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GB/T 38703-2020: PDF in English (GBT 38703-2020)

GB/T 38703-2020 GB NATIONAL STANDARD OF THE PEOPLE’S REPUBLIC OF CHINA ICS 03.100.01 A 01 Requirements for International Road Transport Services of Freight Forwarders ISSUED ON: MARCH 31, 2020 IMPLEMENTED ON: OCTOBER 1, 2020 Issued by: State Administration for Market Regulation; Standardization Administration of the People’s Republic of China. Table of Contents Foreword ... 3 Introduction ... 4 1 Scope ... 5 2 Normative References ... 5 3 Terms and Definitions ... 6 4 Basic Requirements ... 11 5 Internal Control ... 11 6 Evaluation and Selection of Service Providers ... 11 7 Document Risk Control ... 12 8 Business Process Control ... 13 Appendix A (informative) International Road Waybill / Road Consignment Note ... 23 Appendix B (informative) Customs Declaration Form for Export Goods ... 26 Appendix C (informative) Paperless Export Release Notification for Customs Clearance ... 28 Bibliography ... 30 Requirements for International Road Transport Services of Freight Forwarders 1 Scope This document specifies the basic requirements, internal control, service provider evaluation and selection, document risk control, business process control and other service quality requirements for road transport of international freight forwarders. This document is applicable to international freight forwarders and related enterprises, and can also be used as a reference for industry management. 2 Normative References The following documents are indispensable to the application of this document. In terms of references with a specified date, only versions with a specified date are applicable to this document. In terms of references without a specified date, the latest version (including all the modifications) is applicable to this document. GB/T 22151 The Guideline on International Freight Forwarding Operation GB/T 22154-2008 Requirement on Services of International Freight Forwarders GB/T 28531 Guideline on Transport Corridor Performance Measurement and Monitoring GB/T 28831 Code of Preparation for International Freight Forwarding Documents GB/T 28832 Requirements on Services of Preparation for International Freight Forwarding Documents GB/T 28833 Insuring and Claiming Procedures for International Logistics Legal Liability Insurance GB/T 28836 Credit Evaluating Index Elements for International Logistics Enterprises GB/T 28839 Declaring Rule for Wood Packing Materials of Importing and Exporting Cargo GB/T 30055 Requirement on Customs Clearance Services of International Freight Forwarders GB/T 30056 Requirement on Container Consolidation Services of International Freight Forwarders GB/T 30347 Requirement on Services of Dangerous Goods Transportation for International Freight Forwarders GB/T 30349 Norms of Container Services on International Freight Forwarders GB/T 30838 Requirement on Services of Contracting Carriers GB/T 31084 Norm of Transport Documents Transfer for International Freight Forwarders GB/T 31085 Norm of Issuing Documents for International Freight Forwarders GB/T 38709 Specification for International Freight Forwarding Railway Transport Operation Convention on the Contract for the International Carriage of Goods by Road, CMR Transport International Routier Convention, 1975 (TIR Convention, 1975) European Agreement Concerning the International Carriage of Dangerous Goods by Road, ADR UNECE TIR handbook CAREC Federation of Carrier and Forwarder Associations (CFCFA) Recommendation No.2: International Logistics Liability Insurance - Basic Elements of Carrier Liability Insurance CAREC Federation of Carrier and Forward Associations (CFCFA) Recommendation No.3: International Logistics Liability Insurance - Basic Elements of International Freight Forwarder Liability Insurance 3 Terms and Definitions What is defined in GB/T 22154-2008, as well as the following terms and definitions are applicable to this document. For ease of use, some terms and definitions in GB/T 22154-2008 are repeatedly listed. 3.1 international road transport International road transport refers to road passenger and goods transportation between China’s border ports and relevant countries or regions. [GB/T 8226-2008, Definition 2.1.3.9] 3.2 road consignment note international road waybill Road consignment note / international road waybill is a transport document that certifies the contract for the international road carriage of goods between the carrier and the shipper. 3.9 TIR Carnet TIR Carnet refers to an international customs document (international road transit transport) approved by the customs and issued by a guaranteed group, under which, the transport of goods in transit by road vehicles and / or containers complying with the requirements of the TIR Convention is mostly carried out under the customs seal. NOTE: Appendix E Definition 950 of GB/T 28530-2012 is modified. 