Regulations of China on International Ocean Shipping (2016 Revision)
2018-05-13 1313
Regulations of China on International Ocean Shipping (2016 Revision)
- Document Number:Order No. 666 of the State Council
- Area of Law: Traffic and Transport
- Pkulaw Comments:Decision of the State Council on Temporarily Adjusting the Provisions of Relevant Administrative Regulations, Documents of the State Council, and Departmental Rules Approved by the State Council in Pilot Free Trade Zones
- Level of Authority: Administrative Regulations
- Date issued:02-06-2016
- Effective Date:01-01-2002
- Status: Effective
- Issuing Authority: State Council
Regulations of China on International Ocean Shipping[Revised]
(Promulgated by Order No. 335 of the State Council of the People's Republic of
China on December 11, 2001; revised for the first time in accordance with the
Decision of the State Council on Abolishing and Amending Some Administrative
Regulations on July 8, 2013; and revised for the second time in accordance with
the Decision of the State Council on Amending Some Administrative Regulations
on February 6, 2016)
Chapter 1 General Provisions
Article 1 These Regulations have been enacted in order to normalize the
activities of international ocean shipping, to protect fair competition, to
maintain the order of the international ocean shipping market and to guarantee
the lawful rights and interests of the parties to international ocean shipping.
Article 2 These Regulations shall be applicable to the business operations of
international ocean shipping inward and outward from the ports of the People's
Republic of China and the auxiliary business operations related to
international ocean shipping.
The “auxiliary business operations related to international ocean shipping” as
used in the preceding paragraph include international ship agencies,
international ship management, port handling of international ocean shipping,
the storage of goods related to international ocean shipping, container
stations and stacking of international ocean shipping, and other operations.
Article 3 Those engaged in the business operations of international ocean
shipping and the auxiliary business operations related to international ocean
shipping shall abide by the principle of good faith, and shall operate the
businesses according to law with fair competition.
Article 4 The department in charge of transportation under the State Council
and the departments in charge of transportation under the relevant local
people's governments shall, according to the provisions of these Regulations,
supervise and administrate the business operations of international ocean
shipping, and carry out the relevant supervision and administration of the
auxiliary business operations related to international ocean shipping.
Chapter 2 Operators of International Ocean Shipping and the Auxiliary
Businesses Thereof
Article 5 A party shall meet the following conditions to operate an
international shipping business:
1) Obtaining the enterprise legal person status;
2) Having the ships accommodated to international ocean shipping operations,
among which there must be Chinese ships;
3) Putting the ships into operation in accord with the technological standards
of ocean shipping safety prescribed by the State;
4) Having bills of lading, passenger tickets or multimode transport documents;
5) Having senior managerial personnel with the practice qualification as
prescribed by the department in charge of transportation under the State
Council.
Article 6 To operate the international shipping business, the party shall file
an application with the department in charge of transportation under the State
Council, and attach the relevant materials meeting the conditions as prescribed
in Article 5 of these Regulations. The department in charge of transportation
under the State Council shall finish the examination within 30 days from the
day of accepting the application, and make the decision on whether to approve
the application or not. Where approval is granted, the International Shipping
License shall be issued to the applicant; where approval is not granted, the
applicant shall be notified in written form with reasons explained.
The department in charge of transportation under the State Council shall take
into consideration the state policies on the development of the international
ocean shipping industry and the competition on the international ocean shipping
market when examining the application for international shipping operations.
If a party applies for the operation of international liner shipping when
applying for the operation of international shipping, it shall attach the
relevant materials as prescribed in Article 17 of these Regulations to be
examined and registered by the department in charge of transportation under the
State Council.
Article 7 Those operating the non-vessel shipping business shall make the
registration of bill of lading with the department in charge of transportation
under the State Council, and shall pay the security deposit.
The “non-vessel shipping business” as used in the preceding paragraph refers to
the international ocean shipping business operations of a non-vessel shipping
operator to accept the cargo of the shipper as the carrier, take the freight
charges from the shipper by issuing his own bills of lading or other transport
documents, ship the international ocean goods through international shipping
operators and bear the responsibilities of the carrier.
