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On The Modification Of The Wholly Foreign-Owned Shipping Company Of Interim Measures For The Administration Of Examination And Approval Decisions

Original Language Title: 关于修改《外商独资船务公司审批管理暂行办法》的决定

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  The Ministry of transport and the Ministry of Commerce decided to wholly foreign-owned shipping company, approval of the interim measures for the Administration (Ministry of communications, the Ministry of foreign trade and economic cooperation to 2000 of 1th) as follows: first, the fifth part (b) deleted it.

Second, fifth paragraph (c) is amended as "its wholly-owned shipping company to be established in China's opening to the port cities have stable sources or sources."

Third, article sixth (vi) changed to "sample bills of lading, passenger tickets of the applicant".

Four, the sixth paragraph (g) deleted. Five, and will seventh article modified for "application established owned ship works company, by following program handle: (a) application who to intends established owned ship works company location provincial business competent sector submitted application material, provincial business competent sector on material for audit, in consent of traffic Transport Department agreed Hou be approved, to foreign investment enterprise approved certificate or Taiwan Hong Kong and Macao overseas investment enterprise approved certificate; (ii) application was batch Hou, application who should in provides of term within, in accordance with company registration of about provides, To register with the Administrative Department for industry and commerce applications, business licenses, and appropriate administration of the transport authority of the wholly foreign-owned shipping company operating after license before they can engage in business operations. "Six, to modify the article to" approved-owned shipping company, or its subsidiaries to its parent company owned or operated ships engaged in all or part of the following: canvassing, showmanship, and signed on behalf of the Bill of lading, ticket, with freight and sign on behalf of service contracts.

"Seven, the Nineth deleted.

Eight, tenth paragraph in part (a) of "the registered capital has been fully paid," deleted.

Ninth, tenth, paragraph (b) is amended as "'s parent company-owned shipping company in the foreign port where the proposed branch open city with stable supply or source;" the first paragraph of section ten, the tenth (c) deleted it.

Third, the 11th article deleted.

12, 13th paragraph (a) in the "liner" delete.

13, the 13th paragraph (c) is amended as "carriers in and out of China's port cargo (tons), passengers (person), containers (TEU), as well as shipping income".

14, the provision to all "Ministry" uniform with the words "Ministry of transport" and "Ministry" uniform with the words "Ministry of Commerce".

XV, will rule in the name of "provisional" delete.

Provision number is adjusted accordingly.

This decision shall take effect on July 5, 2015.

Approval and management of the wholly foreign-owned shipping companies tentative procedures be amended accordingly pursuant to this decision, publish it again.

Foreign owned ship works company approval management approach (January 28, 2000 Ministry, and foreign trade economic cooperation Department released according to July 5, 2015 traffic Transport Department, and commerce on modified straddling foreign owned ship works company approval management provisional approach of decided Amendment) first article to specification on foreign shipping company in People's Republic of China of investment business behavior, protection investors lawful rights and interests of, according to People's Republic of China foreign investment enterprise method and about shipping regulations of provides, developed this approach.

Article II foreign shipping companies to set up wholly-owned companies, these measures shall apply.

Foreign shipping companies mentioned in the preceding paragraph refers, in accordance with foreign law, the shipping companies established in a foreign country (hereinafter referred to as foreign carriers).

Article People's Republic of China's Ministry of Commerce (MOFCOM) and the Department of transportation is responsible for air operators in China to set up wholly-owned shipping company approval.

Article fourth foreign shipping companies to set up wholly-owned shipping company, must be based on our Government and the Government of the foreign State in which the shipping companies signed a maritime agreement and the related legal documents for approval.

Fifth set up wholly-owned shipping company, the applicant shall satisfy the following conditions: (a) has 15 years of shipping experience, (ii) its wholly-owned shipping company to be established in China's opening to the port city has a stable supply or source;

(C) business activities in China for 2 years did not violate Chinese laws and administrative regulations of the Act and the regulations.

Sixth application for the establishment of wholly-owned shipping company, the applicant shall submit the following documents: (a) the application; (ii) feasibility studies;

(C) the articles of Association;

(D) the applicant's legal documents and credit file (v) wholly-owned shipping company, appointment of the legal representative of book and list and curriculum vitae of the members of the Board; (f) the applicant's sample bills of lading, passenger tickets and (VII) the Commerce Department and other documents as required by the Ministry of transport.

Article seventh set up wholly-owned shipping company, according to the following procedures: (I) the applicant intends to set up wholly-owned shipping company, provincial Commerce authorities submit application materials, provincial Commerce authorities review the material, after the consent of the Ministry of transport agreed be approved foreign-invested Enterprise approval certificate will be issued, or the certificate of approval of Taiwan, Macao and overseas Chinese investment;

(B) after the application is approved, the applicant shall, within the prescribed time limit, in accordance with the relevant provisions of company registration, to register with the Administrative Department for industry and commerce applications, business licenses, and appropriate administration of the transport authority of the wholly foreign-owned shipping company operating after license before they can engage in business operations.

Eighth approved wholly-owned shipping company, or its subsidiaries to its parent company owned or operated ships engaged in all or part of the following operations: canvassing, showmanship, and signed on behalf of the Bill of lading, ticket, with freight and sign on behalf of service contracts. Nineth-owned shipping company, according to business needs, you can apply to set up branches in other port cities.

Owned ship works company established branch needed meet following conditions: (a) owned ship works company opened full 1 years; (ii) owned ship works company of mother company in intends set branch where foreign port open city has stable of supply or tourist; (three) owned ship works company and mother company in China of business activities continuous 1 years no violation China legal and administrative regulations, and regulations provides of behavior.

-Owned shipping companies to set up branch offices in the application procedure shall be handled in accordance with this article seventh.

Tenth-owned shipping company employees, employees in China accounted for more than 85%. 11th-owned shipping company shall, before the end of April in each year to the Ministry of Commerce and Ministry of transport reported on annual business.

Management report shall include the following: (a) the route linked Chinese ports, (ii) the total number of employees, number of Chinese employees; (c) carriage to and from China port cargo (tons), passengers (person), containers (TEU), as well as shipping income and (iv) total sales revenue, total profit and tax of the year.

12th China Hong Kong S.A.R., and Macau S.A.R. and Taiwan area's shipping enterprises in other Chinese provinces, autonomous regions and municipalities to set up wholly-owned shipping company, these rules shall apply, mutatis mutandis. 13th article of the rules as of the date of promulgation.