Article 1
With a view to fulfilling the requirement of developing the socialist market economy, implementing the industry policies of the state, actively introducing the advanced technology and equipment from foreign countries, reasonably adjusting the structure of import, strengthening the administration system of the import of machinery and electronic products, and tightening up the management and supervision over the work concerning the import of machinery and electronic products, the present Regulations are formulated in compliance with "Provisional Regulations on the Administration of Import of Machinery and Electronic Products" (promulgated by Decree No.1 in 1993 of the State Economic and Trade Commission and the Ministry of Foreign Trade and Economic Cooperation).
Article 2
The administrative organizations for the import of machinery and electronic products, which are set up in all the provinces, autonomous regions, municipalities directly under the Central Government, cities with independent planning power, open coastal cities, the special economic zones, relevant departments and institutions directly under the State Council, the Headquarters of the General Staff and the General Logistics Department of the People's Liberation Army, and the Headquarters of the Armed Police, shall bear the name of "Office for the Import of Machinery and Electronic Products in ... province, autonomous region or ministry" (hereinafter referred to as the Local (Sector) Office for Import of Machinery and Electronic Products), or "the Local (Sector) Office for Import and Export of Machinery and Electronic Products" if the office of import shares the same office with the office of export.
Article 3
The Local (Sector) Office for Import of Machinery and Electronic Products, under the leadership of the local people's governments and relevant departments directly under the State Council, and under the guidance of the State Economic and Trade Commission (the State Office for Import and Export of Machinery and Electronic Products), shall undertake the responsibility for the administration on import of machinery and electronic products in their own localities and departments and handle the procedures of importing machinery and electronic products by the authority of the state.
Article 4
The Local (Sector) Office for Import of Machinery and Electronic Products shall ensure the correct implementation of relevant laws, regulations, policies and rules of the state concerning the import of machinery and electronic products, follow the principle of "service, efficiency , incorruptibility and transparency" and strictly abide by the working procedures stipulated by the state.
Aticle 5
The following requirements shall be fulfilled for the purpose of setting up the office for Import of Machinery and Electronic Products:
(1) It is absolutely necessary to be set up for the sake of doing a better job and there are certain amount of such import;
(2) The organizations shall be set up in the administrative departments with comprehensive functions instead of units in the nature of institutions and enterprises (with the exception of the institutions and enterprises which perform the functions of sectional administration), and such organizations shall not be allowed to share the same office with the above-mentioned institutions and enterprises;
(3) There shall be someone specially responsible for the office and the organizations shall be provided with specialized staff of high political and business competency; (4) The organizations shall be equipped with automatic office facilities which issue license by computers.
Article 6
The administrative seals of the Local (Sector) Office for Import and Export of Machinery and Electronic Products shall be engraved by the localities and departments themselves and files be reported to the State Office for Import and Export of Machinery and Electronic Products. "The Special Seal for Import of Machinery and Electronic Products" shall be uniformly engraved and issued after examination by the State Office for Import and Export of Machinery and Electronic Products. When the Local (Sector) Office for Import of Machinery and Electronic Products apply for the Special Seal for Import of Machinery and Electronic Products, the following procedures shall be undertaken:
(1) To present the relevant documents issued by the local governments, or departments at the central level to apply for the setting-up of the import office, which illustrate the office's line-up, composition of the staff, coverage of portfolio and the equipment issuing computerized license;
(2) The staff of the offices for import of machinery and electronic products shall receive the job training in respect of relevant import policies, the issuance of license by computer and statistics;
(3) The State Office for Import and Export of Machinery and Electronic Products shall, after testing and determining the qualification of the local (sector) offices, check and issue the "Special Seal for Import and Export of Machinery and Electronic Products", and put on record in the relevant departments, such as the Customs General Administration and concerned banks. By the authority of the special seals for import, the Local (Sector) Office for Import of Machinery and Electronic Products shall handle the work related to the import of machinery and electronic products by the units in their own localities or departments.
Article 7
If any institutional changes (including the juridical relationship)take place in the Local (Sector) Office for Import of Machinery and Electronic Products, the procedures stipulated in Article 6 shall be undertaken once again. After verification and approval, the "Special Seal for Import of Machinery and Electronic Products" shall be changed accordingly. An application to disband the Local (Sector) Office for Import of Machinery and Electronic Products shall be made in writing to the State Office for Impert of Machinery and Electronic Products 60 working days prior to the termination of its functions. After the said application is verified and approved, the "Special Seal for Import of Machinery and Electronic Products " shall be returned and records shall be put on in relevant departments, such as the Customs General Administration and concerned banks. Any change of the Local (Sector) Office for Import of Machinery and Electronic Products, in respect of their line-up, staff, office venue, communication numbers and post codes, shall be notified to the State Office for Import of Machinery and Electronic Products in due course.
Article 8
In compliance with the principles, policies and regulations of the state related to the administration on import of machinery and electronic products, the organizations shall be responsible for formulating the regulations concerning the administration on import of machinery and electronic products in their own localities (departments), and promulgating for implementation after being approved by the local people's governments (departments at central levels) and the State Office for Import and Export of Machinery and Electronic Products.
