Department Of Transportation On The Modification Of The People's Republic Of China International Ocean Shipping Rules For The Implementation Of Decision

Original Language Title: 交通运输部关于修改《中华人民共和国国际海运条例实施细则》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201311/20131100393585.shtml

Department of transportation on the modification of the People's Republic of China international ocean shipping rules for the implementation of decision

    (August 29, 2013 the Ministry of transport order [2013] 9th number released come into force on the date of promulgation) Department of transportation decided to the People's Republic of China implementing rules of international shipping regulations read as follows:

    First, the seventh article is revised as follows: "establishment of enterprises engaged in international shipping business in China, or Chinese enterprises engaged in international shipping business, there should be a fixed place of business and necessary business facilities, its senior business managers should have at least 2 people with 3 years experience in international maritime transportation business activities.

    Companies engaged in international shipping agency business, should be place in the 30th after opening documents documents relating to personnel qualifications and to the Department of transportation records.

    Companies engaged in international shipping agency change business information or are no longer engaged in international shipping agency business activities, should information change or cessation of business activities in the 15th, to the Department of transportation for the record. " Second, the article is changed to: "the international ship management operator in the subsidiaries in China-related business, provisions should be consistent with the regulation of maritime transport of Nineth and tenth according to the maritime regulations and the rules for the implementation of the eighth of the regulations to register.

    Registration application documents shall include:

    (A) the application;

    (B) feasibility analysis report;

    (C) the parent company's business registration documents;

    (D) the parent company of the international maritime auxiliary operation qualifications registration certificate copy;

    (V) determines that the subsidiaries of the parent company scope confirmation documents;

    (F) evidence of the business premises;

    (G) the regulation of maritime transport of the Nineth section personnel experience or qualification documents. "

    Three of the article by deleting the 21st, "international shipping agency operators".

    Article 30th four, be modified to: "international liner shipping operators entrusts an agent to accept booking, signed on behalf of the Bill of lading, the collection of freight business, principal-agent should be the operators of international shipping agency established by law".

    Five, by deleting article 33rd. Article VI the 42nd to 41st, and be amended as: "the establishment of foreign-funded enterprises engaged in international shipping business, should seat of enterprise to be established in provinces, autonomous regions and municipal people's Governments Transportation Department submitted to the Ministry of transport in accordance with the rules for the implementation of the seventh article condition of application materials.

    The relevant provinces, autonomous regions and municipalities directly under the Government's Transport Department upon receipt of the full list of these materials shall, within 10 working days within the relevant material and idea to the Ministry of transport. Department of transportation shall receive the report of the above-mentioned information and comments within 30 working days of the date, in accordance with the provisions of the present rules for the implementation of the seventh article review, make a decision to approve or not to approve.

    Approved by decision, approval documents were rejected, shall be notified in writing to the applicant and informed reason. Approved applicants shall take the approval documents of the Ministry of transport, foreign-invested enterprises in accordance with the relevant laws and regulations to the relevant departments for appropriate approval for establishment of foreign invested enterprises.

    After obtaining the corresponding ratification documents, to the Ministry of transport to get the certificate of international shipping agent license registration ".

    Seven, by deleting the 48th, 49th, 50th, 51st. Section eight, the 63rd to 58th, and be amended as: "the liner conference agreement, operation agreement and tariff agreements, international shipping agency managers are not required to register at the Ministry of transport of, by the Department of transportation pursuant to regulation of maritime transport of the 45th of the rules, these rules are the seventh, 32nd record people under sanctions.

    Liner is not required, can be members of the Association shall be punished ".

    In addition, the order, and part of the text of the provision accordingly and modify.

    This decision shall come into force as of the date of.

    People's Republic of China international shipping rules for the implementation of the Ordinance be revised according to this decision, publish it again.

    Attachment: People's Republic of China implementing rules for the regulations on international maritime transportation 2013 (revised) (January 20, 2003, released on August 29, 2013, the Ministry of transport, traffic, [2013] 9th release come into force on the date of promulgation of the Ministry of transport to amend of People's Republic of China International Marine decision to amend the implementing rules of the regulations)

    Chapter I General provisions

    Article in accordance with the People's Republic of China International Ocean Shipping Ordinance (hereinafter referred to as the marine Ordinance) provides that the rules are formulated.

    Second Department of transportation transportation authorities and relevant local people's Government shall, in accordance with the maritime regulations and the provisions of these rules, in accordance with the principles of equity, efficiency, convenience, management of international maritime transport operations and ancillary business activities related to international maritime transport, promoting fair competition, the prohibition of unfair competition.

    Maritime transport article III Ordinance and these rules, the following terms mean:

    (A) international ship transport business, is refers to international ship transport operators using owned or business of ship, and accommodation, provides international sea goods transport and passenger transport service and for completed these service and around its ship, and by contains passenger or goods carried out of related activities, including signed about agreement, and accept set class, and agreed and charged freight, and issued bills of lading and the other related transport single card, and arrangements goods handling, and arrangements custody, and for goods handover, and arrangements transit transport and ship access Hong Kong, activities. (B) international shipping operators, including China international shipping operators and foreign international shipping operators.

