NOTICE ON INVITING COMMENTS ON THE IMPLEMENTING RULES FOR THE REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON INTERNATIONAL MARITIME TRANSPORTATION
(Notice of the Department of General Affairs
of the Ministry of Communications of the People’s Republic of China issued on June 21, 2002)
For the purpose of
implementing the Regulations of the People’s Republic of China on International
Maritime Transportation, the Implementing Rules for the Regulations of the
People’s Republic of China on International Maritime Transportation (on comment)
are drafted and available for comments. The comments are welcomed from operators
in international maritime transportation and auxiliary business thereof
including shipping service companies, non-vessel-operating common carriers,
international shipping agency service operators as well as any organizations and
persons who are interested in Chinese maritime legislation.
The Chinese and English
versions of these Implementing Rules (on comment) are available for downloading
from the official website of the Ministry of Communications: http://www.moc.gov.cn/. The comments can be
either in Chinese or in English. Please send the comments in writing (by fax or
by email) to the Department of Water Transport of the Ministry of Communications
before July 15, 2002.
The address for the comments
is as follows:
11 Jian Guo Men Nei
Avenue
Department of Water
Transport
Ministry of
Communications
Beijing,
100736
P. R.
China
The fax number is
86-10-65292648. The email address is shipping@moc.gov.cn.
IMPLEMENTING RULES FOR THE
REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON INTERNATIONAL MARITIME
TRANSPORTATION
(ON COMMENT)
These Implementing Rules are
formulated in accordance with the Regulations of the People’s Republic of China
on International Maritime Transportation.
These Implementing Rules are
applicable to the international maritime transportation business as well as the
auxiliary business operations as specified in Regulations of the People’s
Republic of China.
The Ministry of
Communications and the relevant communications departments of the local people’s
government shall, under the principles of fair competition, effective governance
and supervision and coordination and convenience administer the international
maritime transportation business and the auxiliary business operations in
accordance with these Implementing Rules.
CHAPTER
TWO
OPERATORS OF INTERNATIONAL
MARITIME TRANSPORTATION AND AUXILIARY BUSINESSES THEREOF
To be engaged in
international shipping services or to establish a company for international
shipping services in the Chinese territory in accordance with the Regulations of
the People’s Republic of China on International Maritime Transportation
(hereinafter referred to as RIMT), the applicants shall submit the following
documents to the communications department of the people’s government in the
province (municipality directly under the Central Government or autonomous
region) where the company is to be established for further submission to the
Ministry of Communications for approval by the such communications department
after its review:
(1) applications for
the engagement of the international shipping services or for the establishment
of a company for international shipping services; and
(2) the contract on
the establishment of the joint venture;
(3) the company’s
charter;
(4) the legal
document certifying the registration of the company; or
(5) financial
credibility documents for the main investors;
(6) other documents
as, the case my be, as required by the Ministry of
Communications.
The relevant communications
departments in the people’s government in the province (municipality directly
under the Central Government or autonomous region) shall, within 15 days from
the receipt of the qualified documents from the applicants, provide its comments
and convey the whole set of application to the Ministry of Communications. The
Ministry of Communications shall, within 15 days from the receipt of the
documents, make a decision of granting or not granting permission, and notify
the applicant through the relevant communications department of the local
people’s government.
In case that the permission
is granted by the Ministry of Communications, the applicant shall, settle the
registration procedure of the company at the company registration authority and
settle the related procedures at the taxation authority, the designated banks
for foreign currency transaction. The company shall also satisfy the conditions
as specified in Article 5 of the RIMT.
In case the company
satisfies the conditions as specified in Article 5, the applicant shall, in
accordance with the procedures specified in paragraph 1 of this Article, submit
the relevant documents certifying that all the conditions in Article 5 are
satisfied to the Ministry of Communications. The company cannot operate until he
obtains the Permit for Operation of International Shipping
Services.
