Department Of Transportation Decision On The Amendment Of The Internal Regulations On The Administration Of Water Transport

Original Language Title: 交通运输部关于修改《国内水路运输管理规定》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201506/20150600399681.shtml

  The modification of internal waterways transport regulations, the decision has been adopted by the 6th Ministerial Conference on May 8, 2015, are hereby promulgated.

May 12, 2015 Ministry of transport decisions on amending domestic regulations on the administration of water transport Ministry of transport decisions on the internal regulations on the administration of water transport (Ministry of transport of the 2014 2nd) as follows: first, the tenth "(ii) the business license of the enterprise with foreign investment" to delete. Second article 35th, for "with permission of Department according to the domestic water transport situation, deciding whether to allow foreign-funded enterprises engaged in domestic sea transport.

"The provision number is adjusted accordingly.

This decision May 12, 2015.

The internal regulations on administration of waterway transportation under this decision be amended accordingly and publish it again.

Internal waterway transport regulations (January 3, 2014 Department of transportation released May 12, 2015, the Ministry of transport on adaptation of the domestic waterway transportation decision amendments to regulations) Chapter I General provisions article to regulate the domestic waterway transportation market management, maintenance of waterway transport operations the legitimate rights and interests of the parties and promoting healthy development of water transport, according to the domestic water transport management Ordinance enacted in this regulation.

Domestic waterway transportation management application of the provisions of article.

Water transport in these rules, refers to the port of departure, port and port of destination in the People's Republic of China used in navigable waters under the jurisdiction of ships engaged in operating passenger transport and freight transport.

Third sea transport by business area is divided into coastal and inland transport, according to business types are divided into cargo and passenger transport. Goods transport is divided into general cargo transport and the transport of dangerous goods. The transport of dangerous goods are divided into packaging, solid and liquid bulk transport of dangerous goods in bulk. Liquid bulk transport of dangerous goods including liquefied gas transport, chemical tanker shipping transport, shipping of refined oil products and crude oil.

General cargo transport includes towing.

Passenger transport including regular passenger transport, passenger and freight transport ships and ro-ro passenger ships.

Fourth national waterways management, head of transport, and in accordance with the implementation of work related to the administration of water transport. 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 (hereinafter referred to as water transport management) implementation management of water transport.

Chapter II section fifth sea transport operators operating waterway transport operations, in addition to individuals engaged in inland goods transport operations, the applicant shall comply with the following conditions: (a) have the status of enterprise legal persons. (Ii) has a clear scope, including regional and business types.

Operating the waterway passenger liner service, should also have schedules, frequency and the proposed docking flights operating from Terminal arrangement feasible plan.

(C) is consistent with the requirements of the ship, and own-ship capacity shall meet the requirements of annex 1.

(D) comply with the requirements of the shipping technical management personnel.

(E) meets the requirements of these provisions and their conclusion of labour contracts officer directly.

(Vi) have a sound safety management agency staffing establishment and safety management systems, safety management systems, safety supervision and inspection system, emergency disposal system, job safety, operating procedures and other safety management system.

Sixth article personal only application business River General goods transport business, and should meet following conditions: (a) by business administration sector registration of individual industrial and commercial households; (ii) has meet this provides requirements of ship, and owned ship capacity not over 600 total tons; (three) has security management responsibility system, and security supervision check system, and accident emergency disposal system, and post security operation, security management system. Seventh sea transport operators operating the ships shall comply with the following conditions: (a) compatible with the scope of waterway transport operators.

Engaged in passenger transport of, should using General passenger, and van ship and roll loaded passenger (collectively for passenger) transport; engaged in bulk liquid dangerous goods transport of, should using liquefied petroleum gas body ship, and chemicals ship, and oil ship and crude oil ship (collectively for dangerous goods ship) transport; engaged in general goods transport, and packaging dangerous goods transport and bulk solid dangerous goods transport of, can using general cargo transport.

(B) in possession of a valid ship ownership registration certificate, certificate of nationality of the ship, ship inspection certificate and in accordance with the relevant laws and administrative regulations that the ship complied with safety and pollution prevention and into other certificate-level testing requirements.

(C) in line with the Ministry of transport on ship technology standard, old as well as the requirements of energy saving and emission reduction.

