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Rules of the International Container Transport Management

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					Rules of the International Container Transport Management
Rules of the International Container Transport Management
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Chapter I General Provisions
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Article
In order to strengthen the management of international multimodal transport container,
promote smooth, economic and efficient development of international multimodal
transport containers, to meet the needs of foreign trade, according to
"People's Republic of China Maritime Law,"
"The People's Republic of China Railway Law", and
The People's Republic of China Ministry of Communications, Ministry of
Railways (hereinafter referred to as the Ministry of Communications, Ministry of
Railways) shall formulate the rules.
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Article
This rule applies to waterways, highways, railways Container Transport.
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Article
Ministry of Communications, Ministry of Railways of China International Container
Transport authorities.
Provinces, autonomous regions and municipalities traffic management authorities in
the region under the rules of international multimodal transport containers.
Railway system management by the International Container Transport.
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Article
The rules define the following terms
(A) "international container" refers to comply with the
provisions of the ISO technical standard containers.
(B) "International Container Transport (hereinafter referred to as
multimodal transport)" means the container in accordance with
international multimodal transport contract to at least two different modes of transport,
by the multimodal transport operator of the international container from one country
to take over transported to another location within the country designated delivery
location.
(C) "International Container Transport Contract (hereinafter referred to as
a multimodal transport contract)" means a multimodal transport operator
undertakes, against payment of freight, to perform or the performance of international
multimodal transport.
(D) "International Container multimodal transport document (hereinafter
referred to as a multimodal transport document)" means that the
multimodal transport contract and that the multimodal transport operator to take over
container cargo (hereinafter referred to as goods) and is responsible for delivery of the
goods in accordance with terms of the contract documents . The document includes
both the replacement of paper documents to confirm the electronic data exchange
information.
(E) "multimodal transport operator International Container (hereinafter
referred to as the multimodal transport operator)" refers to themselves or
other entrusted to my name entered into a multimodal transport contract with the
shipper and the carrier status of commitment to complete the contract responsibility.
(F) "section of the transport carrier" refers to the section with
the multimodal transport enter into the contract of carriage, to complete a section of
the multimodal transport in the transport of people, regardless of whether the
multimodal transport operator, he is the same person .
(G) "shipper" means I trust others to look for my name on the
multimodal transport operator with the multimodal transport contract, the goods to the
multimodal transport operator, man.
(8) "consignee" means Cha from the multimodal transport
operator, who receive the goods.
(9) "delay" means the goods have not delivered within the time
expressly agreed upon.
(10) "Unit" means the provisions of the International Monetary
Fund Special Drawing Right (SDR)
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Chapter multimodal transport management
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Article
Multimodal transport operator for the business enterprise shall meet the following
conditions:
(A) with the PRC legal entity.
(B) has engaged in multimodal transport operations with the corresponding
organization, a fixed place of business, the necessary operating facilities and the
appropriate professional managers.
(C) the enterprise has more than three years experience of international transport of
goods or agency, with appropriate domestic and foreign agents.
(D) of the registered capital of not less than 10 million yuan, and good credit.
Additional business-to support an institution, a branch of each additional 1 million
yuan to increase its registered capital.
(E) comply with national laws, regulations and other conditions.
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Article VI of the multimodal transport operator approval
(A) of the rail system operating outside the enterprise application for multimodal
transport operations, should be reported to the provinces, autonomous regions,
municipalities, transportation authorities, and a duplicate to the seat of the city
(prefectural) above the traffic department. Provinces, autonomous regions,
municipalities directly under the traffic department in charge of receiving all the
application documents within thirty days after the comments forwarded to the
Ministry of Communications. Enterprises directly under the State Council department
in Beijing for operating multiple transport services, directly to the Ministry of
Communications, Ministry of Railways to apply. Enterprises to apply for operating
the railway system, multimodal transport operations, where the Railway
Administration by the company directly to report to the Ministry of Railways. The
receipt of such transfer, within sixty days after the filing of documents, the Ministry
of Communications, Ministry of Railways issued jointly review the documents of
approval or not approval to issue a notice, in accordance with the work of two
mutually agreed procedures.
