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Ministry of Commerce
Circular of the Ministry of Commerce of the People’s Republic of China
No. 82
In accordance with the relevant procedure provisions of the Measures of the Ministry of Commerce for Drafting Laws and Administrative
Regulations and Formulating Rules and Normative Documents on the departmental rules and regulations’ formulation, after widely soliciting
opinions, the Ministry of Commerce of the People’s Republic of China has made a decision on modifying the Detailed Rules for Implementation
of the Regulation of the People’s Republic of China on the Administration of International Freight Forwarding Industry (for Trial
Implementation) (hereinafter referred to as Detailed Rules for Implementation).
The content of Article 6 of the former Detailed Rules for Implementation, namely, “The applicant of international freight forwarding
agency shall be entities in relation to import and export trade or of international freight forwarding and having stable supply of
goods. The investor in conformity with the above-mentioned requirements shall hold majority shares in the application projection.”,
shall be modified as: “The shareholders of international freight forwarder may comprise enterprise legal persons, natural persons
or other economic organizations. The big shareholder shall be enterprise legal person in relation to import and export trade or international
freight forwarding and having stable supply of goods, and shall account for the majority shares in the international freight forwarder.
No shareholders other than the enterprise legal person may account for majority shares in international freight forwarder.” In addition,
“Ministry of Foreign Trade and Economic Cooperation” and “Ministry of Foreign Economy and Trade” shall be modified as ” Ministry
of Commerce”; “the competent administrations of foreign trade and economy” in the former articles shall be modified as “competent
administrations of commerce”; and “local competent administrations of foreign trade and economy” shall be modified as “local competent
administrations of commerce”.
Detailed Rules for Implementation of Regulations of the People’s Republic of China on the Administration of International Freight
Forwarding Industry are hereby promulgated anew after the modification and shall be implemented as of the promulgation.
Ministry of Commerce of the People’s Republic of China
January 1st, 2004
Detailed Rules for Implementation of Regulations of the People’s Republic of China on the Administration of International Freight
Forwarding Industry
Chapter I General Provisions
Article 1
With a view to maintaining the order of international freight forwarding market, strengthening supervision over the international
freight forwarding industry, and promoting the healthy development of the international forwarding industry of our country, the present
Detailed Rules are hereby formulated in accordance with the Regulations of the People’s Republic of China on the Administration of
the International Freight Forwarding Industry (hereinafter referred to as the Regulations) as promulgated by the former Ministry
of Foreign Trade and Economic Cooperation upon approval of the State Council on June 29, 1995.
Article 2
An international freight forwarding enterprise (hereinafter referred to as the international freight forwarder) may act as an agent
of the consignee or the consignor of import and export cargo, or as an independent operator engaging in international freight forwarding
operations.
The international freight forwarding operations of an international freight forwarder as an agent refer to the activities whereby,
entrusted by the consignee or consignor of import and export cargo or their agents, it handles related operations in the name of
its clients or its own, and collects agent fees or commissions.
The international freight forwarding operations of an international freight forwarder as an independent operator refer to the activities
whereby it accepts the entrustment of the consignee, consignor of import and export cargo or their agents, signs and issues transport
documents, performs transport contracts and collects transport fees and service charges.
Article 3
The name and logo of an international freight forwarder shall comply with the relevant provisions of the State and with its business
operations, and be able to demonstrate the characteristics of the industry. Its name shall contain such relevant words as “freight
forwarding”, “transport services”, “container transport” and “logistics”, etc.
Article 4
The “scope of authorization” as prescribed in paragraph 2, Article 4 of the Regulations refers to, with the authorization of the
Ministry of Commerce, the competent departments of commerce of the People’s Government of a province, an autonomous region, a municipality
directly under the central government, or a city directly under State planning are responsible for the supervision over and administration
of the international freight forwarding industry in their respective jurisdictions (The Ministry of Commerce and the competent local
departments of commerce are hereinafter jointly called the competent departments in charge of the trade sector), Such a scope of
authorization shall cover: preliminary examination on the application of an enterprise for engaging in an international freight forwarding
project, the annual examination and license-change examination on international freight forwarders, business statistics, training
of professionals, guidance of local trade associations in carrying out work as well as working with relevant local administrative
departments in standardizing the operational behaviors of freight forwarders and rectifying the operational order of the freight
forwarding market.
The international freight forwarding subsidiaries, branches and non-commercial executive offices set up by enterprises directly under
the departments of the State Council or by enterprises from other localities in a city directly under State planning (excluding special
economic zones), shall, in pursuance of the scope of authorization as prescribed in the preceding paragraph, accept the supervision
and administration from provincial competent departments of commerce.
No other entity may engage in the examination, approval or administration of the international freight forwarding industry without
authorization from the Ministry of Commerce.
Article 5
The Ministry of Commerce shall be responsible for carrying out professional training on employees of international freight forwarders
and making an examination of the qualifications of the training institutions. No entity without approval may engage in the qualification
training of employees of international freight forwarders. The conditions for the establishment of training institutions and their
training contents and teaching materials shall be separately prescribed by the Ministry of Commerce.
Professionals engaged in international freight forwarding operations shall accept the training as prescribed in the preceding paragraph.
Upon passing the examinations, they shall obtain qualification certificates of international freight forwarding.
Chapter II Conditions for Establishment
Article 6
The applicants for establishing international freight forwarders shall be an enterprise legal person, a natural person or other economic
organizations, of which the big shareholder shall be an enterprise legal person in relation to import and export trade or international
freight transportation and have stable supply of cargo, and shall account for the majority shares in the international freight forwarders.
No shareholders except the enterprise legal person may account for majority shares in the international freight forwarders.
Article 7
An international freight forwarder shall possess the enterprise legal person qualification of the People’s Republic of China according
to law. The enterprise’s organizational form shall be a limited liability company or a joint-stock company. Any entity with administrative
monopoly powers shall be prohibited from applying for investing and dealing in international freight forwarding business. Carriers
and other enterprises, which may entail unfair competition to the international freight forwarding industry, shall not file an application
for dealing in international freight forwarding operations.
Article 8
The operational conditions as prescribed in Article 7 of the Regulations shall include:
1.
Having at least five professionals who have been dealing in international freight forwarding operations for over three years and whose
qualifications have been certified by their previous employers; or, they have obtained the qualification certificates issued by the
Ministry of Commerce according to Article 5 of the present Detailed Rules;
2.
Having a fixed place of business, and property rights certificates shall be presented in the case of self-owned housing and sites;
and tenancy contracts shall be presented in the case of leased housing and sites;
3.
Having necessary operational facilities, including a certain amount of telephones, fax machines, computers, short-distance transport
tools, loading and unloading equipment, packaging equipment etc.; and
4.
Having a stable supply of import and export cargo, which means that the amount of import and export cargo in the present area is relatively
larger, that the freight forwarding industry has the conditions and potentials for further development, and that the applying enterprise
can get a sufficient supply of cargo.
