Customs Law of the People's Republic of China

(Adopted at the 19th Meeting of the Standing Committee of the Sixth National People's Congress on January 22, 1987, Promulgated by Order No. 51 of the President of the People's Republic of China on January 22, 1987, and effective as of July 1, 1987)   Chapter I General Provisions Article 1 This Law is formulated for the purpose of safeguarding state sovereignty and interests, strengthening supervision and control by the Customs, promoting exchanges with foreign countries in economic affairs, trade, science, technology and culture, and ensuring socialist modernization. Article 2 The Customs of the People's Republic of China shall be the state organ responsible for supervision and control over everything entering and leaving the Customs territory (hereinafter referred to as inward and outward persons and objects). The Customs shall, in accordance with this Law and other related laws and regulations, exercise supervision and control over the means of transport, goods, travelers' luggage, postal items and other articles entering or leaving the territory (hereinafter referred to as inward and outward means of transport, goods and articles), collect Customs duties and other taxes and fees, uncover and suppress smuggling, work out customs statistics and handle other Customs operations. Article 3 The State Council shall set up the General Customs Administration which shall exercise unified administration of Customs establishment throughout the country. The State shall set up Customs establishments at ports open to foreign countries and regions and at places which call for concentrated Customs operations of supervision and control. The subordination of one Customs establishment to another shall not be restricted by administrative divisions. Customs establishments shall exercise their functions and powers independently in accordance with the law, and shall be responsible to the General Customs Administration. Article 4 A Customs establishment shall exercise the following powers: (1) To check inward and outward means of transport and examine inward and outward goods and articles: to detain those entering or leaving the territory in violation of this Law or other relevant laws and regulations. (2) To examine the papers and identifications of persons entering or leaving the territory; to interrogate those suspected of violating this Law or other relevant laws and regulations, and investigate their illegal activities; (3) To examine and make copies of contracts, invoices, book accounts, bills, records, documents, business letters and cables, audio and video products and other materials related to the inward and outward means of transport, goods and articles; to detain those related to the means or other relevant laws and regulations; (4) To search, within a Customs surveillance zone and the specified coastal or border area in the vicinity of a Customs establishment, means of transport suspected of involvement in smuggling, and storage places suspected of concealing smuggled goods and articles, and to search persons suspected criminal smuggler may be detained and handed over to judicial organ. Such detention shall not exceed 24 hours and, under special circumstances, may be extended to 48 hours. The scope of the specified coastal or border area in the vicinity of a Customs establishment shall be defined by the General Customs Administration and the public security department under the State Council in conjunction with the relevant provincial people's governments; (5) Customs officers may chase means of transport or persons defying and escaping from Customs supervision an control to places beyond a customs surveillance zone or the specified coastal or border area in the vicinity of a Customs establishment and bring them back to be properly dealt with; and (6) A Customs establishment may be provided with arms for the performance of its duties. Rules governing the carrying and use of arms by Customs officers shall be drawn up by the General Customs Administration jointly with the public security department under the State Council and reported to the State Council for approval. Article 5 All inward and outward means of transport, goods and articles shall enter or leave the territory at a place where there is a Customs establishment. If, under special circumstances, they have to enter or leave the territory at a place without a Customs establishment as a matter of contingency, permission shall be obtained from the State Council or an organ authorized by the State Council, and Customs formalities shall be duly completed in accordance with this Law. Article 6 Unless otherwise provided for, all import and export goods shall be declared and duties on them paid by declaration enterprises registered with the Customs, or by enterprises entitled to engage in import and export business. The persons of these enterprises in charge of the declaration shall be evaluated and approved by the Customs. The Customs formalities concerning declaration of inward and outward articles and payment of duties on them may be completed either by the owner or by a person the owner has entrusted to act as his agent. The agent entrusted to complete the declaration formalities shall abide by all provisions of this Law applicable to the owner. Article 7 Customs personnel shall abide by the laws and regulations, enforce the law impartially, be devoted to their duties and render services in a civilized manner. No unit or individual may obstruct the Customs from performing its duties according to law. Where a Customs of officer meets with resistance while carrying out his duties, the public security organ and the People's Armed Police units performing related tasks shall provide assistance.   