LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON IMPORT AND EXPORT COM-MODITY INSPECTION ——附加英文版
The Standing Committee of the National People's Congress
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON IMPORT AND EXPORT COM-MODITY INSPECTION
(Adopted at the Sixth Meeting of the Standing Committee of the
Seventh National People's Congress on February 21, 1989, promulgated by
Order No. 14 of the President of the People's Republic of China on
February 21, 1989, and effective as of August 1, 1989)
Contents
Chapter I General Provisions
Chapter II Inspection of Import Commodities
Chapter III Inspection of Export Commodities
Chapter IV Supervision and Administration
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is enacted with a view to strengthening the inspection of import
and export commodities, ensuring the quality of import and export
commodities, protecting the lawful rights and interests of the parties
involved in foreign trade, and promoting the smooth development of China's
economic and trade relations with foreign countries.
Article 2
The State Council shall establish an Administration for Import and Export
Commodity Inspection (hereinafter referred to as the State Administration
for Commodity Inspection), which shall be in charge of the inspection of
import and export commodities throughout the country. The local import and
export commodity inspection authorities (hereinafter referred to as the
commodity inspection authorities) set up by the State Administration for
Commodity Inspection shall be responsible for the inspection of import and
export commodities within areas under their jurisdiction.
Article 3
The commodity inspection authorities and other inspection organizations
designated by the State Administration for Commodity Inspection and the
commodity inspection authorities shall, in accordance with the law,
perform the inspection of import and export commodities.
Article 4
The State Administration for Commodity Inspection shall, in the light of
the needs in the development of foreign trade, make, adjust and publish a
List of Import and Export Commodities Subject to Inspection by the
Commodity Inspection Authorities (hereinafter referred to as the List of
Commodities).
Article 5
Import and export commodities which are included in the List of
Commodities and import and export commodities subject to inspection by the
commodity inspection authorities under other laws or administrative rules
and regulations must be inspected by the commodity inspection authorities
or inspection organizations designated by the State Administration for
Commodity Inspection or the commodity inspection authorities. No
permission shall be granted for the sale or use of import commodities
specified in the preceding paragraph until they have undergone inspection;
and no permission shall be granted for the export of export commodities
specified in the preceding paragraph until they have been found to be up
to standard through inspection.
Import and export commodities specified in the first paragraph of this
Article may be exempted from inspection upon the examination and approval
of an application from the consignee or consignor by the State
Administration for Commodity Inspection.
Article 6
Inspection on import and export commodities performed by the commodity
inspection authorities shall cover quality, specifications, quantity,
weight, packing and the requirements for safety and hygiene.
Import and export commodities governed by compulsory standards or other
inspection standards which must be complied with as provided for by laws
or administrative rules and regulations shall be inspected in accordance
with such inspection standards; in the absence of such stipulations,
import and export commodities shall be inspected in accordance with the
inspection standards agreed upon in the foreign trade contracts.
Article 7
Import and export commodities or items subject to inspection by other
inspection organizations under laws or administrative rules and
regulations shall be inspected in accordance with the provisions of
relevant laws or administrative rules and regulations.
Article 8
The State Administration for Commodity Inspection and the commodity
inspection authorities shall collect information on the inspection of
import and export commodities and make it available to the relevant
circles.
Chapter II Inspection of Import Commodities
Article 9
For import commodities which are subject to inspection by the commodity
inspection authorities in accordance with this Law, the consignee must
register them with the commodity inspection authorities located at the
port of discharge or the station of arrival. Import commodities which are
included in the List of Commodities shall be checked and released by the
Customs upon presentation of the seal of the commodity inspection
authorities affixed to the Customs declaration.
Article 10
For import commodities which are subject to inspection by the commodity
inspection authorities in accordance with this Law, the consignee shall
apply to the same authorities for inspection in places and within the time
limit specified by them. The commodity inspection authorities shall
accomplish the procedures for inspection and issue an inspection
certificate within the period of validity of claims prescribed in a
foreign trade contract.
