Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2018.05.29

Effective Date:  2018.07.01

Validity Status:  valid

Measures of the Customs of the People's Republic of China on Regulation of Inbound and Outbound Transportation Vehicles

Measures of the Customs of the People's Republic of China on Regulation of Inbound and Outbound Transportation Vehicles

Chapter 1 General Principles

Article 1   These Measures are formulated pursuant to the Customs Law of the People's Republic of China for the purposes of standardising Customs regulation of inbound and outbound transportation vehicles and protecting the legitimate rights and interests of persons-in-charge of inbound and outbound transportation vehicles and service providers for inbound and outbound transportation vehicles.

Article 2   Inbound and outbound transportation vehicles referred to in these Measures shall mean various types of vessels, aircrafts, railway carriages, highway vehicles and pack animals used to carry personnel, goods and articles into or out of the Chinese territory.

Article 3   These Measures shall apply to Customs regulation of inbound and outbound business transportation vehicles, Customs regulation of inbound and outbound non-business transportation vehicles shall be implemented with reference to these Measures.

Article 4   Except where approved by the State Council or agencies authorised by the State Council, inbound and outbound transportation vehicles shall enter or exit the border at locations where Customs offices are established, berth, load and unload goods and articles, and embark or disembark personnel at Customs control premises.

Where any event of force majeure has induced inbound and outbound transportation vehicles to berth, land, or dump, load or unload goods and articles, and embark or disembark personnel at locations where Customs offices are not established or non-Customs control premises, persons-in-charge of inbound and outbound transportation vehicles shall forthwith report to a nearby Customs office. The nearby Customs office shall regulate the transportation vehicles and the goods and articles carried by such vehicles.

Article 5   Inbound transportation vehicles, after entering the border and before making Customs declaration, and outbound transportation vehicles, after completing Customs formalities and before exiting the border, shall travel along the route stipulated by the transportation authorities in charge. Where the transportation authorities in charge do not have such provisions, the route shall be designated by the Customs.

Inbound transportation vehicles, after making Customs declaration upon border entry and before exiting the border, shall travel along the route recognised by the Customs.

Article 6    When an inbound and outbound transportation vehicle arrives at or departs from any location where a Customs office is established, the person-in-charge of the inbound and outbound transportation vehicle shall make Customs declaration via a declaration form.

Article 7   Foreign transportation vehicles entering the border and domestic transportation vehicles exiting the border that have not completed Customs formalities and paid customs duties shall not be transferred or removed for any other purposes.

Transportation vehicles imported or exported as goods through leasing or any other trading means shall, in addition to completing inbound or outbound formalities for inbound and outbound transportation vehicles pursuant to these Measures, complete Customs declaration formalities for importing or exporting inbound and outbound transportation vehicles pursuant to the relevant provisions.

Chapter 2 Filing Administration

Article 8   Inbound and outbound transportation vehicles, persons-in-charge of inbound and outbound transportation vehicles and service providers for inbound and outbound transportation vehicles shall file record with a Customs office directly under the General Administration of Customs at the place of business operation or a subordinate Customs office authorised by a Customs office directly under the General Administration of Customs.

The Customs shall implement administration of nationwide Customs' network for filing of inbound and outbound transportation vehicles, persons-in-charge of inbound and outbound transportation vehicles and service providers for inbound and outbound transportation vehicles.

Article 9   Where inbound and outbound transportation vehicles, persons-in-charge of inbound and outbound transportation vehicles and service providers for inbound and outbound transportation vehicles are required to file record with the Customs, "Filing Form for Inbound and Outbound International Vessels", "Filing Form for Inbound and Outbound Aircrafts", "Filing Form for Inbound and Outbound Railway Carriages", "Filing Form for Inbound and Outbound Highway Vehicles", "Filing Form for Persons-in-charge of Transportation Vehicles" or "Filing Form for Service Providers for Transportation Vehicles" shall be submitted for different types of transportation, together with materials stated in documents included in the aforesaid filing forms.

The relevant measures on administration of service providers for transportation vehicles shall be separately formulated by the General Administration of Customs.

Article 10   Where there is any change in the contents of "Filing Form for Transportation Vehicles", "Filing Form for Persons-in-charge of Transportation Vehicles" or "Filing Form for Service Providers for Transportation Vehicles", the person-in-charge of inbound and outbound transportation vehicle and the service providers for inbound and outbound transportation vehicle shall, within the period stipulated by the Customs, present the "Form for Change of Filing" and the relevant documents to complete filing change formalities with the Customs which processed the filing.

Persons-in-charge of inbound and outbound transportation vehicles and service providers for inbound and outbound transportation vehicles may voluntarily apply for cancellation of filing. The Customs may also cancel filing pursuant to the law.