    Among them, the China international shipping operators is defined according to the maritime regulations and the provisions of the implementing regulations of the business engaged in international shipping international shipping business of Chinese enterprises and foreign international shipping operators is established under foreign law and management of foreign companies access to Chinese ports and international shipping business.

    (C) the international liner services refers to ships owned or operated by, or in the 14th article of the shipping regulations in the manner prescribed in the third paragraph, between the fixed ports provide the international carriage of goods and passengers by sea on a regular basis.

    (D) non-vessel operating common carrier business, refers to the regulations specified in the seventh article of the maritime transport business, including complete business around its carriage of goods carried out by the following activities:

    (1) to the carrier concluded with a shipper contract for the international carriage of goods;

    (2) the carrier receiving goods, delivery of the goods;

    (3) the issuance of bills of lading or other transport document;

    (4) the charge for shipping and payment for other services;

    (5) to the international shipping operator or operators for the carriage of goods by other modes of transport booking and check;

    (6) pay the freight port to port or other transportation costs;

    (7) LCL container devanning, set;

    (8) other relevant businesses. (E) non-vessel operating common carrier business managers, including Chinese non vessel operating common carrier business operators and operators of foreign non-vessel operating common carrier business.

    Which refers to Chinese non vessel operating common carrier business operators in accordance with the shipping regulations and the provisions of the implementing regulations of Chinese Enterprise non-vessel operating common carrier business management qualifications; foreign non-vessel operating common carrier business operators is established in accordance with foreign law, and in accordance with the shipping regulations and the rules for the implementation of relevant provisions of the port cargo operations in and out of China non-vessel operating common carrier business of the foreign enterprises.

    (F) operators of international shipping agency, is established in accordance with Chinese law in the regulation of maritime transport article 26th China business enterprise.

    (VII) international ship management operator, is in accordance with Chinese law that engages in the 27th article of the ocean shipping business of Chinese enterprises.

    (H) the international marine cargo warehousing business operator, is established in accordance with Chinese laws, provide cargo warehousing, inventory management and goods sorting, repacking, packaging and distribution services for Chinese enterprises.

    (IX) international sea container station and depot operators, is established in accordance with Chinese law, offers a sea cargo container storage, storage, cleaning, repairing, and container cargo storage, consolidation and distribution services for Chinese enterprises.

    (J) the enterprises with foreign investment refers to investment in accordance with Chinese law set up Sino-foreign joint venture enterprise, Chinese-foreign cooperative ventures and solely foreign-funded enterprises.

    (11) the foreign representative offices, refer to foreign enterprises or other economic organizations within the territory of China shall be established, as its agency, advocacy, referral, advisory and liaison activities of non-profit institutions. (12) business registration document, refers to the enterprise registration authority or issued by the authorities of the country in which the enterprise business license or enterprise established by the documents.

    Copies for business registration documents, should have a copy of business registration office on the confirmation or copy with the original line of notarial documents.

    (13) the invoices, is uniformly printed by the State administration of taxation approved bills, it is to prove that the payment to the international shipping operator or his or her agent, non-vessel shipping business operator or his or her agent to pay shipping costs or other costs associated with supporting documents, including the international marine transportation invoice and the international marine shipping agency invoices.

    (14) the liner conference agreement, refers to the United Nations definition of the 1974 Convention on a code of conduct for liner, by liner conferences between members as well as various agreements between liner. (15) operation agreement, is refers to two a or two a above international liner transport operators for stable or control freight made of on in a article or number article route Shang increased or reduced ship capacity agreement, and other coordination international liner transport operators common action of agreement, including has above nature content of Conference summary of; two a or two a above international liner transport operators for improve operation efficiency made of on common using ship, and common using port facilities and he cooperation business agreement and various Union agreement, and

    Joint venture agreement.

    (16) the freight agreement, refers to two or more made between international liner shipping operators regarding fees and rates, freight rates or surcharges such as the content of the agreement, including with the above summary of the content. (17) the published rate, refers to the international liner shipping operators and operators of non-vessel operating common carrier business tariff upload rates as may be prescribed.

    Tariff this tariff, tariff, the carrier and the shipper shall comply with the provisions of such content. (18) the agreement tariff, refers to the international liner shipping operators and shippers, operators of non-vessel operating common carrier business conventions tariffs, including tariffs and related elements.

    Agreement tariff in the form of contract or agreement in writing. (19) experience document, refers to prove to people with more than 3 years experience in international maritime transport and international maritime transport supporting business activity resume.

    Resume subject to notary.

    Chapter operators of international maritime transport and its auxiliary businesses

    Fourth set up companies engaged in international shipping business in China, or Chinese enterprises to apply for international shipping business, shall comply with the conditions provided for in the fifth of the maritime transport, taking into account the competition in the international shipping market, the Transportation Department and national policies on international maritime transport industry development. Ministry of transport shall, in its official website and other appropriate media released as competition in the international shipping market and national policies on international maritime transport industry development.

