中华人民共和国海上国际集装箱运输管理规定 PROVISIONS OF THE PEOPLES REPUBLIC OF CHINA ON THE ADMINISTRATION OF MARITIME I

国务院令第68号
（Promulgated by Decree No. 68 of the State Council of the People's Republic of China on December 5， 1990， and effective as of the date of promulgation）
时效性：已被修正　 颁布日期：19901205 　实施日期：19901205 　失效日期：19980418 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Provisions are formulated in order to strengthen the administration of maritime international container transport， to clearly define the responsibilities of the various parties concerned， and to meet the State's needs in handling foreign trade.

　　Article 2 These Provisions shall apply to those enterprises that are established within the territory of the People's Republic of China for the handling of maritime international container transport， and also to units and individuals that are involved in the operations of maritime international container transport.

　　Article 3 The Ministry of Communications of the People's Republic of China shall be responsible for the administration of the operations of maritime international container transport throughout the country.

　　Article 4 In conducting maritime international container transport， the principles of safety， accuracy， speed， economy， and civilized services must be followed and door-to-door transportation shall be actively developed.

　　Chapter II Procedures for the Examination and Approval of Applications for the Establishment of Enterprises That Handle Maritime Inter- national Container Transport

　　Article 5 “Enterprises for the operations of maritime international container transport” refers to those shipping enterprises that are engaged in maritime international container transport， and also to those enterprisesthat are engaged in port handling， with their inland transshipment stations and freight stations that undertake maritime international container transport.

　　Article 6 The applications for the establishment of enterprises that are engaged in the operations of maritime international container transport shall be submitted to the competent departments for communications of the provinces， autonomous regions， or municipalities directly under the Central Government for examination and verification， and then to the Ministry of Communications for examination and approval.

　　Article 7 The applications for the establishment of enterprises that are engaged in port handling of international containers shall be submitted to the competent departments for communications of the provinces， autonomousregions， or municipalities directly under the Central Government for examination and approval， and then to the Ministry of Communications for the record. After the promulgation of these Provisions， the applications for the establishment of new inland transshipment stations and freight stations that undertake the transport of maritime international containers shall be submitted first to the competent department that has established the said enterprise for examination， verification， and consent； and then to the competent departments for communications of the provinces， autonomous regions， or municipalities directly under the Central Government for examination and approval； and finally to the Ministry of Communications for the record. The procedures for the examination and approval of the applications for the establishment of new transshipment stations and freight stations that undertake the transport of maritime international containers shall be formulated separately by the Ministry of Communications in conjunction with the Ministry of Foreign Economic Relations and Trade.

　　Article 8 The applications for the establishment of Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures that handle maritime international container transport shall be submitted to the Ministry of Communications for examination， verification， and consent； and shall then， in accordance with the provisions of the p

ertinent laws and regulations， be submitted to the Ministry of Foreign Economic Relations and Trade for examination and approval.

　　Article 9 The establishment of enterprises that are engaged in the operations Of maritime international container transport must satisfy the Following conditions：

　　（1） to have transport vessels， transport motor vehicles， transport equipment and other relevant facilities that correspond to their scope of business and to the needs of their customers；

　　（2） to have the necessary organizational structure， site for setting up theirbusiness office， and specialized administrative personnel；

　　（3） to have the registered capital and their own working capital that meets the requirements of their business operations；

　　（4） to meet other conditions as stipulated by State laws， decrees and regulations governing the establishment of enterprises.

　　Article 10 The competent department for communications shall examine， verify And approve the scope of business operations of the enterprises that have applied for the permission to handle maritime international container transport in light of their sources of funds， the conditions of equipment and facilities， the standard of administration， and the sources of cargoes.

　　Article 11 The competent department of communications shall issue the approving documents to those enterprises， which have obtained the approval to handle maritime international container transport. The units that have received the approving documents shall apply and go through the registration procedures by presenting the aforesaid approving documents to the administrative department for industry and commerce， which shall issue the business licences after checking and approving the enterprises' application： and only then shall the enterprises be permitted to start business operations. Cases concerning the establishment of inland transshipment stations and freight stations that undertake the transport of maritime international containers shall also be submitted to the Customs for the completion of the registration procedures.

　　Chapter III Management of Freight Transportation

　　Article 12 The containers used in maritime international container transport shall conform to the provisions and technical standards of the international organization for the standardization of containers， and also to the provisions of the pertinent international containers convention. The owners and operators of containers shall do a good job in the management and maintenance of containers and carry out regular inspections， in order to guarantee the provision of containers that are suitable for the transportation of cargoes. In case that the provisions in the second paragraph of this Article have been violated， and， as a result， goods are damaged or short in number or quantity， the person（s）who is （are） held responsible for this shall bear the liability for compensation in accordance with the pertinent provisions.

　　Article 13 Shippers and enterprises that are engaged in port handling， shall guarantee that the vessels， motor vehicles， handling machinery and tools are kept in a good technical condition， thereby ensuring the transportation and safety of containers. In case that shippers and enterprises that are engaged in port handling have violated the provisions in the first paragraph of this Article， and， as a result， goods are damaged or short in number or quantity， they shall bear the liability for compensation in accordance with the pertinent provisions.

　　Article 14 Shippers and enterprises that are engaged in port handling shall use the container shipping documents.

　　Article 15 Shippers may directly organize the contracting of the transportation Of container goods， and consignors may directly hold business talks with shippers or commission shipping agents for the consignment of import and export container goods.

　　Art

icle 16 Consignors shall submit an accurate report on the names of goods， And their property， quantity， weight， and specifications. The goods shipped By consignment in containers must conform to the requirements of container transport， and marks on the goods should be obvious and clear.

　　Article 17 Consignors or shippers shall， before vanning， carry out a careful inspection of containers， and containers that might cause an adverse effect on to the transportation and vanning of goods may not be used.

　　Article 18 Containers which are used for shipping such perishables as grains， edible oils， and frozen food， shall be inspected by the department for commodity inspection and found to be up to the standard before they are used for shipping.

　　Article 19 As soon as container goods have reached their destination， the shipper shall promptly send a cargo delivery notice to the consignee； and the consignee shall， upon receiving the notice， take delivery of goods on the strength of the bill of lading. In case that the consignee fails to clear the goods when the prescribed time limit is overdue， or that the consignee fails to return the containers according to the prescribed time limit， the said consignee shall be required to pay， in accordance with the pertinent stipulations or with the agreement set forth in the contract， the demurrage charge for the extended use of containers.

　　Article 20 The freight charges for maritime international container transport and other expenses shall be calculated and collected in accordance with the State provisions concerning shipping charges and charge rates. In the absence of State provisions， the freight charges shall be calculated and collected in accordance with the prices agreed upon by both parties. No units shall be permitted to collect charges at random.

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