Chapter II Inward and Outward Means of Transport Article 8 When a means of transport arrives at or departs from a place where there is a Customs establishment, the person in charge of the means of transport shall make a truthful declaration to the Customs, submit the relevant papers for examination and accept Customs control and examination. The inward and outward means of transport staying at a place with a Customs establishment shall not depart from it without prior permission by the Customs. Before an inward or outward means of transport moves from one place with a Customs establishment to another place with a Customs establishment, it shall comply with the control requirements of the Customs and complete Customs formalities; no means of transport shall be allowed to change its course and leave the territory unless it has cleared the Customs. Article 9 An inward means of transport which has entered the territory but has not made its declaration to the Customs or an outward means of transport which has cleared the Customs but has not left the territory shall move along routes specified by competent communications authories; in the absence of such specification, the routes shall be designated by the Customs. Article 10 The Customs shall be notified in advance, either by the person in charge of a means of transport or by the relevant transport and communications department, of such details as when an inward or outward vessel, train or aircraft will arrive and depart, where it will stay, what places it will move to during its stay, and when the loading or unloading of the goods and articities will take place. Article 11 The inward or outward goods and articles being loaded on or unloaded from a means of transport and the inward and outward passengers boarding or getting off a means of transport shall be subject to Customs control. Upon the completion of such loading or unloading, the person in charge of the means of transport shall submit to the Customs documents and records which reflect the actual situation of the loading and unloading. Those boarding or getting off an inward or outward means of transport who carry articles with them shall truthfully declare to the Customs and shall be subject to Customs examination. Article 12 When an inward or outward means of transport is being checked by the Customs, the person in charge of the means of transport shall be present and open the holds, cabins, rooms or doors of the vehicles at the request of the Customs; where smuggling is suspected, such person shall also open or dismantle the part of the means of transport which may conceal smuggled goods and articles or remove the goods and materials. In accordance with work requirements, the Customs may dispatch officers to perform duties on board the means of transport. The person in charge of the means of transport shall provide them with conveniences. Article 13 An inward means of transport of countries or regions outside the territory or an outward means of transport of units or enterprises inside the territory shall not be transferred or devoted to other uses prior to the completion of Customs formalities and payment of Customs duties. Article 14 Where inward or outward vessels and aircraft are concurrently engaged in transportation of goods and passengers within the territory, Customs approval shall be obtained and requirements for Customs control shall be fulfilled. Customs formalities shall be completed with the Customs for an inward or outward means of transport to change to transport business within the territory. Article 15 Coastal transport vessels, fishing boats and ships engaged in special operation at sea may not carry, obtain on an exchange basis, purchase or transfer inward and outward goods and articles without Customs approval. Article 16 When, owing to force majeure, an inward or outward vessel or aircraft is forced to berth, land or jettison and discharge goods and articles at a place without a Customs establishment, the person in charge of the means of transport shall report immediately to the Customs establishment nearby.   Chapter III Inward and Outward Goods Article 17 All import goods, throughout the period from the time of arrival in the territory to the time of Customs clearance; all export goods, throughout the period from the time of declaration to the time of departure from the territory, shall be subject to Customs control. Article 18 The consignee for import goods and the consignor for export goods shall make an accurate declaration and submit the import or export licensee and relevant papers to the Customs for examination. In the absence of import or export license, goods whose importation or exportation is restricted by the State Council Declaration of import goods should be made to the State shall not be released. Specific measures for handling such matters shall be enacted by the Customs by the consignee within 14 days of the declaration of the arrival of the means of transport; declaration of export goods shall be made by the consignor 24 hours prior to loading unless otherwise specially approved by the Customs. Where the consignee fails to declare the import goods within the time limit prescribed in the preceding paragraph, a fee for delayed declaration shall be imposed by the Customs. Article 19 All imports and export goods shall be subject to Customs examination. While the examination