    The situation and policy not been made public, may not be used as grounds for refusal of the application. Article fifth set up companies engaged in international shipping business in China, or Chinese enterprises to apply for international shipping business, the applicant shall apply to the Ministry of transport, sending related material, application materials should be also reported to local and provincial, autonomous regional and municipal people's Governments and transport authorities.

    Application materials should include:

    (A) the application;

    (B) feasibility analysis, investment agreements;

    (C) the applicant's business registration document (the enterprise to be established, business registration or identification of major investors);

    (D) ownership certificates, certificates of nationality, and legal copies of the inspection certificate or copy;

    (E) sample bills of lading, passenger tickets or multimode transport documents;

    (F) meet the requirements of the Ministry of transport and advanced business management personnel professional qualifications.

    The relevant provinces, autonomous regions and municipality Transport Department upon receipt of such copied materials, related materials should be reviewed comment and shall within 10 working days from the date of receipt of materials the views submitted to the Ministry of transport. Ministry of transport after the application of the applicant, shall, on the date on which the complete application materials are complete in accordance with the regulation of maritime transport within 30 working days from the fifth and sixth article reviewed, approved or disapproved of the decision.

    Decided to permit, issued to the applicant of the international shipping business licenses; decided not to license, shall be notified in writing to the applicant and informed reason. The sixth China international shipping operators in China to set up branches in the territory of, implementing rules for the application of this procedure provided for in article fifth.

    Application materials should include:

    (A) the application;

    (B) feasibility analysis report;

    (C) the parent company's business registration documents;

    (D) the parent company of the international shipping business licenses copies;

    (E) the parent company to the branch business scope confirmation;

    (F) meets the requirements of Department of transportation advanced business management personnel professional qualifications.

    Branches of the China international shipping operators for its parent company owned or operated ships provide ship access to port procedures, arrangements for port operations, accepting booking, issuance of bills of lading, shipping charges and other services.

    Article seventh establish enterprises engaged in international shipping business in China, or Chinese enterprises engaged in international shipping business, there should be a fixed place of business and necessary business facilities, its senior business managers should have at least 2 people with 3 years experience in international maritime transportation business activities.

    Companies engaged in international shipping agency business, should be place in the 30th after opening documents documents relating to personnel qualifications and to the Department of transportation records.

    Companies engaged in international shipping agency change business information or are no longer engaged in international shipping agency business activities, should information change or cessation of business activities in the 15th, to the Transport Ministry.

    Eighth Chinese enterprises applying for international ship management business or establishment of enterprises engaged in international ship management business in China shall be made to the proposed business location of provinces, autonomous regions and municipalities apply to the Transportation Department, application materials should include:

    (A) the application;

    (B) feasibility analysis, investment agreements;

    (C) the applicant's business registration document (the enterprise to be established, business registration or identification of major investors);

    (D) a fixed place of business documents;

    (E) the regulation of maritime transport of the Nineth part (a) provides proof of advanced business management personnel professional qualifications;

    (F) the regulation of maritime transport of the Nineth part (b) of the captain, the Chief Engineer of the person a copy of the certificate of competency. The relevant province, autonomous region or municipality Transport Department upon receipt of the applicant's application materials, shall, on the application within 15 working days from the date of the full list of materials for review. Materials and in accordance with the regulations stipulated in the Nineth of maritime transport conditions, be eligible to be registered, and issue the international maritime auxiliary operation qualifications registration certificate; material untrue or not in compliance with the regulations stipulated in the Nineth of conditions of maritime transport, registration, notify the applicant in writing and inform the reason.

    Applicants holding the international maritime auxiliary operation qualifications registration certificate to the enterprise registration authority for registration, to the tax authorities and the administration of foreign exchange designated banks go through relevant procedures. Nineth international ship management operator in the subsidiaries in China-related business, provisions should be consistent with the regulation of maritime transport of Nineth and tenth according to the maritime regulations and the rules for the implementation of the eighth of the regulations to register.

    Registration application documents shall include:

    (A) the application;

    (B) feasibility analysis report;

    (C) the parent company's business registration documents;

    (D) the parent company of the international maritime auxiliary operation qualifications registration certificate copy;

    (V) determines that the subsidiaries of the parent company scope confirmation documents;

    (F) evidence of the business premises;

    (G) the regulation of maritime transport of the Nineth section personnel experience or qualification documents. Tenth International shipping operators to apply for international liner service operating in and out of Chinese ports, an application shall be submitted to the Department of transportation, and submit the materials specified in section 15th of the ocean shipping. The Ministry of transport shall, in accordance with the provisions of section 15th of the ocean shipping for review. Registration and operation qualifications registration certificate issued by the international liner shipping.

    Application materials are truthful and do not complete, is not registered, shall by notice in writing to the applicant and inform the reason.

    International shipping operator shall obtain the international liner service operating in and out of Chinese ports after the qualification, the Ministry of transport announced on its official website the international liner shipping operator name and Bill of lading format samples. 11th article of non-vessel operating common carrier business manager Bill of lading registration application, Bill of lading registration applications shall be filed with the Ministry of transport, sending related material, and should apply to both the material copied local or foreign non-vessel operating common carrier business contact specified locality of the province, autonomous region and municipality Transport Department.

