Approval for Storage of Goods under Customs Supervision
Item under administrative license: Approval for storage of goods under Customs supervision
Contents licensed:
The Customs permit enterprises to establish premises for the storage of goods under Customs supervision including wharfs, stations, freight depots, storage yards, warehouses and express centers (excluding export supervision warehouses, bonded warehouses, duty-free shops and bonded factories under the stationed supervision of personnel appointed by Customs).
Basis for establishment:
Article 38 of the Customs Law of the People’s Republic of China: Enterprises operating the storage of goods under Customs supervision shall register with the Customs and go through receipt & storage and delivery formalities according to the requirements of the Customs. Where the enterprises store goods under Customs supervision in sites beyond Customs supervision, the enterprises shall obtain the approval of the Customs and accept Customs supervision.
Basis for implementation:
1. Administrative License Law of the People’s Republic of China
2. Measures of the Customs of the People’s Republic of China on Implementing the Administrative License Law of the People’s Republic of China (Decree No. 117 of the General Administration of Customs)
3. Management Measures of the Customs of the People’s Republic of China on Sites under Supervision (to be issued by the General Administration of Customs)
4. Other laws, administrative regulations, rules and normative documents
Application requirements:
1. Independent corporate capacity;
2. Operation qualifications approved by competent administrative authorities;
3. Registered capital is no less than RMB 3 million;
4. Has permanent sites necessary for application items;
5. Premises for storage of goods under Customs supervision shall comply with the requirements of Establishment Standards for Places under Supervision of the Customs of the People’s Republic of China (e.g., independent closed region, establishment of separation fencing (wall), building of entrance and exit bayonet of the passage and adoption of computer networking with Customs);
6. Other requirements as provided by laws, administrative laws and regulations and Customs rules.
Documents to be submitted upon application:
1. Application for registration of premises under Customs supervision of the People’s Republic of China (Annex 1);
2. Copy of the business license of enterprise legal person;
3. Copy of tax registration certificate;
4. Copy of organization code certificate;
5. Copy of the ID card of legal representative;
6. Copy of certificate of ownership or right of use of the site;
7. Copy of license or certificate issued by relevant competent administrative authorities is required for storing liquid/gas chemical and dangerous items including combustible and explosive items or other special goods and articles;
8. Plan of the site;
9. Other materials required by the Customs.
Original copies of written materials mentioned in point 2 to point 7 above are required for Customs review.
Handling procedures:
(I) Application, acceptance, review and decision of license
1. Applicants can apply with the local supervisory customs by submitting complete documents which meet legal requirements. And the local supervisory customs will accept the application. The local supervisory customs will propose opinions for primary review within 20 working days from the date of acceptance. The opinions, accompanied by relevant documents, will be submitted to the Customs directly under the GACC for approval.
2. The Customs directly under the GACC shall complete the review within 20 working days from the date of receipt of the application documents from local supervisory customs. The Customs directly under the GACC will prepare and issue the Letter of Decision of the Customs of the People’s Republic of China on Approval of Establishing Premises under Supervision to qualified applicants, and prepare and issue the Letter of Decision of the Customs of the People’s Republic of China on Disapproval of Establishing Premises under Supervision to unqualified applicants with justification. The Letter of Decision of the Customs of the People’s Republic of China on Approval of Establishing Premises under Supervision is valid for one year. The Customs directly under the GACC can approve an extension upon the written application of the applicants before the date of expiration. And the extension period shall not exceed one year.
3. Within the validity period of Letter of Decision of the Customs of the People’s Republic of China on Approval of Establishing Sites under Supervision, applicants apply with local supervisory customs to check and accept storage premises of goods under Customs supervision and submit relevant documents. After reviewing and proposing opinions, local supervisory customs will report to the Customs directly under the GACC for check and acceptance. Besides, applicants may also directly apply to the Customs directly under the GACC for check and acceptance and summit relevant documents.
4. The Customs directly under the GACC shall organize check and acceptance within 20 working days from the date of receipt of the application of check and acceptance and relevant documents. For those passing the check and acceptance, the Customs directly under the GACC will prepare and issue Certificate of the Customs of the People’s Republic of China on Registration of Sites under Supervision, which is valid for two years. For those failing, it will prepare and issue Notice of the Customs of the People’s Republic of China on Failure of Customs Check and Acceptance of Sites under Supervision with justification.