is being carried out, the consignee for the import goods or the consignor for the export goods shall be present and be responsible for moving the goods and opening and restoring the package. The Customs shall be entitled to examine or reexamine the goods or take samples from them without the presence of the consignee or the consignor whenever it considers this necessary. Import and export goods may be exempted from examination if an application has been made by the consignee or consignor and approved by the General Customs Administration. Article 20 Unless specially approved by the Customs, import and export goods shall be released upon Customs endorsement only after the payment of duties or the provision of a guarantee. Article 21 Where the consignee fails to declare the import goods to the Customs within three months of the declaration of the arrival of the means of transport, the goods shall be taken over and sold off by the Customs. After the costs of transport, loading and unloading and storage and the duties and taxes are deducted from the money obtained from the sale, the remaining sum, if any, shall be returned to the consignee provided he submits an application to the Customs within one year of the sale of the goods; if nobody applies within the time limit the money shall be turned over to the State Treasury. Inward goods confirmed by the Customs to be misdischarged or over discharged may be returned to the place of consignment or imported upon completion of necessary formalities by the person in charge of the means of transport carrying the goods or the consignee or the consignor for the goods within three months of the discharging. When neccessary, an extension of three months may be granted through Customs approval. If the formalities are not completed within the time limit, the goods shall be disposed of by the Customs in accordance with the provisions laid down in the preceding paragraph. Where goods listed in the preceding two paragraphs are not suitable for storage over a long period, the customs may, according to actual circumstances, dispose of them before the time limit is reached. Import goods declared to be abandoned by the consignee or the owner shall be taken over and sold off by the Customs. The money thus obtained shall returned over to the State Treasury after the costs of transport, loading, unloading and storage are deducted. Article 22 Goods that are temporarily imported or exported with the approval of the Customs shall be re-shipped out of or into the territory with six months. An extension may be granted in special circumstances through Customs approval. Article 23 The operation of the storage, processing and assembling and consignment sales of bonded goods shall be approved by and registered with the Customs. Article 24 Customs formalitites for import goods shall be completed by the consignee at the Customs establishment at the place where the goods enter the territory; those for export goods shall be completed by the consignor at the Customs establishment where the goods depart from the territory. If applied for by the consignee or the consignor and approved by the Customs, Customs formalities from import goods may be completed at the place of destination where there is a Customs establishment, and those for export goods at the place of consignment where there is a Customs establishment. The transport of such goods from one place with a Customs establishment to another shall comply with the control requirements of the Customs. When necessary, Customs officers may escort the goods in transportation. Where goods enter or leave the territory by electric cables, pipelines or other special means of conveyance, the management units concerned shall report at regular intervals to the designated Customs establishment and complete Customs formalities as required. Article 25 All transit, transshipment and through goods shall be truthfully declared by the person in charge of the means of transport to the Customs establishment at the place where the goods enter the territory, and shall be shipped out of the territory within the designated time limit. The Customs may examine such goods whenever it considers this necessary. Article 26 Without Customs approval, no unit or individual may open, pick up, deliver, forward, change, repack, mortgage or transfer goods under Customs control or change the identification marks on such goods. Seals affixed by the Customs may not be opened or broken by any person without Customs authorization. The managers of warehouses and places where goods under Customs control are kept shall complete procedures for the receipt and delivery of goods in accordance with Customs regulations. The storage of goods under Customs control at a place outside a Customs surveillance zone shall be approved by the a Customs and subject to Customs control. Article 27 The General Customs Administration shall draw up, independently or jointly with the relevant departments under the State Council, rules for control over the salvage of inward and outward containers; rules for control over the salvage of inward and outward goods and sunken shipis rules for control over inward and outward goods involved in small volumes of border transactions and other inward and outward goods not specified in this Law.   