Provisions of the People's Republic of China on the Administration of Customs Statistics

Chapter I General Provisions

Article 1 The Provisions are hereby formulated in accordance with the Customs Law of the People's Republic of China, the Statistics Law of the People's Republic of China, the Regulations of the People's Republic of China on Customs Statistics, and the Regulations on the Implementation of the Statistics Law of the People's Republic of China, as well as other relevant laws and administrative regulations for the purpose of carrying out customs statistical work in a scientific and effective manner, ensuring authenticity, accuracy, completeness and timeliness of customs statistics, and giving full play to the customs statistics in serving the macro decision-making, foreign trade and economic and social development.

Article 2 The Provisions shall be applicable to the statistics compiled by the Customs on the import and export goods, the inward and outward articles and relevant customs business.

Article 3 The customs statistical work shall be bind by the principles of accuracy and timeliness, scientificity and integrity, and international comparability .

Article 4 All goods that actually pass through customs territory which lead to increase or decrease in the stock of the materials in the territory shall be recorded by the customs as trade statistics of the import and export goods; other goods under Customs supervision and control shall be recorded by the customs as specific statistics according to management needs, and customs operations statistical recordation shall be implemented for customs import and export supervision and management activities and internal management affairs.

Article 5 Customs personnel have the obligation to safeguard secrets of the State, commercial secrets and customs secrets that they acquired from the course of recording.

Chapter II Statistical Investigation and Statistical Supervision

Article 6 The Customs may, based on the needs of statistical recordation, conduct statistical investigations to the consignees and consignors or their agents of the import and export goods , as well as to other statistical investigation objects such as relevant government departments, trade associations and relevant enterprises.

The statistical investigation objects shall cooperate with the Customs in the statistical investigation and provide the Customs with data and information wich is authentic,accurate and complete.

Article 7 The Customs shall collect the original statistical data comprehensively by the way of administrative records. Where the administrative records fail to meet the needs of statistical investigation, the Customs shall collect the original statistical data by means of sampling investigation, key investigation, and supplementary investigation.

Article 8 The Customs may sort out, select and review the original statistical data obtained from the statistical investigation.

Article 9 In case of any doubt about the original statistical data, the Customs may directly make inquiries to the statistical respondents, collect relevant materials, and carry out an on-site inspection and verification when necessary.

The Customs may entrust social intermediaries with collecting relevant materials or providing professional opinions.

Article 10 The Customs shall use statistical data to monitor and evaluate the Customs operations and customs activities so as to provide a decision-making basis for the customs administration.

Article 11 The Customs may use statistical data to carry out the following work:

(1)  monitor the import and export goods;

(2)  supervise the trade activities of import and export enterprises, and combat fraudulent acts according to law.

Article 12 The results of customs statistical supervision can be used as the basis for evaluating the performance of customs operations and implementing risk management.

Chapter III Statistical Analysis and Statistical Services

Article 13 The Customs shall analyze the statistical data, study the characteristics, trends and patterns of foreign trade and customs operations, and execute a dynamic warnings.

Article 14 The Customs shall comprehensively use statistical analysis methods such as quantitative analysis and qualitative analysis to process and organize the statistical data to form analysis reports.

The Customs may jointly carry out statistical analysis with other government departments, scientific research institutions and industry associations.

Article 15 The General Administration of Customs shall submit statistical information such as bulletins, monthly reports and analysis reports of customs statistics to the Central Committee of the Communist Party of China and the State Council.

Article 16 The General Administration of Customs shares the national customs statistical information with other departments of the State Council. After the approval of the General Administration of Customs, the statistical information of the Customs directly under the General Administration of Customs can be shared depending on the actual needs of local governments.

Article 17 The statistical information such as bulletins, monthly reports and annual reports of customs statistics shall be publicized in ways that are conveniently known to the public such as customs portal website and press conferences.

In December each year the General Administration of Customs shall publish the schedule for releasing customs statistical information release in the following year.

Article 18 In addition to the customs statistical information that is actively disclosed according to law, the Customs may provide statistical services based on the needs of the public.

Article 19 The Customs shall establish a review mechanism before the release of statistical information, and the statistical information involving the State secrets, commercial secrets, and customs secrets shall not be released or provided to the public.

Chapter IV Compilation and Management of Statistical Data

Article 20 The General Administration of Customs shall be in charge of administering national customs statistical data. The customs directly under the General Administration of Customs shall be in charge of the management of statistical data in the customs district.

Article 21 The Customs may adjust the statistical items according to the needs of national economic development and customs supervision.

Article 22 The statistical information such as bulletins, monthly reports and annual reports of customs statistics shall be summarized and compiled as per the calendar month and the calendar year respectively.

Article 23 Customs statistical information such as electronic data of customs statistics as well as monthly and annual reports of customs statistics shall be kept permanently.

Chapter V Supplementary Provisions

Article 24 The customs personnel shall not manipulate customs statistical data or fabricate customs data by themselves, nor participate in or suggest data tampering.

Customs personnel, who neglect their duties, abuse their powers or commit illegalities for personal gains in statistics works, shall be punished according to law. If the violation is criminally punishable,the violator shall be held criminally liable in according with the law.

Article 25 Where the parties fail to declare the items that are required by law to be declared,or declare untruthfully, which affects the accuracy of the specific customs statistics, the Customs shall render it a warning or impose a fine of not less than RMB 1,000 but not more than RMB 10,000.

Article 26 The statistical respondents, who refuse or hinder the statistical investigation, or provide untrue, inaccurate or incomplete original statistical information, or transfer, hide, alter or destroy the original statistical information, shall be handled in accordance with the relevant provisions of the Statistics Law of the People's Republic of China.

Article 27 The terms in the Provisions are defined as follows:

Customs statistical data refers to the original customs statistical data and the customs statistical information collected and organized based on the original customs statistical information.

Original customs statistical data refers to the customs declaration documents such as the Customs Declaration Form of the People's Republic of China for Import and Export Goods and others confirmed by the Customs, the documents attached thereto and other relevant data, as well as the original data collected by the Customs through sampling investigation, key investigation, and supplementary investigation.

Customs statistical information refers to electronic data of customs statistics, bulletins, monthly reports and annual reports of customs statistics, and analysis reports of customs statistics.

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

Article 29 The Provisions shall come into force as of October 1, 2018, and the Provisions of the People's Republic of China on the Administration of Customs Statistics promulgated in the form of Decree No. 153 of the General Administration of Customs on September 12, 2006 shall be abolished simultaneously.