Domestic Water Transport Industry Regulations

Original Language Title: 国内水路运输辅助业管理规定

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Domestic water transport industry regulations

    (January 2, 2014 2014 3rd release from the Ministry of transport as of March 1, 2014) Chapter I General provisions

    First to standardize the internal waterways transport business, maintaining the waterway transport market order and promoting healthy development of water transport, according to the domestic water transport management Ordinance enacted in this regulation.

Second domestic waterway transport business management application of this provision.

    Waterway transport operations mentioned in these regulations, including ship management, ship agency, waterway passenger transport agent, water transportation agency waterways complementary business activities.

Article III Ministry of transport responsible for supporting operations management of water transport nationwide. The people's Government above the county level transportation departments of waterway transport operations management within their respective administrative areas.

    The people's Governments above the county level shall be responsible for the administration of water transport departments or agencies (hereinafter referred to as the administration of water transport sector) specific implementation supporting operations management of water transport.

    Article fourth sea transport business, law, fair competition, honesty and trustworthiness.

    Chapter II waterways transport operators

The fifth section engaged in the business of managing, the applicant shall meet the following conditions:

(A) have the status of enterprise legal persons;

(B) meet the requirements of the shipping engineering management personnel;

(C) have a sound safety management agency staffing establishment and safety management systems, safety management systems, safety supervision and inspection system and accident emergency system, safety procedures, safety management system, and its application management adapted to the type of ship safety and pollution prevention management system;

    (D) other conditions stipulated by laws and administrative regulations.

Sixth ship management business operators shall fulfill the following requirements of the Allied shipping, technical management personnel:

(A) the ship management business operators shall be equipped with at least the shipping, maintenance Manager 1, equipped with a specific number shall conform to the requirements set out in the annex;

(B) the shipping maintenance management personnel professional qualifications corresponding to its scope, has the management of ship types and navigation area correspond to the captain, the Chief Engineer of the professional qualifications;

    (C) maritime, maintenance managers, the ship safety management, equipment management, marine security, emergency management and other business knowledge and management capacity commensurate with the scope of its operations, physical conditions and adapt to the call of duty.

    Seventh section engaged in the business of managing, or change the business of managing scope, should be set to the local district of the municipal people's Government, the administration of water transport departments submit an application and that the applicant is in line with the requirements of the relevant material. Eighth District of the municipal people's Government, the administration of water Transport Department upon receipt of the application, it shall be verified or require the applicant to supplement the material.

And accepting the application within 5 working days from the date of preliminary review comments and report all application materials to the provincial people's Government, the administration of water transport sector. Provincial administration of waterway transportation Department shall review the business qualifications of the applicant.

Eligible, shall make a decision within 20 working days, issue to the applicant the domestic ship management business license; does not meet the criteria of, not to permit and notify the applicant in writing reasons for disapproval.

    The domestic ship management business license should be issued through the national waterway transportation administration management information system, and the progressive realization of administrative license online. Nineth Chinese ship management business license is valid for 5 years. Ship management business operators shall before the expiry date of the document to the licensing authority within the 30th of the replacement application.

    Original licensing authority should be reviewed in accordance with these provisions, eligible, be renewed.

After the following article tenth ship management business operator shall, within 15 working days in writing to the licensing authority for the record, and provide relevant evidence:

(A) the legal representative or principal shareholder change;

(B) fixed office space changes;

(C) shipping technical management personnel changes;

(D) ship management over major security incidents;

    (E) accept management changes in shipping or entrusted management agreement.

    The 11th ship management business operator terminates its operation shall, within 15 working days from the date of the termination of the original licensing authority for cancellation procedures, return the license.

12th shipping agency, waterway routes passenger transportation, sea freight forwarding business, grant from the Administration for industry and Commerce departments within 15 working days from the date of registration, to the local district of the municipal people's Government, the administration of water Transport Department filing procedures and submit the following materials:

(A) the application form;

(B) the copy of the business license;

(C) the identity documents of the legal representative.

    District municipal people's Government, the administration of water transport departments should establish archives, announced to the public in a timely manner for the record.

    13th shipping agency, waterway routes passenger transportation, sea freight forwarding business operator name and fixed work places and contact information, legal representative, business scope and other matters change or terminate the business, you should change or terminate the business changes within 15 working days from the date of filing.

