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People's Republic Of China Implementing Rules For The Regulations On International Maritime Transportation

Original Language Title: 中华人民共和国国际海运条例实施细则

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(January 20, 2003 the Ministry released 2003 1th order) 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, traffic, and transportation departments of the local people's Governments 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. Third article Shipping Ordinance and this implementation rules in the following terms of meaning is: (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     Activities, arrangements for transit transport and vessels entering and leaving Hong Kong. (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 16th 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.     (Four) no ship carrier business, is refers to Shipping Ordinance seventh article second paragraph provides of business, including for completed the items business around its by carrier of goods carried out of following activities: (1) to carrier identity and checked people made international goods transport contract; (2) to carrier identity received goods, and delivered goods; (3) issued bills of lading or other transport single card; (4) charged freight and the other service paid;     (5) to the international shipping operator or operators for the carriage of goods by other modes of transport booking and check and (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 article 29th of ocean shipping business of Chinese enterprises.     (VII) international ship management operator, is established in accordance with Chinese law in the regulation of maritime transport article 30th 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.     (10) 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 be references with 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 set up fourth in China companies engaged in international shipping business, or engaged in international shipping business China enterprise application, shall comply with the conditions provided for in the fifth of the maritime transport, consider the competition in the international shipping market released by the Ministry of State and national policies on international maritime transport industry development. Traffic in its Government 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, sending related material, and application materials should be also reported to the corporate seat of the province, autonomous region, municipality directly under the transportation departments of people's Governments.     Application material should including: (a) applications; (ii) feasibility analysis report, and investment agreement; (three) applicants of enterprise commercial registration file (intends established enterprise of, main investors of commercial registration file or ID Ming); (four) ship ownership certificate, and nationality certificate and statutory test certificate of copy or copies; (five) bills of lading, and ticket or more type transport single card sample; (six) meet Ministry provides of senior business management personnel of practitioners qualification proved.     The relevant provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments after the 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. Traffic after the application the applicant should complete application materials are complete within 30 working days from the date in accordance with the regulation of maritime transport of 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. Sixth China international shipping operators in China to set up branches, implementing rules for the application of this procedure provided for in article fifth.     Application materials should include: (a) the application; (b) the feasibility study report, (iii) the parent company's business registration document; (d) the parent company of the international shipping business licenses copies of (v) on the branch of the parent company scope confirmation, (vi) meets the requirements of Ministry of 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 in China by the enterprises engaged in international shipping agency business or application management of Chinese enterprises in international shipping business, an application shall be submitted to the Ministry, sending related material, and should apply to both the material copied is located in provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments.    Application material should including: (a) applications; (ii) feasibility analysis report, and investment agreement; (three) applicants of commercial registration file (intends established enterprise of, main investors of commercial registration file or ID Ming); (four) fixed business places of proved file; (five) Shipping Ordinance Nineth article subsection (a) items provides of senior business management personnel of practitioners qualifications proved file; (Vi) on ports such as port and customs departments in the electronic data interchange agreements.     Does not have electronic data interchange requirements, should be provided on the port or to the corresponding customs documents.     The relevant provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments upon receipt of such copied materials, related materials should be reviewed comment and shall within 7 working days from the date of receipt of materials the views submitted to the Ministry. Traffic after the application the applicant should complete application materials are complete within 15 working days from the date of audit in accordance with the regulation of maritime transport article Nineth. The examination, registration and international shipping agent license registration certificate will be issued; not qualified, shall notify the parties in writing and told the reason.     Applicants holding the international shipping agent license issued by the Ministry of the registration certificate to the enterprise registration authority for registration or registration of changes to customs related formalities, taxation, foreign exchange and other departments. Eighth article China corporate application business international ship management business or in China territory established enterprise business international ship management business, should to intends business business location of province, and autonomous regions, and municipalities Government traffic competent sector proposed application, application material should including: (a) applications; (ii) feasibility analysis report, and investment agreement; (three) applicants of commercial registration file (intends established enterprise of, main investors of commercial registration file or ID Ming); (four) fixed business places of proved file ; (Five) Shipping Ordinance 11th article subsection (a) items provides of senior business management personnel of practitioners qualifications proved file; (six) Shipping Ordinance 11th article subsection (ii) items provides of personnel of