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The Regulation of the People's Republic of China on International Marine Transportation (hereinafter referred to the "Marine Transportation Regulation") has been promulgated by the State Council by Order No. 335, and shall come into force on January 1, 2002. It is a great event in China's trade of marine transportation and construction of the traffic legal system, which is of great significance to promoting the healthy development of China's trade of international marine transportation. The promulgation and implementation of the "Marine Transportation Regulation" have provided important legal guaranty for regulating the international maritime transportation activities, implementing the promises after China's accession to the WTO, maintaining the order of international marine transportation market, and guaranteeing the lawful rights and interests of all parties to the international maritime transportation. Since the time interval between the promulgation and effectiveness of the "Marine Transportation Regulation" is very short, but the task is heavy, the administrative departments of traffic under the people's government in all regions, especially those in the provinces, autonomous regions and municipalities directly under the Central Government where the business of international marine transportation is comparatively concentrative, shall attach high importance, strengthen the leadership, and earnestly do well in the implementation of the "Marine Transportation Regulation". We hereby give our notice as follows regarding the relevant matters: I. BEING FULLY AWARE OF THE IMPORTANT SIGNIFICANCE OF IMPLEMENTING THE "MARINE TRANSPORTATION REGULATION", AND CAREFULLY DOING WELL IN THE STUDY, PUBLICITY AND TRAININGS CONCERNING IT The "Marine Transportation Regulation" is an administrative regulation that all-roundly regulates China's international maritime transportation and its auxiliary trades. It was formulated on the basis of summing up the practices in administering China's international marine transportation and in compliance with the principle of setting up the legal system under socialist market economy, and meanwhile by referring to the international shipping practices and foreign practices on shipping legislation. It meets China's needs in developing the shipping market, and conforms to the requirements in the reform and opening of the trade of marine transportation after China's accession to the WTO. Therefore, the promulgation and implementation of the "Marine Transportation Regulation" will be beneficial to setting up a nationally unified, fairly competitive and orderly regulated international marine transportation market, which will play an important role for the administration of China's international marine transportation to become regularized and legalized. The administrative departments of traffic at all levels shall, upon the requirements of "the Fourth Five-Year Planning on Publicity of Legal Knowledge within the National Traffic Sector", make the "Marine Transportation Regulation" as the designated key administrative regulation for study and publicity. The "Marine Transportation Regulation" is a highly specialized and internationalized administrative regulation, including many new administrative contents, such as non-vessel shipping, record of freights as well as investigation and punishment on unfair competition acts, with complicated legal relationship being involved. In order to guide the traffic departments in all regions to do well in the publicity, the Ministry will arrange for various forms of publicity and training activities, as well as the compilation of the studying materials, and will help and guide all entities and enterprises to study the legal knowledge and implement the requirements. The administrative departments of traffic at all levels shall, in combination with the local actual situation, arrange for the publicity and trainings within its local region, and emphatically do well in training the managers and law enforcement officers of marine transportation in the administrative departments of traffic at the provincial and city levels. Within the first quarter of this year, each administrative department of traffic at the provincial level shall convene a meeting to publicize and implement the "Marine Transportation Regulation", and hold concentrative trainings for the key enterprises and related persons in the local region. II. DOING WELL IN THE IMPLEMENTATION OF THE "MARINE TRANSPORTATION REGULATION" AND THE RELEVANT AUXILIARY WORK Since the "Marine Transportation Regulation" has greatly adjusted the existing mode of administering the international marine transportation, the implementation work is heavy. The administrative departments of traffic in all regions shall make unified planning and thorough arrangements, do well in the transitional and linking work, and earnestly serve the enterprises. The Ministry promulgated Announcement No. 1 on December 27, 2001, and has made arrangements for the relevant work for implementing the "Marine Transportation Regulation". It will issue the corresponding operational qualification certificates to the enterprises meeting the conditions prescribed in the "Marine Transportation Regulation", so that they may carry out their business normally and adapt themselves to the new administrative system as soon as possible; while the enterprises failing to meet the operational qualification shall be cleared up strictly in accordance with the "Marine Transportation Regulation". (1) Each administrative department of