中华人民共和国海关关于来往香港、澳门小型船舶及所载货物、物品管理办法 Decree of the General Administration of Customs of the Peoples Re

海关总署令第112号

颁布日期：20040206 　实施日期：20040315 　颁布单位：海关总署

　　No. 112

　　The Measures of the Customs of the People's Republic of China for the Administration of Small Vessels Coming from and Going to Hong Kong and Macao and the Cargoes and Articles on them were adopted at the executive meeting of the General Administration of Customs on January 1st， 2004， which are hereby promulgated and shall be implemented as of March 15th， 2004. The Measures of the Customs of the People's Republic of China for the Supervisory Administration of Small Vessels Going between Hong Kong and Macao and the Cargoes and Articles on them （Decree No. 68 of the General Administration of Customs） and the Measures of the General Administration of Customs of the People's Republic of China for the Administration of the Registration and Record Keeping of Small Vessels Coming from and Going to Hong Kong and Macao （Decree No. 69 of the General Administration of Customs of the People's Republic of China shall be repealed at the same time.

　　Mou Xinsheng， Director of the General Administration of Customs

　　February 6th， 2004

　　The Measures of the Customs of the People's Republic of China for the Administration of Small Vessels Coming from and Going to Hong Kong and Macao and the Cargoes and Articles on them

　　Chapter I General Provisions

　　Article 1 In order to regulate the supervision over small vessels coming from and going to Hong Kong and Macao and the cargoes and articles carried on them， the present Measures are formulated in accordance with the Law on the Customs of the People's Republic of China and other relevant laws and administrative regulations.

　　Article 2 Definitions of the following terms as mentioned in the present Measures：

　　（1） The term “small vessels coming from and going to Hong Kong and Macao” refers to the power-driven vessels and non-power-driven vessels registered within China， used for transportation of cargoes， specially coming and going between the Mainland and Hong Kong or Macao upon approval of the Ministry of Communication or its authorized departments.

　　（2） The term “customs midway supervisory offices for small vessels” （hereinafter referred to MSOs） refers to the supervisory institutions established by the customs in Dachandao at Zhujiangkou， Wanchai of Zhuhai， Guishandao outside Zhujiangkou and Dasanmendao to the East of Hong Kong， which shall be responsible for supervising small vessels and the cargoes and articles carried by them， confirming customs manifest and making customs seal.

　　（3） The term “navigation instructions” refers to the electronic instructions given by the MSOs to the small vessels， such as “Pass by the MSO directly” and “Stop for undergoing formalities”， etc.

　　（4） The term “the specified area” refers to the navigation area centering around an MSO within a certain range. The specific range shall be announced by the related customs directly under the General Administration of Customs.

　　Article 3 Small vessels shall enter and exit， anchor， load and unload cargoes and articles， let people get on or get off and undergo relevant formalities at the ports with customs or the MSOs which are allowed by the customs to assign persons to conduct supervision temporarily.

　　Article 4 Where any of the following vessels enters or exits China， it shall be subject to the formalities for manifest confirmation and customs seal at the specified MSO：

　　（1） Small vessels coming and going between Hong Kong and the water area of Zhujiang shall go through the relevant formalities at Dachandao MSO；

　　（2） Small vessels coming and going between Hong Kong or Macao and the waterway of Modaomen shall go through the relevant formalities at Wanchai MSO；

　　（3） Small vessels coming and going between Hong Kong or Macao and all the ports along the coasts of Guangdong， Guangx

i and Hainan to the west of the Zhujiangkou and the waterway Modaomen shall go through the relevant formalities at Guishandao MSO；

　　（4） Small vessels going between Hong Kong or Macao and all the ports of Guangdong Province to the east of Zhujiangkou， Fujian and along the coast to the north of Fujian shall go through the relevant formalities at Dasanmendao MSO.

　　The small vessels coming and going between Hong Kong and Chiwan， Shekou， Mawan and Yantian Port shall directly go through the entry/exit declaration formalities at the port customs.