    Chapter III sea transport business operations

    14th ship management business operators shall maintain appropriate operating qualifications, domestic ship management business license in accordance with the approved scope of business engaged in the business of managing.

    15th ship management business operator may not rent, lend the ship management business license, or in any other form of illegal transfer of the business of managing license.

16th ship management business operators providing ship management services entrusted, shall conclude a written agreement with the delegate, delegate the rights and obligations of the parties set forth.

    Ship management business operator shall ship management agreement and its location and port of people's Government above the county level administration of waterway transportation Department.

17th ship management business operator shall, in accordance with relevant regulations of the State and ship management agreement, shall be responsible for the shipping maintenance and safety and pollution prevention management.

Ship management business operator shall maintain the effectiveness of safety and pollution prevention management system, fulfilling obligations concerning ship safety and pollution prevention management. Ship management business operators should delegate its maritime, maintenance managers regularly boarded the ship safety technical performance, crew skills and so on, and recorded in the log accordingly.

    Common carriers inspection intervals not longer than 6 months, check every passenger vessels and dangerous goods is not longer than 3 months. 18th the ship management business operator shall ship safety and pollution incidents within 3 working days, the accident to the local people's Governments above the county level administration of waterway transportation Department reports.

    Accident investigation department within 5 business days after identifying the cause of the accident, accident investigation and concluding observations to the local people's Governments above the county level administration of waterway transportation sectors written reports.

    19th the shipping agent and waterway passenger transport agency, waterway transportation agency entrusted to provide proxy services business operators shall conclude a written contract with the delegates, in accordance with the relevant provisions of the State and contract handling business.

    20th port operators must not be the owner or operator and cargo shipper, consignee specified waterway transport operators, ship, sea freight forwarding services.

    21st port operator shall be subject to the vessel owner or operator and the cargo shipper, consignee to complete ships or goods in and out of port formalities and facilitate.

22nd sea transport business operators shall not be any of the following acts:

(A) to the identity of the carrier engaged in sea transport operations;

(B) for failing to make sea transport business license or beyond the scope of providing supporting services to water transport operators;

(C) does not enter into a written contract, forcing the agent or agency business;

(D) abuse of a dominant position, limit the client selecting other agent or ship management service providers;

(E) publishing false information out of business;

(F) improper or irregular acts to provide other supporting services to water transport, disturbing the market order;

    (VII) other behaviors prohibited by laws and administrative regulations.

23rd sea passenger transportation agency business managers should ticket venues and ticketing Web site published in the apparent position of ship, regularity, frequency, fare and other information.

    Water passenger transportation business operators shall sea passenger ticket sale business fares for public transport of passengers, shall not be imposed in different fares for the same conditions, shall not be tying, cashback, charges or other improper means to change published fares and improper benefits.

    24th sea transport operators should use standardized, consistent with the relevant laws and regulations and the provisions of the Ministry of transport tickets and transportation documents.

    25th sea transport operators carrying out its operational activities should establish a business record and manage accounts, submit statistical information in accordance with regulations.

    26th waterway transport operators on their business activity known in the trade secrets and personal information shall be kept confidential.

    Supervision and administration of the fourth chapter

    The 27th Ministry of transport and water management departments shall, in accordance with relevant laws and regulations and the provisions of the sea transport business activities and supervise business qualification.

Supervision and inspection in article 28th of waterway transport industry, you can take the following measures:

(A) to the sea transport business operators to understand the situation, asking for documents, files, and other related materials;

(B) suspected of illegal contracts, bills, books to read, copy and other information;

(C) entering the waterway transportation secondary places of business operators engaged in business activities in the field to understand the situation.

    Assisting business operators shall cooperate with the supervision and inspection of water transport, provide truthful information about vouchers, documents and other relevant information.

    29th in waterway transport authorities in supervision and inspection, to know check the business secrets and the confidentiality of personal information according to law. Conduct supervision and inspection over the 30th, should be recorded on the spot supervision and inspection time, content, results, and together with the unit or individual under inspection to sign badge.

    Units or individuals not to sign the name of examination, supervision and inspection personnel and reasons of not signing shall be indicated.

    31st sea transport management Department found in the supervision and inspection of ship management business operator does not comply with the requirements of the qualification criteria, shall order the rectification, rectification period not longer than 3 months, and corrective period following the end of the operator reviewed the rectification, rectification is qualified and made conclusions.