traffic at the provincial level shall urge the enterprises within its jurisdiction that engage in international shipping business to, in accordance with the "Marine Transportation Regulation" and the requirements of Announcement No.1 of the Ministry, finish making up for submitting the application materials for the "Operation Permit for International Shipping" for preliminary examination by the middle of March of this year. The said administrative department of traffic shall also transfer the application materials to the Ministry before that time. After the enterprises have been preliminarily examined as qualified by the Ministry, the Ministry shall notify the administrative department of traffic at the provincial level to promulgate them uniformly at the beginning of April. (2) With respect to the enterprises approved by the Ministry to engage in international shipping agency, each administrative department of traffic at the provincial level shall, in combination with the 2001 annual inspection, submit the materials on annual inspection of the shipping agency enterprises within its jurisdiction to the Ministry by the middle of March of this year, and the Ministry shall examine the materials before replacing the registration certificates on the qualification for operating the international shipping agency. After the replacement of the certificates is finished, the Ministry shall notify the administrative department of traffic at the provincial level to promulgate the name list of the enterprises uniformly. The Ministry is making a research on formulating the Detailed Rules for the Implementation of the International Marine Transportation Regulation, and will clarify the methods of registering the qualification for operating international shipping agency. Before the implementing regulation is promulgated and comes into force, the administrative department of traffic may temporarily refuse to accept the application of any newly established enterprise for engaging in the international shipping agency business, unless the applicant is representing a vessel with Chinese nationality, or the investor owns or operates by itself the vessels with containers and flag of convenience, or the application falls within other certain agency scope. (3) The enterprises engaging in the management of international vessels, the cargo storage in international marine transportation, or the container station or freight yard business shall be cleared up by the administrative department of traffic at the provincial level by the end of April of this year, and their operational qualifications shall be registered in accordance with the "Marine Transportation Regulation", and be announced to the public. (4) The administration of non-vessel shipping business is a new system. In order to practice this system stably, the Ministry plans to make experiments in Shanghai and Shenzhen. Whoever applies for operating the non-vessel shipping business in Shanghai or Shenzhen needs to be preliminarily examined by Shanghai Municipal Urban Traffic Bureau or Shenzhen City Traffic Bureau, which shall then transfer the application materials to the Ministry of Communications, and the Ministry will issue the qualification certificate for operating the non-vessel shipping business. If the applicant applies for operating the non-vessel shipping business in another region, the applicant may, either discretionally or by entrusting an agent, submit the application materials to the Ministry. The guaranty bonds for the non-vessel shipping business shall be deposited in accordance with Announcement No. 1 of the Ministry. The administrative departments of traffic in all regions shall intensify their efforts in publicizing and implementing the non-vessel shipping business, so as to ensure that this system can be well implemented. (5) The Ministry is formulating the Detailed Rules for the Implementation of the "Marine Transportation Regulation", and will make specific provisions on issues such as the transportation on national boundary rivers, the concurrent operation of international navigation lines by non-international shipping companies, and the administration of navigation lines of inland and of Hong Kong and Macao Special Administrative Regions. Before the Detailed Rules for the Implementation of the Marine Transportation Regulation is promulgated, the existing administrative measures shall still be abided by. The administrative departments of traffic at all levels shall, in accordance with the "Marine Transportation Regulation", carefully perform the administrative duties assigned by the State Council, administer in accordance with the law, rectify and regulate the order of the international marine transportation market. The implementation of the "Marine Transportation Regulation" is a task closely related to policies and strongly involving foreign interests, therefore, the administrative departments of traffic in all regions shall, during the implementation of the Regulation, both enforce law strictly and guarantee the normal carry-out of the lawful production and operation activities on transportation; they shall also pay attention to classifying and summing up the new circumstances arising out of the implementation, and report to or inquest the Ministry (Department of Water Transportation) for instruction in case of unclear issues. The Ministry will organize an inspection team to go to the key regions to inspect the implementation of the "Marine Transportation Regulation" at a proper time in the second half of this year. |
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