Measures of the People's Republic of China for Customs' Administrative Licensing

Chapter I General Provisions

Article 1 For the purposes of regulating the administration of customs' administrative licensing, protecting the lawful rights and interests of citizens, legal persons, and other organizations, protecting the public interest and maintaining the social order, these Measures are formulated in accordance with the Administrative Licensing Law of the People's Republic of China (hereinafter referred to as the “Administrative Licensing Law”), the Customs Law of the People's Republic of China and the relevant laws and administrative regulations.

Article 2 Forthe purpose of these Measures, the term “Customs' administrative licensing” refers to the act that the Customs, upon the application of a citizen, a legal person or any other organization (hereinafter referred to as the “applicant”), approves after legal examination the applicant's specific activities relating to the Customs' supervision and administration.

Article 3 These Measures shall apply to the item administration, implementation procedures, standardization management and evaluation and supervision of Customs' administrative licensing. If it is otherwise provided for by other rules of the Customs, such provisions shall prevail.

These Measures shall not apply to the approval of the Customs at a higher level of such items as personnel, financial affairs, and foreign affairs of the Customs at a lower level, or the Customs' approval of such items as personnel, financial affairs, and foreign affairs of other organs or the public institutions directly under its administration.

Article 4 The General Administration of Customs administers the Customs' administrative licensing work throughout the country in a unified manner.

The Customs at any level shall, within its statutory authority, implement the Customs' administrative licensing uniformly in the name of the Customs itself.

No internal body or local office of a Customs may implement the Customs' administrative licensing in its own name.

Article 5 The Customs shall implement administrative licensing under the principles of openness, fairness, impartiality, and non-discrimination.

The provisions on administrative licensing shall be disclosed to the public. The implementation and corresponding results of the Customs' administrative licensing shall be disclosed to the public, except those involving any State secret, trade secret, or personal privacy.

The applicant meeting statutory conditions and standards shall have equal rights to obtain the Customs' administrative licensing in accordance with the law.

Article 6 The Customs shall, following the principles of efficiency and convenience for the people, enhance the approval efficiency, and provide convenient approval services in implementing administrative licensing.

Article 7 The Customs shall, in accordance with the provisions of the state on the standardization of administrative licensing, implement administrative licensing and regulate the administration of administrative licensing by applying standardization principles, methods, and technologies within the scope prescribed by laws, administrative regulations, decisions of the State Council and rules of the Customs.

Article 8 Citizens, legal persons, or other organizations shall have the right to make statements and arguments with respect to the Customs' implementation of administrative licensing; have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law; and have the right to claim compensation in accordance with the law if their lawful rights and interests thereof are damaged by the Customs' implementation of administrative licensing in violation of any law.

Chapter II Administration of Administrative Licensing Items

Article 9 The Customs' administrative licensing items shall be established by laws, administrative regulations, and decisions of the State Council.

No Customs' administrative licensing may be established in  Customs rules  and regulatory documents.

Article 10 Where the Customs needs to specifically provide for the procedures, conditions, and period, among others, for the Customs' implementation of administrative licensing established in any law, administrative regulation or the decision of the State Council, the General Administration of Customsshall develop rules of the Customs to provide for such items in accordance with law.

The General Administration of Customs may, in accordance with laws, administrative regulations, decisions of the State Council, and rules of the Customs, clarify specific issues in the implementation of the Customs' administrative licensing in the form of regulatory documents.

It shall not increase administrative licensing items in the specific provisions on administrative licensing established for the implementation of the superordinate law, and shall not increase other conditions in violation of the superordinate law in the specific provisions on administrative licensing conditions. When clarifying specific issues during the implementation of administrative licensing, it shall not increase the powers of the Customs, impair the lawful rights and interests of the applicant or increase the obligations of the applicant.

Article 11 In case of discoverythat any rule or regulatory document of the Customs violates the Administrative Licensing Law, any citizen, legal person, or any other organization may report to the General Administration of Customs or the Customs at any level; if there is any objection to the regulatory document other than rules relating to the Customs' administrative licensing , he or it may apply for examination when applying for reconsideration against the specific administrative act of the Customs' administrative licensing.