    Application materials should include:

    (A) the application;

    (B) feasibility analysis report;

    (C) the business registration documents;

    (D) Bill of lading format samples;

    (E) of the margin deposited with a Bank document copies.

    The applicant is a foreign non-vessel operating common carrier business managers, should also be submitted to the 25th article of the implementing regulations of their designated liaison body of related materials.

    The relevant provinces, autonomous regions and municipality Transport Department upon receipt of such copied materials, related materials should be reviewed comment and shall receive a copy of the application within 7 working days from the date the views submitted to the Ministry of transport. Acknowledge receipt of an application by the Ministry of transport material, shall, on the date on which the complete application materials are complete in accordance with the regulation of maritime transport within 15 working days from the seventh and eighth of the regulations for approval.

    Examination, the Bill of lading registration and issuing of the non-vessel operating common carrier business registration license; not qualified, shall notify the parties in writing and told the reason.

    Chinese applicants qualified as a non-vessel operating common carrier business registration certificate, and corresponding to the original registration organ to handle enterprise registration formalities, before engaging in non-vessel operating common carrier business and operational activities. The 12th foreign non-vessel operating common carrier business operators in accordance with foreign law business qualification and legal guarantee of financial responsibility, in accordance with the maritime regulations and these rules apply for access to Chinese ports when non-vessel operating common carrier business, not margin deposited with the Bank of China.

    But in order to ensure that foreign non-vessel operating common carrier business operators pay off because it is not performed the carrier's obligations or improper fulfilment of obligations arising from the debt and the payment of fines, satisfy the provisions of the eighth article of the shipping regulations, the foreign non-vessel operating common carrier business managers of government departments and Chinese Government transport authorities signed an agreement on financial responsibility to ensure implementation. 13th article no in China port carried out international liner transport business, but in China territory contract goods, and issued bills of lading or other transport single card, and charged freight, through rental international liner transport operators ship accommodation provides access China port international goods transport service; or using international liner transport operators provides of extension service, in China port contract goods Hou arrived foreign port transit of, should according to this implementation rules of about provides, made no ship carrier business business qualification.

    But the 14th article of the ocean shipping except in the circumstances prescribed in the third paragraph. 14th Chinese non vessel operating common carrier business operators in China Branch, shall, in accordance with the regulation of maritime transport provisions of article eighth deposit and registration in accordance with the provisions of rule 11th, made of the non-vessel operating common carrier business registration license.

    Application for registration shall submit the following materials:

    (A) the application;

    (B) the parent company's business registration document;

    (C) the parent company of non-vessel operating common carrier business operation qualifications registration certificate copy;

    (D) parent company confirms that the business scope of the branch's endorsement;

    (E) of the margin deposited with a Bank document copies.

    15th non-vessel operating common carrier business operators when you apply for registration of a bill of lading Bill of lading the header name should be consistent with the applicant's name.

    First name of Bill of lading not consistent with the name of the applicant, the applicant shall provide a description of the Bill of lading does for the applicant produced, the use of related materials, carrier liability for the Registration Bill of lading and be accompanied by the applicant's written statement.

    16th non-vessel operating common carrier business operators using two or more bills of lading, bills of lading should be registered.

    International liner shipping operators and operators of non-vessel operating common carrier business registration of the Bill of lading is changed, it should be on the new date of the Bill of lading before 15th new format of bills of lading samples to the Department of transportation for the record.

    17th NVOCC business applicants deposit Bill of lading registration and, after obtaining the qualification of NVOCC business law, the Ministry of transport announced on its official website operators of non-vessel operating common carrier business name and Bill of lading format samples.

    18th non-vessel operating common carrier business operators shall, in the Ministry of transport operator designated non-vessel operating common carrier business of the commercial bank to open special account turned over to save margin, margin interest on demand deposit rate quoted in accordance with the rules of interest. The 19th bond deposited by a non-vessel operating common carrier business operators, subject to state law.

    Except for the following cases, the margin shall not be used:

    (A) for non-vessel operating common carrier business operator fails to perform duties or improper fulfilment of obligations of the carrier, according to the entry into force of the judiciary's judgment or the judicial authorities ruled that enforcement of arbitration awards shall be liable;

    (B) be fined by transportation authorities.

    The preceding paragraph (a), (b) needs to be allocated from the margin, should be carried out according to law. Non-vessel operating common carrier business operators of the deposit does not comply with the Ordinance amount of maritime transport, the Ministry of transport shall be notified in writing of its complement.

    Non-vessel operating common carrier business operators from the date of receipt of the written notification of the Ministry of transport in the 30th was not filled, the Ministry of transport shall, in accordance with the regulation of maritime transport the 13th article cancellation of its license. 20th non-vessel operating common carrier business managers was cancelled by the Ministry of transport in accordance with qualification, application for termination or termination for other reasons, may apply to the Ministry of transport and refund the deposit.