Article 11
If import commodities other than those which are subject to inspection by
the commodity inspection authorities in accordance with this Law are found
to be not up to the quality standard, damaged or short on weight or
quantity, the consignee shall apply to the commodity inspection
authorities for inspection and the issuance of an inspection certificate
if such a certificate is necessary for claiming compensation.
Article 12
For important import commodities and a complete set of equipment in large
size, the consignee shall, in accordance with the terms agreed upon in a
foreign trade contract, conduct initial inspection or initial supervision
over manufacturing or loading in the exporting country before shipment,
while the relevant competent departments shall strengthen their
supervision. The commodity inspection authorities may, when necessary,
dispatch inspection personnel to take part in such inspection and
supervision.
Chapter III Inspection of Export Commodities
Article 13
For export commodities which are subject to inspection by the commodity
inspection authorities in accordance with this Law, the consignor shall
apply to the same authorities for inspection in the places and within the
time limit specified by them. The commodity inspection authorities shall
accomplish the procedures for inspection and issue a certificate without
delaying the prescribed time for shipment. Export commodities which are
included in the List of Commodities shall be checked and released by the
Customs upon presentation of the inspection certificate or the paper for
release issued by the commodity inspection authorities or the seal of the
same authorities affixed to the Customs declaration.
Article 14
Export commodities which have been inspected and passed by the commodity
inspection authorities and for which an inspection certificate or a paper
for release has been issued by the same authorities shall be declared for
export and shipped out of the country within the time limit specified by
the same authorities. Failing to meet the time limit shall entail
reapplication for inspection.
Article 15
An enterprise manufacturing packagings for dangerous export goods must
apply to the commodity inspection authorities for a test of the
performance of such packagings. An enterprise producing dangerous export
goods must apply to the same authorities for a test of the use of
packagings. No permission shall be granted for the export of dangerous
goods kept in packagings which have not passed a test.
Article 16
For vessel holds or containers used for carrying perishable foods, the
carrier or the organization using the containers shall apply for
inspection before loading. No permission shall be granted for loading and
shipment until the relevant conditions are passed by the inspectors.
Chapter IV Supervision and Administration
Article 17
The commodity inspection authorities may make a random inspection of
import and export commodities beyond those subject to inspection by the
commodity inspection authorities in accordance with this Law. No
permission shall be granted for the export of export commodities found to
be substandard in a random inspection.
Article 18
The commodity inspection authorities may, when necessary, assign
inspection personnel to manufacturers of export commodities which are
included in the List of Commodities to take part in supervision over the
quality inspection of export commodities before they leave the factory.
Article 19
The commodity inspection authorities may undertake the quality
certification of import and export commodities on the basis of agreements
signed between the State Administration for Commodity Inspection and the
foreign bodies concerned or upon entrustment by the foreign bodies
concerned. They may permit the use of quality certification marks on
import and export commodities which have been given quality certification.
Article 20
The State Administration for Commodity Inspection and the commodity
inspection authorities shall, on the basis of the requirements in their
inspection, entrust competent inspection organizations at home and abroad
with the inspection of import and export commodities after examining their
qualifications.
Article 21
The State Administration for Commodity Inspection and the Commodity
inspection authorities shall exercise supervision over the import and
export commodity inspection conducted by the inspection organizations
designated or approved by them and may make a random inspection of the
commodities which have been inspected by such organization.
Article 22
The State shall, when necessary, institute a quality licence system for
important import and export commodities and their manufacturers. The
specific measures thereof shall be drawn up by the State Administration
for Commodity Inspection in conjunction with the relevant competent
departments under the State Council.
Article 23
The commodity inspection authorities may, when necessary, place commodity
inspection marks or sealings on import and export commodities proved to be
up to standard through inspection.
Article 24
In case an applicant for the inspection of import and export commodities
disagrees with the results of inspection presented by the commodity
inspection authorities, he may apply for reinspection to the same
authorities, to those at the next higher level or to the State
Administration for Commodity Inspection. The conclusion on reinspection
shall be made by the commodity inspection authorities or the State
Administration for Commodity Inspection which has accepted the application
for reinspection.