Eighth article except individual industrial and commercial households outside, waterway transport operators should equipped with meet following requirements of full-time sea works, and locomotive management personnel: (a) sea works, and locomotive management personnel number meet annex 2 of requirements; (ii) sea works, and locomotive management personnel of practitioners qualifications with business range phase adapted: 1. Business General cargo transport of, should has not below mate, and bassoon round of practitioners qualifications; 2. business passenger, and dangerous goods ship transport of, should has captain, and turbine long of practitioners qualifications.

(C) shipping technical management personnel's knowledge and management capacity commensurate with the scope of its operations, physical conditions and adapt to the call of duty.

Nineth among individual things, sea transport operators shall be equipped with the officer in accordance with the relevant provisions, instead of directly above one year labor contract officers should meet the following requirements: (a) operating general cargo transport, the proportion of officers not less than 25%, (ii) operation of passenger ships, dangerous goods shipping, officers no less than 50%.

Tenth Ministry of transport following sea transport business licenses: (a) the interprovincial transport of passenger vessels, provincial dangerous goods for transport business license, (ii) State-owned assets supervision and administration bodies to carry out the responsibilities of investor waterway transport enterprises and their holdings of the company's operating license. Provincial administration of waterway transportation sector specific interprovincial conventional ship transportation license. Waterways license specific permissions within the province by the provincial Transportation Department, announced to the public.

Individuals engaged in inland provinces, provincial operating permits from the transport of goods in General District of the municipal people's Government, the administration of water transport sector-specific implementation.

Section 11th for business or change of business scope of water transport of water transport, should be set to the local district of the municipal people's Government, the administration of water transport departments submit an application and that the applicant is in line with the requirements of the relevant material.

12th accepting applications for the administration of water transport sector does not have the permissions, verifying on the spot application of originals and copies of the content agreed upon in preliminary review comments within 5 working days and will report all application materials to the permissions Department. 13th article with permission of Department, to meet the conditions, and shall make a decision within 20 working days, of the internal waterway transport operators permit issued to the applicant and to its operating business of a ship allotted to the transportation certificate. Apply for operating the waterway passenger liner service, and the liner operating licenses should be issued to the applicant.

Does not meet the criteria of, not to permit and notify the applicant in writing reasons for disapproval.

The domestic waterway transportation license and of the shipping business transport permits shall be issued through the national waterway transportation administration management information system, and the progressive realization of administrative license online.

Article 14th unless acquisition or rental of the corresponding waterborne transport system operation has been made outside the ship in sea transport operators added capacity passenger vessels and dangerous goods shall be subject to the seat of the municipal people's Government, the administration of water transport departments to apply to the permissions Department. With permission of Department according to the traffic capacity demand and supply of new aircraft application be reviewed.

According to the number of transport supply and demand need to add capacity to limit, according to the operator's operation, management, safety records, credit records, and so on, open competitive licensing decisions.

Waterway transport operators add new general cargo capacity, shall, within 15 working days after the ship began to build seat area of the municipal people's Government, the administration of water Transport Department.

15th Ministry of transport in particular passenger liner and bulk liquid dangerous goods transport routes, waters capacity oversupply situation may affect fair competition and security of waterway transport case, decided to suspend passenger liner to a specific route, water transport and the transport of bulk liquid dangerous goods released capacity permits.

During the moratorium on new capacity license, no license for suspension of added capacity in the context of the application, to apply for operating ships shall not be dispensed of the shipping service transport licence, but has been made before the commencement of the moratorium added capacity approved and have started other than construction, acquisition or rental of ships.

16th Ministry of transport to monitor the waterway transport market, analysis of transportation capacity of the waterway transport market, regularly published monitoring results.

For a specific passenger liner and bulk liquid dangerous goods transport routes, waters's decision to suspend new capacity license shall be made according to market monitoring and analysis of results of water transport.

Adopt a moratorium on new capacity license capacity measures should conform to the principles of openness, fairness and justice, and in the 60 days before starting to society announcements, justification for taking measures as well as measures to the scope, duration and so on. 17th the domestic waterway transportation operating license is valid for 5 years. Of the shipping service transport licence validity period determined in accordance with the relevant provisions of the Ministry of transport. Waterway transport operators shall before the expiry date of the document to the licensing authority within the 30th of the replacement application.

Original licensing authority should be reviewed in accordance with these provisions, eligible, be renewed.

