Promulgation Authorities:  Standing Committee of the National People's Congress

Promulgation Date:  2021.04.29

Effective Date:  2021.04.29

Validity Status:  valid

Law of the People's Republic of China on Import and Export Commodity Inspection (Amended in 2021)

Law of the People's Republic of China on Import and Export Commodity Inspection

Chapter I General Provisions

Article 1    This Law is formulated in order to improve and regulate the inspection of import and export commodities, to uphold the public interests and the lawful rights and interests of the parties involved in foreign trade, and to promote the smooth development of China's economic and trade relations with other countries.

Article 2    The State Council shall establish an administration responsible for import and export commodity inspection nationwide (hereafter referred to as the State administration for commodity inspection), which shall be in charge of the inspection of import and export commodities nationwide. The local import and export commodity inspection agencies set up by the State administration for commodity inspection (hereafter referred to as commodity inspection agencies) shall administer the inspection of import and export commodities within the regions under their jurisdiction.

Article 3    Commodity inspection agencies and the inspection agencies established according to law shall carry out inspection of import and export commodities in accordance with the law.

Article 4    In relation to the inspection of import and export commodities, the State administration for commodity inspection shall, in accordance with the principles of protecting human health and safety, protecting animal or plant life and health, protecting the environment, preventing deceptive practices, and maintaining national security, compile, readjust, promulgate and implement a catalogue of import and export commodities subject to compulsory inspection (hereafter referred to as the Catalogue).

Article 5    The inspection of import and export commodities which are listed in the Catalogue shall be conducted by the commodity inspection agencies.

Import commodities specified in the preceding paragraph that have not been inspected must not be sold or used. Export commodities specified in the preceding paragraph that have failed to pass the inspection must not be exported.

Among the import and export commodities specified in the first paragraph of this Article, those that meet the requirements for exemption from inspection, as prescribed by the State, may be exempted from inspection, if the consignee or consignor files an application and the application is approved by the State Administration for commodity inspection after examination.

Article 6    Compulsory inspection of import and export commodities means the conformity assessment that is carried out to determine whether commodities for import and export included on the Catalogue meet the compulsory requirements of the technical regulations of the State.

The procedure for conformity assessment includes: sampling, testing and inspection; evaluation, verification and assurance of conformity; registration, accreditation and approval, as well as a combination of these actions.

With respect to the inspection of import and export commodities specified in the first paragraph of this Article, the commodity inspection agencies may adopt the inspection results made by the inspection agencies. The State Administration for Commodity Inspection exercises catalogue-based administration over the aforesaid inspection agencies.

Article 7    The import and export commodities which are listed in the Catalogue shall be inspected in accordance with the compulsory requirements of the technical regulations of the State. With regard to those commodities for which compulsory requirements of the technical regulations of the State have not been formulated, they shall be formulated in a timely fashion in accordance with the law. Prior to formulation, inspection may be conducted with reference to relevant overseas standards as designated by the State administration for commodity inspection.

Article 8    Other inspection agencies may provide inspection and certification services for import and export commodities as entrusted by parties involved in foreign trade or by foreign inspection agencies.

Article 9    Import and export commodities or items subject to inspection by other inspection agencies, as stipulated by laws and administrative regulations, shall be inspected in accordance with the provisions of relevant laws and administrative regulations.

Article 10    The State administration for commodity inspection and commodity inspection agencies shall collect information regarding the inspection of import and export commodities and provide such information to relevant parties in a timely fashion.

The staff members of the State administration for commodity inspection and commodity inspection agencies shall have an obligation to keep confidential any commercial secrets that they gain knowledge of during the course of carrying out duties related to the inspection of import and export commodities.

Chapter II Inspection of Import Commodities

Article 11    For import commodities that are subject to compulsory inspection by the commodity inspection agencies, as provided for by this Law, the consignor or his agent shall apply to the commodity inspection agency for inspection at the place where he makes Customs declarations.

Article 12    For import commodities that are subject to compulsory inspection by commodity inspection agencies, as provided for by this Law, the consignee or his agent shall, in the places and within the time limit specified by the commodity inspection agencies, accept the inspection of the import commodities conducted by the commodity inspection agencies. Commodity inspection agencies shall complete the inspection and issue an inspection certificate within the time limit specified uniformly by the State administration for commodity inspection.