    Ministry of transport of the application should be in its public notice on a Government Web site on 30th. During the publication period, interested parties believe that these rules are non-vessel operating common carrier business operators have the 19th the first paragraph of article (a) need for preservative measure against the deposit should be made within the time limit mentioned above property preservation decisions of the judiciary. From the date of deposit be preserved, the Ministry of transport in accordance with the regulation of maritime transport of margin accounts end of monitoring procedures.

    Relevant disputes resolved by the parties through the judicial process.

    Public notice period is not prescribed in the preceding paragraph, shall be notified to the Ministry of transport security deposit refund bank interest margin and non-vessel operating common carrier business operators, and to collect the non-vessel operating common carrier business operator of the non-vessel operating common carrier business registration license.

    The 21st China international shipping operators, non-vessel operating common carrier business in China Manager, international ship management operator for any of the following circumstances shall be made to the original licensing, registration authorities for the record:

    (A) change of name;

    (B) the relocation;

    (C) change investor;

    (D) closure of business, discontinued operations.

    Change of company name, by the original licensing, registration authorities issue a business license or business qualification registration Enterprise terminates its operation, license, registration certificate should be returned to the original license, registration authority.

    22nd article in addition to the maritime regulations and the rules for the implementation of the fourth chapter of the foreign-invested enterprises, engaged in international marine cargo warehousing, international sea container station and yard business operators shall be from the date it began to engage in such business activities relating to the enterprise within the 30th seat of the province, autonomous region and municipality Transport Department report.

    Chapter of international maritime transport and its supporting business activities

    23rd international liner shipping operators to open or closed for the international liner shipping routes, international liner shipping order, or change, shall, in accordance with the provisions of article 17th of ocean shipping notice on the media specified in the Ministry of transport, and in accordance with the regulations. The 24th China international shipping operators increased operational ships, including the bareboat rental ships increased operation of ships should be 15th prior to the operation to the Department of transportation for the record, achieved record-keeping certification documents.

    Filing shall set forth the company's name, place of registration, name of vessel, the nationality of the ship, ship type, tonnage, intends to operate routes.

    Department of transportation received after the filing and record-keeping certification documents issued shall, within 3 working days. 25th article in China port carried out international liner transport business of foreign international ship transport operators, and in China delegate agent provides access China port international goods transport service of foreign no ship carrier business operators, should in China territory delegate a contact institutions, is responsible for representative the foreign enterprise and China Government about sector on Shipping Ordinance and this implementation rules provides of about management and the legal matters for contact. Liaison bodies are the foreign companies set up in China's foreign-funded enterprises or representative offices, it can contain other China enterprise legal person has permanent residence in China or other economic organizations.

    The liaison body shall be filed with the Ministry of transport of the delegate for the record, and submit the following documents:

    (A) the focal manual, set forth the name of the contact, address, contact details and contacts;

    (B) the copy of the power of attorney or copy;

    (C) the copy of the client agreement with the liaison bodies;

    (D) copies of registration documents of the liaison body.

    Liaison body for the foreign enterprises in China's foreign-funded enterprises or representative offices, do not require the first paragraph of this section (b), (c) file.

    Focal point or focal changes of the matters set forth in the prospectus shall be from the date of change to the Transport Ministry in the 15th.

    26th article of any units and individuals are not allowed to use the international liner shipping operators and non-vessel operating common carrier business operators of registered bills of lading.

    27th non-vessel operating common carrier business operators need Attorney issued a bill of lading or related documents, shall entrust shall obtain qualified international shipping operators, non-vessel operating common carrier business operators and international shipping auxiliary business operator agent above.

    Operators of prescribed in the preceding paragraph shall not accept without Bill of lading registration and deposit of the delegate margin of non-vessel operating common carrier business operators for its agents issued Bill of lading. The 28th International liner shipping operators and shippers and operators of non-vessel operating common carrier business agreement tariff shall be made in writing.

    Agreement tariff numbers should be displayed on the Bill of lading or related documents.

    29th International shipping operator shall not accept without Bill of lading registration and deposit of non-vessel operating common carrier business operators providing goods or containers.

    30th International liner shipping operators entrusts an agent to accept booking, signed on behalf of the Bill of lading, the collection of freight business, delegated agents shall be established according to law and international shipping agency operators. The 31st international liner shipping operators and non-vessel operating common carrier business managers should be within the territory of China shipping agents, agents issued Bill of lading on the media specified in the Ministry of transport announced. Disclosures including the agent's name, place of incorporation, domicile, contact information.

    Agent changes, should be published in the relevant agency before the entry into force of the agreement on 7th above.

    International liner shipping operators, non-vessel operating common carrier business operator shall promptly publish the names to the Ministry of transport of representation of the record.

    32nd International shipping operators involves Chinese ports between liner conference agreement, operation agreement, or freight rate agreement, shall, from the date of the conclusion of the agreement in the 15th, to the Ministry of transport in accordance with the following record: (A) the liner conference agreement, by liner conferences on behalf of their member record all operating in and out of Chinese ports for maritime transport. When the liner for the record shall also provide a list of members of the Association.
    (B) the operating agreement signed between the international shipping operators, or freight rate agreement, enter into agreement by the participants in the international shipping operator record.