18th article occurred following situation Hou, waterway transport operators should in 15 a days within to written form to original license organ record, and provides related proved material: (a) statutory representative people or main shareholders occurred changes; (ii) fixed of Office places occurred changes; (three) sea works, and locomotive management personnel occurred changes; (four) and its directly made one years above labor contract of senior crew of proportion occurred changes; (five) business of ship occurred major above security accident;
(F) ship management companies commissioned by change or change management entrustment agreement.

19th sea transport operator terminates its operation shall, within 15 working days from the date of the termination of the original licensing authority for cancellation procedures, return the license.

Of the shipping service transport licence has been made of ship scrapping, transfer or change operators shall, within 15 working days from the date of the above to the licensing authorities of the shipping service transport licence cancellation and alteration procedures.

Chapter III operation of water transport 20th sea transport operators shall maintain appropriate operating qualifications, in accordance with the scope of business approved in domestic sea transport business engaged in water transportation business activities.

Has qualified as a provincial waterway transport operators waterway transport operators and shipping, rely on provincial waterways transport operators qualified to practise the corresponding types of waterways in the province, except for the passenger liner.

Coastal water transport has been achieved qualification of waterway transport operators and ship, in the case of sailing conditions are met, by coastal waterway transport operators qualified to practise the corresponding types of inland waterway transport.

21st sea-transport operator may not rent, lend water transport business license, or in any other form of illegal transfers of operation of water transport. 22nd ships engaged in sea transport service transport licence shall carry on board the ship, may not be transferred, leased, lent or altered.

Of the shipping service transport licence is lost or damaged, the original allotment authority to apply for a replacement in a timely manner.

23rd sea transport business operators should be in accordance with the marine transportation certificate of calibration of passenger carrying capacity, loading of quota and business engaged in passenger and goods transport, shall not be overloaded.

Waterway transport operators using the passenger-cargo ship or when a ro-ro passenger ships carrying dangerous goods may not carry passengers, but escort with the ships cargo in accordance with the relevant provisions of the staff and roll except for the driver of a vehicle.

24th sea transport operators shall not be refitted passenger ships, dangerous goods ships increased passenger carrying capacity, loading of quota or change the transport of bulk liquid dangerous goods categories.

25th sea transport operators should use standardized, consistent with the relevant laws and regulations and the provisions of the Ministry of transport tickets and transportation documents. 26th waterway passenger transport business operators shall refuse to carry the national dangerous goods and other prohibited items the passenger boat.

Ship to sail to find passengers carry on board dangerous goods and other prohibited items, shall be disposed of, the passenger shall cooperate.

27th sea-passenger liner service operators should be made in liner operating license within 60 days from the date of departure, and 15 days before the departure, through the media and the route the passenger dock site is visible to the public using ships, regularity, frequency, fare and other information, while the original license record. Passenger liner in accordance with published schedules, flight operation. Change of schedules, flight fares, and waterway passenger liner service operators should be changed before the 15th to the public, and reported to the original the license record.

Ceased to operate some or all liner services, managers should stop operating before the 30th to the public, and reported to the original the license record.

28th sea cargo liner service operators must in the liner to sail before 7th order publicize the use of ships, as well as time, frequency and tariff, and reported to the original the license record.

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 shipping route, sea cargo liner service operators should be changed or ceases to carry on the 7th to the public, and reported to the original the license record.

29th waterway passenger transport operators should be based on published fares sale tickets shall not be imposed in different fares for the same conditions, shall not be tying, cashback, charges or other improper means to change published fares and to Obtain improper benefits shall not be less than ticket containing the cabin class passengers or seats.

30th sea transport operators engaged in sea transport operations shall operate, being honest and trustworthy, against steep tariffs or other improper, irregularities vie for customers, sourcing and providing transportation services.

Waterway passenger transport service operators to attract visitors to post information, must be true and accurate, and shall not make false propaganda, misleading passengers, travellers on business activity known in the personal information should be kept confidential.

31st article waterway passenger transport business operators should on transport service in the of following matters, to express of way to passenger made description or warning: (a) not suitable ride passenger of groups; (ii) right using related facilities, and equipment of method; (three) necessary of security prevention and emergency measures; (four) not to passenger open of business, and service places and facilities, and equipment; (five) may endanger passenger personal, and property security of other case.

