(20141.3 issued by the Ministry of Transport; According to the Decision on Amending the Provisions on the Administration of Domestic Waterway Transportation issued by the Ministry of Transport of the People's Republic of China on 20 12.
Chapter I General Principles
Article 1 In order to standardize the management of domestic waterway transportation market, safeguard the legitimate rights and interests of all parties involved in waterway transportation business activities and promote the healthy development of waterway transportation, these Provisions are formulated in accordance with the Regulations on the Administration of Domestic Waterway Transportation.
Article 2 These Provisions shall apply to the administration of domestic waterway transportation.
The term "waterway transportation" as mentioned in these Provisions refers to the commercial passenger transportation and cargo transportation carried out by ships in the navigable waters under the jurisdiction of People's Republic of China (PRC).
Article 3 Waterway transportation is divided into coastal transportation and inland transportation according to business areas, and cargo transportation and passenger transportation according to business types.
Cargo transportation is divided into general cargo transportation and dangerous cargo transportation. Dangerous goods transportation is divided into packaging, bulk solid and bulk liquid dangerous goods transportation. The transportation of bulk liquid dangerous goods includes liquefied gas transportation, chemical transportation, refined oil transportation and crude oil transportation. General cargo transportation includes towing.
Passenger transport includes ordinary passenger transport, passenger and freight transport and ro-ro passenger transport.
Article 4 The Ministry of Transport shall be in charge of the national waterway transportation management, and implement relevant waterway transportation management in accordance with these Provisions.
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. The departments or institutions of local people's governments at or above the county level responsible for waterway transportation management (hereinafter referred to as waterway transportation management departments) shall specifically implement waterway transportation management.
Chapter II Waterway Transport Operators
Article 5 To apply for the waterway transportation business, in addition to the individual application for the inland river general cargo transportation business, the following conditions shall be met:
(1) Having the qualification of an enterprise legal person.
(2) Having a clear business scope, including business areas and business types. Operators of waterway passenger liner shipping business shall also have feasible route operation plans such as scheduled stops, shifts and dock arrangements.
(3) There are ships that meet the requirements of these Provisions, and the capacity of their own ships shall meet the requirements of Annex 1.
(4) Having maritime and maintenance management personnel who meet the requirements of these Provisions.
(five) there are people who meet the requirements of these provisions and sign labor contracts directly with them.
(six) a sound safety management system, such as the establishment system of safety management institutions and safety management personnel, safety management responsibility system, safety supervision and inspection system, accident emergency handling system, post safety operation procedures, etc.
Article 6 An individual can only apply for the inland river general cargo transportation business, and shall meet the following conditions:
(1) Individual industrial and commercial households registered by the administrative department for industry and commerce;
(two) there are ships that meet the requirements of these provisions, and the capacity of their own ships does not exceed 600 gross tons;
(three) there are safety management responsibility system, safety supervision and inspection system, accident emergency disposal system, post safety operation procedures and other safety management systems.
Article 7 A ship put into operation by a waterway transport operator shall meet the following conditions:
(a) to adapt to the business scope of waterway transport operators. Engaged in passenger transport, should use ordinary passenger ships, passenger and cargo ships and ro-ro passenger ships (collectively referred to as passenger ships) transport; Engaged in the transport of bulk liquid dangerous goods, liquefied gas carriers, chemical carriers, refined oil carriers and crude oil carriers (collectively referred to as dangerous goods carriers) shall be used for transport; Engaged in the transport of ordinary goods, packaged dangerous goods and bulk solid dangerous goods, you can use ordinary cargo ships to transport.
(2) Holding valid ship ownership registration certificate, ship nationality certificate, ship inspection certificate and other certificates that prove that the ship meets the requirements of safety, pollution prevention and classified inspection according to relevant laws and administrative regulations.
(3) Meeting the requirements of the Ministry of Transport on ship technical standards, ship age, energy conservation and emission reduction.
