Department of transportation on the modification of the People's Republic of China regulations on the administration of water transport services decisions

    (April 20, 2009 the Ministry of transport made 2009 5th release come into force on the date of promulgation) Department of transportation decided to the People's Republic of China regulations on the administration of water transport services (Ministry of 1998 of 6th) as follows: One of the 12th article is revised as follows: State transportation departments and cities (including municipalities) Transport Department (hereinafter referred to as the approving authority) shall receive the sea transport service enterprise business applications and other documents within 20th day of deciding to approve or not to approve.

    Approve the establishment, issued certificate for sea transport services (hereinafter licence).

    Second, delete 29th and 32nd.

    In addition, order, and part of the text of the provision made corresponding adjustments and modifications.

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

    People's Republic of China regulations on the administration of water transport services pursuant to the present decision be amended accordingly and publish it again.

    Attachment: People's Republic of China water transport services regulations 2009 (revised)

    (June 18, 1996 the Ministry issued on July 30, 1998 Ministry of the modification of People's Republic of China administration of water transport services provided, the first amendment of the decision on April 20, 2009 the Ministry of transport and the modification of People's Republic of China water transport services decision of second amendment to Regulation)

    Chapter I General provisions

    First to standardize the waterway transportation services, maintenance of waterway transport market order, to protect tourists, the shipper, the consignee, the carrier and its agent, the legitimate interests of promoting the development of water transport, under the People's Republic of China administration of water transport regulations, this provision is enacted.

    Provisions of this article apply in the People's Republic of China territory for the domestic waterway transportation water transportation services and related business activities.

    Article III sea transport services in these rules refers to accept passengers, commissioned by the shipper, the consignee and the carrier, on behalf of the client, for the principal passenger or cargo transport, port operations and other industry related operational procedures and fees, divided into the shipping industry and the passenger and cargo transportation industry.

    Fourth sea transportation service enterprise must obtain People's Republic of China corporate capacity.

    Article fifth the Transportation Department is responsible for the implementation of national waterways transport service industry management.

    Local people's Governments at all levels responsible for transportation or its set of shipping management sector (hereinafter referred to as transport authority) in accordance with these provisions, is responsible for the administration of water transport service industry management.

    Sixth section of waterway transport service industry management, should follow the layout is reasonable, the service is convenient, with orderly competition principles, adapt to market development needs.

    Seventh sea transport service enterprise shall follow easily, quickly and accurately, saving business policy, provide services for passengers and shippers, consignees, carriers.

    Sea transport service enterprises shall abide by the People's Republic of China laws, rules and regulations, accept supervision by the competent authorities and management.

    Eighth article of any enterprise engaged in water transportation services must be approved by the Transportation Department, after receiving the sea transport service license, may operate.

    Foreign-funded enterprises, Sino-foreign joint ventures, Chinese-foreign cooperative enterprise (hereinafter "foreign-invested enterprises") engaged in water transportation services, shall be subject to approval of the Transport Department under the State Council.

    Chapter II approval conditions and procedures

    Nineth established sea transport service enterprises, subject to the following conditions:

    (A) a stable water source, supply and shipping business;

    (B) commensurate with the scope of organizations and professionals;

    (C) a fixed place of business and necessary business facilities;

    (D) subject to the following minimum amount of the registered capital;

    1. the business of shipping agency, is 200,000 yuan;

    2. operating passenger and freight transport agency services, for 300,000 yuan;

    3. while engaged in shipping and passenger and freight transport agency services, for 500,000 yuan.

    Article tenth enterprise applying for establishment of water transport services, the applicant shall provide the proposed waterways service enterprise is located apply to the County Transportation Department, after review by the Department to the municipal (city divided into districts, the same below) Transport Department for examination and approval, and report to the provincial departments of transportation.

    Apply for the establishment of business of sea transport services "joint ventures", the applicant shall provide the proposed "joint ventures" is located apply to the County Transportation Department, examined by the transport authorities at all levels step by step by the provincial transportation authorities report the Transportation Department for review and approval.

    Applicants where there is no county-level people's Government, transportation authorities, the applicant should be directly to the city (including municipalities) apply to the Transportation Department.

    Section 11th for establishment of water transport services enterprise, shall submit the following materials:

    (A) sea transport services enterprise business applications;

    (B) feasibility studies;

    (C) the draft articles;

    (D) the registration issued by the local administration for industry and commerce "business name prior approval written notice";

    (E) credit;

    (Vi) title Office premises (or proof of tenancy, agreement, etc);

    (G) the primary granting agency agreed to set up the enterprise's file (Board resolution, or financial support from the sponsor of the joint venture);

    (VIII) business leaders and key staff names, titles, and identification;

    (IX) other documents of transportation departments under the State Council.

    12th the county level transportation departments should receive the sea transport service enterprise business applications and other file transfer within 10th of the audit opinion and submitted to the municipal transport authorities, or stepwise transfer transport by the State authorities. State transportation departments and cities (including municipalities) Transport Department (hereinafter referred to as the approving authority) shall receive the sea transport service enterprise business applications and other documents within 20th day of deciding to approve or not to approve.

    Approve the establishment, issued certificate for sea transport services (hereinafter licence).

    13th sea transport services enterprise license certificate shall be issued by the approving authority, in accordance with the provisions of relevant laws and regulations, for a business registration, tax registration procedures.

    Article 14th after the applicant has obtained the license for 180 consecutive days without good reason is not operating, the approving authority shall revoke the license statement.

    15th license valid for 3 years.