(B) has approved the operation of multimodal transport business enterprise with the
approval documents to the provinces, autonomous regions and municipalities directly
under the traffic department to obtain operating licenses, the enterprises directly under
the State Council department in Beijing to accept applications to collect business
license, the railway system of the enterprise to the Ministry of Railways obtain a
business license.
(C) for operating multimodal transport operations of the company, shall submit the
following documents:
1, for report
2, the articles of association, business association;
3, operating multimodal transport operations of the feasibility study report;
4, samples of the multimodal transport document;
5, State agencies within and outside the company, said sentence, address, and
protocol;
6 credit certificate;
7, a copy of business license and approval documents;
8, the legal representative of the personal resume and proof of identity;
9, five or more business for national recognition, relevant professional qualifications
and titles above the intermediate level representation of the certificate;
10, the company more than three years experience of international transport of goods
or agency certification;
11 other documents required by competent authorities.
(D) by the Ministry of Communications, Ministry of Railways jointly examined and
approved, with the approval documents, business licenses, in accordance with
relevant laws and regulations to the industry and commerce, customs, banks, tax
department go through the appropriate procedures.
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Article
For the establishment of multimodal transport enterprises should comply with Article
V (a), (b), (d), (e) of this article, its main investors should have at least three years
experience of international transport of goods or agency, there is a corresponding
domestic and foreign agents. Approval procedures in accordance with the provisions
of Article VI.
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Article VIII
Business license is valid for three years. Expiry, need to continue to engage in
multimodal transport operations, and should be expired on the 30th to the original
issuing authorities to apply for replacement. Failure to apply for replacement, the
multimodal transport operations after the expiry date automatically lose eligibility.
Ministry of Communications, Ministry of Railways and the provinces, autonomous
regions, municipalities directly under the traffic department in charge of the operation
behavior of the multimodal transport operator supervision and inspection at any time.
Provinces, autonomous regions, municipalities, transport authorities on the
qualifications of the multimodal transport operator for multimodal transport document
and the annual examination, annual examination by the Ministry of Railways, the
railway system, the implementation of the enterprises directly under the State Council
department in Beijing, the annual examination by the Ministry of Communications,
Ministry of Railways joint implementation.
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Article
Multimodal transport enterprises to set up commercial offices for the departments
concerned should submit an application report, feasibility study report and a branch
operation with corresponding organizations Jigou, fixed business Changsuo, the
necessary operating She Shi, Xiang Ying's management staff , liquidity, the
approval process in accordance with the provisions of Article VI.
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Article
Multimodal transport operations of the company to stop issuing operating permits
must submit an application unit, reported the Ministry of Communications, Ministry
of Railways, by approving the agreement, to recover their operating licenses, and with
the approval documents, customs, banks, tax department in corresponding procedures.
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Article
Sino-foreign joint ventures, cooperative enterprises to apply for operating multimodal
transport operations, subject to the Ministry of Communications, Ministry of
Railways jointly approved, in accordance with relevant laws and administrative
regulations to the authorities handle the corresponding formalities; its operating
permit to apply for, renew, closure of the relevant provisions of this chapter Junan.
Foreign-funded enterprises shall not engage in multimodal transport operations, laws
and administrative regulations, except as otherwise provided.
Without the Ministry of Communications, Ministry of Railways jointly approved,
foreign enterprises may not engage in China's international container
multimodal transport operations.
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Article XII
Multimodal transport operations of the enterprises engaged in the use of the
multimodal transport document shall comply with the requirements prescribed in
Chapter III. The registration of the multimodal transport document numbering system.
In China and the multimodal transport document must be issued by the multimodal
transport operator or his agent, the Ministry of Communications, Ministry of
Railways register and document the upper right corner indicate the license number.
