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| Implementing rules of the regulations of the...(4) |
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Article 3l The operators of international liner services and the non-vessel-operating common carriers shall pub1ish the information relating to their shipping agencies, agents for issuing bill of lading on their behalf within Chinese territory at the mass media designated by the Ministry of Communications. The information to be published includes the name, the place of registration, the place of business and the means of contact of such agents. If there is a change of agents, the new information shall be published 7 days prior to the coming into effect of the agency agreement. The operator of international liner services and the non-vessel-operating common carriers shall file timely the name lists of the media where they publish the information relating to their agents with the Ministry of Communications. Article 32 The liner conference agreements, service operation agreements and freight rate agreements which involve the services to and from Chinese ports and are concluded between operators of interntional shipping services shall be filed with the Ministry of Communications within l5 days after the date of concluding the agreements in accordance with the following provisions: (l) the liner conference agreements shall be filed by the liner conference representing all its members who operate the maritime transportation to and from Chinese ports. When the liner conference files the agreement, the name list of the members of the conference shall be attached thereto. (2) the service operation agreements and freight rate agreements shall be filed by the operators of international shipping services Who are contracting parties to such agreements. Article 33 lf there is a merger or acquisition among Chinese operators of international shipping services, or a merger or acquisition between Chinese operators of international shipping services and foreign operators of international shipping services, such agreements shall be submitted by the merging or acquiring party in accordance with the provisions in Article 24 of the Maritime Transportation Regulations to the Ministry of Communications for examination and aPprova1. Article 34 The following operators shall issue special-purpose invoices to the payers when they collect freight and other related charges for themselves or on behalf of others: (1 ) the Chinese operators of international shipping services and their branches; (2) the Chinese non-vessel-operating common carriers; (3) the operators of international shipping agency and their branches; (4) the enterprises specified in Article 33 of the Maritime Transportation Regulations. After the operators referred to in the preceding paragraph obtain the document certifying the usage of special-purpose invoices Which are issued from the competent communications department of the people’s government of the people’s government of the province, the autonomous region and the municipality directly under the Central Government, they shall apply for the special-purpose invoices from the taxation authority where the company are registered, unless it is provided by the State Administration of Taxation otherwise. Article 35 The operators of international ship management services shall fu1fill the obligations of safety of vessels and anti-pollution in accordance with the provisions of the contracts and the relevant provisions of the State. Article 36 The international liner services operators Who operate the international liner services to and from Chinese ports shall fill out the Form on haemationa1 Maritime Transportation Information of the People’s Republic of China (Basic Information of Shipping Companies), the Form on international Maritime Transportation information of the People’s Republic of China (Export Full-loaded Container Volume of Shipping Companies), the Form on International Maritime Transportation Information of the People’s Republic of China (Import Full-loaded Container Volume of Shipping Companies) and send the forms to the Ministry of Communications before March 31st every year. Foreign operators of internationa1 shipping services shall have the above-mentioned forms sent by their entrusted liaison office. Article 37 Chinese operators of international shipping services, Chinese operators of international shipping agency service and operators of international container ports shall fill out respectively the Form on international Maritime Transportation Information of the people’s RePub1ic of China (Basic information of Shipping Companies), the Form on International Maritime Transportation of the People’s Republic of China (international Shipping Agencies), the Form on International Maritime Transportation of the People’s Republic of China (Container Throughput of Ports) before March l5tn every year to the competent communications department of the people’s government of the province, autonomous region or municipality directly under the Central Government where the Companies are registered. The relevant competent communications department of the people’s government of the province, the autonomous region and the municipality directly under the Central Government shall file the above-mentioned forms and the summary of the forms before March 3l,, every year with the Ministry of Communications. Article 38 The operators of international shipping agency services, operators of international ship management services, operators of the business relating to storage