Article 9
In case multimode transport business is included in the scope of business of international freight forwarding operations as applied
for by an enterprise, the following conditions shall also be met with in addition to meeting with the conditions as prescribed in
Article 7 of the Regulations and in Articles 6, 7 and 8 of the present Detailed Rules:
1.
Having been engaging in the relevant operations as listed in Article 32 of this Detailed Rules for over three years;
2.
Having corresponding domestic and overseas agent networks; and
3.
Having international freight forwarding bills of lading, which are registered and put on records at the Ministry of Commerce.
Article 10
An international freight forwarder shall, when applying for establishing each subsidiary, increase its registered capital by RMB 500,000
Yuan accordingly. If the enterprise’s registered capital has exceeded the minimum amount as prescribed in the Regulations (RMB 5
million Yuan for sea transport, RMB 3 million Yuan for air transport and RMB 2 million Yuan for land transport and express delivery),
the excess amount can be used as the capital increased for establishing the subsidiary.
Article 11
The “branch organs” as mentioned in the Regulations and the present Detailed Rules refer to the branch companies.
Chapter III Procedures for Examination and Registration
Article 12
To deal in international freight forwarding operations, it is imperative to obtain the International Freight Forwarder Approval Certificate
of the People’s Republic of China (hereinafter referred to as the Approval Certificate) issued by the Ministry of Commerce.
The entity applying for dealing in international freight forwarding operations shall submit the following documentation:
1.
The application, specifying the name of the investors, explanations to the application qualification and the application project;
2.
The feasibility study report, specifying basic information, qualification statement, current conditions, market analysis, business
forecasts, establishment program, economic budget and development budget, etc.;
3.
Enterprise legal person business licenses (Photostat copies) of the investors;
4.
The resolutions of the board of directors, the shareholders meeting or the general assembly of shareholders;
5.
The Articles of Association (or draft) of the enterprises;
6.
Information of major professionals (inclusive of educational experience, majors of study, work experiences, qualification certificates);
7.
The credit standing certificates (capital verification reports of all the investors issued by accountant firms);
8.
The agreement of capital contribution of investors;
9.
The resume of the legal representative;
10.
The format of the international freight forwarding bill of lading (transport document);
11.
The letter of advance approval of enterprise name (Photocopy, issued by the administrative departments for industry and commerce);
12.
The international freight forwarder application form I (Attachment Form I); and
13.
Transaction clauses.
With the exception of Items (3) and (11), the above-mentioned documents shall all be submitted in their original texts and annexed
with official seals.
Article 13
The competent departments in charge of the trade sector shall make an examination of application projects, which shall include:
1.
The necessity of establishing the project;
2.
The authenticity and integrality of the application documents;
3.
The qualifications of the applicants;
4.
The credit standing of the applicants; and
5.
The qualifications of the professionals.
Article 14
The competent local departments of commerce shall, after making examinations on the application projects, report to the Ministry of
Commerce the preliminary opinions (including the scope and areas of business, and the proportion of capital contributions of investors
as suggested for approval, etc.) and all the application documents according to the time as prescribed in paragraph 1 of Article
11 of the Regulations for examination and approval.
Article 15
In any of the following circumstances, the Ministry of Commerce shall reject the application and explain the reasons:
1.
The documentation is incomplete;
2.
The submission procedure is inconformity with the requirements; or
3.
The Ministry of Commerce has circulated a notice, suspending the acceptance of applications for dealing in international freight forwarding
operations.
Article 16
In any of the following circumstances, the Ministry of Commerce shall give a reply of disapproval upon investigation and verification:
1.
The applicant is not qualified for dealing in international freight forwarding operations;
2.
The applicant has been engaging in illegal forwarding operational activities within 5 years from the date of submission, and has been
imposed a penalty by the administrative departments of the State;
3.
The applicant purposely disguises or gives false information on submission information; or
4.
Other conditions inconformity with the relevant principles of Article 5 of the Regulations.
Article 17
An applicant shall, upon receiving the official reply of approval from the Ministry of Commerce, within 60 days from the date of receiving
the reply, take the revised Articles of Association (original copy) of the enterprise, go to the Ministry of Commerce and obtain
the approval certificate upon the strength of the introductory letter of the competent local departments of commerce.
Article 18
An enterprise may apply for expansion of its business scope and areas one year after its establishment and dealing in international
freight forwarding operations. The competent local departments of commerce shall, upon examination, report to the Ministry of Commerce
for approval in accordance with the procedures as prescribed in Article 11 of the Regulations.
An enterprise may, one year after its establishment and dealing in international freight forwarding operations, and on the condition
of having built up a certain business scale, apply for establishing subsidiaries or branches. The enterprise shall present the opinions
of the competent local departments of commerce of the place where the enterprise is located (in case of Beijing-based enterprises
directly under the departments of the State Council, the letter of opinion solicitation from the Ministry of Commerce), file an application
with the local departments in charge of business affairs of the place (excluding cities directly under State planning) where the
branches or subsidiaries are to be located; in case of a city directly under State planning, the application shall be submitted to
the Ministry of Commerce for approval in accordance with the provisions of Article 14 of the present Detailed Rules. The business
scope of the branches or subsidiaries shall not go beyond that of its parent company or head office.
When setting up a non-commercial executive office, an international freight forwarder shall make submission to and put on the archival
files at the competent local department in charge of the trade sector at the place where the executive office is located and accept
administration.
Article 19
Where an enterprise files an application in accordance with paragraphs 1 and 2 of Article 18 of the present Detailed Rules, it shall
submit the following documents in addition to the relevant documentations as prescribed in Article 12 of the present Detailed Rules:
1.
The original official reply on international freight forwarding operations (Photocopy);
2.
The approval certificate (Photostat copy);
3.
The business license (Photostat copy);
4.
The Form II for the Application of International Freight Forwarders (Attachment Form II, Attachment Form I is for the establishment
of subsidiaries);
5.
The operational situation report (inclusive of network construction);
6.
The resumes of the legal representatives of subsidiaries or the executives of the branches; and
7.
Registration form for annual examination of the previous year.
Article 20
Where an enterprise applies for establishing a subsidiary, the applicant shall, upon receipt of the affirmative reply and within ninety
days as of the date of the reply, present a legally valid capital verification report as well as the revised Articles of Association
(the original copy) of the enterprise after the head office has expanded the registered capital according to the provisions of Article
10 of the present Detailed Rules and go to the Ministry of Commerce to obtain the approval certificate upon the strength of the
introductory letter from competent local departments of commerce at the place where the branches are to be located.
Article 21
In case an applicant fails to go through formalities for obtaining the certificate within a prescribed time limit, or fails to start
business operation without justifiable reasons 180 days beyond the date of obtaining approval certificate, his qualification of dealing
in international freight forwarding operations will be invalidated automatically unless otherwise his application for extension has
been approved.