32nd sea transport management departments should establish and improve water transport business operators integrity supervision mechanism and service quality evaluation system, waterway transport operators established credit file, record sea transport business operators in China and the integrity of information, supervision and examination results announced to the public on a regular basis and the Manager of the credit file.

Waterway transport authorities should establish aided illegal conduct social supervision mechanism of water transport, published complaints telephone, mailbox, and timely processing of complaints information. The administration of water transport in the supervision and inspection departments shall be discovered or reported violation of undertakings to handle complaints and handling, security incidents are recorded in the credit file. Violation serious, prompt warnings of the operators.

    Business operator does not meet the qualifications of ship management, in accordance with the provisions of the present article 31st.

33rd waterway transport authorities should establish contacts with the local maritime administration mechanism, and this in a timely manner within the administrative area of the business of managing the business qualification of the operator maintenance of the local maritime administration. A maritime administrative agency should be about the business of managing more than major operators ship accidents and concluding observations, major violation, failure to perform or have not fulfilled security management responsibilities related to security management promptly of any written notice to the management of the ship operator's seat area of the municipal people's Government, the administration of water transport sector.

    Local management of water Transport Department should be incorporated into the business of managing the operators file integrity.

    The fifth chapter legal liability

    34th ship management business operator does not comply with the provisions of article request equipped with the appropriate shipping, maintenance managers, by their local people's Governments above the county level administration of waterway transportation Department ordered corrective action and fines of between 10,000 yuan and 30,000 yuan.

    35th marine management of business operators and clients a false agreement entrusted to real or nominal terms does not assume shipping shipping, maintenance management responsibilities, by operators of local people's Governments above the county level administration of waterway transportation Department ordered corrective action, and internal waterways transport regulations 37th on the illicit transfer of relevant provisions of the ship management business management qualifications for punishment.

36th waterway transport operators in violation of the provisions of article, any of the following acts, by the people's Governments above the county level administration of waterway transportation Department ordered corrective action and of less than 2000 Yuan and 10,000 yuan fine accumulated three or more violations of this provision within a year, more than 10,000 yuan to 30,000 yuan fines:

(A) fails to comply with filing or reporting obligations;

(B) for failing to make sea transport business license or beyond the scope of providing supporting services to water transport operators;

(C) the ship owners, ship operators, lessees do not have management agreements or agreements not to ship shipping technical management responsibilities clearly defined;

(D) does not enter into a written contract, forcing the agent or agency business;

(V) abuse of a dominant position, limit the client selecting other agent or ship management service providers;

(F) false advertising, misleading passengers or the trustee;

(VII) through improper or irregular acts compete for customers, sourcing and other supporting services to water transport, disturbing the market order;

(VIII) not tickets at ticket sites and website published in the apparent position of ship, regularity, frequency, fare and other information;

(IX) not to advertise fares or disguised changes announced ticket sales ticket;

(X) use the transport document does not comply with the relevant provisions;

    (11) failure to establish the management of business records and account.

    37th sea transport business operators refuse management departments in accordance with the provisions of the supervision and inspection, concealed information or conceal, misrepresent the situation, by the people's Governments above the county level administration of waterway transportation Department ordered corrective action and refused to correct more than 2000 Yuan and 10,000 yuan fine.

    Article 38th the port operator as the vessel owner or operator and cargo shipper, consignee specified waterway transport operators, ship, sea freight forwarding services, by the people's Governments above the county level administration of waterway transportation Department ordered corrective action and refused to correct fines of between 10,000 yuan and 30,000 yuan.

    39th in violation of the provisions of the other regulations shall be punished in accordance with the domestic implementation of the regulations on administration of waterway transportation.

    The sixth chapter supplementary articles

40th waterway transport business organizations lawfully established in accordance with the laws, administrative regulations and the provisions of the Constitution, development of waterway transport auxiliary operation standards and service standards, professional ethics education and professional training organizations, management and quality of service to its members for self-discipline management. Waterway transport business trade organizations can establish trade credit supervision and constraint mechanism, improve the level of honesty.

    Member to law-abiding business, honesty and credit in China and may be given commendations and awards. 41st these provisions come into force on March 1, 2014. April 20, 2009, the Ministry of Transport Ministry of transport can make 2009 5th release of the People's Republic of China water transport services regulations and January 5, 2009 the Ministry of transport and Ministry of transport can make 2009 the domestic shipping industry released 1th regulations repealed simultaneously.

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