Measures for the administration of examination and approval of inter-provincial waterway transport enterprises

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Regulations of People's Republic of China (PRC) Municipality on Waterway Transportation Management (hereinafter referred to as the Regulations) in order to strengthen the examination and approval management of the preparation, opening and new capacity of inter-provincial waterway transportation enterprises and improve the examination and approval procedures. Article 2 These Measures shall apply to the inter-provincial (autonomous regions and municipalities directly under the Central Government) waterway transportation of passengers and goods in People's Republic of China (PRC) coastal areas, rivers, lakes and other navigable waters.

Chinese-funded water transport enterprises (including tourism and ferry transport) (hereinafter referred to as "water transport enterprises"). Article 3 Waterway transport enterprises must own seaworthy ships and may not operate independently or mainly by chartering. Article 4 Waterway transport enterprises established in special economic zones mainly undertake inter-provincial passenger and cargo transport in and out of the special zones. Those who fail to meet this requirement for two consecutive years shall not enjoy preferential treatment in the special zone or revoke their waterway transportation licenses. Article 5 An application for the establishment of a water transport enterprise must be examined and approved by the superior competent unit of the applicant, and the declared business scope must conform to the relevant provisions of the Regulations and the Detailed Rules for the Implementation of the Regulations on Water Transport Management (hereinafter referred to as the Detailed Rules). Business projects that have not been approved by the competent department of industry shall not be included in its part-time business scope. Chapter II Application Conditions Article 6 To apply for the establishment of a water transport enterprise, the following documents must be submitted:

Application for the establishment of water transport enterprises.

Two, the enterprise feasibility study report, the main contents of the report should include:

(a) cargo (passenger) source analysis and prediction;

(2) Business scope and scale (number of ships, tonnage or TEU space, number of passengers);

(3) organizational structure, including the analysis of the sources and technical capabilities of the person in charge of the preparation, management personnel and crew in terms of operation, finance, safety and maintenance;

(4) Sources of funds;

(5) Economic benefit analysis.

Three. Articles of association, including: general principles, business scope, economic nature, business scale, registered capital, organizational structure, financial system, etc.

4. Proof of source of funds.

Five, for a joint venture or joint venture of water transport enterprises, there must be a copy of the contract or letter of intent signed by the parties to the joint venture or joint venture.

Passenger transport operators shall implement the necessary safety service facilities for ship berthing and passengers boarding and disembarking at ports (stations and points) along the route, and have written certificates from the shipping management agencies at or above the county level (hereinafter referred to as "air traffic control departments"). Article 7 The following documents must be submitted to apply for establishing a water transport enterprise:

Application for the opening of waterway transport enterprises;

Two, a copy of the ship's valid airworthiness certificate;

3. A list of the main crew members and a copy of their valid job certificates, together with a certificate of origin of the crew members. The term of renting crew members shall not be less than half a year, and a copy of the crew hiring contract shall be attached (each crew member shall not exceed one third of the retired crew members);

4. List of persons in charge and organizations;

5. It has its own liquidity and legal capital verification certificate suitable for the transportation business;

Six, safety technology management rules and regulations;

Seven, the superior unit responsible for the main safety. Article 8 The following documents must be submitted for handling the ship's business transportation certificate:

1. Application for new capacity of water transport enterprises;

Two, a copy of the ship's valid airworthiness certificate;

Three, the main crew list and a copy of the valid job certificate, with the crew certificate or crew contract;

Four, passenger transport, should implement the port of call (station, point) along the ship berthing, passengers get on and off the necessary safety service facilities, and there is a written certificate from the air traffic control department at or above the county level. Chapter III Examination and Approval Authority and Procedures Article 9 Application for Preparation

First, the preparation of waterway transportation enterprises or units that need to engage in inter-provincial waterway commercial transportation should apply in accordance with the provisions of Article 6 of these Measures, and after being reviewed and put forward by the local air traffic control department at or above the county level, it should be reported to the traffic department (bureau) of the local province (autonomous region or municipality directly under the Central Government) or its authorized air traffic control department (hereinafter referred to as the "ministries and agencies or air traffic control departments") for review.

Two, by the local ministries or air traffic control departments, according to the "rules" within the time limit put forward audit opinions, submitted to the Ministry of communications. Among them, those who are engaged in the trunk transportation of the Yangtze River, the Pearl River and the Heilongjiang River shall report to the Waterway (Transportation) Administration of the Ministry of Communications. According to the relevant provisions of the "Regulations" and the comprehensive balance of social transportation capacity, decide whether to approve or not.

Three, approved the establishment of water transport enterprises, by the Ministry of communications or its departments stationed in the Waterway (Transportation) Administration issued a one-year "temporary license for water transport enterprises", by the ministries or agencies or air traffic control departments forwarded to the applicant. The applicant can hold a certificate to the local administrative department for industry and commerce to apply for a construction permit, and submit a copy to the Ministry for the record before organizing the preparatory establishment, and can open a bank account, buy a ship and equip the crew.

Four, the "temporary license for water transport enterprises" is valid for one year, in the period of validity can not meet the conditions for opening, or not to be extended; Or if there are justified reasons, it may be extended for half a year to one year with the approval of the original examination and approval authority. If it still fails to meet the requirements for business opening within the time limit, the original examination and approval authority shall revoke the temporary license of the water transport enterprise and notify the local administrative department for industry and commerce. Article 10 Application for starting business

First, after the completion of the water transport enterprise, the applicant shall apply in accordance with the provisions of Article 7 of these Measures, and the local air traffic control department at or above the county level shall put forward the audit opinions and report them to the local ministries or agencies or air traffic control departments for audit.

Two, by the local ministries or air traffic control department audit, and signed opinions within the time limit stipulated in the "rules", submitted to the Ministry of communications for approval. Among them, those who are engaged in the trunk transportation of the Yangtze River, Pearl River and Heilongjiang River systems shall be reported to the Waterway (Transportation) Administration of the Ministry of Communications for approval.

Three, approved the opening of water transport enterprises, by the Ministry of communications or its shipping (transportation) bureau stationed in the water system issued a "water transport license", by the ministries or agencies or air traffic control departments forwarded to the applicant.

Four, the applicant to the "water transport license" to the local administrative department for Industry and commerce to apply for registration, obtain a business license, and to the local ministries or agencies or air traffic control departments to apply for the "ship business transport license", can engage in business activities.