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中华人民共和国国际货物运输代理业管理规定 PROVISIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON ADMINISTRATION OF THE INTERNATIONAL GOODS SHIPPING AGENCY INDUSTRY

2006-05-16 15:39   我要纠错 | 打印 | 收藏 | | |

对外贸易经济合作部令一九九五年第5号
(Approved by the State Council on June 6, 1995, and promulgated by Decree No. 5 of the Ministry of Foreign Trade and Economic Cooperation on June 29, 1995)
颁布日期:19950629  实施日期:19950629  颁布单位:外经贸部

  Chapter I General Provisions

  Article 1 These Provisions are formulated for the purpose of regulating the activities of international goods shipping agents, safeguarding the lawful rights and interests of the consignee and consignor of imported and exported goods and of international goods shipping agency enterprises, and promoting the development of foreign trade.

  Article 2 The international goods shipping agency industry cited in these Provisions refers to the industry in which those agencies are, with the entrustment of a consignee or consignor and in the name of a client or their own names, engaged in international goods shipping and related business for the client and charge a service fee.

  Article 3 Any international goods shipping agency enterprise must obtain a qualification of enterprise as a legal person of the People's Republic of China in compliance with the law.

  Article 4 The competent authority in charge of foreign trade and economic cooperation under the State Council shall be responsible for the nationwide supervision and control of the international goods shipping agency industry.

  The competent authority in charge of foreign trade and economic cooperation under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and special economic zones (hereinafter referred to as the local authority in charge of foreign trade and economic cooperation) shall, according to these Provisions and within the scope delegated by the competent authority in charge of foreign trade and economic cooperation under the State Council, be responsible for the supervision and control of the international goods shipping agency industry within their own administrative regions.

  Article 5 Where any supervision and control is carried out on the international goods shipping agency industry, the following principles shall be complied with:

  (1) To suit the needs of development of foreign trade and to promote rational distribution of the international goods shipping agency industry;

  (2) To protect fair competition and to promote the improvement of service quality of the international goods shipping agency industry.

  Article 6 Any enterprise engaged as an international goods shipping agent shall abide by the laws and administrative regulations of the People's Republic of China, and shall be subject to supervision and control by the relevant industrial administrative department in accordance with the provisions of relevant laws and administrative regulations.

  Chapter II Requirements for Establishment

  Article 7 If an international goods shipping agency enterprise is to be established, then, according to the characteristics of that industry, the following requirements shall be satisfied:

  (1) There are professional personnel who are suited for the business the international goods shipping agency is engaged in;

  (2) There is a fixed operating site and necessary operating facilities;

  (3) There are stable commodity supply markets for imports and exports.

  Article 8 The minimum amount of registered capital for an international goods shipping agency enterprise shall comply with the following requirements:

  (1) The minimum amount of registered capital for those engaged in marine transportation of international goods shall be five million Renminbi yuan;

  (2) The minimum amount of registered capital for those engaged in air transportation of international goods shall be three million Renminbi yuan;

  (3) The minimum amount of registered capital for those engaged in land transportation of international goods or international express delivery shall be two million Renminbi yuan.

  For any enterprise engaged in more than two items of business in the preceding paragraph, the minimum amount of registered capital shall be the highest one among them.

  Whenever a branch of an international goods shipping agency enterprise is to be established, which will itself act as an international shipping agency, the registered capital of the international shipping agency enterprise shall be increased by 500 thousand Renminbi yuan.

  Chapter III Procedures for Examination and Approval

  Article 9 When an international goods shipping agency enterprise applies for establishment, the applicant shall apply to the local administrative department in charge of foreign trade where the international shipping agency enterprise intending to be established will be located, and after the recommendation of the local administrative department in charge of foreign trade, the application shall be submitted to the competent authority in charge of foreign trade and economic cooperation under the State Council for examination and approval.

  If an enterprise directly under departments of the State Council in Beijing applies for the establishment in Beijing of an international goods shipping agency enterprise, the application shall be submitted directly to the competent authority in charge of foreign trade and economic cooperation under the State Council, and be examined and approved by the competent authority in charge of foreign trade and economic cooperation under the State Council.

  Article 10 When an international goods shipping agency enterprise is applying for establishment, the following documents shall be submitted:

  (1) Letter of application;

  (2) Draft articles of the enterprise constitution;

  (3) The names, positions and identification papers of the responsible person and major business personnel;

  (4) Letter of credit and status of operating facilities;

  (5) Other documents described by the competent authority in charge of foreign trade and economic cooperation under the State Council.

  Article 11 The local administrative department in charge of foreign trade shall produce a recommendation within 45 days of receiving the application letter for establishment of an international goods shipping agency enterprise and other documents, and shall submit it to the competent authority in charge of foreign trade and economic cooperation under the State Council.

  The competent authority in charge of foreign trade and economic cooperation under the State Council shall make a decision to approve or reject the application within 45 days after receiving the application letter for establishment of an international goods shipping agency enterprise and other documents, and issue a certificate of approval to those approved international goods shipping agency enterprises.

