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.
江苏省公安厅省工商局关于印发《互联网上发布危险物品销售广告治安管理规定（试行）》的通知
江苏省公安厅省工商局
江苏省公安厅省工商局关于印发《互联网上发布危险物品销售广告治安管理规定（试行）》的通知
苏公通﹝2007﹞298号 2007年12月21日
各市公安局，省各直属工商行政管理局：
当前，利用互联网发布危险物品有害信息从事不法活动的问题比较突出，已成为影响社会治安、危害人民群众生命财产安全的重大隐患。为加强对互联网上发布危险物品销售广告等行为的监督管理，严厉打击涉及危险物品的各类违法犯罪活动，保障公共安全，服务经济发展，省公安厅、省工商行政管理局经研究联合制定了《互联网上发布危险物品销售广告治安管理规定（试行）》，现印发给你们，请结合本地实际，认真遵照执行。
互联网上发布危险物品销售广告治安管理规定（试行）
第一条为加强对利用互联网发布枪支弹药、民用爆炸物品、剧毒化学品、管制器具等危险物品（以下合称危险物品）销售广告行为的监督管理，严厉打击涉及危险物品的各类违法犯罪活动，根据《广告法》、《枪支管理法》、《民用爆炸物品安全管理条例》、《危险化学品安全管理条例》、《互联网信息服务管理办法》、《计算机信息网络国际联网安全保护管理办法》等法律、法规和规章，制定本规定。
第二条在我省范围内，除下列单位外，其他任何单位或个人不得利用互联网发布（包括自行发布和委托他人发布，下同）危险物品销售广告。
（一）经国务院公安部门核发《民用枪支（弹药）制造许可证》的民用枪支弹药制造企业，经省级公安机关核发《民用枪支（弹药）配售许可证》的民用枪支弹药销售企业；
（二）经国务院国防科工部门核发《民用爆炸物品生产许可证》的民用爆炸物品生产企业，经省级国防科工部门核发《民用爆炸物品销售许可证》的民用爆炸物品销售企业；
（三）经国务院质检部门核发《危险化学品生产许可证》、省级安全生产监督管理部门核发《危险化学品生产企业安全生产许可证》的剧毒化学品生产企业，经省级安全生产监督管理部门核发《危险化学品经营许可证（甲种）》的剧毒化学品销售企业。
（四）经省级公安机关批准的弩制造、销售企业，经县级或设区的市级公安机关登记备案的管制刀具制造企业，建立购销登记制度的管制刀具销售企业。
第三条利用互联网发布危险物品销售广告，必须在已取得信息产业部许可或已履行备案手续的互联网信息服务提供者的网页上发布，严禁在论坛、博客等栏目发布。
第四条在互联网上发布危险物品销售广告，应当有明确的广告标记，必须标注危险物品单位营业执照确定的企业名称、经营地址和真实有效的联系方式，以及营业执照和有关特别许可证件的名称及编号。
第五条利用互联网发布危险物品销售广告，同时应当履行告知义务，在网页显著位置注明买方应具备的资格条件：
（一）购买民用枪支弹药必须持有省级或设区的市级公安机关核发的《民用枪支（弹药）配购证》，或持有国务院国防科工部门核发的《军品出口许可证》（枪支弹药）。
（二）购买民用爆炸物品必须持有国务院国防科工部门核发的《民用爆炸物品生产许可证》，或省级国防科工部门核发的《民用爆炸物物品销售许可证》，或所在地县级公安机关核发的《民用爆炸物品购买许可证》。
（三）购买剧毒化学品必须持有设区的市级公安机关核发的《剧毒化学品购买凭证》或《剧毒化学品准购证》。
（四）购买弩必须持有省级公安机关批准使用的许可文件。购买匕首、三棱刮刀必须持有所在单位的批准文件或证明，且匕首仅限于军队、警察、专业狩猎人员和地质、勘探等野外作业人员购买，三棱刮刀仅限于机械加工单位购买。
第六条危险物品制造、销售单位利用互联网发布危险物品销售广告，可以发布本单位经批准制造、销售的相关危险物品情况，包括品种、型号、图片、销售范围及文字说明等。广告中禁止包括以下信息：
（一）仿真枪、毒鼠强等国家明令禁止生产、销售的，剧毒性药品等国家明令不得做广告的，以及非生产生活所需的管制刀具等危险物品的信息；
（二）危险物品制造方法；
（三）诱导非法购销危险物品行为的信息。
第七条在互联网上发布危险物品销售广告前，危险物品制造、销售单位必须将拟发布信息告知所在地县级公安机关治安部门。县级公安机关治安部门接到告知信息后，及时报告给设区的市级公安机关治安部门，由设区的市级公安机关治安部门及时通报本级公安机关网监部门。
第八条互联网信息服务提供者接受委托发布危险物品销售广告，应当严格审核拟发布信息内容，核对本规定第二条涉及的相关许可证件，对不符合规定的主体或信息内容不得发布。
第九条通过网上销售广告联系建立购销关系时，危险物品制造、销售单位必须详细告知买方依法购销的要求和程序；实施购销时，必须严格查验本规定第五条涉及的买方资格条件等资料，并如实记录物品流向。对不符合法定条件的，一律不得销售。
第十条各级公安机关治安部门负责对辖区危险物品制造、销售单位执行本规定的监督检查，对发布不符合规定的销售广告的，督促其迅速整改到位；积极配合当地公安机关网监部门和工商机关有关部门，依法查处打击互联网上发布危险物品有害信息的行为。
第十一条各级公安机关网监部门负责对互联网信息服务提供者执行本规定的监督检查，加大对互联网上销售危险物品有害信息的巡查力度，及时发现并删除互联网上违规发布的危险物品有害信息，并依法对有关网站进行处理。对本地违规发布危险物品有害信息的行为人，及时会同当地公安机关治安部门和工商机关有关部门依法查处。
第十二条各级公安、工商机关应当加强协作配合，及时沟通监管信息。各级工商机关应当在法定职责范围内积极配合当地公安机关，依法查处利用互联网违法违规发布危险物品销售广告的行为。
第十三条鼓励公众对违规发布危险物品销售广告和利用互联网从事不法活动进行举报。对举报有功人员，各级公安机关按照《江苏省公安机关表彰奖励提供治安信息的有功人员暂行办法》的规定给予奖励。省公安厅举报信箱地址：http：//www?郾jsga?郾gov?郾cn：8090/jbxx/index?郾jsp。
第十四条本规定自发布之日起执行。