Article 22
The Ministry of Commerce may, on the basis of the development and overall arrangement of international freight forwarding industry,
decide to suspend accepting the application for dealing in international freight forwarding operations within a period of time or
take restrictive measures.
The Ministry of Commerce shall make announcement on the decisions made in pursuance of the preceding provisions.
Article 23
In case of any change with an international freight forwarder as follows, it shall report to the Ministry of Commerce for examination
and approval, and obtain a new approval certificate:
1.
Name of the enterprise;
2.
Type of the enterprise;
3.
Equity relationship;
4.
Decrease of the registered capital;
5.
Business scope; or
6.
Business areas.
In case of any of the following changes, it shall directly obtain another approval certificate after reporting and filing a record
with the Ministry of Commerce.
1.
Mailing address or place of business;
2.
Legal representatives;
3.
Increase of the registered capital; or
4.
Department directly subordinated.
Article 24
An international freight forwarder shall go though registration formalities upon strength of the approval certificate at the administrative
department for industry and commerce and customs.
No entity may, without obtaining the approval certificate, use the “international freight forwarding operation” or other wordings
identical or similar to the meaning thereof in its business license for industry and commerce.
Chapter IV Annual Examination and Change of Certificates
Article 25
The Ministry of Commerce shall implement a system of annual examination and change of certificates on international freight forwarders.
Article 26
The Ministry of Commerce shall be responsible for the annual examination on Beijing-based enterprises directly under the departments
of the State Council, and for the change of certificates of the international freight forwarders all over the country. The competent
local departments of commerce shall be responsible for the annual examination on the international freight forwarders within their
own districts (including the subsidiaries and branches established by enterprises directly under the departments of the State Council
and by enterprises from other localities).
Article 27
An international freight forwarder shall submit the annual examination registration form (Attachment III), capital verification report
and business license (Photocopy) to the competent local department of commerce (Beijing-based enterprises directly under the departments
of the State Council shall submit directly to the Ministry of Commerce) at the place where it is located before the end of March
each year and apply for annual examination.
The annual examination focuses on the examination of the management of the enterprises, and their compliance and implementation of
the Regulations and other relevant laws, regulations and rules. After the enterprises have passed the annual examination, the department
in charge of the trade sector shall add the seal of “passing the annual examination” to their approval certificates.
Article 28
The period of validity of the approval certificate is 3 years.
An enterprise shall, 60 days before the expiry of the period of validity of the approval certificate, file an application with the
competent local department of commerce for changing the certificate, in which process, the enterprise shall submit the following
documentation:
1.
The registration form of certificate change application (Attachment Form IV);
2.
The approval certificate (Original copy); and
3.
The business license (Photocopy).
Article 29
In case an enterprise has passed the annual examination for three consecutive years, the competent local department of commerce shall
submit to the Ministry of Commerce the approval certificate 30 days before the expiration of its period of validity, and apply for
a new approval certificate.
Article 30
When an international freight forwarder applies for changing its certificate, the competent department in charge of the trade sector
shall make an examination of its operational qualification and situation and shall refuse to grant a new approval certificate in
any of the following circumstances:
1.
Failing to comply with the provisions of Article 27 of this Detailed Rules;
2.
Failing to punctually go through formalities for changing certificate;
3.
Transferring shareholder’s rights without authorization; or
4.
Changing of such major matters as the enterprise’s name, place of business, and registered capital without authorization and failing
to file a record for archival purposes in accordance with relevant provisions.
Article 31
In case an enterprise fails to change a new approval certificate due to its own reasons, its qualification for engaging in international
freight forwarding operations shall be invalidated automatically on expiration of its validity. The Ministry of Commerce shall make
announcement on the above-mentioned conditions. The administrative departments for industry and commerce shall write off the above-mentioned
enterprises or order them to go through the formalities for the alteration of their scope of business.
In case an enterprise, which has lost its qualification of dealing in international freight forwarding operations, desires to continue
with this business, it shall file another application in compliance with relevant provisions.
Chapter V Business Management
Article 32
An international freight forwarder may engage in management activities as an agent or independent operator. Its scope of business
shall include:
1.
Canvassing cargo, booking space (including ship renting, plane chartering and cabin booking), consignment for shipment, warehousing
and packaging;
2.
Supervision over cargo loading and unloading, container stuffing and dismantling, distribution, transit, and related short-distance
transport services;
3.
Declarations to the customs, the commodity inspection and checking, and insurance purchases;
4.
Making, signing and issuing relevant documents and bills, payment of transport fees, settlement and payment of incidental charges;
5.
Freight forwarding of international items on display, personal effects and cargo passing through the territory of a country;
6.
International multimodal transport, and container transport (including container assembling);
7.
International express delivery (excluding personal letters); and
8.
Consultation and other international freight forwarding operations.
Article 33
International freight forwarders shall engage in business activities in accordance with the business scope and areas as enumerated
in the approval certificates and business licenses.
Article 34
The Ministry of Commerce may, on the basis of the development of the respective industry, entrust the trade associations to formulate
the standard transaction clauses by referring to the international customs, and the international freight forwarders may refer to
them without the approval of the Ministry of Commerce. The international freight forwarders may formulate transaction clauses by
themselves, but they may not use it until the clauses have been put on record at the Ministry of Commerce.
Article 35
The international freight forwarders shall submit the business statistics to the competent departments in charge of the trade sector,
and be responsible for the truthfulness of the statistical numbers. The measures for the compilation of the business statistics shall
be separately prescribed by the Ministry of Commerce.
Article 36
The international freight forwarders shall, when accepting entrustment to handle relevant businesses as agents, sign written entrustment
agreement with the import or export consignees or consignors. The disputes arising between the two parties shall be settled on the
basis of the written agreement they signed.
An international freight forwarder shall, as an independent operator, when engaging in the relevant operations as prescribed in Article
32 of the present Detailed Rules, sign transport documents and bills to the owner of cargo. Should a business dispute occur with
the owner of cargo, it shall be settled on the basis of the transport documents and bills as signed by the enterprise. When a business
dispute occurs with the actual carrier, it shall be settled on the basis of the transport contract signed with the actual carrier.
Article 37
The international freight forwarding bill of lading used by the international freight forwarders shall be subject to a registration
and numbering system. All the international freight forwarding bills of lading signed and issued within the Chinese territory shall
be submitted by the international freight forwarders to the Ministry of Commerce for registration and indicate the approval number.
International freight forwarders shall strengthen management on their international freight forwarding bills of lading. No such bills
of lading may be lent. In case of loss or revision of the edition, it shall be reported to and put on the archival files at the Ministry
of Commerce in time.
The transfer of an international freight forwarding bill of lading shall meet the following provisions:
1.
Straight bill of lading: transfer shall be prohibited;
2.
Order bill of lading: to be transferred after endorsement in full or endorsement in blank;
3.
Bearer bill of lading: no need to be endorsed before transfer.
