China's Measures for the Administration of Diplomatic Vehicles

 2018-07-19  69


· Area of Law: Foreign Affairs

· Level of Authority: Departmental Regulatory Documents

· Date issued:01-01-2017

· Effective Date:01-01-2017

· Status: Effective

· Issuing Authority: Ministry of Foreign Affairs Ministry of Public Security General Administration of Customs State Administration of Taxation

 

Measures for the Administration of Diplomatic Vehicles
Article 1 In order to facilitate foreign embassies in China (hereinafter referred to as “embassies”), diplomatic personnel, administrative and technical personnel (hereinafter referred to as “embassy personnel”) to effectively perform their duties on behalf of their countries, and strengthen and regulate the administration of diplomatic vehicles, these Measures are hereby developed in accordance with the Regulation of the People's Republic of China on Diplomatic Privileges and Immunities, the Road Traffic Safety Law of the People's Republic of China and other laws and regulations.
Article 2 For the purpose of these Measures, “diplomatic vehicles” means the motor vehicles that are transported into China from outside the territory of China or purchased within the territory of China for embassies and their personnel to meet their working and living needs in China and approved and issued with diplomatic vehicle license plates by the relevant competent departments. Diplomatic vehicles are divided into vehicles for official use by embassies and vehicles for personal use.
Article 3 Embassies and their personnel shall follow the following procedures when undergoing the relevant formalities for diplomatic vehicles:
(1) Whoever applies for the entry or exit of or whoever purchases within China any diplomatic vehicle, undergoes the registration, change, transfer or registration cancellation formalities for any diplomatic vehicle, or applies for the replacement or reissuance of a diplomatic vehicle license plate, road-worthiness certificate or registration certificate shall report to the Ministry of Foreign Affairs for approval in advance, and undergo the relevant formalities according to the provisions of the relevant competent departments.
(2) The registration formalities for diplomatic vehicles shall be handled at the places where the embassies are located.
(3) All embassies shall undergo the relevant recordation formalities with the Ministry of Foreign Affairs and the competent customs offices. The embassy seals filed with the Ministry of Foreign Affairs and the names, positions, and sample signatures of one up to three persons authorized by the embassies shall be consistent with the aforesaid contents filed with the competent customs offices; and, when the relevant formalities for diplomatic vehicles are undergone, the seals and signatures on all instruments shall be consistent with the contents filed.
(4) Embassies or their personnel shall file the relevant information on purchase of insurance for diplomatic vehicles under their names with the Ministry of Foreign Affairs.
Article 4 The quantity and relevant technical parameters of diplomatic vehicles shall meet the requirements of the relevant competent departments.
(1) Diplomatic vehicles shall be administered under the principles of total quantity control and case-by-case approval.
(2) The quota quantity of vehicles for official use by an embassy shall not exceed the number of the diplomatic personnel of the embassy.
(3) Two vehicles for personal use may be registered under the name of a foreign ambassador to China; only one vehicle for personal use may be registered under the name of each of any other diplomatic personnel; and only one vehicle for personal use may be registered under the name of each of administrative and technical personnel.
(4) The quota of official vehicles of an embassy which is subject to the official vehicle system as confirmed by the Ministry of Foreign Affairs may use the remaining quota of the vehicles for personal use of the embassy.
(5) An embassy or its personnel shall undergo the registration formalities for motorcycles according to the provisions of the place where the embassy is located, and the motorcycles newly purchased shall use the quota of the diplomatic vehicles for official or personal use.
(6) The technical parameters of newly-registered diplomatic vehicles shall comply with relevant laws, regulations and rules and technical standards, and the types and displacements thereof, among others, shall be appropriate for the official needs of the embassies and their personnel.
Article 5 The environmental protection requirements for, and the safety technology inspections, insurance, and scrapping of, diplomatic vehicles shall comply with relevant laws, regulations and rules.
(1) Diplomatic vehicles shall meet both the national environmental protection standards for motor vehicles and their local emission standards.
(2) Diplomatic vehicles shall be subject to regular environmental protection and safety inspections as required, and the motor vehicle inspection conformity marks shall be applied for.
(3) Compulsory traffic accident liability insurance for motor vehicles and the commercial third-party liability insurance with the insured amount of not less than 1 million yuan shall be purchased for diplomatic vehicles.
(4) A diplomatic vehicle that reaches the standards for compulsory scrapping of motor vehicles shall be scrapped or transported out of the territory of China.
Article 6 Diplomatic vehicles shall be exempt from relevant taxes and levies.
