Dalian Sea Transport Service Enterprise Management Regulations (Amended In 2005)

Original Language Title: 大连市水路运输服务企业管理规定(2005年修正本)

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(September 23, 1999, Dalian City people's Government after trapping [1999]91 file, released June 23, 2004 under the Dalian City people's Government to amend some of the amendments of the regulations, the Government decided on August 18, 2005 Dalian municipal people's Government, the 68th of the Dalian City people's Government to amend Part II of the decisions of the municipal regulations amendments) first to strengthen the sea transport service enterprise, promote the healthy and orderly development of water transport, in accordance with the
    People's Republic of China administration of water transport regulations, combined with the city's actual, these provisions are formulated.
    Article in Dalian in the administrative area of the domestic water transport services (run) of the enterprise (hereinafter referred to as sea transport services business), shall comply with this regulation.
    Article III sea transport service enterprises in these rules refers to accept passengers, commissioned by the shipper, the consignee and the carrier, on behalf of the client, for the principal passenger and freight water transport, port operations charge fees as well as other related operational procedures and in accordance with the regulations (except for transport service enterprise for the various modes of transport services).
    Water transportation services business into shipbuilding industry and the passenger and cargo transportation industry. Article fourth of Dalian port and port authority is the sea transport service enterprise's administrative departments, counties (cities), ganjingzi district, and the Lushunkou District, and in Jinzhou district, Dalian Economic and technological development zone is under the jurisdiction of the transportation departments of regional sea transport services in the administrative departments of the enterprise.
    Waterway Administrative Department of transport service enterprises-owned water transport authority is responsible for the day-to-day supervision and management of sea transport services enterprise.
    Article fifth sea transport service enterprise, must be made law, the People's Republic of China Sea transport service licence (hereinafter referred to as the license).
    In Zhongshan, xigang district Dalian shahekou district, and established domestic sea transport service enterprise, the applicant should apply to the city port with the port authority in other counties (cities), set up domestic sea transport service, the applicant should apply to the local transportation Department, issued by the port and port authority and unity of the license.
    Establishment of sea transport service enterprise with foreign investment, should be made by Dalian port and port authority audit and report to the provincial traffic Department go traffic after approval by the Administrative Department of the State Council, made the license.
    Achieved the license units, should also apply to the local administration for industry and commerce business registration, after registration, to be opened. Sixth article established waterway transport service enterprise, must has following conditions: (a) has stable of domestic waterway transport tourist, and supply; (ii) has and business business range phase adapted of institutions and the professionals; (three) has fixed of business places and necessary of business facilities; (four) has meet following provides of minimum limit registered funds: 1, and business ship agent business of for 200,000 Yuan Yuan; 2, and business van transport agent business of for 300,000 Yuan Yuan; 3, and
    While engaged in shipping and passenger and freight transport business of 500,000 yuan. Seventh article bid license of units and personal, should provides following file: (a) waterway transport service enterprise opened application book; (ii) feasibility research report; (three) Enterprise articles draft; (four) intends registered to business administration organ issued of Enterprise name advance approved notice; (five) funds proved; (six) Office business places property proved or rental agreement; (seven) Enterprise head and main practitioners list, and positions, and resume and the identity proved; (eight) legal, and regulations, and regulations provides need mention
    Other files.
    Article eighth of the license will be valid for three years.
    Sea transport service enterprise change of legal representative, business scope, type of economy, should bid for the license program to apply the change; change of matters such as company name, domicile, should go after the industrial and commercial administrative organs for registration of changes, to the original examination and approval authorities.
    Sea transport service enterprise terminates its business operations should be to the original approving Department for cancellation of the license, and to the industrial and commercial administrative organs for cancellation procedures.
    Nineth article ship agent business business range for: (a) contract guest, and supply; (ii) arrangements and contact goods distribution product contains, and handling ship or passenger upper and lower ship; (three) contact ship job by needed draught, and floating crane,; (four) handle passenger transit, and goods transit or store; (five) sale ticket or signed transport contract; (six) settlement, and delivered fare or shipped miscellaneous; (seven) informed shipment or goods to Hong Kong situation, handle carrier acceptance, and goods delivered; (eight) contact ship repair and ship fuel and the other supplies supply;
    (IX) help matters belonging to the carrier's liability and passenger and freight traffic accidents and (j) other matters entrusted by the carrier.
    Tenth Article van transport agent business business range for: (a) contact ship, and set class, signed transport contract; (ii) contact goods handling, and store, signed handling job contract; (three) handle goods extraction, and delivered; (four) settlement pay freight, and fare and port fee; (five) handle goods transport, and job by needed proved; (six) assist processing checked people, and consignee responsibility matters and guest, and freight accident; (seven) passenger or checked people, and consignee delegate of other matters. 11th article waterway transport service enterprise should comply with following provides: (a) shall not over approved of business range engaged in business activities; (ii) on same delegate matters, shall not while accept both or multi party of delegate; (three) branch institutions shall not to himself of name independent engaged in business activities; (four) shall not for no waterway transport business qualification or Super range business of enterprise or ship provides service; (five) shall not monopoly guest, and supply or forced agent; (six) shall not fake, and transfer or altered license
    And business documents and invoices. 12th sea-transport services voluntary consultation with the client should be in line with the principles of contract and fulfill.
    Losses due to negligence, the responsible party is responsible for compensation.
    13th sea transport service enterprises must use the uniform provision of transport services documents and invoices, charged fees should comply strictly with the relevant provisions.
    Waterway transport service companies, according to relevant regulations of the Ministry of communications, the Ministry of finance to pay management fees.
    Service provider shall follow the traffic Administrative Department of water transport requirements, submitted annual statistical reports, and related business information. 14th in violation of this provision, made by the competent administrative Department of transport service enterprises in accordance with the People's Republic of China administration of waterway transportation Ordinance provides for punishment.
    No requirement, sea transport service enterprises by administrative authorities or commissioned by the management bodies of water transport in accordance with the following fine: no illegal income, and fined 1000 Yuan and 10,000 yuan fine; there is illegal income, impose illegal gains up to 3 times x fines, up to 30,000 yuan. 15th Party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Party fails to carry out administrative punishment decision, made the decision of the authorities may apply to a people's Court for compulsory execution. 16th waterway Administrative Department of transport service enterprises managers neglect, abuse, deception, by their work units or by the competent authorities, impose administrative sanctions.
    Serious enough to constitute a crime, shall be investigated for criminal responsibility by judicial organs.
                                                                                                          17th article of the regulations as of the date of promulgation.