|
| Implementing rules of the regulations of the...(5) |
|
The Ministry of Communications shall, within 30 working days after the acceptance of the above-motioned documents and comments, comp1ete the examination, verification in accordance with the provisions in Article 9 of the Maritime Transportation Regulations and give a decision of granting or not granting an approval. If an approval is granted, an approval document shall be issued. If no approval is granted, the applicant shall be notified in writing and given the reason therefor. The applicant Who is grated the approval shall go through the approval procedures for setting up a foreign-invested enterprise at relevant authorities in accordance with the 1aws and regulations on the setting up of a foreign-invested enterprise of the State with the approval document issued by the Ministry of Communications. The applicant shall, after the acquiring the relevant approvals from the authorities, apply for the registration of the services with the Registration for Operation of International Shipping Agency Services to the Ministry of Communications with the approval documents from the relevant authorities in accordance with the provisions of Article 7 of these Rules. Article 43 lf one sets up a foreign-invested enterprise to engage in international ship management services, the application documents provided in Article 8 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 directly under the Central Government where the is registered. The competent communications department of the people’s government of the province, autonomous region or mtmicipa1ity directly under the Central Government shall, within l0 working days after the acceptance of the above-mentioned complete documents, submit the documents together with the comments to the Ministry of Communications. The Ministry of Communications shall, within 30 working days after the acceptance of the above-mentioned documents and comments, complete the examination, verification in accordance with the provisions in Article ll of the Maritime Transportation Regu1ations and give a decision of granting or not granting an approval. If an approval is grated, an approval document shall be issued. If no approval is granted, the applicant shal1 be notified in writing and given the reason therefor. The applicant who is granted the approva1 shal1 go through the approval procedures for setting up a foreign-invested enterprise at relevant authorities in accordance with the laws and regulations on the setting up of a foreign-invested enterprise of the State with the approval document issued by the Ministry of Communications. The applicant shall, after the acquiring the relevant approva1s from the authorities, apply for the registration of the services with the Registration for Operation of Auxiliary Businesses Relating to international Maritime Transportation to the competent communications department of the people’s government of the province, autonomous region or municipality directly under the Celltra1 Government with the approval documents from the relevant authorities in accordance with the procedures provided in Article 8 of these Rules. Article 44 If one engages in the business re1ating to storage and warehousing of international shipments, the fo1lowing conditions shall be met: (1) having a fixed place of business; (2) having the warehouse faci1ities compatible to the scope of business; (3) having at least two senior executives with no less than three years’ experience in the relevant business; and (4) other conditions provided for in the laws and regulations. Article 45 If one engages in international Maritime container freight station and container yard services, the following conditions shal1 be met: (1) having a fixed p1ace of business; (2) having the vehicles, handling facilities, container yards and container checking equipment or facilities compatible to the scope of business, (3) having at least two senior executives with no less than three years’ experience in the relevant business; and (4) other conditions provided in the laws and regulations. Article 46 If one sets up a foreign-invested enterprise to engage in the business relating to storage and warehousing of international shipments, or sets up a Chinese-foreign equity joint venture or a Chinese foreign contractual joint venture to engage in international Maritime container freight Station and container yard 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, and the following documents shall be attached thereto: (l) 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; and (4) the business registration documents of the investors, in case of investment by natural persons, the identity documents. 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 the acceptance of the above-mentioned complete documents, submit the documents together with the comments to the Ministry of Communications. The Ministry of Communications shall, within 30 working days after the acceptance of the above-mentioned documents and comments, complete the examination, verification in accordance with the provisions in Article 44 and 45 of the these Rules and give a decision of granting or not granting an approval. If an approval is granted, an approval document shall be issued. If no approva1 is granted, the applicant shall be notified in writing and given the reason therefor. The applicant who is grated the approval shall go through the approval procedures for setting up a foreign-invested enterprise at relevant authorities in accordance with the laws and regulations on the setting up of a foreign-invested enterprise of the State with the approval document issued by the Ministry of Communications. The applicant shall, after the acquiring the relevant approvals, apply for the registration of the services with the Registration for Operation of Anxiliary Businesses Relating to International Maritime Transportation to Ministry of Communications. Article 47 The relevant registration procedures shall be gone through with the registration document issued by the Ministry of Communications at the customs authority at the place where the cargoes or containers stored are to be supervised before the cargoes or containers to be supervised by the customs can be stored. Article 48 In case of setting up a representative office within the Chinese territory by a foreign operator of international shipping services or a operator of the auxiliary business operations relating to international maritime transportation, the following documents 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 representative office is to be registered: (1) the letter of application, in Which the name, the place of registration, the duration of service and the main scope of business of the representative office to be set up shall be specified; (2) the business registration document of such operator; (3) the introduction of the business of such operator including the time of registration, the main scope of business, the business achievement of recent years, the number of employees, the introduction of overseas branches of such operator; (4) the letter of authorization for the chief representative signed by the director of board or the general manager of the operator; (5) the name, the