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| implementing rules of the regulations of PRC on international...(3) |
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Article 22 Except the foreign-invested enterprises specified in the Maritime Transportation Regulations and Chapter Four of these Ru1es, the operators of the business relating to storage and warehousing of international shipments international, the operators of international maritime container freight station and container yard services shall, within 30 days of from the time of stating the above-mentioned services file the case with the competent communications department of the people’s government of the province, autonomous region or municipality directly under the Central Government where the enterprises are registered. CHAPTER THREE〓BUSINESS OPERATIONS OF INTERNATIONAL MARITIME TRANSPORTAION AND AUXILIARY BUSINESS THEREOF Article 23 If operators of international liner services stat new 1iner services, suspend liner services, change the carrying vessels or schedule for international liner services, such issues shall be made known to public at the mess media designated by the Ministry of Communications in accordance with the provisions of Article 19 of the Maritime Transportation Regul3tions and such issues shall be fi1ed as provided. Article 24 If a Chinese international shipping service operator increases shipping capacity including increasing shipping capacity through bare boat chartering, such issue shall be filed with the Ministry of Communications l5 days prior to the operation of such vessel(s) and the document certifying the filing shall be acquired. The filing documents shall include the name of the company, the place of registration, the name(s) of the vessel(s), the nationality(ies) of the vessel(s), type(s) of vessel(s), vessel(s)’s tonnage and the shipping route(s) planned. The Ministry of Communications shall, within 3 working days after acceptance of the filing documents, issue the document certifying the filing. Article 25 A foreign international shipping service operator who operates international liner services to and from Chinese ports and a foreign non-vessel-operating common carrier who provides international cargo transportation services to and from Chinese ports by entrusting their agents to provide the services on behalf of them in China shall appoint their points of contact within Chinese territory Such points of contact are responsible for the contact between such foreign enterprises and the re1evan competent authorities of the Chinese government on administration and legal issues as specified in the Maritime Transportation Regulations and these Rules. The points of contact can be the foreign-invested enterprises or the foreign-invested representative offices set up within Chinese territory as well as other Chinese enterprise legal persons or other economic organizations who have fixed places of business. The appointment of the points of contact shall be filed with the Ministry of Communications and the following documents shall be submitted for filing: (1) the introduction of such points of contact with the information of the names, the places of business, the means of contact and the persons of contact of such points of contact; (2) the duplicate or photocopy of the letter of entrustment; (3) the duplicate of the agreements concluded between the entrusting parties and the points of contact; (4) the photocopies of the business registration documents of the points of contact. If the points of contact are foreign-invested enterprises or foreign-invested representative offices of within Chinese territory, the documents referred to in subparagraph 2 and 3 can be exempted. If the points of contact or the information listed in the introduction of the points of contact, such changes shall be filed with the Ministry of Communications within l5 days from the date of such changes. Article 26 No enterprise or individual may, without authorisation, uses the bill of lading which has been registered by an operator of international liner services or a non-vessel-operating common carrier. Article 27 If a non-vessel-operating common carrier needs to entrust an agent with issuance of the bill of lading or the related document on its behalf, it shall entrust a qua1ified operator of international shipping services, a qualified non-vessel-operating common carrier or a qualified operator of auxiliary business operations relating to international maritime transportation to provide the above-mentioned services on its behalf. The qualified operator referred to in the previous paragraph shall not accept the entrustment to issue the bill of 1ading of a non-vesse1-operating common carrier who fails to register its bill(s) of lading and deposit the surety bond. Article 28 If an operator of international liner services has an agreement of negotiated rates with a shipper or a non-vessel-operating common carrier, such an agreement shall be in writing. The series number of such an agreement shall be listed in the bill of lading or the related document. Article 29 An operator of internationa1 shipping services shall not accept cargo or containers from a non-vessel-operating common carrier Who fails to register its bill(s) of lading and deposit the surety bond. Article 30 If an operator of international liner services entrusts an agent with the businesses including accepting space-booking, issuing bill of 1ading and collecting freight on its behalf, the agent entrusted shall be an qualified operator of international shipping agency services. |
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