People's Republic Of China Regulations On Administration Of Waterway Transportation

Original Language Title: 中华人民共和国水路运输管理条例

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/xzfg/200901/20090100127616.shtml

  People's Republic of China promulgated by Decree No. 544, announced the State Council on changes of People's Republic of China decided to water transport regulations, as of January 1, 2009.

Prime Minister Wen on December 27, 2008 State on modified People's Republic of China waterway transport management Ordinance of decided State decided will People's Republic of China waterway transport management Ordinance 24th article modified for: "waterway transport enterprise and other engaged in business sex transport of units, and personal must according to national provides paid tax, and rules fee (port fee, and ship parked fee); engaged in non-business sex transport of units and personal must according to national provides paid rules fee. "Charges levied measures shall be formulated by the Ministry in conjunction with the competent departments of the State Council.

"This decision shall enter into force on January 1, 2009.



People's Republic of China administration of water transport regulations revised in accordance with this decision, republished.

  People's Republic of China regulations on administration of waterway transportation (May 12, 1987 issued by the State Council on December 3, 1997, the State Council on changes of People's Republic of China administration of waterway transportation Ordinance decision first amendment on December 27, 2008, the State Council on changes of People's Republic of China administration of waterway transportation Ordinance's decision on the second amendment) Chapter I General provisions article in order to strengthen the administration of water transport, maintaining order, improve transport benefits, regulations are formulated.

  Article II of this Ordinance shall apply to People's Republic of China coasts, rivers, lakes and other navigable waters within the water transport and sea transport services business unit and the individual.

The third waterway transport into commercial and non-commercial transport.

Commercial transportation refers to social services, costs of passenger transport (including tourist traffic, the same below) and transport of goods.

  Non-operating transport refers to the unit or service, cost of transport does not occur.

Fourth Director of traffic, the national waterways transport, waterway transport traffic departments throughout the area.

  Around the Transportation Department under the administration of water transport business situation, set the shipping authority. The fifth sea transport under the guidance of the State plan, the implementation of regions, sectors, departments, a number of policy.

  The protection of unfair competition, stopping the illegal business.

  Sixth engaged in sea transport and sea transport services business units and individuals, must comply with the relevant State laws and regulations and issued by the Ministry of sea transport regulations.

Article seventh without People's Republic of China Ministry of permit, foreign-funded enterprises, Sino-foreign joint ventures, Chinese-foreign contractual joint venture shall not operate People's Republic of China coastal waters, rivers, lakes and other navigable waterways. Chapter II establishment of operations management article eighth sea transportation, sea transport services businesses as well as waterway transport enterprises and individuals engaged in commercial shipping, by the Department of transportation under this Ordinance the relevant provisions of the traffic capacity and community balanced review and approval.

Approval provided by the Ministry.

  Greater impact on water transport industry management and approval of non-commercial marine transportation, shall be determined separately by the Ministry, in conjunction with the departments concerned.

  Nineth article established waterway transport enterprise must has following conditions: (a) has and business range phase adapted of transport ship; (ii) has more stable of tourist or supply; (three) business passenger transport of, should implementation passenger along docked Hong Kong (station) points, and has corresponding of service facilities; (four) has business management of organization institutions and head; (five) has and transport business phase adapted of owned liquidity.

  Article tenth sea transport service enterprise, you must have the Nineth conditions laid down in the fourth, with commensurate with the sea transport services business of their own liquidity.

  11th sea transport enterprise units and individuals engaged in commercial shipping, you must have the Nineth conditions provided for under article diyi、er、San、Wu, and identify the lead.

  12th transportation departments should be based on water transport enterprises and other commercial transportation units, personal management, transportation, tourist sources merits its scope.

  13th transportation departments to approve the establishment of water transport enterprises and other units and individuals engaged in commercial transport, to transport permits; to approve the establishment of sea transport services company, to the transport service licence.

  14th transport permits and transport services licensing unit and individual voucher to the local administration for industry and commerce to apply for business registration, license after it has been approved, to be opened.

  15th sea transport enterprise, the sea transport service enterprises and other units and individuals engaged in commercial transport business, shall be filed with the Transportation Department and the Administrative Department for industry and Commerce of business procedures.

16th Ministry and the provincial, autonomous region, municipality directly under the Transportation Department is responsible for integrated and balanced plan classification of water transport.

  Balanced emphasis is required material transport plan, transport materials, goods of foreign trade, which is a national, by the Ministry of State Planning Organization balance belonging to the Yangtze River, Pearl River, Heilongjiang River main provinces by the Ministry of shipping and transportation management organizations accredited to the water balance; belongs to the provinces, autonomous regions and municipalities, by the Organization of the transportation departments of the provinces, autonomous regions and municipalities directly under the balance. 17th determined by the balance of supply and source other than transportation projects, water transport enterprises and other units and individuals engaged in commercial transport, carrier may, within its approved scope of operation on its own organization.

