P.R.C. Laws for China Traders and Investors

Second Edition, Revised

Thomas C.W. Chiu

• Publisher: Taylor & Francis
• Year: 2018
• eBook ISBN: 9780429768521
• Edition: 1
• Topic: Social Sciences
• Subtopic: Regional Studies
• Index: Social Sciences

This book, first published in 1988, is a comprehensive reference of the laws and practice relating to trade between China and the rest of the world, at a time when the country had only recently opened its markets to foreigners. It shows how China wished to develop foreign trade, the methods it used to do this, and the means by which it attempted to control foreign access at the same time as moving to an increasing openness.

CHAPTER ONE

CUSTOMS & DUTIES

Brief Introduction

In the past few years, laws and regulations regarding customs and duties have been changed drastically. Certain important legislations have been repealed, namely:

1. The Provisional Law of the PRC on Customs now repealed and superseded by the Customs Law of the People’s Republic of China, with effect from July 1, 1987. The latter was promulgated by the State Council on January 22, 1987, surprisingly, the General Customs Bureau of PRC was so efficient to have the Implementation Details on the Administration Penalties of the Customs Law approved by the State Council on June 30, 1987 and announced it with immediate effect on July 1, 1987, the same day when the Customs Law comes into force. The Implementation Details were drafted by reference to Article 60 of the Customs Law, readers may refer to the text of the Customs Law for details.
2. The Import & Export Tariff of Customs of the PRC, now repealed and substituted by a new set of tariff with the same title effective from August 13, 1985. To compare with the previous set of tariff, there is an average of 20% reduction of import tariff rates. However, readers should consult the Commercial Department of the Chinese Embassy in their countries for updated tariff rates as the Chinese authority will adjust individual import tariff rates from time to time.

Apart from the above changes, readers should also pay attention to some of the laws of regulations of customs concerning foreign investors and traders; namely:

1. Provisions for Bonded factories Processing Imported Materials (announced on January 1, 1984)
2. Regulations concerning Import & Export of Articles by Resident Offices of Foreign Enterprises and Presses and Their Staff Stationed in China (announced on April 20, 1984)
3. Implementing Details of the Customs of the PRC on confiscation of Import & Export Obscene Materials (announced on June 5, 1985)
4. Regulations of the General Customs Bureau of the PRC on Administration over the Goods, Vehicles, Luggage & Postal Delivered Goods Entering or Leaving the Special Economics Zone.

Readers will appreciate it that it is not necesssary to list all the customs laws and regulations here as some of the them are either less important or less concern to the majority China traders and investors. For this reason, this Chapter is devoted on the major issues. I believe, they are suffice to assist you in your China trade venture or your understanding about the customs and duties of China.

The Customs General Administration of China have prepared a pamphlet for foreign visitor’ reference, I list hereunder the contents of this pamphlet as conclusion of this article.

DECLARATION

As a visitor to China, you are required to fill out a Baggage declaration upon your arrival. Members of a family travelling together may prepare a joint delcaration, with children under the age of 16. You are not supposed to carry any articles on behalf of others.

Your should declare in writing the descriptions and quantities ect, of the articles itemized in the declaration form if your baggage contains such items. Articles released with a registration must be taken out of China when you depart.

Unaccompanied baggage, if any, must be declared with regard to the number of pieces and the entry port, and be imported within 6 months from the date of your entry. Failure to declare or inaccurate declaration may cause inconvenience and delay.

EXEMPTIONS

If you come to China on a short stay, you may bring in, without incruing duty, a reasonable amount of articles for private consumption duriang your trip and sojourn. In addition, you have a duty-free allowance of 400 cigarettes and 2 litres of alcoholic beverages if you are 16 or older.

Those who have obtained the permission to have a long term residence in China are entitled to some special concessions. For detailed information, please contact one of the customs offices listed at the back of this pamphlet.