The international freight forwarding bill of lading shall be subject to the system of liability insurance. Liability insurance shall
be covered by an insurance company upon approval of the People’s Bank of China.
Article 38
As an independent operator, the term of liability of an international freight forwarder shall begin from receiving cargos and end
on delivering them when it is performing or organizing international multimode transport. The basis for their undertaking liabilities,
limitations of liability, exemption conditions and preconditions for losing liability restrictions shall be specified in relevant
legal provisions.
Article 39
An international freight forwarder shall undertake international freight forwarding operations by the name and the serial number of
the enterprise as specified in the approval certificate, and shall print the name and serial number of the enterprise in major office
stationery and documents and bills.
Article 40
No international freight forwarder may use the registered capital within the prescribed scope for other purposes.
Article 41
No international freight forwarder may transfer any international freight forwarding operation right directly or in disguised form;
nor may it allow any other entity or individual to engage in international freight forwarding operations in the name of the international
freight forwarder or its business department; nor may it sign any agreement with entities who do not have the international freight
forwarding operation right to allow them to deal in international freight forwarding operations independently or jointly with it,
to collect agent fees, commissions or get other interests.
Article 42
An international freight forwarder may, as an agent, collect agent fees to the owners of cargo, and may also get commissions from
the car
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Port Law of the People’s Republic of China
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(Adopted at the 3rd Meeting of the Standing Committee of the Tenth National People’s Congress on June 28, 2003 and
promulgated by Order No.5 of the President of the People’s Republic of China on June 28, 2003)
Contents
Chapter I General Provisions
Chapter II Port Planning and Construction
Chapter III Port Operation
Chapter IV Port Safety and Supervision
Chapter V Legal Responsibilities
Chapter VI Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted with a view to strengthening port administration, maintaining port safety and operational order,
protecting the legitimate rights and interests of the parties and promoting the construction and development of ports.
Article 2 This Law is applicable to the planning, construction, maintenance, operation and administration of ports and other
relevant activities.
Article 3 As used in this Law, the term “port” means a region comprising certain water and land areas, having the functions
for vessels to enter, leave, lie at anchor and moor, for passengers to embark and disembark, and for goods to be loaded, unloaded,
lightered and stored, and being equipped with the necessary dock facilities.
A port may consist of one or more port areas.
Article 4 The State Council and the local people’s governments at or above the county level concerned shall embody the requirements
of port development and planning in their plans of national economic and social development, protect and make rational use of the
port recourses in accordance with law.
Article 5 The State encourages economic organizations and individuals at home and abroad to invest in port construction and
operation in accordance with law, and protects the legitimate rights and interests of the investors.
Article 6 The competent department of communications under the State Council shall be in charge of the administration
of port affairs throughout the State.
The local people’s governments shall, in accordance with the regulations on the system for port administration formulated by the
State Council, decide on the administration of the port situated within their own administrative areas.
According to the port administration system decided on as prescribed in the preceding paragraph, for a port that comes under the
administration of the people’s government of the city or county where it is located, the said people’s government shall assign a
department to administer the port specifically; and for a port that comes under the administration of the people’s government of
a province, autonomous region, or municipality directly under the Central Government where it is located, the said people’s government
shall assign a department to administer the port specifically.
The departments assigned as per the provisions in the preceding paragraph to conduct specific port administration are hereinafter
referred to as port administration authorities in general.
Chapter II
Port Planning and Construction
Article 7 Port plans shall be drawn up in accordance with the requirements of national economic and social development and
the needs of national defense, shall embody the principle of rational use of the coastline resources, shall comply with the plans
for the network of cities and towns, and shall be connected and coordinated with the general plans for land use, general city plans,
river basin plans, flood-control plans, marine function divisions, waterway transport development plans, development plans for other
modes of transport and other relevant plans provided for by laws or administrative regulations.
In drawing up a port plan, specialists shall be invited to expound and prove it; and the effects on the environment shall be evaluated
in accordance with law.
Article 8 Port plans include port layout plans and port general plans.
A port layout plan means the plan for the geographical distribution of ports, embracing the national port layout plan and the port
layout plan of a province, autonomous region, or municipality directly under the Central Government.
A port general plan means the specific plan of one port for a given period of time, embracing the scope of water and land areas,
division of the port area, handling capacity and types of calling vessels, the character and functions of the port, use of water
and land areas, use of coastline for the construction of port facilities, allocation of land for construction, the order of construction
phases, etc.
The port general plan shall conform to the port layout plan.
Article 9 The national port layout plan shall be drawn up by the competent department of communications under the State Council
after consulting with the relevant departments under the State Council and the military authorities concerned and shall be promulgated
for implementation upon approval by the State Council.
With respect to the port layout plan of a province, autonomous region, or municipality directly under the Central Government, the
people’s government of the province, autonomous region, or municipality directly under the Central Government shall make arrangements
to draw it up on the basis of the national port layout plan and submit it to the competent department of communications under the
State Council for comments and suggestions. If the said department puts forward no suggestions for revision within 30 days from the
date it receives the plan submitted for its comments and suggestions, the port layout plan shall be promulgated for implementation
by the people’s government of the province, autonomous region, or municipality directly under the Central Government. If the competent
department of communications under the State Council considers the plan not in conformity with the national port layout plan, it
shall put forward its suggestions for revision within 30 days from the date it receives the plan. If the people’s government of the
relevant province, autonomous region, or municipality directly under the Central Government raises objections to the suggestions
for revisions, it shall report to the State Council for decision.
Article 10 A port general plan shall be drawn up by the port administration authority after consulting with the relevant departments
and the military authorities concerned.
Article 11 With respect to the general plan of a major port with an important geographical position, a relatively great handling
capacity and a fairly wide-spread effect on the economic development, the competent department of communications under the State
Council shall consult with the relevant departments under the State Council and the military authorities concerned, before it gives
approval to the plan in conjunction with the people’s government of the relevant province, autonomous region, or municipality directly
under the Central Government and promulgates it for implementation. The list of major ports shall be decided on and promulgated after
the competent department of communications under the State Council consults with the relevant departments under the State Council.
The people’s government of a province, autonomous region, or municipality directly under the Central Government shall decide on the
major ports located there after consulting with the competent department of communications under the State Council. The general plans
of the major ports shall be subject to approval and be promulgated for implementation by the people’s government of the province,
autonomous region, or municipality directly under the Central Government after consulting with the competent department of communications
under the State Council.
The general plans of the ports other than the ones as specified in the preceding two paragraphs shall be promulgated for implementation
upon approval by the people’s government of the city or county where the ports are located and shall be submitted to the people’s
government of the province, autonomous region, or municipality directly under the Central Government for the record.
The general plan of a port belonging to the category of the ports as specified in the first or second paragraph of this Article which
is drawn up by the port administration authority of the people’s government of a city or county shall be subject to examination and
agreement by the said people’s government before it is submitted for examination and approval.
Article 12 Revision of port plans shall be made in accordance with the procedures for formulating port plans.