32nd sea transport operator shall, in accordance with laws, administrative regulations and the relevant provisions of the State, priority shipping supplies needed for emergencies, equipment, tools, emergency rescue and endangered by emergency personnel, provide urgent and important military transportation.

Waterway transport operators should be subject to Transportation Department on the unified organization of the emergency transport coordination relating to goods, in accordance with requirements, on time transportation.

Waterway transport operators shall be established in accordance with the requirements of transport authorities, transport security plans, and the establishment of emergency transport, military, and emergency transport capacity reserve.

33rd sea-transport operator shall be submitted in accordance with national statistics business statistics.

The fourth chapter of enterprises with foreign investment and special provisions for vessels of foreign nationality of article 34th applications for foreign-invested enterprises engaged in sea transport, in addition to meeting the qualification requirements specified in article fifth, shall comply with the following conditions: (a) operate within the domestic water transport operators are unable to meet the demand, (ii) should have good performance and engaged in sea transport business operation records.

  35th permission Department in accordance with domestic water transport situation, deciding whether to allow foreign-funded enterprises engaged in domestic sea transport. Approved made sea transport business licenses of enterprises with foreign investment foreign investors or foreign investment shares and other items change, it should be reported to the original approval of the licensing authority.

Original licensing authority found that foreign-invested enterprises are no longer meets the requirements of these provisions, shall withdraw its water transportation business qualification.

Article 36th meets the following situations and approved by the Ministry of transport, waterway transport operators can hire vessels of foreign nationality in People's Republic of China ports in not more than two consecutive voyages or the period 30th to temporary transport: (a) does not meet the transportation requirements for vessels; (b) port of call or for open ports or waters. 37th leased foreign vessels engaged in temporary transport of waterway transport operators shall submit applications to the Ministry of transport, transport contract, intending to use the foreign ships and ship registration certificate and ship inspection certificates and other relevant certificates and be able to demonstrate compliance with the provisions under the circumstance of the related materials.

Application shall state the reasons for applying, carriage of goods, transport voyage duration, dock or port. The Ministry of transport and shall, within 20 working days from the date of acceptance of the application, to review the application.

To meet the required conditions, making licensing decisions and licensing documents do not meet the conditions, not to permit and notify the applicant in writing reasons for disapproval. 

38th temporary engaged in water transport vessels of foreign nationality shall comply with the relevant provisions of the administration of water transport, in accordance with the approved scope and duration of transport.

Fifth chapter of supervision and inspection article 39th Ministry of transport and water management departments in accordance with the relevant laws and regulations and the provisions on market supervision and inspection of water transport.

40th on the waterway transport market supervision and inspection, you can take the following measures: (a) to water transport operators to understand the situation, and invited to provide the relevant documents, files, and other related materials.

(B) suspected of illegal contracts, bills, books to read, copy and other information.

(C) entering the waterway transport operator sites, ships engaged in business activities in the field to understand the situation.

Business operators shall cooperate with the supervision and inspection of water transport, provide truthful information about vouchers, documents and other relevant information.

41st waterway transportation administration law implementation supervision and inspection on the waterway transport market known in the units under inspection business secrets and the confidentiality of personal information according to law. Conduct supervision and inspection of the 42nd article should be recorded on the spot supervision and inspection time, content, results, and together with the unit or individual under inspection to sign badge.

Units or individuals not to sign the name of examination, supervision and inspection personnel and reasons of not signing shall be indicated.

43rd Administration found in the supervision and inspection of water transport sea transport operators does not comply with the requirements of the qualification criteria, shall order the rectification, rectification after the end of the term to the operators, and reviewed the rectification, rectification is qualified and made conclusions. Qualification improvement for the capacity to scale up the business term not longer than 6 months, other circumstances the time limit for rectification shall not exceed 3 months.

Waterway transport operators during the rectification had began to build ships can be completed but not yet accounted for in the own-ship capacity.

44th sea transport management departments should establish and improve the waterways market integrity supervision and management mechanism and service quality evaluation system establishment of water transport operators in good faith files, record sea transport operators and employees of credit information, supervision and examination results announced to the public on a regular basis and the Manager of the credit file.

Management of water transport illegal business social supervision of water transport mechanisms should be established, published complaints telephone, e-mail, handling of complaint information in a timely manner. The administration of water transport in the supervision and inspection departments shall be discovered or reported violation of undertakings to handle complaints and handling, security incidents are recorded in the credit file. Violation of gravity may affect the business qualifications, prompts warnings of the operators.