Eighth in addition to individual industrial and commercial households, waterway transport operators shall be equipped with full-time maritime and maintenance management personnel who meet the following requirements:
(1) The number of maritime and maintenance management personnel meets the requirements of Annex 2;
(two) the qualifications of maritime and maintenance management personnel are suitable for their business scope:
1. Those engaged in general cargo transportation shall have professional qualifications not less than those of the first mate and the second engineer;
2. Those engaged in the transport of passenger ships and dangerous goods ships shall have the qualifications of captain and chief engineer.
(three) maritime and maintenance management personnel have professional knowledge and management ability that are suitable for their business scope, and their physical conditions are suitable for their duties.
Ninth in addition to individual industrial and commercial households, among the senior crew members that waterway transport operators should be equipped in accordance with the relevant provisions, the proportion of senior crew members who have directly signed labor contracts for more than one year shall meet the following requirements:
(a) the proportion of senior crew engaged in general cargo transportation is not less than 25%;
(2) The proportion of senior crew members of passenger ships and dangerous goods ships shall not be less than 50%.
Article 10 The Ministry of Transport shall specifically implement the following water transport business licenses:
(1) Business licenses for inter-provincial passenger ship transportation and inter-provincial dangerous goods ship transportation;
(two) the business license of the water transport enterprise and its holding company that the state-owned assets supervision and administration institution of the State Council performs the responsibilities of the investor.
The waterway transportation management department of the provincial people's government specifically implements the business license for inter-provincial general cargo ship transportation. The specific authority of the provincial waterway transportation business license shall be decided by the transportation department of the provincial people's government and announced to the public. However, the business license for individuals to engage in inter-provincial and intra-provincial transportation of inland general goods shall be specifically implemented by the waterway transportation management department of the Municipal People's Government with districts.
Eleventh to apply for waterway transportation business or change the scope of waterway transportation business, it shall submit an application form and relevant materials to prove that the applicant meets the requirements of these Provisions to the waterway transportation management department of the municipal people's government located in the district.
Article 12 Where the administrative department of waterway transportation that accepts the application does not meet the licensing requirements, it shall, after verifying the consistency of the original and photocopy of the application materials on the spot, put forward the preliminary examination opinions within 5 working days, and hand over all the application materials to the department with licensing conditions.
Article 13 The department with licensing authority shall, within 20 working days, make a licensing decision for those who meet the requirements, issue a domestic waterway transportation business license to the applicant, and issue a ship transportation license to the ships it operates. Where an applicant applies for operating the waterway passenger liner service, it shall also issue a liner route operation license to the applicant. If it does not meet the requirements, the license shall not be granted, and the applicant shall be informed in writing of the reasons for not granting the license.
"Domestic Waterway Transport Business License" and "Ship Business Transport Certificate" shall be issued through the national water transport management information system, and the administrative license shall be gradually handled online.
Fourteenth waterway transport operators in addition to buying or leasing ships that have obtained the corresponding waterway transport qualifications, they should also apply to the licensing department for increasing the capacity of passenger ships and dangerous goods ships through the waterway transport management department of the municipal people's government located in the district.
The licensing department shall review the application for new capacity according to the supply and demand of capacity. According to the demand and supply of transportation capacity, when it is necessary to limit the number of new transportation capacity, the licensing decision shall be made on the basis of comprehensive consideration of the operator's business scale, management level, safety record and integrity management record.
The waterway transport operators who want to increase the capacity of ordinary cargo ships shall file with the waterway transport management department of the municipal people's government with districts within 15 working days after the ship starts.
Article 15 The Ministry of Transport may decide to suspend the passenger liner transportation on specific routes and waters and increase the capacity license for bulk liquid dangerous goods transportation under the circumstances that the supply of transportation capacity exceeds demand, which may affect fair competition and the safety of waterway transportation.
During the suspension period of the license for new capacity, no application for new capacity within the suspension range shall be made, and no ship business transport certificate shall be issued for the ship applying for operation, except for the ship that has obtained the approval for new capacity and started construction, purchase or bareboat before the suspension decision takes effect.