Article 13 Where deep-water coastline is to be used for the construction of port facilities in the area covered by the port
general plan, the matter shall be subject to approval by the competent department of communications under the State Council together
with the department in charge of comprehensive and macro-economic regulation and control under the State Council. Where non-deep-water
coastline is to be used for the construction of port facilities, the matter shall be subjected to approval by the port administration
authority. However, where port coastline is to be used for the construction of a project which has been approved by the State Council
or the department in charge of comprehensive and macro-economic regulation and control under the State Council, there shall be no
need to go through the formalities of examination and approval separately for such use.
The standard of port deep-water coastlines shall be formulated by the competent department of communications under the State Council.
Article 14 Port construction shall conform to port plans. No port facilities shall be constructed at variance with port plans.
Article 15 With respect to port construction projects subject to approval by the relevant authorities according to State regulations,
the approval formalities shall be gone through in accordance with the relevant regulations of the State, and the projects shall conform
to the relevant national standards and technical specifications.
The effect exerted by port construction projects on the environment shall be evaluated in accordance with law.
Safety facilities and environmental protection facilities for port construction projects shall be designed, constructed and put into
use simultaneously with the principal parts of the projects.
Article 16 In port construction, land and water areas shall be used in conformity with the provisions of the laws and administrative
regulations concerning administration of land and of the use of sea areas, administration of the river courses and of the fairways
and administration of protection for military facilities, and other relevant laws and administrative regulations.
Article 17 Places in ports for handling dangerous cargoes and special places for sanitation and pest elimination shall conform
to the general plans of ports and the requirements of the State for safe production, protection against fire, inspection and quarantine,
and environmental protection; the distance between such places and densely-populated districts and the passenger transport facilities
in the port shall conform to the regulations of the relevant departments under the State Council; and such places shall be constructed
only after the relevant formalities are gone through in accordance with law and approval is given by the port administration authorities.
Article 18 Beacons and other auxiliary facilities shall be put up simultaneously with the construction of the port and their
putting into use on schedule shall be guaranteed.
The construction of office facilities for the relevant administrative authorities in the port shall conform to the port general plan,
and the expenses involved therefor shall not be apportioned among port operators.
Article 19 Upon completion of construction, port facilities shall be put into use only after they are checked and accepted
as qualified in accordance with the relevant regulations of the State.
The ownership of port facilities shall be determined in accordance with the provisions of relevant laws.
Article 20 The relevant people’s governments at or above the county level shall guarantee the necessary investment of funds
in the construction and maintenance of the port infrastructures for public use, such as the fairways, breakwaters and anchorages.
The specific measures thereof shall be formulated by the State Council.
Article 21 The relevant people’s governments at or above the county level shall take measures and make arrangements for the
construction of facilities subsidiary to the port, such as fairways, railways, roads, water supply and drainage, power supply and
telecommunications.
Chapter III
Port Operation
Article 22 Whoever intends to operate a port shall submit a written application to the port administration authority for a
port operation permit and register with the department for industry and commerce in accordance with law.
When granting permission for port operation, the port administration authority shall follow the principles of openness, impartiality
and fairness.
Port operations include the operations of dock and other port facilities, port services for passenger transport, cargo loading, unloading,
lightering and storing in the port area, and operations of tugs in port.
Article 23 Whoever intends to obtain a port operation permit shall have fixed business places and the necessary facilities,
equipment, professional technicians and managerial staff for the operations, and meet the other requirements provided for by laws
and regulations.
Article 24 The port administration authority shall make a decision whether to grant or not to grant permission within 30 days
from the date it receives the written application prescribed in the first paragraph of Article 22 of this Law. If it decides to grant
permission, it shall issue a port operation permit to the applicant. If it refuses to do so, it shall inform the applicant of the
fact in writing and give the reasons why.
Article 25 Whoever intends to engage in port tallying shall obtain a permit in accordance with relevant regulations. Permission
for port tallying shall be granted in adherence to the principles of openness, impartiality and fairness. The specific measures shall
be formulated by the competent department of communications under the State Council.
A port tallyman shall do the tallying impartially and accurately; and he shall not concurrently engage in the loading, unloading
and storing of cargoes as prescribed in the third paragraph of Article 22 of this Law.
Article 26 In conducting operational activities, a port operator shall abide by the relevant laws and regulations and the rules
governing port operations formulated by the competent department of communications under the State Council, perform in accordance
with law the obligations agreed upon in contracts, and provide clients with fair and fine services.
A port operator engaged in passenger transport shall take effective measures to ensure the passengers’ safety, provide them with
quick and convenient services and keep a good environment for them when waiting to board a ship.
A port operator shall, in accordance with the laws and regulations concerning environmental protection, take effective measures to
prevent and control pollution and hazards to the environment.
Article 27 A port operator shall give first priority to the materials for use in emergency, materials for relief of disasters
and materials urgently needed for the buildup of national defence.
Article 28 At his business place, a port operator shall publicize the items of services on which fees are charged and the service
rates. Unless publicized, they shall not be put into practice.
Where the rates of port operational fees are guided or fixed by the government in accordance with law, the port operator shall collect
fees according to the relevant regulations.
Article 29 The State encourages and protects fair competition in port operational activities.
A port operator shall not make a monopoly of the operation or conduct illegitimate competition and shall not by any means compel
another person to accept the port services he provides.
Article 30 The port administration authorities shall, in accordance with the provisions in the Statistics Law of the People’s
Republic of China and relevant administrative regulations, require the port operators to provide statistical data, the port operators
shall provide truthful data.
The port administrative authorities shall, in accordance with the relevant regulations of the State, submit the statistical data
provided by port operators to the authorities at a higher level without delay and shall keep the business secrets for the port operators.
Article 31 The legitimate rights and interests of the port operators are protected by law. No units or individuals may apportion
charges among the port operators or collect fees from them in violation of laws, or illegally interfere with the right of the port
operators to make their own decisions for their operation.
Chapter IV
Port Safety and Supervision
Article 32 A port operator shall, in accordance with the provisions in the Law of the People’s Republic of China on Work Safety
and other relevant laws and regulations and the provisions of the rules formulated by the competent department of communications
under the State Council concerning safe operation of ports, tighten supervision over safe production, establish sound rules and regulations
on the responsibility system for safe production, keep improving the conditions for safe production, take effective measures for
safe production and ensure safe production.
A port operator shall, in accordance with law, make its own contingency plans against accidents due to dangerous cargoes, emergency
plans for evacuation and rescue of passengers in a major accident due to lack of safe production and plans against natural disasters,
and shall ensure the implementation of the plans.
Article 33 A port administration authority shall formulate port contingency plan against accidents due to dangerous cargoes
in port that may jeopardize public interests, emergency plans for evacuation and rescue of passengers in a major accident due to
lack of safe production and plans against natural disasters, and shall establish a sound port emergency and rescue system major accidents
due to lack of safe production in port.
