Regulations on the administration of waterway transportation

first

These Regulations are formulated in order to regulate the domestic waterway transportation business behavior, maintain the domestic waterway transportation market order, ensure the domestic waterway transportation safety and promote the healthy development of the domestic waterway transportation industry.

second

Engaged in domestic waterway transportation and waterway transportation auxiliary business, shall abide by these regulations.

The domestic waterway transportation as mentioned in these Regulations (hereinafter referred to as waterway transportation) refers to the commercial passenger transportation and cargo transportation in the navigable waters under the jurisdiction of People's Republic of China (PRC).

The auxiliary business of waterway transportation as mentioned in these Regulations refers to the business activities such as ship management, shipping agency, waterway passenger transport agency and waterway cargo transport agency that directly provide services for waterway transportation.

essay

The state encourages and protects fair competition in the waterway transportation market, and prohibits monopoly and unfair competition.

The state uses economic and technical policies and other measures to support and encourage waterway transport operators to implement large-scale and intensive operations and promote the structural adjustment of waterway transport industry; Support and encourage waterway transport operators to adopt advanced and applicable waterway transport equipment and technology to ensure transport safety and promote energy conservation and emission reduction.

The state protects the legitimate rights and interests of waterway transport operators, passengers and shippers.

Article 4

The State Council transportation authorities are in charge of the national waterway transportation management.

The transportation departments of local people's governments at or above the county level shall be in charge of the management of waterway transportation within their respective administrative areas. Departments or institutions of local people's governments at or above the county level in charge of waterway transportation management (hereinafter referred to as waterway transportation management departments) shall undertake the waterway transportation management as stipulated in these Regulations.

Article 5

The operation of waterway transportation and its auxiliary business shall abide by laws and regulations, and be honest and trustworthy.

The State Council transportation department and waterway transportation management department shall supervise and manage the waterway transportation market according to law, punish the illegal business activities of waterway transportation and its auxiliary business, establish a credit management system for operators, and timely announce the supervision and inspection to the society. Waterway transport operator

Article 6 To apply for water transport business, in addition to the circumstances specified in Article 7 of these Regulations, the following conditions shall be met:

(1) Having the qualification of an enterprise legal person;

(two) there are ships in accordance with the provisions of article thirteenth of these regulations, and the capacity of their own ships is in line with the provisions of the transportation department of the State Council;

(three) there is a clear business scope, and there should be a feasible route management plan for applying for waterway passenger transport;

(4) Having maritime and maintenance management personnel suitable for the business scope and ship capacity it applies for;

(five) the proportion of the senior crew members who have directly concluded labor contracts with them to all the crew members is in line with the provisions of the the State Council Municipal Department of Transportation;

(6) Having a sound safety management system;

(seven) other conditions stipulated by laws and administrative regulations.

Article 7 Individuals may apply for the business of general cargo transportation in inland rivers.

Individuals who apply for the inland river general cargo transport business shall have their own ships that meet the requirements of Article 13 of these regulations and whose tonnage does not exceed the requirements of the the State Council Department of Transportation, and meet the conditions stipulated in Items (6) and (7) of Article 6 of these regulations.

Eighth engaged in water transport business, should be in accordance with the provisions of the the State Council Municipal Department of transportation, approved by the the State Council Municipal Department of transportation or the local people's government at or above the municipal level.

To apply for water transport business, an application form and relevant materials proving that the applicant meets the conditions stipulated in Article 6 or Article 7 of these regulations shall be submitted to the examination and approval authority as stipulated in the preceding paragraph.

The examination and approval department shall, within 30 working days from the date of accepting the application, complete the examination and make a decision on whether or not to grant permission. If the license is granted, a water transport business license shall be issued, and a ship operation license shall be issued to the ship applying for operation; If the license is not granted, it shall notify the applicant in writing and explain the reasons.

To obtain a water transport business license, it is necessary to register the water transport business license with the administrative department for industry and commerce according to law before engaging in water transport business activities.

Ninth transportation departments at all levels should do a good job in the statistics, investigation and analysis of the water transport market, and regularly publish the supply and demand situation of the water transport market.

Article 10 In order to ensure the safety of waterway transportation and maintain the fair competition order in the waterway transportation market, the competent department of transportation in the State Council may decide to suspend the license for new capacity of specific passenger and cargo liner transportation and bulk liquid dangerous goods transportation routes and waters according to the monitoring situation of the waterway transportation market.