Article 12 In accordance with the relevant requirements of the State Council on the reform of the administrative approval system, the Customs' administrative licensing shall be subject to list-based management. The items that are not included in the list of items subject to administrative licensing of the Customs (hereinafter referred to as the “list”) shall not be subject to administrative licensing.

Where the Customs' administrative licensing is established, canceled, or delegated to lower levels by any law, administrative regulation, or decision of the State Council, the General Administration of Customs shall adjust the list in a timely manner.

Article 13 The Customsdirectlyunder the GeneralAdministration of Customsshall, according to the list issued by the General Administration of Customs, prepare and publish the list of administrative licensing to be implemented within its customs region, and conduct dynamic administration.

Chapter III Administrative Licensing Procedures

Section 1 Application and Acceptance

Article 14 Where a citizen, a legal person, or any other organization needs to obtain the Customs' administrative licensing in accordance with the law to engage in any specific activity relating to the Customs' supervision and administration, he  or it  shall submit a written application to the Customs.

The Customs shall provide the applicant with the standard application form for the Customs' administrative licensing, and publicize the administrative licensing items, basis, conditions, quantities, procedures, time limits, catalogue of all required materials, model application form, and instructions for entering the form prescribed by laws, administrative regulations and the rules of the Customs on the Customs' online handling platform and office premises. The format text of the application form shall not include any content without direct relation to the application for the Customs' administrative licensing.

An applicant may entrust an agent with the filing of an application for the Customs' administrative licensing, except the case when the application for administrative licensing shall be submitted by the applicant at Customs' office premises according to the provisions of laws and administrative regulations.

Article 15 The applicant may submit an application at the acceptance window for the Customs' administrative licensing, or through the online handling platform or by such means as letter, fax, and email, and shall be responsible for the veracity, legality, and validity of the materials submitted. The Customs shall not require the applicant to submit any technical materials and other materials that are irrelevant to the Customs' administrative licensing items in the application submitted by the applicant.

Where the application materials involve any trade secrets, undisclosed information or confidential business information, the applicant shall request the Customs for confidentiality in writing and specify the contents to be kept confidential. The Customs shall assume the confidentiality obligation in accordance with relevant provisions of the state.

Article 16 The Customs shall handle the applicant's application for the Customs' administrative licensing respectively according to the following circumstances :

(1) If the Customs' administrative licensing is not required for the subject item of application in accordance with the law, the Customs shall inform the applicant immediately.

(2) If the subject item of the application does not fall within the scope of powers of the Customs in accordance with the law, the Customs shall make a decision to reject the application immediately and inform the applicant to apply to another Customs or the relevant administrative organ.

(3) If there are any errors in the application materials that can be corrected on the spot, the applicant shall be allowed to make corrections on the spot. The applicant shall sign or seal the place of correction and indicate the date of correction; if application materials are complete and of statutory form after corrections are made, the Customs shall accept the application.

(4) If application materials are incomplete or are not of the statutory form, the Customs shall inform the applicant of all required supplements or corrections on the spot or within 5 days after the receipt of application materials; if the applicant is not informed beyond the time limit, the Customs shall be deemed to accept the application from the date of receipt of the application materials.

(5) If the subject item of the application falls within the powers of the Customs, and the application materials are complete and of the statutory form, or the applicant has made all supplements and corrections to the application materials according to the requirements of the Customs, the Customs shall accept the application for the Customs' administrative licensing.

Where the Customs accepts or rejects an application for administrative licensing, or informs the applicant to make supplements and corrections to application materials, it shall issue a dated written certificate to which the special seal for the Customs' administrative licensing is affixed.

Article 17 The date when the application for the Customs' administrative licensing is received by the acceptance window of the Customs' administrative licensing shall be deemed as the date of acceptance of the application for the Customs' administrative licensing, except in the case that the application is rejected or supplements or corrections shall be made. If the application is filed by letter, the date when the Customs receives the letter shall be deemed as the date when the application for the Customs' administrative licensing is accepted; if the application is filed through the online handling platform or by fax or e-mail, the date of application materials delivered to the platform or the date of the fax number or e-mail address designated by the Customs shall be deemed as the date when the application for the Customs' administrative licensing is accepted.