Captain, and round Captain suitable any certificate copies; about province, and autonomous regions, and municipalities Government traffic competent sector received application people of application material Hou, should in application material full complete of day up 15 a days within for audit. Materials and in accordance with the conditions specified in regulations section 11th of maritime transport, be eligible to be registered, and issue the international maritime auxiliary operation qualifications registration certificate; material untrue or not in compliance with the regulations section 11th 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 shipping agency operators and international ship management operator in the subsidiaries in China-related business shall be in conformity with the regulation of maritime transport of Nineth, 11th provisions and in accordance with the regulation of maritime transport of the tenth, 12th and the provisions of article seventh and eighth to register. Registration application material should including: (a) applications; (ii) feasibility analysis report; (three) mother company of commercial registration file; (four) mother company of international ship agent business qualification registration card or international shipping auxiliary industry business qualification registration card copy; (five) mother company determine the branch institutions business range confirmed file; (six) business places of proved file; (seven) Shipping Ordinance Nineth article, and 11th article provides of personnel of practitioners qualifications or qualification of proved file; (eight) International shipping agency operators to set up branches, the branch concerned with ports and port sectors such as customs electronic data interchange agreements.     Does not have electronic data interchange requirements, should be provided on the port or to the corresponding customs 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 Ministry and submitted to the material provided for in regulation of maritime transport of the 17th. Ministry shall, in accordance with the provisions of regulation article 17th of maritime transport 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 announced on its official website the international liner shipping operator name and Bill of lading format samples. 11th articles of non-vessel operating common carrier business manager Bill of lading registration application, should be submitted to the Ministry of Bill of lading registration applications, sending related material, and should apply to both the material copy local or foreign non-vessel operating common carrier business seat of the designation of liaison bodies of provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments.     Application materials should include: (a) the application; (b) the feasibility study report, (c) business registration document; (d) the Bill of lading format sample; (v) 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 municipalities directly under the transportation departments of people's Governments after the 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. Traffic information the applicant should complete application materials are complete within 15 working days of the date in accordance with the regulation of maritime transport of the seventh and eighth article review.     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. 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 the transportation departments of the Chinese Government 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 16th article of the ocean shipping except in the circumstances prescribed in the third paragraph. 14th Chinese non vessel operating common carrier business branches in China by operator shall, in accordance with the regulation of maritime transport provisions of article eighth deposit and registration in accordance with the provisions of rule section 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's copy of the non-vessel operating common carrier business registration license and (iv) parent company confirms that the business scope of the branch's endorsement and (v) 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 change of Bill of lading should be the new date of Bill of lading Bill of lading of the 15th new samples to the Ministry of communications filing format.     Article 17th NVOCC business applicants deposit Bill of lading registration and, after obtaining the qualification of NVOCC business law, announced on its official website, traffic, 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 specified, traffic, operators of non-vessel operating common carrier business of the commercial bank to open a special account submitted deposit margin, margin interest on demand deposit rate quoted in accordance with the rules of interest. Article 19th bond deposited by a non-vessel operating common carrier business managers, 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, (ii) is the Transportation Department fined according to law.     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 regulation of maritime transport of a given amount, the Ministry shall notify its complement.     Non-vessel operating common carrier business operators from the date of receipt of the written notice of the Ministry in the 30th was not filled, the Ministry shall, in accordance with the provisions of section 15th of the ocean shipping canceled its license. 20th non-vessel operating common carrier business managers was cancelled by the Ministry of law business qualification, application for termination or termination for other reasons, may apply to the Ministry to apply for refund of deposit.    Ministry 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 19th 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, in accordance with the Ordinance on maritime transport, traffic, margin account monitoring program ends.     Relevant disputes resolved by the parties through the judicial process.     Public notice period is not prescribed in the preceding paragraph, the Ministry shall notify the 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.     Article 21st China international shipping operators, China non-vessel operating common carrier business operators, international shipping agency operators, international ship management operator for any of the following circumstances shall be made to the original licensing, registration authorities for the record: (I) change of business name; (b) the enterprise migration and (iii) change investor (iv) 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 provisions of the present rules for the implementation of the fourth chapter of foreign-invested enterprises, engaged in international marine cargo warehousing, international marine shipping container station and yard business operators shall begin to engage in such business activities within 30th of the circumstances to the local provincial, autonomous regional and municipal people's Governments in charge of Transportation Department reported.     