Chapter IV Inward and Outward Articles Article 28 Inward and outward luggage carried by individuals and inward and outward articles sent by post shall be limited to reasonable quantities for personal use and shall be subject to Customs control. Article 29 All inward and outward articles shall be accurately declared to the Customs by the owner and shall be subject to Customs examination. Seals affixed by the Customs may not be opened or broken by any person without authorization. Article 30 The loading, unloading, transshipment and transit of inward and outward mail bags shall be subject to Customs control, and a covering waybill shall be submitted to the Customs by the postal enterprise enterprise concerned. The postal enterprise shall inform the Customs in advance of the schedule for the opening and sealing of international mail bag. The customs shall promptly dispatch officers to supervise checking and examination on the spot. Article 31 Inward and outward articles sent by post shall be posted or delivered by the Customs. Article 32 Articles registered with and approved by the Customs for temporarily entering or leaving the territory duty free, shall be taken out or brought into the territory again by the owner. Persons passing through the territory may not leave in the territory, without Customs approval, the articles they carry with them. Article 33 In accordance with Article 21 of this law, the Customs shall dispose of inward and outward articles declared to be abandoned by the owner; articles to which no one makes a claim or for which Customs formalities are not completed within the time limit set by the Customs; and inward postal items which can neither be delivered nor be returned. Article 34 Inward and outward articles intended for offical or personal use by foreign missions or personnel enjoying diplomatic privileges and immunities shall be dealt with in accordance with the Regulations of the People's Republic of China on Diplomatic Privileges and Immunities.   Chapter V Customs Duties Article 35 Unless otherwise provided for in this Law, Customs duties shall be levied according to the import and export tariff on goods permitted to be imported or exported and articles permitted to enter or leave the territory. The tariff shall be made known to the public. Article 36 the consignee of import goods, the consignor of export goods and the owner of inward and outward articles shall be the obligatory Customs duty payer. Article 37 The Customs duty payer of import or export goods shall pay the amount levied within seven days following the date of issuance of the duty memorandum. In case of failure to meet this time limit, a fee for delayed payment shall be imposed by the Customs. Where the delay excceds three months, the Customs may instruct the guarantor to pay the duties or sell off the goods to offset the duties. The Customs may inform the bank to deduct the amount of duties due from the deposits of the guarantor or the obligatory Customs duty payer when it considers this necessary. The payment of duties on inward or outward articles shall be made, prior to their release, by the obligatory Customs duty payer. Article 38 The duty-paying value of an import item shall be its normal CIF price, which shall be approved by the Customs; the duty-paying value of an export item shall be its normal FOB price, which shall be approved by the Customs, minus the export duty. Where it is impossible to ascertain the CIF or FOB price, the duty-paying value of an import or export item shall be fixed by the Customs. The duty-paying value of an inward or outward article shall be fixed by the Customs. Article 39 Duty reduction or exemption shall be granted for import or export goods and inward or outward articles listed below: (1) Advertising items and trade samples of no commercial value; (2) Materials presented free of charge by foreign governments or international organizations; (3) Goods to which damage or loss has occurred prior to Customs release; (4) Articles of a quantity or value within the fixed limit; (5) Other goods and articles specified by law as items for duty reduction or exemption; and (6) Goods and articles specified as items for duty reduction or exemption by international treaties to which the People's Republic of China is either a contracting or an acceding party. Article 40 Duty reduction or exemption may be granted for import and export goods of the Special Economic Zones and other specially designated areas: for import and export goods of specific enterprises such as Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and enterprises with exclusive foreign investment; for import and export goods devoted to specific purposes; and for materials donated for use by public welfare undertaking. The State Council shall define the scope and formulate the rules for such reduction and exemption. The State Council or departments empowered by the State Council shall define the scope and formulate the rules for duty reduction exemption or involved in small volumes of border transactions. Article 41 All import goods and articles for which duty reduction or exemption is granted in accordance with the preceding Article shall be used only in specific areas and enterprises or for specific purposes. They shall not be utilized otherwise unless Customs approval is obtained and duties duly paid. Article 42 Temporary duty reduction or exemption not specified in Articles 39 and 40 of this Law shall be examined and approved by the general Customs Administration independently or jointly with the financial department under the State Council in accordance with the regulations of the State Council. Article 43 Temporary duty exemption shall be granted for goods approved by the Customs as temporarity imported or exported items and for bonded goods imported by special permission after the