Laws of the People's Republic of China

    The State Council has decided to amend the Regulations of the People's
Republic of China for the Administration of Water Transport as follows:

    1. Article 26 is amended as: "When these Regulations are violated in any
of the following manners, the competent departments for communications of
people's governments at or above the county level shall impose penalties
respectively according to the following provisions:

    (1) In cases of establishment of water transport enterprises or water
transport service enterprises without approval, or engagement in profit-making
transport by units and individuals other than water transport enterprises
without approval, the offender shall be confiscated of the illegal gains and
concurrently imposed a fine not less than 100% and not more than three times
the amount of the illegal gains; where there are no illegal gains, a fine of
not less than RMB 30,000 yuan and not more than RMB 250,000 yuan shall be
imposed.

    (2) In cases of exceeding the scope of business by water transport
enterprises or water transport service enterprises engaged in profit-making
activities, the offender shall be confiscated of the illegal gains and
concurrently imposed a fine not less than 100% and not more than three times
the amount of the illegal gains; where there are no illegal gains, a fine of
not less than RMB 20,000 yuan and not more than RMB 200,000 yuan shall be
imposed.

    (3) In cases of violation of relevant state provisions in collecting
freight or service charges, the violator shall be confiscated of the money
collected in violation of the provisions and concurrently imposed a fine not
less than RMB 20,000 yuan and not more than RMB 150,000 yuan.

    (4) In cases of failure to use prescribed transport vouchers and receipts
in carrying out profit-making transport, the offender shall be administered a
warning or imposed a fine not more than RMB 10,000 yuan according to the
seriousness of circumstances.

    (5) In cases of failure to pay the state prescribed fees according to
provisions, the offender shall be ordered to pay the fees within a time limit;
if he/she doesn't do so within the time limit, the offender shall, in addition
to being ordered to pay the fees unpaid, be imposed a fine not less than 100%
and not more than three times the amount of the fees unpaid; if the
circumstances are serious, the licence may be concurrently suspended.

    (6) In cases of monopolizing sources of freight to force services on
others, the offender shall be imposed a fine not less than RMB 10,000 yuan and
not more than RMB 100,000 yuan; if the circumstances are serious, the licence
may be concurrently suspended or revoked."

    2. Article 27 is amended as: "If a party does not accept the penalty
decision made by the competent departments for communications, he may apply to
the competent departments for communications at higher levels for
consideration. If he still does not accept the consideration decision made by
the competent departments for communications at higher levels, he may, within
15 days of receipt of the written consideration decision, bring a suit before
people's courts. If he does not bring a suit nor comply with the penalty
within this period, the competent departments for communications may apply to
the people's courts for compel enforcement."

    3. Article 33 is deleted.

    This Decision shall come into effect as of the date of promulgation.