To operate non-vessel shipping business within the territory of China, the
party shall establish an enterprise with legal status within the territory of
China according to law.
Article 8 The non-vessel shipping operator shall attach the relevant materials
proving the payment of security deposit in accordance with the provisions of
these Regulations when filing the application for registration of bill of
lading with the department in charge of transportation under the State Council.
The sum of the security deposit as prescribed in the preceding paragraph is
800,000 Renminbi; and an additional security deposit of 200,000 Renminbi is
required for each branch established. The security deposit shall be paid to a
special account opened in a bank within the territory of China.
The security deposit shall be used to pay the debts and fines incurred due to
the failure of the non-vessel shipping operator to perform the obligations of
carrier or the inappropriate performance of the obligations. The security
deposit and the interests thereof shall belong to the non-vessel shipping
operator. The special account shall be subject to the supervision of the
department in charge of transportation under the State Council.
The department in charge of transportation under the State Council shall finish
the examination within 15 days of the day of receiving the application of the
non-vessel shipping operator for the registration of bill of lading and the
relevant materials of security deposit payment. Where the application materials
are true and complete, the registration shall be made and the applicant shall be
notified; where the application materials are untrue or incomplete, the
registration shall not be made, and the applicant shall be notified in written
form with reasons explained. The non-vessel shipping operators that have made
the registration of bill of lading shall be made known by the department in
charge of transportation under the State Council.
Article 9 A party shall meet the following conditions to operate the
international ship management business:
1) Obtaining the enterprise legal person status;
2) At least 2 of the senior managerial personnel having no less than 3 years
experience of international ship management business;
3) Having the personnel holding the post certificates of shipmaster and chief
engineer in accordance with the relevant types of the managed ships and the
shipping areas;
4) Having the equipment and facilities accommodated to the international ship
management business.
Article 10 To operate the international ship management business, the party
shall file an application with the department in charge of transportation under
the people's government of the province, autonomous region, or municipality
directly under the State Council where the business to be operated is located,
and shall attach the relevant materials meeting the conditions as prescribed in
Article 11 of these Regulations. The department in charge of transportation
under the people's government of the province, autonomous region, or
municipality directly under the State Council shall finish the examination within
15 days from the day of receiving the application. Where the application
materials are true and complete, the registration shall be made and the
applicant be notified; where the application materials are untrue or
incomplete, the registration shall not be made, and the applicant shall be
notified in written form with reasons explained.
Article 11 The international shipping operators, non-vessel shipping operators
and international ship management operators may not provide for the use of
others the operation qualifications they obtained according to law.
Article 12 Where an international shipping operator, non-vessel shipping
operator or international ship management operator no longer meets the
conditions as prescribed in these Regulations after obtaining the corresponding
operation qualification according to the provisions of these Regulations, the
department in charge of transportation under the State Council and the
department in charge of transportation under the people's government of the
province, autonomous region, or municipality directly under the State Council
shall cancel his operation qualification immediately.
Chapter 3 International Ocean Shipping and the Auxiliary Business Operations
Thereof
Article 13 Where an international shipping operator operates the international
liner shipping business into and out of Chinese ports, he shall obtain the
operation qualification for international liner shipping according to the
provisions of these Regulations.
Without the operation qualification for international liner shipping a party
may not engage in the business operations of international liner shipping, and
may not release the schedule to the public or accept booking for shipping
space.
In case of operating the international liner shipping by the means of joint
dispatch of ships, exchange of shipping space, or associated operation, etc.,
the provisions of the first paragraph of this Article shall be applicable.
Article 14 To operate the international liner shipping business, a party shall
file an application with the department in charge of transportation under the
State Council with the following materials attached:
1) Name, place of registration, copy of business license, and main capital
subscribers of the international shipping operator;
2) Names and the identification certificates of the main managerial personnel
of the operator;
3) Information about the ships used in business operations;
4) Sea route, schedule, and ports of call along the way of the vessels;
5) Freight rate book;
6) Bills of lading, passenger tickets, or multimode transport documents.
