Advanced Search

Xiamen Sea Transport Regulations (As Amended In 2004)

Original Language Title: 厦门市水路运输管理规定(2004年修正本)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Act No. 17 of 29 September 1995 of the People's Government Order No. 17 of 29 September 1995, published in accordance with Order No. 69 of 29 December 1997, the Decision of the People's Government of the House of Commons on the Revision of Partial Regulations, the Decision of the Government of the House of Commons No. 101 of 16 April 2002 on the Abolition, Revision of the Regulations of the Government of the Municipalities and the Decision of the Government of the Municipalities No. 111 of 28 June 2004 on the Abolition of the Municipalities of the Municipalities of the Municipalities,

Chapter I General
Article I, in order to strengthen the management of the water transport industry, to preserve the transport market order, to protect the legitimate operation of the water transport industry, to guarantee the legitimate rights and interests of the shipper and the passengers, to promote the development of the gate city's water transport and to develop this provision in line with the relevant national legal regulations.
Article 2 applies to legal persons, other economic organizations and individuals engaged in water transport services in the city.
Article 3. The Municipal Transport Administration of the House is the administrative authority for the water transport industry and water transport services in the city, and the Urban Water Transport Administration implements industry management in the city's water transport industry and water transport services in accordance with this provision.
Article IV, the Municipal Shipowner's Association is a self-management and self-monitoring social group of water transport enterprises (hereinafter referred to as shipping enterprises) in the city and serves as a bridge between the shipping industry and the relevant authorities of the Government.
Article 5 encourages maritime passenger transport, tourism and sea transport between and inter-provincial shipping enterprises in the city. There are difficulties in the operation of shipping companies, and water transport management should be facilitated.
Article 6. Water transport management should simplify the approval process, provide policy guidance, promote the development of shipping enterprises to groupize and internationalize.
Article 7.
The shipping industry has the right to refuse to pay for unlawful assessment, to reject the payment of illegal charges and may be reflected in the Pan City Shipownership Association, the Water Transport Administration or other relevant sectors.
Chapter II
Article 8.
Article 9. After the approval by the Ministry of Transport of the licensees of business by the start-up company, the Office of Transport of the Ship Transport (hereinafter referred to as the Business Carriage Certificate) has been processed by the Ministry of Transport (hereinafter referred to as the Business Carriage); the shipping company authorized by the Office of Provincial Traffic, the Municipal Transport Administration, and the Municipal Water Transport Administration, respectively, for the purpose of the operation.
The ship may engage in the transport of the operator of the Carriage.
Article 10
(i) It has more than one year of operation for the transport of coastal waterways in the country, and business operations are at the end of which economic benefits are good;
(ii) In the port area, there are more stable passenger and freight sources;
(iii) The vessel is registered in China under the law and the flag of the People's Republic of China.
Article 11.
(i) It has more than one year of operation for the transport of coastal waterways in the country, and business operations are at the end of which economic benefits are good;
(ii) The head of the company has experience in the management of specialized international water transport and has the corresponding professional secondary and higher-level technical functions; the capacity of key technical, operational personnel to adapt to their operations and the corresponding professional and higher-level technical functions;
(iii) The company's registered capital is more than 500,000 dollars in the national currency;
(iv) The possession of self-contained vessels that are adapted to the scope of operation and the registration of vessels by law in China and the flag of the People's Republic of China;
(v) Shipowners with stability, adequate self-ownership or legal procedures;
(vi) Transport documents are consistent with the requirements of water transport legislation and international practice.
Article 12
The approval process shall be submitted to the relevant documents such as the application, the enterprise charter, the feasibility study, the certificate of origin, the certificate of shipworthiness, the certificate of the licensor and the required schedule of the ship's norms, and the “water transport permit” for domestic coastal transport.
