Guangzhou City, Guangzhou Municipal People's Government On The Revision Of The Decisions Of The Management Measures Of Road Freight Transport Market

Original Language Title: 广州市人民政府关于修改《广州市道路货物运输市场管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379291.shtml

Guangzhou City, Guangzhou Municipal People's Government on the revision of the decisions of the management measures of road freight transport market

    (May 14, 2012 at the 15th Guangzhou people's Government Executive Meeting July 30, 2012, people's Government of Guangzhou City, the 82nd release come into force on the date of promulgation) 14th 15 meeting of the Municipal Government decides on the carriage of goods by road, Guangzhou City, market regulation read as follows: Article delete a previous 16th, (b) and the 17th.

    Related provisions number changes. Bis, former 18th is amended as: "the road transport operators license, traffic administration authorities may temporarily transport vehicles and related equipment, and make a decision within the time limit specified; no business license or beyond the approved scope of business engaged in freight forwarding license transactions, by the Administrative Department for industry and commerce under the unlicensed investigation against measures and other related provisions of the law. His liability shall within 90 days to the designated authorities receive treatment.

    ”

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

    The Guangzhou road freight transportation market management measures under this decision revised republished.

    Report: Guangzhou road freight transportation market management approach 2012 (revised) (June 5, 1995, people's Government of Guangzhou City (1995) 60th publication, people's Government of Guangzhou City, January 13, 2005, (2005), 1th, first amendment, July 30, 2012, second amendment, people's Government of Guangzhou City, the 82nd)

    Chapter I General provisions

    Article to regulate road freight transport market and road freight transport transactions, maintaining the order of road transportation, according to Guangdong Province, and the relevant provisions of the regulations on road transport, combined with the city's actual, these measures are formulated.

    Article freight transportation market to take place in the administrative area of the city (hereinafter referred to as the freight market) and engaged in the carriage of goods transactions (hereinafter referred to as cargo trading) units and individuals shall comply with these measures. Article on traffic administrative departments are the city's freight market and freight trading departments in charge of industry.

    District, county-level cities traffic Administrative Department in accordance with the regulations, is responsible for managing the area's freight market and monitor freight trading activities.

    Fourth industrial and commercial Administrative Department for freight trading activities involved in supervision and management.

    Public security, taxation, price and other administrative departments should, based on their respective functions, assist in the Administrative Department for transport management freight market.

    Freight market in article should be included in urban planning, the municipal traffic Administrative Department for co-ordination, distribution and regulation.

    Opening chapter review and registration

    Sixth application for launching freight transport market, as well as cargo trading units and individuals shall comply with the following conditions: (A) a fixed place of business.

    Rental others housing, and site facilities as business Office places of, due 1 years above legal effective of rental contract; which business freight agent business of, business with room area not less than 30 square meters; business freight stowage business of, business places area not less than 15 square meters; business warehouse acting goods business of, its permanent warehouse area not less than 200 square meters, or site area not less than 1000 square meters; business store vehicles business of, its closed hard to of area not less than 200 square meters.

    (B) must be commensurate with the volume of liquidity outside, there should be not less than 100,000 yuan of funds or assets can also hold this amount of legitimate credit certificate or financial guarantee deposit as compensation for accidents.

    (C) operate freight, you must have more than 3 sales operate across the province, the city of the carriage of goods by road, according to TRANS-provincial highway transportation management regulations, cargo owners, should consist of a supercargo, warehousing the tallymen, sales, loading and unloading.

    (D) employ staff signed a valid contract of employment.

    (E) should be equipped with safety, fire-fighting equipment, business of warehousing the tally, there should also be compatible with warehousing and cargo handling equipment.

    (F) storage and transport of dangerous goods shall be governed by the relevant provisions of the process.

    Article seventh start-up deals with freight cargo market and trading units and individuals must be in accordance with the following provisions:

    (A) to set up freight transport market, apply to the traffic Administrative Department of the road transport operators permit.

    (Ii) business goods transport, and freight agent, and freight stowage, and warehouse acting goods, and store vehicles of, to car nationality and business places location of road transport management institutions apply for road transport business license; Central, and province standing Spike and municipal units and the foreign investment enterprise business of, to city road transport management institutions handle about procedures; across province, and city business freight stowage and transport of, by across provinces Highway goods transport management of about program approval.