Article 16 The Ministry of Transport shall monitor the water transport market, analyze the water transport market capacity, and publish the monitoring results regularly.
The decision to suspend the license of specific passenger liner transportation, bulk liquid dangerous goods transportation routes and new water capacity shall be made according to the monitoring and analysis results of the waterway transportation market.
The capacity control measures to suspend the new capacity license 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.
Seventeenth "domestic waterway transportation business license" is valid for 5 years. The validity period of the ship's business transportation certificate shall be determined in accordance with the relevant provisions of the Ministry of Transport. Waterway transport operators shall, within 30 days before the expiration of the validity period of the certificate, apply to the original licensing authority for replacement. The original licensing authority shall conduct an examination in accordance with these provisions, and if it meets the requirements, it shall be renewed.
Article 18 In case of any of the following circumstances, the waterway transport operator shall file a written record with the original licensing authority within 15 working days, and provide relevant certification materials:
(1) Change of legal representative or major shareholder;
(2) The fixed office space has changed;
(three) the maritime and maintenance management personnel have changed;
(four) the proportion of senior crew members who have directly entered into a labor contract for more than one year has changed;
(five) a major safety accident occurred on the ship;
(6) Entrusting the ship management enterprise to change or entrusting the management agreement to change.
Nineteenth waterway transport operators to terminate the business, it shall, within 05 working days from the date of termination, go through the cancellation procedures with the original licensing authority and return the license.
Where a ship that has obtained a ship business transport certificate is scrapped, transferred or changed its operator, it shall go through the cancellation and change procedures of the ship business transport certificate at the original licensing authority within 15 working days from the date of the above-mentioned situation.
Chapter III Operation Behavior of Waterway Transportation
Twentieth waterway transport operators should maintain the corresponding business qualifications, and engage in waterway transport business activities in accordance with the business scope approved by the domestic waterway transport business license.
Water transport operators and ships that have obtained the qualification of inter-provincial water transport can engage in the corresponding types of inter-provincial water transport with the qualification of inter-provincial water transport, except passenger liner transport.
Waterway transport operators and ships that have obtained the qualification of coastal waterway transport can engage in corresponding types of inland river transport with the qualification of coastal waterway transport, provided that the navigation conditions are met.
Twenty-first waterway transport operators shall not lease or lend the waterway transport business license, or illegally transfer the waterway transport business qualification in other forms.
Twenty-second ships engaged in waterway transportation shall carry the ship's business transportation certificate with them, and shall not be transferred, leased, lent or altered. If the ship's business transportation certificate is lost or damaged, it shall apply to the original issuing authority for a replacement in time.
Twenty-third waterway transport operators shall engage in the transport of passengers and goods in accordance with the passenger quota, freight quota and business scope indicated on the ship's business transport certificate, and shall not be overloaded.
When waterway transport operators use passenger and cargo ships or ro-ro ships to transport dangerous goods, they shall not transport passengers except those who escort the goods with the ship and the drivers of ro-ro ships in accordance with relevant regulations.
Twenty-fourth waterway transport operators shall not arbitrarily modify passenger ships and dangerous goods ships to increase the passenger quota and cargo quota or change the types engaged in the transport of bulk liquid dangerous goods.
Twenty-fifth waterway transport operators should use standardized passenger tickets and transport documents that comply with relevant laws and regulations and the provisions of the Ministry of Transport.
Twenty-sixth waterway passenger transport operators should refuse to carry dangerous goods and other prohibited items stipulated by the state. After the ship sails, it is found that passengers are carrying dangerous goods and other prohibited items, which should be properly handled and the passengers should cooperate.
Article 27 The operators of waterway passenger liner shipping business shall set sail within 60 days from the date of obtaining the operating license of liner routes, and announce the ship, schedule, frequency, fare and other information to the public through the media and the obvious position of the passenger stations on the docked routes before 15, and report to the original licensing authority for the record.