Chapter of international maritime transport and its ancillary business activities article 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 regulation article 19th of maritime transport traffic in specified media announcements, and required reporting. 24th international shipping operators increased operational ships, including the bareboat rental ships increased operation of ships, should be in operation before 15th Ministry of communications filing, made 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.     Ministry of communications 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.     Delegate liaison body shall be filed with the Ministry of the record, and submit the following documents: (a) the focal manual stated the name of the contact, residence, contact and contact person; (b) copy of the power of attorney or a copy of, (iii) the copy of the client agreement with the liaison bodies; (d) the 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 within 15th Ministry of communications filing.     Article 26th all 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. 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 should be legally obtained qualifications operators of international shipping agency. 31st international liner shipping operators and non-vessel operating common carrier business operators should be within the territory of China's shipping agent, traffic agents issued Bill of lading specify the media published on. Disclosures including the agent's name, place of incorporation, domicile, contact information.     Agent changes shall be published in the relevant agency before the entry into force of the agreement in the 7th above.     International liner shipping operators, non-vessel operating common carrier business operator shall promptly publish the names to the Ministry of communications filing of proxy matters. 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 communications filing according to the following provisions: (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 International shipping operators or between the China international shipping operators and foreign international shipping operators, mergers, acquisitions, mergers, acquisitions mergers and acquisitions agreements in accordance with the provisions of article 24th of the maritime transport Ministry approval.     Article 34th the following operators in China shipping charge, collect freight and other related costs, invoices issued by the payer should be: (a) the China international shipping operator and its affiliates, (ii) non-vessel operating common carrier business operators and their branches in China, and (iii) international shipping agency operator and its affiliates; (d) the 33rd article of the ocean shipping company. Operators listed in the preceding paragraph shall submit the location of provinces, autonomous regions and municipalities after the traffic authority invoices proved, apply to business taxation authority for invoices.     Otherwise provided for by the State administration of taxation, from its provisions.     35th 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.     36th 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), and 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 Ministry.     Foreign international shipping operators of those materials submitted by their entrusted liaison bodies. 37th 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), and 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     Transportation departments of the municipality.     The relevant province, autonomous region, municipality directly under the transportation departments of people's Governments at information tables and summary information in the year mentioned above should be submitted to the Ministry before March 31. 38th article international ship Agent operators, and international ship management operators, and international shipping goods warehouse business operators and international container station and yard business operators, shall not has following behavior: (a) to non-normal, and reasonable of charges level provides service, hamper fair competition; (ii) in accounting books zhiwai secretly give customer rebate, to contract business; (three) abuse advantage status, limit trading party independent select international shipping auxiliary business operators,     Or its related industry monopoly-induced business parties, the exclusion of competition and (iv) other acts of unfair competition.     39th article foreign international international ship transport operators and foreign international shipping auxiliary enterprise of permanent representative institutions shall not engaged in business activities, including shall not: (a) representative its outside mother company accept set class, issued mother company bills of lading or related single card; (ii) for mother company handle settlement or charged freight and the other costs; (three) issued outside mother company or its mother company in China territory established of Shipping Ordinance 33rd article provides of enterprise of notes;     (D) the shipper status to international liner shipping operator consignment (v) on behalf of the permanent representative offices of foreign business contracts with the customers. Fourth chapter of foreign investment in international maritime transport and its auxiliary businesses 40th to set up Sino-foreign joint ventures, cooperative enterprises engaged in international shipping business, through enterprise to be established the seat of the provincial, autonomous regional and municipal people's Governments authority to apply to the Ministry. Application materials should include: (a) the application; (b) the feasibility study report, (iii) joint ventures or cooperation agreement; (d) investors business registration documents or identity documents;     (E) meet the requirements of the Ministry of advanced business management personnel professional qualifications.     The relevant provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments shall receive the full list of materials within 10 working days from the date the application materials and idea to the MOTC. Ministry shall receive the report of the above-mentioned information and comments within 30 working days of the date, in accordance with the regulation of maritime transport article 32nd, third and fourth paragraphs of the regulations, released by the Ministry of international shipping market competition, 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, 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 fifth article of the implementing rules (iv) to (vi) relevant material, these rules are in accordance with the procedures laid down in article fifth traffic to receive appropriate international shipping trade license.     41st article 33rd of the shipping regulations, established under article of foreign-invested enterprises shall, in accordance with the relevant regulations of the Ministry of communications and the Ministry of foreign trade and economic cooperation. 