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Xiamen Sea Transport Regulations (As Amended In 2007)

Original Language Title: 厦门市水路运输管理规定(2007年修正本)

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(Act No. 17 of 29 September 1995 by the People's Government Order No. 17 of 29 September 1997 on the basis of the decision of the Government of the Municipalities to amend Partial Regulations, the Decision of the Government of the House of Commons No. 111 of 28 June 2004, the decision of the Government of the House of Commons No. 101 of 16 April 2002 to repeal the regulations of the House of Commons, the decision of the Government of the People's Republic of the House of Commons to amend the Ordinance of the House of Commons, and the decision of the Government of 30 July 2007, the Government of the Republic of the Republic of the Republic of the Republic of the Republic of the city of the Republic of the Republic of the Republic of 30 July 2007, the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic

Chapter I General
Article I, in order to strengthen the management of the water transport industry, to preserve the transport market order, to protect the legitimate operation of the water transport industry, to guarantee the legitimate rights and interests of the shipper and the passengers, to promote the development of the gate city's water transport and to develop this provision in line with the relevant national legal regulations.
Article 2 applies to legal persons, other economic organizations and individuals engaged in water transport services in the city.
Article 3
Article IV, the Municipal Shipowner's Association is a self-management and self-monitoring social group of water transport enterprises (hereinafter referred to as shipping enterprises) in the city and serves as a bridge between the shipping industry and the relevant authorities of the Government.
Article 5 encourages maritime passenger transport, tourism and sea transport between and inter-provincial shipping enterprises in the city. There are difficulties in the operation of shipping companies, and the administrative authorities for water transport should be assisted.
Article 6
Article 7.
The shipping industry has the right to refuse to pay for unlawful assessment, to reject the payment of illegal charges and can be reflected in the city's Entrance, the water transport administrative authorities or other relevant sectors.
Chapter II
Article 8.
Article 9. After the approval by the Ministry of Transport of the licensees of business by the start-up shipping company, the Office of the Provincial Transport (hereinafter referred to as the Business Cardings) is governed by the Transport Office, the Municipal Water Transport Administration, the Industrial Water Transport Administration, and the Industrial Water Transport Management Service, which approves the start-up industry's shipping companies, respectively, to the LRA.
The ship may engage in the transport of the operator of the Carriage.
Article 10
(i) It has more than one year of operation for the transport of coastal waterways in the country, and business operations are at the end of which economic benefits are good;
(ii) In the port area, there are more stable passenger and freight sources;
(iii) The vessel is registered in China under the law and the flag of the People's Republic of China.
Article 11.
(i) It has more than one year of operation for the transport of coastal waterways in the country, and business operations are at the end of which economic benefits are good;
(ii) The head of the company has experience in the management of specialized international water transport and has the corresponding professional secondary and higher-level technical functions; the capacity of key technical, operational personnel to adapt to their operations and the corresponding professional and higher-level technical functions;
(iii) The company's registered capital is more than 15 million in the national currency;
(iv) The possession of self-contained vessels that are adapted to the scope of operation and the registration of vessels by law in China and the flag of the People's Republic of China;
(v) Shipowners with stability, adequate self-ownership or legal procedures;
(vi) Transport documents are consistent with the requirements of water transport legislation and international practice.
Article 12
The approval process shall be submitted to the relevant documents such as the application, the enterprise charter, the feasibility study, the certificate of origin, the certificate of shipworthiness, the certificate of the licensor and the required schedule of the ship's norms, and the “water transport permit” for domestic coastal transport.
The municipal water transport administration authorities shall, within 15 days of the receipt of the information required, make a review of the shipping enterprise, make a decision to authorize or approve the operation directly to vessels carrying a vessel of 1000 loading below (concluding this figure).
Article 13 encourages the introduction of advanced technology equipment and the establishment of medium-sized joint ventures by scientific operators to prohibit the import of old vessels that are not in compliance with the relevant provisions.
Article 14. The establishment of a medium-sized joint venture shipping company shall be subject to a request for construction, a feasibility study, a source of proof or interest and a copy of the contract or intention signed by the joint venture to apply to the municipal water transport administrative authorities for the preparation of the construction process.
The municipal water transport administration authorities shall, within 15 days of the receipt of the required information, advise the approval of the authorized provincial transport office and the Ministry of Transport.
Article 15. Medium-term joint ventures with the approval of the consent to be established shall be established in accordance with the provisions; construction is completed in accordance with the conditions established and is governed by Article 12.
Article 16 provides for a change in the scope of the operation and must have a self-suit ship that is adapted to the scope of the operation. At the same time as an application, the following documents should be submitted:
(i) Applications for changes in the scope of the operation of water transport;
(ii) Changes in the scope of the operation report, which should include a business profile, a requirement for a change in the scope of the operation, a source analysis forecast for the new range of freights, a suitable ship regulation and technical parameters, and economic efficiency analysis;
(iii) A copy of the certificate of shipworthiness;
(iv) List of major shipfarers and copies of their valid job certificates;
(v) The original Water Transport Licence.
The shipping enterprise requests a change in the scope of the operation to be accepted by the administrative authorities responsible for the transport of water routes with the authorization.
Business permitted to change the scope of the operation shall be subject to photocopy of the post-release Water Transport Licence and the Carriage of the ship, to the procedures of the former nuclear agencies.
Article 17
Article 18 The former head of the household is required to reproduce the process of approval by the new head.
Chapter III
Article 19 The shipping enterprise requires that an additional portable power be made available to the administrative authorities for the transport of water by the original approval process.
There is no major transport accident in the previous year, as well as high quality of economic efficiency, with higher credibility and subject to management in the shipment owners, paying taxes as required, and timely issuance of business statistics statement approval.
Article 20
(i) Applications for construction of new water transport vessels;
(ii) A study on the feasibility of ship construction;
