Approval of Entry/Exit Articles for Official and Personal Use by Resident Offices and Non-Resident Long-Term Visitors
Administrative licensing item: Approval of Entry/Exit Articles for Official and Personal Use by Resident Offices and Non-Resident Long-Term Visitors
Contents:
The Customs permits a resident office to import(re-export) the office equipment, office supplies and motor vehicles necessary for its conduct of business and permits a non-resident long-term visitor to import the self-use articles necessary for his daily life during his residence and stay within the territory of China at reasonable quantity.
Establishment basis:
Item 226 of Decisions of the State Council on Establishing Administrative Licensing for Administrative Examination and Approval Items needed to be Retained (Order of the State Council No.412)
Implementation basis:
1. Administrative Licensing Law of the People's Republic of China
2. Measures of the Customs of the People's Republic of China for Implementing the Administrative Licensing Law of the People's Republic of China (Order of the General Administration of Customs No.117)
3. Supervision Measures of the Customs of the People’s Republic of China for the Inbound and Outbound Articles of Resident Offices for Official Use (Order of the General Administration of Customs No.115)
4. Supervision Measures of the Customs of the People's Republic of China for the Inbound and Outbound Articles for Personal Use of Non-Resident Long-Term Visitors (Order of the General Administration of Customs No.116)
5. Circular of the General Administration of Customs on Issues Concerning the Implementation of the Supervision Measures of the Customs of the People’s Republic of China on the Inbound and Outbound Articles of Resident Offices for Official Use and the Supervision Measures of the Customs of the People's Republic of China for the Inbound and Outbound Articles for Personal Use of Non-Resident Long-Term Visitors (ShuJianFa [2004] No.259)
6. Other laws, administrative rules, regulations, and normative documents
Application requirements:
(I)Resident offices' application for entry (exit) of articles for official use
1. The applicants (resident offices) refer to resident offices that are established by overseas enterprises, press institutions, economic and trade organs, cultural organizations, and other overseas legal persons within the territory of China, upon the approval of competent authorities of the People's Republic of China (excluding schools for children of foreign staff).
2. Before a resident office firstly applies for importing articles for official use, it shall go through recordation formalities with the Customs to obtain the Recordation Certificate of Resident Office Issued by the Customs of the People's Republic of China.
3. The inbound articles for official use applied by the resident offices should only be used for those offices to the extent of a reasonable quantity (with taxes levied by the Customs according to the regulations; except for those enjoying tax exemption according to inter-governmental agreements).
4. Where a resident office applies for importing motor vehicles, the Customs determines the total number of vehicles approved to enter China based on its actual number of residence staff:
(1) 1 vehicle if the number of residence staff is less than 5 (included);
(2) no more than 2 vehicles if the said number is more than 6 but less than 10 (both included);
(3) no more than 3 vehicles if the said number is more than 11 but less than 20 (both included);
(4) no more than 4 vehicles if the said number is more than 21 but less than 30 (both included); and
(5) no more than 6 vehicles if the said number is more than 31.
5. Other requirements as provided in laws, administrative rules and regulations.
(II) Non-resident long-term visitors' application for entry (exit) of articles for Personal use
1. The applicants (non-resident long-term visitors) refer to foreign citizens, people in Hong Kong, Macao and Taiwan regions and overseas Chinese (including other non-resident long-term visitors who work in state-owned (private) enterprises (companies) for a long time and who purchase houses and live in the China (territory) for a long time), who enter the territory of China and reside for one consecutive year or longer within China with the approval of the public security authorities, and return to their overseas residence after their permits expire.
2. The applicants can apply for entry of articles for Personal use only after they have obtained the permits for permanent residence in China.
3. The inbound and outbound articles for Personal use by non-resident long-term visitors shall be limited for their own use to the extent of a reasonable quantity. The Customs exempt the taxes on those firstly applied for entry (except for motor vehicles and 20 kinds of taxable goods as provided by the state) and levy taxes on those repeatedly applied for entry. The articles for Personal use that enjoy duty-free entry according to inter-governmental agreements are exempted from tax in accordance with the law.
4. Residence staff among the non-resident long-term visitors can apply for entry of motor vehicles to the extent of one per person. Other non-resident long-term visitors are not allowed to import any motor vehicle. "Resident staff" refers to the following staff among non-resident long-term visitors:
(1) staff members of resident offices that are established within the territory of China by overseas enterprises, press institutions, economic and trade organs, cultural organizations, and other overseas legal persons, upon the approval of competent authorities of the People's Republic of China, and have been recorded and registered with the Customs;
(2) Staff of foreign-invested enterprises registered with the Customs;
(3) experts entering China for long-term work.
5. other requirements as provided in laws, administrative rules and regulations.