Where the applicant has made all supplements and corrections to the application materials, the date when the Customs has received all of the materials shall be deemed as the date when the application for the Customs' administrative licensing is accepted.

Section 2 Examination and Decision

Article 18 The Customs shall examine the application materials submitted by the applicant.

Where it is necessary to verify the substantive contents of the application materials in accordance with law, the Customs may verify the materials through data sharing. The Customs shall appoint two or more staff members to conduct the inspection together, if an on-site inspection is required. Inspectors shall make inspection records according to inspection situation, to which the inspectors and the inspectee shall jointly affix their signatures for confirmation. If the inspectee refuses to affix his or her signature, inspectors shall indicate it..

Article 19 Where the application materials submitted by the applicant are complete and of statutory form, and a decision can be made on the spot, the Customs shall make a written decision on the Customs' administrative licensing on the spot.

Where the Customs makes an administrative licensing decision on the spot, it shall develop and issue, on the spot, a dated written certificate to which the seal of the Customs is affixed, and shall not produce the acceptance form at the same time.

Article 20 Where an applicant's application meets the statutory conditions and standards, the Customs shall make a decision on granting Customs' administrative license according to law; where an applicant's application fails to meet the statutory conditions and standards, the Customs shall make a decision not to grant Customs' administrative license according to law. The Customs that makes a decision of granting or not granting administrative licensing shall issue a dated written certificate to which the seal of the Customs is affixed.

Where the Customs decides not to grant administrative licensing in accordance with the law, it shall explain the reasons and inform the applicant of its right to apply for administrative reconsideration or to file an administrative lawsuit.

Article 21 The decisions made by the Customs on granting the administrative license shall be disclosed to the public , and the public has the right of access.

Without the consent of the applicant, the Customs or any staff member thereof or a person participating in expert review, among others, shall not disclose any trade secrets, undisclosed information, or confidential business information submitted by the applicant, unless it is otherwise provided for by any law or involves any national security or major public interests. Where the Customs discloses the aforesaid information of the applicant according to law, the applicant shall be allowed to file an objection within a reasonable period of time.

Article 22 An applicant may, before the Customs makes a decision of  granting administrative licensing, apply to the Customs in writing to withdraw the application for Customs' administrative licensing.

Article 23 Where a decision ismade to grant a Customs' administrative license and Customs' administrative licensing certificate is required to be issued, the following certificates bearing the seal of the Customs shall be issued and delivered to the applicant within 10 days from the date of decision making:

(1) permits, licenses or other licensing certificates;

(2) qualification certificate, competency certificate or other conformity certificates;

(3) approval documents or supporting documents on granting Customs' administrative licensing; and

(4) other Customs' administrative licensing certificates stipulated by laws and administrative regulations.

Article 24 Where there is no geographical restriction to the scope of application of the Customs' administrative licensing, the customs administrative license obtained by the applicant shall be effective within the whole Customs territory; where there is a geographical restriction to the scope of application of the Customs' administrative license, it shall be indicated in the decision made by the Customs on granting the Customs' administrative licensing.

Where there is any restriction to the applicable time limit for the application of the Customs' administrative licensing, the Customs shall, when deciding to grant the Customs' administrative license, indicate the validity period.

Section 3 Modification and Extension

Article 25 Where a licensee requests the modification of the Customs' administrative licensing items, it shall, in accordance with law, file a modification application with the Customs that has made the decision on administrative licensing. The Customs shall approve the modification if the statutory conditions and standards are met.

Article 26 Where a licensee needs to extend the validity period of the Customs' administrative licensing obtained according to law, it shall apply to the Customs (who has made the decision on the administrative licensing) 30 days before the expiration of the validity period of the administrative licensing, except the case that it is otherwise provided for by any law, administrative regulation or the Customs' rule.

The Customs shall make a decision on whether to approve the extension before the expiration of the validity period of the Customs' administrative licensing; if the decision is not made within the prescribed time limit, the Customs shall be deemed to approve the extension.