The transport capacity control measures specified in the preceding paragraph shall conform to the principles of openness, fairness and justice, and shall be announced to the public 60 days before implementation, explaining the reasons for taking the measures and the scope and time limit for taking the measures.

Eleventh foreign enterprises, other economic organizations and individuals are not allowed to engage in water transport business, nor are they allowed to rent ships or shipping spaces of China nationality to engage in water transport business in disguise.

Enterprises, other economic organizations and individuals in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province shall apply the provisions of the preceding paragraph by reference, unless otherwise stipulated by the State Council.

Twelfth in accordance with the provisions of this Ordinance, the waterway transport operators who have obtained the license to terminate their business shall go through the formalities of cancellation of the license at the original licensing authority within 5 working days from the date of termination and return the waterway transport business license.

Thirteenth water transport operators put into operation the ship shall meet the following conditions:

(1) Adapting to the business scope of the operator;

(2) Obtaining a valid ship registration certificate and inspection certificate;

(three) in line with the requirements of the the State Council Municipal Department of transportation for the technical standards and age of the ship;

(4) Other conditions stipulated by laws and administrative regulations.

Article 14 When a new ship is put into operation, a waterway transport operator shall, on the strength of a waterway transport business license, a ship registration certificate and an inspection certificate, obtain a ship operation license from the the State Council transportation department or the waterway transport management department of the local people's government at or above the municipal level with districts.

A ship engaged in waterway transportation business shall carry a ship operation certificate with the ship.

The maritime administrative agency shall examine the ship's operation certificate when handling the ship's entry and exit visa. If a valid ship operation certificate cannot be provided, the visa shall not be applied, and the competent department of waterway transportation management of the people's government where the port is located shall be notified. After receiving the above notice, the competent department of waterway transportation management of the people's government where the port is located shall handle it within 24 hours and notify the relevant maritime administrative agency in writing.

Article 15 When the state formulates and implements new technical standards for ship types according to the needs of ensuring transportation safety, protecting water environment, saving energy and improving the utilization efficiency of navigation channels and navigation facilities, it may take financial subsidies and other measures to guide and encourage waterway transport operators to update and transform the ships that are in use but do not meet the new standards but meet the original standards and have not reached the prescribed retirement age; If it is necessary to force early scrapping, the shipowner shall be compensated. The specific measures shall be formulated by the transportation department of the State Council in conjunction with the finance department of the State Council.

Sixteenth waterway transport operators shall not use foreign ships to operate waterway transport business. However, in the case that there are no ships registered in China that can meet the transportation requirements, and the ports or waters where the ships dock are open to the outside world, with the permission of the transportation department in the State Council, the waterway transport operators may temporarily use foreign ships for transportation within the time limit or voyage specified by the transportation department in the State Council.

Ships registered in Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province shall be governed by the provisions of these Regulations on ships of foreign nationality, unless otherwise provided by the State Council. Waterway transport business activities

Seventeenth waterway transport operators shall engage in waterway transport business within the scope of business license according to law.

Article 18 Waterway transport operators shall use ships that meet the conditions stipulated in these Regulations, equip qualified crew members, and ensure that the ships are seaworthy.

Waterway transport operators shall carry passengers and cargo according to the approved passenger quota or ship load, and shall not overload or use cargo ships to carry passengers.

Article 19 Waterway transport operators shall provide safe, convenient and high-quality services for passengers and shippers in accordance with laws, administrative regulations, provisions of the State Council transportation authorities on waterway passenger and cargo transport, quality standards and contractual agreements, and ensure the safety of passenger and cargo transport.

Waterway passenger transport operators shall insure their passenger ships with carrier liability insurance or obtain corresponding financial guarantees.

Article 20 When transporting dangerous goods, waterway transport operators shall abide by the laws, administrative regulations and the provisions of the State Council transportation authorities on the transport of dangerous goods, use ships that have obtained certificates of fitness for dangerous goods according to law, and carry out stowage and transportation in accordance with the prescribed safety technical specifications to ensure transportation safety.

Twenty-first passenger liner operators shall set sail within 60 days from the date of obtaining the operating license of liner routes, and publish information such as ships, schedules, shifts and freight rates before setting sail.