(1) The diplomatic vehicles transported into China for embassies and diplomatic personnel and the diplomatic vehicles that enter China within six months since administrative and technical personnel assume office shall be exempt from tariffs, value-added tax (“VAT”) and consumption tax and other import taxes.
(2) The VAT and vehicle purchase tax on the purchase of diplomatic vehicles by embassies and their personnel shall be exempt or refunded.
(3) Embassies and their personnel shall be exempt from vehicle and vessel tax when undergoing the relevant formalities for diplomatic vehicles.
(4) Embassies and their personnel may handle vehicle fuel tax refund for diplomatic vehicles.
Article 7 The license plates of diplomatic vehicles shall comply with the following provisions:
(1) The license plates of diplomatic vehicles shall be in unified patterns, and be issued by traffic administrative departments of public security organs.
(2) Diplomatic vehicles shall hang the license plates of diplomatic vehicles consistent with the registration information (or temporary license plates), which shall not be forged, altered, lent, or rented or sold.
(3) Embassy personnel shall, upon expiry of their terms of office, complete the handling of formalities for transferring, scrapping and cancelling the registration of, transporting out of the territory of China or changing the license plates of diplomatic vehicles, and return the license plates of diplomatic vehicles.
Article 8 The entry, exit, transfer, and registration cancellation of diplomatic vehicles shall comply with relevant laws, regulations and rules in force.
(1) Diplomatic vehicles entering China shall comply with the provisions on customs supervision.
(2) A diplomatic vehicle purchased within the territory of China that needs to be transferred shall not be transferred until two years have lapsed since it is registered as a diplomatic vehicle, or at least until one year has lapsed since it is registered as a diplomatic vehicle if the relevant embassy person leaves his or her post.
(3) Whoever is to change the ownership of a diplomatic vehicle shall undergo the corresponding tax exemption or tax payment formalities as required.
(4) Where a diplomatic vehicle is transported out of the territory of China or has reached the standards for compulsory scrapping of motor vehicles as prescribed by laws, regulations or rules, the owner of the vehicle shall undergo the registration cancellation formalities. The diplomatic vehicles that have not undergone registration cancellation formalities shall occupy the quota of vehicles under the names of embassies or their personnel.
Article 9 Under any of the following circumstances, the relevant vehicles shall not be deemed as diplomatic vehicles, and shall be handled in accordance with the law:
(1) The original license plates of diplomatic vehicles are still hung upon expiry of the terms of office of the owners of diplomatic vehicle.
(2) The original license plates of diplomatic vehicles are still hung when the owners of diplomatic vehicles no longer have the status of diplomatic personnel or administrative and technical personnel.
(3) The ownership of diplomatic vehicles is transferred to one who does not enjoy diplomatic privileges and immunities, but the transfer registration formalities have not been undergone as required.
(4) Diplomatic vehicles are rented or lent to one who does not enjoy diplomatic privileges and immunities for use.
(5) The original license plates of diplomatic vehicles are still hung when the embassy to which the vehicles belong has been canceled.
(6) The original license plates of diplomatic vehicles are still hung after the embassy declares the waiver of the diplomatic privileges and immunities related to the diplomatic vehicles.
(7) Valid license plates of diplomatic vehicles fail to be hung as required.
Article 10 If the relevant competent department or law enforcement officer finds any vehicle falls under any of the circumstances as prescribed in items (1) through (6) of Article 9 of these Measures or other circumstances that fail to meet the requirements for diplomatic vehicles, it or he shall notify the Ministry of Foreign Affairs, and the Ministry of Foreign Affairs shall negotiate with relevant embassy for further handling.
Article 11 The drivers of diplomatic vehicles shall be embassy personnel or their spouses living together with them, as well as other drivers holding diplomatic vehicle driving permits.
(1) Embassy personnel and their spouses living together with them who drive diplomatic vehicles shall hold the diplomatic personnel certificates and administrative and technical personnel certificates issued by the Ministry of Foreign Affairs.
(2) Embassies may apply for diplomatic vehicle driving permits for necessary personnel who do not enjoy diplomatic privileges and immunities, and the Ministry of Foreign Affairs shall be responsible for the approval, issuance, extension or revocation thereof.
Article 12 The drivers of diplomatic vehicles shall carry their valid certificates when driving diplomatic vehicles for inspections by law enforcement personnel. The valid certificates required to be carried shall include any of the certificates as listed in Article 11 and the road-worthiness certificate and driving license issued by a traffic administrative department of a public security organ.
(1) If an embassy person or his or her spouse who lives together with him or her does not have the valid qualification to drive a motor vehicle upon confirmation, he or she shall be fined in accordance with the law, and any other diplomatic vehicle driver shall be notified to act as his or her designated driver.