The department in charge of transportation under the State Council shall finish
the examination within 30 days from the day of receiving the application for
the operation of international liner shipping business. Where the application
materials are true and complete, the registration shall be made and the
applicant shall be notified; where the application materials are untrue or
incomplete, the registration shall not be made, and the applicant shall be
notified in written form with reasons explained.
Article 15 The international shipping operator that has obtained the operation
qualification for international liner shipping shall start sailing within 180
days from the day of obtaining the qualification; and may, with the approval of
the department in charge of transportation under the State Council, extend the
period for 90 days as a result of force majeure. In case of failure to start
sailing within that period, the operation qualification for international liner
shipping shall be forfeited upon expiration of that period.
Article 16 In case of the opening or termination of an international liner
shipping route, or change of ships or schedule of international liner shipping,
a public announcement shall be made 15 days prior, and the matter shall be
reported to the department in charge of transportation under the State Council
for record within 15 days from the day when the action is conducted.
Article 17 The freight rate of an international shipping operator that operates
international liner shipping and that of a non-vessel shipping operator shall
be reported to the department in charge of transportation under the State
Council for record according to the prescribed format. The department in charge
of transportation under the State Council shall designate special agencies to
accept the report of freight rate for record.
The recorded freight rate falls into the categories of publicized freight rate
and negotiated freight rate. Publicized freight rate refers to the rate
indicated on the freight rate book of the international shipping operator and
the non-vessel shipping operator; negotiated freight rate refers to the freight
rate agreed upon by the international shipping operator and the shipper or the
non-vessel shipping operator.
Publicized freight rate shall take effect in 30 days from the day on which the
department in charge of transportation under the State Council accepts the
report for record; negotiated freight rate shall take effect 24 hours from the
time the department in charge of transportation under the State Council accepts
the report for record.
The international shipping operator and the non-vessel shipping operator shall
carry out the recorded freight rate that has taken effect.
Article 18 When setting the negotiated freight rate with the non-vessel
shipping operator, the international shipping operator shall confirm that the
non-vessel shipping operator has made the registration of bill of lading and
paid the security deposit according to the provisions of these Regulations.
Article 19 Where the international shipping operators engaged in international
liner shipping make any liner conference agreement, operation agreement, or
freight rate agreement, etc. between themselves, they shall submit the copy of
the agreement to the department in charge of transportation under the State
Council for record within 15 days from the day on which the agreement is made.
Article 20 Where an international shipping operator has conducted any of the
following actions, he shall report to the department in charge of
transportation under the State Council for record within 15 days from the day
such action is conducted:
1) Terminating the business operations;
2) Reducing the number of ships in operation;
3) Changing the bills of lading, passenger tickets, or multimode transport
documents;
4) Setting up branches or subsidiaries in foreign countries to operate
international shipping;
5) Registering the ships he owns in foreign countries and hanging foreign
flags.
Where the international shipping operator adds ships in operation, the added
ships must be in line with the standards of safety and technology as prescribed
by the State, and shall be reported to the department in charge of
transportation under the State Council for record in 15 days before being put
into operation. The department in charge of transportation under the State
Council shall issue the certifications of record within 3 days from the day of
receiving the materials for record.
Where other state-owned enterprises have conducted any of the actions listed in
Item 4) and Item 5) of the first paragraph of this Article, they shall go
through the procedures for record according to the provisions of the first
paragraph of this Article.
Article 21 Those that operate international shipping, non-vessel shipping or
international ship agency business shall, when taking or taking as an agent the
freight charges and other relevant charges within the territory of China, issue
the invoices uniformly printed by the taxation organs of China to the payers.
Article 22 Those that fail to make the registration of bill of lading and pay
the security deposit against the provisions of these Regulations may not engage
in the business of non-vessel shipping.