Article 11   The Customs shall implement categorised administration over service providers for inbound and outbound transportation vehicles and enterprises owning and operating inbound and outbound transportation vehicles that have filed record with the Customs, the detailed measures shall be separately formulated by the General Administration of Customs.

Chapter 3  Administration of Transportation Vehicles

Section 1 Regulation at Border Entry

Article 12   Persons-in-charge of inbound transportation vehicles shall notify the Customs of their expected destination ports of arrival in China and estimated time of arrival in electronic data within a stipulated period.

Where there are restrictions due to objective conditions, subject to Customs approval, persons-in-charge of highway vehicles may notify the Customs by way of telephone, facsimile and other means.

Before inbound transportation vehicles arrive at locations where Customs offices are established, persons-in-charge of transportation vehicles shall notify the Customs of their time of entry, time of arrival at the destination ports and their berthing positions.

Article 13   When inbound transportation vehicles arrive at locations where Customs offices are established, persons-in-charge of transportation vehicles shall make Customs declaration for different types of transportation, and submit the "Declaration Form of the Customs of the People's Republic of China for Vessels Entering the Border (Port)", "Declaration Form of the Customs of the People's Republic of China for Aircrafts Entering the Border (Port)", "Declaration Form of the Customs of the People's Republic of China for Railway Carriages Entering the Border" or "Declaration Form of the Customs of the People's Republic of China for Highway Vehicles Entering the Border (Port)", together with other documents to be submitted for inspection as stated in the aforesaid declaration forms.

Persons-in-charge of inbound transportation vehicles may also complete Customs declaration formalities in advance before transportation vehicles enter the Chinese territory.

Article 14   When inbound transportation vehicles arrive at Customs control premises, the operators of Customs control premises shall notify the Customs.

Article 15   At the time of acceptance of Customs declarations by an inbound transportation vehicle, the Customs office shall verify the declaration documents.

Prior to making Customs declaration, no goods and articles shall be loaded onto or unloaded from statutory inbound transportation vehicles without the consent of the Customs, no personnel shall embark on or disembark from such vehicles except for pilots and port inspection officers.

Section 2 Regulation during Stay

Article 16   Upon arrival at locations where Customs offices are established, inbound and outbound transportation vehicles shall be subject to Customs regulation and inspection.

When the Customs inspects inbound and outbound transportation vehicles, persons-in-charge of transportation vehicles shall be present and open cabins, rooms and vehicle doors in accordance with the requests of the Customs. Where the persons-in-charge are suspected of smuggling, they shall be requested to open the parts where smuggled goods and articles may have been concealed, and to remove goods and materials.

The Customs may request personnel on inbound and outbound transportation vehicles to gather together and cooperate with the Customs in conducting inspections as it may deem necessary.

Upon completion of inspections by the Customs, an "Inspection Record" shall be prepared pursuant to the provisions.

Article 17   The Customs may deploy its personnel on inbound and outbound transportation vehicles as it may deem necessary, persons-in-charge of inbound and outbound transportation vehicles shall provide conveniences for such Customs personnel.

Where Customs personnel are deployed on inbound and outbound transportation vehicles, the loading and unloading of goods and articles and embarkation and disembarkation of personnel of inbound and outbound transportation vehicles shall be subject to the consent of deployed Customs personnel.

Article 18   Persons-in-charge of inbound and outbound transportation vehicles shall notify the Customs one hour before the loading or unloading of goods of inbound and outbound transportation vehicles. Where the time of travel is less than one hour, the Customs may be notified immediately before the loading or unloading of goods.

The Customs may supervise the loading and unloading of goods of inbound and outbound transportation vehicles.

Upon completion of loading and unloading of goods and articles of inbound and outbound transportation vehicles, persons-in-charge of inbound and outbound transportation vehicles shall submit delivery documents and records to the Customs indicating the actual information on loading and unloading.

Article 19   Where inbound and outbound transportation vehicles change their berthing places during their stay at the Customs control premises, persons-in-charge of inbound and outbound transportation vehicles shall notify the Customs in advance.

Section 3  Regulation in Domestic Continued Travels

Article 20    Where an inbound and outbound transportation vehicle travels from one location where a Customs office is established to another location where a Customs office is established in China, the person-in-charge of the inbound and outbound transportation vehicle shall complete departure formalities pursuant to the relevant provisions under Section 4 of this Chapter.

Article 21   Where an inbound and outbound transportation vehicle travels from one location where a Customs office is established to another location where a Customs office is established in China, such vehicle shall comply with Customs regulatory requirements and the Customs office at the location of departure shall prepare the Customs seal. The person-in-charge of the inbound and outbound transportation vehicle shall keep the Customs seal properly and present it to the Customs office at its destination at the time of arrival of the other location where a Customs office is established.

Without the consent of the Customs office at the location of departure, the inbound and outbound transportation vehicle shall not change its destination, and it shall not travel overseas without completion of Customs formalities.

