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Domestic Water Transport Auxiliary Industry Management Regulations
Chapter 1 General Provisions Article 1 In order to regulate domestic waterway transportation auxiliary business operations, maintain the order of the waterway transportation market, and promote the healthy development of waterway transportation, these regulations are formulated in accordance with the "Domestic Waterway Transportation Management Regulations". Article 2 These regulations shall apply to the management of domestic waterway transportation auxiliary services.
The term "waterway transportation auxiliary business" as mentioned in these regulations includes ship management, ship agency, waterway passenger transportation agency, waterway cargo transportation agency and other waterway transportation auxiliary business operations. Article 3 The Ministry of Transport is responsible for the management of auxiliary waterway transportation services nationwide.
The transportation department of the people's government at or above the county level is responsible for the management of auxiliary water transportation services within its own administrative region. The departments or institutions responsible for waterway transportation management of the people's governments at or above the county level (hereinafter collectively referred to as the waterway transportation management departments) implement the specific management of auxiliary waterway transportation services. Article 4 When operating auxiliary waterway transportation businesses, operations must be conducted in compliance with the law, fair competition, and honesty and trustworthiness. Chapter 2 Water Transport Auxiliary Business Operators Article 5 To apply for operating ship management business, the applicant shall meet the following conditions:
(1) Have enterprise legal person qualifications;
(2) Have maritime and aircraft management personnel who meet the requirements of these regulations;
(3) Have a sound safety management organization and safety management personnel establishment system, safety management responsibility system, safety supervision and inspection system, and accident emergency response system , job safety operating procedures and other safety management systems, as well as ship safety and pollution prevention management systems suitable for the type of ship it applies to manage;
(4) Other conditions stipulated by laws and administrative regulations. Article 6 A ship management business operator shall be equipped with full-time maritime and mechanical management personnel who meet the following requirements:
(1) A ship management business operator shall be equipped with at least one maritime and mechanical management personnel, The specific quantity of equipment shall comply with the requirements stipulated in the appendix;
(2) The professional qualifications of maritime and aircraft management personnel are consistent with their business scope, and they have captains, captains, and crew members corresponding to the types of ships and navigation areas they manage. The professional qualifications of the chief engineer;
(3) The business knowledge and management capabilities of maritime and maintenance management personnel such as ship safety management, ship equipment management, navigation support, and emergency response are consistent with their business scope, Physical condition appropriate to the requirements of their duties. Article 7 To apply for operating ship management business or changing the scope of ship management business, an application form and relevant materials proving that the applicant meets the requirements of these regulations shall be submitted to the water transport management department of the people's government of the districted municipality where the applicant is located. Article 8 After receiving an application, the water transport management department of the people's government of a districted city shall verify or require the applicant to supplement or correct materials in accordance with the law. And within 5 working days from the date of acceptance of the application, preliminary review opinions will be submitted and all application materials will be forwarded to the water transport management department of the provincial people's government.
The water transport management department of the provincial people's government shall examine the business qualifications of the applicant in accordance with the law. If the conditions are met, a licensing decision shall be made within 20 working days and a "Domestic Ship Management Business License" shall be issued to the applicant; if the conditions are not met, the license shall not be granted and the applicant shall be notified in writing of the reasons for not granting the license.
The "Domestic Ship Management Business License" should be issued through the National Waterway Transportation Management Information System, and the online processing of administrative licenses should be gradually implemented. Article 9 The "Domestic Ship Management Business License" is valid for 5 years. Ship management business operators shall submit an application for certificate renewal to the original licensing authority within 30 days before the validity period of the certificate expires. The original licensing authority shall conduct an examination in accordance with these regulations and, if the conditions are met, renew the license. Article 10 After the following circumstances occur, the ship management business operator shall file a record with the original licensing authority in writing within 15 working days and provide relevant supporting materials:
(1) Legal representative or major shareholder Changes;
(2) Changes in fixed office space;
(3) Changes in maritime and aircraft management personnel;
(4) Management A major or greater safety accident occurs to a ship;
(5) The ship under management or the entrusted management agreement changes. Article 11 If a ship management business operator terminates its operations, it shall go through the cancellation procedures with the original licensing authority and return the license document within 15 working days from the date of termination of operations.
Article 12 Anyone engaged in the business of ship agency, waterway passenger transport agency, or waterway cargo transport agency shall, within 15 working days from the date of approval of establishment registration by the industrial and commercial administration department, report to the waterway transportation management department of the people's government of the districted municipality where it is located. The department shall handle the registration formalities and submit the following materials:
(1) Registration application form;
(2) Copy of "Enterprise Legal Person Business License";
(3) Documents proving the identity of the legal representative.
The water transport management department of the people's government at the districted municipal level shall establish files and promptly announce the filing status to the public. Article 13 If the name, fixed office and contact information, legal representative, business scope and other matters of an operator engaged in ship agency, waterway passenger transport agency or waterway cargo transport agency business are changed or the business is terminated, the business operator shall not change or terminate the business. Changes should be filed within 15 working days from the date of operation.
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