Article 9
The organizations shall be responsible for: -the import registration of machinery and electronic products in their own localities (departments); -summarizing, checking and reporting the localities' (departments')demand for quota products and special products; -approving after examination and handling the import process of the quota products and special products in their own localities (departments) authorized by the State Office for Import and Export of Machinery and Electronic Products; -checking and supervising the bidding work of machinery and electronic products in their own localities (departments).
Article 10
The organizations shall take the responsibilities for collecting and reporting the statistical data of the import of machinery and electronic products in the localities (departments). The Local (Sector )Office for Import of Machinery and Electronic Products shall send the report of the statistical data in the localities(departments) to the State Office for Import of Machinery and Electronic Products no later than the 5th day of every month.
Article 11
The organizations shall be responsible for reporting and handling the registration procedures for the import of machinery and electronic products by the foreign-funded enterprises in the localities (departments), -which are needed by the foreign-funded enterprises for the purpose of manufacturing products for domestic sales; -which the foreign-funded enterprises shall use for the projects of processing with supplied or imported materials from overseas; -which the foreign -funded enterprises shall use to manufacture machinery and electronic products for domestic sales. The organizations shall also be engaged in the administration of the quota of machinery and electronic products imported by foreign-funded enterprises.
Article 12
The organizations shall assist the local Office for Overseas Chinese Compatriots Affairs and the Office for Taiwan Affairs in reporting the machinery and electronic products subject to quota administration which are donated by overseas Chinese and compatriots from Taiwan, Hong Kong and Macao outside the stipulated volume.
Article 13
The organizations shall be responsible for the collection, analysis and forecast of information concerning the import of machinery and electronic products and exert their best efforts to exchange such information. They shall also take the responsibilities to give advises on the import of machinery and electronic products in the initial stage of introducing foreign technology.
Article 14
The organizations shall be responsible for supporting the industrial sectors to integrate technology with trade, absorbing the foreign technology and upgrade the contents of domestic production. They shall cooperate with relevant departments in charge to investigate and gain the knowledge of the production, sales of domestically-made machinery and electronic products and the unfair competition through dumping foreign products at unreasonable low prices.
Article 15
The organizations shall reinforce their work of investigation and research in order to sum up experience and study the way to improve the work of administration on import of machinery and electronic products. They shall take the responsibilities to put up constructive proposals and summarize and report their work to the local (sector) authorities and the State Office for Import and Export of Machinery ad Electronic Products.
Article 16
The organizations shall take the responsibilities to reexamine the import certificates which the State Office for Import and Export of Machinery and Electronic Products may raise objections. They shall also take the responsibilities to assist relevant departments of Customs , Industry and commerce, procurate and supervision in investigating into and make punishments to the cases of violating the rules, laws and regulations related to the import of machinery and electronic products.
Article 17
The Local (Sector) Office for Import of Machinery and Electronic Products shall be subject to the guidance, supervision and examination of the State Office for Import and Export of Machinery and Electronic Products, while the State Office for Import and Export of Machinery and Electronic Products shall accept the supervision of the Local (Sector) Office for Import of Machinery and Electronic Products.
Article 18
The Local (Sector) Office for Import of Machinery and Electronic Products shall formulated the working regulations and the regulations on the use of its seals and issuing import certificates and registration forms.
Article 19
The organizations shall improve the quality of service, upgrade working efficiency and make sure to complete the import procedures or give a reply to the application within 10 working days.
Article 20
The organizations shall not issue import quota and approve the import of machinery and electronic products of certain kinds without adequate authorization.
Article 21
The staff of the Local (Sector) Office for Import of Machinery and Electronic Products shall reinforce its work of studying relevant policies and business and actively participate in training of import administration.
Article 22
The Local (Sector) Office for Import of Machinery and Electronic Products shall not set up management entities of any kind and companies in "refurbished names". They shall strictly follow relevant regulations of the state.
Article 23
Awards shall be given to those offices and staff, who carry out the rules, policies, laws and regulations of the State conscientiously, keep forging ahead to improve administration and make remarkable progresses in the work of administration on import of machinery and electronic products.
Article 24
In the process of handling the procedures of the import of machinery and electronic products, if the offices shall be found to approve import in excess of authority, practice fraud and fail to report and send the statistics and materials for records, a note or circular of criticism shall be issued according to the actual situations. In case of serious violation of the laws and regulations, their "Special Import Seals" shall be suspended at regular or irregular intervals, or be withdrawn.
Article 25
If the staff of the offices are found to violate relevant rules, laws and regulations by approving the import of machinery and electronic products in excess of authority and cause serious consequences, the departments in charge shall be urged to issue a notice of criticism or warning or other administrative punishments to the people directly responsible and the head of the staff in charge according to the seriousness of the consequences. In case that a violation of laws occurs, it shall be dealt with for legal responsibilities in accordance with relevant laws and regulations.
Article 26
The right to revise and interpret the present Regulations shall reside in the State Office for Import and Export of Machinery and Electronic Products.
Article 27 The present Regulations shall enter into force upon promulgation.
