Provisions On Administration Of Foreign-Invested International Ocean Shipping Industry

Original Language Title: 外商投资国际海运业管理规定

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(February 25, 2004 Ministry, and commerce makes 2004 1th, released) first article for specification on foreign in China territory established foreign investment enterprise engaged in international sea transport business and and international sea transport related of auxiliary business business of management, protection foreign investors of lawful rights and interests of, according to People's Republic of China International Shipping Ordinance (following referred to Shipping Ordinance) and People's Republic of China foreign investment of about legal, and administrative regulations, developed this provides.
    Second investment in China by foreign international shipping business and international maritime transport-related ancillary business (hereinafter referred to as the international shipping industry), these provisions shall apply.
    Article People's Republic of China transportation and authorized by the Ministry of Commerce and the Department of foreign People's Republic of China territory of investment in foreign-funded enterprises engaged in international shipping industry approval and management. Fourth article by Ministry and Commerce approved, allows foreign used following form investment business international shipping industry: (a) established Sino-foreign joint venture, and foreign cooperation enterprise business international ship transport, and international ship agent, and international ship management, and international shipping goods handling, and international shipping container station and yard business; (ii) established Sino-foreign joint venture, and foreign cooperation, and foreign owned enterprise business international shipping goods warehouse business; (three) established Sino-foreign joint venture, and foreign cooperation, and
    Investors in foreign-owned enterprises to ships owned or operated by providing day-to-day services.
    Fifth article established foreign investment international ship transport enterprise, needed meet following conditions: (a) has and business international sea transport business phase adapted of ship, which must has in the nationality ship; (ii) input operation of ship meet national provides of sea traffic security technology standard; (three) has bills of lading, and ticket or more type transport single card; (four) has has Ministry provides of practitioners qualification of senior business management personnel; (five) to Sino-foreign joint venture or foreign cooperation enterprise form established, foreign of funded proportion shall not over 49%;
    (F) the Chairman and General Manager of the enterprise, specified by the investing Parties after consultation by the Chinese side and (VII) other conditions stipulated by laws and administrative regulations. Sixth article established foreign investment enterprise business international ship transport business, should first according to Shipping Ordinance and the People's Republic of China Shipping Ordinance implementation rules (following referred to Shipping Ordinance implementation rules) of provides to Ministry proposed application, by Ministry license Hou, applicants should according to national foreign investment legal, and administrative regulations of provides, by Ministry of license file to Commerce submitted this provides 15th article provides of file, to Commerce handle foreign investment enterprise of established approval procedures, made
    Approval certificate for foreign-invested enterprises.
    The applicant shall hold a license of the Ministry documents and the foreign invested Enterprise approval certificate issued by the Ministry of Commerce and other relevant documents, to register with the industrial and commercial administrative organs for industry and commerce in accordance with law to obtain business licenses.
    After the establishment of foreign-funded international shipping enterprises according to law, the applicant shall have the administration of industry and commerce business license issued by the Department of transportation to apply for the international shipping business license, obtain licenses before they can engage in international shipping operations. Article seventh International shipping agency enterprises with foreign investment, subject to the following conditions: (a) senior business managers with at least 2 people with 3 years experience in international maritime transportation business activities.
    Senior business management personnel is refers to has intermediate or intermediate above titles, and in international shipping enterprise or international shipping auxiliary Enterprise any sector Manager above positions of China citizens; (ii) has fixed of business places and necessary of business facilities, including has with port and customs, sector for electronic data exchange of capacity; (three) to Sino-foreign joint venture or foreign cooperation enterprise form established, foreign funded proportion shall not over 49%; (four) legal, and administrative regulations provides of other conditions.
    Eighth article established foreign investment enterprise business international ship agent business, should first according to Shipping Ordinance and the Shipping Ordinance implementation rules of provides to Ministry proposed application, by Ministry license Hou, applicants should according to national foreign investment legal, and administrative regulations of provides, by Ministry of license file to Commerce submitted this provides 15th article provides of file, to Commerce handle foreign investment enterprise of established approval procedures, made foreign investment enterprise approved certificate.
    The applicant shall hold a license of the Ministry documents and the foreign invested Enterprise approval certificate issued by the Ministry of Commerce and other relevant documents, to register with the industrial and commercial administrative organs for industry and commerce in accordance with law to obtain business licenses.
    After international shipping agency enterprises with foreign investment established in accordance with law, the applicant shall have the administration of industry and commerce business license issued by the Ministry of communications for the international shipping agent license registration card, qualified registration certificate before they can engage in international shipping agency business operations.
    Nineth article established foreign investment international ship management enterprise, needed has following conditions: (a) senior business management personnel in the at least 2 people has 3 years above engaged in international sea transport business activities of experience; (ii) has holds and by management ship type and airlines district phase adapted of Captain, and round Captain suitable any certificate of personnel; (three) has and international ship management business phase adapted of equipment, and facilities.