3.10 holder of a TIR Carnet Holder of a TIR Carnet refers to a person who receives a TIR Carnet issued in accordance with the relevant stipulations of the TIR Convention, and in his name, submits a customs declaration in the form of a TIR Carnet, indicating the expectation of loading the goods at the customs at the place of departure in accordance with the TIR procedures. He shall be responsible for submitting the road vehicle, combination of vehicles or container and good, and the corresponding TIR Carnet to the customs office of departure, en route and destination for inspection, and shall be responsible for seriously abiding by other relevant stipulations of the TIR Convention. [the term “o” in Clause 1 of 1975 TIR Convention] 3.11 TIR operation TIR operation refers to the part of TIR transport carried out within the territory of a contracting party from the customs office of departure or entry (en route) to the customs office of destination or exit (en route). [the term “b” in Clause 1 of 1975 TIR Convention] 3.12 start of a TIR operation Start of a TIR operation refers to the submission of road vehicle, combination of vehicles or container and good, and the corresponding TIR Carnet to the customs office of departure or entry (en route) for inspection for regulatory purposes, and the TIR Carnet has been accepted by the customs office. [the term “c” in Clause 1 of 1975 TIR Convention] 3.13 termination of a TIR operation Termination of a TIR operation refers to the submission of road vehicle, combination of vehicles or container and good, and the corresponding TIR Carnet to the customs office of destination or exit (en route) for inspection for regulatory purposes. [the term “d” in Clause 1 of 1975 TIR Convention] 3.14 discharge of a TIR operation Discharge of a TIR operation means the customs authorities recognize that the contracting party has correctly terminated the TIR operation. The customs authorities base their determination on the basis of a comparison of the data and information grasped by the customs office of the destination or exit (en route) with those grasped by the customs office of departure or entry (en route). [the term “e” in Clause 1 of 1975 TIR Convention] 3.15 customs office of departure Customs office of departure refers to any customs office of the contracting party where the whole or part of the goods begins its TIR transport. [the term “k” in Clause 1 of 1975 TIR Convention] 3.16 customs office of destination Customs office of destination refers to any customs office of the contracting party where the whole or part of the goods terminates its TIR transport. [the term “l” in Clause 1 of 1975 TIR Convention] 3.17 customs office en route Customs office en route refers to any customs office of a contracting party that a road vehicle, combination of vehicles or container passes after entering or exiting a contracting party during TIR transport. [the term “m” in Clause 1 of 1975 TIR Convention] 3.18 road vehicle Road vehicle refers to any power-driven road vehicle, and any trailer or semi-trailer designed to be hitched thereto. [the term “g” in Clause 1 of 1975 TIR Convention] 3.19 combination of vehicles Combination of vehicles refers to any mutually hitched vehicles traveling as a unit on the road. [the term “h” in Clause 1 of 1975 TIR Convention] 3.20 container Container refers to a piece of transport equipment (goods box, portable tank or other similar structures): ---enclosed in whole or in part into compartments for loading goods, 4 Basic Requirements 4.1 The establishment, improvement and operation of the service quality assurance system shall comply with the requirements of GB/T 22154. 4.2 It shall have the qualifications and capabilities to carry out the corresponding business, and shall take out the corresponding liability insurance for the responsibilities assumed. 4.3 The conclusion and modification of the contract shall follow the principles of equality, voluntariness and consensus through consultation, and the rights and obligations of all parties shall be clarified. 4.4 The transportation route, transportation time limit and goods stowage shall satisfy the requirements of customers. 4.5 The selection, evaluation and management of service providers shall be comprehensive, objective and scientific. 4.6 The division of responsibilities and risks for goods transportation shall comply with the requirements of laws and regulations. 4.7 The process and records of goods receipt and delivery shall be clear and complete; the time limit and objects shall comply with the provisions of the contract, and the operators or good- receiving and releasing agents shall be required to effectively implement them. 4.8 The road transport emergency plan for overseas emergencies shall include reporting procedures, emergency command, emergency vehicle and equipment stock, and disposal measures; the safety management system for international road transport shall include the safety production responsibility system, safety production business operating procedures, safety production supervision and inspection system, driver and vehicle safety production management system, etc. 4.9 Expense items and charging standards shall be reasonable, standardized and transparent. 5 Internal Control The organizational structure, internal management, practitioner ethics and professional quality requirements, service quality supervision and service improvement of freight forwarders shall comply with the requirements of GB/T 22151, GB/T 22154 and GB/T 28836. 6 Evaluation and Selection of Service Providers The evaluation of the safety, legality, stability and financial solvency of service providers shall include, but not be limited to the following contents: ---Whether it is legally established in accordance with the laws of the country where it is registered, and has the legal qualifications for the services provided; ---Whether an effective service quality assurance system has been established. The selection of service providers shall include, but not be limited to the following contents: ---Give priority to the selection of service providers recommended by industry intermediary organizations; ---Give priority to the selection of service providers with goods business partners and business records; ---Give priority to the selection of service providers with goods credit and goods financial capabilities; ---Give priority to the selection of service providers who have purchased comprehensive liability insurance. 