    33rd the following operators in China shipping charge, collect freight and other related costs shall be made to the invoice issued by the payer:

    (A) the China international shipping operators and their branches;

    (B) non-vessel operating common carrier business operators in China and its branches;

    (C) international shipping agency operators and their branches;

    (D) 30th article of the ocean shipping company. Operators listed in the preceding paragraph shall submit the location of provinces, autonomous regions and municipalities special invoice for transport authority with proof, apply to business taxation authority for invoices.

    Otherwise provided for by the State administration of taxation, from its provisions.

    34th International ship management operator shall, in accordance with the contractual agreement and the relevant provisions of the State, fulfilling obligations relating to security and the prevention of pollution from ships.

    35th article business access China port international liner transport business of international liner transport operators, should filled People's Republic of China Sea international transport information table (shipping company basic situation) People's Republic of China Sea international transport information table (shipping company container export heavy box volume) and People's Republic of China Sea international transport information table (shipping company container imports heavy box volume), Yu when March 31 Qian submitted traffic Transport Department.

    Foreign international shipping operators of those materials submitted by their entrusted liaison bodies. 36th article China International ship transport operators, and international ship Agent operators and international container transport port business people, should respectively filled People's Republic of China Sea international transport information table (shipping company basic situation) People's Republic of China Sea international transport information table (international ship agent) and People's Republic of China Sea international transport information table (port container throughput), Yu when March 15 Qian submitted company location province, and autonomous regions, and

    Municipality Transport Department.

    The relevant province, autonomous region, municipality Transport Department these information tables and summary information should be submitted to the Ministry of transport before in the year to March 31.

    37th international ship operators, international ship management operator, international marine cargo warehousing business operators, as well as international container station and yard business operators shall not be any of the following acts:

    (A) to non-normal and reasonable level of service and impede fair competition;

    (B) in addition to the accounting books secretly to give customers rebates, to contract business;

    (C) abuse of a dominant position, restricted trading parties choose international shipping auxiliary business operator, or with its related industry monopoly-induced business parties, the exclusion of competition;

    (D) other acts of unfair competition.

    38th foreign international shipping operators and foreign international shipping auxiliary enterprises may engage in business activities of a representative office, including:

    (A) accept booking for representing their overseas parent companies, parent company issued a bill of lading or related documents;

    (B) for the parent company to handle settlement or payment of freight and other charges;

    (C) issuing the overseas parent company or its parent company established within the territory of China enterprises provided for in the regulation of maritime transport of the 30th instrument;

    (D) the shipper status to international liner shipping operator consignment;

    (E) on behalf of the permanent representative offices of foreign business contracts with the customers.

    The fourth chapter of foreign investment in international maritime transport and its auxiliary businesses 39th set up Sino-foreign joint venture, contractual joint ventures engaged in international shipping business, should seat of enterprise to be established in provinces, autonomous regions and municipalities transportation authorities to apply to the Ministry of transport.

    Application materials should include:

    (A) the application;

    (B) feasibility analysis report;

    (Iii) joint ventures or cooperation agreement;

    (D) investors business registration documents or identity documents;

    (E) meet the requirements of the Ministry of transport and advanced business management personnel professional qualifications.

    The relevant province, autonomous region, municipality Transport Department shall receive the full list of materials within 10 working days from the date of application materials and the idea to the Ministry of transport. Department of transportation shall receive the report of the above-mentioned information and comments within 30 working days from the date, 29th according to the shipping regulations, paragraph, third and fourth paragraphs of the regulations, as well as the Ministry of transport announced the competition in the international shipping market, and audit policy on international maritime transport industry development, the decision to approve or not to approve.

    Approved by decision, approval documents were rejected, shall be notified in writing to the applicant and informed reason. Approved applicants shall take the approval documents of the Ministry of transport, in accordance with the relevant requirements of laws and regulations on foreign-invested enterprises, to the relevant Department for appropriate approval for establishment of foreign invested enterprises.

    After obtaining the appropriate approval procedures, and shall take the relevant Department to set up enterprise file and the rules for the implementation of the fifth, paragraph (d) to (f) related materials, in accordance with the procedure provided for in the rules for the implementation of the fifth to the Department of transportation received appropriate international shipping trade license.

    40th the shipping regulations, established under article 30th article of the foreign-funded enterprises shall, in accordance with the Ministry of transport and the relevant regulations of the Ministry of foreign trade and economic cooperation. 41st established foreign-funded enterprises engaged in international shipping business, should seat of enterprise to be established in provinces, autonomous regions and municipal people's Governments Transportation Department submitted to the Ministry of transport in accordance with the rules for the implementation of the seventh article condition of application materials.

    The relevant provinces, autonomous regions and municipalities directly under the Government's Transport Department upon receipt of the full list of these materials shall, within 10 working days within the relevant material and idea to the Ministry of transport. Department of transportation shall receive the report of the above-mentioned information and comments within 30 working days of the date, in accordance with the provisions of the present rules for the implementation of the seventh article review, make a decision to approve or not to approve.

