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Domestic Water Transport Operate Quality Management Regulations

Original Language Title: 国内水路运输经营资质管理规定

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(May 26, 2008 2008 2nd release from the Ministry of transport as of August 1, 2008) Chapter I General provisions article in order to regulate the domestic waterway transportation market management, maintenance of waterway transport operators, passengers, shippers, the legitimate interests of protecting people's life and property security, promote the healthy development of the cause of water transport, under the People's Republic of China water control and related laws and regulations, this provision is enacted.
    Provisions of this article apply in the People's Republic of China coasts, rivers, lakes and other navigable waters within the commercial transport businesses and personal qualification of management.
    Ships within the port area, passenger and cargo services lightering and towing operations are not governed by these provisions.
    Article domestic sea transport operations in accordance with the sail area is divided into coastal shipping and inland waterway transport. Domestic water transport operation in accordance with the type of operation of ships are divided into cargo and passenger transport. Cargo transport is divided into general cargo and bulk liquid dangerous goods shipping, bulk liquid dangerous goods shipping into liquefied gas transport, chemical tankers transport and tanker (bituminous ship) transport.
    Passenger transport is divided into ordinary passenger ships (including passenger ferries, tourist passenger) transport, ro-ro ship (including vehicle ro-ro passenger ferry, trucks) transport and high-speed passenger transport.
    Fourth in the domestic water transport enterprises and individuals, shall, in accordance with these provisions achieve and maintain, business qualifications, and engaged in water transportation business activities within the approved scope of business, may not be transferred or disguised transfer of water transport business qualification.
    V transportation departments of people's Governments at various levels in accordance with the qualification of domestic water transport operation management, its set of shipping management agencies to undertake specific work.
    Chapter II operation qualified sixth in addition to operating a single boat River 600 gross tons general cargo transport, domestic sea transport enterprise as a legal person shall be obtained.
    Natural persons operating boats of up to 600 tons gross inland common carrier transport should handle the individual industrial and commercial household registration. Seventh article engaged in domestic waterway transport of enterprise should has following business qualification conditions: (a) has and business regional range, and business business phase adapted of owned and business of airworthiness ship, and above ship total capacity scale meet eighth article of requirements; (ii) has meet business need and security management requirements of business, and sea works, and locomotive, and crew management, organization institutions, and fixed Office places and national provides of registered capital; (three) has sound of safety responsibility system, and Safety regulations and operation and production security accident emergency rescue plans, security management and production business management system, and according to People's Republic of China shipping company security and anti-pollution management provides of requirements established security management system; (four) has and business ship type, and business scale phase adapted of business, and sea works, and locomotive full-time management personnel, related full-time management personnel should meet this provides Nineth article of requirements; (five) business passenger transport of, should implementation ship by parking, and
    Passenger boarding and the necessary service facilities and security services.
    Eighth article except in province, and autonomous regions, and municipalities administrative within of closed navigation waters business passenger transport outside, domestic waterway transport enterprise owned and business of airworthiness ship total capacity scale should respectively meet following minimum requirements: (a) business province, and autonomous regions, and municipalities Zhijian (following referred to "province inter") coastal general cargo transport of: General cargo 2000 total tons; (ii) business province, and autonomous regions, and municipalities within (following referred to "province within") coastal general cargo transport of: General cargo 1000 total tons; (Three) business River general cargo transport of: General cargo 600 total tons; (four) business province inter coastal bulk liquid dangerous goods ship transport of: dangerous goods ship 2000 total tons, which business liquefied petroleum gas body ship transport of: class capacity 3000 cubic metres; (five) business province within coastal bulk liquid dangerous goods ship transport of: dangerous goods ship 1000 total tons, which business liquefied petroleum gas body ship transport of: class capacity 1000 cubic metres; (six) business province inter River bulk liquid dangerous goods ship transport of: dangerous goods ship 1000 total tons , Which business liquefied petroleum gas body ship transport of: class capacity 500 cubic metres; (seven) business province within river bulk liquid dangerous goods ship transport of: dangerous goods ship 500 total tons, which business liquefied petroleum gas body ship transport of: class capacity 300 cubic metres; (eight) business province inter coastal passenger transport of: General passenger 400 roundtrip, high-speed passenger 200 roundtrip, guest roll ship 3000 total tons and 400 roundtrip; (nine) business province within coastal passenger transport of: General passenger 200 roundtrip, high-speed passenger 100 roundtrip,
    Ro-ro ships of 1000 tons gross and 100-passenger, (10) engaged in interprovincial inland passenger transport: regular roundtrip passenger 200, 100-passenger high-speed passenger ships, ro-ro ships of 1000 tons gross and 50-passenger, (11) operating within the province of inland passenger transport: General passenger 100-passenger, high-speed craft of 50-passenger, ro-ro ships 300 gross tons and 50-passenger.
