Key Benefits:
(The 8th ordinary meeting of the People's Government of Land, 10 May 2005 considered the adoption of the Decree No. [2005] of 28 June 2005] of the People's Government Order No. 7 of 28 June 2005 (effective 1 August 2005) Chapter I General Article 1, in order to preserve the market order of transport services for road goods, regulate the operation of road cargo transport services, promote the healthy development of road goods, protect the legitimate rights and interests of the operators of road cargo transport services and their services, and develop this approach in line with the provisions of the People's Republic of China Road Transport Regulations, the Gang Province Road Transport Regulation and the relevant legal regulations. Article II applies to the operation and management of road cargo transport services within the city's administration. Article III. This approach refers to the following business activities for the provision of related services for road cargo transport services, as described in the following: (i) The operation of freight forwarders, freight forwarders, freight forwarders, integrated services for freight forwarders, freight information, and removal of domestic transport; (ii) Complementary operations for the transport of goods, such as storage, freight, transit and packaging; (iii) Operational activities such as roads and railways, aviation, water intermodal transport services and freight forwarders parking; (iv) Transport logistics services. Article IV is the administrative authority for freight services throughout the city. The Urban Highway Transport Administration (hereinafter referred to as the municipal transport agency) is responsible for the day-to-day management of freight services. Sectors such as public safety, business, tax, price and city administration should be aligned with the management of freight services in accordance with their respective responsibilities. Article 5 The Government encourages various market economic actors within and outside the city to invest in the construction and operation of freight forwarders, freight service information networks and other freight service operations in this city. Article 6. Staff of the Transport Administration, the shipping agencies and other relevant administrations should strictly perform their legal responsibilities, fulfil their commitment system and maintain compliance with the law and civilized law enforcement. In the exercise of the management authority and inspection of freight services, administrative law enforcement documents should be presented on the initiative; in the absence of a corresponding administrative law enforcement document, freight service operators may refuse to check and reflect them in a timely manner. The commune should support, guide the establishment of a market information service system for freight services, provide operational guidance and information advice to both the shipment service operators and undertake other related services as required. The municipal transport administrative authorities and municipal transport agencies should carefully receive complaints from operators and service providers to help them address practical difficulties and related issues. Chapter II Basic management Article 7. The municipal shipping agencies are specifically responsible for licensing nuclear and annual review. Article 8 (i) There are fixed offices and operating premises and the rental of premises shall be lawful and effective rental contracts; (ii) Liquid funds that are adapted to operational volumes and are legally valid trust certificates; (iii) A practitioners with professional training and access to induction; (iv) There are sound organizational institutions and improved internal management systems. Article 9. The construction of the shipment integrated service station and the installation of the freight forwarder car parks should be in line with urban planning and should not be occupied by road facilities. The size, facilities, equipment, institutions, personnel, etc., should be determined on the basis of the quantity of cargo and in line with the requirements of the Ministry of National Traffic for the standard of station-level construction. Article 10 is engaged in the removal of domestic transport services and should have fixed office premises, relatively fixed staff, vehicles and removal tools adapted to business. Article 11. Applications for the operation of freight services shall be submitted to the shipping agency for written requests and submissions of relevant information, which shall be subject to approval and issuance of the eligible licence within 15 days of the date of receipt of the request; and shall not be approved and provided in writing. Article 12 Applications for operations such as the operation of a vehicle freight station, a medium-term joint venture transport service, a cross-provincial intermodal transport, which is subject to conditions, are reported in accordance with the relevant procedures. Article 13 expands the scope of operation, consolidation, separation, relocation, change of services or suspension, and shall be governed by the following provisions: (i) Consolidated or separated, a written request made by the original operator for consolidation or separation, and, after the approval of the shipping agency, the recovery of the original licence and the issuance of a nuclear certificate; (ii) The relocation of new sites and the submission of a request for relocation to the shipping agency for a period of 30 days in advance, with the approval of the operator's declaration on the location; (iii) A new or altered service project, which is submitted by the operator to the shipping agency and, after approval, adds to new or altered business projects in the operating licence; (iv) The suspension or the hotel industry, which was submitted to the commune for 30 days in advance, for a specified suspension of the business, for an application for an accompanying industry to return to the business permit at the same time, with the consent of the commune, 30 days in advance. Article 14. Field freight service operators have established branches in this city, and business procedures should be conducted in accordance with the conditions and procedures set out in this approach. The field freight service operation vehicle is operated by the shipment station at this city, and its operators should register the shipment agency. Article 15. When the operator of the freight service is compensated for the loss of the owner, he shall seek compensation from the responsible person. The freight service operator shall be entitled to a reserve for accident compensation that is adapted to its scope of operation. Article 16 prohibits: (i) No licence to operate cargo services; (ii) Removal, falsification, sale or transfer of business licences; (iii) The use of non-operational vehicles and other facilities by units or individuals for commercial freight services; (iv) Transfer, sale and counterfeiting of transport tickets; (v) Forced freight service operations; (vi) The forced designation of the carrier. The passenger vehicle shall not be delivered or engaged in other freight services, in addition to the baggage taken by the passengers. Chapter III Article 17 operators of freight services shall operate in accordance with the scope of operation approved by the operating licence, the manner of operation, the type of operation and the operation. The shipment service operators should establish an operating registration system, register all matters of operation, make the original records clear and operational procedures, and send the relevant information statements as required by the time period, as required for the annual review of the shipment body. Article 18 The parties involved in the operation of the freight forwarding services should enter into contracts that regulate the conduct of the parties; large cargo, long-term fixed cargo and long-range cargo must enter into