To be engaged in
international shipping agency services or to establish a shipping agency service
company within the Chinese territory, the following documents shall be submitted
to the communications department in the people’s government in the province
(municipality directly under the Central Government or autonomous region) where
the services are to carried out:
(1) application for
the engagement of the international shipping agency services or establishment of
a international shipping agency service company;
(2) the contract on
the establishment of the joint venture;
(3) the company’s
charter;
(4) the photocopy of
the company’s business license; or
(5) financial
credibility documents of the main investors;
(6) the agreement of
establishing the joint venture or cooperative operation;
(7) the relevant
documents certifying that the conditions specified in paragraph 2 of Article 9
of the RIMT are satisfied and the staff hold the qualification certificate for
the operation issued by the Ministry of Communications.
(8) the related
documents certifying that company has the ability to have the electronic data
exchange with the ports and the customs authority;
(9) other documents
required by the Ministry of Communications.
The relevant communications
department shall, within 15 days from the receipt of the qualified documents
from the applicants, provide its comments and convey the whole set of
application documents to the Ministry of Communications.
The Ministry of
Communications shall make public the materials on the experience of the senior
executives for comments at the official website of the Ministry of
Communications for 10 days. During the period for public comments, in case there
is no disagreement from the public about the experience of such senior
executives, the Ministry of Communications shall proceed with the qualification
registration procedure and issue the certifying document with which the
applicant shall settle the registration of the company at the company
registration authority and other relevant procedures at the customs, the
taxation and the foreign currency authorities. After the all the procedures have
been completed, the applicant can obtain the Qualification Certificate for the
Engagement of the International Shipping Agency Services from the Ministry of
Communications.
The international shipping
agency companies and other investors are entitled to set up their branch or
international shipping agency company in the inland cities other than the port
cities in accordance with laws and regulations for the purpose of accepting the
entrustment from the ship owners, the ship charterers or the ship operators to
engage in part of the services listed in Article 29.
(1) signing bill of
lading or carriage contracts and accepting cargo space booking on behalf of the
carrier;
(2) undergoing
customs formalities for containers and shipments;
(3) canvassing
cargoes, arranging shipments and attending to procedures for shipments ands
transshipment of cargoes and containers;
(4) collecting
freight and settling payment on behalf of the principal;
(5) other pertinent
businesses.
In case of setting up branch
or international shipping agency company in the inland cities, the following
documents shall be submitted via the communications department of the people’s
government in the province (municipality directly under the Central Government
or autonomous region) to the Ministry of Communications for the qualification
registration:
(1) applications for
the setting up of the branch or the international shipping agency company;
(2) company’s
charter;
(3) financial
credibility document for the investors (not applicable to the cases where
branches are to be set up);
(4) the relevant
documents certifying that the condition specified in paragraph 2 of Article 9 of
the RIMT is satisfied.
The following
criteria shall be satisfied for the engagement in the business relating to
storage and warehousing of international shipments within Chinese
territory:
(1) having the fixed
place of business;
(2) having the
warehouse which meets the standards of safety and environment protection as
provided by the State;
(3) having at least
two senior executives among all with no less than three years’ experience in the
related business;
(4) other criteria
specified by the State laws and regulations.
The following criteria shall
be satisfied for the engagement in the business relating to international
maritime container freight station and container yard
services:
(1) having the fixed
place of business;
(2) having the
vehicles, handling equipment, storing yard, warehouse and the related facilities
appropriate to the business scope for the check of the containers;
(3) having at least
two senior executives among all with no less than three years’ experience in the
related business;
(4) other criteria
specified by the State laws and regulations.
In case of engagement in
international ship management business, businesses relating to storage and
warehousing of international shipments and international maritime container
freight station and container yard services by Chinese enterprises or
establishment of enterprises for the engagement of the above-mentioned
businesses, the following materials and documents shall be submitted to the
communications department of the people’s government in the province
(municipality directly under the Central Government or autonomous region ) where
the businesses are to be carried out:
(1) application;
(2) agreement
(contract) on joint investment or cooperative operation;
(3) charter of the
company;
(4) the registration
document of the company; or
(5) the financial
credibility documents of the main investors.
In case that the materials
and documents are complete and effective, the communications department of the
local people’s government in the province (municipality directly under the
Central Government or autonomous region) shall, within 15 days from the
acceptance of the application, complete the registration procedure and issue the
certifying document with which the applicant shall settle the registration of
the company at the company registration authority and other relevant procedures
at the customs, the taxation and the foreign currency authorities. The
conditions specified in article 11 of the RIMT, Article 7 and 8 of these
Implementing Rules shall be satisfied by the company.