Article 23 Those engaged in the international shipping or non-vessel shipping
business may not conduct the following actions:
1) Providing services at a freight rate lower than the normal and reasonable
level to impede fair competition;
2) Giving discounts to the shipper secretly out of the books to contract goods
for shipping;
3) Abusing superior status, and impairing the dealing party through
discriminatory prices or other restrictive conditions;
4) Other actions that impair the dealing party or the order of the
international ocean shipping market.
Article 24 Foreign shipping operators shall observe the relevant provisions of
these Regulations when engaging in the relevant activities of international
shipping as prescribed in this Chapter.
Foreign international shipping operators may not operate the shipping business
between Chinese ports, neither may they operate the shipping business between
Chinese ports in disguised forms such as using the rented Chinese ships or
shipping space, or exchanging the shipping space, etc.
Article 25 International ship agency operators may accept the entrustment of
the ship owners, ship renters, or ship operators to operate the following
businesses:
1) Handling the procedures for the entry and exit ports for ships, contacting
for and arranging for pilotage, berthing and port handling;
2) Acting as an agent to endorse bills of lading and sign shipping contracts,
and accept booking for shipping space;
3) Handling the customs formalities of ships, containers, and goods;
4) Contracting goods for shipping, organizing cargo, and handling the
consignment and transshipment of goods and containers;
5) Collecting freight charges and handling settlements as an agent;
6) Organizing passenger sources and handling relevant ocean passenger
transport;
7) Other relevant businesses.
International ship agency operators shall withhold and remit the taxes of the
foreign international shipping operators for whom they act as an agent
according to the relevant provisions of the State.
Article 26 International ship management operators may accept the entrustment
of ship owners, ship renters, or ship operators to operate the following
businesses:
1) Trading and leasing of ships and other management of ship assets;
2) Dealing with ship affairs, ocean affairs and arranging for maintenance;
3) Employing, training and equipping of ships' crew;
4) Other services guaranteeing the technological state of the ships and normal
sails.
Chapter 4 Special Provisions on Foreign-funded International Ocean Shipping and
the Auxiliary Businesses Thereof
Article 27 The provisions shall be applicable to the foreign businessmen
investing in and operating international ocean shipping and the relevant
auxiliary businesses related to international ocean shipping within the
territory of China; where the matters are not prescribed in this Chapter, the
other relevant provisions of these Regulations shall be applicable.
Article 28 Upon the approval of the department in charge of transportation
under the State Council, foreign businessmen may, according to the relevant
laws, regulations and other relevant provisions of the State, invest to
establish Chinese-foreign joint venture enterprises or Chinese-foreign
contractual operative enterprises to operate businesses of international
shipping, international ship agency, international ship management, port
handling of international ocean shipping, goods storage of international ocean
shipping, container station and stacking of international ocean shipping; and
may invest to establish foreign-funded enterprises to operate goods storage of
international ocean shipping.
For a Chinese-foreign joint venture enterprise engaged in international
shipping or international ship agency, the proportion of investment contributed
by the foreign party in the enterprise may not exceed 49%.
For a Chinese-foreign contractual cooperative enterprise engaged in
international shipping or international ship agency, the provisions of the
preceding paragraph shall be applicable in analogy to the proportion of
investment of the foreign party in the enterprise.
The chairman of the board of directors and the general manager of a
Chinese-foreign joint venture international shipping enterprise or a
Chinese-foreign contractual cooperative international shipping enterprise shall
be appointed by the Chinese party after negotiation of the two parties to the
Chinese-foreign joint venture or contractual cooperative venture.
Article 29 Upon the approval of the department in charge of transportation
under the State Council, foreign businessmen may, according to the relevant
laws and regulations and other relevant provisions of the State, invest to
establish Chinese-foreign joint venture enterprises, Chinese-foreign
contractual cooperative enterprises and foreign-funded enterprises to provide
the daily services such as contracting goods for shipping, acting as an agent
to endorse bills of lading, settling freight charges, signing service
contracts, etc. for the ships they own or operate; where no Chinese-foreign
joint venture enterprise, Chinese-foreign contractual cooperative enterprise or
foreign-funded enterprise has been set up within the territory of China, the
aforesaid businesses shall be entrusted to the international ship agency
operators in China.
