BIZCHINA / Customs
Customs Law of the People's Repulbic of China (1987)
Updated: 2006-04-20 09:39
Article 51. A fine may be imposed for any of the following acts which
violate the regulations on customs control prescribed in this Law:
(1) for a means of transport to enter or leave the territory at a place
without a customs establishment;
(2) to fail to inform the Customs of the arrival and departure time of a
means of transport and the place where it will stay or any change of such
a place;
(3) to fail to declare truthfully to the Customs the import or export
goods or the transit, transshipment and through goods;
(4) to fail to accept, in accordance with relevant regulations, the
checking and examination by the Customs of the means of transport, goods
or articles entering or leaving the territory;
(5) for an inward or outward means of transport to load or unload inward
or outward goods or articles or let passengers get on or off without
customs approval;
(6) for an inward or outward means of transport staying at a place with a
customs establishment to leave without customs approval;
(7) for an inward or outward means of transport en route from one place
with a customs establishment to another with a customs establishment to
move out of the territory or to a point in the territory where there is
no customs establishment without completing the clearance formalities and
obtaining customs approval;
(8) for an inward or outward means of transport to engage concurrently in
or change to service within the territory without customs approval;
(9) for an inward or outward vessel or aircraft which, by force majeure,
stops or lands at a place without a customs establishment, or jettisons
or discharges goods or articles in the territory to fail unjustifiably to
report to the customs authorities nearby;
(10) to open, pick up, deliver, forward, change, repack, mortgage or
transfer goods under customs control without customs approval;
(11) to open or break seals affixed by the Customs without authorization;
or
(12) to violate other provisions specified in this Law concerning customs
control so that the Customs cannot exercise or has to suspend control
over inward and outward means of transport, goods or articles.
Article 52. The smuggled goods and articles, illegal incomes and means of
transport used for smuggling which are confiscated and the fines which
are imposed by order of the people's court shall all be turned over to
the State Treasury, and so shall be the smuggled goods and articles and
illegal incomes which are confiscated and the fines which are imposed by
decision of the Customs. It is the responsibility of the Customs to
handle all smuggled goods and articles and the means of transport used
for smuggling which are confiscated by order of the people's court or by
decision of the Customs and to turn them over to the State Treasury in
accordance with the regulations of the State Council.
Article 53. If the party concerned objects to the customs decision of
punishment, he may hand in an application for a reconsideration of the
case, either to the customs establishment making the decision or to one
at the next higher level, within 30 days of the receipt of the
notification on punishment or, in case notification is impossible, within
30 days of the public announcement of the punishment. If the party
concerned finds the decision reached after reconsideration still
unacceptable, he may file a suit in a people's court within 30 days of
the receipt of the decision. The party concerned may also file a suit
directly in a people's court within 30 days of the receipt of the
notification on punishment or within 30 days of the public announcement
of the punishment. If the party concerned refuses to carry out the
Customs decision and fails to apply for a reconsideration of the case or
file a suit in a people's court within the prescribed time limit, the
customs establishment making the decision of punishment may confiscate
the deposit of the party concerned or sell off the goods, articles or
means of transport it has detained to substitute for the penalty, or ask
the people's court for mandatory execution of the decision.
Article 54. If the Customs causes damage to any inward and outward goods
or articles while examining them, it shall make up for the actual loss
from such damage.
Article 55. The criminal responsibility of any customs personnel who
divide up confiscated smuggled goods or articles among themselves shall
be investigated and determined in accordance with Article 155 of the
Criminal Law of the People's Republic of China.
No customs personnel shall be allowed to purchase confiscated smuggled
goods or articles. Those who have done so shall be made to return the
goods or articles, and may be given a disciplinary sanction.
Article 56. Any customs personnel who abuse their powers and
intentionally create difficulties in or procrastinate the control and
examination process shall be given a disciplinary sanction. Those who act
illegally for personal gains, neglect their duties or connive at
smuggling shall be given a disciplinary sanction or investigated for
criminal responsibility in accordance with the law, depending on the
seriousness of the case.
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