In case that the applicant
satisfies the conditions specified in article 11 of the RIMT, Article 7 and 8 of
these Implementing Rules, the communications department of the people’s
government in the province (municipality directly under the Central Government
or autonomous region) shall issue the Qualification Certificate for the
Engagement of the International Maritime Transportation Auxiliary Services and
such issuance shall be filed with the Ministry of Communications by the
communications department. The applicant cannot operate until the qualification
certificate has been obtained.
The overseas international
shipping service company and the overseas non-vessel-operating common carrier
who engage in international container liner service at Chinese ports shall
nominate a point of contact within Chinese territory. The point of contact is
the point through which the communications department of the people’s government
may have contact with the overseas international shipping service company and
overseas non-vessel-operating common carrier. Such point of contact shall bear
the responsibility of contact related to the administrative and legal procedures
specified in the RIMT or these Implementing Rules.
The nominated point of
contact shall have a fixed place of business within Chinese territory.
The company is deemed to
have received the documents after the documents have been served to his
nominated point of contact for a reasonable period of
time.
While the overseas
international shipping service company or non-vessel-operating common carrier
applies for the qualification registration, he shall file with the Ministry of
Communications of the name, address and means of contact of such point of
contact as well as the copy of agreement between the company and the point of
contact or the letter of entrustment by the company to the point of contact. In
case of change of the point of contact or means of contact, such changes shall
be filed to the Ministry of Communications 15 days in
advance.
The materials and documents
specified in Article 17 of the RIMT shall be submitted for the application of
the engagement of the international liner service at Chinese ports and
registration for the relevant qualification. It is not allowed to engage in
international liner service unless the international liner service qualification
and Registration Certificate of the International Liner Service Qualification
has been obtained.
The above-mentioned
international liner service qualification shall mean that the operator has the
qualification to engage in international cargo liner service or passenger liner
service by means of soliciting cargo (passenger), accepting space booking,
publishing ship schedule, issuing bill of lading, collecting freight with his
owned or chartered vessel at the Chinese ports.
An overseas international
shipping service company cannot engage in international shipping service at
Chinese ports unless he acquires the qualification of a non-vessel-operating
common carrier in accordance with the provisions in Article 7 and Article 8 of
the RIMT, in case that although the vessels operated by the such overseas
international shipping service company do not call at Chinese ports, such
company engage in international cargo liner service at Chinese ports by means of
issuing bill of lading or the relevant transport document, soliciting cargo and
collecting freight.
The above-mentioned
provisions are especially applicable to the international shipping service
company who solicit cargo at Chinese ports and transport the cargo to overseas
ports for transshipment by means of space charter or feeder
service.
In case of applying for the
qualification for engagement in non-vessel-operating common carrier’s business
in China by a Chinese company, the application shall be submitted to the
communications department of the people’s government in the province
(municipality directly under the Central Government or autonomous region) where
the company is registered for further submission to the Ministry of
Communications. In case of applying for the qualification for engagement in
non-vessel-operating common carrier’s business in China by a oversea
non-vessel-operating common carrier, the application can be submitted for
further submission via his nominated point of contact to the communications
department of the people’s government in the province (municipality directly
under the Central Government or autonomous region) where his nominated point of
contact is situated. The application materials include the
following:
(1) application for
the engagement in non-vessel-operating common carrier’s business;
(2) photocopy of the
company registration document;
(3) original of the
notary document certifying that the photocopy of the company registration
document is authentic and effective;
(4) charter of the
company; and
(5) the sample of the
bill of lading; and
(6) having at least
two senior executives among all with no less than three years’ experience in
international maritime service;
(7) name, address and
means of contact of the point of contact as well as copy of letter of
entrustment ( applicable to overseas non-vessel-operating common carrier); and
(8) bank receipt for
the deposit in the designated bank account.
The relevant communications
department shall, within 15 days after the receipt of the above-mentioned
documents submit the document to the Ministry of Communications. In case that
the documents are complete and effective, the Qualification Registration
Certificate for the Engagement in Non-Vessel-Operating Common Carrier’s Business
shall be issued by the Ministry of Communications.
