Xian Municipal People's Government On The Revision Of The Xi ' An City, The Decision Of Interim Measures For The Management Of Road Transport Services

Original Language Title: 西安市人民政府关于修改《西安市道路运输服务业管理暂行办法》的决定

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(June 15, 2006 Xian City Government 12th times Executive Conference considered through July 24, 2006 Xian City Government makes 62nd, announced since announced of day up purposes) a, and title modified for: "Xian City Road transport services management approach" II, and first article modified for: "for strengthening road transport services management, protection legal business, and maintenance transport market order, according to People's Republic of China Road transport Ordinance and Shaanxi Province road transport management Ordinance, legal regulations, This municipality actually, these measures are formulated. "Three, and second article modified for:" in this city administrative within engaged in road freight agent, and goods left-, and warehouse, and acting goods, and transit, and transport information advisory, and stowage, and transport, and logistics service (containing sea international container import and export and the inland transit freight business), and passenger agent, and vehicles service, and operating parking service, and received car service, road transport services of units and personal, are should comply with this approach. "Four, and sixth article first items modified for:" city six district range within engaged in road transport services of units or personal, should in accordance with People's Republic of China Road transport Ordinance to city road transport management institutions proposed written application report, road transport management institutions should in 20th within settles approval procedures, on meet conditions of issued road transport business license; in yanliang district, and Lintong district, and terrestrial and the city's County range within, engaged in road transport services of units or personal, Shall be to the district or county road transport authority and approval procedures.
    "Five, delete article sixth.
    Six, deletes Article sixth fourth. Seven and eighth of the first amendment as follows: "to seriously implement relevant State laws and regulations, within the approved scope of integrity, and hanging at the premises of striking the road transport operators permit. "Eight, the eighth article is revised as follows:" in accordance with the People's Republic of China contract law and cars, traffic, and other relevant provisions of the rules of carriage of goods, contracting with the service object. "Ninth, tenth amendment:" road transport services in China must take part in legal knowledge, work ethic, and knowledge of training and assessment, and raise the level of road transport services. "Ten, 11th modified to:" road transport administration to support and guide the development of the road transport sector, and to exercise effective supervision over the management and services. Regular operating conditions on the operators, management and safety inspections. Are checked for units and individuals should take the initiative to provide the report, books, information shall not be refused and obstructed.
    "Third, deleting article 17th.
    In addition, under the provisions of this decision in order to make the appropriate adjustments.
    This decision shall come into force as of the date of.

    Of the XI ' an interim measures for the management of road transport services in accordance with this decision be revised and republished. Attached: Xian City Road transport services management approach (2006 amendment this) (July 6, 1993 Xian City Government released according to November 22, 1999 Xian City Government on modified straddling Xian City Road transport services management provisional approach of decided amendment according to June 15, 2006 Xian City Government on modified straddling Xian City Road transport services management provisional approach of decided Amendment) first article for strengthening road transport services management, protection legal business, and
    Maintaining the market order, according to the People's Republic of China regulations on road transport and the Shaanxi Provincial road transport regulations and other laws and regulations, combined with the city's actual, these measures are formulated.
    Article within the administrative area of the city in road freight, cargo storage, warehousing, tally information, transit, transportation consulting, cargo, freight and logistics services (including international import and export containers and inland transit freight by sea), passenger services, trading agent, stopping service, pick-up service of road transport services, units and individuals shall comply with these measures.
    Third road transport services should carry out overall planning, rational layout, number of operations, coordination and development of policy, encouraging horizontal joint, through quality service, legitimate competition, and gradually form a service network. Fourth in XI ' an city traffic Bureau is the Department of road transport services.
    Road transportation management institutions at all levels are responsible for the implementation of the measures.
    Fifth article application business road transport services of units and personal, must has following conditions: (a) application units is independent, and self-financing of economic entity, application personal is national policy allows of personnel, can independent bear civil responsibility; (ii) has meet provides of Enterprise name, and business institutions and business articles; (three) has fixed of business places, while must has and business business and scale phase adapted of dress up equipment, and anti-rain, and fire, and anti-theft, security; (D) its business in China (staff shall sign a legally binding agreement or contract of employment). Freight forwarding, shipping information consulting, cargo service is not less than 5 business engaged in goods, warehousing, cargo vehicles, transit, services, pick-up service, operating parking services business, not less than 10 people; (e) corresponding to its operating working capital (which should be issued the appropriate credit).
    Freight forwarding, shipping information consulting, cargo services unit not less than 100,000 yuan of liquidity, individuals not less than 50,000 yuan; engaged in the storage, warehousing, cargo, goods transit, vehicle service, pick-up service, operation of parking services unit not less than 150,000 yuan of liquidity, individuals not less than 100,000 yuan. Sixth article business road transport services of units and personal by following program application handle opened procedures: (a) city six district range within engaged in road transport services of units or personal, should in accordance with People's Republic of China Road transport Ordinance to city road transport management institutions proposed written application report, road transport management institutions should in 20th within settles approval procedures, on meet conditions of issued road transport business license; in yanliang district, and Lintong district, and terrestrial and the city's County range within,
    Units or individuals engaged in road transport services, road transport shall be to the district or County regulatory agencies go through examination and approval procedures.
    (B) road transport road transport operators permit issued by the authority, to register with the local industry and commerce, taxation departments to apply for registration.
    Article seventh road transport services business units or individuals require business, business, change, merger, Division or joint venture, migration, 30th to the original authority a written application in advance, upon approval, change or cancellation of registration applications made to the relevant authorities.
    Article eighth road transport services business units and individuals must comply with the following provisions: (a) implement state laws and regulations, within the approved scope of integrity, and hanging at the premises of striking the road transport operators permit.
    (B) in accordance with the People's Republic of China contract law and cars, traffic, and other relevant provisions of the rules of carriage of goods, contracting with the service object. (C) strict enforcement of traffic and price items and standards approved by management, and published in the business place codes.
    Items and custom explicit permission state charges. (D) shall not engage in blockade the area or sector, shall not be in order monopoly, selling source, high input and low output, intermediate way such as exploits for profit.
    Business licenses of non-road transport operators shall not entrust the transport, loading supplies, and so on.
    (E) must use the uniform invoice produced by the tax authorities, no private Bill or other settlement voucher.
    Nineth road transport services business unit and the individual is required to pay taxes and fees, and regular road transport road transport operators permit the issuing management provisions on the submission of statistical reports.
    Article services engaged in road transport must take part in legal knowledge, work ethic, and knowledge of training and assessment, and raise the level of road transport services. 11th road transportation management agencies to actively support and guide the development of the road transport sector, and to exercise effective supervision over the management and services. Regular operating conditions on the operators, management and safety inspections.
    Are checked for units and individuals should take the initiative to provide the report, books, information shall not be refused and obstructed.
    12th for violation of the article seventh, eighth paragraph (a) provided, fined 500 Yuan more than 1000 Yuan fines; others violate the provisions of these measures, in accordance with the People's Republic of China Road transport Ordinance the punishment.
    13th party penalties for road transport authority is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    14th road transport management body and its staff shall enforce laws impartially, establish a public service system, and consciously accept the supervision of operators and the public.
    15th article this way prior to the enactment of road transport services business units and individuals must be from the date of promulgation of this approach in the 30th, go through examination and approval procedures in accordance with article sixth.
    16th representative offices of foreign enterprises, Hong Kong, Macao and Taiwan and the "three-capital" enterprises engaged in road transport services, in accordance with these rules shall apply.
                                                                                                                            17th herein from the date of promulgation of the implementation.