and warehousing of international shipments and operators of international maritime container freight station and container yard services shall not have following acts’ (1) providing services at an abnormal and unreasonable charge level, thereby prejudicing fair competition; (2) offering secret rebates to customers, not being reflected in the account books, for the purpose of soliciting cargoes; (3) arbitrarily taking advantage of its dominant position to restrict the other transacting party to choose freely operators of auxiliary business operations relating to international maritime transportation, or to attract the other transaction party by using the monopoly position in the industry for the purpose of repelling other competitors in the same industry, (4) Other unfair competition acts. Article 39 The representative offices of foreign operators of international shipping services and foreign operators of auxiliary business operations relating to international maritime Transportation shall not engage in commercial operations, including but not limited to the following: (1) accepting space-booking on behalf of their parent Companies overseas, issuing bills of lading or the related documents of the parent Companies; (2) settling the payment, collecting freight and other related charges for their parent companies; (3) issuing bills of their parent Companies overseas or the enterprises set up by their parent Companies within Chinese territory as specified in Article 33 of the Maritime Transportation Regulations; (4) shipping cargoes to international liner services operators in the name of shippers; or (5) conc1uding service contracts with customers in the name of foreign-invested representative offices. CHAPTER FOUR INVESTMENT IN AND OPERATION OF INTERNATIONAL MARITIME TRANSPORTAION AND AUXILIARY BUSINESSES RELATING THERETO BY FOREIGN INVESTORS Article 40 To set up a Chinese-foreign equity joint venture or a Chinese-foreign contractual joint venture to engage in international shipping services, an application shall be submitted to the Ministry of Communications via the competent communications department of the people’s government of the province, autonomous region or municipality directly under the Central Government where the enterprise is registered, and the following documents shall be attaches thereto: (1 ) the letter Of application; (2) the feasibility study report; (3) the agreement of setting up a Chinese-foreign equity joint venture or a Chinese-foreign contractual joint venture; (4) the business registration documents of the investors, in case of investment by natural persons, the identity documents; and (5) documents certifying the business experience of senior executives which satisfy the requirements of the Ministry of Communications. The competent communications department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall, within 10 working days after its acceptance of the complete application documents, submit the documents to the Ministry of Communications together with its comments. The Ministry of Communications shall complete the examination, verification on the above-mentioned documents and comments and give a decision of granting an approval or not granting an approval within 30 working days after the acceptance of the documents and comments in accordance with the provisions of paragraph 2, 3 and 4 of Article 32 of the Maritime Transportation RegU1ations and the actual competition situations in international shipping market and the po1icies of the State for the development of international shipping industry If an approval is granted, a document of approval shall be issued to the applicant. If no approval is granted, the applicant shal1 be notified in writing and given the reasons therefor. The applicant who is grated the approva1 shall go through the approval procedures for setting up a foreign-invested enterprise at relevant authorities in accordance with the 1aws and regu1ations on the setting up of a foreign-invested enterprise of the State with the approval document issued by the Ministry of Communications. After the acquiring the relevant approvals from the authorities, the applicant shall, in accordance with the procedures in Article 5 of these Rules, apply for the permit for Operation of International Shipping Services to the Ministry of Communications with the approval documents from the re1evant authorities and the documents specified in subparagraphs 4 to 6 of paragraph l, Article 5 of these Rules. Article 41 If one sets up a foreign-invested enterprise referred to in Article 33 of the Maritime Transportation Regulations, the regulations issued jointly by the Ministry of Communications and the Ministry of Foreign Trade and Economic Co-operation shall be complied with. Article 42 If one sects up a foreign-invested enterprise to engage in international shipping agency services, the application documents provided in Article 7 of these Rules shall be submitted to the Ministry of Communications via the competent communications department of the people’s government of the province, autonomous region or municipality direct1y under the Central Government where the enterprise is to be registered. The competent communications department of the people’s government of the province, autonomous region or municipa1ity directly under the Central Government shall, within l0 working days after the acceptance of the above-mentioned complete documents, submit the documents together with its comments to the Ministry of Communications. |
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