  Article 12 The international goods shipping agency enterprise shall, according to the provisions of relevant laws and administrative regulations, go through the procedure of enterprise registration and taxation registration using the certificate of approval issued by the competent authority in charge of foreign trade and economic cooperation under the State Council.

  Article 13 If without reasonable cause the applicant does not start business operation within 180 days from the date of receiving the certificate of approval, the competent authority in charge of foreign trade and economic cooperation under the State Council shall revoke the certificate of approval.

  Article 14 The certificate of approval shall be valid for 3 years.

  The international goods shipping agency enterprise shall, if it is going to continue operation as an international goods shipping agency past the validity of the certificate of approval, apply for renewal of the certificate of approval to the competent authority in charge of foreign trade and economic cooperation under the State Council within 30 days before the expiration of the certificate of approval. If any international goods shipping agency enterprise has not renewed the certificate of approval in compliance with the preceding paragraph, its qualification to be engaged in international goods shipping agency shall be revoked automatically with the date of expiration of the certificate of approval.

  Article 15 If any international goods shipping agency enterprise is to stop business, it shall report to the local administrative department in charge of foreign trade where it is located or to the competent authority in charge of foreign trade and economic cooperation under the State Council and submit the certificate of approval for revocation according to the provisions of Article 9 in these Provisions on procedures for application for approval of establishment.

  Article 16 If any international goods shipping agency enterprise applies for establishment of an international goods shipping agency branch, it shall be subject to the procedures described in this Chapter.

  Chapter IV Business Operation

  Article 17 An international goods shipping agency enterprise may be entrusted with or engage in any or all of the following operational activities:

  (1) Booking cargo space and storage of goods;

  (2) Monitoring the loading and unloading of goods, assembly and disassembly of containers;

  (3) International through transport;

  (4) International express delivery, with the exception of private letters;

  (5) Declaration of customs, inspection, examination and insurance;

  (6) Compiling the relevant bills, paying transportation expenses and settling accounts, paying miscellaneous expenses;

  (7) Other business of an international goods shipping agency.

  Any international goods shipping agency enterprise shall engage in operating activities within the approved scope of business operation. If any of operational activities described in the preceding paragraph is to be engaged in, and if it shall be subject to registration by the concerned administrative department according to the provisions of the laws and administrative regulations concerned, such registration shall be made with the concerned administrative department.

  International goods shipping agency enterprises may entrust each other with the business items described in Paragraph 1 of this Article.

  Article 18 Any international goods shipping agency enterprise shall abide by the operating policy of security, speed, accuracy, economy and convenience, and provide service for the consignee and consignor of imports and exports.

  Article 19 Any international goods shipping agency enterprise shall determine a fee standard according to the relevant provisions of the state, and shall announce it at its place of business.

  Article 20 Any international goods shipping agency enterprise shall, while being engaged in business of international goods shipping agency, use the invoice examined and approved by the taxation authority.

  Article 21 Any international goods shipping agency enterprise shall, before the end of March each year, submit materials of operating situation of previous year to the local administrative department in charge of foreign trade where it is located.

  Article 22 No international goods shipping agency enterprise shall engage in the following activities:

  (1) To carry out operating activities through methods of unfair competition;

  (2) To lend, rent or transfer the certificate of approval or bills concerning business of the international goods shipping agency.

  Chapter V Penalty Provisions

  Article 23 If any international goods shipping agency enterprise violates the provisions of Article 19 or 21 in these Provisions, it shall be issued a warning and be ordered to make amends within a specified time period by the competent authority in charge of foreign trade and economic cooperation under the State Council; if no amends are made within the specified time period, the certificate of approval shall be revoked.

  Article 24 If any international goods shipping agency enterprise violates the provisions of Paragraph 2 of Article 17, or Article 20 or 22 in these Provisions, it shall be subject to a warning, ordered to stop business and make amends, and may even be subject to the revoking of the certificate of approval; the concerned administrative departments in charge of the administration of industry and commerce, customs and taxation also may impose punishment in accordance with the relevant provisions of the laws and administrative regulations.

  Article 25 Whoever, in violation of the provisions of these Provisions, engages in business of international goods shipping agency described in Article 17 of these Provisions without authorization shall have such illegal operating activities suppressed by the competent authority in charge of foreign trade and economic cooperation under the State Council, and be subject to punishment by the administrative department for industry and commerce according to the relevant provisions of laws and administrative regulations.

  Article 26 If any violation constitutes a crime, the criminal responsibility shall be investigated in accordance with law.

  Chapter VI Supplementary Provisions

  Article 27 International goods shipping agency enterprises may, according to law, establish an international goods shipping agency industry association; the association shall provide coordination, guidance and service for its members in compliance with its Articles.

  Article 28 These Provisions shall become effective on the date of promulgation.

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