consignee or the consignor of the goods submits to the Customs a guarantee or a deposit of an amount equal to the duties. Article 44 Where the Customs finds that the duties are short-levied or not levied on a consignment of import or export goods or on an inward or outward article after its release, the Customs shall collect the money payable from the obligatory Customs duty payer within one year of the previous duty payment or the release of the item. If the short-levied or non-levied duties are attributable to the duty payer's violation of the Customs regulations, the Customs may collect the unpaid amount from him within three years. Article 45 Where the duties are over-levied, the Customs, upon discovery, shall refund the money without delay. The duty payer may ask the Customs for refunding within one year of the date of duty payment. Article 46 Where the obligatory Customs duty payer is involved in a dispute over duty payment with the Customs, he shall first pay the duties and may, within 30 days of the issuance of the duty memorandum, apply to the Customs in writing for a reconsideration of the case. The Customs shall reach a decision within 15 days of the receipt of the application. If the obligatory customs duty payer refuses to accept the decision, he may apply to the General Customs Administration for a reconsideration of the case within 15 days of the receipt of the decision. If the decision of the General Customs Administration is still considered unacceptable by the obligatory customs duty payer, he may file a suit in a people's court within 15 days of the receipt of the decision.   Chapter VI Legal Responsibility Article 47 Evasion of Customs control in one of the forms listed below shall constitute a crime of smuggling: (1) To transport, carry or send by post into or out of the territory narcotic drugs, weapons or counterfeit currencies which are prohibited by the State from being imported or exported; to transport, carry or send by post into or out of the territory obscene objects for the purpose of profit-making or dissemination; or to transport, carry or send by post out of the territory cultural relics which are prohibited by the State from being exported; (2) To transport, carry or send by post into or out of the territory, for the purpose of making a profit, articles in relatively large quantities or of a relatively high value which are prohibited by the State from being imported or exported, but which are not included in Item (1) of this Article; and goods or articles in relatively large quantities or of a relatively high value whose importation or exportation is restricted by the State or which are subject to the collection of Customs duties according to law; or (3) To sell, without Customs approval and payment of duties, bonded goods imported by special permission or goods listed for special duty reduction or exemption which are in relatively large quantities or of a relatively high value. Any armed smuggling or resistance by violence to Customs examination of smuggled goods or articles shall constitute a crime of smuggling, whatever the quantity or value of the goods or articles involved. The criminal punishments imposed by the people's court to persons guilty of smuggling include imposing a fine and the confiscation of the smuggled goods or articles, of the means of transport used for smuggling and of the illegal proceeds obtained therefrom. Where an enterprise, an institution or a state organ or a public organization is guilty of smuggling, the judicial organ shall investigate and determine the criminal responsibility of the person or person in charge and the person or persons directly answerable for the offence, and issue an order to impose a fine on the unit and confiscate the smuggled goods or articles, the means of transport used for smuggling and the illegal proceeds obtained therefrom. Article 48 If the smuggled goods and articles involved in one of the acts listed under Items (2) and (3) of Article 47 of this Law are not large in quantity not of high value, or where the carrying or sending by post of obscene objects into or out of the territory does not yet constitute a crime of smuggling, the Customs may, while confiscating the goods, articles or illegal proceeds obtained therefrom, concurrently impose a fine on the person or persons concerned. Article 49 Any of the following acts shall be dealt with as a crime of smuggling and shall be punishable accordance with the provisions of Article 47 of this law: (1) To purchase directly and illegally from a smuggler articles which are prohibited by the State from being imported; or to purchase directly and illegally from a smuggler other smuggled goods or articles in relatively large quantities or of a relatively high value; or (2) To transport, purchase or sell on inland or territorial waters articles which are prohibited by the State from being imported or exported; or to transport, purchase or sell without legal certification goods or articles whose importation or exportation is restricted by the State and which are in relatively large quantities or of a relatively high value. Where an act listed in the preceding paragraphs does not yet constitute a crime of smuggling, punishment shall be applied in accordance with the provisions of Article 48 of this Law. Article 50 Any individual who carries or sends by post articles for personal use into or out of the territory in a quantity exceeding the reasonable limit and fails to declare them to the Customs shall be made to pay the duties and may be fined. 