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	DECISION OF THE STATE COUNCIL ON AMENDING THE REGULATION OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ADMINISTRATION OF WATER TRANSPORT

	(Order of the State Council of the People's Republic of China (No.237), December 3, 1997: The Decision of the State Council on Amending the Regulation of the People's Republic of China on the Administration of Water Transport is hereby promulgated, and shall be implemented as of the date of promulgation.)


SUBJECT : WATER TRANSPORT; AMENDMENTS
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/03/1997
IMPLEMENT DATE : 12/03/1997
LENGTH : 571 words
TEXT :

The State Council decides to make the following revisions on the Regulation of the People's Republic of China on the Administration of Water Transport:

I. Article 26 shall be revised as: "In case anyone violates the present Regulation and has any of the following acts, the competent department of communications of the people's government at or above the county level shall give it/him punishment according to the following provisions:

(1) In the case of establishing any water transport enterprise or water transport service enterprise without approval, or any entity or individual outside water transport enterprises undertakes for-profit transport without permission, the illegal gains shall be confiscated, and a fine of one time up to three times of the illegal gains shall be imposed; if there is no illegal gains, a fine ranging from RMB 30,000 to 250,000 Yuan may be imposed;

(2) In case any water transport enterprise or water transport service enterprise undertakes business activities by exceeding the business scope, the illegal gains shall be confiscated, and a fine of one time up to three times of the illegal gains shall be imposed; if there is no illegal gains, a fine ranging from RMB 20,000 to 200,000 Yuan may be imposed;

(3) In the case of collecting freight or service charges in violation of the relevant state provisions, the part of freight or service charges collected in violation of the provisions shall be confiscated, and a fine ranging from RMB 20,000 to 150,000 Yuan may be imposed;

(4) In the case of making for-profit transport without using the prescribed transport bills, warning shall be given according to the circumstances, or a fine of less than RMB 10,000 Yuan may be imposed;

(5) In the case of failing to pay the fees as prescribed by the state as required, the entity or individual shall be ordered to pay within a prescribed time limit; if it/he still fails to pay the fees within the time limit, it/he shall, in addition to being ordered to pay the fees and money owed, be imposed upon a fine of one time up to three times of the fees and money owed; if the circumstance is serious, the license may be suspended; or

(6) In the case of monopolizing the source of goods, and handling the affairs on behalf of others by force, a fine ranging from RMB 10,000 to 100,000 Yuan shall be imposed; if the circumstance is serious, the license may be suspended or revoked."

II. Article 27 shall be revised as: "In case any party has any objections to the decision on punishment made by the competent department of communications, he/it may apply for reconsideration to the competent department of communications at the upper level; if he/it has any objections to the reconsideration decision of the competent department of communications at the upper level, he/it may file a complaint with the people's court within 15 days from the date of receiving the reconsideration decision. If the party does not file a complaint nor performs his/its obligation at the expiration date, the competent department of communications may apply to the people¡¯s court for mandatory enforcement."

III. Article 33 shall be deleted.

The present Decision shall be implemented as of the date of its promulgation.

The Regulation of the People's Republic of China on the Administration of Water Transport shall be revised accordingly in light of the present Decision, and shall be promulgated once again.