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中华人民共和国水路运输管理条例 DECISION OF THE STATE COUNCIL ON AMENDING THE REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF WATER TRANSPORT

2006-05-14 17:43   我要纠错 | 打印 | 收藏 | | |

国务院令第237号
(Promulgated by Decree No. 237 of the State Council of the People's Republic of China on December 3, 1997)
颁布日期:19971203  实施日期:19971203  颁布单位:国务院

  The State Council has decided to amend the Regulations of the People's Republic of China for the Administration of Water Transport as follows:

  1. Article 26 is amended as: "When these Regulations are violated in any of the following manners, the competent departments for communications of people's governments at or above the county level shall impose penalties respectively according to the following provisions:

  (1) In cases of establishment of water transport enterprises or water transport service enterprises without approval, or engagement in profit-making transport by units and individuals other than water transport enterprises without approval, the offender shall be confiscated of the illegal gains and concurrently imposed a fine not less than 100% and not more than three times the amount of the illegal gains; where there are no illegal gains, a fine of not less than RMB 30,000 yuan and not more than RMB 250,000 yuan shall be imposed.

  (2) In cases of exceeding the scope of business by water transport enterprises or water transport service enterprises engaged in profit-making activities, the offender shall be confiscated of the illegal gains and concurrently imposed a fine not less than 100% and not more than three times the amount of the illegal gains; where there are no illegal gains, a fine of not less than RMB 20,000 yuan and not more than RMB 200,000 yuan shall be imposed. (3) In cases of violation of relevant state provisions in collecting freight or service charges, the violator shall be confiscated of the money collected in violation of the provisions and concurrently imposed a fine not less than RMB 20,000 yuan and not more than RMB 150,000 yuan.

  (4) In cases of failure to use prescribed transport vouchers and receipts in carrying out profit-making transport, the offender shall be administered a warning or imposed a fine not more than RMB 10,000 yuan according to the seriousness of circumstances.

  (5) In cases of failure to pay the state prescribed fees according to provisions, the offender shall be ordered to pay the fees within a time limit; if he/she doesn't do so within the time limit, the offender shall, in addition to being ordered to pay the fees unpaid, be imposed a fine not less than 100% and not more than three times the amount of the fees unpaid; if the circumstances are serious, the licence may be concurrently suspended.

  (6) In cases of monopolizing sources of freight to force services on others, the offender shall be imposed a fine not less than RMB 10,000 yuan and not more than RMB 100,000 yuan; if the circumstances are serious, the licence may be concurrently suspended or revoked."

  2. Article 27 is amended as: "If a party does not accept the penalty decision made by the competent departments for communications, he may apply to the competent departments for communications at higher levels for consideration. If he still does not accept the consideration decision made by the competent departments for communications at higher levels, he may, within 15 days of receipt of the written consideration decision, bring a suit before people's courts. If he does not bring a suit nor comply with the penalty within this period, the competent departments for communications may apply to the people's courts for compel enforcement."

  3. Article 33 is deleted.

  This Decision shall come into effect as of the date of promulgation.

  The Regulations of the People's Republic of China for the Administration of Water Transport shall be republished after being revised correspondingly according to this Decision.

  APPENDIX: REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE ADMINISTRATION OF WATER TRANSPORT

  (Promulgated by the State Council on May 12, 1987 and amended in accordance with the Decision of the State Council on Amending the Regulations of the People's Republic of China for the Administration of Water Transport, promulgated on December 3, 1997)

  Chapter I General Provisions

  Article 1 These Regulations are formulated with a view to improving administration of water transport, maintaining transportation order, and raising transportation efficiency.

  Article 2 These Regulations shall apply to all units and individuals that are engaged in water transport and the related services in the coastal waters, rivers, lakes and other navigable waters in the People's Republic of China.

  Article 3 Water transport is categorized into profit-making transport and non-profit-making transport.

  The term of profit-making transport refers to passenger transport (including tourist transport, the same hereafter) and freight transport which serve the society and involve settling accounts of fees.

  The term of non-profit-making transport refers to transport which serves the units and individuals themselves and does not involve settling accounts of fees.

  Article 4 The Ministry of Communications shall be the competent department responsible for water transport throughout the country. Local competent departments for communications shall be responsible for the water transport in their respective regions.

  Local competent departments for communications may set up administrative agencies for water transport according to actual conditions of water transport administration.

  Article 5 The principle of multiple operation and management of water transport by various regions, trades and departments shall be implemented under the guidance of state plans. Legitimate competition shall be protected and illegal operation checked.

  Article 6 The units and individuals who are engaged in water transport and the related services must observe the relevant laws and regulations of the state as well as the rules concerning water transport promulgated by the Ministry of Communications.