Documents to be submitted upon application:
(I) Customs recordation formalities applicable to resident offices
1. Original and photocopy of approval documents for establishment of resident offices that are issued by competent authorities;
2. Original and photocopy of registration certificates issued by competent authorities;
3. Sample of the seal or stamp for resident offices' customs declaration;
4. Signature sample and original and photocopy of identity certificates of the person in charge of resident office;
5. Residence staff roster of resident office (including the residence staff's names, genders, nationalities, valid entry and exit identification numbers, long-term residence certificate numbers, post-taking time, tenure, duties and address in China and other contents);
6. Other documents and materials as required by the Customs according to the provisions.
(II) Resident offices' application for entry (exit) of articles for official use
1. Recordation Certificate of Resident Offices Issued by the Customs of the People's Republic of China;
2. Application Form of the Customs of the People's Republic of China for Entry and Exit of Articles for Official Use (Annex1);
3. bills of lading (waybills), invoices, packing lists and other related documents;
4. Other documents and materials as required by the Customs according to relevant provisions.
Resident offices, when applying for entry of motor vehicles, are required to hand over both the prescribed documents and the valid identity certificates of their all residence staff for examination.
(III) Non-resident long-term visitors' application for entry (exit) of articles for Personal use
1. Identity certificates:
(1) Staff having no job in China can provide passport, travel permits, reentry permit and other entry and exit documents;
(2) resident foreign merchants, foreign experts, foreign journalists and other Staff having job, in addition to providing entry and exit documents, shall also provide the Employees' Cards of Resident Offices of Enterprises of Foreign Countries (Regions) issued by State Administration for Industry and Commerce, the Foreign Employee's Card and the Foreign Employee's Card of Staff of Hong Kong, Macao and Taiwan Regions issued by the Ministry of Labor and Social Security, and the Foreign Expert Certificate issued by State Administration of Foreign Experts Affairs, the Resident Foreign Journalist's Card prepared and issued by Ministry of Foreign Affairs and other cards or certificates;
(3) overseas students shall provide entry and exit permits and student ID cards issued by the schools within China (territory) that they study in;
2. Certificates of permanent residence: refer to certificates such as the Certificate of Permanent Residence of the People's Republic of China for Foreigners, and the Certificate for Temporary Stay of Overseas Chinese and Staff of the Hong Kong and Macao Regions, and other certificates entitling permanent residence right. As for places that have stopped issuing the Certificate for Temporary Stay to Chinese and long-term residents of Hong Kong and Macau Regions, the Customs may confirm their identity for residence according to their long-term residence certificates issued by the public security bureaus (or police stations) concerned;
3. the Application Form of the Customs of the People's Republic of China for Entry and Exit of Articles for Personal Use (Annex2);
4. bills of lading (waybills), packing lists and other related documents;
5. Other documents and materials as required by the Customs according to relevant provisions.
Resident staff (excluding experts), when applying for entry of motor vehicles, in addition to submitting the aforesaid documents, are also required to submit photocopies of their identity certificates and permanent residence certificates and hand over the Recordation Certificate of Resident Office Issued by the Customs of the People's Republic of China of their resident offices, or the Registration Certificate of Entities Handling Customs Declaration by Themselves of the foreign-invested enterprises in which they work, for inspections.
Procedures:
1. Before a resident office firstly applies for entry of articles, it shall go through recordation formalities with the competent customs of the place where it locates; the said competent customs will issue a the Recordation Certificate of Resident Office Issued by the Customs of the People's Republic of China if no error is found after examination. If any content covered in the Customs Recordation Certificate is changed, the change formalities shall be handled with competent customs within 10 days from the change;
2. When a resident office (non-resident visitor) fills out the application form for entry/exit of articles for official use (articles for Personal use), if the application materials submitted to the competent customs is complete and in compliance with the statutory form, the Customs accepts;
3. In case a license is granted, the Customs directly mark "entry (exit) permitted" on the application form; otherwise, a letter of non-permission, indicating the reasons will be prepared and issued and the applicant will be notified of his right to apply for administrative reconsideration or bring an administrative litigation in accordance with the law;
4. The resident office (non-resident long-term visitor) handles specific declaration procedures with the Customs at the place of entry and exit with the application form, the opinion of "entry/exit permitted" by competent customs and relevant documents.
5. A resident office (staff member) applies to competent customs for receiving the Notice on Receiving or Revoking the License Plate of the Entry/Exit Vehicles under Supervision of the Customs of the People's Republic of China and completes the formalities of applying for and receiving the license plate for the motor vehicle within 10 working days from the day when the customs release the inbound motor vehicle. For a tax-free inbound motor vehicle, the resident office (residence member) shall also apply for the Registration Certificate of Vehicles under Supervision of the Customs of the People's Republic of China to competent customs within 10 working days as of the receipt of the abovementioned notice with the Driving Permit of Motor Vehicles, issued by the public security authorities in charge of traffic control.
Deadline: 3 working days from the acceptance (or 5 working days in case of application for entry of a motor vehicle)
Charging standard: free of charge
Acceptance department: all Customs supervision departments and field operations departments
Office address: See the office address of various customs for details
Office hours: See the office hours of various customs for details
Contact tel.: See the contact telephone of various customs for details
Annexes:
1. Application Form of the Customs of the People's Republic of China for Entry and Exit of Articles for Official Use
2. Application Form of the Customs of the People's Republic of China for Entry and Exit of Articles for Personal Use
Other notes:
In the case of inconsistency between the content hereof and the current laws, administrative regulations, rules and normative documents of the General Administration of Customs,, the latter shall prevail.
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