Does not meet the qualifications, in accordance with the provisions of the present article 43rd.
45th waterway transport authorities should establish contacts with the local maritime administration mechanism, in accordance with the requirements of the domestic regulations on administration of waterway transportation, the shipping business transport permits identification of follow-up work, qualification of waterway transport operators remain in the administrative area of the local maritime administration.

The maritime administrative agency on the sea transport ship over major security incidents should be and concluding observations and timely written notice to the operator of the ship is located districts, the municipal people's Government, the administration of water transport sector.

Management of water transport sector should be included in the waterway transport operators, file integrity.

Sixth chapter legal liability article 46th waterway transport operators is not in accordance with this rule, at sea, supplies, maintenance managers, by their local people's Governments above the county level administration of waterway transportation Department ordered corrective action and fines of between 10,000 yuan and 30,000 yuan.

47th sea transport operators or their ships within the prescribed time, corrective action still does not comply with the requirements of the business qualifications, by the people's Governments above the county level administration of waterway transportation Department reported to the original licensing authority to revoke its business license or shipping documents.

48th ships engaged in operation of water transport beyond the range of the shipping business transport permits approved, or refitted passenger ships, dangerous goods ships increasing the carrying capacity of the shipping service transport licence approved quotas, cargo type of fixed or changes in liquid bulk transport of dangerous goods, in accordance with the domestic waterway transportation of 34th article of the regulations shall be punished.

49th article waterway transport operators violation this provides, has following behavior one of of, by its location County above Government waterway transport management sector ordered corrected, at 2000 Yuan above 10,000 yuan following of fine; one years within cumulative three times above violation of, at 10,000 yuan above 30,000 yuan following of fine: (a) not perform record obligations; (ii) not to announced of fare or disguised change announced of fare sales ticket; (three) for false publicity, misleading passenger or checked people;

(D) improper or irregular acts compete for customers, sourcing and providing transportation services disrupted the market order, (e) the use of transport documents do not comply with the relevant requirements.

50th sea transport operators refuse management departments in accordance with the provisions of the inspection or to hide the information or false claim and skimming the situation, by the people's Governments above the county level administration of waterway transportation Department warning, and a fine of less than 2000 Yuan and 10,000 yuan.

51st in violation of the provisions of the other regulations shall be punished in accordance with the domestic implementation of the regulations on administration of waterway transportation.

Seventh chapter supplementary articles article 52nd this provision defines the following terms: (a) whether the ship, refers to the waterway transport operators, ship ownership registration to the operator and ownership the ownership shares of the operator of a ship of not less than 51%.

(B) the liner, refers to a fixed port available to the public according to a predetermined schedule for passenger and goods transport services business activities.

53rd water transport industry organizations lawfully established in accordance with the laws, administrative regulations and the provisions of the Constitution, setting industry standards and service standards, professional ethics education and professional training organizations, management and quality of service to its members for self-discipline management. Water transport industry organizations can establish trade credit supervision and constraint mechanism, improve the level of honesty.

Member to law-abiding business, honesty and credit in China and may be given commendations and awards.

54th China and Hong Kong S.A.R., and Macau S.A.R., as well as the Mainland and Taiwan water transport between regions, does not apply to these regulations.

Hong Kong S.A.R., and Macau S.A.R. registry of ships temporarily engaged in transport between ports in the Mainland into Taiwan in the registry of ships temporarily engaged in transport between the port city, with reference to relevant provisions these provisions shall apply to vessels of foreign nationality.

55th 12 passengers to the following passenger transportation, Township passenger ferry transportation, as well as with the outside world are not navigable Park, closed scenic water passenger transportation within these rules do not apply. 56th article of the regulations come into force on March 1, 2014. May 26, 2008 the Ministry of transport and Ministry of transport can make domestic waterway transportation published in 2008 of 2nd qualification management regulations, traffic, on September 22, 1987 (87) Jiaohe No. 680 of the text published on March 6, 1998, the water (1998), 107th, modifying, June 4, 2009 the Ministry of transport and the Ministry of transport, 2009 6th amended implementing rules of the regulations on administration of waterway transportation, and

Traffic, traffic, September 28, 1990 1990 of 22nd release, 2009 2009 7th modification of the Ministry of transport of the waterways in violation of penal provisions of the repealed simultaneously.