Administrative Regulations on Domestic Waterway Transport (Revised in 2023)
Administrative Regulations on Domestic Waterway Transport (Revised in 2023)
Administrative Regulations on Domestic Waterway Transport (Revised in 2023)
Order of the State Council of the People's Republic of China No. 764
July 20, 2023
(Promulgated by the Order of the State Council of the People's Republic of China No. 625 on October 13, 2012; revised for the first time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; revised for the second time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on March 1, 2017; and revised for the third time in accordance with the Decision of the State Council on Revising and Repealing Some Administrative Regulations on July 20, 2023)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purposes of regulating domestic water transport operation activities, maintaining the order in domestic water transport market, guaranteeing the safety in domestic water transport and promoting the healthy development of domestic water transport industry.
Article 2 Anyone that engages in the domestic water transport and auxiliary businesses for water transport shall comply with these Regulations.
For the purpose of these Regulations, the term domestic water transport (hereinafter referred to as water transport) refers to operational passenger transport and goods transport with ports of departure, ports of call and ports of destination located in navigable waters governed by the People's Republic of China.
For the purpose of these Regulations, the term auxiliary businesses for water transport shall refer to operational activities directly providing service for water transport, such as ship management, ship agency, water passenger transport agency and water goods transport agency, etc.
Article 3 The State encourages and protects the fair competition in water transport market, and prohibits monopoly and unfair competition activities.
The State adopts economic and technological policies and other measures to support and encourage water transport operators to realize large-scale and intensive operation, and to promote structure adjustment in water transport industry; supports and encourages water transport operators to adopt advanced and applicable water transport facilities and technologies so as to ensure the safety of transport, promote the energy conservation and emission reduction of pollutants.
The State protects the lawful rights and interests of water transport operators, passengers and goods owners.
Article 4 The competent transport authority under the State Council shall be responsible for administration of water transport nationwide.
Transport authorities of the local people's governments the county level and above shall be responsible for administration of local water transport within the administrative region. Departments or agencies of local people's governments above the county level in charge of administration of water transport (hereinafter collectively referred to as departments in charge of water transport administration) shall assume work of water transport administration specified herein.
Article 5 Anyone that engages in water transport and its auxiliary businesses shall comply with the laws and regulations, and be credible and honest.
The transport authority under the State Council and departments in charge of water transport administration shall conduct supervision and administration of water transport market in accordance with the law. They shall render punishments on illegal operation activities in water transport and its auxiliary businesses, establish the integrity management system and promptly announce supervision and inspection information to the public.
Chapter II Water Transport Operators
Article 6 In the application for operating water transport business, the applicant shall meet the following conditions in addition to circumstances specified in Article 7 hereof:
1. It shall obtain corporate capacity;
2. It shall have vessels meeting the provisions of Article 13 hereof and its own vessels' capacity shall satisfy the provisions specified by the transport authority under the State Council;
3. It shall have a definite business scope, and if it applies for operating water passenger liner transport, it shall have a feasible route operating plan in addition;
4. It shall have maritime and engineering management staff in line with the business scope it applies for and vessel capacity;
5. The percentage of senior crewmen, who conclude employment contracts directly with it, to its entire crewman shall meet the provisions specified by the competent transport authority under the State Council;
6. It shall have sound safety management bylaws; and
7. It shall meet other conditions specified by laws and administrative regulations.
Article 7 Individuals are entitled to apply for operation of inland-river ordinary goods transport business.
Any individual applying for operation of inland-river ordinary goods transport business shall satisfy the provisions specified in Article 13 hereof and tonnage of their vessel may not exceed that of a self-possessed vessel prescribed by the competent transport authority under the State Council, and they shall satisfy the conditions specified in items (6) and (7) of Article 6 hereof.
Article 8 To operate water transport businesses, it shall be subject to approval by the competent transport authority under the State Council and water transport departments of local people's governments over the prefectural level in accordance with the provisions of the transport authority under the State Council.
In the application for operation of water transport businesses, applicants shall submit the application forms and relevant materials to the approval authorities stipulated in the preceding paragraph showing that they satisfy the conditions specified in Articles 6 and 7 hereof.
