Promulgation Authorities:  General Administration of Customs

Promulgation Date:  2017.12.20

Effective Date:  2018.02.01

Validity Status:  valid

Measures of the Customs of the People's Republic of China for Supervision and Control of Luggage and Articles Carried by Inbound and Outbound Passengers （Revised in 2017）

Measures of the Customs of the People's Republic of China for Supervision and Control of Luggage and Articles Carried by Inbound and Outbound Passengers （Revised in 2017）

Chapter 1 General Provision

Article 1    These Measures are enacted in accordance with the Customs Law of the People's Republic of China.

Article 2    Luggage and articles carried by an inbound or outbound passenger shall enter or exit Chinese territory at a place where a Customs office is established.

Article 3    An inbound or outbound passenger shall hand over all luggage and articles carried by himself/herself to the Customs for examination. Before handing over his/her luggage and articles for examination, the inbound or outbound passenger shall fill out the Declaration Form for the Luggage of Passengers or other declaration documents as required by the Customs and make a declaration to the Customs; or make a truthful declaration to the Customs in a way as specified by the Customs.

Where a passenger enters or exits Chinese territory at a Customs office in which the system of examination and release via "red and green channels" is implemented, he/she shall select a channel in accordance with the provisions on selection of "red and green channels" promulgated by the Customs, and go through the formalities for entry or exit of his/her luggage and articles.

Article 4    The time and place for examining the luggage and articles of an inbound or outbound passenger shall be designated by the Customs. When the luggage and articles are examined by the Customs, the owner thereof shall be present and responsible for moving the articles and opening and resealing the package. The Customs may conduct independent examination whenever it considers this necessary. No seals affixed to inward and outward luggage and articles by the Customs may be opened or broken by any person without Customs authorization.

Article 5    An inbound or outbound passenger may go through the formalities for the declaration of his/her luggage and articles and the payment of duties on his/her own, or entrust another person to do so. The agent who is entrusted to go through the said formalities shall, in accordance with various provisions on the consignor herein, go through the Customs formalities, and assume all the relevant obligations and duties.

Article 6    The luggage and articles of a passenger shall be limited to the reasonable quantity for personal use. The luggage and articles that exceed the reasonable quantity for personal use are not allowed to enter or exit Chinese territory.

Upon the review of the Customs, the luggage and articles of a passenger shall be examined and released in accordance with the scope as specified in the Appendix: the Classification Table of the Luggage and Articles of Inbound and Outbound Passengers (hereinafter referred to as the "Classification Table") herein. The reasonable quantity of inward and outward articles, the specific restricted value and restricted quantity of inward and outward articles allowed to be carried by various passengers, and the provisions on levy and exemption of duties shall be formulated separately.

Article 7    Where a passenger carries or transports into or out of Chinese territory the articles listed in the Catalogue of the People's Republic of China on Articles Prohibited from Entry into or Exit from Chinese Territory, and makes a truthful report prior to Customs examination, the articles concerned shall be confiscated or returned, and a fine may be imposed at the same time depending on circumstances. Where the articles are concealed without being reported, the passenger shall be punished in accordance with Article 82 of the Customs Law of the People's Republic of China.

Where a passenger carries or transports the articles listed in the Catalogue of the People's Republic of China on Articles Prohibited from Entry into or Exit from Chinese territory and the articles subject to special control of the governments of the People's Republic of China, the Customs shall deal with the case in accordance with the relevant regulations of the State.

Article 8    A passenger who transports the luggage and articles separately into Chinese territory shall declare them to the Customs at the port of entry. Upon verification and approval by the Customs, the luggage and articles shall be transported into Chinese territory within six months (inclusive, the same below) from the date of the passengers' entry into Chinese territory. When the Customs conducts the examination and release procedures for the said luggage and articles, the duties shall be calculated on a consolidated basis together with the luggage and articles which have been released.

As for the luggage and articles that are transported out of Chinese territory separately, the owner thereof shall complete the Customs formalities on the strength of valid exit certificates before leaving Chinese territory.

Article 9    The articles for personal use in travel which are approved to temporarily enter or exit Chinese territory shall be taken out of or brought into Chinese territory by the passengers concerned within the surveillance period of passengers' luggage and articles. As for other articles that the Customs allow to be released temporarily duty-free in accordance with relevant provisions, the passengers concerned shall handle the entry or exit procedures or take the original objects out of or bring them into Chinese territory within the prescribed time limit.

Article 10    Inward and outward articles declared to be abandoned by the owner, articles for which the Customs formalities are not completed within three months from the date of the declaration of the arrival of the means of transport (the articles that are perishable or liable to lose effectiveness may be dealt with in advance, the same below), and articles to which no one makes a claim within three months in the Customs surveillance zone shall be dealt with by the Customs in accordance with Article 51 of the Customs Law of the People's Republic of China.

