location:Home > Customs laws and regulations
Customs laws and regulations作者:北京睿库发布时间:2023-09-18 17:08:32
Promulgation Authorities: General Administration of Customs
Promulgation Date: 2010.11.26
Effective Date: 2010.11.26
Validity Status: valid
Article 1 These Measures are formulated pursuant to the provisions of the Customs Law of the People's Republic of China, related laws and administrative regulations of the State and other relevant provisions for the purposes of encouraging high-level students abroad to return and overseas technical experts to work in China, and to promote the development of science and technology in China.
Article 2 These Measures shall apply to inbound and outbound scientific research articles, teaching articles and personal effects brought into and out of China by hand-carry luggage, separate shipment, post or express courier by high-level students abroad and overseas technical experts (hereinafter collectively referred to as "high-level talents") recognized by the Ministry of Personnel, the Ministry of Education or any department authorized thereby.
Article 3 Where the quantity of scientific research articles and teaching articles brought into China by high-level talents, returning for permanent residency or for employment in China continuously for one or more years (including one year, the same below), falls within the scope of reasonable quantity stipulated in the appendix of these Measures (see Appendix 1), the Customs shall clear the articles free of duty pursuant to the relevant provisions.
Article 4 Where the quantity of personal effects brought into China by high-level talents, returning for permanent residence or for employment in China continuously for one or more years, falls within the scope of reasonable quantity stipulated in the appendix of these Measures (see Appendix 2), the Customs shall clear the personal effects free of duty pursuant to the relevant provisions.
The aforesaid personnel may apply for the shipping of one unit of automobile from overseas for personal use (restricted to sedan, sports utility vehicle and passenger vehicle of nine-seaters or below) and the Customs shall grant clearance after tax is levied pursuant to the relevant provisions.
Article 5 High-level talents bringing articles listed in Article 3 and Article 4 into China shall, in addition to presenting the identification document for high-level talents issued by the Ministry of Personnel, the Ministry of Education or any department authorized thereby to the Customs, complete Customs formalities pursuant to the following provisions:
(1) a truthful written declaration shall be submitted to the Customs with valid travel documents presented for scientific research articles and teaching articles brought into China by hand-carry luggage or separate shipment;
(2) a truthful written declaration shall be submitted to the Customs with valid travel documents presented for scientific research articles and teaching articles brought into China by post or express courier; and
(3) an "Application Form of the Customs of the People's Republic of China for Inbound and Outbound Personal Effects" shall be completed for personal effects brought into China by high-level talents returning for permanent residence or for employment in China continuously for one or more years; and the valid travelling documents, long-term residence permit or the "Certificate of Permanent Residence of Experts Returning to (Visiting) China" shall be presented with a written application submitted to the Customs in charge by the applicant or the applicant's representative.
The Customs at the place of disembarkation shall, upon examination and approval by the Customs in charge, grant clearance of the aforesaid articles based on the examination and approval documents issued by the Customs in charge and other related documents.
Article 6 The employer of a high-level talent who returns or visits China shall complete the relevant formalities pursuant to the Provisions on Exemption of Import Duties on Articles for Scientific Research and Teaching for small quantities of expendable reagents, raw materials or accessories brought into China from overseas by the high-level talent for work purposes.
Where the aforesaid high-level talent needs to carry small quantities of non-expendable articles temporarily for scientific research and teaching work purposes, the employer may issue a letter of guarantee to the Customs, and the Customs shall handle the relevant formalities for the temporary importation of such articles and monitor the re-exportation of such articles by the relevant deadline.
Article 7 Where the Ministry of Personnel, the Ministry of Education or any department authorized thereby has approved a high-level talent to return China for permanent residence or for employment in China continuously for one or more years notwithstanding that the long-term residence permit or "Certificate of Permanent Residence of Experts Returning to (Visiting) China" is not yet obtained, the high-level talent's personal effects which have arrived at the port of entry may first be cleared by the Customs based on a written explanatory document issued by the Ministry of Personnel, the Ministry of Education or any department authorized thereby.
The aforesaid high-level talents shall complete the relevant Customs formalities retrospectively within six months after the articles are brought into China.
Article 8 Automobile vehicles brought into China from overseas for personal use by high-level talents pursuant to the relevant provisions shall come under the scope of Customs' controlled vehicles, and be subject to Customs' control pursuant to the law.
High-level talents may apply to the Customs in charge to lift the control after one year from the date of Customs clearance.
Other regulatory matters pertaining to automobile vehicles brought into China by high-level talents for personal use shall be dealt with pursuant to the relevant provisions of the Measures of the Customs of the People's Republic of China on Inbound and Outbound Articles of Non-Resident Long-term Visitors.
Article 9 Where the original inbound articles are brought out of China by hand-carry luggage, separate shipment, post or express courier when a high-level talent leaves China after completing work in China, the high-level talent shall complete the relevant Customs formalities pursuant to the provisions.
Article 10 Other than contraband outbound items stipulated by the State, the Customs shall complete the relevant temporary outbound item formalities for reasonable quantities of scientific research articles and teaching articles brought out of China in hand-carry luggage, separate shipment, post or express courier by high-level talents travelling overseas for participation in all types of activities such as academic exchange.
Article 11 The Customs shall facilitate Customs clearance for high-level talents travelling into and out of China. With regard to the imported or exported goods brought in hand-carry luggage, except under special circumstances, the Customs may not open the package for inspection.
The specific agencies and personnel designated by the Customs shall conduct examination and Customs clearance formalities for inbound and outbound articles of high-level talents promptly. Where inbound and outbound articles are brought into and out of China by separate shipment, post or express courier on public holidays or outside normal working hours, which require prompt clearance due to special circumstances, the Customs may schedule, in advance, overtime arrangements to conduct Customs clearance formalities within the agreed time limit.
Article 12 Violations of these Measures which constitute smuggling or violations of the Customs control provisions shall be dealt with by the Customs pursuant to the relevant provisions of the Customs Law of the People's Republic of China and the Implementation Regulations of the Customs of the People's Republic of China on Administrative Penalties; where the case constitutes a criminal offence, criminal liability shall be imposed according to law.
Article 13 The General Administration of Customs shall be responsible for the interpretation of these Measures.
Article 14 These Measures shall be effective 1 January 2007.
Appendix 1: List of Duty-free Items for Scientific Research and Teaching Purposes
Appendix 2: List of Duty-free Personal Effects
[1] Appendix 1: List of Duty-free Items for Scientific Research and Teaching Purposes
1. small quantities of compact testing, analyzing, gauging, inspection, measurement, observation, signaling apparatuses, meters and their accessories for scientific research, scientific experiment and teaching purposes;
2. small quantities of compact laboratory devices essential for scientific research and teaching;
3. books, newspapers and periodicals, lecture notes and computer software in any form or medium;
4. specimens and models;
5. slides for teaching purpose; and
6. materials for experiments.
[2] Appendix 2: List of Duty-free Personal Effects
1. Individuals visiting China for the first time may bring, for personal or individual work use, one unit each of home use video camera, camera, portable cassette player, portable CD player and notebook computer;
2. daily necessities (clothing, bedding materials, kitchen utensils, etc.); and
3. other personal effects (other than the twenty types of dutiable goods stipulated by the State).