Article 34 Before a vessel enters or leaves a port, the matter shall be reported to the maritime administration authority in
accordance with the provisions in laws and administrative regulations concerning waterway traffic safety. After receiving the report,
the maritime administration authority shall, without delay, notify the port administration authority thereof.
Before a vessel carrying dangerous cargoes enters or leaves a port, the descriptions, characteristics and package of the cargoes
and the time of entry or departure shall be reported to the maritime administration authority in accordance with the regulations
of the competent department of communications under the State Council. After receiving the report, the maritime administration authority
shall make the decision whether to grant approval or not within the time limit specified by the competent department of communications
under the State Council and notify the reporter and the port administration authority of the decision. However, fixed vessels navigating
along fixed routes and carrying fixed categories of cargoes may make the report on a regular basis.
Article 35 Before loading, unloading and lightering dangerous cargoes in a port area, the descriptions, characteristics and
package of the cargoes and the time and place for the operations shall be reported to the port administration authority in accordance
with the regulations of the competent department of communications under the State Council. After receiving the report, the said
authority shall make the decision whether to grant approval or not within the time limit specified by the competent department of
communications under the State Council and notify the reporter and the maritime administration authority of the decision.
Article 36 A port administration authority shall, in accordance with law, conduct supervision and inspection of safe production
in the port and maintain patrol of key docks where masses of passengers embark and disembark or relatively large quantities of cargoes
are loaded and unloaded, or which are used for special purposes. If hidden dangers threatening safety are found during inspection,
it shall instruct the party under inspection to eliminate, immediately or within a time limit, such dangers.
The department in charge of supervision of safe production and other departments concerned shall, within the limits of their respective
duties, conduct supervision and inspection of safe production in the port in accordance with the provisions of laws and regulations.
Article 37 Aquaculture and planting in the water area of a port is prohibited.
Excavation, demolition and other activities in a port area that may threaten port safety are prohibited; but where such activities
are really needed for construction or other purposes, the necessary protective measures for safety shall be taken and the activities
shall be reported to the port administration authority for approval; and where, according to the provisions of the laws and administrative
regulations concerning waterway traffic safety, approval by the maritime administration authority is required, such activities shall,
in addition, be reported to the said authority for approval.
Dumping of soil and sand and stone into the water area of a port and discharging of noxious and harmful substances in excess of the
specified norms in violation of laws and regulations concerning environmental protection are prohibited.
Article 38 With respect to the construction of bridges, submarine tunnels, hydropower stations and other projects that may
change the hydrologic conditions of a port, the department responsible for examination and approval of such projects shall consult
with the port administration authority beforehand.
Article 39 With respect to vessels which need be piloted into or out of a port in accordance with the laws and administrative regulations
concerning waterway traffic safety, an application for pilotage shall be submitted to the pilotage authority. The specific measures
for pilotage shall be formulated by the competent department of communications under the State Council.
Article 40 In conditions where passengers and cargoes are held up so that the port is blockaded, the port administration authority
shall take effective measures in time to regulate the flow of passengers and cargoes; and when it deems it necessary, the people’s
government of the city or county where the port is located may directly take measures to do so.
Article 41 The port administration authority shall take charge of the formulation of the charter of the port under its
administration and make the charter known to the public.
The contents of the port charter shall include the descriptions of the port’s geographical position, fairway conditions, harbor depth,
mechanical equipment, cargo handling capacity, etc., together with the specific measures taken by this port for the implementation
of laws and regulations concerning port administration and the relevant regulations of the competent department of communications
under the State Council.
Article 42 The port administration authority shall supervise and inspect the implementation of this Law in compliance with
its duties.
When exercising supervision and inspection in accordance with law, the supervisors or inspectors from the port administration authority
shall have the right to ask the unit under inspection and the individuals concerned for relevant information and to look up and duplicate
relevant materials.
The supervisor or inspector shall keep confidential the business secrecies learnt during inspection.
The supervisor or inspector shall produce his law-enforcement papers when exercising supervision and inspection.
Article 43 The supervisor or inspector shall keep a written record of the time, place and items of supervision and inspection,
the problems found, and the solutions thereof, and the record shall be signed by the supervisor or inspector and the person in charge
of the unit under inspection. Where the person in charge of the unit under inspection refuses to sign, the supervisor or inspector
shall put such refusal on record and report it to the port administration authority.
Article 44 The unit under inspection and individuals concerned shall accept the supervision and inspection conducted by the
port administration authority in accordance with law, truthfully provide the relevant information and materials and shall not refuse
to accept inspection, conceal the relevant information and materials, or provide false information and materials.
Chapter V
Legal Responsibilities
Article 45 Whoever commits one of the following acts shall be instructed by the local people’s government at or above the county
level or by the port administration authority to rectify within a time limit; if he fails to do so at the expiration of the time
limit, the authority that makes the decision for rectification within a time limit shall apply to the people’s court for compulsory
demolishing of the facilities constructed in violation of law; and a fine of not more than RMB 50,000 yuan may be imposed on him:
(1) constructing a port, dock or other port facilities at variance with port plans; or
(2) using port coastlines in the construction of port facilities without obtaining approval in accordance with law.
Where the department in charge of examination and approval of construction projects grants approval to the construction of a project
at variance with port plans, the persons directly in charge and the other persons directly responsible shall be given administrative
sanctions in accordance with law.
Article 46 Whoever, without obtaining approval in accordance with law, has places constructed in a port for handling dangerous
cargoes or special places constructed for sanitation and pest elimination, or fails to keep the distance between the said places
and the densely-populated districts or the passenger transport facilities in the port in conformity with the regulations of the relevant
departments under the State Council shall be instructed by the port administration authority to stop their construction or use and
to rectify within a time limit and may be imposed a fine of not more than 50,000 yuan.
Article 47 Whoever puts into use the handling facilities or passenger transport facilities which are not checked and accepted
as qualified shall be instructed by the port administration authority to stop their use and to rectify within a time limit and may
be imposed a fine of not more than 50,000 yuan.
Article 48 Whoever commits one of the following acts shall be instructed by the port administration authority to stop the illegal
operation, and his illegal gains shall be confiscated; where the illegal gains exceed 100,000 yuan, he shall, in addition, be fined
not less than two times but not more than five times the illegal gains; and where the illegal gains are less than 100,000 yuan, he
shall be fined not less than 50,000 yuan but not more than 200,000 yuan :
(1) engaging in port operation without obtaining a port operation permit in accordance with law;
(2) engaging in port tallying without obtaining permission in accordance with law; or
(3) in the case of a port tallyman, concurrently engaging in loading, unloading or storing cargoes.
For a person who commits the act specified in Sub-paragraph (3) of the preceding paragraph, if the circumstances are serious, his
port tallying permit shall be revoked by the relevant competent authority.
Article 49 Where a port operator does not give first priority to the materials for use in emergency, materials for relief of
disasters and materials urgently needed for the buildup of national defence, he shall be instructed by the port administration authority
to rectify; and if the consequences are serious, his port operation permit shall be revoked by the authority.