    While operating oil tankers and chemical tankers transport or you can operate ordinary passenger ships and high speed passenger transport, total capacity can be one together, but each ship's type should have at least a seaworthy ships owned and operated.
    Department of transportation can be due to limited market demand, leading enterprise engaged in water transportation capacity will scale to meet the requirements of the first paragraph, released less than total capacity to scale a specific region of the first paragraph. Nineth article engaged in domestic waterway transport of enterprise should at least equipped with 1 name business full-time management personnel, and equipped with meet following number requirements of sea works, and locomotive full-time management personnel: (a) business coastal general cargo 1 to 10 ship of, at least respectively equipped with 1 people; 11 to 20 ship of, at least respectively equipped with 2 people; 21 to 30 ship of, at least respectively equipped with 3 people; 30 ship above of, at least respectively equipped with 4 people; (ii) business River general cargo 1 to 10 ship of, at least respectively equipped with 1 people; 11 to 50 ship of , At least respectively equipped with 2 people, 51 to 100 ship of, at least respectively equipped with 3 people; 100 ship above of, at least respectively equipped with 4 people; (three) business coastal bulk liquid dangerous goods ship or passenger 1 to 5 ship of, at least respectively equipped with 1 people; 6 to 10 ship of, at least respectively equipped with 2 people; 11 to 20 ship of, at least respectively equipped with 3 people; 20 ship above of, at least respectively equipped with 4 people; (four) business River bulk liquid dangerous goods ship or passenger 1 to 10 ship of, at least respectively equipped with 1 people
    ; 1 to 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.
    Full-time managers in the preceding paragraph shall be signed for more than a year of full-time employment with the enterprise labor contract during the term of the contract shall not be on a boat or other part-time jobs.
    Operating general cargo shipping company sea works, locomotive operated by full-time managers should have the ship's type and corresponds to the area of no less than Chief Officer, second engineer and service experience.
    Operating passenger ships, bulk liquid dangerous goods shipping enterprise top management at least 1 full-time security management and and business ship type and corresponds to the area of the captain or chief engineer of experience serving; its sea, locomotive operated by full-time managers should have their ship's type and corresponds to the area of experience serving the master, the Chief Engineer.
    Article tenth enterprise engaged in domestic sea transport can ship safety and pollution prevention management entrusted with the domestic shipping industry qualified escrow ship management companies.
    Effective escrow period, entrusted enterprises can not according to Nineth as called for in the first paragraph in accordance with the scale of operation of ships equipped with the appropriate number of sea, locomotive full-time managers, but it should be at least equipped with 1.
    11th self-employed engaged in internal waterways transport shall have their own and operate seaworthy vessels, and achieved relative to its operating ships effective river navigation seafarers ' certificates of competency. 12th domestic sea transport business of a ship shall be dispensed to the transportation certificate and hold a valid registration certificate of ownership of the rights, the nationality certificate, the vessel inspection certificate or the ship classification certificate and the vessel's minimum safe manning certificate.
    People's Republic of China shipping safety and pollution prevention of ships within the scope of the regulation should also be in possession of a valid "safety management certificate" or "interim safety management certificate".
    Chapter III operational qualification examination and approval section 13th business of domestic water transport enterprises and individuals, should be submitted to the local transportation departments of people's Governments at corresponding declarations required by this article 22nd.
    14th 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 in accordance with the People's Republic of China administration of waterway transportation provisions of the implementing rules of the regulations specify that approval, initial review step by step and all application materials go to approval of the Transportation Department approval. Section 15th for domestic transport of passenger vessels, bulk liquid dangerous goods, the city (district city) transportation departments of people's Governments shall, when receiving a declaration or report within 10 working days after the material, according to documents and field surveys, on whether the applicants meet the qualification assessed for the domestic water transport operations, issued by the evaluation report.
    Assessment after the city (district city)-level transportation departments of people's Governments shall promptly report transfer and reporting materials to have the corresponding permission to the Transportation Department.
    Transportation departments of provincial-level people's Governments shall conduct supervision and inspection on the assessment process, disagrees with the results of the assessment, and organization review.
    Domestic water transport business qualification assessment measures shall be formulated separately by the Department of transportation. 16th by transportation departments with the appropriate permission received to declare or transfer the materials, shall operate in accordance with the requirements of the qualifications and relevant regulations of the State under review. Qualified, making licensing decisions and issue to the applicant the waterway transport license; does not meet the criteria of, not to permit a decision and shall notify the applicant in writing reasons for disapproval.

