International Shipping Agency Management Regulations

Article 1: These regulations are formulated in order to strengthen the management of the international shipping agency business and meet the needs of the country to develop foreign economic relations and international shipping. Article 2 These regulations apply to the agency business of international navigation ships. Article 3 The Ministry of Communications of the People's Republic of China and the People's Republic of China (hereinafter referred to as the Ministry of Communications) is the national competent authority for the management of ship agency business. Article 4: Ship agency business is only allowed to be operated by ship agency companies approved by the Ministry of Communications. The shipping agency must be a state-owned enterprise legal person of the People's Republic of China. The number of shipping agencies set up in each port shall be determined by the Ministry of Transport based on the actual business needs of the port. Article 5 The establishment of a ship agency company must meet the following conditions:

(1) Operate independently and be able to bear civil liabilities independently;

(2) The legal representative has the qualifications of an international shipping agency Professional knowledge and experience;

(3) Be equipped with necessary full-time personnel in business, customs declaration, finance, foreign languages, etc.;

(4) Be familiar with my country’s relevant laws on international navigation ships , regulations and requirements, and have the ability to supervise and help the ships they represent to comply with and implement them seriously;

(5) Have company articles of association, fixed organizational structure, office space and necessary transportation and communication conditions;

(6) Have the funds needed to handle business. Article 6 To establish a ship agency, a written application must be submitted to the transportation authority where the company is located.

The application should include the following contents:

(1) Company name (including English name), detailed address (in both Chinese and English), telephone number, telephone number, and telex number , postal code;

(2) Projects to be operated;

(3) Proof of registered capital and actual capital possession or fund guarantee;

(IV) ) The name, age, profession, detailed experience, and address of the legal representative;

(5) The company’s business charter, organizational structure, and professional staffing. Article 7: The application for establishing a shipping agency shall be submitted to the Ministry of Communications for approval after being reviewed by the transportation authorities at the location of the company and the province (municipalities and autonomous regions). The Ministry of Communications will review the application and decide whether to approve or disapprove it based on actual needs and the requirements of these regulations. After approval, the applicant must register with the industrial and commercial administration authority where the company is located and obtain a license with the approval document from the Ministry of Communications before starting business. A photocopy of the license should be submitted to the Ministry of Communications and the company's local and provincial transportation authorities for filing within fifteen days after opening. Article 8 The Ministry of Communications may determine the business scope of a ship agency based on its scale, funds, capabilities, conditions and relevant regulations.

Ship agency companies, within the business scope approved by the Ministry of Transport and entrusted by shipping companies, can operate some or all of the following agency businesses:

(1) Contact and arrange for ships to enter and exit ports, docking berthing and loading and unloading;

(2) Handling customs declaration of ships, goods and containers;

(3) Handling consignment, transshipment and multimodal transport of goods and containers;

(4) Be entrusted by the shipowner or captain to sign bills of lading, transportation contracts, and ship dispatch and demurrage agreements;

(5) Handle international water transportation of passengers;

(6) Organize cargo loading and negotiate shipping space for cargo owners;

(7) Contact water rescue and negotiate maritime affairs;

(8) Collection and agency Make payments and handle settlement;

(9) Handle other shipping agency and service matters. Article 9 If a ship agency company needs to expand or change its business scope after opening for business, it shall go through the approval procedures in accordance with the provisions of Articles 6, 7 and 8 of these regulations. Article 10 Ship agency companies shall carry out business activities based on the following principles:

(1) Comply with national policies, laws, administrative regulations and administrative rules, safeguard national rights and interests, and keep national secrets;

(2) In accordance with the entrustment, fulfill responsibilities, safeguard the legitimate rights and interests of the client, and perform the obligations assumed;

(3) Guide the agent's shipping company, ship and crew to abide by China's relevant regulations Laws and regulations, and assist the competent authorities in handling illegal and illegal matters of shipping companies, ships and crew members;

(4) Do not engage in fraudulent activities in any way or use unfair means or at the expense of harming national interests Unlawful competition. Article 11: Shipping companies enjoy complete autonomy in selecting shipping agencies, and no unit or individual may interfere in any way. The parties shall not restrict the shipping company's free choice of shipping agency in the relevant contract terms. Article 12 Ship agency companies must implement the fees and charges standards uniformly stipulated by the Ministry of Communications and shall not provide rebates in any form or in disguised form. Article 13 The following ships shall be handled by the shipping agency designated by the Ministry of Communications:

(1) Foreign military ships;

(2) Training ships and scientific expedition ships Ships;

(3) Passenger transport ships (including tourist ships) and private yachts;

(4) Engineering ships and their auxiliary ships;

(5 ) Other ships that should be designated as agents. Article 14 The operating conditions of the shipping agency in the first half of the year and the year shall be reported to the Ministry of Communications before the end of July of the current year and the end of February of the following year respectively, and a copy shall be submitted to the local transportation authority and the provincial (municipality, autonomous region) transportation authority. organ.

The contents of the report should include:

(1) Financial income and expenditure, profit and loss;

(2) Shipping companies, ship lists and number of ships represented by country;

(3) Statistics on the flow of import and export goods shipped by the agent's ship, and list the quantity of goods shipped by our ship and the other party's ship respectively;

(4) Requirements of the transportation authority Other matters reported.