Department Of Transportation Decision On Amending The Regulations On The Domestic Shipping Industry

Original Language Title: 交通运输部关于修改《国内船舶管理业规定》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/200905/20090500133949.shtml

Department of transportation decision on amending the regulations on the domestic shipping industry

    (January 5, 2009 the Ministry of transport announced 2009 1th come into force on July 1, 2009) Department of transportation decided to make the following changes in the domestic shipping industry provides:

    A, sixth revised as follows: enterprises engaged in domestic shipping management service should be provided in accordance with its sea management, technical management services of shipping quantity, quantity to fulfill the following requirements of the shipping engineering full-time managers:

    (A) management of general cargo ships along the coast between 1 and 10, respectively equipped with at least 1; 11-20, respectively equipped with at least 2 people between 21 and 30, respectively, equipped with at least 3 people; more than 30 ships, respectively, equipped with at least 4 people;

    (B) the management of inland waters conventional ship 1 to 10, respectively equipped with at least 1; 11-50, respectively equipped with at least 2 people between 51 and 100, respectively, equipped with at least 3 people; more than 100 ships, respectively, equipped with at least 4 people;

    (C) management of coastal bulk liquid dangerous goods aboard ships or passenger ships 1 to 5, respectively equipped with at least 1, 6 to 10, at least with 2 persons; 11-20, with 3 people separately at least; more than 20 ships, respectively, equipped with at least 4 people;

    (D) management of inland river bulk liquid dangerous goods or passenger ships 1 to 10 ships, respectively equipped with at least 1; 11-20, respectively equipped with at least 2 people between 21 and 30, respectively, equipped with at least 3 people; more than 30 ships, respectively, equipped with at least 4 people.

    Required before shipping, locomotive full-time managers should have the management of ship types and corresponds to the area of experience serving the captain, Chief Engineer and the ship management companies signed more than a year of full-time employment contract, during the term of the contract shall not be on a boat or other part-time jobs.

    Second, eighth to: application for domestic shipping management business, to its local government transportation authorities should submit the following documents:

    (A) the application;

    (B) the enterprise license (preparation of the offers of the business name prior approval written notice) and its photocopies;

    (C) the shareholders and that shareholders investment documents, corporate shareholders of the business license and copy of natural person shareholders and copy of ID card, (iv) and a copy of the company's articles, fixed work place proved its photocopies;

    (E) this provision requires proof of full-time management staff, including the list of full-time managers, Office files, ID, post qualification materials, labor contract (preparation of the agreement provided) and its photocopies;

    (F) effective scope covering the management of ship safety and pollution prevention management system "document of compliance" or "interim safety management certificate" certificate and its copy.

    Third, the article is revised as follows: Transportation Department for accepting applications shall, in verifying the declarations in the original and a copy, stamped copy of the content with the original line, original material will be returned to the applicant and preliminary review completed in the 15th, a preliminary review comments and report all application materials to the provincial Transportation Department. Four, 11th modified to: client applications by transportation authorities with appropriate permission can refer to the management qualifications required by this provision, for a preparatory period of domestic ship management company issued notice of preparation.

    Parties with notice of construction for industrial and commercial registration, applications for safety and pollution prevention management system audits and other procedures.

    Five, 12th is revised as follows: provincial transportation departments shall from the date of receipt of the transfer material on 20th to complete the examination, qualified, making licensing decisions, the sea transport service license issued to the applicant and submitted to the Ministry of transport for the record; do not meet the conditions, made no decision, and shall notify the applicant in writing reasons for disapproval.

    After six, 26th to add a to: violation of the provisions of article sixth, correction, and a fine of 5,000 yuan and 10,000 yuan fine.

    Seven, delete the second paragraph of article II, paragraph (d), seventh, tenth, 28th.

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

    This decision shall take effect on July 1, 2009.

    Of the domestic shipping industry requires corresponding amendments shall be made according to this decision, publish it again.