Article 25
The commodity inspection authorities, the inspection organizations
designated by them and other inspection organizations approved by the
State Administration for Commodity Inspection may handle the business of
superintending and surveying import and export commodities as entrusted by
parties involved in foreign trade or by foreign inspection bodies.
The scope of business of superintending and surveying import and export
commodities shall cover: inspection of the quality, quantity, weight and
packing of import and export commodities; inspection of cargoes with
respect to general or particular average; inspection of container cargoes;
damage survey of import cargoes; inspection of technical conditions for
the shipment of exports; measurement of dead tonnage; certification of the
origin or value of exports and other superintending and surveying
services.
Chapter V Legal Responsibility
Article 26
Anyone who, in violation of the relevant provisions of this Law, purposely
markets or uses import commodities which are included in the List of
Commodities or subject to inspection by the commodity inspection
authorities in accordance with other laws or administrative rules and
regulations without having such commodities inspected, or purposely
exports export commodities which are included in the List of Commodities
or subject to inspection by the commodity inspection authorities in
accordance with other laws or administrative rules and regulations without
having such commodities inspected and proved up to standard shall be fined
by the commodity inspection authorities. If the circumstances are serious
and cause heavy economic losses, the criminal responsibility of the
personnel directly responsible shall be investigated by applying mutatis
mutandis the provisions of Article 187 of the Criminal Law.
Anyone who, in violation of the provisions of Article 17 of this Law,
purposely exports export commodities which have been found substandard
during a random inspection by the commodity inspection authorities, shall
be punished in accordance with the provisions of the preceding paragraph.
Article 27
If the falsifying or remaking of the certificates or documents, seals or
stamps, marks, sealings or quality certification marks for commodity
inspection constitutes a crime, the criminal responsibility of the
personnel directly responsible shall be investigated by applying mutatis
mutandis the provisions of Article 167 of the Criminal Law; if the
circumstances are minor, the offender shall be fined by the commodity
inspection authorities.
Article 28
If a party refuses to accept the punishment decision of the commodity
inspection authorities, he may, within 30 days of receiving the notice on
the punishment, apply for reconsideration to the same authorities which
have made the punishment decision, to those at the next higher level or to
the State Administration for Commodity Inspection. If the party refuses
to accept the decision on the reconsideration, he may, within 30 days of
receiving the notice on the reconsideration decision, bring a suit nor
complies with the punishment decision within the prescribed time limit,
the commodity inspection authorities which have made the punishment
decision shall apply to a court of law for compulsory execution.
Article 29
Any functionary of the State Administration for Commodity Inspection or of
the commodity inspection authorities or any of the inspection personnel of
the inspection organizations designated by the State Administration for
Commodity Inspection and the commodity inspection authorities who abuses
his power, commits irregularities for the benefit of his relatives or
friends, falsifies inspection results or fails to conduct inspection and
issue a certificate within the time limit through dereliction shall,
depending on the seriousness of the circumstances, be given administrative
sanction, or his criminal responsibility shall be investigated according
to law.
Chapter VI Supplementary Provisions
Article 30
The commodity inspection authorities and other inspection organizations
shall collect fees according to relevant provisions for carrying out
inspection or performing superintending and surveying services in
accordance with the provisions of this Law. The procedures for collecting
fees shall be drawn up by the State Administration for Commodity
Inspection in conjunction with the competent departments under the State
Council.
Article 31
Rules for the implementation of this Law shall be formulated by the State
Administration for Commodity Inspection and shall come into force after
being submitted to and approved by the State Council.
Article 32
This Law shall come into force as of August 1, 1989. The Regulations of
the People's Republic of China on the Inspection of Import and Export
Commodities promulgated by the State Council on January 28, 1984 shall be
invalidated as of the same date.