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 trans port 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 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 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 punishment or, in case notification is impossible, within 30 days of the public announcement of 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 suit directly in 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 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 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 article 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.   Chapter VII Supplementary Provisions Article 57 Terms used in this Law are defined as follows: The term 'inward and outward means of transport' means various types of vessels, vehicles, aircraft an pack animals which enter or leave the territory carrying persons, goods or articles. The term 'transit, transshipment and through goods' means goods which come from a place outside the territory and pass through the territory en route to a place outside the territory. Among them, 'transit goods' are those which pass through the territory by land, 'transshipment goods' are those which do not pass through the territory by land but are loaded on a different means of transport at a place with a Customs establishment, and 'through goods' are those which are carried into and out of the territory by the same vessel or aircraft. The term 'goods under Customs control' means import and export goods and transit goods, transshipment goods and through goods listed under Article 17 of this Law, temporarily imported and exported goods, bonded goods and other inward and outward goods for which Customs formalities have not been completed. The term 'bonded goods' means goods which have entered the territory by approval of the Customs as items for which no formalities have been performed in the way of duty payment and which will be reshipped out of the territory after being stored, processed or assembled on the territory. The term 'Customs surveillance zone' means any seaport, railway or highway station, airport, border pass or international postal matter exchange station where there is a Customs establishment, any other place where Customs control is exercised, and any place without a Customs establishment which has been approved by the State Council as a point of entry into and exit from the territory. Article 58 The Customs, shall reward units or individuals for meritorious service in providing information or assistance which leads to the discovery and seizure of offenders against this Law. It shall keep the identities of such units or individuals strictly confidential. Article 59 The State Council shall draw up rules governing control over the means of transport, goods and articles going between the Special Economic Zones and other specially designated areas and other parts of the territory. Article 60 The General Customs Administration shall, pursuant to this Law, formulate rules of implementation to be reported to the State Council for approval before they come into force. Article 61 This Law shall go into effect as of July 1, 1987. The Provisional Customs Law of the People's Republic of China promulgated by the Central People's Government on April 18, 1951, shall be annulled therefrom. the specified period of time, or should a withholding agent fail to submit tax withholding and collection reports to the taxation authorities within the specified period of time, the taxation authorities shall order him to make corrections within a term limit and impose a fine of RMB 2,000 Yuan; if no corrections are made upon expiry of the term limit, a fine of RMB 2,000-10,000 Yuan may be imposed. Article 40 Should a taxpayer resort to such means as forging, tampering with, hiding and/or destroying without permission account books and accounting documents, add fake expense entries or make no or few income entries on the account books, or making false tax declaration in order to pay no or less taxable amount, that would constitute a tax evasion. In the case that the evaded tax amount accounts for over 10% of the taxable amount, and exceeds RMB 10,000 Yuan, or that the tax evasion has been committed after two administrative punishments for tax evasion reasons by the taxation authorities, in addition to collecting the evaded portion of tax, the taxation authorities shall, in line with the provisions of Article 1 of the Additional Provisions with Regard to Punishment of Criminal Tax Evasion and Rebellion against Tax Collection, mete out punishments; should the evaded tax amount be less than RMB 10,000 Yuan or the evaded tax amount account for less than 10% of the taxable amount, the taxation authorities shall collect the evaded tax amount and impose a fine of less than five times the evaded tax amount. Should a withholding agent resort to the means as indicated in the above paragraph, pay none of or less than the withheld and collected tax amount and should this amount account for 10% of the payable tax and exceed RMB 10,000 Yuan, punishments shall be meted out in accordance with the provisions of Article 1 of the Additional Provisions with Regard to Punishment of Criminal Tax Evasion and Rebellion against Tax Collection; should the amount be less than RMB 10,000 Yuan or account for less than 10% of the payable tax, the taxation authorities shall collect the tax amount which has not or inadequately been paid and impose a fine of less than five times the tax amount which has not or inadequately paid. Article 41 Where, as a result that a taxpayer has