People's Republic of China promulgated by Decree No. 625
Of the domestic water transport regulations of the Executive meeting of the State Council on September 26, 2012 No. 218 passed, are hereby promulgated and, as of January 1, 2013.
Prime Minister Wen Jiabao
October 13, 2012 domestic regulations on administration of waterway transportation
Chapter I General provisions article in order to regulate the domestic water transport operations, maintenance of internal waterway transport market order, protection of domestic waterways transportation security, promote the healthy development of the domestic waterway transportation, this Ordinance is enacted.
Article engaged in domestic water transport and sea transport operations shall be subject to the regulations.
Domestic waterways mentioned in these regulations (hereinafter waterways), refers to the port of departure, port and port of destination in the People's Republic of China operating in navigable waters under the jurisdiction of the passenger transport and freight transport.
Waterway transport operations mentioned in these regulations refers to directly provide services for water transport ship management, ship agents, carriage of passengers by waterway and sea cargo transportation agents, and other business activities.
State shall encourage and protect fair competition in the market of water transport, prohibition of monopolies and unfair competition acts.
Country economic and technology policy measures, support and encourage operators to implement large-scale, intensive management of water transport, promoting water transport industry structure adjustment, support and encourage water transport operators to adopt advanced and applicable water transportation equipment and technology to ensure transport safety, promote energy conservation and reduce pollutant emissions.
Countries protect the legitimate rights and interests of waterway transport operators, passengers, and cargo.
Fourth the Transportation Department responsible for the administration of water transport nationwide. Local people's Governments at or above the county level transportation departments of the administrative management of water transport.
Local people's Governments at or above the county level shall be responsible for the administration of water transport departments or agencies (hereafter referred to as the Department responsible for the administration of water transport) to undertake the management of water transport under the Ordinance.
Article fifth sea transport and ancillary operations, shall comply with laws, regulations, honest and trustworthy.
State transportation departments and is responsible for the administration of water transport departments shall supervise and administer the waterway transport market, of waterway transport and auxiliary business of punishment over illegal business activities and established managers ' integrity management system, announced to the public supervision and inspection in a timely manner.
Chapter II water transport operators
Sixth section engaged in water transport business, in addition to the provisions of section seventh case, the applicant shall meet the following conditions:
(A) meet the corporate requirements;
(B) in accordance with the provisions of section 13th ship, and owned the vessel capacity in compliance with the provisions of the Transport Department;
(C) have a clear scope, among which operate waterways passenger liner service, should also be a feasible route operational plans;
(D) its application scope capacity adapted to the shipping and ship management personnel;
(E) the labor contracts with its direct proportion of the crew's officer in compliance with the provisions of the Transport Department;
(F) improve the safety management system;
(VII) other conditions stipulated by laws and administrative regulations.
Seventh individual can apply for operating inland goods transport operations.
Application of inland goods transport operations, should be subject to this Ordinance, article 13th a tonnage not exceeding the Transportation Department require ships of its own, and should be subject to this Ordinance, article sixth sixth item, the conditions laid down in the seventh.
Article eighth waterway transport operations, should be in accordance with the Transportation Department under the State Council, State transportation departments or districts of the local people's Governments above city level are responsible for the administration of water Transport Department for approval.
Apply for operating the waterway transport operations shall forward the departments responsible for approval submitted under paragraph application and that the applicant is in compliance with these regulations article sixth or seventh requirements of related material. Responsible for the examination and approval Department shall review within 30 working days from the date of acceptance of the application is completed, to approve the permit or not permit decisions.
License issued to sea transport business license, and to put into operation operation of a ship allotted to applicants documents; no permission, and shall notify the applicant in writing and state the reasons.
Make sea transport business license, water transport business license after you register with the industrial and commercial administration authorities according to law, before engaging in the operation of water transport.
Nineth levels of Transportation Department of waterway transportation markets statistics and survey work, released to public water transport capacity supply and demand conditions in the market on a regular basis.