written contracts. Article 20 provides services for the transport of special goods, dangerous goods, restricted cargo and voucher shipments, and shall be determined and strictly enforced in accordance with the relevant provisions of the State; and no service shall be provided if there is no valid certificate. Article 21 Operators of freight forwarders shall be subject to the following provisions: (i) Priority is given to the distribution of cargo for spare parts, fast-moval routes; (ii) In the delivery of cargo for air vehicles, the identification of vehicle owners' documents and vehicle technology conditions shall not be sufficient for the documentation and the technical conditions for vehicles that are not required; (iii) A vehicle mark metric to be assigned by a vehicle, which shall not be superficial, supralengage and excessive; (iv) The same route for the distribution of spare parts for the whole goods; (v) No passenger vehicles and unmanned cargo vehicles shall be equipped with cargo. In the case of the freight forwarder, the information provided should be accurate and reliable and accountable for the information provided. The provision of false information is prohibited. Article 23 Operators of freight services should conduct warehousing, freight, transit and packaging operations in accordance with the relevant provisions and technical norms, and the storage of goods should be classified according to the nature of the goods. Article 24 The operators of the freight forwarders shall comply with the following provisions: (i) The service function is complete and the service symbol is a complete awakening; (ii) The integrity and organization of operation; (iii) To establish a brand name at awakening location and to make timely publication of freight lines, classes and arrival stations, medium relays; (iv) Establish regulatory regulations and management organizations for sound fire prevention, fire protection, slander management, health, security and safety. Article 25 Cargoing, freight support and co-shipment operators should enter the operation of the freight forwarders. The operators of cargo services entering the freight forwarding station should regulate their operations and be subject to the management of the shipping and freight forwarders. The operators of the freight forwarding station shall not admit the operators of illegal cargo services without the licence and the non-delivery vehicle station. The freight forwarders and vehicles outside the unit shall not be allowed to operate. Article 26, with the approval of the freight forwarding body, a competent freight service operator may establish branches in the large commodity transaction market and in the distribution of goods to carry out freight service operations. The shipping agency should establish a management point in large commodity transaction markets and in the distribution of goods to manage the shipping services business order. Article 27 operators are required to establish branches or operational escrow points, which shall be subject to corresponding conditions and apply to the shipping agency, which may be established by the approval, and the subsidiaries or operational points shall be subject to a wise place of approval. Unauthorized, the shipment service operator may not establish a receipt point or point of departure outside its operating place. Article 28 should help guide the reloading of the operator to form a relatively stable self-regulation organization. The freight forwarders or market operators should conduct the necessary operational training and regular security education for the removal of loaded workers. In the event of emergency situations such as the seizure, response, war clearance and sudden public health incidents, the shipment service operator should complete the Government's related cargo transport tasks in accordance with the harmonized movement control procedures of the transport administration authorities. Chapter IV Legal responsibility Article 33, in violation of the following acts under this approach, shall be punished by the shipping agency in accordance with the relevant provisions of the Regulations on Road Transport of the People's Republic of China, and the Regulations on Road Transport in the Province of Gangang Province, in accordance with the authority of management: (i) No licence to operate for cargo services; (ii) The scope, manner, type and project operation of the licence authorization; (iii) No licence tests; (iv) Reimbursement, falsification, sale and illegal transfer of licences; (v) Provision of services for the transport of goods without effective proof; (vi) The shipment station admitted the operation of the unmanned vehicle. In violation of this approach, the operators of the freight forwarder are subject to a fine of up to 5,000 dollars in excess of $50 million, without approval of a merger or separation. In violation of this approach, there are one of the following acts, which are committed by the executing agency to put an end to the offence and impose a fine of up to 3,000 dollars; in the event of serious and punishable policing, punishable by the public security authority in accordance with the relevant provisions of the administration of justice; and in the form of an offence, brought to the judiciary criminal responsibility under the law: (i) Forced freight service operations; (ii) The forced designation of a carrier; (iii) Carriage of cargo by passenger vehicles or other freight services; (iv) No urgent cargo tasks such as the seizure, relief, war reserve and public health emergencies have been completed by a unified movement of transport administration authorities. In violation of this approach, there are one of the following acts, which are converted by the institution responsible for orders and fines of 1000: (i) The admission of cargo operators and vehicles outside the unit from the shipping station; (ii) The shipment station accepts the entry into operation of the shipment service without a licence; (iii) The owner of the freight service has established branches or operational point; (iv) The operators of the freight forwarder have unauthorizedly established the receipt point and the point of departure outside their premises; (v) Field freight service vehicles for freight forwarding services in this city, whose operators are not registered with the shipping agencies; (vi) The freight service operator is equipped with cargo for passenger vehicles or for vehicles without a licence. In violation of this approach, the shipment service Operators have authorized the relocation of their premises, which are subject to a shipment agency's responsibility for the duration of service and fine of up to €500,000. Article 33 XV, in violation of the provisions of this approach, shall be punished by the shipping agency or the relevant administration within their respective statutory competence, in accordance with the relevant provisions of the relevant laws, regulations and regulations. Article XVI applies to the parties for the operation of the cargo services, and the relevant administrative authorities and management authorities shall not be consulted within the prescribed time period, as well as the administrative penalties imposed by the offender on the transport administrative authorities and shipping agencies in accordance with this approach may be applied by law for administrative review or administrative proceedings. Article 37 Staff members of the Transport Administration and the shipping agencies play a role in the management of cargo services, abuse of authority, provocative fraud, administrative disposition by their units or superior authorities, and in serious circumstances constitute a crime, bringing to justice criminal responsibility by the judiciary. Chapter V Article 338 deals with the operation of freight services and is implemented in accordance with the relevant national provisions. Article 39 of this approach is implemented effective 1 August 2005. |