outstanding payable tax and adopts measures to move away or hide assets, the taxation authorities cannot collect the outstanding tax amount exceeding RMB 10,000 Yuan, in addition to collecting the outstanding tax amount, the taxation authorities shall dish out punishments in compliance with the provisions of Article 2 of the Additional Provisions with regard to Punishment of Criminal Tax Evasion and Rebellion against Tax Collection; should the amount be less than RMB 10,000 Yuan, the taxation authorities shall collect the outstanding tax amount and impose a fine of less than five times the outstanding tax amount. Article 42 In case that an enterprise or institution has committed the law-breaking activities stipulated in Articles 40 and 41 which have constituted crimes, punishments shall be meted out in line with Article 3 of the Additional Provisions with Regard to Punishment of Criminal Tax Evasion and Rebellion against Tax Collection. If the activities have not constituted crimes, the taxation authorities shall collect the tax amount which has not or inadequately been paid and impose a fine of less than five times the tax amount which has not or inadequately been paid. Article 43 Should a taxpayer bribe tax officers so as to pay no or less taxable amount, punishments shall be meted out in line with Article 4 of the Additional Provisions with regard to Punishment of Criminal Tax Evasion and Rebellion against Tax Collection. Article 44 Should an enterprise or institution adopt such fraudulent measures as making false export declarations about the products that it manufactures or deals in so as to swindle money out the State's export tax rebate fund and should the money be more than RMB 10,000 Yuan, the taxation authorities shall collect the swindled amount of tax rebate and mete out punishments in line with Paragraph 1 of Article 5 of the Additional Provisions with Regard to Punishment of Criminal Tax Evasion and Rebellion against Tax Collection; should the swindled amount of export tax rebate from the State be less than RMB 10,000 Yuan, the taxation authorities shall collect the swindled amount of tax rebate and impose a fine of less than five times the swindled amount of tax rebate. In the event of entities or individuals who swindle money out the State's export tax rebate but not falling into the scope as determined in the provisions of the above paragraph, in addition to collecting the swindled amount of tax rebate, the taxation authorities shall mete out punishments in line with the provisions of Paragraph 2 of Article 5 of the Additional Provisions with Regard to Punishment of Criminal Tax Evasion and Rebellion against Tax Collection; should the amount be small and stop short of constituting crimes, the taxation authorities shall collect the swindled amount of tax rebate and impose a fine of less than five times the swindled amount of tax rebate. Article 45 Rebellion against tax collection shall mean refusal to pay tax by using violence and threats. In addition to collecting the refused tax, the taxation authorities shall mete out punishments in line with the provisions of Paragraph 1 of Article 6 of the Additional Provisions with Regard to Punishment of Criminal Tax Evasion and Rebellion against Tax collection; should the activity be light in nature and constitute no crime, the taxation authorities shall collect the refused amount of tax and impose a fine of less than five times the refused amount of tax. Should rebellion against tax collection by violent means result in serious physical injuries or deaths, punishments shall be meted out in a severe manner according to physical injuries crimes and homicides; and a fine shall be imposed in line with the provisions of Paragraph 2 of Article 6 of the Additional Provisions with Regard to Punishment of Criminal Tax Evasion and Rebellion against Tax Collection. Article 46 Should a taxpayer engaged in production and operations or a withholding agent fail to pay, or pay a less amount than, the taxable amount or the transferable tax amount, the taxation authorities shall order him to make payment within a term limit; should no payment is paid upon expiry of the term limit, the taxation authorities may impose a fine of less than five times of the unpaid tax or balance of the payable tax in addition to resorting to the enforcement measures as stipulated in Article 27 of this Law in a bid to collect the unpaid tax or the balance of the payable tax. Article 47 Should a withholding agent have not withheld and collected tax that should have been withheld and collected, the withholding agent shall pay this amount of tax, with the exception of the situation in which the withholding agent has punctually reported to the taxation authorities about the refusal on the part of the relevant taxpayers to have taxes withheld and collected. Article 48 In case of illegally printing invoice in violation of the provisions in Article 14 of this Law, the taxation authorities shall destroy the illegally printed invoices, confiscate the illegal income and impose a fine. Article 49 The administrative punishments provided for in this Law shall be decided upon by a tax bureau (branch) above the county level; for a fine of less than RMB 1,000 Yuan imposed on a self-employed household business or an enterprise or individual engaged in operations without having obtained a business license, the decision shall be made by a tax office. The taxation authorities, when imposing fines, shall issue receipts. Article 50 For those who impede tax officers from exercising ex officio duties with