    17th should the parties to the application, and transportation departments with appropriate permission can refer to the requirements of the qualification conditions for waterway transportation permit from the preparatory period of enterprises (planning only).
    Enterprises preparing ratification documents and the waterway transport permits (planning only) purchase of building ships, industrial and commercial registration procedures.
    18th in line with and approved by the Ministry of transport of the following circumstances, Chinese firms can hire vessels of foreign nationality in People's Republic of China ports in not more than two cruises or duration of temporary transportation or towing 30th: (a) does not meet the requested transport ships or towing requirements, (ii) docking ports or waters for People's Republic of China open ports or waters. 19th leased foreign vessels for temporary transportation or towing of a Chinese Enterprise shall submit to the Ministry of transport applications and can prove that the first paragraph of article 18th (a) under the circumstance of the related materials.
    Applications should indicate the application of reason, carriage of goods, transport voyage or period, docking port, vessel name, vessel type, the nationality of the ship and the ship's seaworthiness. The Ministry of transport and shall, within 20 working days from the date of acceptance of the application, to review the application.
    Meet the conditions of article 18th, making licensing decisions and licensing documents do not meet the conditions, made no decision, and shall notify the applicant in writing reasons for disapproval.
    20th domestic shipping routes or towing vessels of foreign nationality, shall comply with the relevant provisions of the domestic water transport management, and should be in accordance with the approval of the Ministry of transport of the scope and duration transportation or towing.
    Article 21st domestic sea transport business qualification examination and approval procedures and deadlines, these provisions are not required, in accordance with the People's Republic of China on administrative licensing law and the People's Republic of China administration of waterway transportation regulation and its implementing rules, the implementation of communications administrative license procedures carried out provisions of the regulations. 22nd article application business domestic waterway transport or expanded domestic waterway transport business range, should according to different situation, submitted following corresponding declared material: (a) applications, including application of business range, and capacity scale and source; (ii) feasibility report, including guest supply market analysis and the implementation situation, and sources and the implementation situation, and operating economic analysis; (three) enterprise corporate license or license (preparation of provides enterprise name advance approved notice can) and copies ; (Four) Enterprise shareholders of basic situation and description shareholders investment situation of proved file, corporate shareholders provides enterprise corporate license and copies, natural shareholders provides ID and copies; (five) company articles and copies, fixed Office places using proved and copies; (six) Organization institutions of set and this provides Nineth article requirements of full-time management personnel equipped with situation of proved file, including full-time management personnel list, and served file, and ID, and served qualifications material, and Labor contract (preparation of provides intention agreement can), and copies; (seven) including production business management and security management system zainei of enterprise basic management system; (eight) according to People's Republic of China shipping company security and anti-pollution management provides need established security management system of, should provides effective of "meet proved" or "temporary meet proved" certificate and copies; meet this provides tenth article provides of, should provides its and ship management enterprise signed of security and anti-pollution management agreement, and Ship management enterprise of waterway transport service license and effective of "meet proved" or "temporary meet proved" certificate and copies; (nine) intends by its business and input domestic waterway transport of ship source proved file and effective of ship ownership registration certificate, and ship nationality certificate, and ship test certificate or ship into level certificate, and ship minimum security distribution Member certificate and copies, People's Republic of China shipping company security and anti-pollution management provides Applies range within of ship also should provides effective of "security management certificate" or "temporary security management certificate" and copies; (10) business passenger transport of, should provides and business route docked site of port business people reached of by port airlines agreement and copies, or has on passenger by parking, and passenger upper and lower ship by required of service facilities, and security facilities made arrangements of other proved file; (11) individual transport operators,
    I provided and copy of ID card and the requirements of the provisions of article 11th related documentation and copies.
    Enterprise preparation should be submitted to the first paragraph of this section (a) to (g), (j) provision of application materials.
    Enterprises opened the first paragraph of this article shall be submitted (a) to (j) the provision of application materials and build links need to provide water transportation permits (construction only) and preparation of copies of approval documents.
    Have access to domestic water transport business qualified enterprises to expand their business scope, the first paragraph of this article shall be submitted (a), (b) and (f) to (j) provision of application materials and the original file copies and the waterway transportation license (copy).
    Applications for individual operators engaged in domestic sea transport should be submitted to the first paragraph of this section (a), (I), (11) the provision of application materials.
    Fourth chapter 23rd transportation departments of people's Governments at various levels of supervision and inspection according to law to engage in domestic water transport enterprises and individuals to supervise and inspect the business qualification.