Tenth to ensure water transport safety, maintaining the order of fair competition in the market of water transport, transportation departments under the State Council according to the waterway transport market monitor, decide on a specific passenger liner and bulk liquid dangerous goods transport routes, waters paused added capacity permits.
Capacity control measures provided for in the preceding paragraph, shall comply with the principles of openness, fairness and justice, in the beginning 60 days before the public announcement of the implementation of, and justification for taking measures as well as measures to the scope, duration and so on.
11th foreign enterprises and other economic organizations and individuals may engage in waterway transport operations, nor to hire ships or means of accommodation engaged in water transportation services.
Hong Kong S.A.R., and Macau S.A.R. and Taiwan enterprises, other economic organizations, as well as a personal reference to the provisions of the preceding paragraph shall apply, except as otherwise provided by the State Council.
12th in accordance with this Ordinance authorized by waterway transport operator terminates its operation shall, within 15 working days from the date of the termination of the original licensing authority for cancellation of permission procedures, returned to the sea transport business license.
13th sea transport operators operating the ships shall comply with the following conditions:
(A) compatible with the operator's business;
(B) obtain a valid ship's registration certificate and a certificate of inspection;
(C) in compliance with the Transport Department on ship technology standards and age requirements;
(D) other conditions stipulated by laws and administrative regulations.
14th waterways new ships into service by the transport operator shall use water transport business license certificate, the vessel registration certificate and a certificate of inspection to the State Transportation Department or, above the level of the district people's Government is responsible for the administration of water transport sector to receive shipping documents.
Engaged in the operation of water transport operation of a ship shall carry on Board documents. The maritime administrative agency for ships entering and leaving Hong Kong, you should review the operation of the ship documents. Does not provide a valid shipping document, or for their visa, and should notify the port is located shall be responsible for the administration of water transport sector.
Port is located shall be responsible for the administration of water Transport Department upon receipt of such notification shall be made within 24 hours and will notify the maritime administration. 15th article national according to guarantees transport security, and protection water environment, and save energy, and improve channel and navigation facilities using efficiency of needs, developed and implementation new of ship type technology standard Shi, on is using of not meet new standard but meet original standard and not reached provides scrap age of ship, can take funds subsidies, measures, guide, and encourages waterway transport operators for update, and transformation; need forced ahead of scrap of, should on ship all give compensation.
Specific measures by the Department of transportation under the State Council in conjunction with the financial sector. 16th sea transport operators not to use foreign vessels engaged in water transportation services.
However, in the country failed to meet the transport requirements of the application in the ships, and ship ports of call or open port or the waters case, licensed by the Transport Department under the State Council, waterway transport operators in the Transportation Department specified period or voyage, temporary use of foreign shipping.
Hong Kong S.A.R., and Macau S.A.R., and Taiwan region registry of ships, mutatis mutandis, the provisions of this Ordinance with respect to vessels of foreign nationality, except as otherwise provided by the State Council.
Chapter III operation of water transport activities
17th sea transport operators should obtain license within the scope of operation of water transport.
18th sea transport operator complies with the provisions of this regulation should be conditional, qualified crews of ships and ship seaworthy.
Waterway transport ship operator shall, in accordance with the approved passenger carrying capacity or load carrying passengers, goods shall not be overloaded or cargo ships carrying passengers.
19th sea transport operator shall, in accordance with laws, administrative regulations and the transportation departments of the State Council on waterways for passenger and goods transport requirements, quality standards, as well as terms of the contract, for passengers and shippers to provide safe, convenient, quality service, guarantee the safety of passenger and goods transport.
Waterway passenger transport business operator shall insure the passenger ship liability insurance or access to appropriate financial guarantees.
20th sea transport operators, transport of dangerous goods, shall abide by the laws, administrative regulations and the Transport Department on the transport of dangerous goods regulations, using legally obtained the certificate of fitness for the ship dangerous goods, in accordance with the safety specifications for loading and transport to ensure transport safety.