Articles 11   Where a passenger carries or transports the articles that fall under any of the following circumstances, the Customs shall refuse to release them, or return them, or the passenger shall store them in warehouses designated by the Customs. The owner of the articles shall go through the formalities for return of the articles and case clearing within three months. Where the owner fails to do so within the time limit, the Customs shall deal with the case in accordance with Article 10 of these Measures.

(1) Articles that are not intended for personal use;

(2) Articles that exceed the reasonable quantity;

(3) Articles that exceed the types, standards, restricted quantity or restricted value of articles as prescribed by the Customs;

(4) Articles for which Customs formalities have not been completed;

(5) Articles on which the duties have not been paid in accordance with the relevant provisions; or

(6) Other articles that cannot be released in accordance with the relevant provisions.

Article 12    A passenger shall, within the surveillance period of passengers' luggage and articles, go through the Customs formalities for entry or exit of the articles in accordance with these Measures and other administrative provisions formulated on the basis of these Measures.

Article 13    Where the articles that are released duty-free by the Customs in accordance with these Measures and other administrative provisions formulated on the basis of these Measures are sold, transferred, rent or devoted to other uses within two years from the date of their entry into Chinese territory, an application for approval shall be filed with the Customs, and the duties shall be paid in accordance with the relevant provisions.

Inward vehicles that are duty-free or subject to duties according to relevant provisions shall not be sold, transferred, rent or devoted to other uses. Where the vehicles need to be transferred for special reasons two years after they are transported into China for use, a report shall be filed with the Customs for approval; where the vehicles are transported into China duty-free, the duties shall be paid in accordance with relevant provisions.

Article 14    An inbound passenger who carries the documents for "overseas sales of vouchers and domestic pick-up of goods" into Chinese territory shall declare them to the Customs. When completing the formalities for examination and release of the articles, the Customs shall calculate the duties on the articles together with the physical objects carried by the passenger into the restricted quantity of the duties to be levied or exempted.

Article 15    The administrative provisions on entry and exit involving special regions, special passengers and special articles shall be formulated in accordance with the principles of these Measures by the relevant Customs as authorized by the General Administration of Customs of the People's Republic of China, and shall be promulgated for implementation upon the approval of the General Administration of Customs.

Article 16    Where an inbound or outbound passenger fails to go through the formalities for the application, Customs declaration or payment of duties for inward or outward articles or other relevant formalities in accordance with these Measures or other administrative provisions formulated on the basis of these Measures, the relevant articles are not allowed to enter or exit Chinese territory. Where a passenger violates these Measures and such violation constitutes an act of smuggling or a passenger commits an act in violation of the provisions for Customs supervision, the Customs shall impose punishments thereon in accordance with the Customs Law of the People's Republic of China and the Rules for the Implementation of Administrative Punishments under the Customs Law of the People's Republic of China.

Chapter 2 Short-term Passengers

Article 17    The luggage and articles carried by a short-term passenger into or out of Chinese territory shall be limited to the articles needed in travel.

Where a resident as a short-term passenger or a Chinese national as a non-resident carries into Chinese territory the articles which fall under Category Three in the Classification Table, the Customs shall levy duties on the articles or release them duty-free in accordance with the restricted value or quantity.

Where non-residents in short-term passengers carry into the territory the articles that fall under Category Three in the Classification Table, the Customs shall deal with the case in accordance with Article 9 of these Measures.

The articles carried into or out of China by border residents who frequently enter or exit Chinese territory, personnel who work in postal service or transport agencies in border areas, personnel who offer services for means of transport in border areas, or other personnel who frequently enter or exit Chinese territory shall be limited to the articles that needed to be used during their travel, unless otherwise stipulated. Without the approval of the Customs, the articles that fall under Category Three in the Classification Table are not allowed to be brought into China.

Where short-term passengers who hold special entry-exit passes to travel from or to Hong Kong or Macao carry the luggage and articles into or out of China, the Customs shall deal with the case in accordance with the provisions separately formulated on the basis of these Measures.

Chapter 3 Long-term Passengers

Article 18    After a non-resident as a long-term passenger enters Chinese territory, when he/she declares with the prescribed time limit the transport of the articles for personal use or settle-down during the period when he/she resides in China, the resident shall file a written application with the competent Customs in advance, and the Customs will, based on the permanent resident certificate (or permanent household registration certificate), other approval documents and the ID certificate issued by the competent authorities of the governments of the People's Republic of China, complete the formalities for examination, approval, verification and release of the articles.

The articles carried into or out of Chinese territory by the said person before the said formalities are completed or temporarily during the period when he/she resides in China shall be dealt with by the Customs in accordance with Article 17 of these Measures.