Article 22   When an inbound and outbound transportation vehicle travels from one location where a Customs office is established to another location where a Customs office is established in China, the Customs may deploy its personnel on the transportation vehicle to carry out regulation, and the person-in-charge of the inbound and outbound transportation vehicle shall provide conveniences for such Customs personnel.

Article 23   After an inbound and outbound transportation vehicle travels from one location where a Customs office is established to another location where a Customs office is established in China and arrives at its destination, arrival formalities shall be completed pursuant to the relevant provisions under Section 1 of this Chapter.

Section 4  Regulation at Border Exit

Article 24   Two hours before the departure of an outbound transportation vehicle from a location where a Customs office is established toward overseas, the person-in-charge of the transportation vehicle shall notify the Customs of the time of departure in the form of electronic data. For a transportation vehicle that leaves the Chinese territory temporarily, the person-in-charge of the transportation vehicle may notify the Customs of the time of departure before it departs from the location where a Customs office is established.

Where there are restrictions due to objective conditions, subject to Customs approval, persons-in-charge of highway vehicles may notify the Customs by way of telephone, facsimile and other means before the vehicles leave the Chinese territory.

Article 25   When transportation vehicles leave the Chinese territory, persons-in-charge of transportation vehicles shall make Customs declaration for different types of transportation, and submit the "Declaration Form of the Customs of the People's Republic of China for Vessels Leaving the Border (Port)", "Declaration Form of the Customs of the People's Republic of China for Aircrafts Leaving the Border (Port)", "Declaration Form of the Customs of the People's Republic of China for Railway Carriages Leaving the Border", or "Declaration Form of the Customs of the People's Republic of China for Highway Vehicles Leaving the Border (Port)", together with other documents to be submitted for inspection as stated in the aforesaid declaration forms.

Article 26   After goods and articles have been loaded, or all passengers have been on board an aircraft (vessel or vehicle), persons-in-charge of outbound transportation vehicles shall submit an application for Customs clearance to the Customs. The Customs shall prepare and issue a "Notice of Customs Clearance" when all information has been examined and duly verified.

After the Customs has prepared and issued the "Notice of Customs Clearance", no goods shall be loaded onto or unloaded from outbound transportation vehicles or no passengers shall embark on or disembark from outbound transportation vehicles without the consent of the Customs.

Article 27   When an outbound transportation vehicle leaves a Customs control premise, the operator of the Customs control premise shall notify the Customs.

Article 28   Where an inbound and outbound transportation vehicle failed to leave 24 hours upon completion of Customs formalities for border exit or continued travels, the person-in-charge of the transportation vehicle shall complete relevant formalities again.

Chapter 4 Administration of Materials

Article 29   Upon application by the person-in-charge of the transportation vehicle and approval of the Customs, the following materials may be added, loaded or transferred onto an inbound and outbound transportation vehicle:

(1) Fuels such as light oil, heavy oil, etc that ensure proper functioning of the inbound and outbound transportation vehicle;

(2) Day-to-day provisions and foods that are supplied to personnel and passengers aboard the inbound and outbound transportation vehicle;

(3) Spare parts, cabin-cushioning materials, and ropes, tarpaulins, straw nets, etc used for reinforcement and covering purposes to ensure the safety of the inbound and outbound transportation vehicle and the goods carried thereon; and

(4) Any other articles as approved by the Customs.

Article 30   Where materials are required to be added or loaded onto an inbound and outbound transportation vehicle, units that add materials or receive loaded materials shall make Customs declaration and submit the following documents:

(1) Declaration Form of the Customs of the People's Republic of China for Materials Loaded/Added onto Transportation Vehicles;

(2) Detailed List of Added or Loaded Materials; and

Where a foreign transportation vehicle adds or loads materials within the Chinese territory, such materials shall be included in Customs statistics.

Article 31   Where materials are transferred between inbound and outbound transportation vehicles, the person-in-charge of the inbound and outbound transportation vehicle receiving such materials shall submit a "List of Transferred Materials for Transportation Vehicles" to the Customs upon completion of transfer of such materials.

Article 32   Materials added, loaded or transferred onto inbound and outbound transportation vehicles shall be subject to Customs regulation.

Article 33   Persons-in-charge of inbound and outbound transportation vehicles shall be exempted from submitting licences for materials added, loaded or transferred onto such vehicles and Customs shall release such materials free of duty. Where the added or loaded materials which are restricted by the State from entering or exiting the Chinese territory or are essential to the national economy and the people's livelihood exceed a reasonable limit for personal consumption, Customs formalities shall be completed pursuant to the relevant provisions on imports and exports.