21st passenger liner service operators should be made in liner operating license within 60 days from the date of departure, and published 15 days before the use of sailing ships, regularity, frequency, pricing and other information.
Passenger liner in accordance with published schedules, flight operation; regularity, frequency and rate of changes, should be announced to the public before the 15th; ceased to operate some or all liner shipping, 30th to the public and submitted to the original license record.
22nd cargo liner service operators should be in the liner to sail before the 7th, announce the vessels used, and regularity, frequency and fares.
Cargo liner should be in accordance with the published schedule, running; change schedules, frequency, rate or ceases to carry on part or all of the liner, 7th should be announced to the public.
23rd sea transport operator shall, in accordance with laws, administrative regulations and the relevant provisions of the State, priority shipping the materials needed to respond to emergencies, equipment, tools, emergency rescue and endangered by emergency personnel, provide urgent and important military transportation. When there are urgent transportation needs of people's livelihood, the deployment of State transportation departments under the State Council may require operators to give priority to the transport of water transport emergency transportation of materials needed.
Operators shall require the timely transport of water transport.
24th sea-transport operator shall be in accordance with the laws and administrative regulations shall submit statistical information.
Fourth chapter waterway transport operations
25th transport ship owners, operators may entrust the business of managing operators providing shipping maritime management, maintenance and other services.
Article 26th engaged in the business of managing, the applicant shall meet the following conditions:
(A) meet the corporate requirements;
(B) improve the safety management system;
(C) its application for ship management capacity of maritime, technical management personnel;
(D) other conditions stipulated by laws and administrative regulations.
27th engaged in ship management business, should be divided into districts of local people's Governments above city level are responsible for the administration of water Transport Department for approval.
Apply for operating the business of managing, and should require departments to submit application and that the applicant is in line with the conditions specified in section 26th related material. Department for accepting applications shall, within 30 working days from the date of acceptance of the application review is completed, to approve the permit or not permit decisions.
Be permitted, to ship management business licenses, and transportation departments under the State Council for the record; no permission, and shall notify the applicant in writing and state the reasons.
Made in the business of managing operating license, the ship management business licenses after you register with the industrial and commercial administration authorities according to law, to be engaged in the business of managing.
28th commissioned ship management business operators providing ship management services shall conclude a written contract with the delegates, and will report the maritime administrative agency the contract record.
Ship management business operators shall comply with the relevant national provisions and contract management obligations concerning safety and the prevention of pollution from ships.
29th sea transport operator may appoint a shipping agency, carriage of passengers by waterway, sea cargo transportation business operators, port operations such as Agent ships entering and leaving port procedures, on behalf of the transportation contract, charge d ' affaires passengers, cargo forwarding business, as well as other water transport agency business.
30th the shipping agent and waterway passenger transport business operators shall, within 15 working days from the date of establishment, to the seat of the Municipal Government is responsible for the administration of water Transport Department.
31st the shipping agent and waterway passenger transport agency, waterway transportation agency entrusted to provide proxy services business operators shall conclude a written contract with the delegates, in accordance with the relevant provisions of the State and contract management agency, should not force agents, not for failing to make sea transport business license or beyond the scope of operators to handle business. 32nd article this section 12th, 17th provisions applicable to the management of business operators.
11th and 24th of this Ordinance applies in ship management, ship agency, waterway passenger transport agents and waterway transportation agency business operations.
Transportation departments under the State Council shall, in accordance with the provisions of this Ordinance, the development of waterway transport specific measures for the management of the business.
The fifth chapter legal liability
Article 33rd unauthorized operation or go beyond the scope of business of business or domestic shipping management of water transport, be ordered by the Department responsible for the administration of water transport may cease to operate, confiscate the illegal income and illegal income more than 1 time fined not more than 5 times; no illegal income or the illegal income is less than 30,000 yuan from 30,000 yuan and 150,000 yuan fine.
