The Ministry Of Transport And The Ministry Of Commerce On Amending The Provisions On The Administration Of Foreign Investment In International Maritime Industry Decision (Amended In 2014)

Original Language Title: 交通运输部、商务部关于修改《外商投资国际海运业管理规定》的决定(附2014年修正本)

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The Ministry of transport and the Ministry of Commerce on amending the provisions on the administration of foreign investment in international maritime industry decision (amended in 2014)

    (April 23, 2014, Ministry of transport, the Ministry of Commerce announced on April 23, 2014, 2014 8th purposes), Ministry of transport, the Ministry of Commerce decided to the provisions on the administration of foreign investment in international maritime industry as follows:

    First, in the fourth "approved by the Ministry of communications and the Ministry of Commerce, allows foreign investors take the form of investment and management of the international shipping industry" amended to read "in accordance with these provisions are approved, allows foreign investors take the form of investment and management of the international shipping industry." II, and will 17th article modified for: "by State approved of Mainland and Hong Kong on established more close trade relationship of arrangements, and Mainland and Macau on established more close trade relationship of arrangements and added agreement, and Strait Shipping Agreement, and Strait on both sides of economic cooperation framework agreement, and Strait service trade agreement and the related added agreement another has provides of, from its provides.

    ”

    Third, sixth, eighth, 14th in the "Department of Commerce" and the 12th, 15th in the "Department of Commerce or its authorized sector" amended to read "local provincial Department of Commerce."

    All four, the provisions of "Ministry" unified revised as "Ministry of transport", for "the transportation departments of people's Governments at the provincial level," unified revised as "the provincial transportation authorities".

This decision as of April 23, 2014.

    Provisions on the administration of foreign investment in international maritime industry be revised according to this decision, publish it again.

    Report: foreign investment in international maritime industry regulations (amended in 2014)

    (Released February 25, 2004 Department of transportation and the Ministry of Commerce on April 23, 2014, Ministry of transport, Ministry of Commerce 2014 8th release, since April 23, 2014, the Ministry of transport, the Ministry of Commerce on changes of foreign investment decision amendments to regulations of the international shipping industry)

    First to standardize the establishment of foreign investment in China by foreign enterprises engaged in international maritime transport operations and ancillary business management related to international maritime transport, protect the legitimate rights and interests of Chinese and foreign investors, according to the People's Republic of China international maritime regulations (hereinafter referred to as the regulation of maritime transport) and the People's Republic of China on foreign-investment laws, administrative regulations, this provision is enacted.

    Second investment in China by foreign international shipping business and international maritime transport-related ancillary business (hereinafter referred to as the international shipping industry), these provisions shall apply.

    Article People's Republic of China Ministry of transportation and authorized by the Ministry of Commerce and the Department of foreign People's Republic of China territory of investment in foreign-funded enterprises engaged in international shipping industry approval and management.

The fourth approved in accordance with this article, allow foreign investment engaged in international shipping industry takes the following form:

(A) the establishment of Sino-foreign joint ventures, Sino-foreign cooperative enterprises engaged in international shipping, international shipping agencies, international shipping, international shipping cargo, international shipping container station and depot services;

(B) setting up a Sino-foreign joint ventures, Chinese-foreign cooperative, wholly foreign-owned enterprises engaged in international marine cargo warehouse operations;

    (C) the establishment of Sino-foreign joint ventures, Sino-foreign joint venture, wholly-owned foreign enterprise for investors owned or operated ships provide daily service.

