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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.



建设银行


中国人民建设银行分、支行行长离任经济责任稽审办法（试行）
建设银行


第一章 总则
第一条 为了加强内部管理力度，增强各级行行长在任职期间的经济责任意识，完善干部管理制度，保障建设银行各项业务的稳健经营和健康发展，根据《中华人民共和国商业银行法》、《中华人民共和国审计法》、《中国人民建设银行内部稽核审计工作规定》的有关规定，制定本办
法。
第二条 行长离任经济责任稽审，是指建设银行内部稽核审计部门依据国家法律、法规、政策及本行的规章制度，对确定将要离任的行长在其任职期内该行发生的经济行为进行稽审的一项制度。

第二章 稽审对象和组织管理
第三条 建设银行系统内各级分、支行行长（含履行行长职责的副行长）为行长离任经济责任稽审的对象。建设银行各部门的主要负责人、所属公司经理、营业部主任、办事处主任的离任经济责任稽审，依据本办法执行。
第四条 行长离任经济责任稽审在行长工作变动（包括提升、降职、免职、辞职、离退休、岗位调动）时进行。
第五条 凡已确定要进行离任经济责任稽审的行长，实行“先审后离”原则，在未完成经济责任稽审之前，原则上不得提拔、调动、辞职和办理离退休手续。如遇特殊紧急情况，经任免行党组决定，可采取“先免后审”的办法。
第六条 行长离任经济责任稽审按干部管理权限实行“分级实施，下审一级”的管理原则。总行负责对各省、自治区、直辖市、计划单列市分行行长的离任经济责任稽审；各省、自治区、直辖市、计划单列市分行负责对所辖中心支行行长的离任经济责任稽审；各地市中心支行负责对所
辖县（市）支行行长的离任经济责任稽审。下一级行长提升到上一级行担任行领导职务时，由拟提拔干部的管理行先对其进行经济责任稽审，然后将提拔干部的请示报告连同稽审报告一并上报上级行党组。任免行根据情况决定是否进行复审。
第七条 建设银行稽审部门依据本办法的规定负责组织行长离任稽审的实施，提出稽审报告，作为考核、使用干部的主要依据之一。

第三章 稽审内容
第八条 建设银行各级行长任职期间该行发生的经济行为构成离任经济责任稽审的内容：
（一）控制能力的分析和评价：对行长在任职期间对所辖行和机构控制能力进行综合的分析和评价；
（二）工作业绩：对行长在任职期间该行完成上级行下达的年度计划指标真实性、合规性进行稽审，主要稽审存款、信贷资产质量、实现利润三项指标；
（三）业务经营情况：主要检查行长在任职期间内该行各类资产、负债及其他业务的合规合法性、风险性和效益性；
（四）遵守金融财经法纪情况：主要检查行长在任职期间该行遵守《商业银行法》、国家的金融政策、法规和财经纪律、财务制度和上级行有关规定的情况；
（五）行长在任职期间发生的其他需要稽审的事项。

第四章 稽审程序
第九条 按本办法对下级行行长进行离任经济责任稽审，须由人事部门提出并填制《行长离任经济责任稽审提请书》（附件一），经行长批准后，送稽审部门。
第十条 稽审部门接到《行长离任经济责任稽审提请书》后，组成稽审小组，拟定实施方案，填制《行长离任经济责任稽审通知书》（附件二）。下发给受审人所在单位和受审人，并抄送同级人事部门。
第十一条 受审人所在单位要按照《行长离任经济责任稽审通知书》的要求，做好准备工作。受审人要做好任期内的述职准备，写出述职报告。
第十二条 稽审小组在听取受审人述职、有关部门和干部职工意见、并查证核实有关资料的基础上，写出《行长离任经济责任稽审报告》。稽审期限一般不超过3个月。受审人应在稽审报告上签署意见。
第十三条 《行长离任经济责任稽审报告》经派出行稽审部门研究后，报派出行党组，做出稽审结论。如受审人在重大问题上与稽审结论意见不一致，可向上一级稽审部门申请复审。上一级稽审部门应在3个月内派出小组进行复审，做出复审结论。上一级稽审部门的复审结论为最终稽
审结论。
第十四条 稽审中如发现受审人有违反法律、法规或严重违反财经纪律，需追究法律责任或应受到纪律处分的，应按有关法律、法规和制度规定移交有关部门处理。

第五章 稽审纪律
第十五条 实施行长离任经济责任稽审时，受审人所在单位、受审人及有关人员应向稽审人员如实反映情况，提供真实数据和资料。对提供假情况、假数据、假资料或故意隐瞒事实真相的人员，要追究其责任。
第十六条 在实施行长离任经济责任稽审时，稽审人员要坚持原则、实事求是、客观公正、严守机密、不得滥用职权，徇私舞弊。
第十七条 稽审人员依照本办法履行公务、行使职权受法律保护，任何人不得打击报复和蓄意诬陷。

第六章 附则
第十八条 各分行可依据本办法，结合本行实际情况，制定实施细则，并报总行备案。
第十九条 本办法由建设银行总行负责解释。
第二十条 本办法自1996年3月1日起施行。
附件略。



1996年3月1日