　　Article 5 After being kept record by the customs， a small vessel may engage in transportation of cargoes entering or exiting China.

　　The small vessel shall， via the shipping enterprise owning this vessel， go through the record-keeping formalities in the customs directly under the General Administration of Customs or its authorized customs located in the area where the shipping enterprise has completed the commercial and industrial registration. The customs shall manage the small vessels by keeping record through the Internet and shall share the data information.

　　Article 6 Each small vessel shall install ship-borne information receiving and sending device acknowledged by the customs. Under special circumstances， it may not install such device upon approval of the customs.

　　No small vessel may have hidden compartments， interlayers or other room for hiding cargoes and articles. The structure of the vessel shall not be changed after having been verified by the ship inspection department of the state.

　　Chapter II Management of Record-keeping

　　Article 7 When a small vessel applies for record-keeping， the shipping enterprise shall submit the following documents to the customs：

　　（1） The Registration and Record-Keeping Form for Small Vessels Coming from and Going to Hong Kong and Macao （See Attachment 1）；

　　（2） Copy of the approving documents issued by the administrative department of transport；

　　（3） Copy of the ship inspection certificate issued by China Classification Society or the administrative department of maritime；

　　（4） Copy of the vessel's transportation permit；

　　（5） Copy of the vessel's nationality certificate；

　　（6） The diagram of the vessel's structure； and

　　（7） Colored photographs of the front view of the vessel and its profile that shows its name， each in triplicate；

　　In addition， the original documents of those mentioned in Items （2） through （5） shall be simultaneously submitted to the customs for verification.

　　Article 8 Where the customs decides to keep record of a vessel， it shall issue a Registration and Record Keeping Certificate of Small Vessels Coming from and Going to Hong Kong or Macao within 5 working days from the day when it receives the record-keeping documents （hereinafter referred to as Record-keeping Certificate， see Attachment 2） and a Supervisory Book of the Customs for Small Vessels Coming from and Going to Hong Kong and Macao （hereinafter referred to as the Supervisory Book of the Customs， see Attachment 3）。

　　Where the customs decides not to keep record of a vessel upon examination， it shall formulate and issue a Notice on Disapproval of Record Keeping of Small Vessels Coming from and Going to Hong Kong and Macao （See Attachment 4）。

　　Article 9 The customs shall adopt an annual examination management to small vessels. A shipping enterprise shall submit the following documents within the time limit as required by the customs and go through the annual examination formalities for small vessels：

　　（1） The Annual Examination Report on Small Vessels Coming from and Going to Hong Kong and Macao （See Attachment 5）；

　　（2） The Record-keeping Certificate； and

　　（3） The Supervisory Book of the Customs.

　　Any small vessel that fails to go through the annual examination or fails to

meet the requirements as specified in the present Measures shall not continue to engage in transportation of cargoes entering and exiting China.

　　Article 10 Where any of the information registered with the customs， such as a small vessel's name， structure， route， legal representative， address or the nature of the enterprise， is changed， the shipping enterprise shall go through the modification formalities with written application and relevant approving documents.

　　Chapter III Supervision of Customs

　　Article 11 Before a small vessel enters China， the person-in-charge or agent of the vessel may itself or authorize a manifest input entity to send electronic manifest data through pubic data information platform linked with the customs.

　　Before a small vessel exits China， the person-in-charge or agent of the vessel shall submit a paper manifest to the customs at the loading port， the Supervisory Book of the Customs and other relevant vouchers and books， at the same time it shall send electronic manifest data through pubic data information platform linked with the customs.

　　Article 12 The electronic manifest data shall include： the name and serial number of the tool of transport， the number of voyage， nationality， loading port， port of destination， number on bills of lading， the consignee or consigner， name of cargo， cargo quantity and weight， container number and size of container.

　　Article 13 The person-in-charge of a vessel shall confirm the declared electronic manifest data through the ship-borne receiving and sending device， when the vessel starts to enter or exit China.

　　After a vessel has completed the formalities for confirming the electronic manifest data and making the customs seal， the owner or agent of the imported cargoes

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