Law of the People's Republic of China on Import and Export Commodity Inspection (2018 Second Amendment)

Law of the People's Republic of China on Import and Export Commodity Inspection (2018 Second Amendment) Law of the People's Republic of China on Import and Export Commodity Inspection (Adopted at the Sixth Session of the Standing Committee of the Seventh National People's Congress on February 21, 1989, amended for the first time according to the Decision on Amending the Law of the People's Republic of China on Import and Export Commodity Inspection as adopted the 27th Session of the Standing Committee of the Ninth National People's Congress on April 28, 2002; amended for the second time according to the Decision of Standing Committee of the National People's Congress on Amending the Cultural Relics Protection Law of the People's Republic of China and Other Eleven Laws as adopted at the Third Session of the Standing Committee of the Twelfth National People's Congress on June 29, 2013; amended for the third time according to the Decision of the Standing Committee of the National People's Congress to Amend Six Laws Including the Frontier Health and Quarantine Law of the People's Republic of China , by Order No. 6 of the President of the People's Republic of China on April 27, 2018; and amended for the fourth time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Five Laws Including the Product Quality Law of the People's Republic of China as adopted at the 7th session of the Standing Committee of the thirteenth National People's Congress on December 29, 2018) Contents Chapter I General Provisions Chapter II Inspection of the Import Commodities Chapter III Inspection of the Export Commodities Chapter IV Supervision and Administration Chapter V Legal Responsibilities 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, regulating the inspection of import and export commodities, protecting the public interests and the lawful rights and interests of the parties involved in import and export 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 bodies licensed by the State Administration for Commodity Inspection shall, in accordance with the law, perform the inspection of import and export commodities. Article 4 . The inspection of import and export commodities shall follow the principles of protecting the health and safety of human beings, protecting the life and health of animals or plants, protecting the environment, preventing frauds and safeguarding national security, the State Administration for Commodity Inspection shall make and adjust a Catalog of Import and Export Commodities Subject to Compulsory Inspection (hereinafter referred to as the Catalog), and shall promulgate and implement the Catalog. Article 5 The import and export commodities which are included in the Catalog shall be inspected by 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. The import and export commodities specified in the first paragraph of this Article which meet the conditions for exemption of inspection provided for by the State 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 The compulsory inspection of import and export commodities shall refer to the assessment of whether the import and export commodities listed in the Catalog meet the compulsory requirements of the State technological criterion. The assessment procedures shall include: sampling, inspecting and checking; evaluating, validating and qualification guaranteeing; registering, recognizing and approving, and the combination of them. Article 7 The import and export commodities listed in the Catalog shall be inspected according to the compulsory requirements of the State technological criterion; and the requirements of State technological criterion shall be formulated timely according to law if there are no such requirements yet, before the formulation is made the inspection shall be carried out by referring to the relevant foreign standards designated by the State Administration for Commodities Inspection. Article 8 The inspection bodies licensed by the State Administration for Commodity Inspection may handle the appraisal in import and export commodity inspection as entrusted by parties involved in foreign trade or by foreign inspection bodies. Article 9 The import and export commodities or inspection items that shall be inspected by other inspection bodies as provided for by laws and administrative regulations shall be dealt with according to the provisions of t......