Article 30The residential representative offices set up within the territory of
China by foreign international shipping operators and foreign international
shipping auxiliary enterprises may not engage in business operations.
Chapter 5 Investigation and Treatment
Article 31 The department in charge of transportation under the State Council
may, based on the request of the interested persons or its own decision,
conduct investigations with respect to the following situations:
1) The liner conference agreement, operation agreement, or freight rate
agreement, etc. signed between the international shipping operators engaged in
international liner shipping may impair fair competition;
2) For various kinds of associations generated through the agreements signed by
the international shipping operators engaged in international liner shipping,
the shipping share of a sea route involving Chinese ports has continuously
exceeded 30% of the shipping volume of that sea route for a year, and may
impair fair competition.
3) Any action as prescribed in Article 27 of these Regulations;
4) Other actions that may impair fair competition on the international ocean
shipping market.
Article 32 The department in charge of transportation under the State Council
shall conduct the investigations jointly with the department of industry and
commerce administration and the department of price under the State Council
(hereinafter referred to as the investigation departments).
Article 33 The investigation departments shall form investigation teams when
conducting investigations. There shall be no less than 3 members in an
investigation team. And the investigation teams may retain the relevant experts
to participate in the work.
Before conducting the investigation, the investigation team shall inform the
person under investigation of the purpose, reasons, and period of the
investigation and other matters. The investigation period may not exceed 1
year; and may be extended for half a year upon the approval of the
investigation departments if necessary.
Article 34 When conducting investigations, the investigation personnel may ask
the person under investigation and the units and individuals having business
relations with him about the relevant information, and may consult and copy the
relevant materials such as the relevant documents, agreements, contracts,
account books, business letters and electronic data, etc.
When conducting investigations, the investigation personnel shall keep
confidential the business secrets of the person under investigation and the
units and individuals having business relations with him.
Article 35 The person under investigation shall accept the investigation,
provide the relevant information and materials according to facts, and may not
refuse the investigation or conceal the truth or give false information.
Article 36 After an investigation ends, the investigation departments shall
make the investigation conclusion, and notify the person under investigation
and the interested persons in written form.
With respect to those impairing fair competition, the investigation departments
may take prohibitive and restrictive measures such as ordering the amending of
relevant agreements, restricting the number of scheduled flights of a liner,
suspending the rate books or the acceptance of record of freight rates, and
ordering regular submission of relevant materials, etc.
Article 37 Before making the decision to take prohibitive or restrictive
measures, the investigation departments shall inform the parties concerned of
their rights to require the holding of hearings; a hearing shall be held if the
parties concerned require so.
Chapter 6 Legal Responsibilities
Article 38 If any party operates an international shipping business without
obtaining the International Shipping License, the party shall be ordered to
stop the business operations by the department in charge of transportation
under the State Council or the department in charge of transportation under the
relevant local people's government; if there exist illegal gains they shall be
confiscated; if the illegal gains are not less than 500,000 Yuan, a fine of not
less than 2 times but not more than 5 times of the illegal gains shall be
imposed; if there are no illegal gains or the illegal gains are less than
500,000 Yuan, a fine of not less than 200,000 Yuan but not more than 1,000,000
Yuan shall be imposed.
Article 39 If any party operates the non-vessel shipping business without
making the registration of bill of lading and paying the security deposit, he
shall be ordered to stop the business operations by the department in charge of
transportation under the State Council or the department in charge of
transportation under the local people's government authorized by it; if there
exist illegal gains they shall be confiscated; if the illegal gains are not
less than 100,000 Yuan, a fine of not less than 2 times but not more than 5
times of the illegal gains shall be imposed; if there are no illegal gains or
the illegal gains are less than 100,000 Yuan, a fine of not less than 50,000
Yuan but not more than 200,000 Yuan shall be imposed.