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
乌鲁木齐市城市市容环境卫生门前三包责任制实施办法
新疆维吾尔自治区乌鲁木齐市人民政府
乌鲁木齐市城市市容环境卫生门前三包责任制实施办法
文号：乌政发[2002]85
关于印发乌鲁木齐市城市市容环境卫生
门前三包责任制实施办法的通知
乌鲁木齐县、各区人民政府，乌鲁木齐经济技术开发区、高新技术产业开发区管委会，市属各委、局、办,中央、自治区、兵团驻乌各单位：
《乌鲁木齐市城市市容环境卫生门前三包责任制实施办法》已经市人民政府同意。现印发给你们，请认真遵照执行。
二ОО二年十一月十八日
乌鲁木齐市城市市容环境卫生
门前三包责任制实施办法
第一条 为加强乌鲁木齐市城市市容环境卫生管理，创造清洁、优美的城市环境，根据《乌鲁木齐市城市市容和环境卫生管理条例》，结合本市实际，制定本办法。
第二条 本办法适用于本市城市规划区内城市市容环境卫生门前三包责任制工作。
第三条 门前三包责任人为本市沿街道路两侧单位和有固定经营场所的经商营业户。
第四条 城市道路两侧临街单位、经商户经营场所的门前三包责任区为单位或经商户经营场所临街一侧房基线（有护栏或者围墙的，从护栏或者围墙起算）至人行道路沿石；无人行道的，至道路中心线。
第五条 按照统一领导，分级负责，条块结合，以块为主的原则，门前三包责任制实行市、区、街道三级目标管理体制。
第六条 市市政市容管理局是本市门前三包责任制工作的行政主管部门，负责门前三包责任制的监督、检查和指导工作。
各区(县)市政市容管理部门负责本辖区门前三包责任制的管理工作。
各街道办事处具体负责本辖区责任制的日常管理工作。
第七条 门前三包责任制的具体内容和要求是：
（一）包门前卫生。负责门前责任区的清扫保洁，清除废弃物，冬季自行清除冰雪，保持门面和公共设施的整洁。
（二）包门前绿化。保持绿地清洁，制止攀折花木和占用绿地等违法行为。
（三）包门前秩序。制止在门前及人行道上摆摊设点，堆放货物、积土等其他杂物；维护各类公共设施的完好、整洁。
第八条 门前三包责任区按照人人动手、清洁环境、社会参与、合理负担的原则，由街道办事处负责组织划定，有关单位和个人必须遵守。
第九条 街道办事处应组织门前三包队伍进行市容环卫保洁服务并接受委托承担保洁服务。
第十条 沿街无单位或经营场所的地段，由所在街道办事处负责组织清扫保洁。
第十一条 无法承担门前三包环境卫生保洁的责任单位或个人，可委托街道办事处负责保洁，并按规定缴纳门前三包服务费。
第十二条 门前三包服务费由责任区所在的街道办事处按照物价部门规定的收费标准收取，专项用于支付三包员工资及购置清洁工具和有关管理工作，不得挪作他用。
第十三条 门前三包员由各区街道办事处从社会聘用并统一管理。
第十四条 市容环境卫生门前三包实行目标责任制。门前三包责任人与所在街道办事处签订责任书，街道办事处与所在辖区内的市政市容管理部门签订责任书，各区市政市容管理部门应与市市政市容行政主管部门签订责任书。
第十五条 本市所有单位或个人应遵守本办法的有关规定，自觉履行门前三包的职责和义务，认真做好市容环境卫生保洁工作。
第十六条 对拒不承担门前三包任务或环境卫生保洁工作不符合保洁要求的责任人，由行政综合执法机关依照有关法律、法规给予处罚。
第十七条 对拒不服从管理，侮辱、殴打门前三包工作人员的，由公安机关依照《中华人民共和国治安管理处罚条例》给予处罚。构成犯罪的，依法追究刑事责任。
第十八条 当事人对行政处罚决定不服的，可依法申请行政复议或提起行政诉讼。
第十九条 本办法自公布之日起施行。1997年5月27日市人民政府公布施行的《乌鲁木齐市城市环境卫生门前三包责任制实施办法》同时废止。