(iii) The source of funds proved or intended.
Article 21, after the approval of the construction of a ship, the shipping enterprise may purchase a ship within the framework of approval, and shall not be tested by the ship inspectorate for the ship that has not been granted by the administrative authorities for the transport of water.
The valid period for the preparation of the approval document is one year. There was no acquisition of a ship within one year, depending on its own cancellation.
Article 22 provides for the acquisition of a qualified vessel inspection certificate and the conditions for the operation, and shall apply to the authorized approval authority for the conduct of business activities.
Article 23 requires the sale of vessels by the shipping industry and shall be cancelled according to the original approval process. It must apply for approval by the original approval authority for the removal of the route or reduction of the port (sat, point) for the sale of the ship by the operator and the issuance of a notice week at the point of arrival along the line.
Chapter IV
Article 24
Article 25 Businesss operating passenger transport shall be transported on the basis of the approved route, and shall not be removed from the route or subject to the intentional reduction of the crossings and terminals.
Article 26
For more than half a year, the administrative authorities for water transport should be reported.
Article 27 involves the commercial transport of two vessels purchased by shipping companies from outside of the country, and the acquisition of ship-loads must be in line with the relevant provisions of the Ministry of Transport.
Article 28 allows shipping companies to organize their own goods and passenger sources within the authorized operation. Any unit and individual are prohibited from imposing regional or sectoral closures, monopolies and powerful sources.
Article 29 shipping enterprises engaged in various domestic shipping routes shall use the invoices provided by the State for the water transport industry to settle freight charges.
In accordance with the agreement of the tax and water transport administration authorities, an enterprise may invoices for the transport of the waterway passenger, with the approval of the self-printed invoices limited to the use of transport operations within the enterprise.
Maritime bills used by enterprises engaged in the transport of international routes and shipping routes must be consistent with the relevant national provisions and relevant international maritime practices, as well as reporting to administrative authorities for water transport.
Article 33 is subject to approval by the municipal water transport administration authorities, and the Ministry of Transport approves that the company may rent a foreigner (with a flag of convenience).
Article 31, subject to approval by the municipal water transport administrative authorities, authorized by the Ministry of Transport, that vessels from foreign companies, vessels of domestic shipping companies flying flags of convenience, and other vessels eligible for conditions, could engage in international classes of transport and non-partum transport at the port of the building.
In accordance with the realities of the transport market and socio-economic development, the municipal water transport administration authorities may transfer passenger freight prices in accordance with national price management provisions and, where necessary, establish the maximum price and minimum protection prices for freight. The shipment operators may, at the time of approval, determine their own freight and report to the municipal water transport administrative authorities and the price management case.
Article 33
Chapter V
Article XIV of the present chapter refers to businesses with legal qualifications for the operation, such as the organization of freight source.
Enterprises that operate the following operations:
(i) The various business agencies of the shipping industry (coor, ministry, station, etc.), in addition to serving this enterprise and serving other water transport enterprises;
(ii) The transport procedures for other enterprises and units other than shipping enterprises (concluding intermodal transport enterprises) and sub-offices, the transfer of passengers, cargo, and the operation of the Organization's freight source;
(iii) Enterprises, units and individuals engaged in specialized or part-time ship repair operations;
(iv) Port-au-Prince enterprises have separately accounted for and operate in water transport services.
Article XV Transport services businesses must have self-movable funds, office premises, operating sites, services facilities and specialized practitioners that are adapted to their operations.
In addition to the operation of the exclusive or part-time ship-building operation, a water transport service enterprise may operate to the municipal water transport management after the issuance of the Water Transport Service licence to the business, tax and other sectors.
The application for the licensing of water transport services shall be submitted: applications for the opening industry, office premises, property certificates for operating sites or leases for more than one year of the lease contract, legal test certificates; external provinces for the establishment of a water transport service in this city, municipal applicants and local transport authorities.
Article 37 In operating activities, the principle of mutual benefit and voluntaryness should be respected and transport operations should not be carried out.
Article 338 Transport services enterprises shall submit statistical statements to the Urban Water Transport Administration as required.
Chapter VI
Article 39 Business and water transport services companies are in compliance with this provision, and social benefits and economic benefits are better in operation, and the administrative authorities for water transport should be rewarded.
Article 40
Article 40, in violation of transport price management provisions, is dealt with by the municipal water transport administration authorities or by the municipal water transport administration authorities or by the municipal water transport administration, in accordance with the relevant provisions of the State;
Article 42, in violation of the statistical management provisions of the water transport industry, does not provide for the filling of statistical statements, which are sanctioned by the municipal water transport administrative authorities or the municipal water transport administration authorities, and are closed for a period of time.
Article 43
Article 44 deals with shipping companies and their vessels that are gravely breached by this provision, and prior to their corrective actions, the Urban Water Transport Administration shall draw the relevant inspection services, the port sector and the ship agent sector, such as the port administration supervision.
Article 42 ships for illegal operators without warrant, seriously disrupting the transport market order and may cause injury to passengers or damage to the goods shall be subject to the suspension of their transport.
Article 46 Administrative law enforcement officers of the water transport management may communicate, investigate the evidence to the heads of the water transport, water transport services and transport vessels in the city, the parties, the witnesses, the witnesses, and access the relevant certificates, books, documents and, where necessary, may be reproduced or replicated; and have the right to apply the evidence to the units involved in the breach.
Article 47 should be corrected by staff members of the water transport administration who misuse their functions or go beyond the legitimate rights and interests of the enterprise, and apologize to the parties; management should be given the appropriate administrative disposition, which constitutes criminal responsibility by the judiciary.
Chapter VII
Article 48