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[No.85] Decree of the President of the People's Republic of China No.85

Regulations of the People's Republic of China on Customs Ranks, which were adopted at the 32nd Session of the Standing Committee of the Ninth National People's Congress on February 28, 2003, are hereby promulgated and shall come into force on the day of their promulgation.


Jiang Zemin, President of the People’s Republic of China


February 28, 2003



Regulations of the People's Republic of China on Customs Ranks


(Adopted at the 32nd Session of the Standing Committee of the Ninth National People's Congress on February 28, 2003)


Contents


Chapter 1 General Provisions


Chapter 2 Grades and Classes of Customs Ranks


Chapter 3 Conferment of Customs Ranks


Chapter 4 Promotion of Customs Ranks


Chapter 5 Reservation, Demotion and Deprival of Customs Ranks


Chapter 6 Supplementary Provisions


Chapter 1 General Provisions


Article 1 In order to strengthen the construction of customs troops, to enhance customs personnel’s sense of responsibility, honor and discipline, and to facilitate customs personnel to perform their duties pursuant to law, these Regulations are enacted in accordance with the Constitution.


Article 2 The customs shall apply the system of Customs Ranks. Customs Ranks may be conferred on the state civil servants of the General Administration of Customs, sub-administrations of customs, Supervising Office, regional customs, subordinate customs and offices.


The anti-smuggling police of customs shall apply the system of police ranks of the people’s police.


Article 3 Customs Ranks are the titles and symbols to distinguish the ranks of and to show the identities of the customs personnel, and are the honors the state confers on the customs personnel.


Article 4 Customs personnel shall apply the Customs Ranks on the basis of post ranks.


Article 5 Customs personnel with higher Customs Ranks shall be the superiors to those with lower Customs Ranks. Where a customs personnel with a higher Customs Rank is subordinate in terms of post to one with a lower Customs Rank, the one with the higher post rank shall be the superior.


Article 6 The General Administration of Customs shall be in charge of the work of Customs Ranks.


Chapter 2 Grades and Classes of Customs Ranks


Article 7 Customs Ranks are classified into the following 5 grades and 13 classes:


1) Customs Commissioner-General, Deputy Customs Commissioner-General;


2) Customs Commissioner: First Class, Second Class, Third Class;


3) Customs Supervisor: First Class, Second Class, Third Class;


4) Customs Superintendent: First Class, Second Class, Third Class;


5) Customs Inspector: First Class, Second Class.


Article 8 Customs personnel shall apply the Customs Ranks on the basis of the following post ranks:


1) Chief position at the administration level: Customs Commissioner-General;


2) Deputy position at the administration level: Deputy Customs Commissioner-General;


3) Chief position at the bureau level: Customs Commissioner First Class to Customs Commissioner Second Class;


4) Deputy position at the bureau level: Customs Commissioner Second Class to Customs Commissioner Third Class;


5) Chief position at the division level: Customs Commissioner Third Class to Customs Supervisor Second Class;


6) Deputy position at the division level: Customs Supervisor First Class to Customs Supervisor Third Class;


7) Chief position at the section level: Customs Supervisor Second Class to Customs Superintendent Second Class;


8) Deputy position at the section level: Customs Supervisor Third Class to Customs Superintendent Third Class;


9) Position of staff member: Customs Superintendent First Class to Customs Inspector First Class;


10) Position of office clerk: Customs Superintendent Second Class to Customs Inspector Second Class.


Chapter 3 Conferment of Customs Ranks


Article 9 Customs Ranks shall be conferred on the basis of the customs personnel’ current posts, demonstration of ethic and talent, time of holding the post and years of employment.


Article 10 Where the customs employs customs personnel by examination or transfers customs personnel from other departments, the personnel’s corresponding Customs Ranks shall be conferred after their positions have been determined.


Article 11 Conferment of Customs Ranks shall be approved in accordance with the following limits of authorities:


1) Conferment of Customs Commissioner-General, Deputy Customs Commissioner-General, Customs Commissioner First Class, and Customs Commissioner Second Class shall be approved by the Prime Minister of the State Council;


2) Conferment of Customs Commissioner Third Class to Customs Supervisor Third Class shall be approved by the Minister of General Administration of Customs;


3) Conferment of Customs Superintendent First Class and the lower Customs Ranks of the headquarters and affiliated offices of General Administration of Customs shall be approved by the Director of the Department of Political Affairs of General Administration of Customs;


4) Conferment of Customs Superintendent First Class and the lower Customs Ranks of the regional customs and subordinate customs shall be approved by the Director Generals of the regional customs.


Chapter 4 Promotion of Customs Ranks


Article 12 Customs personnel of Customs Supervisor Second Class and the lower Customs Ranks shall be promoted according to the following periods within the range of the Customs Ranks based on their posts:


From Customs Inspector Second Class to Customs Superintendent First Class, one class every three years;


From Customs Superintendent First Class to Customs Supervisor First Class, one class every four years.


Article 13 If the customs personnel of Customs Supervisor Second Class and the lower Customs Ranks meet the conditions for promotion upon assessment when the period for promotion expires, they shall be promoted class by class; promotion shall be deferred for those failing to meet the conditions. Those with outstanding achievements in work may be promoted in advance upon approval.


Article 14 Customs personnel of Customs Supervisor First Class and the higher Customs Ranks shall be promoted on a selective basis, within the range of the Customs Ranks based on their post ranks, according to their demonstration of ethics and talent and their actual achievements.


Article 15 Where a customs personnel’s post is promoted, but his/her Customs Rank is lower than the lowest Customs Rank of the Customs Ranks based on the new post rank, he/she shall be promoted to that lowest Customs Rank.


Article 16 In cases of promotion from Customs Inspector to Customs Superintendent, from Customs Superintendent to Customs Supervisor, and from Customs Supervisor to Customs Commissioner, the persons must receive training and be qualified before they are promoted.


Article 17 The authority for approval of the promotion of Customs Ranks shall be applicable to Article 11.


Chapter 5 Reservation, Demotion and Deprival of Customs Ranks


Article 18 After retirement, customs personnel may reserve their Customs Ranks, but shall not wear the Insignias.


In case of transfer, resignation or dismissal, customs personnel shall not reserve their Customs Ranks.


Article 19 Where a customs personnel is demoted to a lower post for incompetence for the current post, if his/her Customs Rank is higher than the highest rank of the Customs Ranks based on the new post rank, he/she shall be demoted to that highest rank. The authority for approval of demotion of Customs Rank is the same as that for approval of the original Customs Rank.


Article 20 Where a customs personnel is given the administrative sanctions of demotion or removal from the post, his/her Customs Rank shall be demoted accordingly. The authority for approval of the demotion of Customs Rank shall be the same as that for approval of the original Customs Rank. Where a Customs Rank is demoted, the period for promotion shall be calculated anew according to the demoted Customs Rank.


Demotion of Customs Rank shall not be applied to Customs Inspector Second Class.


Article 21 If a customs personnel is given the administrative sanction of dismissal, or is deprived of political rights or is given a criminal punishment heavier than fixed-term imprisonment, his/her Customs Rank shall be deprived, and no approval formalities are required.


The preceding paragraph shall be applicable to retired customs personnel who commit crimes.


Chapter 6 Supplementary Provisions


Article 22 Measures for Patterns and Ways of Wearing of Customs Rank Insignias shall be formulated by the State Council.


Article 23 These Regulations shall come into force on the day of their promulgation.


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STATEMENT

General Administration of Customs of the People's Republic of China

Address: No.6. Jianguomennei Avenue, Dongcheng District, Beijing, China        Postcode: 100730