Regulations of Shanghai Municipality on Waterway Transportation Management (revised in 2003)

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the relevant laws and regulations of the state and in the light of the actual situation of this Municipality in order to maintain the market order of waterway transportation in this Municipality, safeguard the legitimate rights and interests of waterway transportation operators, passengers, shippers and other parties, promote the development of waterway transportation and standardize the administration of waterway transportation. Article 2 These Regulations shall apply to domestic and international waterway cargo transportation, waterway passenger transportation (including tourism transportation), waterway transportation service (hereinafter referred to as waterway transportation) and related management activities within the administrative area of this Municipality. Article 3 Shanghai Port Authority (hereinafter referred to as the Municipal Waterway Transportation Management Department) shall be responsible for the administration of waterway transportation in this Municipality and organize the implementation of these Regulations; Pudong New Area, Jiading District, Minhang District, Baoshan District, Jinshan District, Songjiang District, Qingpu District, Nanhui District, Fengxian District and Chongming County (hereinafter referred to as the district (county) water transport administrative departments) are responsible for the management of water transport within their respective administrative areas.

Shanghai Waterway Management Office (hereinafter referred to as the Municipal Waterway Management Office), which belongs to the municipal administrative department of waterway transportation, is responsible for the specific management of waterway transportation in this Municipality; The Waterway Management Office (Institute) under the administrative department of waterway transportation of the district (county) [hereinafter referred to as the Waterway Management Office of the district (county)] is responsible for the specific management of waterway transportation within its administrative area under the operational guidance of the Municipal Waterway Office.

The relevant administrative departments of this Municipality, as well as the administrative departments of maritime safety supervision, ship inspection and customs, shall, according to their respective functions and duties, cooperate in the implementation of these Regulations. Article 4 The management of waterway transportation shall follow the principles of protecting legal operation, maintaining fair competition and adhering to coordinated development, and promote waterway transportation to provide safe, punctual, fast, economical and convenient services for national economic and social development. The fifth municipal administrative department of waterway transportation shall, according to the needs of economic and social development, formulate the development plan of waterway transportation in this Municipality, and organize the implementation after the approval of the Municipal People's government. Article 6 Trade associations organized by waterway transport operators according to law shall establish industry self-discipline mechanism according to laws and regulations; To provide policy and information consulting services for operators and safeguard their legitimate rights and interests; Accept the entrustment of the municipal administrative department of waterway transportation to guide the business activities of waterway transportation operators; Put forward opinions and suggestions to the municipal administrative department of waterway transportation. Chapter II Basic Provisions Article 7 This Municipality implements a licensing system for commercial waterway transportation.

Engaged in the business of water transport activities, should be in accordance with the laws and regulations and the water transport certificate issued by the national water transport administrative department, to obtain legal water transport business qualifications, and operate within the approved business scope. Article 8 The following conditions shall be met for the establishment of waterway cargo transportation and passenger transportation enterprises:

(1) Having a ship suitable for its business scope and holding a valid ship certificate issued by the ship inspection department;

(2) Having corresponding organizations and professionals;

(3) The main crew members hold valid certificates of competency;

(4) Having a fixed business place and necessary facilities, and engaging in passenger transport business, it shall also implement the passenger ship stops along the way;

(5) Having registered capital suitable for its business scope.

The establishment of individual industrial and commercial households engaged in waterway cargo transportation or passenger transportation shall meet the conditions in Items (1), (3), (4) and (5) of the preceding paragraph.

If the state stipulates that third party liability insurance, passenger accident insurance and ship insurance must be handled, insurance certificates must also be provided. Article 9 The establishment of a water transport service enterprise shall meet the following conditions:

(1) Having corresponding organizations and professionals;

(2) Having a fixed business place and necessary business facilities;

(3) It has registered capital suitable for its business scope.

The opening conditions of individual industrial and commercial households engaged in waterway transportation business shall be handled in accordance with state regulations. Article 10 To apply for domestic waterway transportation, an application shall be made to the municipal navigation department or the air traffic control department (institute) of the region (county) where it is located; To apply for international waterway transportation, an application shall be submitted to the municipal administrative department of waterway transportation.

The accepting organ shall report to the relevant authorities for approval in accordance with the examination and approval authority. The examination and approval authority of this Municipality shall make a written examination and approval decision within the prescribed time limit. If approval is decided, the water transport license, water transport service license or relevant approval documents shall be issued respectively according to its business scope.

Foreign investment in the establishment of waterway transport enterprises shall be subject to the examination and approval of the municipal administrative department of waterway transport, and the examination and approval procedures shall be handled in accordance with relevant laws and regulations. Article 11 Anyone who obtains a water transport license and a water transport service license or approval document shall register with the administrative department for industry and commerce and tax with the certificate or approval document, and may operate only after obtaining a business license and tax registration certificate upon approval. Twelfth waterway cargo transport and passenger transport operators engaged in domestic waterway transport, should be based on the application for approval of the ship, to obtain the ship business transport certificate and related business documents.

The ship's business transport certificate shall be carried with the ship. Article 13 The merger, division or change of business scope of waterway transport operators in this Municipality shall be reported to the original examination and approval authority for approval and then the relevant licenses shall be renewed, and the relevant formalities shall be handled at the administrative departments for industry and commerce and taxation; Where the name, domicile and legal representative of an enterprise are changed, the relevant license documents shall be changed at the original examination and approval authority at the same time as the corresponding industrial and commercial and tax change registration is handled. Fourteenth waterway transport operators in this Municipality shall report to the original examination and approval authority 30 days in advance. When going through the relevant formalities, the license and relevant business documents should be returned.