Passenger ships shall operate according to the published timetable and frequency. If the schedule, frequency and fare are changed, the waterway passenger liner shipping operator shall make an announcement to the public before the change and report it to the original licensing authority for the record. If the operation of some or all liner routes is stopped, the operator shall make an announcement to the public 30 days before the operation is stopped and report it to the original licensing authority for the record.
Twenty-eighth waterway cargo liner operators shall, seven days before the departure of liner routes, announce to the public the ships used, schedules, shifts and freight rates, and report them to the original licensing authority for the record.
Liner shipping of goods shall be operated according to the published schedule and frequency; Where the schedule, frequency and freight rate are changed or the operation of some or all liner routes is stopped, the operators of waterway cargo liner transportation business shall make an announcement to the public seven days before the change or suspension of operation, and report to the original licensing authority for the record.
Article 29 Waterway passenger transport operators shall sell passenger tickets according to the published fares, and shall not impose different fares on passengers with the same conditions, and shall not change the published fares in disguise and obtain illegitimate interests by improper means such as tying, cashback and fare increase, and shall not arrange passengers to be lower than the class or seat level specified in the passenger tickets.
Thirtieth waterway transport operators engaged in waterway transport business activities, should operate in accordance with the law, honest and trustworthy, prohibit unreasonable freight rates or other improper ways, irregular behavior to compete for customers, goods and provide transport services.
In order to attract passengers to release information, waterway passenger transport operators must be true and accurate, and shall not make false propaganda to mislead passengers. Personal information of passengers known in business activities shall be kept confidential.
Thirty-first waterway passenger transport operators shall explain or warn passengers of the following matters in transport services in an express way:
(a) a group unsuitable for passenger ships;
(two) the correct use of related facilities and equipment;
(3) Necessary safety precautions and emergency measures;
(4) Business premises, facilities and equipment that are not open to passengers;
(5) Other circumstances that may endanger the personal and property safety of passengers.
Thirty-second waterway transport operators shall, in accordance with laws, administrative regulations and relevant provisions of the state, give priority to the transport of materials, equipment, tools, rescue personnel and personnel injured by emergencies, and focus on ensuring emergency and important military transportation.
Waterway transport operators shall obey the unified organization and coordination of the transportation departments on the emergency transportation of materials related to the national economy and people's livelihood, and give priority to timely transportation as required.
Waterway transport operators shall, in accordance with the requirements of the competent department of transportation, establish a transport security plan and establish a transport capacity reserve for emergency transport, military transport and emergency transport.
Thirty-third waterway transport operators shall submit statistical data of transport operations in accordance with national statistical regulations.
Chapter IV Special Provisions on Enterprises with Foreign Investment and Ships of Foreign Nationality
Article 34 To apply for waterway transportation, a foreign-invested enterprise shall meet the following conditions in addition to the business qualification conditions stipulated in Article 5 of these Provisions:
(a) within the scope of business, domestic waterway transport operators can not meet the demand;
(2) Having a good waterway transportation performance and business record.
Thirty-fifth departments with permission can decide whether to allow foreign-invested enterprises to operate domestic waterway transportation according to the actual situation of domestic waterway transportation.
Any change in matters such as the proportion of foreign investors and foreign shares of foreign-invested enterprises that have obtained the business license for waterway transportation upon approval shall be reported to the original licensing authority for approval. If the original licensing authority finds that a foreign-invested enterprise no longer meets the requirements of these provisions, it shall revoke its qualification for waterway transportation.
Article 36 Under the following circumstances, with the approval of the Ministry of Transport, waterway transport operators may hire foreign vessels to engage in temporary transport between People's Republic of China (PRC) Port and China Port for no more than two consecutive voyages or for 30 days:
(1) A ship registered in China that does not meet the conditions for applying for transportation;
(2) The port or water area that is docked is a port or water area that is open to the outside world.