Passenger liner transportation shall operate in accordance with the published schedule and frequency; Any change in schedule, frequency and freight rate shall be announced to the public before 15; Stop operating part or all of the liner routes, it shall be announced to the public 30 days ago and reported to the original licensing authority for the record.

Twenty-second cargo liner shipping operators shall announce the ships, schedules, shifts and freight rates used seven days before the liner route sails.

Liner shipping of goods shall be operated according to the published schedule and frequency; If the schedule, frequency, freight rate are changed or part or all of the liner routes are grounded, it shall be announced to the public 7 days ago.

Twenty-third waterway transport operators shall, in accordance with laws, administrative regulations and the relevant provisions of the state, give priority to the transport of materials, equipment, tools, rescue personnel and personnel endangered by emergencies, and focus on ensuring emergency and important military transportation.

In case of emergency transportation demand related to the national economy and people's livelihood, the competent transportation department of the State Council may, according to the deployment of the State Council, require waterway transport operators to give priority to the transportation of materials that need emergency transportation. Waterway transport operators shall transport in time as required.

Twenty-fourth waterway transport operators shall submit statistical data in accordance with the provisions of statistical laws and administrative regulations. Waterway transportation auxiliary business

Twenty-fifth transport ship owners and operators may entrust ship management operators to provide maritime, maintenance and management services.

Article 26 To apply for ship management business, the following conditions shall be met:

(1) Having the qualification of an enterprise legal person;

(2) Having a sound safety management system;

(3) Having maritime and maintenance management personnel suitable for the ship's capacity that it applies for management;

(4) Other conditions stipulated by laws and administrative regulations.

Twenty-seventh ship management business, should be approved by the local people's governments at or above the municipal level in charge of waterway transportation management department.

To apply for ship management business, an application form and relevant materials proving that the applicant meets the conditions stipulated in Article 26 of these Regulations shall be submitted to the department specified in the preceding paragraph.

The department accepting the application shall complete the examination within 30 working days from the date of accepting the application, and make a decision on whether or not to grant permission. If the license is granted, the ship operation license shall be issued and filed with the competent department of transportation of the State Council; If the license is not granted, it shall notify the applicant in writing and explain the reasons.

Those who have obtained the business license of ship management business shall register with the administrative department for industry and commerce according to law with the business license of ship management business before they can operate the ship management business.

Twenty-eighth ship management business operators to accept the entrustment to provide ship management services, shall conclude a written contract with the client and report the contract to the local maritime administrative agency for the record.

Ship management operators shall, in accordance with the relevant provisions of the state and the contract, perform management obligations related to ship safety and pollution prevention.

Article 29 A waterway transport operator may entrust a shipping agent, a waterway passenger transport agent and a waterway cargo transport agent to handle port business such as ship entry and exit procedures, sign transport contracts on his behalf, and handle passenger and cargo contracting business and other waterway transport agency business.

Thirtieth shipping agency, waterway passenger transport agency business operators shall, within 5 working days from the date of registration of the establishment of the enterprise, file with the competent department of waterway transport management of the municipal people's government located in the district.

Article 31 Operators of shipping agency, waterway passenger transport agency and waterway cargo transport agency business shall, in accordance with the relevant provisions of the state and contractual stipulations, conclude a written contract with the client to handle agency business, and shall not forcibly act as an agent, or handle agency business for operators who have not obtained the waterway transport business license according to law or are beyond the scope of the license.

Article 32 The provisions of Articles 12 and 17 of these Regulations shall apply to ship management operators. The provisions of Articles 11 and 24 of these Regulations shall apply to the business activities of ship management, shipping agents, waterway passenger transport agents and waterway cargo transport agents.

The transportation department in the State Council shall, in accordance with the provisions of these regulations, formulate specific measures for the administration of auxiliary business of waterway transportation. Legal liability

Article 33 Whoever engages in waterway transportation business or domestic ship business without permission or beyond the scope of permission shall be ordered by the competent department of waterway transportation management to stop business, confiscate the illegal income and impose a fine of/kloc-0 to 5 times the illegal income; If there is no illegal income or the illegal income is less than 30,000 yuan, a fine ranging from 30,000 yuan to 6.5438+0.5 million yuan will be imposed.