    Tenth article established foreign investment enterprise business international ship management business, should according to Shipping Ordinance and the Shipping Ordinance implementation rules of provides to Ministry proposed application, by Ministry license Hou, applicants by Ministry of license file and submitted this provides 15th article provides of material, according to national about foreign investment of legal, and administrative regulations of provides to enterprise location provincial government business competent sector handle foreign investment enterprise approved certificate.
    After the international ship management enterprises with foreign investment established by law, the applicant shall hold to the local administration for industry and commerce business license issued by the transportation departments of people's Governments at the provincial level to apply for the international shipping auxiliary operation qualifications registration certificate, obtain the registration certificate before they can engage in international ship management business activities.
    11th article established foreign investment enterprise business international shipping container station and yard business, and international shipping goods warehouse, should according to Shipping Ordinance and the Shipping Ordinance implementation rules of provides to Ministry proposed application, by Ministry license Hou, applicants by Ministry of license file and submitted this provides 15th article provides of material, according to national about foreign investment of legal, and administrative regulations of provides to enterprise location provincial government business competent sector handle foreign investment enterprise approved certificate.
    Foreign investment in international maritime container station and Depot company, international marine cargo warehousing after the establishment of enterprises according to law, the applicant shall hold to the local administration for industry and commerce business license issued by the transportation departments of people's Governments at the provincial level to apply for the international shipping auxiliary operation qualifications registration certificate, obtain the registration certificate before they can engage in related businesses.
    Enterprises with foreign investment in international maritime cargo handling, in accordance with relevant State regulations.
    Article 12th foreign-funded enterprises have been established for additional international shipping or international shipping auxiliary businesses, should be established in accordance with the relevant procedure going through corresponding formalities in international shipping enterprise with foreign investment.
    Already established foreign-funded international shipping companies to set up branches, shall be in accordance with the relevant foreign investment laws, administrative regulations and the Shipping Ordinance and the shipping rules for the implementation of the Ordinance respectively to the Ministry and departments authorized by the Department of Commerce or its corresponding formalities. International shipping enterprises with foreign investment have been established the joint venture contract, articles of Association relating to capital, shareholding structure, scope, and other important content changes, shall, in accordance with provisions of laws and administrative regulations relating to foreign investment to the Ministry of Commerce or its authorized departments relevant formalities.
    Change the article 21st of the detailed rules for the implementation of the regulation on maritime transport matters, shall be filed with the Ministry of the record.
    13th foreign shipping companies to set up Sino-foreign joint ventures, Sino-foreign joint venture, wholly-owned foreign enterprises, for investors to ships owned or operated by providing contracting goods, signed on behalf of bills of lading, with daily business services such as shipping, signed on behalf of a service contract and its application to establish procedures in accordance with the Ministry with the Ministry of Commerce jointly issued by wholly foreign-owned shipping company and approval of related regulations.
    14th in China's foreign-funded enterprises operate non-vessel-operating services, should, in accordance with the maritime regulations and the provisions of the implementing rules for the regulations of maritime transport, traffic to applications for registration of the non-vessel operating common carrier business registration license and in accordance with provisions of laws and administrative regulations on foreign-invested, to the Commerce Department to go through examination and approval procedures. 15th article applicants to Ministry proposed application, should submitted Shipping Ordinance and the Shipping Ordinance implementation rules provides of material; to Commerce or its authorized sector proposed application of, should to approval organ submitted following material: (a) applications; (ii) feasibility research report; (three) joint venture contract and joint venture company articles (owned enterprise just submitted articles); (four) investors registered registration proved file and the funding letter proved file; (five) intends established enterprise Chairman and General Manager of identity proved; (six) legal, and
    Administrative and regulatory requirements of the other files.
    16th Chinese Hong Kong S.A.R., and Macau S.A.R. and Taiwan investors in other Chinese provinces, autonomous regions and municipalities invest in international shipping and international shipping auxiliary enterprises, with reference to these regulations. 17th article according to state approved of Mainland and Hong Kong on established more close trade relationship of arrangements, and Mainland and Macau on established more close trade relationship of arrangements and annex of about provides, since January 1, 2004 up, allows Hong Kong and Macau of service provides who in mainland established owned enterprise business international ship management, and international shipping goods warehouse, and international shipping container station and yard, and no ship carrier business; allows Hong Kong and Macau of service provides who in mainland established owned ship works company,
    Provided to ships owned or operated by canvassing, issuance of bills of lading, settlement daily business services such as shipping, signed a service contract.
    18th article of the regulations by the Ministry of communications and the Ministry of Commerce is responsible for the interpretation. 19th article of the regulations come into force on June 1, 2004.

                                                                                                                          

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