Where the licensee fails to file an application 30 days before the expiration of the validity period of the administrative licensing due to force majeure, the application may also be accepted in the case that the Customs confirms upon examination that the application materials are complete and of the statutory form.

Article 27 Where the Customs decides toapprove the modification or the extension of the administrative licensing, it shall issue a dated written certificate to which the seal of the Customs is affixed. Where the Customs, in accordance with law, refuses to handle the formalities for the modification of the Customs' administrative licensing or disapproves the extension of the validity period of the Customs' administrative licensing, it shall explain the reasons therefor.

Section 4  Hearing, Statements and Arguments

Article 28 The Customs shall announce to the public and hold a hearing on the items that shall be subject to hearing in the implementation of the Customs' administrative licensing as prescribed by any law, administrative regulation or the Customs' rule, or other major Customs' administrative licensing items involving public interest on which the Customs deems it necessary to hold a hearing.

Where the Customs' administrative licensing directly involves substantial interest relations between the applicant and any other person, the Customs shall, before making a decision on the Customs' administrative licensing, inform the applicant and the interested party of their rights to request a hearing.

The Customs shall make an administrative licensing decision according to the hearing transcripts.

Specific measures for the hearing of the Customs' administrative licensing shall be formulated separately by the General Administration of Customs.

Article 29 When the Customs finds in the examination of an application for administrative licensing that the subject item of the administrative licensing directly relates to the vital interests of any other person, it shall inform the applicant or the interested party, who shall have the right to make statements and arguments.

Where a specific interested party can be determined, the Customs shall directly issue to the interested party a dated written certificate to which the special seal for the Customs' administrative licensing is affixed. Where the interested party involves an uncertain majority, the Customs may notify them by announcement.

When the interested party is informed, the application and application materials of the applicant shall be attached, except the case that materials involve any State secrets, trade secrets, or personal privacy.

The Customs shall solicit the opinions of the applicant and the interested party. The statements and arguments made by the applicant and interested party shall be included in the scope of examination of the Customs' administrative licensing.

Section 5 Period

Article 30 The Customs shall make an administrative licensing decision within 20 days after accepting an application for the Customs' administrative licensing, unless it can make a decision on the spot. If it can't make a decision within 20 days, 10 days may be extended with the approval of the person in charge of the Customs, and the applicant shall be informed of the reason for extension.

Where it is otherwise provided for by any law or administrative regulation, such provisions shall prevail.

Article 31 Where the Customs' administrative licensing is jointly handled, the handling period shall not exceed 45 days. Where the procedure cannot be completed within 45 days, it may be extended for another 15 days with the approval of the General Administration of Customs, and the applicant shall be informed of the reason for extension.

Article 32 Where a Customs' administrative licensing that is, by law, subject to examination by the Customs at a lower level before reporting to the Customs at a higher level for a decision, the Customs at a lower level shall conduct a comprehensive examination according to statutory conditions and procedures within 20 days from the date of accepting the application of the Customs' administrative licensing and submit the examination opinions and all application materials directly to the Customs at a higher level. The Customs at a higher level shall make a decision within 20 days from the date of receiving the examination comments submitted by the Customs at a lower level.

Where it is otherwise provided for by any law or administrative regulation, such provisions shall prevail.

Article 33 Where a hearing, bid invitation, auction, inspection, testing, quarantine, identification and evaluation or expert review is required for the Customs to make an administrative licensing decision in accordance with laws and administrative regulations, the required time shall not be included in the time limit as specified in these Measures. The Customs shall inform the applicant of the time required in writing.

Article 34 Where the materials are collected by the Customs at a lower level and submitted to the Customs at a higher level for issuance of the acceptance letter, the time required shall be included in the time limit for handling the Customs' administrative licensing.

