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中华人民共和国国际海运条例
Ren Min Ri Bao· 2025-09-29 22:11
Core Points - The regulation aims to standardize international maritime transport activities, protect fair competition, and maintain order in the international maritime transport market [1] - The regulation applies to international maritime transport operations entering and exiting ports in the People's Republic of China, as well as related auxiliary activities [1] Group 1: Operators of International Maritime Transport and Auxiliary Services - Operators of international passenger ships and international bulk liquid hazardous goods transport must meet specific conditions, including having corporate legal status and appropriate vessels [2][3] - Operators must apply to the Ministry of Transport and provide relevant materials to obtain the International Ship Transport Operating License [3] - Operators of international container ships and general cargo ships must also register with local transport authorities within 15 days of starting operations [3][7] Group 2: Business Activities and Pricing - International shipping operators must obtain qualifications for international liner transport and cannot engage in such activities without proper licensing [8][9] - Pricing for international shipping services must be filed with the Ministry of Transport, with specific rules for public and negotiated rates [12][13] - Operators must adhere to the filed pricing and cannot engage in unfair competitive practices [16] Group 3: Foreign Investment and Special Provisions - Foreign investment in international maritime transport and related auxiliary services in China is subject to specific regulations [19][24] - Foreign operators are prohibited from conducting certain transport activities without approval from the Ministry of Transport [27][28] Group 4: Investigation and Legal Responsibilities - The Ministry of Transport can investigate activities that may harm fair competition, including agreements among operators that exceed certain market share thresholds [20][26] - Violations of the regulations can result in penalties, including fines and revocation of operating licenses [23][24]
受权发布|国务院关于修改《中华人民共和国国际海运条例》的决定
Xin Hua She· 2025-09-29 11:15
Core Points - The State Council has decided to amend the "Regulations on International Maritime Transport of the People's Republic of China" to enhance the regulatory framework for international shipping and related auxiliary services [1][4][30] Summary by Sections Amendments to Regulations - The definition of auxiliary activities related to international maritime transport has been expanded to include services such as international ship agency, ship management, cargo handling, warehousing, container stations, and shipping transaction platform services [1][4] - New requirements have been introduced for international shipping platform operators to report their operational information to the Ministry of Transport [1][4] - Penalties have been established for non-compliance with reporting requirements, including fines ranging from 20,000 to 100,000 yuan and potential suspension of operations for serious violations [1][4][26] Regulatory Oversight - The Ministry of Transport and local transport authorities are tasked with supervising international maritime transport activities and ensuring compliance with the regulations [6][19] - Credit management systems will be implemented for operators and personnel involved in international maritime transport [6] Foreign Investment and Operations - Foreign entities are allowed to invest in international maritime transport and related auxiliary services in China, subject to existing laws and regulations [18] - Foreign shipping operators are prohibited from conducting business between Chinese ports without proper authorization [28] Enforcement and Penalties - Strict penalties are outlined for unauthorized operations, including fines and potential revocation of operating licenses for violations of the regulations [24][25][27] - Investigative powers are granted to the Ministry of Transport to address anti-competitive practices and ensure fair competition in the maritime sector [19][20] Implementation - The amended regulations will take effect immediately upon publication, requiring existing operators to comply within 60 days [3][30]