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

tations that undertake the transport of maritime international containers shall be formulated separately by the department for communications in conjunction with the department for foreign economic relations and trade under the State Council.

　　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 department for communications under the State Council for examination, verification, and consent; and shall then, in accordance with the provisions of the pertinent laws and regulations, be submitted to the department for 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 their business office, and specialized administrative personnel;

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

　　(4) to meet other conditions as stipulated by State laws 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 that have obtained the approval to handle maritime international container transport. Th

e 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.

　　Article 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 surcharge for the storage of goods and containers and the demurrage charge for the extended us

e 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.

　　Article 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 and enterprises that are engaged in port handling shall handle the hand-over operations alongside vessel through the tally companies;

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

　　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 containers 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 be taken 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,

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