Article 40 Whoever engages in the international ship management business
without undergoing the registration formalities shall be ordered to stop the
business by the transportation department of the people's government of the
province, autonomous region, or municipality directly under the Central
Government where the business is located, with confiscation of any illegal
income; and be fined not less than two times but not more than five times the
amount of illegal income if the illegal income is 50,000 yuan or more or be
fined not less than 20,000 yuan but not more than 100,000 yuan if there is no
illegal income or the illegal income is less than 50,000 yuan.
Article 41 If any foreign international shipping operator operates the shipping
business between Chinese ports, or operates the shipping business between
Chinese ports in forms such as using the rented Chinese ships and shipping
space, and exchanging the shipping space, etc., he shall be ordered to stop the
business operations by the department in charge of transportation under the
State Council or the department in charge of transportation under the relevant
local people's government; if there exist illegal gains they shall be confiscated;
if the illegal gains are not less than 500,000 Yuan, a fine of not less than 2
times but not more than 5 times of the illegal gains shall be imposed; if there
are no illegal gains or the illegal gains are less than 500,000 Yuan, a fine of
not less than 200,000 Yuan but not more than 1,000,000 Yuan shall be imposed.
If the operator refuses to stop the business operations, the operator will be
rejected from entering the port; and the operator's qualification for
international liner shipping shall be cancelled if the circumstances are
serious.
Article 42 If any party operates the international liner shipping business
without obtaining the operation qualification for international liner shipping,
the party shall be ordered to stop the business operations by the department in
charge of transportation under the State Council or the department in charge of
transportation under the relevant local people's government; if there exist
illegal gains they shall be confiscated; if the illegal gains are not less than
500,000 Yuan, a fine of not less than 2 times but not more than 5 times of the
illegal gains shall be imposed; if there are no illegal gains or the illegal
gains are less than 500,000 Yuan, a fine of not less than 200,000 Yuan but not
more than 1,000,000 Yuan shall be imposed. Those refusing to stop the business
operations shall be rejected from utilizing the port.
Article 43 If any international shipping operator, non-vessel shipping operator
or international ship management operator provides his operation qualification
obtained according to law for others to use, he shall be ordered to correct the
acts within a limited period by the department in charge of transportation
under the State Council or the department in charge of transportation under the
relevant local people's government; if the operator fails to correct his acts
within the limited period, the operator's qualification for international liner
shipping shall be cancelled.
Article 44 If a party fails to go through the procedures for record as prescribed
in these Regulations, he shall be ordered to complete the procedures as
prescribed in these Regulations for record within a limited period by the
department in charge of transportation under the State Council or the
department in charge of transportation under the relevant local people's
government authorized by it; anyone failing to make up the procedures within
the limited period shall be fined no less than 10,000 Yuan but no more than
50,000 Yuan, and the party's corresponding qualifications shall be cancelled.
Article 45 If any party fails to go through the procedures for record of
freight rate as prescribed in these Regulations or fails to carry out the
recorded freight rate, the party shall be ordered to correct its acts within a
limited period by the department in charge of transportation under the State
Council or the department in charge of transportation under the relevant local
people's government, and be imposed on a fine of not less than 20,000 Yuan but
not more than 100,000 Yuan.
Article 46 If any party shall be given administrative punishment according to
the investigative conclusion or has committed any of the violations of law
listed in Article 27 of these Regulations, he shall be given punishment by the
department in charge of transportation, the department in charge of price or
the department of industry and commerce administration according to the
provisions of relevant laws and regulations.
Article 47 If any international shipping operator agrees upon negotiated
freight rate with the non-vessel shipping operator who fails to make the
registration of bill of lading and pay the security deposit, he shall be given
a warning by the department in charge of transportation under the State Council
or the department in charge of transportation under the relevant local people's
government, and be fined no less than 20,000 Yuan but no more than 100,000
Yuan.