Section 6 Exit Procedure

Article 35 After accepting the application for administrative licensing, the Customs shall, before making the decision on administrative licensing, terminate the handling of the application for administrative licensing under any of the following circumstances:

(1) The applicant withdraws the application for administrative licensing;

(2) If a citizen, a legal person or any other organization is granted the administrative licensing of specific qualification, the citizen dies or loses the capacity for conduct, or the legal person or other organization terminates in accordance with the law;

(3) The application items are no longer subject to the administration of administrative licensing due to the adjustment of laws and administrative regulations, or the implementation thereof is suspended according to the relevant provisions of the State;

(4) Other circumstances where the handling of administrative licensing shall be terminated in accordance with the law.

Where the Customs terminates the handling of the application for administrative licensing, it shall issue a dated written certificate to which its special seal for the Customs' administrative licensing is affixed.

Article 36 Under any of the following circumstances, the Customs or the Customs at a higher level that made the administrative licensing decision may, at the request of an interested party or according to its powers, revoke the Customs' administrative licensing:

(1)The staff member of the Customs abuses power or neglects duty in making an administrative licensing decision;

(2) making a decision on granting Customs' administrative license beyond the statutory powers;

(3) making a decision on granting Customs' administrative license in violation of statutory procedures;

(4) granting Customs' administrative license to an applicant disqualified for filing applications or failing to meet statutory conditions;

(5) any other circumstance where the Customs' administrative licensing may be revoked according to law.

Where the licensee obtains the Customs' administrative licensing by fraud, bribery or any other illicit means, the administrative licensing shall be revoked.

Where the revocation of the Customs' administrative licensing according to the provisions of the preceding two paragraphs may cause great damage to the public interest, the licensing shall not be revoked.

Where the legitimate rights and interests of the licensee are damaged due to the revocation of the administrative licensing in accordance with the provisions of the first paragraph of this Article, the Customs shall make compensation according to law. Where the administrative licensing is revoked in accordance with the provisions of the second paragraph of this Article, the interests obtained by the licensee based on the administrative licensing shall not be protected.

The Customs that makes a decision to revoke administrative licensing shall issue a dated written certificate to which the seal of the Customs is affixed.

Article 37 The Customs shall not, without authorization, modify its administrative licensing that has come into effect .

Where the laws, administrative regulations, and rules of the Customs on which the Customs' administrative licensing is based are modified or repealed, or the objective circumstances based on which the Customs' administrative licensing is granted are significantly changed, the Customs may, for the benefits of public interest, legally modify or withdraw the Customs' administrative licensing that has taken effect according to law, and shall make compensation in accordance with the law if any property loss is caused to any citizen, legal person or any other organization.

The compensation procedures and the amount of compensation shall be developed separatelyby the General Administration of Customs in accordance with the relevant provisions of the State.

Article 38 Under any of the following circumstances, the Customs that grants administrative licensing shall legally handle the formalities for the deregistration of the relevant administrative licensing:

(1) The validity period of the Customs' administrative licensing is not extended upon expiry;

(2) The citizen that has been granted the administrative licensing of specific qualification is dead or loses the capacity for conduct;

(3) A legal person or any other organization is terminated in accordance with the law;

(4) The Customs' administrative licensing is revoked or withdrawn according to law, or certificates of administrative licensing is revoked according to law;

(5) The administrative licensing items cannot be implemented due to force majeure;

(6) Any other circumstance where the Customs' administrative licensing shall be deregistered as prescribed by any laws or administrative regulations.

Where the licensee applies for deregistering the administrative licensing, the Customs may deregister the licensing.

Section 7 Standardization Administration

Article 39 The General Administration of Customs shall, in accordance with the requirements for the standardization of administrative licensing under the State Council, promote the standardization of administrative licensing and prepare the acceptance form of the administrative licensing items, service guidelines, and detailed rules for examination. 

Article 40 The General Administration of Customs shall build an online platform for handling the Customs' administrative licensing to implement the online whole-process  handling of Customs' administrative licensing items.

Customs at all levels shall encourage applicants to apply for Customs' administrative licensing through the online handling platforms, give them directions and promptly direct the applicants who submit application materials on the spot so as to handle the Customs' administrative licensing on the spot.

Article 41 Customs at all levels shall set up a special administrative licensing business window to provide consulting services and handle such affairs as issuing and mailing administrative licensing certificates or relevant legal instruments to applicants.