violence and threats, their criminal responsibilities shall be investigated and they be punished in line with the provisions of Article 157 of the Criminal Law; for those who refuse and impede tax officers from exercising ex officio duties but without using any violence or threats, they shall be punished by the public security authorities in line with the Rules on the Punishment of Offenses against Social Order Administration. Article 51 The income confiscated by the people's courts and taxation authorities shall all be turned into the State treasury. Article 52 In the event that a tax officer conspires with a taxpayer and/or withholding agent, instigates or assists a taxpayer and/or withholding agent in commiting offenses against Articles 40, 41, 42 and 44 of this Law, punishments shall be meted out in compliance with the provisions regarding joint offenses; if the activities involved do not constitute crimes, disciplinary sanctions shall be imposed on them. Article 53 Any tax officer, should he commit a crime by taking advantage of the conveniences in his duties in the form of taking or requesting money and/or property, shall be prosecuted in line with the crime of taking bribes; if his activities do no amount to any crime, he shall be disciplined. Article 54 Any tax officer, should he neglect his duties, collect none, or less than, the payable tax and thus cause great losses to the State, shall be prosecuted in line with Article 187 of Criminal Law; if his activities do not amount to any crime, he shall be disciplined. In case of a tax officer abusing his powers and deliberately making things difficult for taxpayers and/or withholding agents, he shall be subjected to disciplinary sanctions. Article 55 Should anyone violate the provisions in laws and administrative regulations by deciding without due authorization to begin, terminate, reduce, exempt or rebate taxation or collect back tax, this decision made without due authorization shall be cancelled in line with the provisions of this Law; in addition, the payable but unpaid tax shall be collected and the unduly collected tax be returned. The administrative responsibilities of the persons directly involved shall be instigated by the direct superiors of the taxation authorities. Article 56 Should any dispute arise between a taxpayer, a withholding agent or a tax payment guarantor and the taxation authorities with regard to tax payment, the tax and arrearage shall be paid or transferred according to the provisions in laws and administrative regulations in the first place; and then, within 60 days after receipt of the tax payment certificate issued by the taxation authorities, they may apply for reconsideration by the direct superiors of the taxation authorities in question. The direct superiors of the taxation authorities in question shall make the reconsideration decision within 60 days after receipt of the application for reconsideration. If they do not accept the reconsideration decision, they may institute a litigation before a people's court within 15 days after receipt of the reconsideration decision. Should the parties involved do not accept the punishment decision, the execution of enforcement or tax preservation measures by the taxation authorities, they may apply for reconsideration by the direct superiors of taxation authorities in question within 15 days after receipt of the punishment notice. If they do not accept the reconsideration decision, they may institute a litigation before a people's court within 15 days after receipt of the reconsideration decision. The parties involved may also, within 15 days after receipt of the punishment notice or after the execution of enforcement or tax preservation measures by the taxation authorities, directly bring a lawsuit before a people's court. In the course of reconsideration and litigation, the execution of enforcement and tax preservation measures shall not stop. With regard to the punishment decision made by the taxation authorities, should the parties involved make no application for reconsideration, bring no litigation before the people's court but stop short of complying with the decision, the taxation authorities having made the decision may apply with a people's court for enforcement.   Chapter VI Supplementary Articles Article 57 Taxpayers and withholding agents can entrust tax agents to handle matters related to taxation. Article 58 The administration over the collection of the agricultural tax, the animal husbandry tax, the arable land occupancy tax and the contract tax shall be conducted in reference to the relevant provisions in the Law. The administration over the collection of the tariffs, vessel tonnage tax and taxes withheld by the Customs service shall be conducted in line with the relevant provisions in laws and administrative regulations. Article 59 Should there be any discrepancy between this Law and the treaties and agreements signed between the People's Republic of China and foreign countries, the provisions in those treaties and agreements shall be observed. Article 60 Should there be any discrepancy between this Law and the taxation legislation promulgated in the past, this Law shall prevail. Article 61 The State Council shall formulate implementing rules for this Law. Article 62 This Law shall enter into force as of January 1, 1993. The Interim Rules on the Administration of Taxation Collection of the People's Republic of China promulgated by the State Council on April 21, 1986 shall be concurrently abolished.

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