国务院关于修改《中华人民共和国海上国际集装箱运输管理规定》的决定 Decision of the State Council Regarding Amending the Provisions of

国务院令第243号
(Promulgated by Decree No. 243 of the State Council of the People's Republic of China on April 18, 1998)
颁布日期：19980418 　实施日期：19980418 　颁布单位：国务院

　　The State Council has decided to amend the Provisions of the People's Republic of China on the Administration of Maritime International Container Transport as follows:

　　1. Article 2 is amended as: "These Provisions shall be applicable to units and individuals that are engaged in maritime international container transport, and also to units and individuals that are involved in the operations of maritime international container transport.

　　"The "maritime international container transport" refers to the maritime transport of containers between ports of the People's Republic of China and ports of foreign countries, including the sections of transport between ports of the People's Republic of China that belong to a whole voyage agreed upon in a contract for maritime international container transport."

　　2. Two new paragraphs are added to Article 6 separately as its second and third paragraphs: "The regular shipping services for maritime international container transport is subject to the approval of the department for communications under the State Council.

　　"No foreign enterprise may be permitted to be engaged in the regular shipping services for maritime container transport between ports of the People's Republic of China."

　　3. Article 31 is deleted and a new article added as Article 31: "The competent department for communications at or above the county level should make an investigation in a thorough, objective and impartial manner into those acts subject to administrative sanctions for violation of these Provisions, and should collect relevant evidence. When necessary, they may consult shipping documents, financial statements and other relevant materials of the enterprises under investigation.

　　"Units and individuals concerned should take concerted actions during investigation by the competent department for communications at or above the county level and should truthfully provide relevant materials. The competent department for communications at or above the county level should keep business secrets for investigated enterprises."

　　4. Article 32 is amended as: "With respect to those who have violated these Provisions and the relevant laws and regulations of the State on price control at the same time, they shall be penalized by the department for price control in accordance with the provisions of relevant laws and regulations."

　　5. Article 33 is amended as: "With respect to those who, in violation of provisions of Articles 14 and 21 in these Provisions, fail to use the prescribed container shipping documents, or fail to submit statistical statements on container transport, or untruthfully submit statistical statements on container transport, the competent department for communications at or above the county level shall order them to make corrections; if they refuse to do so, a fine of not more than RMB 5,000 yuan shall be imposed."

　　6. Article 34 is amended as: "With respect to those who have committed any of the following acts in violation of these Provisions, the competent department for communications at or above the county level shall order them to make corrections. If they refuse to do so, the illegal gains shall be confiscated and a fine of not less than the amount of the illegal gains and not more than three times of the amount of the illegal gains imposed. If there are no illegal gains, a fine shall be imposed according to the following provisions:

　　(1) In case that they are engaged in the operations of maritime international container transport, or port handling, or services of transshipment stations or freight stations without approval, they shall be fined not less than RMB 30,000 yuan and not more than RMB 300,000 yuan.

　　(2) In c

ase that they are engaged in the regular shipping services for maritime international container transport, if the regular shipping services for container transport occur in the sections of transport between internal ports, they shall be fined not less than RMB 30,000 yuan and not more than RMB 300,000 yuan; if the regular shipping services for offshore international container transport occur, they shall be fined not less than RMB 50,000 yuan and not more than RMB 500,000 yuan; if the regular shipping services for oceangoing international container transport occur, they shall be fined not less than RMB 500,000 yuan and not more than RMB 5,000,000 yuan.

　　"If the provisions of the preceding paragraph have been violated with serious circumstances, the administrative department for industry and commerce shall revoke the business licences of the offenders."

　　7. Articles 35 and 36 are deleted.

　　This Decision shall come into force as of the date of promulgation.

　　Besides, wording in part of articles and the order of articles shall be correspondingly adjusted and changed.

　　The Provisions of the People's Republic of China on the Administration of Maritime International Container Transport shall be republished after being correspondingly revised according to this Decision.

　　APPENDIX: PROVISIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE ADMINISTRATION OF MARITIME INTERNATIONAL CONTAINER TRANSPORT (Promulgated by Decree No. 68 of the State Council of the People's Republic of China on December 5, 1990, and revised according to the Decision of the State Council Regarding Amending the Provisions of the People's Republic of China on the Administration of Maritime International Container Transport, promulgated on April 18, 1998)

　　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 be applicable to units and individuals that are engaged in maritime international container transport, and also to units and individuals that are involved in the operations of maritime international container transport.

　　The "maritime international container transport" refers to the maritime transport of containers between ports of the People's Republic of China and ports of foreign countries, including the sections of transport between ports of the People's Republic of China that belong to a whole voyage agreed upon in a contract for maritime international container transport.

　　Article 3 The department for communications under the State Council 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 International Container Transport and Their Routes for Regular Services

　　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 enterprises that 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 compet

ent departments for communications of the provinces, autonomous regions, or municipalities directly under the Central Government for examination and verification, and then to the department for communications under the State Council for examination and approval.

　　The regular shipping services for maritime international container transport is subject to the approval of the department for communications under the State Council.

　　No foreign enterprise may be permitted to be engaged in the regular shipping services for maritime container transport between ports of the People's Republic of China.

　　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, autonomous regions, or municipalities directly under the Central Government for examination and approval, and then to the department for communications under the State Council 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 department for communications under the State Council for the record.

　　The procedures for the examination and approval of the applications from the sector of foreign economic relations and trade for the establishment of new transshipment stations and freight s

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