Where an applicant voluntarily adopts the offline handling mode, the application may be accepted through “one window,” and the applicant shall not be forced to handle relevant items online.

Chapter IV Evaluation and Supervision

Article 42 With regard to the implementation of existing administrative licensing and the necessity thereof, the Customs may implement the satisfaction evaluation rules and solicit opinions and recommendations by adopting such methods as self-evaluation, the applicant’s evaluation or the third party’s evaluation at an appropriate time.

Article 43 The Customs shall strengthen the interim and ex-post regulation, and perform supervision and inspection duties through verification of the relevant materials reflecting the licensees' implementation of administrative licensing items.

The Customs may, in accordance with the law, conduct random inspections, examination, and testing of the products produced and operated by the licensee, and conduct the on-the-spot inspection of the licensee's production and operation sites. During the inspection, the Customs may, according to law, check the relevant materials or require the licensee to submit them, and the licensee shall truthfully provide the relevant information and materials.

When the Customs legally conducts the supervision and inspection on a licensee's implementation of the Customs' administrative licensing items, it shall make records on the condition of supervision and inspection and the handling results, to which the supervision and inspection personnel shall affix their signatures, and they shall be archived.

The public shall have the right to access the supervision and inspection records of the Customs, except the case that they shall not be disclosed or are allowed not to be disclosed in accordance with laws and administrative regulations.

Article 44 The Customs conducting supervision and inspection shall not obstruct the licensee's normal production and distribution activities, solicit or accept the property of the licensee, or seek other benefits..

Article 45 Where a licensee conducts any violation of administrative licensing items in an area outside the jurisdiction of the Customs making the administrative licensing decision, the Customs at the place where the violation of law occurs shall, in accordance with the law, notify the facts of the licensee's violation of law and the handling results to the Customs making the administrative licensing decision.

Article 46 A citizen, a legal person or any other organization that finds any violation of the Customs' administrative licensing items shall have the right to report the violation to the Customs, who shall verify and handle it in a timely manner.

Chapter V Legal Liability

Article 47 Where the Customs or any staff member of the Customs violates the relevant provisions, it or he shall be punished according to the relevant provisions of Chapter VII of the Administrative Licensing Law.

Article 48 Where a licensee violates the provisions of the Administrative Licensing Law and relevant laws, administrative regulations, and rules of the Customs, the Customs shall impose administrative penalties on the licensee according to law; if a crime is constituted, the offender shall be held criminally liable in accordance with the law.

Article 49 Where an applicant for administrative licensing conceals relevant information or provides false materials of the application, the Customs shall not accept or approve the administrative licensing, and shall give it a warning in accordance with the Administrative Licensing Law; if such an application for administrative licensing directly relates to public safety, personal health, life and property safety, the applicant shall not re-apply for the said administrative licensing within 1year.

Article 50 Where the administrative licensing obtained by the licensee by fraud, bribery or other illicit means directly relates to public security, personal health, life and property safety, the applicant shall not re-apply for the said administrative licensing within 3 years.

Chapter VI Supplementary Provisions

Article 51For the purpose of these Measures, written certificates include paper and electronic certificates. Electronic certificates conforming to statutory requirements shall have the same legal effect as paper certificates.

Article 52 Except as otherwise provided for by any law or administrative regulations, the Customs shall not charge any fees for the implementation of administrative licensing.

Article 53 The Customs' administrative licensing procedures shall be recorded and traceable. The administrative licensing files shall be archived and managed by Customs' administrative licensing implementing organs in accordance with the relevant provisions on archives management.

Article 54 The time limit for the implementation of administrative licensing by the Customs as stipulated in these Measures shall be calculated by working days, excluding statutory holidays.

Article 55 These Measures shall be interpreted by the General Administration of Customsofthe People's Republic of China.

Article 56 These Measures shall come into force on February 1, 2021. The Measures of the Customs of the People's Republic of China for Implementing the Administrative Licensing Law of the People's Republic of China issued by Decree No. 117 of the General Administration of Customs on June 18, 2004 and amended by Decree No. 218 of the General Administration of Customs on March 13, 2014 shall be abolished simultaneously.