The fifth international shipping enterprises with foreign investment established under article, subject to the following conditions:

(A) have suitable ships engaged in international maritime transport operations, which must have ships;

(B) the operational maritime traffic safety and technical standards of the ship comply with national regulations;

(C) the Bills of lading, passenger tickets or multimode transport documents;

(D) the Department of transportation under the qualification of senior operational managers;

(E) in the form of joint ventures or Sino-foreign cooperative enterprises to set up foreign capital contribution shall not exceed 49%;

(F) the Chairman and General Manager of the enterprise, specified by the investing Parties after consultation by the Chinese side;

    (VII) other conditions stipulated by laws and administrative regulations. Sixth article established foreign investment enterprise business international ship transport business, should first according to Shipping Ordinance and the People's Republic of China Shipping Ordinance implementation rules (following referred to Shipping Ordinance implementation rules) of provides to traffic Transport Department proposed application, by traffic Transport Department license Hou, applicants should according to national foreign investment legal, and administrative regulations of provides, by traffic Transport Department of license file to location provincial government business competent sector submitted this provides 15th article provides of file,

To the provincial departments in charge of Commerce, where the establishment of enterprises with foreign investment approval procedures, and obtained the approval certificate for foreign-invested enterprises.

The applicant shall hold a license of the Ministry of transport documents and issued by the provincial people's Government departments in charge of Commerce and other relevant documents of the foreign-invested Enterprise approval certificate, registered with the industrial and commercial administrative organs for industry and commerce in accordance with law to obtain business licenses.

    After the establishment of foreign-funded international shipping enterprises according to law, the applicant should be issued by the Administration for industry and commerce business license apply to the Ministry of transport of the international shipping business licenses, obtained licenses before they can engage in international shipping operations.

The seventh foreign international shipping agency enterprises, subject to the following conditions: (A) senior business managers with at least 2 people with 3 years experience in international maritime transportation business activities.

Senior business managers is a secondary or intermediate professional title at the international maritime enterprises or international shipping auxiliary enterprises of Chinese citizens as a Department Manager or above;

(B) a fixed place of business and necessary business facilities, including electronic data exchange with the port and the Customs and Excise Department;

(C) in the form of joint ventures or Sino-foreign cooperative enterprises established, proportion of foreign investment shall not exceed 49%;

    (D) other conditions stipulated by laws and administrative regulations. Eighth article established foreign investment enterprise business international ship agent business, should first according to Shipping Ordinance and the Shipping Ordinance implementation rules of provides to traffic Transport Department proposed application, by traffic Transport Department license Hou, applicants should according to national foreign investment legal, and administrative regulations of provides, by traffic Transport Department of license file to location provincial government business competent sector submitted this provides 15th article provides of file, to location provincial government business competent sector handle foreign investment enterprise of established approval procedures,

Approval certificate for foreign-invested enterprises achieved.

The applicant shall hold a license of the Ministry of transport documents and issued by the provincial people's Government departments in charge of Commerce and other relevant documents of the foreign-invested Enterprise approval certificate, registered with the industrial and commercial administrative organs for industry and commerce in accordance with law to obtain business licenses.

    After international shipping agency enterprises with foreign investment established in accordance with law, the applicant should be issued by the Administration for industry and commerce business license apply to the Ministry of transport of the international shipping agent license registration, qualification certificate before they can engage in international shipping agency business operations.

The Nineth international ship management enterprises with foreign investment established under article, need to meet the following conditions:

(A) senior business managers with at least 2 people with 3 years experience in international maritime transportation business activities;

(B) commensurate with the type of management of the ship and the area of the master, the Chief Engineer certificate of competency of personnel;

    (C) equipment, in conformity with international ship management business facilities.

Tenth article established foreign investment enterprise business international ship management business, should according to Shipping Ordinance and the Shipping Ordinance implementation rules of provides to traffic Transport Department proposed application, by traffic Transport Department license Hou, applicants by traffic Transport Department of license file and submitted this provides 15th article provides of material, according to national about foreign investment of legal, and administrative regulations of provides to enterprise location provincial government business competent sector handle foreign investment enterprise approved certificate.

    After the international ship management enterprises with foreign investment established by law, the applicant shall hold to the local administration for industry and commerce business license issued by the head of the provincial Transportation Department for the international shipping auxiliary operation qualifications registration certificate, obtain the registration certificate before they can engage in international ship management business activities.