Article 34 Where a waterway transport operator uses a ship that has not obtained a ship operation license to engage in waterway transport, the competent department of waterway transport management shall order it to stop its operation, confiscate its illegal income, and impose a fine of more than/kloc-0 and less than 5 times its illegal income; If there is no illegal income or the illegal income is less than 20,000 yuan, a fine ranging from 20,000 yuan to 6,543,800 yuan shall be imposed.

If a ship engaged in waterway transportation business fails to carry the ship's operation certificate with it, it shall be ordered to make corrections and may be fined 1000 yuan.

Article 35 If a waterway transport operator uses a foreign ship to conduct waterway transport business without the permission of the the State Council transportation department or beyond the scope of permission, or if a foreign enterprise, other economic organization or individual rents a China ship or space to operate or operate waterway transport business in disguised form, the waterway transport management department shall order it to stop its business, confiscate its illegal income and impose a fine of not less than 1 times but not more than 5 times its illegal income; If there is no illegal income or the illegal income is less than 200,000 yuan, a fine ranging from 200,000 yuan to 6,543.8+0,000 yuan will be imposed.

Article 36 Where an administrative license prescribed in these Regulations is obtained by deception or bribery, the original licensing authority shall revoke the license and impose a fine of 20,000 yuan to 200,000 yuan; Illegal income, confiscate the illegal income; The State Council transportation department or waterway transportation management department shall not accept its license application within 3 years from the date of revocation of the license.

Article 37 Where an administrative license stipulated in these Regulations is leased, lent, resold or illegally transferred by other means, the competent department of waterway transportation shall order it to make corrections, confiscate its illegal income, and impose a fine of more than/kloc-0 and less than 5 times its illegal income; If there is no illegal income or the illegal income is less than 30,000 yuan, a fine ranging from 30,000 yuan to 6.5438+0.5 million yuan shall be imposed; If the circumstances are serious, the original licensing authority shall revoke the corresponding license.

Whoever forges, alters or alters the administrative license certificate as stipulated in these Regulations shall be confiscated by the competent department of waterway transportation management, and shall be fined not less than 30,000 yuan but not more than 6.5438+0.5 million yuan; If there are illegal gains, the illegal gains shall be confiscated.

Thirty-eighth waterway transport operators in any of the following circumstances, shall be punished by the maritime administrative agency according to law:

(1) Failing to equip the crew or make the ship seaworthy as required;

(2) Carrying passengers or cargo in excess of the approved passenger quota or approved load capacity of the ship;

(three) the use of cargo ships to carry passengers;

(four) the use of ships that have not obtained the certificate of fitness for dangerous goods to transport dangerous goods.

Article 39 If a waterway passenger transport operator fails to insure the passenger ship it operates with carrier liability insurance or fails to obtain the corresponding financial guarantee, the department responsible for waterway transport management shall order it to make corrections within a time limit and impose a fine of 20,000 yuan to 6,543,800 yuan; If no correction is made within the time limit, the original licensing authority shall revoke the ship operation license of the passenger ship.

Article 40 If a liner shipping operator fails to announce the ship, schedule, frequency, freight rate or its change information to the public in advance, the waterway transportation management department shall order it to make corrections and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.

Forty-first passenger liner operators have not set sail within 60 days from the date of obtaining the liner shipping business license, and the waterway transportation management department shall order them to make corrections; If it refuses to make corrections, its business license shall be revoked by the original licensing authority.

Forty-second waterway transportation and ship management business operators, after obtaining the license, no longer meet the licensing conditions stipulated in these regulations, shall be ordered by the department responsible for waterway transportation management to make corrections within a time limit; If the rectification is still unqualified within the prescribed time limit, its business license shall be revoked by the original licensing authority.

Article 43 Any state functionary who abuses his power, neglects his duty, engages in malpractices for selfish ends and fails to perform his duties according to law shall be punished according to law.

Forty-fourth in violation of the provisions of this Ordinance, which constitutes a violation of public security management, shall be given administrative penalties for public security; If a crime is constituted, criminal responsibility shall be investigated according to law. supplementary terms

Article 45 Measures for the administration of passenger ships and township passenger ferries with less than 12 passengers shall be formulated separately by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 46 These Regulations shall come into force as of 20 13 1+0. 1987 May 12 The Regulations on Waterway Transportation in People's Republic of China (PRC) promulgated by the State Council shall be abolished at the same time.