China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	DECREE OF THE STATE COUNCIL ON AMENDMENTS TO PROVISION ON INTERNATIONAL OCEAN CONTAINER TRANSPORTATION OF THE PRC

	(Promulgated hereby is Decree of the State Council on Amendments of Provision on International Ocean Container Transportation of the People's Republic of China, which is to be implemented on the date of promulgation on April 18, 1998)


SUBJECT : INTERNATIONAL OCEAN CONTAINER TRANSPORTATION; AMENDMENTS
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 04/18/1998
IMPLEMENT DATE : 04/18/1998
LENGTH : 642 words
TEXT :

It is decided by the State Council to make the following amendments to Provision on International Ocean Container Transportation of the
People's Republic of China:

1. Article 2 shall be amended as "This provision is applicable to entities 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."

2. The following two clauses shall be added to Article 6 as Clause 2 and Clause 3 respectively:

"Operations of international ocean container liner transportation shall be approved by authorities in charge of transportation of the State Council."

"No foreign enterprises are allowed to operate ocean container liner transportation between ports of the People's Republic of China."

3. The original Article 31 shall be removed and a new Article shall be added as 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, 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."

4. Article 32 shall be amended as "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."

5. Article 33 shall be amended as "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."

6. Article 34 shall be amended as "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 RMB 300,000; 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 RMB 30,000 and below RMB 300,000; Unauthorized operations of international container liner transportation at coastal waters shall be fined at an amount over RMB 50,000 and below RMB 500,000; Unauthorized operations of international container liner transportation in the ocean shall be fined at an amount over RMB 500,000 and below RMB 5,000,000.

Business Licenses of companies seriously violating the regulation of the above clause shall be withdrawn by industrial and commercial administrations."

7. Article 35 and Article 36 shall be removed.

This provision shall be implemented upon the date of promulgation.

In addition, the wording of some Articles and the sequence of the Articles shall be adjusted and amended accordingly.

Provision on International Ocean Container Transportation of the People's Republic of China is promulgated hereby in line with the amendments specified in this notice.