  Article 7 Before permission is obtained from the Ministry of Communications of the People's Republic of China, foreign-capital enterprises, Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures shall not engage in the operation and management of water transport in the coastal waters, rivers, lakes and other navigable waters in the People's Republic of China.

  Chapter II Administration of Profit-Making Water Transport

  Article 8 The establishment of water transport enterprises and enterprises for the related services and the engagement in profit-making water transport by units and individuals other than water transport enterprises shall be examined and approved by the competent departments for communications according to the relevant provisions of these Regulations, and based on the overall balancing conditions of the society's transportation capacity and freight volume. The procedures of examination and approval shall be stipulated by the Ministry of Communications.

  The measures for examining and approving non-profit-making transport by boats and ships which are likely to have a fairly great bearing on the administration of water transport shall be separately formulated by the Ministry of Communications in conjunction with the departments concerned.

  Article 9 Water transport enterprises must meet the following requirements:

  (1) possessing transport vessels compatible with their scope of business;

  (2) possessing relatively stable source of customers or freight;

  (3) having along the shipping lines for their passenger ships or boats regular ports (stations) of call with corresponding service facilities, as is required of passenger-transporters;

  (4) having structural institutions and persons in charge of management;

  (5) possessing their own circulating capital compatible with their transport business.

  Article 10 To establish water transport service enterprises, it is necessary to meet the requirement provided for in the fourth paragraph, Article 9 and possess their own circulating capital compatible with water transport services.

  Article 11 Units and individuals other than water transport enterprises that want to engage in profit-making transport must meet the requirements provided for in the first, second, third and fifth paragraphs of Article 9 and have definite persons in charge of the work.

  Article 12 Competent departments for communications shall examine and approve the scope of business of water transport enterprises and other units and individuals engaged in profit-making transport according to their level of management, transport capacity and source of customers and freight.

  Article 13 Competent departments for communications shall issue transport licences to the approved water transport enterprises and other units and individuals engaged in profit-making transport and shall issue transport service licences to the approved water transport service enterprises.

  Article 14 The units and individuals that have obtained transport licences and transport service licences shall apply on the strength of the licences to the local administrative departments for industry and commerce for business registration. They may start business only after the applications have been checked and approved and the business licences issued.

  Article 15 Water transport enterprises, water transport service enterprises and other units and individuals engaged in profit-making transport that want to wind up their businesses, shall go through the necessary formalities at the competent departments for communications and the administrative departments for industry and commerce.

  Article 16 The Ministry of Communications and the competent departments for communications of the provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the overall balancing of water transport plans at their respective levels.

  The Ministry of Communications shall, according to state plans, organize overall balancing of national transport plans for those important materials, through transport materials and foreign trade materials for which overall balancing need be conducted. If the plans concern trans-provinces water transport along the main waterways of the river systems of the Yangtze River, the Zhujiang River and the Heilongjiang River, the administrative agencies in charge of water transport sent to these provinces by the Ministry of Communications shall organize the overall balancing. If the plans Concern water transport within the jurisdiction of the provinces, autonomous regions and municipalities directly under the Central Government, the competent departments for communications of these provinces, autonomous regions and municipalities shall organize the overall balancing.

  Article 17 Water transport enterprises and other units and individuals engaged in profit-making transport may, in their approved scope of business, undertake and organize transport of freight and customers outside the transport plans worked out through overall balancing. No units or individuals shall maintain regional and departmental blockade to monopolize sources of customers and freight.

  Article 18 Carriers and consigners of profit-making water freight transport must conclude transport contracts in accordance with the provisions of the Economic Contract Law of the People's Republic of China and Rules for the Implementation of Contracts for Water Freight Transport.

  Article 19 Water transport enterprises and other units and individuals engaged in profit-making transport must observe the relevant stipulations of the state in collecting shipping and additional charges and use the vouchers and receipts prescribed by the Ministry of Communications.

  Article 20 Self-employed operators (including partnerships, the same hereafter) engaged in profit-making water transport shall cover vessel insurance according to the relevant provisions of the state.

  Article 21 Water transport enterprises and other units and individuals engaged in profit-making transport as well as departments for petroleum, coal, metallurgy, commerce, supply and marketing, foreign trade, forestry, electric power, chemical industry and aquatic products must, according to relevant provisions, provide statistical information concerning profit-making and non-profit-making transport to competent departments for communications and departments in charge of statistics.

  Article 22 Water transport service enterprises shall not monopolize sources of freight to force services on others, neither shall service charges go beyond the prescribed standards.

  Article 23 Civil seaports or civil river ports shall provide harbour facilities and related services to transport vessels in accordance with the state provisions and plans concerning administration of harbours.