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Article XIII
Multimodal transport operators and transport information using the computer
transmission of data, its transmission code, the message format should be consistent
with domestic requirements to adapt to international standards, EDI standards,
participate in the section multimodal transport carrier should be the multimodal
transport operator The required dynamic information containers and related
information.
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Chapter multimodal transport document
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Article XIV of the content of the multimodal transport document
(A) of the multimodal transport document shall contain the following:
1, goods name, type, number, weight, size, surface condition, packaging;
2, Container number, box type, number, seal number;
3, dangerous goods, frozen goods and other special goods shall be set out in its
properties, note;
4, the multimodal transport operator the name and principal place of business;
5, the shipper name;
6, multimodal transport document that the consignee;
7, the date of receiving the goods, place;
8, delivery location and date agreed upon;
9, multimodal transport operator or the donor's signature and the date of
issuance of documents and place;
10, transfer mode, freight delivery, the delivery of the agreed period, cargo transfer
locations;
11, without violating the relevant laws, regulations under the premise of the two sides
agreed to the inclusion of other matters.
(B) of the multimodal transport document the lack of the matters referred to in the
first paragraph of this one, or several, does not affect the document as a multimodal
transport document of legal effect, but should be able to prove with the fourth (d) of
this paragraph content.
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Article XV
Multimodal transport operator to receive the goods, or his authorized person shall
issue a multimodal transport document. The signature on the multimodal transport
document may be handwritten, stamped or both to confirm the electronic data.
Issue more than one original multimodal transport document shall indicate the number
of originals. Copies should be marked non-negotiable.
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Article XVI
Transfer of the multimodal transport document in accordance with the following
provisions:
(A) of the registered documents: non-transferable;
(B) direct the document: After indorsement or endorsement in blank;
(C) of the bearer note: No endorsement, you can purchase.
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Chapter shipper responsibility
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Article XVII
Shipper of the goods to the multimodal transport operators, the provision of the name,
type, packaging, pieces of Shu, weight, size, mark Deng should be accurate, the case
of Te Shu Qi Xing Zhi goods Huanyingshuoming and precautions.
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Article XVIII
Due to the following reasons create the goods were lost, damage or loss caused by the
multimodal transport operator, the shipper shall be responsible or liable for:
(A) of the box, seal intact, the goods by the shipper packing, counting, sealing or
cargo loading at the shipper-owned container;
(B) poor quality of goods or packaging intact and the interior cargo short loss,
deterioration;
(C) ambiguous signs transportation, packaging bad.
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Article XIX
As the shipper's fault and negligence on the multimodal transport operator
or third party losses, even if the shipper has a multimodal transport document the
transfer, should bear the liability.
Multimodal transport operator in accordance with the preceding paragraph of Article
XVII to obtain such a right to compensation, without prejudice to its right under the
multimodal transport contract to any person other than the shipper from liability.
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Diershitiao
The shipper of dangerous goods shall be in accordance with the kinds of cargo
transportation with the relevant provisions, and proper packaging, paste, or tied to
hang signs and labeling of dangerous goods, to its formal description, nature and
safety precautions to be taken by written notice to the multimodal transport operator
people; because no notice or notice an error, the multimodal transport operator, the
situation can be unloaded, destroyed or taken by the appropriate means of disposing
of, without compensation. Shipper on the multimodal transport operator for the
transport of the kind of losses suffered by the goods shall be liable for compensation.
Multimodal transport operators are aware that the nature of dangerous goods and have
agreed to the shipment, the discovery of the kinds of goods for transport, personnel or
other goods become an actual danger, we still can be unloaded, destroyed or rendered
occurrence. The responsibility of the multimodal transport operator section apply to
the occurrence of the relevant laws and regulations.
