Decree of General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China No. 161
In case of any discrepancies between the Chinese version and the English version, the Chinese version shall prevail.
Decree of General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China
TheAdministrative Measures on Entry-exit Inspection and Quarantine Application Enterprises as examined and adopted at the ministerial meeting of the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China on December 4, 2014, are hereby promulgated and shall be implemented as of April 1, 2015.
February 15, 2015
Administrative Measures on Entry-Exit Inspection and Quarantine Application Enterprises
Chapter I General Provisions
Article 1 For enhancing the supervision and administration of entry-exit inspection and quarantine application enterprises, regulating inspection and quarantine application practice, maintaining the working order of inspection and quarantine and promoting sound development of foreign trade, these Measures are formulated in accordance with the Law of the People’s Republic of China on Import and Export Commodity Inspection and its implementation regulations, the Law of the People’s Republic of China on the Entry-exit Animal and Plant Quarantine and its implementation regulations, the Frontier Health and Quarantine Law of the People’s Republic of China and its implementation rules, and the Food Safety Law of the People’s Republic of China and its implementation regulations, and other related laws and regulations.
Article 2 The General Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as AQSIQ) takes principal charge of the administration of application enterprises nationwide.
The local entry-exit inspection and quarantine authorities established by AQSIQ (hereinafter referred to as CIQ) are responsible for daily supervision and administration of application enterprises within the area under their jurisdiction.
Article 3 Application enterprises mentioned in these Measures include self-operating application enterprises and application agencies.
Self-operating application enterprises refer to consignees of import goods or consignors of export goods that conduct their own application business to CIQ. Where production and processing units of export goods conduct application business, they shall be administered as self-operating application enterprises in these Measures.
Application agencies refer to domestic enterprises which conduct application business to CIQ under the entrustment of consignees of import goods or consignors of export goods (hereinafter referred to as clients).
Article 4 Applicants mentioned in these Measures refer to individuals conducting application business to CIQ for their enterprises.
Application enterprises shall assume the corresponding legal liabilities for the application acts of their applicants.
Chapter II Filing Management
Article 5 Application enterprises shall file with CIQ, by providing following materials and documents:
(1) Application Enterprise Filing Form;
(2) A photocopy of Business License;
(3) A photocopy of Organization Code Certificate;
(4) Applicant Filing Form and a photocopy of the applicant’s ID card;
(5) A stamp of the enterprise’s common seal;
(6) In case a specific seal is used for application, its stamp shall be submitted;
(7) Entry-exit express delivery enterprises shall submit a photocopy of International Express Business License.
The above-mentioned documents shall be affixed with common seal of the concerned enterprise. For all the photocopies submitted, the original version shall be provided for verification.
Article 6 Where the materials and documents are complete and meet the requirements, CIQ shall deal with the filing procedures for application enterprise, approve and issue the filing number of application enterprises and applicants.
Article 7 Application enterprises are encouraged to file with CIQ before applying for inspection and quarantine. Thereafter, filed application enterprises shall be exempted from submitting the materials and documents listed in Article 5 hereof.
Article 8 The application business of a filed enterprise shall be conducted by its applicants who have been filed by CIQ.
While applying for inspection and quarantine, applicants shall provide their filing numbers and identity certifications.
Chapter III Application Business
Article 9 Application enterprises may conduct the following application business with CIQ:
(1) Apply for inspection and quarantine;
(2) Pay entry-exit inspection and quarantine fees;
(3) Contact and cooperate with CIQ for inspection and quarantine;
(4) Acquire inspection and quarantine certificates and documents.
Article 10 Application enterprises shall conduct their application business with CIQ at domestic ports of the People’s Republic of China or at inspection and quarantine business concentrated places.
Self-operating application enterprises may entrust their business to application agencies.
Article 11 While conducting application business, the application agency shall submit to CIQ a letter of entrustment by its client, which shall list such contents as information of goods, items and validity period of entrustment, and be affixed with stamps of client’s common seal.
Application agencies shall conduct application business within the scope of entrustment, and verify the authenticity of materials and documents provided by their clients.
Article 12 When paying entry-exit inspection and quarantine fees on behalf of their clients, the application agencies shall truthfully inform their clients the details of entry-exit inspection and quarantine fees, and shall not charge extra fees in the name of CIQ from their clients.