The municipal transport administration authorities shall, within 15 days of the receipt of the information required, make a review of the shipping industry, making decisions directly for approval or approval of the operation of vessels carrying a single vessel of 1000 loading below (concluding this figure).
Article 13 encourages the introduction of advanced technology equipment and the establishment of medium-sized joint ventures by scientific operators to prohibit the import of old vessels that are not in compliance with the relevant provisions.
Article 14. The establishment of a medium-sized joint venture shipping company shall be subject to a request for construction, a feasibility study, a source of proof or interest and a copy of the contract or intention signed by the joint venture to apply to the municipal transport administrative authorities for the preparation of the construction process.
The municipal transport administration authorities shall, within 15 days of the receipt of the required information, review the approval of the authorized provincial transport office and the Ministry of Transport.
Article 15. Medium-term joint ventures with the approval of the consent to be established shall be established in accordance with the provisions; construction is completed in accordance with the conditions established and is governed by Article 12.
Article 16 provides for a change in the scope of the operation and must have a self-suit ship that is adapted to the scope of the operation. At the same time as an application, the following documents should be submitted:
(i) Applications for changes in the scope of the operation of water transport;
(ii) Changes in the scope of the operation report, which should include a business profile, a requirement for a change in the scope of the operation, a source analysis forecast for the new range of freights, a suitable ship regulation and technical parameters, and economic efficiency analysis;
(iii) A copy of the certificate of shipworthiness;
(iv) List of major shipfarers and copies of their valid job certificates;
(v) The original Water Transport Licence.
The shipping enterprise applies for a change in the scope of the operation, which is accepted by the management of water transport with the authorization.
Business permitted to change the scope of the operation shall be subject to photocopy of the post-release Water Transport Licence and the Carriage of the ship, to the procedures of the former nuclear agencies.
Article 17
Article 18 The former head of the household is required to reproduce the process of approval by the new head.
Chapter III
Article 19 The shipping enterprise requires an increase in the delivery of additional ship construction procedures to the water transport management in accordance with the original approval process.
There is no major transport accident in the previous year, as well as high quality of economic efficiency, with higher credibility and subject to management in the shipment owners, paying taxes as required, and timely issuance of business statistics statement approval.
Article 20
(i) Applications for construction of new water transport vessels;
(ii) A study on the feasibility of ship construction;
(iii) The source of funds proved or intended.
Article 21, after the approval of the construction of a ship, the shipping company may purchase a ship within the framework of approval, and the ship inspectorate shall not be subject to a test of the ship that does not hold the shipment management.
The valid period for the preparation of the approval document is one year. There was no acquisition of a ship within one year, depending on its own cancellation.
Article 22 provides for the acquisition of a qualified vessel inspection certificate and the conditions for the operation, and shall apply to the authorized approval authority for the conduct of business activities.
Article 23 requires the sale of vessels by the shipping industry and shall be cancelled according to the original approval process. It must apply for approval by the original approval authority for the removal of the route or reduction of the port (sat, point) for the sale of the ship by the operator and the issuance of a notice week at the point of arrival along the line.
Chapter IV
Article 24
Article 25 Businesss operating passenger transport shall be transported on the basis of the approved route, and shall not be removed from the route or subject to the intentional reduction of the crossings and terminals.
Article 26
Over half a year, the water transport management is required.
Article 27 involves the commercial transport of two vessels purchased by shipping companies from outside of the country, and the acquisition of ship-loads must be in line with the relevant provisions of the Ministry of Transport.
Article 28 allows shipping companies to organize their own goods and passenger sources within the authorized operation. Any unit and individual are prohibited from imposing regional or sectoral closures, monopolies and powerful sources.
Article 29 shipping enterprises engaged in various domestic shipping routes shall use the invoices provided by the State for the water transport industry to settle freight charges.
In accordance with the agreement of the tax and water transport management, an enterprise may be able to transport invoices from the waterway passenger, with the approval of the self-printed invoices restricted to the transport operations within the enterprise.