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Chapter V the responsibility of the multimodal transport operator
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Article 1
Multimodal transport operator, after the issue of the multimodal transport document,
which shows that the multimodal transport operator has received the goods,
multimodal transport of goods to bear the responsibility, in accordance with the
transfer method specified in the multimodal transport document, handle the transfer
formalities.
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Article 2
Multimodal transport operator liable for the goods during the period: from receiving
the goods until delivery of the goods only.
Receiving the goods have been transported to the multimodal transport operator, by its
over.
Delivery is defined as a multimodal transport contract to deliver the goods to the
consignee or upon application of the law or trade practices of the goods placed under
the control of the consignee, or to be handed over to the authorities, a third party.
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Article 3
Multimodal transport operator to receive the goods, we already knew or had
reasonable grounds to suspect that the shipper statement or multimodal transport
document the contents of the goods listed on the situation and the actual receipt of the
goods does not match, but no reasonable means of checking the multimodal transport
operators have the right to make reservations in the multimodal transport document,
marked discrepancies, suspicion or the absence of appropriate means of checking
instructions.
Multimodal transport operator is not on the multimodal transport document the
apparent condition of the goods or containers to be endorsed, he is deemed to have
been received in apparent good condition of the goods or containers.
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Article 4
Except in accordance with the provisions of Article 3 to make reservations, the
multimodal transport operator to issue a multimodal transport document is a
multimodal transport operator has been in accordance with the conditions contained in
the multimodal transport document prima facie evidence of receipt of the goods.
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Article 5
Multimodal transport operators are obliged to address the multimodal transport
document to inform the consignee of the goods have arrived in the destination
consignee.
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Article 6
Consignee by the multimodal transport document to receive cargo transfer contained
in the bill of lading card receipt. Multimodal transport operator to recover the original
multimodal transport document, the responsibility of the multimodal transport
operator shall cease.
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第二 17
The loss, damage or delay occurred during the multimodal transport operator liability,
multimodal transport operator shall be liable for compensation according to law.
Clear the goods after the expiry of the agreed delivery date, not a continuous 60 day
delivery, the consignee that the goods may have been lost.
The loss, damage or delay occurred in a certain section of multimodal transport,
multimodal transport operator's liability and limits of liability applicable to
the transport section of the relevant laws and regulations.
Cargo loss, damage occurred in the section can not be determined, the multimodal
transport operator's liability limit of liability: the whole intermodal
transport including shipping applies to "The People's Republic
of China Maritime Law," the whole intermodal transport Shipping not
included in the application of the relevant laws and regulations.
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第二 18
Delay in delivery of the goods can not be determined by the occurrence of the section,
the multimodal transport operator against liability for delay in delivery constraints,
including multimodal transport maritime section of the whole to be collected no more
than the multimodal transport contract, the amount of freight limit.
The loss or damage and delay in delivery of simultaneous multimodal transport
operator, limits of liability for loss or damage by cargo handling.
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第二 19
For cargo loss, damage or delay in delivery caused by losses brought on the
multimodal transport operator of any litigation, whether the action is based on
contract or tort or other grounds for criminal proceedings, are applicable to the 27th
Article 28th Article limitation of liability.
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Third 10
As the cargo loss, damage or delay in delivery caused by the loss of the multimodal
transport operator sued a servant, the servant to prove his is acting within the scope of
employment, the servant of the right to invoke the multi-modal CTO defenses and
limits of liability.
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第三十一条
To prove the loss, damage or delay is caused by the multimodal transport operator
intentionally or knowingly caused and may not care about the act or omission caused
by the multimodal transport operator is not entitled to the 27th and article 28th section
limitation of liability provisions.
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第三 12
Multimodal transport operator, signed an agreement with the parties, specifically
agreed between the responsibilities, rights and obligations and related matters such as
business arrangements, but shall not affect the multimodal transport operator with the
responsibility of the entire transport multimodal transport law regulations, except as
otherwise provided.