Article 50 Where a port operator, in violation of the provisions of relevant laws and administrative regulations, makes a monopoly
of the operation or conduct illegitimate competition, he shall bear legal responsibility in accordance with the provisions of relevant
laws and administrative regulations.
Article 51 Where a port operator violates of the provisions in Article 32 of this Law concerning safe production, he shall,
in accordance with law, be sanctioned by the port administration authority or other departments charged with the duty of supervising
safe production in accordance with law; if the circumstances are serious, the port administration authority shall revoke his port
operation permit and shall punish the principal leading member in accordance with law; and if a crime is constituted, the offender
shall be investigated for criminal responsibility in accordance with law.
Article 52 Where, before entering or leaving a port, a vessel fails to report to the maritime administration authority in accordance
with the provisions in Article 34 of this Law, the said authority shall impose a punishment according to the provisions in the laws
and administrative regulations concerning waterway traffic safety.
Article 53 Whoever fails to report to and obtain approval from the port administration authority in accordance with law before
loading, unloading and lightering dangerous cargoes in a port area shall be instructed by the port administration authority to stop
the operation and shall be fined not less than 5,000 yuan but not more than 50,000 yuan.
Article 54 Whoever engages in aquiculture or planting in the water area of a port shall be instructed by the maritime administration
authority to rectify within a time limit; if he fails to do so at the expiration of the time limit, the cultivation
Provisions on Administration of Foreign Investment in International Maritime Transportation
(Promulgated by Decree No. 1 of the Ministry of Communications and the Ministry of Commerce on March 2nd, 2004, and effective as of
June 1st, 2004)
Article 1 These Provisions are formulated in accordance with the Regulations of the People s Republic of China on International Maritime
Transportation (hereinafter referred to as the Maritime Transportation Regulations) and the relevant laws and administrative regulations
of the People s Republic of China on foreign investment, for the purposes of regulating the establishment of foreign-funded enterprises
by foreign investors to engage in international maritime transportation business and auxiliary business relating thereto and safeguarding
the lawful rights and interests of Chinese and foreign investors.
Article 2 These Provisions are applicable to the investment in and operation of international maritime transportation business and auxiliary
businesses relating thereto (hereinafter referred to as international maritime transportation) by foreign investors within the territory
of China.
Article 3 The Ministry of Communications and the Ministry of Commerce of the People s Republic of China as well as their authorized agencies
are responsible for the approval and administration of the establishment of foreign-funded enterprises within the territory of the
People s Republic of China by foreign investors to engage in international maritime transportation.
Article 4 With the approval of the Ministry of Communications and the Ministry of Commerce, a foreign investor may invest in and operate international
maritime transportation in the following forms:
(1) to establish a Chinese-foreign equity joint venture or a Chinese-foreign contractual joint venture to engage in international
shipping services, international shipping agency services, international ship management services, loading and unloading of international
shipments and international maritime container freight station and container yard services;
(2) to establish a Chinese-foreign equity joint venture, a Chinese-foreign contractual joint venture or a wholly foreign-owned enterprise
to engage in international maritime cargo warehousing services;
(3) to establish a Chinese-foreign equity joint venture, a Chinese-foreign contractual joint venture or a wholly foreign-owned enterprise
to offer routine services for the vessels owned or operated by the investor.
Article 5 A foreign-funded international shipping enterprise to be established shall meet the following conditions:
(1) having vessels suitable for employment in international maritime transportation, among which there must be vessels of Chinese
nationality;
(2) vessels under employment shall be in compliance with the technical standards for maritime traffic safety as set forth by the State;
(3) having bills of lading, passenger tickets or multimodal transportation documents;
(4) having senior executives with the professional qualifications as set forth by the Ministry of Communications;
(5) in case of establishing a Chinese-foreign equity joint venture or a Chinese-foreign contractual joint venture, the proportion
of investment made by foreign investors shall not exceed 49%;
(6) the chairperson of the board of directors and the general manager shall be appointed by the Chinese side after consultation between
the both sides;
(7) other conditions specified by laws or administrative regulations.
Article 6 Where anyone is to establish a foreign-funded enterprise to engage in international shipping services, it shall firstly make an
application to the Ministry of Communications in accordance with the provisions of the Maritime Transportation Regulations and the
Implementing Rules of the Regulations of the People s Republic of China on International Maritime Transportation (hereinafter referred
to as the Implementing Rules of the Maritime Transportation Regulations); if such application is approved by the Ministry of Communications,
the applicant shall, in accordance with the laws and administrative regulations on foreign investment of the State and on the strength
of the approval document issued by the Ministry of Communications, go through the approval procedures for establishing a foreign-funded
enterprise with the Ministry of Commerce by submitting the documents specified in Article 15 of these Provisions and obtain the Approval
Certificate for Foreign-funded Enterprise.
The applicant shall, by presenting the approval document issued by the Ministry of Communications, the Approval Certificate for Foreign-funded
Enterprise issued by the Ministry of Commerce and other relevant documents, go through the industrial and commercial registration
formalities with the administrative department for industry and commerce according to law and obtain the business license.
After the establishment of a foreign-funded international shipping enterprise, the applicant shall, by presenting the business license
issued by the administrative department for industry and commerce, apply to the Ministry of Communications for obtaining the Permit
for Operation of International Shipping Services. Only those that have obtained such Permit may engage international shipping services.
Aticle 7 A foreign-funded international shipping agency enterprise to be established shall meet the following conditions:
(1) having at least two senior executives with no less than three years experience in international maritime transportation business
operations. The term senior executives refers to Chinese citizens who have secondary or higher technical or academic post_titles and
serve as department managers or above in enterprises engaging in international maritime transportation business or the auxiliary
business relating thereto;
(2) having a fixed place of business and necessary business facilities, including the ability to have electronic data interchange
(EDI) with ports, the Customs and other departments;
(3) in case of establishing a Chinese-foreign equity joint venture or a Chinese-foreign contractual joint venture, the proportion
of investment made by foreign investors shall not exceed 49%;
(4) other conditions specified by laws or administrative regulations.
Article 8 Where anyone is to establish a foreign-funded enterprise to engage in international shipping agency services, it shall firstly make
an application to the Ministry of Communications in accordance with the provisions of the Maritime Transportation Regulations and
the Implementing Rules of the Maritime Transportation Regulations; if such application is approved by the Ministry of Communications,
the applicant shall, in accordance with the laws and administrative regulations on foreign investment of the State and on the strength
of the approval document issued by the Ministry of Communications, go through the approval procedures for establishing a foreign-funded
enterprise with the Ministry of Commerce by submitting the documents specified in Article 15 of these Provisions and obtain the Approval
Certificate for Foreign-funded Enterprise.
