注:根据《海关总署关于修改〈中华人民共和国海关对常驻机构进出境公用物品监管办法〉的决定》(海关总署令2010年第193号),本文件自2010.12.05日起废止。
*9条根据中华人民共和国国务院《关于管理外国企业常驻代表机构的暂行法规》、《关于管理外国新闻机构常驻记者的暂行法规》和《海关对进出国境旅客行李物品监管办法》等有关法规,特制订本法规。
第二条下列常驻机构进口办公用品、常驻人员进出口行李物品,按本法规办理:
(一)外国企业和其他经济组织常驻机构和常驻人员;
(二)外国民间经济贸易团体常驻机构和常驻人员;
(三)外国常驻新闻机构和常驻记者;
(四)中外合资(包括中外合作勘探、开采石油等)企业外方常驻人员;
(五)在华外资企业外方常驻人员;
(六)其他外国常驻机构和常驻人员。
第三条常驻人员在取得中华人民共和国主管部门签发的长期居留证件之前,入境携带的行李物品,按海关对短期旅客的法规办理。
常驻人员在取得长期居留证件后,可持居留证件、本人身份证件和入境时经海关签章的“旅客行李申报单”,向所在地海关(所在地未设海关的,向指定的海关,以下简称主管海关)提出进口自用物品的书面申请。此项申请只限一次。
申请进口的自用物品,经海关审核,在自用合理数量范围内,准予免税进口。其中海关重点管理物品(如家用电器等耐用消费品),应与本人首次入境时携带进口和分离运输进口的重点管理物品合并计算,在海关法规限量内准予免税进口。超出免税范围的物品,仍属自用的,经海关核准,准予征税进口。常驻人员进口自用机动交通工具(小汽车、摩托车)每人各限一辆,征税放行。
经海关核准进口的自用物品,应自批准之日起六个月内运进。
第四条常驻人员在取得长期居留证件后,短期进出境(或来往香港、澳门地区)携带行李物品,海关只免税放行旅途必需的生活用品。出境时携带经海关免税放行的物品(如手表、照相机、收录音机、摄影机等物品),如要复带入境,应当在“旅客行李申报单”上申明。回程时,海关凭以查核免税放行。出境时未向海关申明,回程时所带海关重点管理物品照章征税。
第五条常驻人员携带出境的行李物品,除金银、货币、文物等限制出口的物品外,在自用合理数量范围内,予以放行。
第六条常驻机构进口办公用品和机动交通工具,应事先向主管海关提出书面申请,经海关审核,在自用合理数量范围内,准予免领进口许可证进口,上述办公用品和机动交通工具进口时,应填具“进口货物报关单”连同“申请表”,发票等有关单证向海关申报,由海关查验征税放行。
外国政府同中华人民共和国政府订有协定的,按协定法规办理。
第七条常驻机构和常驻人员进口的办公用品、自用物品和机动交通工具,只限自用。不准在中华人民共和国境内私自出售。如需出售,应事先向主管海关提出申请,经批准后,售予当地人民政府指定的外货收购部门,并按章补税。违者按有关法规处理。
第八条常驻机构和常驻人员申报进出口的物品,属海关禁止进出口的,由海关扣留,限期退运出境或退回原地。过期不退,即由海关处理。对中华人民共和国政治、文化、道德、卫生有害而被扣留的物品,都不发还,由海关按照有关法规处理。
第九条华侨、港澳同胞、台湾同胞经营的企业常驻机构和常驻人员进出口物品也按照本法规办理。
第十条本法规不适用于经济特区。
第十一条本法规未列事项,按海关有关法规办理。
第十二条本法规自一九八四年五月一日起实施。
Regulations Concerning Import and Export of ArticlesbyResidentOffices of Foreign Enterprises and Presses, and Their StaffStationChinan
(The "Regulations Concerning ImportandExportofArticlesbyResident Offices of ForeignEnterprisesandPresses,andTheirStaffStationed in China" (hereinafter referred toas'theRegulations')has been promulgated by the Cu
stoms GeneralAdministrationofthePeople'sRepublicofChinaandmadeavailabletoChinaEconomicNewsforpublication on 20 April, 1984.)
Important Notice: (注意事项)
当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文)
  Regulations Concerning Import and Export of Articles by Resident Offices of Foreign Enterprises and Presses, and Their Staff Stationed in China(The "Regulations Concerning Import and Export of Articles by Resident Offices of Foreign Enterprises and Presses, and Their Staff Stationed in China" (hereinafter referred to as 'the Regulations') has been promulgated by the Customs General Administration of the People's Republic of China and made available to China Economic News for publication on 20 April, 1984.)
