|
| Implementing rules of the regulations(2) |
|
If the applicant is a foreign non-vessel-operating common carrier, the relevant documents specified in Artic1e 25 of these Rules which relate to its appointed liaison office shall be submitted as well. The competent communications department of the people’s government of the province, autonomous region or muncipality directly under the Central Government shall complete the examination, verification and give its comments on the application documents after the acceptance of the above-mentioned duplicate. Such communications department shall report its comments to the Ministry of Communications within 7 working days after the acceptance of the application documents. The Ministry of Communications shall complete the examination and verification specified in Article 7 and 8 in the Maritime Transportation Regulations within l5 working days after the acceptance of the complete application documents. If the application documents are authentic and complete, the registration of the bill of lading shall be granted and a Registration of Non-Vessel-Operating Services Qualification shall be issued. If the application documents are inauthentic and incomplete, the applicant shall be notified in writing that no registration is granted and the reasons therefor shall be given. After acquiring a Registration of Non-Vessel-Operating Services Qualification, a Chinese applicant shall go through the registration procedure at the enterprise registration authority where it is registered before starting the non-vessel-operating services. Article 12 If a foreign non-vessel-operating common carrier has acquired the qualification for the non-vessel-operating services in accordance with foreign laws and has obtained a legal financial liability guaranty, it does not need to deposit the surety bond at the bank within Chinese territory when it applies to engage in the non-vessel-operating services to and from Chinese ports in accordance with the Maritime Transportation Regulations and these Rules. However, in order to ensure that the debt to be paid which is incurred from the foreign non-vessel-operating common carrier’s non-performance or improper performance of the carrier’s responsibility, or, in order to ensure that the fine to be paid which is incurred from such non-vessel-operating common carrier’s non-performance or improper performance satisfy the provisions in paragraph 3 of Article 8 of the Maritime Transportation Regulations, the competent authority of such a foreign non-vessel-operating common carrier shall sign an agreement relating to the ways or means of realizing the financia1 liability guaranty with the Chinese governmental transport authority. Article l3 When the cargo is solicited, the bill of lading or other transport document is issued, or the freight is collected within Chinese territory, although there is no direct international liner services to and from Chinese ports, the qualification of the non-vessel-operating services shall be obtained in accordance with the relevant provisions of these Rules if the international cargo transportation services to and from Chinese ports is provided by way of chatering space from vessels of operators of international liner services, or, if cargo is shipped at Chinese ports for transshipment at foreign ports by using the feeder service provided by operators of international liner services, with the exception of the cases specified in paragraph 3 of Article l6 of the Maritime Transportation Regulations. Article l4 If a Chinese non-vessel-operating common carrier applies to set up a branch within Chinese territory, the surety bond shall be deposited in accordance with paragraph 2 of Article 8 of the Maritime Transportation Regulations and the registration shall be obtained in accordance with Article 11 of these Rules by acquiring the Registration of Non-Vesse1-Operating Services Qualification. The following documents shall be submitted for applying for the registration: (1) the letter of application, (2) the business registraion document of the parent company; (3) the photocopy of the Registration of Non-Vessel-Operating Services Qualification of the parent company; (4) the document confirming the business scope of the branch by the parent company; (5) the photocopy of the receipt certifytng that the surety bond has be deposited at the bank. Article l5 When the non-vessel-operating common carrier applies for the registration of the bill of lading, the name listed at the title of the bill of lading shall be the same as that of the applicant. If the name listed in the title of the bill of lading is different from that of the applicant, the applicant shall provide the documents certifytng that such a bill of lading is printed and used by itself as well as a declaration in writing that it will bear the carrier’s responsibility of issuing such a bill of lading. Article l6 If a non-vessel-operating common carrier has two or more bills of lading, each of the bil1s of lading shall be registered. If the bill of lading registered by an operator of international liner services or non-vessel-operating common carrier is changed, the sample of the new bill of lading shall be filed with the Ministry of Conununications l5 days before the date of usage of such a new bill of lading. Article 17 After the non-vessel-operating common carrier acquires according to law the qualification for the non-vessel-operating services by depositing the surety bond and registering the bill of lading, the Ministry of Communications shall list the name of the non-vessel-operating common carrier and the sample of its bill of lading at its official website. Article l8 A non-vessel-operating common carrier shall deposit according to law the surety bond at the non-vessel-operating common carrier’s bank account at the commercial bank designated by the Ministry of Communications. The interest of the surety bond shall be calcu1ated on the basis of the interest rate of the current deposit published by the People’s Bank of China. Article 19 The surety bond deposited by the non-vessel-operating common carrier is protected by the State laws. The surety bond shall not be used unless for the fol1owing cases: (1) bearing the liability for compensation due to the non-vessel-operating common carrier’s non-performance or improper performance of carrier’s responsibility according to a judgment in force by a judicial organ or an arbitration institution’s arbitration award ruled by a judicial organ to be enforced; (2) being fined by the communications authorities. If the surety bond shall be transferred due to the cases referred to in subparagraph l and 2 of the previous paragraph, it shall be carried out according to laws. If the amount of surety bond of the non-vessel-operating common carrier falls short of the amount specified in the Maritime Transportation Regulations, the Ministry of Communication shall inform the non-vessel-operating common carrier to make up the amount in short. If the non-vessel-operating common carrier fails to make up the amount in short within 30 days from the date of service of the notice in writing from the Ministry of Communications, the Ministry of Communication sha1l revoke its qualification of the non-vessel-operating services in accordance with Article 15 of the Maritime Transportation Regulations. Article 20 The non-vessel-operating common carrier may apply for the refund of the surety bond from the Ministry of Communications if its qualification for the non-vessel-operating services is revoked, aPp1ies for the termination of the services or terminates the services for other reasons. The Ministry of Communications shall pub1ish such a matter of application in a notice at its official website for 30 days. Within the notice period, if the interested party considers it as necessary to take a measure for legal custody of the surety bond under the circumstances specified in subparagraph l of Article l9 of these Ru1es which are re1ated to the non-vesse1-operating common carrier, the judgment of exercising the legal custody shall be obtained within the above-mentioned period. From the date of legal custody, the supervision over the account of surety bond of such a non-vessel-operating common carrier by the Ministry of Communications in accordance with the Maritime Transportation Regulations sha1l be terminated. The relevant dispute shall be settled by the interested parties through judiciary procedures. If there axe cases specified in the previous paragraph within the notice period, the Ministry of Communications shall inform the bank where the account of surety bond is opened to return the surety bond as well as the interest thereof of the non-vessel-operating common carrier and withdraw the Registration of Non-Vessel-Operating Services Qualification of such carrier Article 2l If the Chinese operators of international shipping services, the Chinese non-vessel-operating common carrier, the Chinese operators of international shipping agency services, the Chinese operators of international ship management services have the following case(s), they shall have them filed with the authority who issued the permission or registration: (1) the change of the enterprise’s name; (2) the change of the place of registration; (3) the change of the investors; (4) the suspension or termination of operation. If there is a change of the enterprise’s name, a new permission or registration shall be issued by the authority Who issued the permission or registration. If the operation is terminated, the relevant permission or registration shall be returned to the original authority for permission or registration. |
File DownLoad