Article 13    Where the consignee of the import commodities other than those that are subject to compulsory inspection by commodity inspection agencies, as provided for by this Law, discovers that the quality of such commodities is not up to standard or that the commodities are damaged or the quantity is less than expected, he shall apply to the commodity inspection agencies for inspection and the issuance of an inspection certificate if such a certificate is necessary for claiming compensation.

Article 14    For important import commodities or complete sets of equipment in large size, the consignee shall, in accordance with the terms agreed upon in the foreign trade contract, arrange for pre-inspection, supervised manufacture or supervised loading to be carried out in the country of export prior to shipment, and the relevant departments in charge of such matters shall tighten their supervision over such activities. Commodity inspection agencies may, when necessary, dispatch inspection personnel to take part in such inspection and supervision.

Chapter III Inspection of Export Commodities

Article 15    For export commodities that are subject to compulsory inspection by commodity inspection agencies, as provided for by this Law, the Consignor or his agent shall, in the places and within the time limit specified by the commodity inspection agencies, apply to the commodity inspection agencies for inspection. Commodity inspection agencies shall complete inspection and issue an inspection certificate within the time limit specified uniformly by the State administration for commodity inspection.

Article 16    Export commodities that have passed the inspection conducted by a commodity inspection agency and for which an inspection certificate has been issued, shall be declared for export within the time limit specified by the commodity inspection agency. Where the specified time limit expires, the commodities shall be re-submitted for inspection.

Article 17    Enterprises that manufacture packaging containers for dangerous export commodities shall apply to the commodity inspection agencies for a test of the performance of such packaging containers. Enterprises that manufacture dangerous export commodities shall apply to the commodity inspection agencies for a test of the use of such packaging containers. No permission shall be granted for the export of dangerous commodities kept in packaging containers which have not passed the test.

Article 18    For ship holds or containers used for carrying perishable export foods, the carrier or the organization using the containers shall apply for inspection before loading. Ship holds or containers that have not passed the inspection shall not be used to carry such commodities.

Chapter IV Supervision and Administration

Article 19    Commodity inspection agencies shall, in accordance with the relevant State regulations, carry out spot checks of import and export commodities other than those that are subject to compulsory inspection by commodity inspection agencies, as provided for by this Law.

The State administration for commodity inspection may publicize the results of a spot check or notify the relevant departments of the spot check.

Article 20    In line with the requirement to facilitate foreign trade, commodity inspection agencies may, in accordance with the relevant State regulations, carry out quality supervision and inspection of export commodities which are listed in the Catalogue, before such commodities leave the factory.

Article 21    Agents who complete inspection application formalities on behalf of the consignees and consignors of import and export commodities shall submit a letter of authorization to the commodity inspection agency at the time of such formalities.

Article 22    The State administration for commodity inspection and commodity inspection agencies shall, in accordance with the law, exercise supervision over the inspection and certification work done by other inspection agencies, and may conduct random inspection of the commodities that have been inspected by such inspection agencies.

Article 23    The certification and accreditation administration department of the State Council shall, in accordance with the unified certification system, have the relevant import and export commodities supervised through certification.

Article 24    Certification agencies may undertake quality certification of import and export commodities in accordance with the agreements signed between the certification and accreditation administration department of the State Council and relevant foreign agencies or carry out such work upon entrustment by relevant foreign agencies, and permit the use of the quality certification symbol on import and export commodities that have passed the inspection.

Article 25    Commodity inspection agencies shall, in accordance with this Law, supervise over the import and export commodities that are subject to the permit system through inspection of certificates, and shall examine the certificates and check whether they conform to the commodities concerned.

Article 26    Commodity inspection agencies may, when necessary, place commodity inspection symbols or seals on import and export commodities that have passed the inspection.

Article 27    Where an applicant for inspection of import or export commodities have objections to the results of inspection presented by a commodity inspection agency, he may apply to the original commodity inspection agency or to a commodity inspection agency at a higher level or even to the State administration for commodity inspection to have his commodities re-inspected. The commodity inspection agency or the State administration for commodity inspection that accepts and undertakes the re-inspection shall come to a re-inspection conclusion in a timely fashion.