The applicant shall, by presenting the approval document issued by the Ministry of Communications, the Approval Certificate for Foreign-funded
Enterprise issued by the Ministry of Commerce and other relevant documents, go through the industrial and commercial registration
formalities with the administrative department for industry and commerce according to law and obtain the business license.
After the establishment of a foreign-funded international shipping agency enterprise, the applicant shall, by presenting the business
license issued by the administrative department for industry and commerce, apply to the Ministry of Communications for obtaining
the Registration for Operation of International Shipping Agency Services. Only those that have obtained such Registration may engage
international shipping agency services.
Article 9 A foreign-funded international ship management enterprise to be established shall meet the following conditions:
(1) having at least two senior executives with no less than three years experience in international maritime transportation business
operations;
(2) having staff members in possession of master s or chief engineer s documents of competence that are commensurate with the types
of vessels under their management and the navigation zones;
(3) having the equipment or facilities commensurate with the international ship management services.
Article 10 Where anyone is to establish a foreign-funded enterprise to engage in international ship management services, it shall firstly make
an application to the Ministry of Communications in accordance with the provisions of the Maritime Transportation Regulations and
the Implementing Rules of the Maritime Transportation Regulations; if such application is approved by the Ministry of Communications,
the applicant shall, in accordance with the laws and administrative regulations on foreign investment of the State and on the strength
of the approval document issued by the Ministry of Communications, go through the approval procedures for obtaining the Approval
Certificate for Foreign-funded Enterprise with the competent commerce administration department of the people s government of the
province where such enterprise is to be located by submitting the documents specified in Article 15 of these Provisions.
After the establishment of a foreign-funded international ship management enterprise, the applicant shall, by presenting the business
license issued by the administrative department for industry and commerce, apply to the competent communications administration department
of the people s government of the province where such enterprise is located for obtaining the Registration for Operation of Auxiliary
Businesses Relating to International Maritime Transportation. Only those that have obtained such Registration may engage in international
ship management services.
Article 11 Where anyone is to establish a foreign-funded enterprise to engage in international maritime container freight station and container
yard services or international maritime cargo warehousing services, it shall firstly make an application to the Ministry of Communications
in accordance with the provisions of the Maritime Transportation Regulations and the Implementing Rules of the Maritime Transportation
Regulations; if such application is approved by the Ministry of Communications, the applicant shall, in accordance with the laws
and administrative regulations on foreign investment of the State and on the strength of the approval document issued by the Ministry
of Communications, go through the approval procedures for obtaining the Approval Certificate for Foreign-funded Enterprise with the
competent commerce administration department of the people s government of the province where such enterprise is to be located by
submitting the documents specified in Article 15 of these Provisions.
After the establishment of a foreign-funded enterprise engaging in international maritime container freight station and container
yard services or international maritime cargo warehousing services, the applicant shall, by presenting the business license issued
by the administrative department for industry and commerce, apply to the competent communications administration department of the
people s government of the province where such enterprise is located for obtaining the Registration for Operation of Auxiliary Businesses
Relating to International Maritime Transportation. Only those that have obtained such Registration may engage in the relevant services.
The establishment of a foreign-funded enterprise engaging in loading and unloading of international shipments shall be governed by
the relevant provisions of the State.
Article 12 Where an established foreign-funded enterprise applies to add international maritime transportation business or the auxiliary business
relating thereto to its business scope, it shall go through the corresponding formalities in accordance with the procedures for establishing
a foreign-funded enterprise engaging in specific international maritime transportation businesses set forth in these Provisions.
Where an established foreign-funded enterprise engaging in international maritime transportation is to establish branches, it shall
go through the corresponding formalities with the Ministry of Communications and the Ministry of Commerce or their authorized agencies
in accordance with the laws and administrative regulations on foreign investment of the State, the Maritime Transportation Regulations
and the Implementing Rules of the Maritime Transportation Regulations.
Where an established foreign-funded enterprise engaging in international maritime transportation is to modify the essential contents
such as investment contribution, structure of the shares or scope of business of its contact of joint venture or articles of association,
it shall go through the corresponding formalities with the Ministry of Commerce or its authorized agencies in accordance with the
laws and administrative regulations on foreign investment of the State. Any modification to the matters specified in Article 21 of
the Implementing Rules of the Maritime Transportation Regulations shall be filed with the Ministry of Communications for the record.
Article 13 A foreign company engaging in shipping may establish a Chinese-foreign equity joint venture, Chinese-foreign contractual joint venture
or wholly foreign-owned enterprise to offer such routine services as canvassing of cargoes, issuance of bills of lading, settlement
of freight and signing of service contracts for the vessels owned or operated by investors. The procedures for establishment application
of such an enterprise shall be governed by the relevant provisions jointly issued by the Ministry of Communications and the Ministry
of Commerce on approval of establishment of wholly foreign-owned shipping companies.
Article 14 Where a foreign-funded enterprise within the territory of China is to engage in non-vessel-operating services, it shall, in accordance
with the provisions of the Maritime Transportation Regulations and the Implementing Rules of the Maritime Transportation Regulations,
make an application to the Ministry of Communications for registration and obtaining the Registration of Non-vessel-operating Services
Qualification, and go through the approval formalities with the Ministry of Commerce in accordance with the relevant laws and administrative
regulations on foreign investment of the State.
Article 15 Where an applicant makes an application to the Ministry of Communications, it shall submit the documents specified in the Maritime
Transportation Regulations and the Implementing Rules of the Maritime Transportation Regulations. Where an applicant makes an application
to the Ministry of Commerce or its authorized agencies, he shall submit the following documents:
(1) the letter of application;
(2) the feasibility study report;
(3) the contract of the joint venture and the articles of association of the company (in case of a wholly foreign-owned company, the
articles of association of the company only);
(4) the registration certificate and credit-standing certificate of investors;
(5) the identity certification of the chairperson of the board of directors and the general manager of the enterprise to be established;
(6) other documents required by laws or administrative regulations.
Article 16 These Provisions are mutatis mutandis applicable to the establishment of enterprises engaging in international maritime transportation
and the auxiliary services relating thereto in other provinces, autonomous regions or municipalities directly under the Central Government
by the investors form Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan region.
Article 17 In accordance with the relevant provisions of the Mainland and Hong Kong Closer Economic Partnership Arrangement, the Mainland and
Macao Closer Economic Partnership Arrangement and their Annexes, from January 1st, 2004, service suppliers from Hong Kong or Macao
may established a wholly Hong Kong or Macao-owned enterprise in Chinese mainland to engage in international ship management services,
international maritime cargo warehousing, international maritime container freight station and container yard services, and non-vessel-operating
services; they may also establish a wholly Hong Kong or Macao-owned shipping company in Chinese mainland to offer such routine services
as canvassing of cargoes, issuance of bills of lading, settlement of freight and signing of service contracts for their owned or
operated vessels.
Article 18 The Ministry of Communications and the Ministry of Commerce are responsible for the interpretation of these Provisions.
Article 19 These Provisions shall take effect as of June 1st, 2004.
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