Article 34   Except for the following circumstances, materials that have been used and scrapped by inbound and outbound transportation vehicles shall be transported out of the Chinese territory:

(1) Where persons-in-charge of transportation vehicles have declared such scrapped materials as being included in the "Catalogue of Scrapped Materials Usable as Raw Materials under Automatic Import Category" or "Catalogue of Scrapped Materials Usable as Raw Materials under Restricted Import Category", and where the units receiving such materials have completed import formalities; and

(2) Where the supply materials do not fall under the scope of the "Catalogue of Scrapped Materials Usable as Raw Materials under Automatic Import Category" or "Catalogue of Scrapped Materials Usable as Raw Materials under Restricted Import Category", and they are oily water, waste, etc produced from cabin cleaning for inbound and outbound transportation vehicles, and the persons-in-charge of transportation vehicles or units receiving such materials are able to decontaminate such materials pursuant to the law within 30 days from the date of unloading such materials from the inbound and outbound transportation vehicles.

Where the materials listed in items (1) and (2) of the preceding paragraph failed to go through legitimate formalities or failed to be decontaminated pursuant to the law within the stipulated period, the Customs may order such materials to be returned.

Article 35   Persons-in-charge of inbound and outbound transportation vehicles shall deliver all imports to consignees. Upon the approval of the Customs, sweepings may be released free of duty if the following criteria are satisfied concurrently:

(1) The imports are bulky cargoes;

(2) The consignees of imports have confirmed the transportation vehicles as being completely unloaded; or

(3) The sweepings weigh less than one metric ton and represent less than 0.1% of the total weight of the imports.

Where the sweepings stipulated in the preceding paragraph are subject to licensing, persons-in charge of inbound and outbound transportation vehicles shall be exempted from submission of licences.

Chapter 5 Administration of Articles Carried by Transportation Vehicle Staff

Article 36   Where personnel on inbound and outbound transportation vehicles carry articles into or out of the Chinese territory, they shall make Customs declaration and shall be subject to Customs regulation.

Article 37   Personnel on inbound and outbound transportation vehicles shall only carry articles that are essential in their period of service and whose quantities shall not exceed reasonable limits for personal consumption.

Personnel on transportation vehicles shall not carry articles into or out of the Chinese territory for the benefits of any other people.

Article 38   Personnel on inbound and outbound transportation vehicles who need to carry articles into the Chinese territory for personal consumption shall complete formalities with the Customs. The Customs shall inspect and release such articles pursuant to the relevant provisions.

Chapter 6  Supplementary Provisions

Article 39   A violation of these Measures which constitutes smuggling or a violation of Customs regulatory provisions or any other acts which violate the Customs Law shall be dealt with by the Customs pursuant to the relevant provisions of the Customs Law 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 pursued in accordance with the law.

Article 40    The following terms used in these Measures shall be defined as follows:

"Persons-in-charge of transportation vehicle" shall mean enterprises owning or operating the inbound and outbound transportation vehicles, captains, drivers and trainmasters of such vehicles, and agents authorised by the aforesaid enterprises or personnel.

"Service providers for transportation vehicles" shall mean enterprises that supply materials stipulated in Article 29 of these Measures to inbound and outbound transportation vehicles or receive used or scrapped materials produced from transportation vehicles (including personnel and passengers carried) as a result of consumption.

"Sweepings" shall mean sweeping of residual imports left in inbound and outbound transportation vehicles upon completion of loading and unloading as a result of imperfect loading and unloading technologies or any other reason after the consignees of imports have confirmed the inbound and outbound transportation vehicles as being completely unloaded.

"Personnel on transportation vehicles" shall mean personnel and trainees holding the relevant qualification certificates who drive and provide other services on inbound and outbound transportation vehicles.

Article 41   Where the General Administration of Customs has approved the use of electronic data alone for Customs clearance for transportation vehicles, applicants for Customs clearance shall retain printed documents for no less than three years.

Article 42   Regulatory measures on pack animals shall be separately formulated by the Customs.

Customs regulation of small-sized vessels and highway vehicles travelling to and from Hong Kong and Macau shall be subject to the relevant provisions separately.

Article 43   The formats of the documents listed in these Measures shall be prepared and announced separately by the General Administration of Customs.

Article 44   The General Administration of Customs shall be responsible for interpretation of these Measures.

Article 45   These Measures shall be effective 1 January 2011. The Rules Governing the Supervision and Control of International Civil Aircraft by the Customs of the People's Republic of China promulgated via Mao Guan Huo (1974) No. 233 by the Ministry of Foreign Trade on 10 September 1974; the PRC Customs, Supervision of International Linked Rail Transport Entering and Departing the Country and the Goods and Articles Carried by Such Transport Procedures promulgated via General Administration of Customs Order No. 11 on 15 March 1990 and the Measures of the Customs of the People's Republic of China on Regulation of Inbound and Outbound International Vessels and Goods and Articles Carried Thereon promulgated via General Administration of Customs Order No. 24 on 23 August 1991 shall be repealed simultaneously.