nationality and curriculum vitae and the identity document of the chief representative. The competent communications department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall, within 7 working days after the acceptance of the above-mentioned complete documents, submit the documents together with the comments to the Ministry of Communications. The Ministry of Communications shall, within 15 working days after the acceptance of the above-mentioned documens and comments, give a decision of granting or not granting an approval. If an approval is granted, a Approval for the Setting up of A Representative Office by a Foreign (Overseas) Enterprise for Waterborne Transportation within Chinese Territory (hereinafter referred to as the Approval) shall be issued by the Ministry of Communications. If the application documents are incomplete and inauthentic, no approval shall be granted and the applicant shall be notified in writing and given the reasons therefor. The applicant Who is granted an approval shall, within 30 days after the date of granting the approval, go through the procedures for registration at the enterprise registration athority. If the applicant fails to go through the registration procedures within the above-mentioned time limit, the Approval expires automatically. The approved duration of service of the representative office shall be three years. Article 49 If there is a change in the name of the representative office or a change of the chief representative, such a change shall be filed with the Ministry of Communications within l5 days after the date of such a change. If there is a change in the chief representative, the curriculum vitae, the photocopy of the new chief representative and the letter of authorization for the chief representative signed by the director of the board or the general manager of foreign (overseas) enterprise shall be attached at the time of filing. If there is a change in the name of the representative office, an explanation on the relationship between the old name and the new name of the representative office shall be attached at the time of filing. If the change of name of the representative office arises from the merging, acquisition or separation of enterprises, the relevant legal certifying document shall be attached as well. The Ministry of Communications shall complete the filing procedures timely after the acceptance of the filing documents. Article 50 If the duration of service of the representative office needs to be extended, an application shall be submitted to the Ministry of Communications 60 days before the date of expiration of the duration. The following application documents shall be included: (1) the letter of application; (2) the photocopy of the Approval issued by the Ministry of Communications; and (3) the photocopy of the business registration document of the representative office. The Ministry of Communications shall, within l5 working days after the acceptance of the complete and authentic documents from the applicant, complete the procedures relating to the registration of the change and issue the certifying document. Article 51 If a representative office terminates its operation, such an issue shall be reported to the Ministry of Communications within l0 days after the date of termination. The Ministry of Communications shall cancel the qualification of service of the representative office at the request. If a representative office fails to app1y for the extension of duralion of service when the duration expires, the qualification of the service of the representative office expires automatically at the time of expiration of the duration. If a representative office terminates its operation, loses its qualification of service or is cancelled with its qualification of service, the Ministry of Communications shall issue a Notice on Cancellation of the Qualification of Service of the Representative Office by a Foreign (Overseas) Enerprise for Waerborne Transportation within Chinese Territory and notify the competere communications depatment of the people’s government of the province, atonomous region or municipality directly under the Central Government and the enterprise registtration authority concerned. CHAPTER FIVE〓INVESTIGATIONS AND SETTLEMENT Article 52 If any interested party considers that an operator of international maritime transportation or auxiliary businesses thereof is involved in the circumstances specified in Article 35 of the Maritime Transportation Regulations or Article 38 of these Rules, it can request the Ministry of Communications to conduct investigations in accordance with the provisions of Article 35 of the Maritime Transportation Regulations. When a request for investigations is lodged, an application in writing with the reason for the investigations and necessary evidence shall be submitted. The Ministry of Communications shall, within 60 working days after the date of acceptance of the application, conduct an appraisal of the application for investigations and give a decision of conducting or not conducting the investigations. (1) if the Ministry of Communications considers the reason for the investigations is not enough or the evidence in the application is not sufficient, it shall decide not to conduct investigations and notify the applicant thereof The applicant can make a request for investigations again after adding new reasons or new evidence; (2) if the Ministry of Communications considers it necessary to conduct investigations after taking into consideration of the appraisal conclusion or at its own discretion in accordance with Article 35 of the Maritime Transportation Regulations, the administrative department of commerce and industry of the State Council and the pricing department of the State Council shall be informed of the relevant documents and appraisal conclusion. Article 53 The investigations shall be conducted by an investigation group jointly composed by the Ministry of Communications, the administrative deparment of commerce and industry of the State Council and the pricing department of the State Council (hereinafter referred to as the investigatory authority). The investigatory authority shall notify the person under investigation of the composition of the investigation group, the reason for investigation and the time limit for the investigation etc. The person under investigation shall, within 30 days after the service of the notice of investigation, reply to the investigations. If the person under investigation considers that the members of the investigation group have related interests with the investigation applicant, the person under investigation or the issues under investigations, he can request a refusal of such member(s). If the investigatory authority considers the application for refusal tenable, it shall adjust the composition of the investigation group. Article 54 When the person under investigation is investigated, he shall provide the relevant statistics, documents or papers at the request of the investigation group. If such statistics, documents or papers are commercial secrets, the investigation group shall be made known. The investigation group shall record in writing the confidentiality of such statistics, documents or papers. |
File DownLoad