7 Document Risk Control 7.1 The laws and regulations of all transiting countries, especially the countries of departure and destination, shall be complied with; for the issued transport documents, the necessary records shall be carried out and the corresponding liability insurance shall be covered. Risk control and liability insurance shall comply with the stipulations of GB/T 30838, GB/T 28833, CFCFA Recommendation No.2 and CFCFA Recommendation No.3. 7.2 The international road waybill / road consignment note shall be used, see Appendix A. 7.3 The management system for the preparation, review, issuance and handover of cross-border transport documents, such as: international road waybill / road consignment note, TIR Carnet, GMS road transport permit, temporary admission document (TAD) and international freight forwarding certificate, etc., shall be established and comply with the stipulations of GB/T 28831, GB/T 28832, GB/T 31084 and GB/T 31085; the time limit and object of handover shall comply with the provisions of the contract, and the operating personnel or goods receiving and releasing agents shall be supervised and urged to implement the provisions. 7.4 A management system for the storage and receipt of documents, such as: international road waybill / road consignment note, TIR Carnet, GMS road transport permit, temporary admission document (TAD) and international freight forwarding certificate, etc., shall be formulated, and full-time personnel shall be arranged for the management. 7.5 The accompanying documents for the customs and other formalities indicated in the international road waybill / road consignment note shall be properly kept. 7.6 The service providers engaged in international road transport shall be prompted, including but not limited to the following contents: ---In accordance with a pre-scheduled or customary or geographical route; ---Satisfy the requirements of all customers on the type, specifications and quantity of goods; ---Ensure that the quantity of goods does not exceed the limits of the volume and load capacity of the means of transport. 8.2 Service Process Formulation 8.2.1 When signing transportation contracts or agency contracts with other service providers, for example, overseas carriers, the operating procedures between them shall be clarified. 8.2.2 After the preparation of the transportation route is completed, a complete operating process shall be formulated for the whole transportation service, including from acceptance of consignment to delivery of goods. 8.2.3 When formulating the process, special attention shall be paid to the requirements of the customs of all transit countries and the connection of different modes of transport for transport documents. 8.2.4 After completing the formulation of the operating process, all relevant internal departments and post personnel shall be organized to conduct trainings, so that all operators are familiar with the process. 8.2.5 In accordance with the requirements of the operating process, respectively formulate the customer entrustment and delivery process, and notify the customers when booking goods space or picking up goods. 8.2.6 In accordance with changes of the service providers and the laws and regulations of the transit countries, adjust the operating process. 8.3 Entrustment of Consignor 8.3.1 Before accepting the entrustment, confirm with the relevant parties whether the customer’s requirements can be satisfied, including but not limited to dangerous goods, overweight, oversized, large quantities and goods requiring special declaration, etc. 8.3.2 After accepting the entrustment, in accordance with the specific goods name, quantity, type and route, time requirements provided by the consignor, as well as the time when the goods is ready and the appropriate carrier, etc., timely report the freight rate. 8.3.3 After accepting the entrustment, within a reasonable time, go through the loading procedures, and timely provide the customers with information such as means of transport, loading date and time, etc. 8.3.4 Timely check the contents of the international road waybill / road consignment note with the consignor. The international road waybill / road consignment note shall include the following contents: ---The date and location of the formulation of the international road waybill / road consignment note. ---The name and address of the shipper. ---The name and address of the carrier. ---The location and date of delivery, as well as the location where the goods are delivered. ---The name and address of the consignee. ---A description of the nature of goods and the mode of packaging. For dangerous goods, their nature shall be stated. ---The quantity and shipping marks of the goods. ---The total weight of the goods, or the quantity expressed in other units of measurement. ---Costs related to transportation (transportation costs, additional costs, customs duties and other costs incurred from contract-signing to delivery). ---Necessary description of the customs and other formalities. When necessary, the international road waybill / road consignment note shall also include the following contents: ---An instruction that reshipment and transshipment are not allowed; ---Fees paid by the shipper; ---The fee of “Cash On Delivery”; ---A statement of the value of goods and the actual amount of interest when the goods are delivered at the point of designation; ---Instructions from the shipper to the carrier regarding goods insurance; ---The agreed time limit for the completion of the shipment; ---A list of documents handed over to the carrier. The contracting parties may fill in other special matters deemed necessary on the international road waybill / road consignment note. See Appendix A. 8.3.5 For goods that need to be escorted, when handling the consignment procedures, the consignor shall indicate the information of the escort and the necessary circumstances on the international road waybill / road consignment note. 8.5 Acceptance of Goods 8.5.1 The packaging of the accepted goods shall be suitable for international road transport, warehouse storage or the special properties of the goods, and comply with the relevant technical requirements. 