42nd established foreign-funded enterprises engaged in international shipping business, should seat of enterprise to be established in provinces, autonomous regions and municipalities these rules are submitted to the Ministry of the transportation departments article seventh application materials.     The relevant provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments upon receipt of the full list of these materials shall, within 10 business days of the relevant materials and idea to the MOTC. Ministry 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, 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, shall be approved by the relevant departments to set up enterprise file traffic, according to the provisions of rule seventh to register and obtain a registration certificate for the international shipping agent license. Article 43rd establishment of enterprises with foreign investment engaged in international ship management business should be adopted by the proposed establishment of the seat of the enterprise of the province, autonomous region, municipality directly under the transportation departments of people's Governments of these rules are submitted to the Ministry of application materials for the article eighth.     The relevant provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments upon receipt of the full list of these materials shall, within 10 business days of the relevant materials and idea to the MOTC. Ministry shall receive the report of the above-mentioned information and comments within 30 working days of the date, in accordance with the provisions of maritime regulations section 11th 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, 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 procedures laid down in the implementing rules article eighth to local provincial, autonomous regional and municipal people's Governments in charge of transportation registration, receiving the international maritime auxiliary operation qualifications registration certificate.     44th international marine cargo warehousing business, shall meet the following conditions: (a) a fixed place of business, (b) commensurate with the scope of warehouse facilities, (iii) senior business managers with at least 2 people with 3 years relevant business experience and (iv) other conditions stipulated by laws and regulations.     45th article business international shipping container station and the yard business, should has following conditions: (a) has fixed of business places; (ii) has and business range phase adapted of vehicles, and handling mechanical, and yard, and container check equipment, and facilities; (three) senior business management personnel in the at least 2 people has 3 years above engaged in related business of experience; (four) legal, and regulations provides of other conditions. Article 46th foreign-invested enterprises, engaged in international marine cargo warehousing business, or set up joint ventures, cooperative enterprises engaged in international container station and depot services, through enterprise to be established the seat of the provincial, autonomous regional and municipal people's Governments authority to apply to the Ministry.     Application materials should include: (a) the application; (b) the feasibility study report, (iii) joint ventures or joint venture agreement; (d) investors business registration documents or identity documents; the relevant provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments upon receipt of the full list of these materials shall, within 10 business days of the relevant materials and idea to the MOTC. Ministry shall on receipt of the transfer of such information and comments within 30 working days from the date, in accordance with the provisions of rule 44th or 45th reviewed the decision to approve or disapprove.     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, 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, renewal of the international maritime auxiliary operation qualifications registration certificate.     47th International marine cargo warehousing business operators, container station and depot operators, must hold qualifications registration certificate issued by the Ministry, to charge after customs registration in order to deposit the Customs supervising and managing cargo or container. 48th article foreign international ship transport operators and foreign international shipping auxiliary enterprise in China territory established permanent representative institutions, should through intends established permanent representative institutions location of province, and autonomous regions, and municipalities Government traffic competent sector to Ministry submitted following material: (a) applications, applications should contains Ming intends set institutions name, and established area, and standing in term, and main business range,; (ii) Enterprise commercial registration file; (three) Enterprise introduced, including enterprise established time, and main business range, and     Last year's business performance, number of employees, overseas institutions; (d) the representative power of Attorney, signed by the Chairman or General Manager (v) representative's name, nationality, background and identity documents.     The relevant provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments upon receipt of the full list of these materials shall, within 7 business days of the relevant materials and idea to the MOTC. Ministry shall on receipt of the transfer of such information and comments within 15 working days from the date, the decision to approve or not to approve.     Approved by decision, issued by the Ministry of the foreign (Overseas) sea transport enterprise approval certificate for the establishment of a representative office in China (referred to as the instrument of ratification), application materials are real, not approving, by notice in writing to the applicant and informed reason. Applicant shall from the date of approval of the approved in the 30th, the instrument of ratification to the enterprise registration authority for registration.     Fails to go through the relevant formalities, the instruments of ratification shall automatically cease.     Approval of permanent representative offices based in for a period of 3 years.     49th article changing the name of the representative office, Chief Representative, shall, on the 15th after the change to the Ministry within the record.     Chief Representative of changes, the filing should be submitted when the new resume and copy of ID card of the Chief Representative and representative power of attorney signed by the Chairman or General Manager.     Change the name of the representative office, the filing should be submitted when the original description of the relationship between names and name; is a foreign name change or merger, Division, change the name of the representative office, shall also submit the relevant legal documents.     Information received reported the Ministry shall, without delay after the relevant registration formalities. 