Article 28    Where a party disagrees with the conclusion of the commodity inspection agency or the State administration for commodity inspection regarding a re-inspection, or disagrees with a decision made by a commodity inspection agency to impose a penalty, he may apply for administrative reconsideration in accordance with the law, and may also institute legal proceedings in the people's court in accordance with the law.

Article 29    In carrying out their duties, the State administration for commodity inspection and commodity inspection agencies must abide by the law, safeguard the national interests, strictly enforce the law in accordance with their statutory functions and powers and the statutory procedures, and must subject themselves to supervision.

The State administration for commodity inspection shall, based on the requirements for fulfilling their duties in accordance with the law, enhance team development so that commodity inspection personnel shall possess good political and professional skills and abilities. Commodity inspection personnel shall periodically take part in professional training and assessment. Only after passing assessment may such personnel carry out their duties in an official capacity.

Commodity inspection personnel must adhere to their professional duties, provide services in a civil manner, and comply with professional ethics. They shall not abuse their powers or seek personal gain.

Article 30    The State administration for commodity inspection and commodity inspection agencies shall establish a sound internal system of supervision and shall carry out supervision and inspection on the law enforcement activities of their personnel.

The limits of duties and powers of the key posts within commodity inspection agencies responsible for dealing with applications for inspection, inspection, the issuing of certificates and the clearance shall be clearly defined, so that they are separate from each other and mutually constrained.

Article 31    Any organization or individual has the right to denounce or report to the authorities any illegal behavior or breaches of discipline committed by the personnel of the State administration for commodity inspection or commodity inspection agencies. Government agencies that receive such accusations or reports shall, in a timely fashion, investigate them and deal with them in accordance with the law and the division of duties, and shall keep secret for the complainant or informant.

Chapter V Legal Liability

Article 32    Where, in violation of the provisions of this Law, import commodities that must be inspected by commodity inspection agencies are sold or used without having been inspected, or export commodities that must be inspected by commodity inspection agencies are exported without having passed the inspection, any illegal gains shall be confiscated by the relevant commodity inspection agency, and a fine of between five (5) and twenty percent of the value of such commodities will be imposed. Where such a violation constitutes a crime, prosecution for criminal liability shall be carried out in accordance with the law.

Article 33    Where the import or export of commodities involves adulterated goods, fake products passed off as real products, substandard products passed off as acceptable products, or where import and export commodities that are not up to standard are passed off as commodities that are up to standard, commodity inspection agencies shall order the cessation of import or export activities, confiscate illegal gains, and impose a fine of between fifty percent and three times the value of such commodities. Where such a violation constitutes a crime, prosecution for criminal liability shall be carried out in accordance with the law.

Article 34    Where commodity inspection documents, stamps, symbols, seals or quality certification symbols are forged, altered, bought or sold or stolen, prosecution for criminal liability shall be carried out in accordance with the law. Where the violation is not serious enough for criminal punishment, commodity inspection agencies and certification and accreditation administration departments shall, according to their respective functions and duties, order rectification, confiscate illegal gains, and impose a fine equivalent to or less than the value of the commodities concerned.

Article 35    Where the personnel of the State administration for commodity inspection or commodity inspection agencies violate the provisions of this Law and reveal commercial secrets of which they have knowledge, administrative sanctions shall be imposed in accordance with the law. Where illegal gains have been made, those gains shall be confiscated. Where the violation constitutes a crime, prosecution for criminal liability shall be carried out in accordance with the law.

Article 36    Where the personnel of the State administration for commodity inspection or commodity inspection agencies abuse their powers, deliberately engage in harassment, engage in self-seeking misconduct, fabricate inspection results, or are guilty of dereliction of duty or of delaying inspection and the issuing of certificates, administrative sanctions shall be imposed in accordance with the law. Where the violation constitutes a crime, prosecution for criminal liability shall be carried out in accordance with the law.

Chapter VI Supplementary Provisions

Article 37    Commodity inspection agencies and other inspection agencies carrying out inspections and performing inspection and certification duties in accordance with the provisions of this Law may charge fees in accordance with the relevant State regulations.

Article 38    The State Council will formulate implementation regulations in accordance with this Law.

Article 39    This Law shall be effective on August 1, 1989.