The approval authority shall complete the examination within 30 working days upon acceptance of the application, and render decisions on approval or non-approval.
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Order of the State Council of the People's Republic of China No. 764
July 20, 2023
(Promulgated by the Order of the State Council of the People's Republic of China No. 625 on October 13, 2012; revised for the first time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; revised for the second time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on March 1, 2017; and revised for the third time in accordance with the Decision of the State Council on Revising and Repealing Some Administrative Regulations on July 20, 2023)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purposes of regulating domestic water transport operation activities, maintaining the order in domestic water transport market, guaranteeing the safety in domestic water transport and promoting the healthy development of domestic water transport industry.
Article 2 Anyone that engages in the domestic water transport and auxiliary businesses for water transport shall comply with these Regulations.
For the purpose of these Regulations, the term domestic water transport (hereinafter referred to as water transport) refers to operational passenger transport and goods transport with ports of departure, ports of call and ports of destination located in navigable waters governed by the People's Republic of China.
For the purpose of these Regulations, the term auxiliary businesses for water transport shall refer to operational activities directly providing service for water transport, such as ship management, ship agency, water passenger transport agency and water goods transport agency, etc.
Article 3 The State encourages and protects the fair competition in water transport market, and prohibits monopoly and unfair competition activities.
The State adopts economic and technological policies and other measures to support and encourage water transport operators to realize large-scale and intensive operation, and to promote structure adjustment in water transport industry; supports and encourages water transport operators to adopt advanced and applicable water transport facilities and technologies so as to ensure the safety of transport, promote the energy conservation and emission reduction of pollutants.
The State protects the lawful rights and interests of water transport operators, passengers and goods owners.
Article 4 The competent transport authority under the State Council shall be responsible for administration of water transport nationwide.
Transport authorities of the local people's governments the county level and above shall be responsible for administration of local water transport within the administrative region. Departments or agencies of local people's governments above the county level in charge of administration of water transport (hereinafter collectively referred to as departments in charge of water transport administration) shall assume work of water transport administration specified herein.
Article 5 Anyone that engages in water transport and its auxiliary businesses shall comply with the laws and regulations, and be credible and honest.
The transport authority under the State Council and departments in charge of water transport administration shall conduct supervision and administration of water transport market in accordance with the law. They shall render punishments on illegal operation activities in water transport and its auxiliary businesses, establish the integrity management system and promptly announce supervision and inspection information to the public.
Chapter II Water Transport Operators
Article 6 In the application for operating water transport business, the applicant shall meet the following conditions in addition to circumstances specified in Article 7 hereof:
1. It shall obtain corporate capacity;
2. It shall have vessels meeting the provisions of Article 13 hereof and its own vessels' capacity shall satisfy the provisions specified by the transport authority under the State Council;
3. It shall have a definite business scope, and if it applies for operating water passenger liner transport, it shall have a feasible route operating plan in addition;
4. It shall have maritime and engineering management staff in line with the business scope it applies for and vessel capacity;
5. The percentage of senior crewmen, who conclude employment contracts directly with it, to its entire crewman shall meet the provisions specified by the competent transport authority under the State Council;
6. It shall have sound safety management bylaws; and
7. It shall meet other conditions specified by laws and administrative regulations.
Article 7 Individuals are entitled to apply for operation of inland-river ordinary goods transport business.
Any individual applying for operation of inland-river ordinary goods transport business shall satisfy the provisions specified in Article 13 hereof and tonnage of their vessel may not exceed that of a self-possessed vessel prescribed by the competent transport authority under the State Council, and they shall satisfy the conditions specified in items (6) and (7) of Article 6 hereof.
Article 8 To operate water transport businesses, it shall be subject to approval by the competent transport authority under the State Council and water transport departments of local people's governments over the prefectural level in accordance with the provisions of the transport authority under the State Council.
In the application for operation of water transport businesses, applicants shall submit the application forms and relevant materials to the approval authorities stipulated in the preceding paragraph showing that they satisfy the conditions specified in Articles 6 and 7 hereof.
The approval authority shall complete the examination within 30 working days upon acceptance of the application, and render decisions on approval or non-approval.
......