FOREIGN CURRENCY

There is no restrictions on the amount of the foreign currency, RMB traveller’s checques, traveller’s letters of credit and other RMB payment instruments convertible into foreign currency that you carry into China, yet declaration is required on your arrival. In case you want to take them out of the country, you should produce the original declaration form completed at the time of entry. Foreign currency and RMB payment instruments convertible into foreign currency acquired otherwise, if to be taken out of China, shall be released against certification by the Bank of China.

GOLD, SILVER AND SUCH WARES

Gold, silver and objects made of them are to declared and the released with a registration. When you take them out, the amount and weight must not exceed those previously delcared in the delcaration form at the time of entry. Gold and silver ornaments (including newly-designed handicraft such as inlaid ornaments and wares) you have bought with foreign currency within China are permitted to be carried or shipped out of China against a Special Invoice provided by the silver and gold shops.

ANTIQUES

To carry antiques out of China, you are advised to submit them to the cultural relics administration for appraisal in advance and truthfully declare them on your departure. They will be checked and released on the evidence of the wax seals affixed by cultural relics administration, together with the invoice, or on the strength of the cultural relics export certificate issued by the cultural relics administration. Failure to declare any antiques, whether they are hidden or not, will constitute an act of smuggling.

TRADITIONAL CHINESE MEDICINE

When you end your trip in China, you may take out Chinese medicinal materials and traditional Chinese medicine at a total value of 200 (RMB) Yuan, However, that value will be reduced to 100 Yuan if you leave for the Hong Kong and Macao regions.

PROHIBITED ARTICLES FOR IMPORTATION

Arms, ammunition and explosives of all kinds;

Radio transmitter-receivers and principal parts;

Renminbi (With the exception of those in compliance with an aggreement or protocol on the exchange of nationsl currency notes);

Manuscripts, printed matter, films photographs, gramophone records, cinematographic films, loaded recording tapes and video-tapes, etc. detrimental to Chinese political, economic, cultural and moral interests;

Poisonour drugs, habit-forming drugs, opium, morphia, heroin, etc.;

Animals, plants, and products thereof infected with or carrying disease germs and insect pests;

Unsanitary foodstuffs and germ-carrying foodstuffs from infected area, Other articles the importation of which is prohibited by state regulations.

PROHIBITED ARTICLES FOR EXPORTATION

Arms, ammunition and explosives of all kinds;

Radio transmitter-receivers and principal parts;

Renminbi and securities, etc, in Renminbi;

Foreign currencies, bill and securities in foreign currencies (with the exception of those allowed to be taken out);

Manuscripts, printed matter, films, photographs, gramophone records, cinematographic films, loaded recording tapes and video-tapes, etc. which contain state secrets or otherwise prohibited export;

Valuable cultural relics and rare books relating to Chinese revolution, history, culture and art;

Rare animals, rare plants and their seeds;

Precious metals and articles made thereof, jewelry, diamonds and ornaments made thereof (with the exception of those within the quantity allowed to be taken out by out-going passengers);

Other articles the exportation of which is prohibited by state regulations.

Customs General Aministration:

Tai Ping Qiao Street, Beijing China	Tel. 668981
Beijing Customs	595568
Shanghai Customs	230770
Guangzhou Customs	85926
Jiulong Customs	22314

I CUSTOMS LAW

SECTION A: Overall policy

Customs Law of the People’s Republic of China

(Adopted on January 22, 1987 at the 19th Session of the Standing Committee of the National People’s Congress)

Chapter I: General Provisions

• Article 1: This Law has been formulated with a view of safeguarding national sovereignty and interests, strengthening Customs control, promoting exchanges in the areas of economy, trade, science, technology and culture with foreign countries and protecting the construction of socialist moderniz...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Original Title Page
• Original Copyright Page
• Dedication
• Table of Contents
• Preface
• Chapter One : Customs and Duties
• Chapter Two : Banking, Foreign Exchange & Joint Venture
• Chapter Three : Oil and Other Energy Resources
• Chapter Four: Trademark