Administrative Regulations of the People's Republic of China on Water Transportation
Administrative Regulations of the People's Republic of China on Water Transportation
Administrative Regulations of the People's Republic of China on Water Transportation
Order of State Council No.237
December 3, 1997
(Promulgated by the State Council on May 12, 1987,revised by Decision of the State Council on the Revision of the Administrative Regulations of the People's Republic of China on Waterway Freight on December 3rd, 1997)
Contents
Chapter I General Provisions
Chapter II Administration Of Profit-Making Water Transport
Chapter III Penalty Provisions
Chapter IV Supplementary Provisions
Chapter I General Provisions
Article 1 These Regulations are formulated with a view to improve administration of water transport, maintain transportation order, and raise transportation efficiency.
Article 2 These Regulations shall apply to all units and individuals that are engaged in water transport and the related services in the coastal waters, rivers, lakes and other navigable waters in the People's Republic of China.
Article 3 Water transport in categorized into profit- making transport and non-profit-making transport. The term of profit-making transport refers to passenger transport (including tourist transport, the same hereafter) and freight transport which serve the society and involve setting accounts of fees.
The term of non-profit-making transport refers to transport which serves the units and individuals themselves and do not involve settling accounts of fees.
Article 4 The Ministry of Communications shall be the competent department responsible for water transport throughout the country, Local competent departments for communications shall be responsible for the water transport in their respective regions.
Local competent departments for communications may set up administrative agencies for water transport according to actual conditions of water transport administration.
Article 5 The principle of multiple operation and management of water transport by various regions, trades and departments shall be implemented under the guidance of state plans. Legitimate competition shall be protected and illegal operation checked.
Article 6 The units and individuals who are engaged in water transport and the related services must observe the relevant laws and regulations of the state as well as the rules concerning water transport promulgated by the Ministry of Communications.
Article 7 Before permission is obtained from the Ministry of Communications of the People's Republic of China, foreign-capital enterprises, Chinese-foreign equity joint ventures and Chinese-foreign contractual joint ventures shall not engage in the operation and management of water transport in the coastal waters, rivers, lakes and other navigable waters in the People's Republic of China.
Chapter II Administration Of Profit-Making Water Transport
Article 8 The establishment of water transport enterprises and enterprises for the related services and the engagement in profit-making water transport by units and individuals other than water transport enterprises shall be examined and approved by the competent departments for communications according to the relevant provisions of these Regulations and based on the overall balancing conditions of the society's transportation capacity and freight volume.
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