Measures of the Customs of the People's Republic of China for the Supervision and Administration of Inward and Outward Conveyances (Revised in 2018)
Measures of the Customs of the People's Republic of China for the Supervision and Administration of Inward and Outward Conveyances (Revised in 2018)
Measures of the Customs of the People's Republic of China for the Supervision and Administration of Inward and Outward Conveyances (Revised in 2018)
Order of the General Administration of Customs No. 240
May 29, 2018
Chapter I General Provisions
Article 1 With a view to standardizing the supervision and administration of inward and outward conveyances and safeguarding the legitimate rights and interests of the persons in charge of inward and outward conveyances and inward and outward conveyances service enterprises, these Measures are formulated in accordance with the Customs Law of the People's Republic of China.
Article 2 For the purpose of these Measures, the inward and outward conveyances shall mean all kinds of vessels, aircrafts, railway trains, road vehicles and pack animals.
Article 3 These Measures shall be applicable to the supervision and administration by the customs over the commercial conveyances; the supervision and administration over non-commercial inward and outward means of transportation shall be conducted in reference to these Measures.
Article 4 Except otherwise approved by the State Council or the competent authorities authorized by the State Council, the inward and outward conveyances shall enter or exit the territory of China via the jurisdictions of customs offices of China, and park, load and unload goods, commodities and passengers within the customs control areas in the territory of China.
Where any inward and outward conveyances is forced to berth, land, cast anchor, load and unload goods, commodities and passengers at a place without a customs office or a place beyond the customs control areas due to force majeure, the person in charge of the inward and outward conveyances shall declare to the nearest customs office as soon as possible. The nearest customs office shall conduct supervision and administration over the conveyances and the goods and commodities thereon.
Article 5 The inward conveyances which has entered the territory of the People's Republic of China but has not declared to the customs and the outward conveyances which has completed customs clearance procedures but has not exited the territory of the People's Republic of China shall follow the route specified by the competent authorities of transport; where no such route is specified, the route designated by the customs shall be followed.
The inward conveyances shall, after entry declaration and before exiting the territory of the People's Republic of China, follow the routes as permitted by the customs.
Article 6 The person in charge of the inward or outward conveyances shall, when the inward or outward conveyances arrives at or leaves the place with a customs office, declare to the customs office.
Article 7 Before relevant customs procedures are completed and the required customs duties paid, the inward overseas conveyances and outward domestic conveyances shall not be transferred to another party or used for other purposes.
Where conveyances are imported or exported as commodities in the form of rental or any other form, import or export declarations for such inward and outward conveyances shall be completed in accordance with relevant regulatory provisions, in addition to the exit or entry procedures for inward and outward conveyances in accordance with these Measures.
Chapter II Regulation of Record-filing
Article 8 The inward and outward conveyances, the persons in charge of the inward and outward conveyances and the inward and outward conveyances service enterprises shall file records to the local customs office directly under the General Administration of Customs or the subordinate customs offices authorized by the local customs office directly under the General Administration of Customs.
The supervision and administration by the customs over the record-filing of the inward and outward conveyances, the persons in charge of inward and outward conveyances and the inward and outward conveyances service enterprises shall be subject to nationwide customs networked administration.
Article 9 The inward and outward conveyances, the persons in charge of the inward and outward conveyances and the inward and outward conveyances service enterprises shall, when filing records with the customs, submit the Record-Filing Form for Inward and Outward International Vessel, the Filing Form of Inward and Outward Railway Train, the Filing Form of Inward and Outward Road Vehicle, the Filing Form of the Person in Charge of the Conveyances and the Filing Form of the Conveyances Service Enterprise in light of the actual type of the conveyances and submit the materials listed on the affixed documents of the above filing forms.
The General Administration of Customs shall formulate a separate set of administrative measures for the conveyances service enterprises.
Article 10 Where there is any alteration to the Filing Form of the Conveyances, the Filing Form of the Person in Charge of the Conveyances and the Filing Form of the Conveyances Service Enterprise, the person in charge of the inward and outward conveyances and the inward and outward conveyances service enterprise shall go through the alteration procedures by presenting the Alteration Filing Form and relevant documents with the competent customs office within the time limit as specified by the customs.
