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

rticle 21 Shippers and enterprises that are engaged in port handling， shall submit periodical statistical statements on transportation to the competent department for communications.

　　Article 22 Various parties that are involved in maritime international container transport shall， in good time， provide each other with information concerning container transport.

　　Chapter IV Hand-Over Procedures and Responsibilities

　　Article 23 Shippers and consignors or consignees shall， in accordance with the hand-over method stipulated in the bill of lading， handle the hand-over operations of containers and container goods at marshalling yards， freight stations， or other places agreed upon by the two parties concerned.

　　Article 24 Shippers and enterprises that are engaged in port handling， which take part in maritime international container transport， shall handle the hand-over operations in accordance with the following provisions：

　　（1） maritime shippers shall handle the hand-over operations along side vessel through the tally companies and enterprises that are engaged in port handling；

　　（2） with respect to containers transported by waterways through nodal points， the enterprises that engaged in port handling and waterway carriers shall handle the hand-over operations alongside vessel；

　　（3） with respect to containers transported by highways through nodal points， the enterprises that engaged in port handling and highway carriers shall handle the hand-over operations at the gate of the container terminal；

　　（4） with respect to containers transported by railway through nodal points， the enterprises that engaged in port handling or highway carriers and railway carriers shall handle the hand-over operations at the site of handling.

　　Article 25 While handling the hand-over operations of containers， the two Handling parties shall check the container numbers， the bodies of containers and the containers' marking seals. The loaded containers shall be handed over by their marking seals and by the condition of container body： and the empty container

s shall be handed over by condition of container body. After checking the container numbers， the bodies of containers and the marking seals， the two handling parties shall make a record and confirm it by appending their signatures to the record.

　　Article 26 With respect to the liabilities of shippers and enterprises that are engaged in port handling for the damage and loss of containers and container goods， before the hand-over operations， the liabilities shall betaken up by the handing-over party； after the hand-over operations， the liabilities shall be taken up by the receiving party. However， if， within 180 days immediately after the hand-over operations， the receiving party is able to produce evidence to testify to the fact that the damage of the containers， or the damage and loss of container goods， were caused by the handing-over party， then the handing-over party shall take up the liabilities for compensation， unless otherwise provided by law.

　　Article 27 Unless otherwise provided by law， shippers and consignors shall， in accordance with the following provisions， take up the liabilities for the damage or loss of container goods：

　　（1） With respect to those goods， the vanning of which is done by the shippers， if the goods in the containers are damaged or are short in number or quantity during the period of time from the day the shippers receive the goods to the day when the goods reach their destination but before they are handed over to the consignees， the shippers shall take up the liabilities for the damage or shortage.

　　（2） With respect to those goods， the vanning of which is done by the consignors， if the container bodies and the marking seals have remained intact but the goods （in the containers） have been damaged or are short in number or quantity during the period of time from the completion of the vanning and the completion of the procedures for consignment to the day before the containers are handed over to the consignees， the consignors shall take up the liabilities for the damage or shortage； if the container bodies are damaged or the marking seals broken， and the goods in the containers are also damaged or are short in number or quantity， the shippers shall take up the liabilities for the damage or shortage. The time limits for shippers and consignors or consignees to raise claims for compensation shall be limited to no more than 180 days， beginning from the day when container goods are handed over， unless otherwise provided bylaw.

　　Article 28 In case that the consignors' inaccurate or false declaration on container goods has resulted in injuries and death of personnel， or in the loss of means of transport of the goods proper and the containers， or of other goods， the consignors shall bear the liabilities for the consequences arising there from.

　　Article 29 In case that the fault of the person in charge of the vanning has Resulted in injuries and death of personnel， or in the loss of means of transport， of other goods， or containers， the aforesaid person shall bear the liabilities for the consequences arising there from.

　　Article 30 In case that the damage or shortage in number or quantity of Container goods involves a claim for compensation from a foreign unit， which necessitates an appraisal and the issue of the relevant certificate by the administrative department for commodity inspection， the case shall be handled in accordance with the provisions in the Law of the People's Republic of China on the Inspection of Import and Export Commodities. Incase that the shortage in number or quantity of containers or container goods involves a claim for compensation from a foreign unit， which necessitates the issue of the relevant certificate by the tally department， the case shall be handled in accordance with the pertinent provisions.

　　Chapter V Provisions on Penalties

　　Article 31 With respect to those who are engaged in container tran

sport Business without a business licence for handling transport business， the Competent department for communications shall order them to cease business operations， and penalties shall be imposed on them by the administrative department for industry and commerce.

　　Article 32 With respect to those who have received shipping charges in violation of these Provisions and the relevant laws and regulations of the State on commodity prices， they shall be penalized by the department for the control of commodity prices.

　　Article 33 With respect to those who have violated the administration of Transport documents， they shall be given an administrative warning or a Pecuniary penalty by the competent department for communications in light of the seriousness of the cases.

　　Article 34 With respect to those who have disturbed the normal order of transportation or have expanded their scope of business without authorization， they shall be ordered by the competent department for communications to carry out rectification of their business， and shall be penalized by the administrative department for industry and commerce.

　　Article 35 In the event that the person concerned does not accept the decision on penalties， he/she may， within 15 days as of the first day after the receipt of the notice of the decision on penalties， appeal to the competent department immediately above the punishing department for reconsideration of the aforesaid decision on penalties. The competent department that has received the appeal for reconsideration shall， within 30 days （after receiving the appeal）， make the decision on reconsideration. If the person concerned still does not accept the decision of the reconsideration， he/she may， within 15 days immediately after receiving the decision on reconsideration， bring a suit before a people's court. If the person concerned neither appeal for reconsideration， nor bring a suit before the people's court， nor execute the decision on penalties or the decision of the reconsideration within the prescribed period of time， the department that has made the decision on penalties may apply to the people's court for enforcement.

　　Chapter VI Supplementary Provisions

　　Article 36 The right to interpret these Provisions resides in the Ministry of Communications. The Ministry of Communications may formulate the rules for implementation in accordance with these Provisions.

　　Article 37 These Provisions shall go into effect as of the date of promulgation

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