In case of establishment of
a company for engagement in non-vessel-operating common carrier’s business in
Chinese territory, the application shall be submitted to the Ministry of
Communications in accordance with the procedures specified in Article 13 of
these Implementing Rules. The application materials shall include the
following:
(1) application for
the engagement of non-vessel-operating common carrier; and
(2) agreement
(contract) on joint investment or cooperative operation;
(3) charter of the
company;
(4) the financial
credibility documents for the main investors;
(5) having at least
two senior executives among all with no less than three years’ experience in the
international maritime services.
The relevant communications
departments of the people’s government shall, within 8 days after the receipt of
the above-mentioned documents submit them to the Ministry of Communications. In
case the documents are complete and authentic, the Ministry of Communications
shall issue the certifying document with which the applicant shall settle the
registration of the company at the company registration authority and other
relevant procedures at the customs, the taxation and the foreign currency
authorities. The applicant shall pay the deposit at the designated bank account
by the Ministry of Communications and send the bank receipt of the bank deposit
together with the sample of bill of lading and the photocopy of the company’s
business license to the Ministry of Communications in accordance with the
procedures provided in Article 13 of these Implementing Rules to obtain the
Qualification Registration Certificate for the Engagement in
Non-Vessel-Operating Common Carrier’s Business.
The above-mentioned
procedures shall be followed in case of setting up branches by the
non-vessel-operating common carrier.
Article
15
After an overseas
non-vessel-operating common has obtained the qualification for the engagement in
the non-vessel-operating common carrier’s business in China, in case that the
Chinese-registered subsidiaries or joint ventures of such overseas
non-vessel-operating common carrier do not use their own bills of lading, such
subsidiaries or joint ventures can be registered for the qualification as such
overseas non-vessel-operating common carrier’s branches in
China.
After the Chinese company
has acquired the qualification for the engagement of the non-vessel-operating
common carrier’s business, if his subsidiaries or the companies in which he has
the majority shares do not use their own bills of lading, but only issue their
mother company’s bill of lading, his subsidiaries or companies in which he has
the majority shares can be registered as the branches of such a company for the
qualification.
In case that his
subsidiaries or such companies in which he has the majority shares use and issue
their own bills of lading, the above-mentioned provisions do not
apply.
The company who has acquired
the non-vessel-operating common carrier’s business qualification can accept the
entrustment from other non-vessel-operating common carriers to issue the bill of
lading on their behalf.
In case a company register
the qualification for non-vessel-operating common carrier’s business with at
least two kinds of trade names, the applicant shall provide documents to prove
that such trade names or bills of lading are owned or held by such company. If
the documents are authentic and effective, the applicant can register his
qualification with more than one trade names or bills of
lading.
The applicant for the
engagement in the non-vessel-operating common carrier’s business shall pay a
deposit in the non-vessel-operating common carrier business bank account which
are opened by a commercial bank entrusted by the Ministry of Communications. The
interest of the deposit shall be calculated on the basis of interest rate of
current bank account published by the People’s Bank of China.
Article
20
After the applicant has
registered his bill of lading, paid the deposit and acquired the qualification
for engagement in non-vessel-operating common carrier’s business, the Ministry
of Communications shall made know to the public the names as well as the samples
of the bills of lading of such non-vessel–operating common carriers at the
official website: http://www.moc.gov.cn/.
In case of
non-vessel-operating common carrier’s compensation arising from the
non-performance or inappropriate performance of the carrier’s obligation by the
legal authority or the arbitration organization, the legal authority shall
handle such compensation in accordance with the relevant laws. In case of a
penalty exercised by the communications department, the Ministry of
Communications shall deduct the amount of the penalty from the deposit bank
account.
In case the amount of
deposit in the bank account is not in compliance with the amount specified in
the RIMT, the deducted amount from the deposit of such non-vessel-operating
common carrier shall be made in full within 20 days. In case of failure of
making up, the Ministry of Communications shall deprive such
non-vessel-operating common carrier of his qualification certificate.
In case that the
non-vessel-operating common carrier is deprived of the qualification by the
Ministry of Communications in accordance with laws and regulations or the
non-vessel-operating common carrier applies for the termination of business or
the business is terminated for other reasons, the application can be submitted
to the Ministry of Communications for the refund of the deposit. The Ministry of
Communications shall make known to the public such application for 30 days on
the official website: http://www.moc.gov.cn/.