50th require extension of the period of the representative office shall, 60 days before the date of expiry to apply to the Ministry.     Application materials include: (a) the application; (b) the Ministry of communications issued copies of instruments of ratification, (iii) copies of registration documents of the representative office.     Representative offices based in term of 3 years each.     Complete receipt of traffic, the applicant within 15 working days from the effective date of the material changes registration and issue a registration certificate.     51st representative offices termination shall be terminated from the date of 10th, traffic reports, by the Ministry to remove the permanent representative offices.     Expiration does not apply for deferred the Permanent Representative Office registration procedures, the representative offices stationed in the qualification you will lose.     Resident representative offices termination, automatic disqualification or cancellation, issued by the Ministry of the foreign (Overseas) sea transport of the company notice of cancellation of the establishment of a resident representative office in China, notify the relevant provinces, autonomous regions and municipalities directly under the transportation departments of people's Governments and the enterprise registration authority. The fifth chapter surveys and 52nd interested party believes that international maritime transport operators, international shipping auxiliary business operator has the 35th of the maritime transport and the 38th article of the implementing regulations, in accordance with the provisions of article 35th of the maritime transport asking the Ministry for investigation.     Request investigations, the investigation shall submit a written application and given the reasons and provide the necessary evidence.    Investigations, traffic, applications should be assessed within 60 days from the date of receiving the application for survey implementation survey or not to investigate the decision: (A) the Ministry think the grounds are not sufficient or insufficient evidence, decided not to investigate and inform the investigation the applicant.     Applicants may apply supplementary reasons or evidence put forward again after the investigation.     (B) according to the assessment conclusions that should be implemented, traffic, investigations or pursuant to article 35th of the shipping regulations decided 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.     53rd survey implemented by the Ministry in conjunction with the State 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. 54th respondents surveyed should be based on the unit's requirements to provide data, information and documents. 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.     55th article survey organ on was survey people "below normal, and reasonable level freight" of finds, should consider following factors: (a) same industry within most operators of freight level and and was survey people has equal scale operators of freight level; (ii) was survey people implementation the freight level of reason, including cost constitute, and management level and profit and loss status,; (three) whether for specific of competition opponents and to exclusion competition opponents for purpose.     56th investigating authorities to "damage competition" or "damage the counterparty" identified, you should consider the following factors: (a) causing obstruction to freedom of choice of the carrier to the shipper; (b) affect the normal transportation of goods (iii) accounts in secret kickbacks contracting goods distort market competition rules.     57th 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. 58th article survey end Shi, survey organ should made survey conclusion, and written notification survey application people and was survey people: (a) basic facts not established of, survey organ should decided terminated survey; (ii) basic facts exists but on market fair competition not caused real damage of, survey organ can decided not was survey people take ban sex, and limit sex measures; (three) basic facts clear and on market fair competition caused real damage of, survey organ should according to Shipping Ordinance of provides,     Taken against the person under investigation, prohibition of restrictive measures.     59th 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.     60th on the 38th of the implementing regulations of the situation 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.     The 38th article of the implementing regulations (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.     61st sixth chapter legal liability in breach of either the shipping regulations and the provisions of these rules shall be punished, or authorization of the Ministry of provinces, autonomous regions, municipalities directly under the transportation departments of people's Governments shall, in accordance with the regulation of maritime transport the sixth chapter and the provisions of this chapter shall be punished.     62nd foreign representative offices have the rules for the implementation of article 39th, the Ministry or the relevant provinces, autonomous regions and municipalities can be informed of the transportation departments relating to industrial and commercial administration departments, industrial and commercial administrative departments in accordance with the regulations of the maritime section 52nd of the provisions of the second paragraph. 63rd liner conference agreement, operation agreement provisions to the Department of transportation and freight agreement is not filed by the Ministry in accordance with the regulation of maritime transport provisions of 48th, these rules are to perform the record penalties stipulated in article 32nd.     Liner is not required, can be members of the Association shall be punished.     64th 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. Seventh chapter supplementary articles article 65th Shipping Ordinance 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.     66th article 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 Department of transportation regulations.     67th 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, mutatis mutandis, the regulation of maritime transport of the fourth chapter, and the rules for the implementation of the relevant provisions of the fourth chapter.     68th Ordinance of maritime transport article 20th published rate tariff filing and protocol specific measures shall be formulated separately by the Ministry.     Article 69th 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. 70th 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 transport regulations, June 9, 1992, issued by the People's Republic of China implementing rules of maritime international container transport regulations, and released on October 17, 1997, the management of representative offices of foreign waterway transport enterprises Repealed simultaneously.