Decree No. 194 of the General Administration of Customs of the P. R. China

[2010-11-19 16:37:36]


 
The customs at the place of exit shall write comments on the return receipt of the Application Form on approval or disapproval of the conclusions of checking and release of articles and return it to the Customs in Charge for archival filing and verification.

Chapter IV Follow-up Supervision over the Tax-Free Entry Motor Vehicles

Article 10 In case the entry of any tax-free motor vehicle by any resident foreigner in accordance with the provisions of paragraph 3 of Article 3 of the Measures is subject to the customs' supervision, the Customs in Charge shall make follow-up supervision over it, and the time limit for the supervision shall be 6 years as of the date of release by the customs.
 
No entry motor vehicles may, without the approval of the customs, be transferred, sold, leased, mortgaged, pledged or disposed of in other ways at will within the time limit of the customs' supervision.

Article 11 The customs shall implement an annual examination system on the entry motor vehicles under the supervision of any resident foreigner. A resident foreigner shall, according to the announcement of the Customs in Charge and within the prescribed time limit, pull in the entry motor vehicle under supervision to the designated places, and go through the formalities for customs annual examination on the motor vehicle at the Customs in Charge upon the strength of his identity certificate, certificate of permanent residence, Registration Certificate of Vehicles under Supervision, and Driving Permit of Motor Vehicles. If the resident foreigner has passed the annual examination, the Customs in Charge shall affix the seal of the annual examination on the Registration Certificate of Vehicles under Supervision.

Article 12 After the tenure of a resident foreigner expires, he may, upon the approval of the Customs in Charge, transfer the motor vehicle under supervision to other resident foreigners or resident offices as required, or sell it to any franchising entity. The indexes of entry of motor vehicles of the transferee shall be deducted accordingly.

Where the transferee of a motor vehicle also enjoys the same rights of entry of tax-free motor vehicle, the motor vehicle being transferred shall be exempted from tax, and the Customs in Charge of the transferee shall implement follow-up supervision over the motor vehicle within the remaining fixed number of year of supervision.

Article 13 Where a resident foreigner transfers an entry motor vehicle under supervision, the transferee shall submit to the Customs in Charge the Application Form of the Customs of the People's Republic of China on Transfer of Official/Self Used Vehicles (hereinafter referred to as the Transfer Application Form, see Annex 4) and other relevant documentations, which are signed and confirmed by both the transferor and transferee. The Customs in Charge of the transferee shall, after making examination and writing comments on them, transfer the Transfer Application Form to the Customs in Charge of the transferor. The transferor shall then, after being approved by the Customs in Charge, go through the formalities for cancellation of license plate of the motor vehicle to the public security organs in charge of traffic control upon the strength of the Notice of Receiving or Revoking License Plate issued by the Customs in Charge, who shall then, after handling the formalities for ending a motor vehicle case, transfer the original archives of the entry motor vehicle and the acknowledgement of receipt of the Transfer Application Form to the Customs in Charge. The transferee shall go through the formalities of application for receiving license plate of the motor vehicle to the public security organs in charge of traffic control upon the strength of the Notice of Receiving or Revoking License Plate as issued by the Customs in Charge. The transferee shall make up tax on the motor vehicle according to law to its Customs in Charge, if any.
 
Where a resident foreigner sells any entry motor vehicle under supervision, the franchising entity shall submit the Transfer Application Form signed and confirmed by the resident foreigner to the Customs in Charge of the resident foreigner, if Customs in Charge finds no mistake in it after examination, the franchising entity shall handle the formalities for cancellation of license plate of a motor vehicle and other formalities for ending a case with reference to the provisions in the preceding paragraph, and shall make up the tax amount to the Customs in Charge according to law, if any.

Article 14 In case the term of customs supervision over a motor vehicle expires, a resident foreigner shall apply to the Customs in Charge for release from the supervision upon the strength of the Application Form of the Customs of the People's Republic of China on Releasing from Supervision over Official/Self Use Vehicles (See Annex 5), the identity certificate, certificate of permanent residence, Registration Certificate of Vehicles under Supervision and the Driving Permit of Motor Vehicles. The Customs in Charge shall issue a Certificate of Releasing from Supervision over Vehicles under the Customs' Supervision of the People's Republic of China (See Annex 6); the resident foreigner shall go through the relevant formalities at the public security organs in charge of traffic control upon the strength of the said Certificate.

Article 15 In case a motor vehicle within the term of the customs' supervision is used to set off debts of others according to the judgment of a court, lost or stolen, the former owner of the motor vehicle shall go through formalities for release from supervision over the motor vehicle to the customs authorities upon the strength of the relevant certificate, and make up the tax amount according to law, if any.

Article 16 A resident foreigner whose tenure expires shall go through the formalities for ending a case of motor vehicle under customs' supervision to the Customs in Charge before leaving China.
Source: ETCN