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

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 s

hippers 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 or 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 of compensation shall be limited to no more than 180 days, beginning from the day when container goods are handed over, unless otherwise provided by law.

　　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 or of the goods proper and the containers, or of other goods and containers, the consignors shall bear the liabilities for the consequences arising therefrom.

　　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 therefrom.

　　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.

　　In case 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 Penalties

　　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.

　　Article 32 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.

　　Article 33 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.

　　Article 34 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 case 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.

　　Chapter VI Supplementary Provisions

　　Article 35 These Provisions shall go into effect as of the date of promulgation

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