The record-filing may either be cancelled by the person in charge of the inward and outward conveyances, the inward and outward conveyances service enterprise on a voluntary basis or by the competent customs in accordance with laws.
Article 11 The customs shall implement differentiated administration over the inward and outward conveyances service enterprises and the owners and operators of the inward and outward conveyances; a specific set of measures shall be formulated by the General Administration of Customs.
Chapter III Administration of the Conveyances
Section 1 Supervision and Administration of Inward Conveyances
Article 12 The person in charge of the inward conveyances shall, within the prescribed time limit, declare to the customs the port within China where the conveyances is expected to arrive as well as the time of such arrival in the form of electronic data.
The person in charge of road vehicle may upon approval by the customs, declare to the customs by telephone, fax or other available means due to practical constraint of communications conditions.
The person in charge of the conveyances shall, before the inward conveyances arrives at the place of entry with a customs office, declare to the customs the entry time, the time to arrive at the destination port and the docking location.
Article 13 When the inward conveyances arrives at a place with a customs office, the person in charge of the conveyances shall declare to the customs and submit the Customs Declaration Form of the People's Republic of China for Inward Vessels, the Customs Declaration Form of the People's Republic of China for Inward Aircrafts, Customs Declaration Form of the People's Republic of China for Railway Trains or the Customs Declaration Form of the People's Republic of China for the Inward Road Vehicles, as the case may be, in light of different conveyances and any other document as may be required to be verified in the declaration form.
The person in charge of the inward conveyances may also handle declaration formalities with the customs before the conveyances enters the territory of the People's Republic of China.
Article 14 Where the inward conveyances arrives in the customs control area, the management of the control area shall notify the customs.
Article 15 The customs shall, when handling the declaration for inward conveyances, examine and verify the declaration documents.
Without approval by the customs, state-designated inward conveyances shall not, before it declares to the customs, unload any goods, commodities or embark or disembark any persons other than the pilot and officers of the inspection office at the port.
Section 2 Supervision and Administration of the Stay of Inward and Outward Conveyances
Article 16 After arriving at a place with a customs office, the inward and outward conveyances shall be subject to supervision and inspection by the customs.
Where the inward and outward conveyances is being examined by the customs, the person in charge of the conveyances shall be present and open the compartments, cabins and rooms or doors of the vehicle; where the inward and outward conveyances is suspected of smuggling, the parts thereof where smuggled goods are suspected to be hidden under suspicion shall be opened and the goods and materials shall be removed for inspection.
The customs shall, if it deems as necessary, require the crew of the inward and outward conveyances to assemble and cooperate with the inspection by the customs.
The customs shall, upon the completion of the inspection, prepare the Inspection Record in accordance with relevant regulations.
Article 17 The customs shall, when it deems necessary, dispatch customs officers to attend the inward and outward conveyances and the person in charge of the inward and outward conveyances shall provide the necessary assistance to such customs officers.
Where the customs dispatch officers to attend the inward and outward conveyances, the inward and outward conveyances shall not unload goods, commodities or embark or disembark any passenger without the approval by the customs officers.
Article 18 The person in charge of the inward and outward conveyances shall declare to the customs one hour before the goods are unloaded from the inward and outward conveyances; where the voyage or distance is no more than one hour, the person in charge of the inward and outward conveyances may declare to the customs before the goods are unloaded.
The customs shall supervise the loading and unloading of the goods from the inward and outward conveyances.
The person in charge of the inward and outward conveyances shall, upon the completion of loading and unloading of goods from the inward and outward conveyances, submit to the customs the documents and records concerning the actual loading and unloading.
Article 19 Where the inward and outward conveyances changes its docking location during the period when it berths in the customs control area, the person in charge of the inward and outward conveyances shall declare to the customs in advance.
Section 3 Supervision and Administration of the Travel of Inward and Outward Conveyances within China
Article 20 Where the inward and outward conveyances travels from the jurisdiction of one customs office to the jurisdiction of another customs office within the territory of China, the person in charge of the inward and outward conveyances shall go through the departure formalities in accordance with relevant regulations provided in Section 4 of this Chapter.