11th article established foreign investment enterprise business international shipping container station and yard business, and international shipping goods warehouse, should according to Shipping Ordinance and the Shipping Ordinance implementation rules of provides to traffic Transport Department proposed application, by traffic Transport Department license Hou, applicants by traffic Transport Department of license file and submitted this provides 15th article provides of material, according to national about foreign investment of legal, and administrative regulations of provides to enterprise location provincial government business competent sector handle foreign investment enterprise approved certificate.

Foreign investment in international maritime container station and Depot company, international marine cargo warehousing after the establishment of enterprises according to law, the applicant shall hold to the local administration for industry and commerce business license issued by the head of the provincial Transportation Department for the international shipping auxiliary operation qualifications registration certificate, obtain the registration certificate before they can engage in related businesses.

    Enterprises with foreign investment in international maritime cargo handling, in accordance with relevant State regulations.

12th foreign-funded enterprises have been established for additional international shipping or international shipping auxiliary businesses, should be established in accordance with the relevant procedure going through corresponding formalities in international shipping enterprise with foreign investment.

Already established foreign-funded international shipping companies to set up branches, shall be in accordance with the relevant foreign investment laws, administrative regulations and the shipping regulations and the provisions of the implementing rules for the regulations of maritime transport to the Ministry of transport and local provincial Department of Commerce going through corresponding formalities. International shipping enterprises with foreign investment have been established the joint venture contract, articles of Association relating to capital, shareholding structure, scope, and other important content changes, foreign investment should be governed by laws and administrative regulations to provincial Commerce authorities where relevant formalities.

    Change the article 21st of the detailed rules for the implementation of the regulation on maritime transport matters, shall be filed with the Ministry of transport for the record.

    13th foreign shipping companies to set up Sino-foreign joint ventures, Sino-foreign joint venture, wholly-owned foreign enterprises, for investors to ships owned or operated by providing contracting goods, signed on behalf of the Bill of lading, with shipping, signed on behalf of daily business services such as service contracts, its application to establish procedures, in accordance with the Ministry of transport and the Ministry of Commerce jointly issued by wholly foreign-owned shipping company and approval of related regulations.

    Foreign-funded enterprises operating in China by 14th non-vessel operating common carrier business, should, in accordance with the maritime regulations and the provisions of the implementing rules for the regulations of maritime transport, to apply to the Ministry of transport registration of the non-vessel operating common carrier business registration license and in accordance with provisions of laws and administrative regulations on foreign-invested, to the local provincial Department of Commerce approval procedures.

15th the applicant to apply to the Ministry of transport, shall be submitted to the maritime regulations and the provisions of the implementing rules for the regulations of shipping materials to apply to the provincial people's Government departments in charge of Commerce, shall submit to the approval authority the following documents:

(A) the application;

(B) feasibility studies;

(C) the JV contract and articles of Association (a wholly-owned enterprise only submit articles);

(D) the registration certificate and the credit certificate of investors file;

(E) the Chairman and General Manager of the identity to be established;

    (Vi) other documents required by laws and administrative regulations.

    16th Chinese Hong Kong S.A.R., and Macau S.A.R. and Taiwan investors in other Chinese provinces, autonomous regions and municipalities invest in international shipping and international shipping auxiliary enterprises, with reference to these regulations.

    17th approved by the State Council of the Mainland and Hong Kong closer economic partnership arrangement and the Mainland/Macao closer economic partnership arrangement and the supplementary agreement as well as the cross-strait shipping agreement, the economic cooperation framework agreement, the agreement on trade in services across the Taiwan Strait and related supplemental agreement otherwise provides, from its provisions.

    18th article of the regulation by the Ministry of transport and the Ministry of Commerce is responsible for the interpretation. The 19th article of the regulations come into force on June 1, 2004.

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