    Report: provisions on the domestic shipping industry (2009 revision)

    (July 4, 2001, published on January 5, 2009, the Ministry of transport, traffic, the modification of decision amendments to provisions on the domestic shipping industry)

    Chapter I General provisions

    First ship management industry business activity, maintenance of ship management market order, safeguard water transport safety, promoting healthy development of waterway transportation, in accordance with the relevant laws and administrative regulations, this provision is enacted.

    Provisions of this article apply in the People's Republic of China domestic shipping management in business management and supervisory activities.

    Ship management industry in these rules refers to ship management as agreed, shipowners or charterers, ship operators offers the following shipping services:

    (A) the ship engineering management;

    (B) the ship ocean management;

    (C) ship repair and maintenance;

    (D) the sale, lease, operation and asset management;

    (E) ship management services.

    Article engaged in ship management industry business activities, should comply with the principle of legal operation and fair competition.

    The fourth people's Governments above the county level transportation departments under this provision and other provisions on ship management industry managing and entrusted it with the set of shipping management agency responsible for ship management industry specific management work.

    Chapter II business qualification

    Article fifth ship management industry, subject to the following conditions:

    (A) the registered capital in line with national requirements;

    (B) meet the requirements of the professional managers;

    (C) adapt to business equipment and facilities;

    (D) is consistent with ship safety and pollution prevention management system stipulated by the State;

    (V) other conditions stipulated by laws and administrative regulations.

    Sixth engaged in ship management business should be provided in accordance with its domestic shipping management, technical management services of ship, equipped with the following quantity requirements of the shipping engineering full-time managers:

    (A) management of general cargo ships along the coast between 1 and 10, respectively equipped with at least 1; 11-20, respectively equipped with at least 2 people between 21 and 30, respectively, equipped with at least 3 people; more than 30 ships, respectively, equipped with at least 4 people;

    (B) the management of inland waters conventional ship 1 to 10, respectively equipped with at least 1; 11-50, respectively equipped with at least 2 people between 51 and 100, respectively, equipped with at least 3 people; more than 100 ships, respectively, equipped with at least 4 people;

    (C) management of coastal bulk liquid dangerous goods aboard ships or passenger ships 1 to 5, respectively equipped with at least 1, 6 to 10, at least with 2 persons; 11-20, with 3 people separately at least; more than 20 ships, respectively, equipped with at least 4 people;

    (D) management of inland river bulk liquid dangerous goods or passenger ships 1 to 10 ships, respectively equipped with at least 1; 11-20, respectively equipped with at least 2 people between 21 and 30, respectively, equipped with at least 3 people; more than 30 ships, respectively, equipped with at least 4 people.

    Required before shipping, locomotive full-time managers should have their management of ship types and corresponds to the area of experience serving the captain, Chief Engineer and the ship management companies signed more than a year of full-time employment contract, during the term of the contract shall not be on a boat or other part-time jobs.

    Seventh applicant engaged in domestic shipping management business, to its local government transportation authorities should submit the following documents:

    (A) the application;

    (B) the enterprise license (preparation of the offers of the business name prior approval written notice) and its photocopies; (c) shareholders and that shareholders investment documents, corporate shareholders of the business license and copy of natural person shareholders and copy of ID card;

    (D) articles and copies of fixed work place proved its photocopies;

    (E) this provision requires proof of full-time management staff, including the list of full-time managers, Office files, ID, post qualification materials, labor contract (preparation of the agreement provided) and its photocopies;

    (F) effective scope covering the management of ship safety and pollution prevention management system "document of compliance" or "interim safety management certificate" certificate and its copy.

    Eighth transportation authorities for accepting applications shall, in verifying the declarations in the original and a copy, stamped copy of the content with the original line, original material will be returned to the applicant and preliminary review completed in the 15th, a preliminary review comments and report all application materials to the provincial Transportation Department.