In case of no right of
compensation is lodged within the period of publication, the Ministry of
Communications shall, within 5 days after the publication, inform the bank with
whom the deposit bank account is opened to refund the applicant the deposit
together with the interests therefrom.
In case of setting up
representative office by foreign operators of maritime transportation and
auxiliary businesses thereof, the following documents shall be submitted to the
communications department of the people’s government in the province
(municipality directly under the Central Government or autonomous region) where
the representative office is to be set up:
(1) application to
set up the representative office, in which the name of the applicant, the place
of registration of such representative office, the term of service and the main
scope of operation etc., shall be specified;
(2) the photocopy of
the company’s commercial registration certificate;
(3) the original of
the notary document issued by the notary office at the state (region) of the
registration of the company certifying that the photocopy is authentic and
effective;
(4) the introduction
on the company, including the year of establishment, the scope of the main
business, the business achievement made in the previous few years, the number of
employees, the overseas organizations structure etc.;
(5) the name and
nationality of the chief representative and his (her) resume
etc.
The Ministry of
Communications will review the above-mentioned documents. In case the documents
are authentic and effective, the Approval Certificate for the Representative
Office by Traders from Foreign Country (Region) will be issued by the Ministry
of Communications.
The term of service by the
representative office will be from one to three years.
In case of the prolongation of the term of service of the representative office and the change of chief representative, the related procedures shall be gone through for the approval by the Ministry of Communications in accordance with the procedures provided in the previous paragraph.
In case the applicant for
the international shipping agency service or non-vessel-operating common
carrier’s business has one of the following circumstances, the Ministry of
Communications will not issue the qualification
certificate:
(1) the investor who
is a natural person has been convicted for criminal punishment for more than one
year’s imprisonment;
(2) the investor’s
business permit or registration of the company originally invested by the
applicant has been deprived for his violation of laws or the operation of the
company has been required for termination;
(3) the main
investors was given a warning or exercised a penalty of more serious nature by
the administrative authority in the past three consecutive years for his
violation of the State laws or regulations;
(4) the senior
executives referred to in the application have the circumstance specified in
paragraph 1, 2 and/or 3.
The applicant for the
engagement of the storage and warehousing of international shipments and
international maritime container freight station and container yard services
shall, against the production of the relevant qualification certificate issued
by the relevant communications departments of the people’s government in the
province (municipality directly under the Central Government or autonomous
region), settle the registration procedures at the customs authority who has the
jurisdiction before he can store the cargo and containers supervised by the
customs.
In case that the related
documents or materials are submitted for the application to engage in the
international maritime transportation and auxiliary businesses thereof as
specified in the RIMT by foreign traders, when the communications department
considers it necessary, notary document issued by the notary office or the law
firm at the state of the registration of the company certifying that the
documents and materials are authentic and effective shall be
submitted.
After the international
shipping service companies, non-vessel-operating common carriers, international
shipping agency companies, international ship management companies, companies
for storage and warehousing of international shipments service, companies for
international maritime container freight station and container yard service have
established in accordance with laws and regulations or have acquired the
qualification certificate, the following changes shall be filed with the
authority who issued the permit or qualification
certificate:
(1) change of the
company’s name;
(2) change of place
of business of the company;
(3) change of the
investor(s);
(4) suspension or
termination of operation;
(5) merging or
severance of the company.
In case of change of the
company’s name, the permit or qualification certificate shall be withdrawn for
new ones by the authority who issued the permit or qualification certificate. In
case of termination of operation, the permit or qualification certificate shall
be returned to the authority who issued the permit or qualification
certificate.
The approval shall be
obtained from the Ministry of Communications and the competent foreign trade and
economic cooperation authority in accordance with the provisions in this Chapter
for the engagement in the business operations of international maritime
transportation and auxiliary businesses thereof which are specified in the RIMT
and these Implementing Rules by establishment of foreign-invested enterprises as
provided in the RIMT.