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Chapter VI of the written notice, litigation
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Thirty-third into the written notice of the claim made effective
(A) of the multimodal transport operator to deliver the goods to the consignee, the
consignee for loss or damage to the written notice of the multimodal transport
operator, and the delivery as a multimodal transport operator has been in accordance
with the multi-modal delivery and transport documents record prima facie evidence of
the goods in good condition.
Loss of or damage to goods, non-obvious, FCL consecutive day after the delivery of
the goods within fifteen days from the day after delivery of the goods unboxing within
seven consecutive days, the consignee did not submit written notice, apply to the
preceding paragraph.
(B) deliver the goods, the consignee has the goods in conjunction with the multimodal
transport operator the state of joint survey or inspection, without the need to identify
the loss or damage to be submitted in writing.
(C) of the multimodal transport operator, from the day after delivery of the goods to
the consignee consecutive 60 days of the consignee of the goods not received
economic loss caused by delay in delivery of a written notice submitted be liable.
(D) of this section the time the notice in writing, does not prevent the goods identified
in the loss, damage occurs by the applicable laws and regulations section of the
written notification of the prescription.
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34th Limitation of actions
(A) of the entire multimodal transport including a sea leg, on the multimodal transport
operator for the one year limitation period.
Multimodal whole paragraph does not include shipping, according to the provisions of
Civil Law, on the multimodal transport operator, the time two years the statute of
limitations.
(B) aging time delivery or from the multimodal transport operator shall be calculated
following the date of delivery of the goods.
(C) This section is without prejudice to the provisions of limitation of action
claimants can establish whether the goods in case of loss, damage zone, in accordance
with regulations under that section the right to bring the Statute of Limitations.
(D) of the multimodal transport operator, who filed the third required the limitation
period for the recovery of 90 days, since the recovery of compensation for the
claimant to resolve the original date of request or receipt of handling the claim against
the prosecution of a copy of the court proceedings the day from the calculation.
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Chapter VII Penalties
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第三 15
Unauthorized operating multimodal transport operations, once discovered, imposed a
fine of twice the illegal income, up to more than 30,000 yuan.
With approval in multimodal transport operations, but later do not have the
qualifications of the multimodal transport operator to carry out multimodal transport
operations enterprises, 20000-30000 yuan depending on the seriousness impose a fine.
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第三 16
Multimodal transport operator in the multimodal transport document is not printed
license number, once discovered, make it correct, should be declared in the 15 days
required to register and license number in the document indicate the upper right
corner after their operations more intermodal transport business. Within the time limit
is not correction, depending on the seriousness impose 10000 - a fine of 30,000 Yuan.
Do not submit the statistics provided by 第四十一条 warning statements, and make
a report after the deadline; not reporting period, a fine of 2000-10000 yuan fine.
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第三 17
Punishment of the province, autonomous regions and municipalities executive in
charge of transportation; railway system of punishment execution by the Ministry of
Railways; enterprises directly under the State Council department in Beijing, the
punishment by the Ministry of Communications, Ministry of Railways joint
implementation. Laws and regulations, except as otherwise provided.
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Chapter VIII
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第三 18
Domestic shipping and international shipping as two different modes of transport.
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第三 19
Multimodal non-international standard containers can refer to the Rules.
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Fourth 10
Multimodal transport document recommended format see Table 1.
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第四十一条
Multimodal transport operator shall each year before the end of year report on the
operation of local provinces, autonomous regions, municipalities directly under the
traffic authorities and the Ministry of Communications, Ministry of Railways. Also
report to the local railway system Railway Bureau. Report says:
(A) of the multimodal transport traffic (see table 2 tables);
(B) operating conditions and problems;
(C) of the multimodal transport operator, the basic note (including owned equipment,
facilities, capacity).
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第四 12
The rules by the Ministry of Communications, Ministry of Railways jointly
responsible for the interpretation.
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第四 13
The rules from October 1, 1997 shall come into force.
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