    Approved by decision, approval documents were rejected, shall be notified in writing to the applicant and informed reason. Approved applicants shall take the approval documents of the Ministry of transport, foreign-invested enterprises in accordance with the relevant laws and regulations to the relevant departments for appropriate approval for establishment of foreign invested enterprises.

    After obtaining the corresponding ratification documents, to the Ministry of transport to get the certificate of international shipping agent license registration. 42nd international ship management business of foreign-funded enterprises established should be adopted by the proposed establishment of the seat of the enterprise of the province, autonomous region, municipality Transport Department these rules are submitted to the Ministry of transport under article eighth application materials.

    The relevant provinces, autonomous regions and municipalities directly under the Government's Transport Department upon receipt of the full list of these materials shall, within 10 working days within the relevant material and idea to the Ministry of transport. Department of transportation shall receive the report of the above-mentioned information and comments within 30 working days from the date, carried out in accordance with the regulation of maritime transport of Nineth review, make a decision to approve or not to approve.

    Approved by decision, approval documents were rejected, shall be notified in writing to the applicant and informed reason. Approved applicants shall take the approval documents of the Ministry of transport, foreign-invested enterprises in accordance with the relevant laws and regulations to the relevant departments for appropriate approval for establishment of foreign invested enterprises.

    After obtaining the appropriate approval procedures, and shall take the approval documents of the departments concerned in accordance with the procedure provided for in the rules for the implementation of the eighth local provinces, autonomous region and municipality Transport Department for registration, receive the international maritime auxiliary operation qualifications registration certificate.

    Article 43rd international marine cargo warehousing business, shall meet the following conditions:

    (A) a fixed place of business;

    (B) commensurate with the scope of storage facilities;

    (C) senior business managers with at least 2 people with 3 years relevant business experience;

    (D) other conditions stipulated by laws and regulations.

    Article 44th international sea container station and depot services, subject to the following conditions:

    (A) a fixed place of business;

    (B) commensurate with the scope of the vehicle, loading and unloading mechanical, yard, container inspection equipment and facilities;

    (C) senior business managers with at least 2 people with 3 years relevant business experience;

    (D) other conditions stipulated by laws and regulations. Article 45th setting up foreign-invested enterprises, engaged in international marine cargo warehousing business or to set up Sino-foreign joint ventures, cooperative enterprises engaged in international container station and depot services, should seat of enterprise to be established in provinces, autonomous regions and municipalities transportation authorities to apply to the Ministry of transport.

    Application materials should include:

    (A) the application;

    (B) feasibility analysis report;

    (Iii) joint ventures or joint venture agreements;

    (D) the investors ' business registration documents or identity papers.

    The relevant provinces, autonomous regions and municipalities directly under the Government's Transport Department upon receipt of the full list of these materials shall, within 10 working days within the relevant material and idea to the Ministry of transport. Ministry of transport shall upon receipt of the report of the above-mentioned information and comments within 30 working days of the date, in accordance with the provisions of rule 43rd or 44th review, make a decision of approval or disapproval.

    Decided to approve, register and issue the relevant approval documents; is not granted, shall be notified in writing to the applicant and informed reason. Approved applicants shall take the approval documents of the Ministry of transport, foreign-invested enterprises in accordance with the relevant laws and regulations to the relevant departments for approval for establishment of foreign invested enterprises.

    After obtaining the corresponding ratification documents, register with the Ministry of transport, renewal of the international maritime auxiliary operation qualifications registration certificate.

    46th international marine cargo warehousing business operators, container station and depot operators, must hold qualifications registration certificate issued by the Department of transportation, to charge after customs registration in order to deposit the Customs supervising and managing cargo or container.

    The fifth investigation and treatment 47th interested party believes that international maritime transport operators, international shipping auxiliary business operator has the 32nd of the maritime transport and the rules for the implementation of the 37th article, pursuant to regulation of maritime transport of the 32nd article asked the Transportation Department to investigate.

    Request investigations, the investigation shall submit a written application and given the reasons and provide the necessary evidence.

    Ministry of transport survey application which should be assessed within 60 days from the date of receiving the application for survey implementation survey or not to investigate the decision: (A) Ministry of transport is satisfied that the grounds are not sufficient or not sufficient, decided not to investigate and inform the investigation the applicant.

    Applicants may apply supplementary reasons or evidence put forward again after the investigation.

    (B) the assessment concluded that the Ministry of transport shall implement a survey or in accordance with the regulation of maritime transport article 32nd decides to investigate on their own, should the relevant materials and assessment report to the Administrative Department for industry and commerce under the State Council and price sectors.

    48th survey implemented by the Ministry of transport together with the State Council administration for industry and Commerce and price sectors (hereinafter referred to as the investigating authorities) joint investigation team. Investigating authority investigation team composed of personnel, should be investigated and the investigation period, inform the person under investigation.

    Respondents in the 30th after service of a notice of investigation in the matter of the investigations in reply. Respondents believe that members of the investigation team with the investigation applicant have a stake in, the person under investigation or investigation matters, the right to submit a withdrawal request.