  Vessels entering and leaving harbours must observe harbour regulations and subject themselves to harbour administration.

  Water transport enterprises and other units and individuals engaged in profit-making transport may, on voluntary basis, conclude business procuration contracts with harbour enterprises according to relevant provisions.

  Article 24 Water transport enterprises and other units and individuals engaged in profit-making transport must pay taxes, prescribed fees (harbour-dues, vessel berth age, navigational lane tolls) and transport management fees. Units and individuals engaged in non-profit-making transport must pay the necessary fees prescribed by the state.

  The procedures for calculation and collection of prescribed fees and transport management fees shall be formulated by the Ministry of Communications in conjunction with the relevant competent departments under the State Council.

  Article 25 Units owned by the whole people and units owned by collectives and self-employed boatmen that are engaged in water transport enjoy the protection of state laws over their legitimate rights and interests. No units and individuals shall illegally collect fees from or apportion expenses among them.

  Chapter III Penalty Provisions

  Article 26 When these Regulations are violated in any of the following manners, the competent departments for communications of people's governments at or above the county level shall impose penalties respectively according to the following provisions:

  (1) In cases of establishment of water transport enterprises or water transport service enterprises without approval, or engagement in profit-making transport by units and individuals other than water transport enterprises without approval, the offender shall be confiscated of the illegal gains and concurrently imposed a fine not less than 100% and not more than three times the amount of the illegal gains; where there are no illegal gains, a fine of not less than RMB 30,000 yuan and not more than RMB 250,000 yuan shall be imposed.

  (2) In cases of exceeding the scope of business by water transport enterprises or water transport service enterprises engaged in profit-making activities, the offender shall be confiscated of the illegal gains and concurrently imposed a fine not less than 100% and not more than three times the amount of the illegal gains; where there are no illegal gains, a fine of not less than RMB 20,000 yuan and not more than RMB 200,000 yuan shall be imposed.

  (3) In cases of violation of relevant state provisions in collecting freight or service charges, the violator shall be confiscated of the money collected in violation of the provisions and concurrently imposed a fine not less than RMB 20,000 yuan and not more than RMB 150,000 yuan.

  (4) In cases of failure to use prescribed transport vouchers and receipts in carrying out profit-making transport, the offender shall be administered a warning or imposed a fine not more than RMB 10,000 yuan according to the seriousness of circumstances.

  (5) In cases of failure to pay the state prescribed fees according to provisions, the offender shall be ordered to pay the fees within a time limit; if he/she doesn't do so within the time limit, the offender shall, in addition to being ordered to pay the fees unpaid, be imposed a fine not less than 100% and not more than three times the amount of the fees unpaid; if the circumstances are serious, the licence may be concurrently suspended.

  (6) In cases of monopolizing sources of freight to force services on others, the offender shall be imposed a fine not less than RMB 10,000 yuan and not more than RMB 100,000 yuan; if the circumstances are serious, the licence may be concurrently suspended or revoked.

  Article 27 If a party does not accept the penalty decision made by the competent departments for communications, he may apply to the competent departments for communications at higher levels for consideration. If he still does not accept the consideration decision made by the competent departments for communications at higher levels, he may, within 15 days of receipt of the written consideration decision, bring a suit before people's courts. If he does not bring a suit nor comply with the penalty within this period, the competent departments for communications may apply to the people's courts for compel enforcement.

  Article 28 Violations of these Regulations punishable in accordance with the provisions concerning administration of public security shall be handled by public security organs. If crimes are committed, the judicial organs shall pursue the criminal liabilities according to law.

  Article 29 If administrative personnel for water transport violate these Regulations, the competent departments for communications shall give administrative sanctions or economic penalties.

  Chapter IV Supplementary Provisions

  Article 30 The following terms used in these Regulations are defined as follows:

  "Water transport enterprises" refers to the enterprises which are specially engaged in profit-making water transport.

  "Water transport service enterprises" refers to the enterprises which go through formalities concerning transport, handle transfer of goods and organize sources of freight on behalf of customers; through transport service enterprises which serve mixed means of transport are not included.

  Article 31 These Regulations shall not apply to international water transport and water transport by raft.

  Article 32 The water transport enterprises, water transport service enterprises and other units and individuals engaged in profit-making transport that already started business before the promulgation of these Regulations shall, within 180 days of the promulgation, make a deferred application for approval. The competent departments for communications shall order those that fall short of the necessary requirements for starting business to cease or to genre organized within a certain time limit. If the reorganization proves ineffective, their business licences shall be revoked by the competent departments for industry and commerce.

  Article 33 These Regulations shall go into effect on October 1, 1987.

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