(2) If an embassy person or his or her spouse living together with him or her does not carry the driving license, and has the qualification to drive a motor vehicle upon confirmation, or does not carry the road-worthiness certificate, he or she shall be fined in accordance with the law.
(3) Where a driver fails to carry or be issued with or holds any invalid certificate as listed in Article 11, the relevant competent department or law enforcement personnel shall notify the Ministry of Foreign Affairs, and the Ministry of Foreign Affairs shall notify the relevant embassy and further handle it in light of the actual circumstances.
Article 13 The following provisions shall apply to the drivers of diplomatic vehicles:
(1) Where a driver of a diplomatic vehicle has committed any violation of road traffic safety laws, a law enforcement officer shall have the right to impose penalties in accordance with road traffic safety laws, regulations and rules. After the law enforcement officer has made a penalty decision in accordance with the law, the driver of the diplomatic vehicle shall pay the fine or accept any other penalty as required. If the driver raises any objection to the penalty, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
(2) A system of keeping accumulative points shall apply to the diplomatic vehicle drivers who violate road traffic safety laws, regulations and rules in addition to imposing administrative penalties upon them in accordance with the law. Where the accumulative points of a diplomatic vehicle driver reaches a specified limit, the traffic administrative department of the public security organ shall have the right to detain his or her driving license, and the diplomatic vehicle driver shall take a test on road traffic safety laws and regulations, and may not have his or her driving license returned until he or she passes the test.
(3) The divers of diplomatic vehicles shall support the routine testing of alcohol and drugs, among others, conducted by law enforcement personnel.
(4) When the drivers of diplomatic vehicles encounter traffic accidents, they shall offer to produce relevant certificates, obey the command of on-site law enforcement personnel, and be cooperative in effectively conducting the accident investigation and handling. If all parties unanimously apply for mediation, law enforcement personnel shall conduct a mediation. The drivers and owners of diplomatic vehicles shall assume corresponding liabilities in accordance with the law, and, where casualties or property losses are caused, the disposition of the cases shall be completed before the relevant parties leave China.
(5) The traffic administrative departments of public security organs shall notify the Ministry of Foreign Affairs of the violations of road traffic safety laws, accumulative points and information on traffic accidents related to diplomatic vehicles and their drivers.
Article 14 The relevant competent departments shall guarantee in accordance with the law the diplomatic privileges and immunities related to embassies, embassy personnel and their diplomatic vehicles, and facilitate the handling of affairs related to diplomatic vehicles by embassies and their personnel. Vehicle owners and drivers shall abide by Chinese laws, regulations and rules.
(1) The relevant competent departments shall ensure that the embassy personnel and their spouses and minor children living together with them are protected from personal infringement, arrest or detention. Diplomatic vehicles shall not be searched, expropriated, seized or enforced.
(2) Where the drivers of diplomatic vehicles who enjoy privileges and immunities violate road traffic safety laws, regulations or rules, the following measures may apply in accordance with the law:
(a) Checking the drivers' certificates and motor vehicle license plates.
(b) Investigating and questioning the drivers.
(c) Warning, fining, temporarily detaining or revoking the driving licenses.
(d) Detaining the motor vehicle driving licenses, keeping drivers' accumulative points, stopping the use of driving licenses, dragging the motor vehicles, and announcing the invalidation of the license plates of diplomatic vehicles.
(e) Inspecting the content of alcohol and the controlled psychotropic or narcotic drugs in the drivers' bodies. Those who are suspected of seriously threatening themselves or endangering public safety may be subject to temporary restrictive measures when necessary to restrict them until they no longer have the danger of endangering themselves and public safety.
(3) Diplomatic vehicles shall receive corresponding inspection and identification for the need of handling traffic accidents.
Article 15 Under any of the following circumstances, the Ministry of Foreign Affairs will negotiate with the relevant embassiy and may suspend the acceptance of the applications filed by the embassies and their personnel for undergoing the relevant formalities for diplomatic vehicles and the refund of tax on the fuel of the diplomatic vehicles owned by the embassies and their personnel.
(1) The information on the changes of information on diplomatic vehicles under the name of the embassy or the personnel thereof fail to be filed with the relevant competent departments during specified periods.
(2) The embassy and the personnel thereof or their spouses living together with them are suspected of any violations of traffic laws on diplomatic vehicles, and refuse to accept the handling thereof.