    Nineth provincial transportation departments shall from the date of receipt of the transfer material on 20th to complete the examination, qualified, making licensing decisions, the sea transport service license issued to the applicant and submitted to the Ministry of transport for the record; do not meet the conditions, made no decision, and shall notify the applicant in writing reasons for disapproval. Tenth by the parties to the application, by transportation authorities with appropriate permission can refer to the requirements of the qualification conditions for domestic shipping management company issued notice of preparation of the preparatory period.

    Parties with notice of construction for industrial and commercial registration, applications for safety and pollution prevention management system audits and other procedures.

    11th ship management operator after receiving the sea transport service license shall be opened in the 15th before to send the copy of the sea transport service license location and port of the maritime administrative agency for record.

    12th ship operators to expand the business scope of management, shall, in accordance with the relevant provisions under the original approval authorities, and report to the maritime administrative agency location and port of the record.

    Ship management operator's name, business location, such matters as the legal representative of change should be to the original in the 15th, location and port of the maritime administrative agency for record.

    13th ship management operator out of business or out of business, should the original approval authority, the location and port of the maritime administrative agency for record.

    Chapter III operation

    14th ship management business shall, within the scope permitted by law engaged in ship management industry business activities.

    The 15th ship management and ship owner or operator of a ship, ship after ship management contract the lessee, should the ship's name, nationality, total DWT, ship type, port, and the shipowner or ship operator, charterer name, place of residence of the maritime and port authority record.

    16th ship management operator shall ship management contracts and relevant regulations of the State, fulfilling obligations relating to security and the prevention of pollution from ships.

    Ship owners, ship operators, ship charterers obligations relating to security and the prevention of pollution from ships, not because of the ship has been entrusted to the ship management business change management.

    17th ship management the management of ship accidents and pollution incidents, must accept the investigation and handling of maritime administrative agencies according to law.

    18th engaged in ship management industry shall not be any of the following acts:

    (I) at prices below normal and reasonable level providing ship management services, impeding fair competition;

    (B) outside of the accounting books of the dark ship owners, ship operators, charterers kickbacks, forwarding the business of managing;

    (C) abuse of a dominant position, limiting others ' select a different ship operators providing ship management services;

    (D) the permit does not have the qualifications of ship management units or individuals in the name of the enterprise engaged in the business of managing;

    (V) prohibited by laws and administrative rules and other acts of unfair competition.

    19th ship management operator should be in accordance with the regulations submitted to the people's Governments above the county level Transportation Authority relating to business statistics.

    The fourth chapter, supervision and inspection

    20th transportation transport authorities of people's Governments above the county level shall supervise and inspect the ship management business activities according to law, and impose administrative penalties on acts in violation of these provisions.

    Maritime administrative agency shall supervise and inspect the waters of ship safety, marine pollution, and violation of this provision shall not carry out the safety management and pollution prevention management of statutory obligations impose administrative penalties.

    21st ship management operator acceptance of ship management business supervision and inspection, and shall provide the necessary documents, files and other relevant information.

    22nd ship management business after opening up to provide business qualifications, the people's Government above the county level transportation departments should order the rectification.

    Chapter fifth penalty

    23rd violates this provision of any of the following acts, has illegally obtained, fined not more than three times the illegal income, but shall not exceed a maximum 30,000 yuan; no illegal gains and fines of between 10,000 Yuan:

    (A) without approval, arbitrarily engaged in ship management industry;

    (B) outside their scope of business engaged in ship management industry;

    (C) to impose restrictions on others choose other shipping operators providing ship management services.

    24th article violates this provision of any of the following acts, given a warning and a fine of up to 5,000 Yuan:

    (A) failure to comply with formalities;

    (B) does not submit the relevant business information.

    25th article in violation of the provisions of article sixth, correction, and a fine of 5,000 yuan and 10,000 yuan fine.

    26th people's Governments above the county level staff in the implementation of the provisions of the transportation authority, abuse of power, negligence, malpractice, shall be given administrative sanctions.

    The sixth chapter supplementary articles The 27th article of the provisions come into force on October 1, 2001.