    (Three) business goods transport of, also must holding road transport business license, and license, and tax registration card, and vehicles acquisition additional fee card to administered by of traffic administrative competent sector apply for People's Republic of China Road transport card; which business period discontent 90 day of, to temporary operating card; non-operating vehicles for one-time operating of, should to administered by of traffic administrative competent sector handle about procedures. Eighth of municipal, district, county road transport management body shall from the date of receiving the applications for approval on review replies to the 20th.

    Meet the required conditions, issuance of permits related to the documents.

    Nineth offer freight markets and freight transactions of units and individuals, registered according to the following provisions:

    (A) in urban range within, opened freight market and in freight market within engaged in business activities of enterprise and personal, to City Business Administration Council market trading Management Branch (following referred to market Branch) handle registration registered; engaged in freight trading of company and freight market outside of municipal enterprise and the Central, and province, and field in Guangzhou opened of enterprise, to City Business Administration Council handle registration registered.

    (B) in built-up areas within other areas engaged in freight trading enterprises, private enterprises and individuals to the area shall be registered with trade and industry.

    (C) run in County-level city within the freight market as well as enterprises and individuals engaged in cargo trade to the city Secretary for trade and industry to be registered.

    Bureau of industry and Commerce and marketing branch registered freight forwarding market and freight trading business, branch is responsible for the supervision and inspection by the market in other registered with industrial and commercial administration departments, the original registered industrial and commercial administrative departments responsible for supervision and inspection.

    Article tenth market of goods and freight trade operators need to merger, Division, transfer, rename, and change management projects, should be administered by the 30th the traffic Administrative Department of change procedures; closed for business, should be administered by the 20th the traffic Administrative Department of registration procedures. 11th before the implementation of these measures has been opened and not included in the freight market management units and individuals shall from the date of implementation of this approach in completing the formalities as provided herein within 30th through examination, granted operating licenses.

    Failed to pass the examination shall operate.

    Chapter three freight and freight Exchange 12th municipal pipe Terminal freight market regulatory bodies may be established (hereinafter referred to as market management agency), strengthening of the freight market operations and freight transactions management, supervision.

    Its functions are:

    (A) development of market management system and trading rules.

    (B) the cargo market as well as in the management of their freight trading activities, protection of legitimate business, to investigate and punish illegal, illegal acts.

    (C) handling qualifications operators enter registrations have been made.

    (D) the business dispute mediation between operators in the field.

    (E) in accordance with state tax, withholding tax and levying fees and handed over in a timely manner.

    (Vi) conduct market research, establish the administrative account, monitor market behavior.

    (VII) to the operators to carry out publicity and education laws, regulations, policies and ethical.

    (H) issue a single lane road.

    (IX) other management responsibilities as stipulated by the State.

    City traffic management Terminal in accordance with the provisions of this article, management of the area's freight market.

    13th freight market opened should comply with the following provisions:

    (A) improve the management system, the establishment of internal management organization, staffed with full-time personnel and relevant equipment, facilities, and develop and implement fire safety, security, health and security requirements.

    (B) responsible for interior repairs, maintenance, and updates.

    (C) space rental contract with the entry management industry door, and as stipulated in the price Department of the fees charged.

    (D) the establishment of accounting system, payment of taxes and fees.

    (E) assist the market Administration Office, transport and trade order.

    (F) establishment of trade settlement, information and service sectors, and for the owner, the owner of the vehicle, loading operators to provide ancillary services, and the provision of fee-charging of prices.

    14th freight traders must comply with the following provisions:

    (A) compliance with national, provincial and municipal government regulations about cargo transactions, compliance with market management system and trading rules, compliance managers, and follows the principle of good faith.

    (B) the operating license approved scope of business, business projects, location of business management.

    (C) the establishment of accounting system, and according to national, provincial and municipal traffic Administrative Department and price items, basic rates of fees specified by the Department, using the provisions of the Inland Revenue Department's invoice.

    (D) the use of the Guangzhou Municipal Bureau of traffic uniformly by road freight transport.

    (E) in accordance with the regulations to supply the relevant reports and statistics.

    (F) management of freight loading, stowage information shall be subject to high tariff low tariff to transfer to undertake such practices, scalping or reselling in disguise sources make huge profits.

    (G) commercial vehicles should hold valid documents issued by the traffic Administrative Department, stated in the market place to park.

    (H) vehicle and cargo transport across the provinces must use the uniform issuance of the contract of carriage of goods by road, Guangzhou City, text, cargo transportation logo sign.