    Waterway transport service enterprise in license book effective term expires Shi need continues to engaged in waterway transport service business of, should in license book expires of recently 30th within, to approval organ application for led license book; not by this provides application for led license book of, its waterway transport service business qualification since license book expires of day up automatically lost, approval organ should in handle cancellation procedures Hou notification business administration organ law cancellation the enterprise license or license in the related project.

    16th sea transportation service enterprise change request scope, business name, domicile, legal representative and economic matters, should apply for alteration and approval procedures.

    Application to change its scope of business, shall submit the following materials:

    (A) application for amendment of sea transport services enterprise;

    (B) feasibility studies;

    (C) the amended articles;

    (D) the license;

    (V) other documents of transportation departments under the State Council.

    Apply for change of company name, type of economic matters, shall be submitted to the provisions of this article (a), (c) and (d) of the file.

    Application to change matters, and domicile of the legal representative of the enterprise, shall be submitted to the provisions of this article in part (d) file and change project documentation. 17th sea transportation service enterprise application to change business, business name, domicile, legal representative or economic matters, shall, in accordance with the provisions of article tenth of the approval process, and submitted to the original examination and approval authority for approval, renewal of license.

    Enterprise Enterprise alteration registration formalities for renewal of license. 18th sea transportation service enterprise terminates its business operations should be in accordance with the approval procedure provided for in article tenth business cancellation procedures.

    Original examination and approval authorities shall recover the license, referred to in the industrial and commercial administrative organs in accordance with the cancellation of business license related items.

    Chapter management

    19th sea transportation service enterprise's business scope includes:

    (A) the shipping agency business, refers to the delegate accepted the carrier, its agent for part or all of the following businesses:

    1. the contract or supply source (including tourists);

    2. contact arrangements and cargo stowage and ship handling or passenger access and shipping required for tugboats, floating cranes, etc;

    3. passenger transit, transit or stockpiling of goods;

    4. consignment ticket or transportation contract, issued transport document, Bill;

    5. the clearing, delivery, fare or freight and miscellaneous charges;

    6. the notified shipment and landing, handling carrier acceptance, delivery procedures;

    7. ship repair and ship fuel material and other supplies;

    8. help matters belonging to the carrier's liability and passenger and freight traffic accidents;

    9. handling other matters entrusted by the carrier.

    (B) passenger and cargo transportation agency business, refers to accept travelers commissioned or shipper, the consignee, the agent for part or all of the following businesses:

    1. ships identified space transportation contract, booking tickets;

    2. contact handling, storage or transfer of goods, handling contracts signed;

    3. extraction, delivery of goods procedures;

    4. pay settlement, shipping fare and port charges;

    5. the proof required to process cargo transport, operations;

    6. assistance to the passenger or shipper, consignee liability and passenger and freight traffic accidents;
7. passenger or other matters entrusted to the shipper, the consignee.

    20th sea transport service enterprises shall engage in business activities within the approved scope of operation.

    21st engaged in port operations in enterprises which are engaged in sea transport services business, but except for the Terminal.

    22nd sea transport services branch shall not engage in business activities.

    Article 23rd sea transport service enterprises may not be for others in his name in consigning shipment and carrying goods, payment of freight the difference.

    24th sea transportation service enterprise shall not delegate to a in respect of the same matters both parties. 25th sea transportation service enterprise and the principal shall conclude a contract in line with the principle of voluntary consultation and seriously.

    As the Party caused the other party losses, the responsible party should pay compensation.

    Article 26th service enterprise shall not be entrusted with the force of water transport agency business and not engaged in business activities by means of unfair competition.

    Waterway transport service enterprises may not rent, lend, transfer or alter the license certificate and the relevant freight documents.

    27th sea transport service enterprises must not be free water transportation business qualification or outside their scope of business and business ship-provided sea transport services.

    28th waterway transport agency business services enterprises shall use uniform provision of documents and notes.

    29th sea transport service should be separate from the end of January each year and by the end of July to the registered seat of the transport authorities submit a annual and statistical reports and information on the operation in the first half.

    The fourth chapter penalty

    Violation of the provisions of article 28th 30th article, above the county level transportation authority depending on the seriousness of a warning or a fine of up to 10,000 yuan.

    31st article violates provisions of the first paragraph of this article 26th from transportation departments above the county level between 100,000 yuan and 10,000 yuan fine of serious, and can suspend or revoke a license.

    32nd violation the rules of the 20th, 21st, 23rd article, transport administrative departments at and above the county level shall confiscate the illegal income and illegal income more than 1 time fined not more than 3 times; no illegal proceeds, fines of less than 20,000 yuan and 200,000 yuan.

    Article 33rd in violation of the provisions set forth in eighth and 22nd, transport administrative departments at and above the county level shall confiscate the illegal income and illegal income more than 1 time fined not more than 3 times; no illegal income, and fined not more than RMB 30,000 yuan more than 250,000.

    Violation of the provisions of article 24th of 34th article, causes losses to the Agency, he shall bear civil liability. 35th party who refuses to accept the decision of the competent Department of transportation, you can level up transport authorities for reconsideration; on the next higher level review decision of the competent Department of transportation, from the date of receiving the written reconsideration decision within 15th people's Court.

    Parties if neither prosecuted nor performs the decision, transportation authorities may request the people's Court for compulsory execution.

    The fifth chapter by-laws

    Article 36th by the Department of transportation under the State Council is responsible for the interpretation of these provisions. 37th article of the regulations come into force on October 1, 1996.