(Effective Date:1990.03.02–Ineffective Date:)
Article 1 The present Regulations are to strengthen supervision of international-shipping-agency services and meet the Country’s foreign economic Article 2 The present regulations are applicable to agency services vessels for international navigation. Article 3 The Ministry of Communications of the People’s Republic of China (hereinafter referred to as the Ministry of Communications) is the Article 4 Only shipping agencies established with the approval of the Ministry of Communications are permitted to handle shipping-agency services. Article 5 A shipping agency shall meet the following requirements before it can be established: (1) It operates on its own and is able to bear civil responsibility independently; (2) Its legal representative has professional knowledge and capable of handling experience in international-maritime-shipping-agency (3) It has essential full-time personnel in business, Customs declaration, finance, foreign languages and other disciplines; (4) It is familiar with China’s laws, regulations and requirements concerning vessels for international navigation and is able to (5) It has articles of association, permanent organization, work place and necessary transport and telecommunication facilities; (6) It has funds for its business operations. Article 6 An application for permission to establish a shipping agency shall be submitted in written form to the organization in charge of The application shall include the following items: (1) The agency’s name (including its English translation), detailed address (in both Chinese and English), telephone, cable and telex (2) Its projected business items; (3) A certificate of its registered capital and the capital it actually has or guarantee fund; (4) The name, age, profession, detailed experience and address of its legal representative; (5) The agency’s articles of association, organizational structure and disposition of professional personnel. Article 7 The application for permission to establish a shipping agency- after being checked by the departments in charge of communications If the application is approved, the applicant shall take alone the Ministry of Communications’ document of approval and register with Article 8 The Ministry of Communications may determine the scope of business of the shipping agency in the light of its scale, capital, capability, Within the scope of business approved by the Ministry of Communications, the shipping agency may handle part or all of the following (1) Making contacts and arranging for the entry into or exit from a harbor, locking and loading or unloading of ships; (2) Making customs declarations for ships, cargoes and containers; (3) Handling consignment, transshipment and combined-through- transportation of cargoes and containers; (4) Signing bills of lading, transport contracts and agreement for rapid ship dispatch or holdup of ships; (5) Handling international-passenger shipping; (6) Organizing freight and ordering shipping space for cargo owners; (7) Arranging for rescue and salvage at sea and undertaking maritime and admiralty affairs; (8) Acting as an agent in paying and collecting money and settling accounts; (9) Handling other items of shipping agency and service. Article 9 When a shipping agency, which has started operations, wants to expand or change its business scope, it shall go through the formalities Article 10 A shipping agency shall carry out its operations on the following principles; (1) Observing the country’s principles, policies, laws and administrative codes and regulations, safeguarding national rights and (2) Fulfilling its responsibilities in line with the entrustment, safeguarding the mandator’s legitimate rights and interests, and (3) Directing the shipping company, vessels and crew members it represents to observe relevant Chinese laws and regulations and assisting (4) Refraining from cheating in any form and illegal competition by use of improper methods or at the cost of national interests. Article 11 A shipping company enjoys complete independence in selecting its shipping agency and no institution or individual shall interfere Article 12 A shipping agency must abide by the standard rates or fees or charges set by the Ministry of Communication for all to follow and Article 13 Shipping agencies designated by the Ministry of Communications shall provide agency service for the following vessels; (1) Foreign military vessels; (2) Ships for training and scientific investigation; (3) Passenger ships (including tour ships) and private yachts; (4) Engineering ships and their support vessels; (5) Other types of vessels for which shipping agencies shall be designated. Article 14 All shipping agencies shall report to the Ministry of Communications their business operations in the first six months of a year (1) Profits or losses in revenue and expenditure; (2) A list of the shipping companies and vessels each agency represents, arranged in the order of their nationalities, and the total (3) Statistics of the flow of import and export commodities carried by the vessels represented and separate lists of the amounts of (4) Other matters to be reported at the request of the Ministry of Communications. Article 15 The Ministry of Communications and local organizations in charge of communications authorized by it are enpost_titled to check on the Article 16 When shipping agencies violate the present Regulations, the Ministry of Communications and local organizations in charge of communications (1) Warning; (2) Circulating a notice of criticism; (3) Fine; (4) Ordering the offender to suspend operations and straighten itself out; (5) Cancelling its approved qualifications for business operations. Article 17 Companies approved to handle shipping agency business before the present Regulations are promulgated shall, within three months after Article 18 The Ministry of Communications is responsible for interpreting the present Regulations. Article 19 The present Regulations shall come into force as of April 1, 1990.
|