|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
CHAPTER I GENERAL PRINCIPLES CHAPTER II ESTABLISHMENT OF INTERNATIONAL OCEAN CONTAINER TRANSPORTATION ENTERPRISES AND EXAMINATION AND APPROVAL OF LINER COURSE CHAPTER III SHIPPING MANAGEMENT CHAPTER IV TRANSFERENCE AND RESPONSIBILITIES CHAPTER V PENALTIES CHAPTER VI SUPPLEMENT CHAPTER I GENERAL PRINCIPLES Article 1. With a view to enhancing the administration of international ocean container transportation, specifying the responsibilities of relevant parties and meeting the demands of developing foreign trade, this provision is promulgated hereby. Article 2. This provision is applicable to entites and individuals engaged in international ocean container transportation and other activities related to international ocean container transportation. International ocean container transportation refers to ocean container transportation between ports of the People's Republic of China and foreign ports including transportation between ports of the People's Republic of China that is part of the whole transportation specified in the contract as international ocean container transportation. Article 3. Authorities in charge of transportation of the State Council of the People's Republic of China are in charge of international ocean container transportation of the country. Article 4. International ocean container transportation should be conducted in the principle of safe, accurate, rapid, economy and civilized operation. Door to door transportation should be developed actively. CHAPTER II ESTABLISHMENT OF INTERNATIONAL OCEAN CONTAINER TRANSPORTATION ENTERPRISES AND EXAMINATION AND APPROVAL OF LINER COURSE Article 5. International ocean container transportation enterprises refer to shipping enterprises engaged in international ocean container transportation, loading and unloading enterprises and inland transfer station and freight station carrying international ocean containers. Article 6. The establishment of shipping enterprises engaged in international ocean container transportation should be examined by authorities in charge of transportation of provinces, autonomous regions and municipalities and filed to authorities in charge of transportation of the State Council for examination and approval. Operations of international ocean container liner transportation shall be approved by authorities in charge of transportation of the State Council. Foreign enterprises are not allowed to operate international ocean container liner transportation between ports of the People's Republic of China. Article 7. Establishment of loading and unloading enterprises for international ocean container transportation should be examined and approved by authorities in charge of transportation of provinces, autonomous regions and municipalities and filed to authorities in charge of transportation of the State Council for record. The establishment of inland transfer stations and freight stations carrying international ocean containers after the promulgation of this provision shall be examined and approved by authorities in charge of transportation of provinces, autonomous regions and municipalities after the examination and approval of authorities in charge of the enterprises and filed to authorities in charge of transportation of the State Council for record. The examination and approval procedures of inland transfer stations and freight stations carrying international ocean containers of the foreign trade and economic cooperation system shall be formulated separately by authorities in charge of transportation of the State Council in cooperation with authorities in charge of foreign trade and economic cooperation of the State Council. Article 8. The establishment of joint ventures and cooperative enterprises engaged in international ocean container transportation should be examined and approved by authorities in charge of foreign trade and economic cooperation of the State Council in line with relevant laws and regulations after the examination and approval of authorities in charge of transportation of the State Council. Article 9. The establishment of international ocean container transportation enterprises should meet the following requirements: (1) Having shipping vessels, vehicles, equipment and other relevant facilities fit for the business scope and business objects; (2) Having corresponding organizational structure, office area and specialized management staff; (3) Having registered capital and self-owned working capital fit for the container transportation operated; and (4) Other requirements for establishing enterprises specified by laws and regulations of the country. Article 10. Authorities in charge of transportation should examine and approve the business scope of enterprises applying for operations of international ocean container transportation in line with the source of capital, conditions of equipment, level of management and supply of goods. Article 11. Authorities in charge of transportation should send the approval documents to enterprises approved to operate international ocean container transportation. Enterprises having obtained approval documents shall apply to industrial and commercial administrations for registration in evidence of the documents and could enter into business only after obtaining business licenses upon examination and approval. The establishment of inland transfer stations and freight stations carrying international ocean containers should also apply to the customs for registration. CHAPTER III SHIPPING MANAGEMENT Article 12. Containers used for international ocean container transportation should meet the technical standards of international container standardization organization and regulations of related international container pact. The owner and operator of containers should carry out management and maintenance of containers and conduct regular check to ensure that containers fit for freight transportation are supplied. Responsible persons shall bear the responsibility for compensation in line with relevant regulations for violations to Clause 2 of this Article which result in damage or shortage of goods. Article 13. Carrier and loading and unloading enterprises should make sure that the ships, vehicles, loading and unloading machinery and tools are in good condition to ensure the transportation and safety of containers. Carriers and loading and unloading enterprises that violate Clause 1 of this Article resulting in damage or shortage of goods shall be held responsible for compensation in line with relevant regulations. Article 14. Carriers and loading and unloading enterprises should use container transportation documents in line with national regulations. Article 15. Carriers may directly organize goods for container transportation and shippers may directly contact carriers or authorize forwarding agents for import and export container transportation. Article 16. Shippers should declare name, quality, quantity, weight and specification of goods according to the fact. Goods consigned for container transportation should meet the requirements of container transportation and should bear distinctive and clear marks. Article 17. Shippers and carriers should examine the containers carefully before loading the goods. Containers that may endanger the transportation and loading of goods are not allowed to be used. Article 18. Containers carrying cereal, oil and foodstuff, frozen goods and other perishable foods should be used after examination and approval by commodity inspection institutions. Article 19. Carriers should send notice of arrival to consignees in time after the arrival of container goods at the destination. Consignees should pick up the goods in