Article 37 Where a waterway transport operator rents a foreign ship for temporary transport, it shall submit an application, a transport contract, a foreign ship to be used, a ship registration certificate, a ship inspection certificate, and other relevant certificates and relevant materials that can prove compliance with the provisions to the Ministry of Transport. The application shall specify the reasons for the application, the goods carried, the voyage or time limit of transportation and the port of call.
The Ministry of Transport shall, within 20 working days from the date of accepting the application, review the application matters. To meet the prescribed conditions, make a licensing decision and issue licensing documents; If it does not meet the requirements, the license shall not be granted, and the applicant shall be informed in writing of the reasons for not granting the license.
Thirty-eighth foreign ships engaged in waterway transportation temporarily shall abide by the relevant provisions of waterway transportation management and carry out transportation within the approved scope and time limit.
Chapter V Supervision and Inspection
Article 39 The Ministry of Transport and the water transport management department shall supervise and inspect the water transport market in accordance with relevant laws, regulations and these Provisions.
Fortieth supervision and inspection of the water transport market, you can take the following measures:
(a) to understand the situation of waterway transport operators and ask them to provide relevant documents, bills and other relevant information.
(2) consulting and copying contracts, documents, account books and other materials suspected of violating the law.
(three) to enter the places and ships where waterway transport operators engage in business activities, and to understand the situation on the spot.
Waterway transport operators shall cooperate with the supervision and inspection, and truthfully provide relevant vouchers, documents and other relevant information.
Forty-first waterway transportation management departments shall keep confidential the business secrets and personal information of the inspected units known in the supervision and inspection of waterway transportation market according to law.
Article 42 Where on-site supervision and inspection are carried out, the time, contents and results of supervision and inspection shall be recorded on the spot, and signed and sealed by the inspected unit or individual. If the inspected unit or individual does not sign and seal, the supervision and inspection personnel shall indicate the circumstances and reasons for not signing.
Article 43 In the course of supervision and inspection, the waterway transport management department finds that the waterway transport operators do not meet the business qualifications required by these Provisions, and shall order them to make rectification within a time limit, and review the rectification of the operators after the rectification period, and make a conclusion on whether the rectification is qualified.
The rectification period for the capacity scale that does not meet the business qualification conditions shall not exceed 6 months, and the rectification period for other circumstances shall not exceed 3 months. Ships that have started but not completed during the rectification period of waterway transport operators can be included in their own ship capacity.
Article 44 The water transport management department shall establish and improve the credit supervision and management mechanism and service quality evaluation system of the water transport market, establish the credit files of water transport operators, record the credit information of water transport operators and employees, and regularly announce the results of supervision and inspection and the credit files of operators to the public.
The water transport management department shall establish a social supervision mechanism for the illegal operation of water transport, publish the telephone number and e-mail address of complaints and reports, and handle complaints and reports in a timely manner.
The water transport management department shall record the illegal acts of operators and their handling and safety accidents found in the supervision and inspection or acceptance of complaints and reports in the credit files. If the circumstances of violation of laws and regulations are serious, which may affect the business qualifications, the operator shall be given a prompt warning. Do not meet the business qualifications, in accordance with the provisions of article forty-third.
Article 45 The water transport administrative department shall establish a contact mechanism with the local maritime administrative agency, do a good job in the connection between the inspection and handling of the ship's business transport certificate in accordance with the requirements of the Regulations on the Administration of Domestic Waterway Transport, and inform the local maritime administrative agency in a timely manner of the maintenance of the business qualification of the water transport operators within their respective administrative areas.
The maritime administrative agency shall promptly notify the water transport management department of the municipal people's government located in the district where the ship operator is located in writing of the information and conclusions of the major accidents of water transport ships. The water transport management department shall incorporate it into the credit files of water transport operators.
Chapter VI Legal Liability
Forty-sixth waterway transport operators are not equipped with maritime and maintenance management personnel in accordance with the requirements of these Provisions, and the waterway transport management department of the local people's government at or above the county level shall order them to make corrections and impose a fine of 1000 yuan to 30000 yuan.