  Areas or departments any units and individuals are not allowed to blockade monopoly source, source.

  18th commercial sea cargo transportation of the carrier and the shipper, must be in accordance with the People's Republic of China on economic contracts law and the provisions of the implementing rules for the contract of carriage of goods by sea, signed a contract of carriage.

  19th sea-transport enterprises and other units and individuals engaged in commercial transport, must follow the relevant regulations of the State collection, transportation and miscellaneous expenses account, and use the provisions of the Ministry of transport documents.

  20th individuals engaged in commercial transport (including lianhu, hereinafter the same) vessels must be in accordance with the relevant provisions of the State insurance.

  21st sea-transport enterprises and other units and individuals engaged in commercial shipping and oil, coal, metallurgy, Commerce, marketing, trade, forestry, electricity, chemical industry, the fisheries sector, must be in accordance with the regulations to the Transportation Department and statistical authorities with operating and non-operating transport statistics.

  22nd sea-no monopoly on the supply of transport service enterprises, forced service must not exceed the stipulated rate of fee-charging.

23rd sea and river port shall, in accordance with the port regulations and schedules, providing port facilities to shipping and business services.

Port of ships entering and leaving the port must comply with the regulations, subject to management.

  Transport of waterway transport enterprises and other business units, between the individual and the port enterprises, on a voluntary basis, operational agent in accordance with the relevant provisions of the contract.

24th sea transport companies and other commercial transportation of units and individuals must pay taxes according to state regulations, fees (parking of port fees, shipping fees), engaged in the transport of non-operating units and individuals must pay a fee in accordance with the national regulations.

  Fees levied measures shall be formulated by the Ministry in conjunction with the competent departments of the State Council.

25th the whole boat people, collective units and individuals engaged in sea transport, legal protection of their legitimate rights and interests are protected by the State, to which no unit or individual may illegally collected or assessed. Third chapter penalty is 26th article violation this Ordinance has following behavior one of of, by County above Government traffic competent sector according to following provides give punishment: (a) without approved, unauthorized established waterway transport enterprise, and waterway transport service enterprise, or waterway transport enterprise yiwai of units and personal unauthorized engaged in business sex transport of, confiscated illegal proceeds, and at illegal proceeds 1 time times above 3 times times following of fine; no illegal proceeds of, at 30,000 yuan above 250,000 yuan following of fine; (ii) waterway transport enterprise, and

Waterway transport service enterprise beyond business range engaged in business activities of, confiscated illegal proceeds, and at illegal proceeds 1 time times above 3 times times following of fine; no illegal proceeds of, at 20,000 yuan above 200,000 yuan following of fine; (three) violation national about provides charged freight or service fee of, confiscated violation provides charged of part, and at 20,000 yuan above 150,000 yuan following of fine; (four) not using provides of transport notes for business sex transport of, depending on plot weight give warning or at 10,000 yuan following of fine;

  (Five) not according to provides paid national provides of rules fee of, ordered deadline paid; late still not paid of, except ordered fill paid by owes fee paragraph outside, at owes payment paragraph 1 time times above 3 times times following of fine; plot serious of, and can temporarily buckle license; (six) monopoly supply, forced agent service of, at 10,000 yuan above 100,000 yuan following of fine; plot serious of, and can temporarily buckle or revoked license. 27th transportation departments of the party who disagrees with the decision of punishment, upward level applied for reconsideration of the transportation departments; the level of traffic on the review decision to the competent authority, from the date of receiving the written reconsideration decision within the 15th to a people's Court.

  Parties not to prosecute or carry out the expiration, the Transportation Department may request the people's Court for compulsory execution.

  28th in violation of this Ordinance shall be subject to administrative penalties for public security, dealt with by the public security organs constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

29th sea transport managers in contravention of this Ordinance, by the Department of transport take disciplinary or financial penalties.

Fourth chapter supplementary articles article 30th of this regulation the following terms mean: sea transport enterprise, refers to the specialized water commercial transport businesses.

  Sea transport service enterprise, refers to the transport agency procedures, cargo transit, supply organizations on behalf of the enterprise, but for a variety of transport modes except for the services of transport service enterprises.

  The 31st article of the Ordinance shall not apply to international routes and waterway transport and rafts as a means of water transportation. 32nd before the publication of these regulations has opened waterways transport enterprises, waterway transport service enterprises and other units and individuals engaged in commercial transport shall, within 180 days from the date of publication of this Ordinance in the applying for the examination and approval procedures.

  For failure to meet the opening requirements, Transportation Department shall order the closure or consolidation of limited duration; clean up invalid, the Administration for industry and commerce shall revoke business licenses. The 33rd article of the regulations come into force on October 1, 1987.