evidence of the bill of lading after receipt of the notice of arrival. The consignees shall pay for the expenses of the storage of goods and containers and the overtime usage of containers in line with relevant regulations or contracts, in case they fail to pick up the goods or return the containers within the specified period. Article 20. The freight and other expenses should be calculated and charged in line with relevant national regulations of transportation prices and freight rates, or in line with the prices agreed upon by both parties in case of absence of national regulations. Entities are not allowed to charge randomly. Article 21. Carriers and loading and unloading enterprises should regularly submit transportation statistics to authorities in charge of transportation. Article 22. Various parties related to international ocean container transportation should provide timely information about container transportation to each other. CHAPTER IV TRANSFERENCE AND RESPONSIBILITIES Article 23. Carriers and shippers or consignees should transfer containers or container goods at docks, freight stations or other spots agreed upon by both parties in line with the method of transference specified in the bill of lading. Article 24. Carriers and loading and unloading enterprises participating in international ocean container transportation should transfer containers in line with the following regulations: (1) Ocean carriers should transfer containers with loading and unloading enterprises at the side of ships through tallying entities; (2) Containers collected through inland water transportation should be transferred between loading and unloading enterprises and inland water carriers at the side of ships; (3) Containers collected through highway transportation should be transferred between loading and unloading enterprises and highway carriers at the gate of container dock; and (4) Containers collected through railway transportation should be transferred between loading and unloading enterprises or highway carriers and railway carriers at the spot of loading or unloading. Article 25. Both parties should examine the number, body and seal of transferred containers upon transference. Loaded containers should be transferred on conditions of seal and container body. Empty containers should be transferred on conditions of container body. Both parties should file records and jointly sign as confirmation after examining number, body and seal of containers. Article 26. The responsibilities of carriers and loading and unloading enterprises for damage or shortage of containers or container goods shall be born by the transferor before transference and by the transferee after transference. Unless otherwise specified by law, the transferor should bear the responsibility for compensation in case the transferee can provide testimony indicating that the damage of containers or damage or shortage of goods result from reasons on the transferor's part within 180 days of transference. Article 27. Unless otherwise specified by law, carriers and shippers should bear responsibilities for damage or shortage of container goods in line with the following regulations: (1) Carriers shall be held responsible for damage or shortage of goods inside containers loaded by the carriers during the period from receiving the goods to delivering the goods to consignees at the destination; (2) In case the body and seal of containers are kept intact, shippers shall be held responsible for damage or shortage of goods loaded by the shippers during the period from consigning the container to the delivery of goods to consignees; in case the body and seal of containers are broken, the carriers shall be held responsible for damage or shortage of goods. Unless otherwise specified by law, the time limit for filing claims between carriers and shippers or consignees shall be no longer than 180 days after the date of transference of container goods. Article 28. Shippers shall be held responsible for personal casualties and damage of transportation vehicles, shipped goods and other goods and containers resulting from untrue declaration of container goods by shippers. Article 29. Loaders shall be held responsible for personal casualties and damage of transportation vehicle, other goods and containers due to faults of loaders. Article 30. In case of damage or shortage of container goods and appraisal and certification of commodity inspection institutions are needed for filing claims to foreign companies, it should be processed in line with the Import and Export Commodity Inspection Law of the People's Republic of China. In case of shortage of containers and container goods and certification of tallying institutions are needed for filing claims to foreign companies, it should be processed in line with relevant regulations. CHAPTER V PENALTIES Article 31. For conducts that violate this provision and are subject to administrative punishments, authorities in charge of transportation above county level shall conduct comprehensive, objective and just investigation, and collect relevant evidence. The authorities may check transportation documents, financial documents and other relevant documents of the enterprise under investigation when necessary. Relevant entities and individuals shall cooperate with authorities in charge of transportation above county level for the investigation and provide relevant documents according to the facts; authorities in charge of transportation above county level should keep business confidential for the enterprise under investigation. Article 32. Conducts violating this provision and violating other laws and regulations of the state concerning pricing shall be punished by authorities in charge of prices according to relevant laws and regulations. Article 33. Violation to Article 14 or Article 21 of this provision, not using prescribed container transportation documents, not submitting container transportation statistics, or submitting untrue container transportation statistics shall be charged to rectify by authorities in charge of transportation above county level; refusing to rectify shall be fined by an amount lower than RMB 50,000. Article 34. Any of the following conducts violating this provision shall be charged to rectify by authorities in charge of transportation above county level. In case of refusing to rectify, revenues earned in violation to the regulation shall be confiscated and an amount over the revenues and below three times of the revenues shall be fined. In case no revenues in violation to the regulation are earned, fines shall be levied according to the following regulations: (1) Unauthorized operations of international ocean container transportation, loading and unloading at the port, transfer station and freight station without approval shall be fined at an amount over RMB 30,000 and below RMB300,000; or (2) Unauthorized operations of container liner transportation between domestic ports as part of international ocean container liner transportation without approval shall be fined at an amount over RMB30,000 and below RMB300,000; Unauthorized operations of international container liner transportation at coastal waters shall be fined at an amount over RMB50,000 and below RMB500,000; Unauthorized operations of international container liner transportation in the ocean shall be fined at an amount over RMB 500,000 and below RMB5,000,000. Business Licenses of companies seriously violating the regulation of the above clause shall be withdrawn by industrial and commercial administrations. CHAPTER VI SUPPLEMENT Article 35. This provision shall be implemented upon the date of promulgation. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|