Article 1
  The Regulations hereby are formulated in accordance with the "Provisional Regulations Concerning Resident Offices of Foreign Enterprises", the "Provisional Regulations Concerning Resident Correspondents of Foreign Presses", and the "Rules Concerning Supervision and Control of Inward and Outbound Passenger Baggages by Customs", promulgated by the State Council of the People's Republic of China.
Article 2
  The import of office appliances by the following resident offices and import or export of personal effects by their resident staff shall comply with the Regulations:
1.Residentofficesof foreign enterprises and other economicorganizations and their staff;
2. Resident offices of foreign economic and trade organizations andtheirstaff;
3. Foreign resident news agencies and their resident correspondents;
4. Foreign resident personnel of joint ventures (including Chinese-foreign enterprises involving in cooperative exploitation of offshore petroleum);
5. Foreign resident personnel ofenterprisesoperatinginChinausingforeign capital;
6. Other foreign resident offices and their staff.
Article 3
  Any baggage carried by resident personnel upon his first entry into China shall be subject to the regulations applicable to short-term visitors. Having obtained a "Permanent Residence Permit" issued by the authorities concerned of the PRC, the resident personnel may apply to the local Customs (in case there is no local Customs in a certain area, he may apply to the designated Customs as listed in the appendix, hereinafter referred to as "Customs in charge") for import of personal effects by submitting a written application form, together with the residence permit, identity card and the "Baggage Declaration" endorsed by the Customs at the time of entry. Such application shall be allowed once only.
  Personal effects imported in reasonable amount shall be released duty free after they are examined and approved by the Customs. Certain restricted articles (for example, durable goods such as electrical appliances for household use, etc.) together with hand luggage carried by any resident personnel upon his first entry and the unaccompanied baggage, shall be admitted duty free provided that they are within the quantitative limit set by the Customs. In case the articles exceed the prescribed limit and they are for private use or consumption, they shall be admitted against payment of duty subject to examination and approval by the Customs. Motor vehicles (cars and motorcycles) may be imported by resident personnel (one for each person) on payment of duty. Any resident personnel applying for import of personal effects and approved by the Customs shall be imported within six months from the date of approval.
Article 4
  Any resident personnel leaving China temporarily (including making short trips to Hongkong or Macao) during his residence in China may, upon re- entry, bring in duty free articles allowed for the journey only. Other articles (such as wrist watches, cameras, radio-cassette recorders, cine- cameras, etc.) previously admitted duty free and carried by such person upon his exit, if intended to be subsequently brought back, shall be so declared in the "Baggage Declaration" against which they may be re- imported duty free, failing which, duty shall be levied.
Article 5
  Baggage and articles (excluding those restricted articles such as gold,silver, currencies, and cultural relics, etc.) carried by resident personnel on his exit shall be released provided that they are for personal use and in reasonable amount.
Article 6
  Any resident offices intending to import office appliances and vehicles shall submit a written application form to the Customs in charge and upon verification, admission shall be granted to those articles without requiring the Import Licence and provided that they are in reasonable amount and intended to be used by the office in question only. On import of the above-mentioned articles, the office concerned shall fill in the "Import Cargo Declaration" and submit it to the Customs together with the application form, invoices and other relevant documents, against which the articles shall be examined and released upon payment of duty.
  If there is an agreement between a foreign government and the government of the PRC, articles concerned shall be dealt with according to the provisions of the agreement.
Article 7
  Office appliances, vehicles and personal effects imported by resident offices and their staff shall not be offered for sale without permission. When any sale is requested, permission shall be obtained from the Customs in charge and the articles concerned shall be sold to the stores designated by the local people's government. Duties shall be levied on those articles previously admitted duty free. Breaching of this rule shall be dealt with according to the relevant provisions.
Article 8
  Articles declared for import or export by resident offices and their staff; of which the import or export are prohibited, shall be detained by the Customs and re-shipped abroad or re-directed to any place in China by the owner within a stipulated period; failing which, the articles concerned shall be disposed of by the Customs. Articles detained for being detrimental to Chinese political, economic, cultural, moral or hygienic interests shall not be returned and shall be disposed of by the Customs according to the relevant provisions.
Article 9
  The Regulations is also applicable to the import and export of articles by resident offices of enterprises run by overseas Chinese or compatriots in Hongkong, Macao and Taiwan, and their staff.
Article 10
The Regulations do not apply to special economic zones.
Article 11
Those not provided for hereinabove shall be dealt withaccordingtotherelevant provisions.
Article 12
The Regulations shall be put into effect on May 1, 1984.