(3) Tax in arrears fail to be paid as required when the ownerships of diplomatic vehicles change.
(4) The embassy fails to effectively perform its supervision and administration responsibilities when the handling of relevant formalities for diplomatic vehicles fail to be completed upon the expiry of the terms of office of the owners of diplomatic vehicles.
(5) The drivers of diplomatic vehicles are suspected of dangerous driving or traffic offenses.
(6) The embassy or the personnel thereof are suspected of illegally transferring, renting or lending or smuggling diplomatic vehicles.
(7) Compulsory traffic accident liability insurance for motor vehicles and the commercial third-party liability insurance with the insured amount of not less than 1 million yuan fail to be purchased for diplomatic vehicles under the names of the embassy or the personnel thereof.
(8) Motor vehicles under the names of the embassy or the personnel thereof fail to be subject to regular inspections as required in multiple quantity or multiple times.
(9) The embassy fails to perform its supervision and administration responsibilities when the drivers of non-diplomatic vehicles that drive diplomatic vehicles or diplomatic vehicles are found involved in other severe violations of laws.
(10) When the quota of the diplomatic vehicles under the names of the embassy or the personnel thereof exceed the relevant requirements, the embassy or the personnel thereof fail to undergo the formalities for the change, transfer, scrapping or transport out of the territory of China of the diplomatic vehicles in a timely manner.
(11) The compulsory scrapping of the diplomatic vehicles that meet the compulsory scrapping standards is refused.
(12) The owners of diplomatic vehicles refuse to scrap or transport out of the territory of China diplomatic vehicles when the diplomatic vehicles that exceed the emission standards still fail to reach the standards upon maintenance.
(13) The embassy fails to conduct the orderly administration of diplomatic vehicles and drivers of diplomatic vehicles, causing other illegal acts or serious adverse effects.
Article 16 Under any of the following circumstances, the Ministry of Foreign Affairs may notify the relevant embassy or embassy personnel to change, transfer, scrap or transport out of the territory of China diplomatic vehicles during specified periods. If the relevant matter for a diplomatic vehicle still fails to be handled upon expiry of a specified period, the Ministry of Foreign Affairs shall notify the traffic administrative department of the public security organ, and the traffic administrative department of the public security organ may announce the invalidation of the license plate of the diplomatic vehicle. Where a vehicle hangs a license plate of a diplomatic vehicle that has been announced invalidated, the traffic administrative department of the public security organ shall detain the vehicle and withdraw the vehicle license plate, and notify the owner of the vehicle or the embassy to which the vehicle belongs to drag the motor vehicle and undergo the relevant disposition formalities. Where a vehicle enters China by smuggling upon verification, the Customs shall handle it in accordance with the law:
(1) The circumstances as prescribed in Article 9 of these Measures. Where a vehicle owner that falls under the circumstance of item (3) or (4) of Article 9 is an embassy person, no diplomatic vehicle may be registered under his or her name during his or her term of office.
(2) Diplomatic vehicles have reached the standards for compulsory scrapping of motor vehicles as prescribed by laws, regulations or rules.
Article 17 The relevant competent departments shall have the right to administer diplomatic vehicles under the principle of reciprocity.
Article 18 The vehicles of representative offices in China of international organizations, international organizations in China and their personnel, and consulates in China and their personnel shall be administered by the Ministry of Foreign Affairs in conjunction with the relevant competent departments.
(1) These Measures shall apply, mutatis mutandis, to the administration of the vehicles of representative offices in China of international organizations and international organizations in China and their international employees in accordance with the relevant international conventions to which China has acceded and the agreements signed between China and relevant international organizations.
License plates of diplomatic vehicles shall not be issued to the vehicles for the personal use by the employees of Chinese nationality of representative offices in China of international organizations and international organizations in China.
(2) These Measures shall apply, mutatis mutandis, to the administration of the vehicles of foreign countries' consulates in China and consular officers and administrative and technical personnel in accordance with the Regulation of the People's Republic of China on Consular Privileges and Immunities and the relevant bilateral agreements.
Article 19 The power to interpret these Measures shall remain with the Ministry of Foreign Affairs in conjunction with the Ministry of Public Security, the General Administration of Customs and the State Administration of Taxation.
Article 20 These Measures shall come into force on the date of issuance, and be revised and adjusted at appropriate time in light of actual circumstances.
Ministry of Foreign Affairs
Ministry of Public Security
General Administration of Customs
State Administration of Taxation
January 1, 2017