Article 21 Where the inward and outward conveyances travels from the jurisdiction of one customs office to that of another within China, the customs office in charge of the place of departure shall prepare and issue customs seal to the inward and outward conveyances in accordance with the customs supervisory and regulatory provisions.
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Order of the General Administration of Customs No. 240
May 29, 2018
Chapter I General Provisions
Article 1 With a view to standardizing the supervision and administration of inward and outward conveyances and safeguarding the legitimate rights and interests of the persons in charge of inward and outward conveyances and inward and outward conveyances service enterprises, these Measures are formulated in accordance with the Customs Law of the People's Republic of China.
Article 2 For the purpose of these Measures, the inward and outward conveyances shall mean all kinds of vessels, aircrafts, railway trains, road vehicles and pack animals.
Article 3 These Measures shall be applicable to the supervision and administration by the customs over the commercial conveyances; the supervision and administration over non-commercial inward and outward means of transportation shall be conducted in reference to these Measures.
Article 4 Except otherwise approved by the State Council or the competent authorities authorized by the State Council, the inward and outward conveyances shall enter or exit the territory of China via the jurisdictions of customs offices of China, and park, load and unload goods, commodities and passengers within the customs control areas in the territory of China.
Where any inward and outward conveyances is forced to berth, land, cast anchor, load and unload goods, commodities and passengers at a place without a customs office or a place beyond the customs control areas due to force majeure, the person in charge of the inward and outward conveyances shall declare to the nearest customs office as soon as possible. The nearest customs office shall conduct supervision and administration over the conveyances and the goods and commodities thereon.
Article 5 The inward conveyances which has entered the territory of the People's Republic of China but has not declared to the customs and the outward conveyances which has completed customs clearance procedures but has not exited the territory of the People's Republic of China shall follow the route specified by the competent authorities of transport; where no such route is specified, the route designated by the customs shall be followed.
The inward conveyances shall, after entry declaration and before exiting the territory of the People's Republic of China, follow the routes as permitted by the customs.
Article 6 The person in charge of the inward or outward conveyances shall, when the inward or outward conveyances arrives at or leaves the place with a customs office, declare to the customs office.
Article 7 Before relevant customs procedures are completed and the required customs duties paid, the inward overseas conveyances and outward domestic conveyances shall not be transferred to another party or used for other purposes.
Where conveyances are imported or exported as commodities in the form of rental or any other form, import or export declarations for such inward and outward conveyances shall be completed in accordance with relevant regulatory provisions, in addition to the exit or entry procedures for inward and outward conveyances in accordance with these Measures.
Chapter II Regulation of Record-filing
Article 8 The inward and outward conveyances, the persons in charge of the inward and outward conveyances and the inward and outward conveyances service enterprises shall file records to the local customs office directly under the General Administration of Customs or the subordinate customs offices authorized by the local customs office directly under the General Administration of Customs.
The supervision and administration by the customs over the record-filing of the inward and outward conveyances, the persons in charge of inward and outward conveyances and the inward and outward conveyances service enterprises shall be subject to nationwide customs networked administration.
Article 9 The inward and outward conveyances, the persons in charge of the inward and outward conveyances and the inward and outward conveyances service enterprises shall, when filing records with the customs, submit the Record-Filing Form for Inward and Outward International Vessel, the Filing Form of Inward and Outward Railway Train, the Filing Form of Inward and Outward Road Vehicle, the Filing Form of the Person in Charge of the Conveyances and the Filing Form of the Conveyances Service Enterprise in light of the actual type of the conveyances and submit the materials listed on the affixed documents of the above filing forms.
The General Administration of Customs shall formulate a separate set of administrative measures for the conveyances service enterprises.
Article 10 Where there is any alteration to the Filing Form of the Conveyances, the Filing Form of the Person in Charge of the Conveyances and the Filing Form of the Conveyances Service Enterprise, the person in charge of the inward and outward conveyances and the inward and outward conveyances service enterprise shall go through the alteration procedures by presenting the Alteration Filing Form and relevant documents with the competent customs office within the time limit as specified by the customs.
The record-filing may either be cancelled by the person in charge of the inward and outward conveyances, the inward and outward conveyances service enterprise on a voluntary basis or by the competent customs in accordance with laws.