34th sea transport operators using a ship trading certificates of ship engaged in sea transport, be ordered by the Department responsible for the administration of water transport to the ship to cease operating, confiscate the illegal income and illegal income more than 1 time fined not more than 5 times; no illegal income or the illegal income is less than 20,000 yuan, 20,000 yuan and 100,000 yuan fine.
Not carry on board ships engaged in operation of water transport of shipping documents, ordered corrective action and may be fined not more than 1000 Yuan. 35th article waterway transport operators without state traffic transport competent sector license or beyond license range using outside nationality ship business waterway transport business, or foreign of enterprise, and other economic organization and personal business or to rental in the nationality ship or accommodation, way disguised business waterway transport business of, by is responsible for waterway transport management of sector ordered stop business, confiscated illegal proceeds, and at illegal proceeds 1 time times above 5 times times following of fine; no illegal proceeds or illegal proceeds insufficient 200,000 yuan of,
Fined not more than between 1 million Yuan and 200,000 yuan.
36th article to cheat or bribery, not due means made this Ordinance provides of administrative license of, by original license organ revoked license, at 20,000 yuan above 200,000 yuan following of fine; has illegal proceeds of, confiscated illegal proceeds; state traffic transport competent sector or is responsible for waterway transport management of sector since revoked license of day up 3 years within not accepted its on the items license of application.
37th article rental, and lending, and reselling this Ordinance provides of administrative license documents or to other way illegal transfer this Ordinance provides of administrative license of, by is responsible for waterway transport management of sector ordered corrected, confiscated illegal proceeds, and at illegal proceeds 1 time times above 5 times times following of fine; no illegal proceeds or illegal proceeds insufficient 30,000 yuan of, at 30,000 yuan above 150,000 yuan following of fine; plot serious of, by original license organ revoked corresponding of license documents.
Forging, altering, alter the regulations of administrative permits, confiscated by the Department responsible for the administration of water transport forged, falsified, altered certificates, fines of between 30,000 yuan and 150,000 Yuan; has illegally obtained, confiscation of illicit proceeds.
38th sea transport operators have one of the following circumstances, the maritime administrative agency shall be punished:
(A) was not equipped with a crew or not in accordance with regulations to make the ship seaworthy;
(B) beyond the approved passenger carrying capacity of the ship or the authorized load carriage of passengers or goods;
(C) cargo ships carrying passengers;
(D) without a dangerous goods certificate of fitness for the carriage of dangerous goods by vessels.
39th waterway passenger transport operators not to cover passenger ships of their carrier's liability insurance or access to appropriate financial guarantees from the Department responsible for the administration of water transport a rectification, of less than 20,000 yuan and 100,000 yuan fine fails, the original licensing authority shall revoke the license of the passenger ship ship operation.
40th liner service operators do not publicize in advance the use of ships, regularity, frequency and tariffs or changes, the Department responsible for the administration of water transport shall order rectification, fined not more than 2000 Yuan and 20,000 yuan.
41st liner made passenger liner service operators operating license within 60 days of the date that are not sailing, the Department responsible for the administration of water transport shall order rectification; refuses, by the licensing authority to revoke the license.
42nd sea transport, ship management business operators to obtain permission, no longer meets the licensing conditions specified in these regulations, the Department responsible for the administration of water transport shall order rectification; rectification within the time stipulated in the still not qualified, by the licensing authority to revoke its business license.
Article 43rd staff responsible for the administration of water transport in the administration of water transport activities in abuse of power, negligence, malpractice, not to perform their duties, shall be subject to punishment.
44th in violation of the provisions of this Ordinance, of activities contravening public security management, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles
45th article of up to 12 passengers in passenger ships and township passenger ferry transportation management approach formulated by the people's Governments of provinces, autonomous regions and municipalities separately. 46th article of the regulations come into force on January 1, 2013. May 12, 1987 issued by the State Council of the People's Republic of China administration of waterway transportation Ordinance be repealed simultaneously.
