according to the principle of uniform handling of all applications.
Article 15 Where the quotas are allocated according to the principle of uniform handling of all applications, the Administrative Departments of Import Quotas shall decide whether to grant quotas or not within 60 days prior to the prescribed deadline for filing applications.
Article 16 When allocating quotas, the Administrative Departments of Import Quotas shall take the following elements into consideration:
1.
......
According to the Decision of the State Council on Amending and Abolishing Certain Administrative Regulations (Order of the State Council of the People's Republic of China No. 777), this document has been amended.
Administrative Regulations of the People's Republic of China on the Import and Export of Goods
Order of the State Council No. 332
December 10, 2001
The Administrative Regulations of the People's Republic of China on the Import and Export of Goods adopted at the 46th executive meeting held by the State Council on October 31, 2001 is hereby promulgated and shall come into force as of January 1, 2002.
Premier Zhu Rongji
Administrative Regulations of the People's Republic of China on the Import and Export of Goods
Chapter I General Provisions
Article 1 These Regulations has been enacted according to relevant provisions of the Foreign Trade Law of the People's Republic of China (hereinafter referred to as the "Foreign Trade Law") for the purpose of standardizing the administration over the import and export of goods, maintaining the order of import and export of goods and promoting the healthy development of foreign trade.
Article 2 These Regulations shall be observed in the import of goods to places within the customs boundary of the People's Republic of China or export of goods to places beyond the customs boundary of the People's Republic of China.
Article 3 The state exercises uniform administration over the import and export of goods.
Article 4 The state allows the free import and export of goods and maintains the fairness and orderliness of the import and export of goods according to law.
Unless it is clearly provided in laws or administrative regulations to forbid or restrict the import or export of goods, no entity or individual may establish or maintain prohibitive or restrictive measures over the import or export of goods.
Article 5 The People's Republic of China grants the most-favored-nation treatment or national treatment to contracting parties or member states to international treaties or pacts that it has concluded or acceded to, or grants the most-favored-nation treatment or national treatment to its counterparts according to the principle of mutual benefit and reciprocity.
Article 6 Any country or region that takes discriminatory prohibitive or restrictive measures or other similar measures against the People's Republic of China in terms of the import or export of goods, the People's Republic of China may, according to the specific situations, take corresponding measures against such country or region.
Article 7 The department under the State Council in charge of foreign trade and economic cooperation (hereinafter referred to as the "Foreign Trade Department under the State Council") takes charge of the import and export of goods within the whole country according to the Foreign Trade Law and These Regulations.
Relevant departments under the State Council shall, on the basis of the functions and duties as determined by the State Council, be responsible for the administration over the import and export of goods according to these Regulations.
Chapter II Administration over the Import of Goods
Section I Goods Prohibited from Import
Article 8 In any of the circumstances as provided in Article 17 of the Foreign Trade Law, the goods concerned shall be prohibited from import.
If there are relevant provisions in other laws or regulations on prohibiting the import of goods, such provisions shall be abided by.
The list of goods prohibited from import shall be formulated, adjusted and promulgated by the Foreign Trade Department under the State Council in collaboration with other relevant departments under the State Council.
Article 9 No goods that are prohibited from import may be imported.
Section II Goods Limited in Import
Article 10 In any of the circumstances as provided in Clauses 1, 4, 5, 6, and 7 of Article 16 of the Foreign Trade Law, the goods concerned shall be limited in import.
Where there are provisions in other laws or regulations on limiting the import of goods, such provisions shall be abided by.
The list of goods limited in import shall be formulated, adjusted and promulgated by the Foreign Trade Department under the State Council in collaboration with other relevant departments under the State Council.
The list of goods limited in import shall be promulgated at least 21 days prior to the implementation thereof; where the circumstances are urgent, it shall be promulgated no later than the day of implementation.
Article 11 Where there are quantitative limits set by the state on the goods limited in import, such goods shall be subject to quota control, and other goods limited in import shall be subject to license control.
When importing goods subject to tariff quota control, the provisions of Section IV of this Chapter shall be followed.
Article 12 Goods under import quota control shall be subject to the administration by the Foreign Trade Department under the State Council and relevant economic administrative departments under the State Council (hereinafter referred to as the "Administrative Departments of Import Quotas") on the basis of the functions and duties as determined by the State Council.
Article 13 For goods under import quota control, the Administrative Departments of Import Quotas shall promulgate the annul import quotas for the next year no later than July 31 of each year.
An applicant of quotas shall apply with the Administrative Departments of Import Quotas for the import quotas for the next year between August 1 and 31 of each year.
The Administrative Departments of Import Quotas shall allocate the quotas for the next year to the quota applicants before October 31 of each year.
The Administrative Departments of Import Quotas may, where it is necessary, make adjustments to the annual quota and promulgate the same 21 days prior to its implementation.
Article 14 The quotas may be allocated according to the principle of uniform handling of all applications.
Article 15 Where the quotas are allocated according to the principle of uniform handling of all applications, the Administrative Departments of Import Quotas shall decide whether to grant quotas or not within 60 days prior to the prescribed deadline for filing applications.
Article 16 When allocating quotas, the Administrative Departments of Import Quotas shall take the following elements into consideration:
1.
......