Article 11 The customs shall implement differentiated administration over the inward and outward conveyances service enterprises and the owners and operators of the inward and outward conveyances; a specific set of measures shall be formulated by the General Administration of Customs.
Chapter III Administration of the Conveyances
Section 1 Supervision and Administration of Inward Conveyances
Article 12 The person in charge of the inward conveyances shall, within the prescribed time limit, declare to the customs the port within China where the conveyances is expected to arrive as well as the time of such arrival in the form of electronic data.
The person in charge of road vehicle may upon approval by the customs, declare to the customs by telephone, fax or other available means due to practical constraint of communications conditions.
The person in charge of the conveyances shall, before the inward conveyances arrives at the place of entry with a customs office, declare to the customs the entry time, the time to arrive at the destination port and the docking location.
Article 13 When the inward conveyances arrives at a place with a customs office, the person in charge of the conveyances shall declare to the customs and submit the Customs Declaration Form of the People's Republic of China for Inward Vessels, the Customs Declaration Form of the People's Republic of China for Inward Aircrafts, Customs Declaration Form of the People's Republic of China for Railway Trains or the Customs Declaration Form of the People's Republic of China for the Inward Road Vehicles, as the case may be, in light of different conveyances and any other document as may be required to be verified in the declaration form.
The person in charge of the inward conveyances may also handle declaration formalities with the customs before the conveyances enters the territory of the People's Republic of China.
Article 14 Where the inward conveyances arrives in the customs control area, the management of the control area shall notify the customs.
Article 15 The customs shall, when handling the declaration for inward conveyances, examine and verify the declaration documents.
Without approval by the customs, state-designated inward conveyances shall not, before it declares to the customs, unload any goods, commodities or embark or disembark any persons other than the pilot and officers of the inspection office at the port.
Section 2 Supervision and Administration of the Stay of Inward and Outward Conveyances
Article 16 After arriving at a place with a customs office, the inward and outward conveyances shall be subject to supervision and inspection by the customs.
Where the inward and outward conveyances is being examined by the customs, the person in charge of the conveyances shall be present and open the compartments, cabins and rooms or doors of the vehicle; where the inward and outward conveyances is suspected of smuggling, the parts thereof where smuggled goods are suspected to be hidden under suspicion shall be opened and the goods and materials shall be removed for inspection.
The customs shall, if it deems as necessary, require the crew of the inward and outward conveyances to assemble and cooperate with the inspection by the customs.
The customs shall, upon the completion of the inspection, prepare the Inspection Record in accordance with relevant regulations.
Article 17 The customs shall, when it deems necessary, dispatch customs officers to attend the inward and outward conveyances and the person in charge of the inward and outward conveyances shall provide the necessary assistance to such customs officers.
Where the customs dispatch officers to attend the inward and outward conveyances, the inward and outward conveyances shall not unload goods, commodities or embark or disembark any passenger without the approval by the customs officers.
Article 18 The person in charge of the inward and outward conveyances shall declare to the customs one hour before the goods are unloaded from the inward and outward conveyances; where the voyage or distance is no more than one hour, the person in charge of the inward and outward conveyances may declare to the customs before the goods are unloaded.
The customs shall supervise the loading and unloading of the goods from the inward and outward conveyances.
The person in charge of the inward and outward conveyances shall, upon the completion of loading and unloading of goods from the inward and outward conveyances, submit to the customs the documents and records concerning the actual loading and unloading.
Article 19 Where the inward and outward conveyances changes its docking location during the period when it berths in the customs control area, the person in charge of the inward and outward conveyances shall declare to the customs in advance.
Section 3 Supervision and Administration of the Travel of Inward and Outward Conveyances within China
Article 20 Where the inward and outward conveyances travels from the jurisdiction of one customs office to the jurisdiction of another customs office within the territory of China, the person in charge of the inward and outward conveyances shall go through the departure formalities in accordance with relevant regulations provided in Section 4 of this Chapter.
Article 21 Where the inward and outward conveyances travels from the jurisdiction of one customs office to that of another within China, the customs office in charge of the place of departure shall prepare and issue customs seal to the inward and outward conveyances in accordance with the customs supervisory and regulatory provisions.
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