Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2020.12.23

Effective Date:  2021.02.01

Validity Status:  valid

Administrative Provisions of the Customs of the People's Republic of China on Statistical Work (2020)

Administrative Provisions of the Customs of the People's Republic of China on Statistical Work (2020)

Chapter I General Provisions

Article 1    The present Provisions are enacted in accordance with the Law of the Customs of the People's Republic of China, the Statistics Law of the People's Republic of China, the Regulations of the Customs of the People's Republic of China on Statistics, the Regulations for the Implementation of the Statistics Law of the People's Republic of China as well as the relevant laws and administrative regulations for the purpose of carrying out customs statistics in a scientific and effective manner, ensuring the authenticity, accuracy, completeness and timeliness of customs statistics, and give full play to the role of customs statistics in serving macro decision making, foreign trade and economic and social development.

Article 2    The present Provisions shall apply to the customs' statistic work on import and export of goods, entry and exit of articles and relevant customs operations.

Article 3    Customs statistics shall follow the principles of accuracy, timeliness, scientific completeness and international comparability.

Article 4    The customs shall make import and export goods trade statistics for the goods that actually enter and exit the territory and result in the increase or decrease of the stock of goods within the territory; make separate statistics for other goods under customs supervision in light of the needs of management; and make customs business statistics for the supervision over entry and exit through customs and the internal administrative affairs.

Article 5    The staff members of a customs office are obliged to keep confidential the state secrets, trade secrets and customs secrets that they have access to in the process of making statistics.

Chapter II Statistical Surveys and Statistical Supervision

Article 6    The customs may, in light of the needs of statistical work, carry out statistical surveys with consignees or consignors of import and export goods or their agents, the relevant government departments, industry associations, the relevant enterprises and other statistical survey objects.

The statistical survey objects shall cooperate with the customs on statistical surveys and provide true, accurate and complete materials and information.

Article 7    The customs shall use administrative records to collect original statistical materials in a comprehensive manner. If administrative records cannot meet the needs of statistical surveys, the customs shall collect original statistical materials by sampling surveys, major surveys, supplementary surveys or other methods.

Article 8    The customs may sort out, screen and verify the original statistical materials obtained in statistical surveys.

Article 9    For any doubt about the original statistical materials, the customs may directly inquire the statistical survey object concerned and collect the relevant materials and may conduct field inspection and verification if necessary.

The customs may entrust social intermediaries to collect the relevant materials or issue professional opinions.

Article 10    The customs shall use statistical data to monitor and evaluate business operations and customs law enforcement and provide the decision-making basis for customs administration.

Article 11    The customs may use statistical data to carry out the following work:

(I)monitoring the import and export of commodities and other relevant situations; and

(II) supervising the trade activities of importers and exporters and punish their frauds in accordance with the law.

Article 12    The statistical supervision results of the customs may be taken as the basis to evaluate the business operation performance of the customs and to conduct risk management.

Chapter III Statistical Analysis and Services

Article 13    The customs shall analyze the statistical data, study the operational characteristics, tendencies and rules of foreign trade and customs operations, and carry out dynamic early warning.

Article 14    The customshouse shall comprehensively employ such statistical analysis methods as quantitative and qualitative analysis to process and sort out the statistical data and make an analysis report.

The customs may conduct statistical analysis together with other government departments, scientific research institutions and industry associations.

Article 15    The GACC shall report the customs statistical information as the statistical flash reports, monthly statements and analysis reports to the Central Committee of the Communist Party of China and the State Council.

Article 16    The GACC and other departments of the State Council shall share customs statistical information countrywide. Upon the approval of the GACC, the statistical information of the customs houses directly under the GACC shall be shared according to the actual needs of the local governments.

Article 17    Such statistical information as the customs statistical flash reports, monthly reports and annual reports shall be announced to the general public via the portal website of the customs, press conference and other ways convenient for understanding by the general public.

The GACC shall announce to the public the time for releasing customs statistical information of the next year to the public in December every year.

Article 18    The customs may provide statistical services upon the need of the social public except for customs statistical information actively disclosed according to law.

Article 19    The customs shall establish censor mechanism prior to the release of statistical information. Any statistical information concerning any state secret, trade secret or customs secret shall not be disclosed or provided to the general public.

Chapter IV Compilation and Management of Statistical Materials

Article 20    The GACC is responsible for the management of the customs statistical materials countrywide. The customs houses directly under the GACC are responsible for the administration of the statistical materials within their respective jurisdictions.

Article 21    The customs may make adjustment to the statistical items in light of the need for developing national economy and customs supervision.

Article 22    Such statistical materials as the customs statistical flash, monthly statements and annual statements shall be collected and compiled on the basis of calendar month and year.

Article 23    The electronic data of customs statistics, monthly statements, annual statements and other customs statistical information shall be kept permanently.

Chapter V Supplemental Provisions

Article 24    No customs functionary may tamper with customs statistical materials or fabricate false data by himself/herself, participate in or incite others to do so.

Any customs functionary who neglects his/her duties, abuses his/her authority or commits illegalities for personal interests or by fraudulent means shall be given sanctions, and shall be subject to criminal liability if a crime is constituted.

Article 25    If any item that shall be declared according to law fails to be declared or the declaration on the item is untruthful, which affects the accuracy of customs' single item statistics, the customs house concerned shall give the offender a warning or impose upon the offender a fine of not less than CNY 1000 but not more than CNY 10,000.

Article 26    Any statistical investigation subject who refuses or hinders the statistical investigation, or provides false, inaccurate or incomplete original statistical materials, or transfers, conceals, juggles or destroys original statistical materials shall be punished according to the relevant provisions of the Statistics Law of the People's Republic of China.

Article 27    For the purpose of the Provisions,

The term "customs statistical materials" shall refer to the original customs statistical materials and the information of customs statistics collected and sorted out on the basis of the original customs statistical materials.

The term "original customs statistical materials" shall refer to the Customs Declaration Form for Import and Export of Goods of the People's Republic of China and other customs declaration documents as well as the attached documents thereto and other relevant materials confirmed by the customs, and the original materials collected by the customs in sampling surveys, emphatic investigations and supplementary investigations and collection.

The term "information of customs statistical materials" shall refer to the electronic data of customs statistics, customs statistical flash reports, monthly statements, annual statements and customs statistical analysis reports.

Article 28    The GACC is vested to interpret the present Provisions.

Article 29    The present Provisions shall come into force on October 1, 2018, repealing simultaneously the Administrative Provisions of the Customs of the People's Republic of China on Statistical Work promulgated under the Decree No.153 of the GACC on September 12, 2006.