    Internal waterway transport operators, local government transportation departments are responsible for the day-to-day supervision and inspection work, domestic sea transport operator to supervise the effective maintenance of qualification. 24th national waterways transport operators after obtaining the qualification, shall keep business qualifications. Does not meet the requirements of the qualification criteria, the transportation departments of the local people's Government shall order the rectification.
    Rectification period determined, as appropriate, including capacity to scale up the business qualifications, rectification period not longer than 6 months, maximum of 3 months. Enterprises during the reform period began to build ships can be included in capacity but are not yet completed for scale.
    Ships are completed, if the ship is not owned and operated by the business enterprises, should continue to carry out rectification.
    25th domestic sea transport operators should actively cooperate with departments of transportation transportation operations quality supervision and inspection, and provide the relevant documents, files, and other relevant information.
    26th article occurred following situation Hou, domestic waterway transport operators should in 15 a days within to written form to its location Government traffic competent sector reported prepared, and provides related proved material: (a) Enterprise main shareholders and shares constitute situation, and registered capital occurred changes; (ii) company articles and the basic management system occurred major changes; (three) Enterprise sea works, and locomotive, and business, and crew management, sector and duties occurred changes;
    (D) enterprises, as well as the provisions of article Nineth full-time managers as required by changing; (e) the shipping capacity operating scale change; (vi) operating in case of security incidents and (VII) comply with the provisions of article tenth, commissioned by the changes in ship management companies or management agreement.
    Internal waterway transport operators, local government transportation departments about reporting materials shall be gradual transfer to the original examination and approval organ. 27th transportation departments of people's Governments at all levels should establish and improve quality supervision and inspection system for managing domestic water transport, waterway transport operators operating qualification of domestic implementation of dynamic management, establishment of an early warning system.
    Qualification levels or acts that are in violation of the provisions of the domestic water transport operators, should strengthen the monitoring measures.
    28th deal in quality supervision and inspection, including qualification periodic verification and occasional spot checks.
    29th internal waterway transport operators, local government transportation departments should be qualified to maintain on a regular basis inform the local maritime administration.
    The maritime administrative agency on the domestic shipping major security incidents should be and conclusions timely notice in writing to the operator of the ship transportation departments of the local government.
    Fifth chapter legal liability article 30th domestic sea transport operating enterprises in violation of the provisions of article Nineth, by their local government transportation departments of correction and fined 5000 Yuan and 10,000 yuan fine.
    31st domestic sea transport operators in violation of the provisions of article 25th and 26th articles, by their local government transportation departments of correction and fined 500 Yuan more than 2000 Yuan fine.
    Article 32nd after obtaining the qualification cannot be maintained, after corrective action is still not up to the domestic water transport business qualifications operators, is responsible for the approval of the Transportation Department found that it no longer meets the conditions for safe production, should rescind approval of the domestic water transport business qualification.
    33rd in violation of the provisions of the other regulations shall be punished in accordance with the People's Republic of China implementation of the regulations on administration of waterway transportation.
    34th Transport Department staff abuse, malpractice, negligence and other acts, law by his entity or his upper level organs ordered corrective action and shall be given an administrative sanction; violate the criminal law, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 35th of the regulations defines the following terms: (a) shall not be transferred or disguised transfer of water transport business qualification, refers to the domestic water transport operators shall not in any way allow others on its behalf or in disguise, in the domestic water transport operations. (B) own and operate seaworthy vessels, refers to obtain ship ownership registration and management by owner and seaworthy ships, ship a total, operator of the percentage share of the total shall be not less than 50%.

    Article 36th of Chinese companies has made the international shipping business qualification, requirements, run the domestic waterway transportation business shall be in accordance with the requirements set out in the access to domestic water transport business qualification.
    37th article of up to 12 passengers in passenger transport, as well as adjacent towns, village life for local people to provide direct service between the villages and towns ships (including Township passenger ferry) qualification provisions do not apply to the transport operators, transportation departments of people's Governments at the provincial level to develop specific management approach.
    Article 38th of Mainland and Hong Kong S.A.R., and Macau S.A.R., and Taiwan between waterways, their qualification does not apply to these regulations.
    Hong Kong S.A.R., and Macau S.A.R. of ships registered, apply for temporary transportation between the ports in the Mainland or towing, 18th, 19th and 20th of regulations.
    39th for the date of implementation of this provision has been made in domestic sea transport operating qualifications operators should be of limited duration requires the Ministry of transport which meet the requirements of these provisions. 40th article of the regulations come into force on August 1, 2008.
                                                                                                          On May 22, 1990 Ministry of administrative measures on approval of the provincial water transport enterprises (90) delivery no No. 275) on February 14, 2001 released by the Ministry and the domestic shipping business qualification management regulations (2001, traffic, 1th) repealed simultaneously.