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Implementing Rules of the Regulations of the People s Republic of china on International Maritime Transportation
  • Update:2007-04-28 10:11
Chapter I General Provisions Article 1 These Rules are formulated in accordance with the provisions of the Regulations of the People's Republic of China on International Maritime Transportation ( hereinafter referred to as the Maritime Transportation Regulations). Article 2 The Ministry of Communications and the relevant competent communications department of the people's government in the province, autonomous region or municipality directly under the Central Government shall, in accordance with the provisions of the Maritime Transportation Regulations and these Rules administer the international maritime transportation business operations as well as the auxiliary business operations relating to international maritime transportation under the principles of fairness, high efficiency and facilitation with the purpose of encouraging fair competition and preventing illegitimate competition. Article 3 For the purpose of the Maritime Transportation Regulations and these Rules, the definitions of the terms are as follows: (1) "International shipping services" shall mean the services provided by the operators of international shipping services relating to international maritime cargo and/or passenger transportation, and/or the activities conducted relating to such operators' vessels, passengers or cargo for the purpose of completing such international maritime cargo and/or passenger transportation by using their owned or operated vessels or space on board the vessels. Such services shall include the signing of the relevant agreements, accepting of space-booking, discussing and collecting freights, issuing of bill of lading and other related transportation documents, arranging cargo-handling and the care of the cargo, taking delivery of cargo or delivering cargo, arranging the transshipment of cargo and the entry into and departure from ports by vessels etc. (2) "Operators of international shipping services" shall include the Chinese enterprise legal persons who have acquired the Permits for Operation of International Shipping Services for operating the international shipping services according to the Maritime Transportation Regulations, or foreign enterprises established in accordance with foreign laws who operate the international shipping services to and from Chinese ports. (3) "International liner services" shall mean the regular international maritime cargo/or passenger transportation services provided between the fixed ports by means of using the owned or operated vessels or by means of the cases specified in paragraph 3, Article 16 of the Maritime Transportation Regulations. (4) "Non-vessel-operating services" shall mean the services provided in paragraph 2, Article 7 of the Maritime Transportation Regulations, including the following activities conducted relating to the cargo transported for the purpose of completing such services : a. concluding international cargo transportation contracts with the shippers in the name of carriers; b. taking delivery of cargo and delivering cargo in the name of carriers; c. issuing bills of lading or other transportation documents; d. collecting freight and other service charges; e. booking space from operators of international shipping services or contracting with operators of other means of transportation for cargo transportation; f. paying the freight of port to port transportation or other transportation charges; g. unstuffing and/or cargo container consolidation; h. other related activities. (5) "A non-vessel-operating common carrier" shall include a Chinese enterprise legal person who has acquired the license for the non-vessel-operating services in accordance with the Maritime Transportation Regulations and these Rules, and a foreign enterprise established in accordance with foreign laws or regulations who has acquired the qualification in accordance with the Maritime Transportation Regulations and these Rules for non-vessel-operating services for cargo to and from Chinese ports. (6) "A