    Investigating authorities consider it a challenge set up, adjustment should be made to the members of the investigation team. When respondents surveyed 49th article, should be according to the investigation team's requests for relevant data, information and documents, and so on. It is a commercial secret, should be submitted to the investigation team.

    Unit should be documented for future reference.

    Investigation of commercial secrets of the person under investigation and investigators should be kept confidential.

    Respondents found that investigators reveal their trade secrets and there is sufficient evidence, the right to complaint to the investigating authorities.

    50th investigative organs of the person under investigation "below normal, reasonable freight" identified, you should consider the following factors:

    (A) the level of most operators within the same industry and operators and respondents have the same size of level;

    (B) the respondents to implement the level of reason, including costs, management and surplus-deficit status;

    (C) whether specific competitors and aims at squeezing out competitors.

    51st investigating authorities to "damage competition" or "damage the counterparty" identified, you should consider the following factors:

    (A) causing obstruction to the freedom of choice of the shipper to the carrier;

    (B) affect the normal transportation of goods;

    (C) the book secret kickbacks contracting goods distort market competition rules.

    52nd investigating authorities before making his findings, expert consultative meeting was held, "damage competition" or "damage dealing party" was assessed.

    Hire consultants shall not investigate applicants, surveyed people had a stake.

    53rd survey at the end of investigation organ shall make findings, investigation and notify the applicant and respondents:

    (A) the basic facts are not established, the investigation organ shall decide to terminate the investigation;

    (B) the basic facts are present and to fair competition in the market is not causing material injury, investigating authorities may decide not to investigate people take prohibitive, restrictive measures;

    (C) the basic facts are clear and fair competition in the market to cause material injury, the investigating authorities shall, in accordance with the provisions of the regulation of maritime transport, taken against the person under investigation, prohibition of restrictive measures.

    54th investigating authorities to prohibit, restrictive measures of the decision, shall inform the party concerned has the right to hold a hearing; the party called for a hearing, shall, from the date of notice in investigations in the 10th, to the investigating authority in writing; fails to submit a hearing request, as a waiver of the right to request a hearing.

    55th set out the rules for the implementation of the 37th article of carrying out investigations, members of the investigation team shall include the qualifications of the person under investigation to implement registration of the relevant province, autonomous region, municipality directly under the Transportation Department personnel.

    These rules are for the 37th (c) violation and listed parties or competition to cause material injury, the investigating authorities can take to limit its restrictive measures to expand business over a given period.

    The sixth chapter legal liability

    Breach of 56th article of the maritime regulations and the provisions of these rules shall be punished, or authorized by the Ministry of transport of the province, autonomous region, municipality Transport Department shall, in accordance with the regulation of maritime transport the sixth chapter and the provisions of this chapter shall be punished.

    57th with foreign representative offices of the implementing rules article 38th cases in the Department of transportation or the relevant province, autonomous region or municipality transportation authorities can be informed about administrative departments for industry and commerce, by the Administrative Department for industry and commerce in accordance with the provisions of the 49th article of the ocean shipping. 58th liner conference agreement, operation agreement and tariff agreements, international shipping agency managers are not required to register at the Ministry of transport of, by the Department of transportation pursuant to regulation of maritime transport of the 45th of the rules, these rules are the seventh, 32nd record people under sanctions.

    Liner is not required, can be members of the Association shall be punished.

    59th investigators in violation of regulations, leaked the person under investigation confidential information, shall be given administrative sanctions, causing serious consequences, violate the criminal law, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 60th of the maritime regulations and the provisions of the implementing regulations of licensing, registration, the applicant may also appoint an agent to handle. Agent to handle trust matters, and should provide a power of attorney.

    Notarial documents submitted by foreign applicants or investors, and should be made by the applicant or the investor's home country opened notary or solicitor.

    The rules for the implementation of the requirements of various types of written materials should be written in Chinese, such as the use of other text, should be accompanied by the Chinese translation.

    Article 61st of the maritime regulations and record-keeping matters provided for in these rules to the specific requirements, ways and means should be reported in accordance with the provisions of the Ministry of transport.

    The 62nd Hong Kong S.A.R., and Macau S.A.R. and Taiwan investors in the Mainland in the area of investment in international maritime transport and international maritime transport-related auxiliary businesses shall apply mutatis mutandis to the marine Ordinance the fourth chapter and the relevant provisions of the rules for the implementation of the fourth chapter.

    63rd regulation of maritime transport of the 18th article published rate and protocol specific approaches to tariff filing, shall be determined separately by the Department of transportation.

    Article 64th international sea port cargo handling, port international marine cargo warehousing business and international maritime container terminal and yard operations, according to relevant laws and administrative regulations of the port management regulations. 65th these rules come into force on March 1, 2003. Ministry released on April 11, 1985, the Ministry of the interim measures in international marine shipping company ', released on March 2, 1990 the international shipping regulations, released on June 20, 1990 the international liner shipping regulations, released on June 9, 1992 People's Republic of China implementing rules of maritime international container transport regulations, and on October 17, 1997, issued by the management of representative offices of foreign waterway transport enterprises Repealed simultaneously.