In case of establishment of
foreign-invested enterprises for engagement in international shipping service
businesses, or international shipping agency service business, or
non-vessel-operating common carrier’s business, the application shall be
submitted to the communications department of the people’s government in the
province (municipality directly under the Central Government or autonomous
region) where such enterprise is to be established for further submission to the
Ministry of Communications. The documents specified in Article 4, 5 or 14 of
these Implementing Rules shall be submitted as well. In case the above-mentioned
application and the documents are reviewed as qualified, the Ministry of
Communications will issue the business approval document. The applicants shall,
against the production of the business approval document and the document
specified in Article 32 of these Implementing Rules, obtain the License for
Foreign-Invested Enterprise from the Ministry of Foreign Trade and Economic
Cooperation.
The applicant shall, after
having obtained the approval from the Ministry of Communications and the
Ministry of Foreign Trade and Economic Cooperation, against the production of
the document issued by the Ministry of Communications and the License for
Foreign-Invested Enterprise issued the Ministry of Foreign Trade and Economic
Cooperation, settle the company registration procedure at the company
registration authority, and other the relevant procedures at the customs
authority, the taxation authority as well as the foreign currency
authority.
After the foreign-invested
enterprise has established in accordance with Chinese laws, the applicant shall,
against the production of the company business license issued by the company
registration authority, apply for the relevant permit or qualification
certificate before he can start the operation.
Article
30
In case of establishment of
foreign-invested enterprises for engagement in international ship management, or
storage and warehousing of international shipments service, or international
maritime container freight station and container yard service, the documents
specified in Article 9 of these Implementing Rules shall be submitted to the
communications department of the people’s government in the province
(municipality directly under the Central Government or autonomous region) where
the company is proposed to be established for further submission to the Ministry
of Communications.
In case that the
above-mentioned application and documents are reviewed as qualified, the
Ministry of Communications shall issue the approval document to the applicant.
The applicant shall, against the production of the approval document issued by
the Ministry of Communications and the documents specified in Article 32 of
these Implementing Rules, obtain the License for Foreign-Invested Enterprise
from the department of foreign trade and economic cooperation of the people’s
government in the province (municipality directly under the Central Government
or autonomous region) where the company is proposed to be
established.
The Applicant shall, after
having obtained the approval document issued by the Ministry of Communications
and the License for Foreign-Invested Enterprise issued by the department of
foreign trade and economic cooperation of the people’s government in the
province (municipality directly under the Central Government or autonomous
region) where the enterprise is proposed to be established, settle the company
registration procedure at the company registration authority, and other relevant
procedures at the customs authority, the taxation authority and foreign currency
authority.
After establishment in
accordance with Chinese laws, foreign-invested enterprises shall, against
production of the business license issued by the company registration authority
and the relevant certifying documents provided in Article 11 of the RIMT or
Article 7 and 8 of these Implementing Rules, obtain the relevant qualification
certificate at the communications department of the people’s government in the
province (municipality directly under the Central Government or autonomous
region) before he can operate.
In case of applying for the
enlargement of business scope to include operations of international maritime
transportation and auxiliary business thereof by the foreign-invested
enterprises, the qualifications shall be obtained from the Ministry of
Communications or the communications department of the people’s government in
the province (municipality directly under the Central Government or autonomous
region) for engagement in international shipping services, non-vessel-operating
common carrier’s business, international shipping agency service, international
ship management, storage and warehousing of international shipments service, or
international maritime container freight station and container yard service.
After the qualifications have been obtained, the change of business scope
procedure shall be settled at the authority who issued the License for
Foreign-Invested Enterprise in accordance with the provisions in the relevant
State laws and regulations.
In the application for the
License for Foreign-Invested Enterprise from the department of foreign trade and
economic cooperation authority in accordance with the provisions of this
Chapter, the following document shall be submitted:
(1) application for
the establishment of the foreign-invested enterprise;
(2) contract or
agreement on joint investment or cooperation;
(3) charter of the
company;
(4) the financial
credibility documents for the main investors.
CHAPTER
FOUR
INTERNATIONAL MARITIME
TRANSPORTATION AND THE AUXILIARY BUSINESSES THEREOF
In case of new international
liner services, liner services under suspension, or any increase or decrease of
service frequency at Chinese ports, changes to ports of call in China by
international shipping service company who has acquired the liner service
qualification certificate, filing of the above-mentioned issues shall be made to
the Ministry of Communications in accordance with the provisions of the
RIMT.