The maritime transport bill used by enterprises engaged in the transport of international routes and shipping routes must be consistent with the relevant national provisions and relevant international maritime practices, as well as reporting to transport administrative authorities.
Article 33 is subject to approval by the municipal transport administration and the Ministry of Transport approves that the company may rent a foreign rotation (with a flagship convenience) for transport.
Article 31, subject to approval by the municipal transport administration, authorized by the Ministry of Transport, that vessels belonging to foreign companies, vessels flying the flag of domestic shipping enterprises and other vessels eligible for conditions may be engaged in the International Brotary Transport and Non-Border Transport at the port of the building.
In accordance with the realities of the transport market and socio-economic development, municipal transport administration authorities may transfer passenger freight prices in accordance with national price management provisions and, where necessary, establish maximum prices and minimum protections for freight. The shipment operators may, at the time of approval, determine their own freight and report to the municipal transport administrative authorities and the price management.
Article 33
Chapter V
Article XIV of the present chapter refers to businesses with legal qualifications for the operation, such as the organization of freight source.
Enterprises that operate the following operations:
(i) The various business agencies of the shipping industry (coor, ministry, station, etc.), in addition to serving this enterprise and serving other water transport enterprises;
(ii) The transport procedures for other enterprises and units other than shipping enterprises (concluding intermodal transport enterprises) and sub-offices, the transfer of passengers, cargo, and the operation of the Organization's freight source;
(iii) Enterprises, units and individuals engaged in specialized or part-time ship repair operations;
(iv) Port-au-Prince enterprises have separately accounted for and operate in water transport services.
Article XV Transport services businesses must have self-movable funds, office premises, operating sites, services facilities and specialized practitioners that are adapted to their operations.
In addition to the operation of the exclusive or part-time ship-building operation, a water transport service enterprise may operate to the municipal water transport management after the issuance of the Water Transport Service licence to the business, tax and other sectors.
The application for the licensing of water transport services shall be submitted: applications for the opening industry, office premises, property certificates for operating sites or leases for more than one year of the lease contract, legal test certificates; external provinces for the establishment of a water transport service in this city, municipal applicants and local transport authorities.
Article 37 In operating activities, the principle of mutual benefit and voluntaryness should be respected and transport operations should not be carried out.
Article 338 Transport services enterprises shall submit statistical statements to the Urban Water Transport Administration as required.
Chapter VI
Article 39 Business and water transport services companies comply with this provision, with better social benefits and economic benefits in operation, and water transport management should be rewarded.
Article 40
Article 40, in violation of transport price management provisions, is dealt with by the municipal water transport management or by the municipal water transport administration, or by the municipal water transport administration, in accordance with the relevant provisions of the State;
Article 42, in violation of the statistical management provisions of the water transport industry, does not provide for the filling of statistical statements, which are sanctioned by the municipal water transport administration or the municipal water transport administration, and are closed for a period of time.
Article 43
Article 44 deals with shipping companies and their vessels that are gravely breached by this provision, and prior to their corrective actions, the Urban Water Transport Administration shall draw the relevant inspection services, the port sector and the ship agent sector, such as the port administration supervision.
Article 42 ships for illegal operators without warrant, seriously disrupting the transport market order and may cause injury to passengers or damage to the goods shall be subject to the suspension of their transport.
Article 46 Administrative law enforcement officers of the water transport management may communicate, investigate the evidence to the heads of the water transport, water transport services and transport vessels in the city, the parties, the witnesses, the witnesses, and access the relevant certificates, books, documents and, where necessary, may be reproduced or replicated; and have the right to apply the evidence to the units involved in the breach.
Article 47 should be corrected by staff members of the water transport administration who misuse their functions or go beyond the legitimate rights and interests of the enterprise, and apologize to the parties; management should be given the appropriate administrative disposition, which constitutes criminal responsibility by the judiciary.
Chapter VII
Article 48