Article 48 If the residential representative office of a foreign international
shipping operator or foreign international ocean shipping auxiliary enterprise
engages in business operations, it shall be ordered to stop the business
operations by the department of industry and commerce administration and
punished according to law.
Article 49 If any party refuses the investigation conducted by the
investigation departments and their functionary according to law, or conceals
the relevant information or materials or gives false information, the party
shall be ordered to correct its acts by the department in charge of
transportation under the State Council or the department in charge of
transportation under local people's government authorized by it, and be fined
no less than 20,000 Yuan but no more than 100,000 Yuan.
Article 50 If any party illegally engages in the business operations of international
ocean shipping into and out of Chinese ports and the auxiliary business
operations related to international ocean shipping, and disturbs the order of
the international ocean shipping market, the party shall be investigated for
criminal responsibilities according to the provisions of the Criminal Law on the crimes of illegal
business operations.
Article 51 If any working personnel of the department in charge of
transportation under the State Council or the department in charge of
transportation under the relevant local people's government has conducted any
of the following actions, caused serious consequences and violated the criminal
laws, he shall be investigated for criminal responsibilities according to the
provisions of the Criminal Law on the
crime of abusing powers, neglecting duties or other crimes; if the case is not
serious enough to be subject to criminal penalties, administrative punishments
shall be given according to law:
1) Failing to make examination and approval of, to license, to register or to
put on record the applicants who meet the conditions as prescribed in these
Regulations, or making examination and approval of, licensing, registering or
putting on record the applicants who do not meet the conditions as prescribed
in these Regulations;
2) Failing to supervise and administer the international shipping operators,
non-vessel shipping operators and international ship management operators that
have been examined and approved, licensed, registered and put on record, or
failing to cancel the operation qualification of the operator who has been
found to no longer meet the conditions as prescribed in these Regulations, or
failing to investigate and punish the operator who has been found to have
committed violations of law.
3) Failing to immediately ban the business operations of international ocean
shipping and the auxiliary business operations related to international ocean
shipping, which have been found in the supervision and inspection, conducted by
the units and individuals that have not gone through the procedures for
examination and approval, license, registration, and recording according to
law, or failing to deal with the cases according to law after receiving
reports.
Chapter 7 Supplementary Provisions
Article 52 These Regulations shall be applicable in analogy to the
international ocean shipping businesses and auxiliary businesses related to
international ocean shipping operated in the Chinese mainland with investment
of the investors from Hong Kong Special Administrative Region, Macao Special
Administrative Region and Taiwan area.
Article 53 Without approval of the department in charge of transportation under
the State Council, foreign international shipping operators may not operate the
shipping business between Chinese mainland and Hong Kong Special Administrative
Region or Macao Special Administrative Region, may not operate the shipping
businesses between Chinese mainland and Taiwan through direct two-way sailing
or passing a third place.
Article 54 The administration measures governing the ocean shipping between
Chinese mainland the Hong Kong Special Administrative Region or Macao Special
Administrative Region shall be formulated by the department in charge of
transportation under the State Council according to these Regulations.
The ocean shipping between Chinese mainland and Taiwan area shall be in
accordance with the relevant provisions of the State.
Article 55 Where any country or region adopts discriminatory, prohibitive,
restrictive, or other similar measures against the international ocean shipping
operators, ships or ship crew of the People's Republic of China, the Government
of the People' s Republic of China shall take the corresponding measures based
on the principle of reciprocity.
Article 56 Those that have already engaged in the business operations of
international ocean shipping and the auxiliary business operations related to
international ocean shipping shall make up the relevant procedures within 60
days from the day of promulgation of these Regulations according to the
provisions of these Regulations.
Article 57 These Regulations shall come into force on Jan. 1, 2002. The
Provisions of the People's Republic of China on the Administration of
International Ocean Shipping of Containers promulgated by the State Council on
Dec.5, 1990, amended and promulgated by the State Council on April 18, 1998
shall be abolished simultaneously.