Article 19    The administrative provisions for the luggage and articles carried into or out of Chinese territory by the residents as long-term passengers shall be formulated separately in accordance with these Measures.

Chapter 4 Settled Passengers

Article 20    Where a passenger allowed to enter Chinese territory for settlement reports the settling-in articles to be transported into Chinese territory within the prescribed time limit, the passenger shall file a written application with the competent Customs in advance, and submit the certificate or approval document for issued by the competent government authorities of the People's Republic of China so as to go through the formalities for the formalities for examination and approval of the articles. Upon verification and approval, the reasonable quantity of personal articles owned and used by the passenger overseas is allowed to enter Chinese territory duty-free; a private car for each household is allowed to be imported after the duties are paid. The passenger shall, on the strength of the written notice of the competent Customs, go through the formalities for examination and release of the articles with the Customs at the port of entry.

Where a passenger exits Chinese territory for overseas settlement within two years of his/her residence from the date of his/her entry into Chinese territory for settlement, the settling-in articles which have been carried into Chinese territory duty-free by the passenger shall be transported out of China or subject to Customs duties.

Article 21    The settling-in articles carried out of Chinese territory by a passenger allowed to go overseas for settlement may be released, except the articles prohibited or restricted from exiting Chinese territory which shall be dealt with in accordance with the relevant provisions.

Chapter 5 Transit Passengers

Article 22    Without the approval of the Customs, transit passengers shall not leave any articles in Chinese territory.

Article 23    In terms of the means of transport which do not stay away from the supervision and control of the Customs after their entry into Chinese territory or the passengers who directly exit Chinese territory from the Customs surveillance zone, the Customs will not examine their relevant luggage and articles in general, but when necessary, the Customs may conduct examination.

Article 24    Where an transit passenger allowed to leave the Customs surveillance zone chooses another means of transport to exit Chinese territory, the Customs shall deal with the case in accordance with Article 17 of these Measures.

Chapter 6 Supplementary Provisions

Article 25    The luggage and articles carried into or out of Chinese territory by the personnel enjoying diplomatic privileges and immunities shall be governed by the relevant provisions separately formulated by the General Administration of Customs of the People's Republic of China.

Article 26    The Appendix of these Measures shall be revised, promulgated and implemented by the General Administration of Customs in light of specific circumstances.

Article 27    For the purpose of these Measures,

"Non-residents" mean the persons who still return to their normal overseas residential places after entering Chinese territory for residence;

"Residents" mean the persons who still return to their normal domestic residential places after exiting Chinese territory for residence;

"Passengers" mean the residents or non-residents who enter or exit Chinese territory;

"Short-term passengers" mean the passengers who are allowed to enter or exit Chinese territory to temporarily reside for no more than one year;

"Long-term passengers" mean the passengers who are allowed to enter or exit Chinese territory to reside for more than one consecutive year (inclusive);

"Settled passengers" mean the passengers who obtain the certificate or approval document for entering or exiting Chinese territory to settle down, and then migrate into or out of Chinese territory;

"Transit passengers" mean the passengers who hold valid transit visas to travel from one overseas place to another overseas place through the transit of Chinese territory;

"Luggage and articles" mean the articles carried by the passengers and required when entering or exiting Chinese territory for travel or residence;

"For personal use" means to be used by the passengers themselves or to be presented as gifts to the relatives and friends, but not for sale or rent.

"Reasonable quantity" means the normal quantity determined by the Customs according to the travel intention of the passengers and the duration of their stay.

"Surveillance period of passengers' luggage and articles" means the period from the date of the entry into Chinese territory by a non-resident this time until the date of his/her exit from Chinese territory for the last time, or from the date of the exit from Chinese territory by a resident until his/her entry into Chinese territory for the last time.

"Separately transported luggage" means the personal luggage and articles that are consigned to be transported into or out of Chinese territory by the passengers with the prescribed time limit after their entry into or exit from Chinese territory;

"Levy or exemption of duties" mean to levy or exempt the import or export duties (i.e. the duties on the luggage and articles of import passengers and personal postal articles); and

"Guarantee" means a legal act of guaranteeing to perform the committed obligations within the prescribed time limit by paying the margin or submitting a letter of guarantee to the Customs.

Article 28    These Measures shall be interpreted by the General Administration of Customs of the People's Republic of China.

Article 29    These Measures shall come into force as of 1 December 1989. The Measures for Supervision and Control of Luggage and Articles Carried by Passengers when Entering or Leaving Chinese Territory promulgated by the former Ministry of Foreign Economic Relations and Trade on 29 September 1958 via the order of Guan Xing Lin Zi [58] No. 985 shall be repealed simultaneously.

Appendix (Only Title Translated):

Classification Table of the Luggage and Articles of Inbound and Outbound Passengers