Article 47 If a waterway transport operator or ship fails to meet the requirements of these Provisions after rectification within a time limit, the waterway transport administrative department of the local people's government at or above the county level shall report to the original licensing authority to revoke its business license or ship operation license.
Article 48 Where a ship engaged in waterway transportation goes beyond the business scope approved by the ship's business transportation certificate, or refits passenger ships and dangerous goods ships without authorization, increases the passenger quota and cargo quota approved by the ship's business transportation certificate, or changes the transportation type of bulk liquid dangerous goods, it shall be punished in accordance with the provisions of the first paragraph of Article 34 of the Regulations on the Administration of Domestic Waterway Transportation.
Forty-ninth waterway transport operators in violation of these provisions, one of the following acts, the waterway transport management department of the local people's government at or above the county level shall order it to make corrections, and impose a fine of more than 2000 yuan 10000 yuan; In case of violation for more than three times within one year, a fine of 1 10,000 yuan but not more than 30,000 yuan shall be imposed:
(1) Failing to fulfill the filing obligation;
(two) do not sell tickets according to the published fare or change the published fare in disguise;
(3) making false propaganda to mislead passengers or shippers;
(4) providing commodities and transportation services to tourists in an improper way or in an irregular way, disrupting market order;
(five) the use of transport documents does not meet the requirements.
Article 50 If a waterway transport operator refuses the supervision and inspection carried out by the management department in accordance with these Provisions or conceals or misrepresents relevant information, the waterway transport management department of the local people's government at or above the county level shall give a warning and impose a fine of more than 2,000 yuan/kloc-0,000 yuan.
Fifty-first in violation of the provisions of other provisions should be punished, in accordance with the provisions of the "Regulations" of domestic waterway transportation management.
Chapter VII Supplementary Provisions
Article 52 The meanings of the following terms in these Provisions:
(1) Self-owned ships refer to ships whose ownership is registered by water transport operators as operators, and the ownership share is not less than 565,438+0%.
(2) Liner shipping refers to the business activities of providing passenger and cargo transportation services to the public between fixed ports according to the scheduled voyage.
Article 53 Waterway transport industry organizations established according to law may, in accordance with the provisions of laws, administrative regulations and articles of association, formulate industry business norms and service standards, organize professional ethics education and business training, and conduct self-discipline management on members' business behaviors and service quality.
Waterway transport industry organizations can establish an industry integrity supervision and restraint mechanism to improve the level of industry integrity. Members and employees who are law-abiding, honest and trustworthy can be commended and rewarded.
Article 54 These Provisions shall not apply to waterway transportation between the Mainland and Hong Kong Special Administrative Region and Macao Special Administrative Region, and between the Mainland and Taiwan Province Province.
Ships registered in the Hong Kong Special Administrative Region and the Macao Special Administrative Region are temporarily engaged in transportation between mainland ports, and ships registered in Taiwan Province Province are temporarily engaged in transportation between mainland ports, with reference to the relevant provisions of these Provisions on ships of foreign nationality.
Fifty-fifth 12 passenger passenger ship transport, township passenger ferry transport, parks and closed scenic spots are not applicable to this provision.
Article 56 These Provisions shall come into force on March 1 day, 2065. On May 26th, 2008, the Ministry of Transport issued the Regulations on the Administration of Domestic Waterway Transport Business Qualification by Order No.2 of 2008; On September 22, 2008, the Ministry of Transport issued the document (87) Jiaohe Zi No.680; Issued as Jiaoshui [1998] No.65438 on March 6, 2008. On June 4, 2009, the Detailed Rules for the Implementation of Regulations on Waterway Transportation Management revised by the Ministry of Transport No.6 in 2009, and the Provisions on Punishment for Illegal Acts of Waterway Transportation promulgated by the Ministry of Transport Order No.65438 in September 28, 2009 shall be abolished at the same time.
Attachment 1: Table of Minimum Capacity of Ships Owned by Waterway Operators
Annex 2: Minimum Quota Table for Maritime and Maintenance Managers (Person)