5. Where Letter of Decision of the Customs of the People’s Republic of China on Approval of Establishing Premises under Supervision is expired and applicants fail to apply for check and acceptance or applications fail the check and acceptance of the Customs, the Letter of Decision of the Customs of the People’s Republic of China on Approval of Establishing Premises under Supervision will automatically become invalid.
(II) Change of license
Enterprises engaged in storage of goods under Customs supervision shall fill in the Application for Change of Premises under Customs Supervision of the People’s Republic of China (Annex 2) and apply with the Customs directly under the GACC prior to any change of enterprise name, business scope, legal representative, registered capital as well as name and area of the premises under supervision. And such change may be made upon review and approval of Customs.
(III) Extension of license
Where enterprises engaged in storage of goods under Customs supervision need to extend the validity period of Certificate of Registration, the enterprises shall submit Application for Extension of Premises under Customs Supervision of the People’s Republic of China (Annex 3) to the Customs directly under the GACC 30 days prior to the expiration date of Certificate of Registration. The Customs directly under the GACC shall decide whether to approve the extension within 20 working days from the date of receipt of the application of extension. For those approved, it will renew Certificate of Registration, while for those disapproved, it will prepare and issue Letter of Decision of the Customs of the People’s Republic of China on Disapproval of Extension of Sites under Supervision and withdraw Certificate of Registration.
(IV) Revocation of license
At the request of interested parties or on the basis of functions and powers, the Customs directly under the GACC that approve the license may revoke administrative license in one of the following circumstances: (1) Customs officers make the decision of approval of administrative license on the basis of abuse of power or neglect of duty; (2) Decisions of approval of administrative license are made beyond legal authority; (3) Decisions of approval of administrative license are made with prejudice to legal procedures; (4) Administrative license is granted to applicants without application qualification or not meeting legal requirements; (5) Other circumstances where administrative license can be revoked according to the law. Administrative license shall be revoked if it is obtained by the licensee through illegal measures such as fraud and bribery.
(V) Cancellation of license
The Customs directly under the GACC that approve the license shall go through the cancellation formalities of administrative license in one of the following circumstances: (1) Administrative license is not extended when expired; (2) Administrative license is legally terminated by legal person; (3) Administrative license is revoked or withdrawn or certificate of administrative license is revoked; (4) It is impossible to implement items under administrative license as a result of force majeure; (5) Other circumstances as provided by laws and administrative laws and regulations where administrative license shall be cancelled.
(VI) Reissuance of license
The operators of storage premises of goods under Customs supervision established on the approval of Customs before the issuance and implementation of Management Measures of the Customs of the People’s Republic of China on Sites under Supervision shall apply with the local supervisory customs and go through registration formalities within one year from the date of implementation of the Measures, and meet the requirements of storage premises of goods under Customs supervision within two years from the date of obtaining Certificate of Registration. For premises that fail to handle registration procedures and fail to meet requirements before the expiration, the operators shall not continue operating relevant business and the Customs will no longer appoint personnel for supervision.
(VII) License for temporary premises
According to practical needs, local supervisory customs can propose opinions on the application of applicants. The Customs directly under the GACC can approve the establishment of temporary storage premises for goods under Customs supervision according to the law. The validity period of temporary storage premises shall not exceed 6 months. The validity period may be extended for once under special circumstances and with the approval of the Customs directly under the GACC, and the extended period shall not exceed 6 months.
Handling deadline: See handling procedures for details
Charge standard: No charge
Acceptance department: Supervision Department of each Customs
Office address: See the office address of each Customs for details
Office hours: See the office hours of each Customs for details
Contact telephone: See the contact numbers of each Customs for details
Annexes:
1.Application for Registration of Premises under Customs Supervision of the People’s Republic of China
2. Application for Alteration of Premises under Customs Supervision of the People’s Republic of China
3. Application for Extension of Premises under Customs Supervision of the People’s Republic of China
Other notes:
1. Management Measures of the Customs of the People’s Republic of China on Sites under Supervision, to be issued by the General Administration of Customs, will set standards for the items under this administrative license. And currently each Customs will temporarily stop approving administrative license for various premises under Customs supervision before the implementation of the above measures.
2. In case of any inconsistency between the content of this guide and the current laws, administrative regulations, rules and normative documents of the Customs, the latter shall prevail.
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