Chapter IV Supervision and Administration
Article 13 While conducting application business, application enterprises shall abide by relevant laws, administrative regulations and inspection and quarantine rules, and assume the corresponding legal liabilities.
Article 14 While filing with CIQ, application enterprises shall be responsible for the authenticity of materials submitted and information provided, and assume related legal liabilities.
Article 15 While CIQ carry out supervision and examination on application business, application enterprises shall get active co-operation and provide truthfully the relevant facts and materials.
By the end of March, application agencies shall submit the Business Report of Application Agency of the previous year, which shall include such contents as their basic information, compliance with inspection and quarantine laws and regulations, management system of application business, administration of applicants, management of application archives, application business achievement and analysis, errors during application and cause analysis, self-assessment.
Article 16 CIQ shall apply credit and classified management for application enterprises, and implement a score management with error recording system for the applicants. The score of applicants will be part of the credit record of their enterprises.
CIQ may publish such information as credit ratings, grades of classified management and recorded errors of application enterprises.
Article 17 Where any item listed in Application Enterprise Filing Form and Applicant Filing Form changes, the enterprises shall apply for alteration with relevant certifying documents to CIQ where they have filed within 30 days from the date of changing.
Article 18 Application enterprises may apply to CIQ where they have filed for revoking their filed information or their applicants’. Once filed information of application enterprises is revoked, the information of their applicants shall be revoked simultaneously.
Article 19 In case of failing to apply with CIQ for filing alteration or revocation in time, the application enterprises shall bear related legal liabilities arising therefrom.
Article 20 Trade organizations such as Inspection and Quarantine Application Association are encouraged to carry out self-discipline management, applicant capability certification, application business training, etc., with a purpose to promote standardization and specialization of application practices and prevent race-to-the-bottom competition.
Article 21 CIQ shall strengthen guidance over trade organizations such as Inspection and Quarantine Application Association, etc., bring their initiative of alerting, organization and coordination into full play, to promote the establishment and optimization of its self-disciplining system.
Chapter 5 Legal Liabilities
Article 22 Where any application agencies violate the relevant regulations or disturb the application order, in any of the following cases, CIQ shall impose administrative penalty on them in accordance with provisions of the Regulations for Implementation of the Law of the People’s Republic of China on Import and Export Commodity Inspection.
(1) Charge extra fees from clients in the name of CIQ;
(2) Refuse to cooperate with CIQ to carry out inspection and quarantine, reject the supervision and administration of CIQ, threaten or bribe inspection and quarantine staff members;
(3) Other acts disturbing application order.
Article 23 In case of other acts violating provisions of laws and regulations of entry-exit inspection and quarantine, CIQ shall investigate their legal liabilities according to relevant laws and regulations.
Chapter 6 Supplementary Provisions
Article 24 CIQ shall score the errors of applicants during application in accordance with “items on credit information of entry-exit inspection and quarantine enterprise”.
Article 25 Where any entry-exit express delivery enterprise conducts application of entry-exit express consignment on behalf of clients, the letter of entrustment could be exempted. CIQ shall apply administration on them referring to relevant requirements for application agencies.
Article 26 When necessary, non-enterprise organizations such as government organs, institutions and social organizations may directly conduct application with valid documents according to relevant requirements.
Article 27 In these Measures, the term “more than” shall include the number itself, while “less than” shall not include itself. The “year” refers to the solar calendar year.
Article 28 These Measures shall be interpreted by AQSIQ.
Article 29 These Measures shall be implemented as of April 1, 2015. Administrative Stipulations on Applicant for Entry-Exit Inspection and Quarantine of AQSIQ (AQSIQ Decree No.33) and Administrative Provisions on Entry-exit Inspection and Quarantine Application by Agency of AQSIQ (AQSIQ Decree No.128) shall be repealed simultaneously. Where Administrative Measures on Inspection and Quarantine of Entry-exit Express Consignments (AQSIQ Decree No. 3) and Provisions on Entry-exit Inspection and Quarantine Application (Inspection and Quarantine Bureau Decree No. 16) are inconsistent with these Measures, these Measures shall prevail.