8.5.2 Attention shall be paid to whether there are instructions on the international road waybill / road consignment note indicating that the shipper has special requirements for the handling, storage, protection or transportation of the goods. 8.5.3 Attention shall be paid to the special agreements on the international road waybill / road consignment note. 8.5.4 Customers shall be reminded to correctly declare the name of the goods, and not to carry flammable, explosive, toxic, corrosive, radioactive items and items prohibited from importing and exporting under international regulations. 8.5.5 In accordance with the time, location, appearance of goods, condition of packaging, quantity and transportation marks as stipulated in the contract, the goods shall be received, and the documents shall be handed over and recorded in detail. In case of discrepancy, the carrier’s comments shall be added to the international road waybill / road consignment note. 8.6 Customs Broker and TIR Transport 8.6.1 Perform the duties as a broker, cooperate with the inspection operations of the customs, and properly explain the relevant situations in accordance with the requirements of the customs. 8.6.2 Properly keep the relevant documentary evidence, for example, the registration certificate issued by the customs. See Appendix B and Appendix C for relevant documents. 8.6.3 Before the customs declaration documents are submitted to the customs, they must be carefully reviewed, so as to ensure that the information is complete, the content is accurate, the filling is correct and complete, and there is no falsification or opportunism; entry into the customs is strictly prohibited. 8.6.4 The customs supervision stations, bonded warehouses, supervision convoys and goods operations for customs declaration in other places must strictly follow the customs regulations. 8.6.5 When providing agent services for customs declaration, remind the customers to provide legal, qualified, correct and complete customs declaration documents. Within the scope of the consignor’s authorization, conscientiously perform duties, assert the consignor’s legal rights and timely report the progress of customs declaration to the consignor and accept the supervision of the consignor. The agent services for customs declaration shall comply with the stipulations of GB/T 30055. 8.6.6 Cooperate with customs requirements and provide convenient conditions. 8.6.7 When the export goods involve special components, such as: batteries, powders, magnets and wood packing, etc., the corresponding customs declaration shall comply with customs regulations. The declaration of wood packing shall comply with the requirements of GB/T 28839. 8.6.8 During TIR transport, the customers and the person in charge of the means of transport of the TIR Carnet (hereinafter referred to as the TIR Carnet holder) shall be reminded, including but not limited to the following contents: a) Before starting TIR transport, the TIR Carnet holder shall declare the electronic data of the TIR Carnet to the customs through the TIR electronic advance declaration system, and after receiving the feedback information accepted by the customs, in accordance with the relevant requirements of the TIR handbook, fill in the TIR Carnet. b) After the TIR transport vehicle arrives at the workplace under customs supervision, the TIR Carnet holder shall submit the TIR Carnet and the TIR transport vehicle approval certificate to the customs for inspection. c) For large and bulky goods that do not meet the sealing conditions, the TIR Carnet holder shall attach the packing list, photos, drawings and other materials needed to identify the goods on the inside of the first page of the TIR Carnet before starting the TIR transport. d) Only after the customs at the place of departure has verified that the relevant materials are correct and applied the customs seal, and the completion of relevant customs procedures for TIR transport can the TIR Carnet holder start the TIR transport. e) Only after the customs at the place of exit and entry has verified that the relevant materials and customs seals are correct, and the completion of relevant customs procedures for TIR transport can the TIR Carnet holder continue the TIR transport. f) Only after the customs at the place of destination has verified that the relevant materials and customs seals are correct, and the completion of relevant customs procedures for TIR transport can the TIR Carnet holder terminate the TIR transport. g) If the customs at the place of exit of the neighboring country does not approve customs clearance or the customs clearance procedures are improper, and the customs at the place of entry requires the TIR Carnet holder to go through the relevant procedures, the TIR Carnet holder shall return to the customs at the place of exit of the neighboring country to go through the relevant procedures. h) In the event of goods loading and unloading during TIR transport, the operator of the relevant supervisory workplace shall transmit loading information and arrival information, etc. to the customs in accordance with the current regulations on the management of domestic transportation of goods under customs supervision. 8.7 Transport Arrangement ......
 
Source: Above contents are excerpted from the PDF -- translated/reviewed by: www.chinesestandard.net / Wayne Zheng et al.