In case of purchasing
vessels from abroad by a international shipping service company registered in
China, the application for registration shall be made to the Ministry of
Communications via the communications department of the people’s government in
the province (municipality directly under the Central Government or autonomous
region) where the company is registered. No vessels can be purchased from abroad
before the registration document can be obtained from the Ministry of
Communications.
In case of increase of
shipping capacity by a international shipping service company registered in
China, the name, nationality and tonnage of the vessel to be added shall be
filed with the Ministry of Communications via the communications department of
the people’s government in the province (municipality directly under the Central
Government or autonomous region) where the company is
registered.
The Ministry of
Communications shall, after the receipt of the application for filing, issue the
document certifying the filing. The international shipping service company
shall, against the production of the document certifying the filing, settle the
relevant procedures at the customs authority and the maritime safety supervision
authority before he can have the vessel in operation.
The business of a
non-vessel-operating common carrier shall include the
following:
(1) acceptance of
shipments as a carrier or conclusion of international shipment contracts; and
(2) issuance of the
bill of lading or the corresponding document of transportation; and
(3) booking of space
or ship cargo to the maritime carrier or the inland carrier;
and
(4) collection o
freight as well as other kinds of charges on the basis of the service contract;
and
(5) payment of
charges for the port to port service and the multimodal transport charges; and
(6) handling of
warehousing and vessel agency; and
(7) leasing of
containers, stuffing and destuffing; and
(8) other activities
related to non-vessel-operating common carrier’s business.
In case that the
non-vessel-operating common carrier needs to provide for the shipper or
consignee the international container consolidation and distribution service for
which he needs to engage in inland transport, cargo warehousing, international
freight station and container yard services, he shall apply to the relevant
authorities for the qualification in case that such services need the approval
from the authorities as specified in the relevant laws and
regulations.
Operators for maritime
storage and warehousing for international shipments service can engage in the
following kinds of services upon the entrustment from the shipping service
companies, non-vessel-operating common carriers, manufacturers or cargo
owners:
(1) to store and
maintain the cargo;
(2) to maintain the
stored cargo;
(3) to sort,
separate, pack and label the cargo;
(4) to distribute and
send cargo;
(5) other related
services.
Operators for international
maritime container freight station and container yard services can engage in the
following kinds of services upon the entrustment from the shipping service
companies, non-vessel-operating common carriers:
(1) to store,
maintain and transship containers;
(2) to clean, repair
and check containers;
(3) to store,
consolidate and distribute cargo in the containers;
(4) other related
services.
In case that an overseas
non-vessel-operating common carrier has no branch within the Chinese territory,
he shall entrust an operator in China who has the non-vessel-operating common
carrier’s business qualification to issue the bill of lading on his behalf. In
case a Chinese non-vessel-operating common carrier do his non-vessel-operating
common carrier’s business at places where he has no branches by means of
entrusting an agent to issue the bill of lading on his behalf, such agent shall
have the non-vessel-operating common carrier’s
qualification.
An operator who has no
non-vessel-operating common carrier’s qualification shall not accept other
qualified non-vessel-operating common carrier’s entrustment to issue the bill of
lading on behalf of such qualified non-vessel-operating common
carrier.
In case that an
international liner service operator, a non-vessel-operating common carrier, in
accordance with the provisions in the RIMT or these Implementing Rules, entrust
an international shipping agency service company, a non-vessel-operating common
carrier to issue the bill of lading or to collect freight on his behalf, the
name, address, place of registration and the means of contact for such entrusted
agent shall be made known to public on the website or by other means of
media.
The name of the website or
the media where the international liner service company or non-vessel-operating
common carrier publish the name list of his agents shall be filed with the
Ministry of Communications.
In case that an
international container liner service company concludes a service contract with
a non-vessel-operating common carrier or a cargo owner, such service contract
shall be in written form. The contract serial number shall be shown in the bill
of lading or other relevant documents.
In case that an
international container liner service operator needs to conclude with the
non-vessel-operating common carrier a service contract or accept his shipments,
the duplicate of the Qualification Certificate for the Engagement in the
Non-Vessel-Operating Common Carrier’s Business shall be required to be
produced.