    (I) inter-provincial freight operators must enter the approved places of operation.

    15th freight trade operators in the freight market deals may not leave the Court, and offenders by discontinued operations, accident compensation deposit can be deducted from the relevant taxes payable, excess return operator in the field.
The fourth chapter legal liability

    16th under any of the following acts, administered by cross tube station shall be punished:

    (A) has not received a business operating without authorization in the road transport, shall be ordered to suspend, confiscate the illegal income, and press 1 time times the illegal income amount to twice times the fine.

    (B) concealing revenues, or rate of evasion of revenue to other income, apart from the outside shall be ordered to pay, and fee evasion 1 time to twice the amount of the fine.

    (C) without accepting the market operator, and confiscation of all illegal gains and illegal gains 1 time to twice the amount of a fine, in serious cases, suspension of the road transport operators permit.

    (D) without prior approval to override or change of the road transport operators permit approved business scope, operating locations, ordered to correct things, and fined 500 Yuan more than 1000 Yuan fines respectively.

    (E) freight through improper means, disturbing others ' normal operating activities, and impose a fine of 500 Yuan, in serious cases, confiscated all of its illegal income, and may be ordered closed.

    (Vi) does not require the use of municipal transportation Bureau of printing of the carriage of goods by road, Guangzhou City, and imposed fines of the actual volume of 10% to 30%.

    (VII) is not required to fill in and submit reports and statistical information, be warned; repeat offenders fined 300 yuan in fines.

    (VIII) dominate, faking a strong discharge, forcing agents confiscated all illegal gains, and a fine of 1000 Yuan fine, serious and ordered closed.

    (I) the freight forwarding, cargo, information services manager with high tariff low tariff to transfer to undertake such practices, scalping or reselling in disguise the source, profiteering, confiscation of all illegal gains and illegal gains 1 time to 3 times the amount of the penalty in serious cases, ordered closed until the revocation of the road transport operators permit.

    (J) the mishandling handling losses, in addition to ordering compensation for losses, losses to 30% of the serious cases, ordered closed.

    (11), forged, altered, transferred, resold private road transportation tickets, single (certificate) and entry documents, in addition to confiscation of all tickets, single (certificate) and illegal gains, but with more than 1000 Yuan 2000 Yuan fine.

    Revoking the permit for road transport operators, road transport also drew attention to the Administrative Department for industry and commerce shall revoke business licenses. Article 17th road transport operators license, traffic administration authorities may temporarily transport vehicles and related equipment, and make a decision within the time limit specified; no business license or beyond the approved scope of business engaged in freight forwarding license transactions, by the Administrative Department for industry and commerce under the unlicensed investigation against measures and other related provisions of the law.

    His liability shall within 90 days to the designated authorities receive treatment.

    18th violates the rules of taxation, prices, public security regulations, processed by the departments concerned.

    19th party not satisfied with the administrative punishment law may apply for reconsideration, is not satisfied with the reconsideration decision may initiate proceedings in accordance with law.

    If no application for reconsideration, the parties not to prosecute without the implementation of the decision on administrative penalty, the Administrative Department has made the decision apply to the people's Court for compulsory execution.

    Apply for reconsideration or litigation during the implementation of administrative penalty shall not be suspended.

    20th obstruction, battery Executive corporate management personnel, blackmail, deception or pretending to be a management personnel should be given administrative penalties for public security, dealt with by the public security organs according to law; violated, shall be investigated for criminal responsibility by judicial organs.

    Article 21st administration who abuses his power, favoritism, corruption and bribery, shall be subject to administrative and economic responsibilities; violated, shall be investigated for criminal responsibility by judicial organs.

    The fifth chapter by-laws

    22nd road freight transport market in these measures refers to the bearing, supporting the provision of transport services to the place or places; cargo transport trade is engaged in road freight transport and related cargo agents, freight, warehousing and cargo handling, storage fees and other business activities.

    Freight agent is entrusted by the people, provide transportation for its procedures, in kilobytes, generation, transportation of cargo operations.

    Freight loading refers to the provision of vehicles and goods information, cargo, cargo car brokering activities.

    Warehousing tally refers to someone else's goods to be transported, during relays provides storing, sorting, collating and other paid services.

    Refers to store vehicles for the carriage of goods by various types of space vehicles, and on behalf of paid services such as custody.

    23rd these measures come into force on the date of promulgation.