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Laws of the People's Republic of China |
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| Category | COMMUNICATIONS AND TRANSPORT | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1995-06-29 | Effective Date | 1995-06-29 |
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Provisions of the People's Republic of China on Administration of the International Goods Shipping Agency Industry |
|---|
Article 1 These Provisions are formulated for the purpose of regulating
the activities of international goods shipping agents, safeguarding the lawful
rights and interests of the consignee and consignor of imported and exported
goods and of international goods shipping agency enterprises, and promoting
the development of foreign trade.
Article 2 The international goods shipping agency industry cited in these
Provisions refers to the industry in which those agencies are, with the
entrustment of a consignee or consignor and in the name of a client or their
own names, engaged in international goods shipping and related business for
the client and charge a service fee.
Article 3 Any international goods shipping agency enterprise must obtain
a qualification of enterprise as a legal person of the People's Republic of
China in compliance with the law.
Article 4 The competent authority in charge of foreign trade and economic
cooperation under the State Council shall be responsible for the nationwide
supervision and control of the international goods shipping agency industry.
The competent authority in charge of foreign trade and economic
cooperation under the people's governments of provinces, autonomous regions
and municipalities directly under the Central Government and special economic
zones (hereinafter referred to as the local authority in charge of foreign
trade and economic cooperation) shall, according to these Provisions and
within the scope delegated by the competent authority in charge of foreign
trade and economic cooperation under the State Council, be responsible for the
supervision and control of the international goods shipping agency industry
within their own administrative regions.
Article 5 Where any supervision and control is carried out on the
international goods shipping agency industry, the following principles shall
be complied with:
(1) To suit the needs of development of foreign trade and to promote
rational distribution of the international goods shipping agency industry;
(2) To protect fair competition and to promote the improvement of service
quality of the international goods shipping agency industry.
Article 6 Any enterprise engaged as an international goods shipping agent Article 7 If an international goods shipping agency enterprise is to be (1) There are professional personnel who are suited for the business the (2) There is a fixed operating site and necessary operating facilities; (3) There are stable commodity supply markets for imports and exports. Article 8 The minimum amount of registered capital for an international (1) The minimum amount of registered capital for those engaged in marine (2) The minimum amount of registered capital for those engaged in air (3) The minimum amount of registered capital for those engaged in land For any enterprise engaged in more than two items of business in the Whenever a branch of an international goods shipping agency enterprise is Article 9 When an international goods shipping agency enterprise applies If an enterprise directly under departments of the State Council in Article 10 When an international goods shipping agency enterprise is (1) Letter of application; (2) Draft articles of the enterprise constitution; (3) The names, positions and identification papers of the responsible (4) Letter of credit and status of operating facilities; (5) Other documents described by the competent authority in charge of Article 11 The local administrative department in charge of foreign trade The competent authority in charge of foreign trade and economic Article 12 The international goods shipping agency enterprise shall, Article 13 If without reasonable cause the applicant does not start Article 14 The certificate of approval shall be valid for 3 years. The international goods shipping agency enterprise shall, if it is going If any international goods shipping agency enterprise has not renewed the Article 15 If any international goods shipping agency enterprise is to Article 16 If any international goods shipping agency enterprise applies Article 17 An international goods shipping agency enterprise may be (1) Booking cargo space and storage of goods; (2) Monitoring the loading and unloading of goods, assembly and (3) International through transport; (4) International express delivery, with the exception of private letters; (5) Declaration of customs, inspection, examination and insurance; (6) Compiling the relevant bills, paying transportation expenses and (7) Other business of an international goods shipping agency. Any international goods shipping agency enterprise shall engage in International goods shipping agency enterprises may entrust each other Article 18 Any international goods shipping agency enterprise shall abide Article 19 Any international goods shipping agency enterprise shall Article 20 Any international goods shipping agency enterprise shall, Article 21 Any international goods shipping agency enterprise shall, Article 22 No international goods shipping agency enterprise shall engage (1) To carry out operating activities through methods of unfair (2) To lend, rent or transfer the certificate of approval or bills Article 23 If any international goods shipping agency enterprise violates Article 24 If any international goods shipping agency enterprise violates Article 25 Whoever, in violation of the provisions of these Provisions, Article 26 If any violation constitutes a crime, the criminal Article 27 International goods shipping agency enterprises may, according Article 28 These Provisions shall become effective on the date of
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shall abide by the laws and administrative regulations of the People's
Republic of China, and shall be subject to supervision and control by the
relevant industrial administrative department in accordance with the
provisions of relevant laws and administrative regulations.
Chapter II Requirements for Establishment
established, then, according to the characteristics of that industry, the
following requirements shall be satisfied:
international goods shipping agency is engaged in;
goods shipping agency enterprise shall comply with the following requirements:
transportation of international goods shall be five million Renminbi yuan;
transportation of international goods shall be three million Renminbi yuan;
transportation of international goods or international express delivery shall
be two million Renminbi yuan.
preceding paragraph, the minimum amount of registered capital shall be the
highest one among them.
to be established, which will itself act as an international shipping agency,
the registered capital of the international shipping agency enterprise shall
be increased by 500 thousand Renminbi yuan.
Chapter III Procedures for Examination and Approval
for establishment, the applicant shall apply to the local administrative
department in charge of foreign trade where the international shipping agency
enterprise intending to be established will be located, and after the
recommendation of the local administrative department in charge of foreign
trade, the application shall be submitted to the competent authority in charge
of foreign trade and economic cooperation under the State Council for
examination and approval.
Beijing applies for the establishment in Beijing of an international goods
shipping agency enterprise, the application shall be submitted directly to the
competent authority in charge of foreign trade and economic cooperation under
the State Council, and be examined and approved by the competent authority in
charge of foreign trade and economic cooperation under the State Council.
applying for establishment, the following documents shall be submitted:
person and major business personnel;
foreign trade and economic cooperation under the State Council.
shall produce a recommendation within 45 days of receiving the application
letter for establishment of an international goods shipping agency enterprise
and other documents, and shall submit it to the competent authority in charge
of foreign trade and economic cooperation under the State Council.
cooperation under the State Council shall make a decision to approve or reject
the application within 45 days after receiving the application letter for
establishment of an international goods shipping agency enterprise and other
documents, and issue a certificate of approval to those approved international
goods shipping agency enterprises.
according to the provisions of relevant laws and administrative regulations,
go through the procedure of enterprise registration and taxation registration
using the certificate of approval issued by the competent authority in charge
of foreign trade and economic cooperation under the State Council.
business operation within 180 days from the date of receiving the certificate
of approval, the competent authority in charge of foreign trade and economic
cooperation under the State Council shall revoke the certificate of approval.
to continue operation as an international goods shipping agency past the
validity of the certificate of approval, apply for renewal of the certificate
of approval to the competent authority in charge of foreign trade and economic
cooperation under the State Council within 30 days before the expiration of
the certificate of approval.
certificate of approval in compliance with the preceding paragraph, its
qualification to be engaged in international goods shipping agency shall be
revoked automatically with the date of expiration of the certificate of
approval.
stop business, it shall report to the local administrative department in
charge of foreign trade where it is located or to the competent authority in
charge of foreign trade and economic cooperation under the State Council and
submit the certificate of approval for revocation according to the provisions
of Article 9 in these Provisions on procedures for application for approval of
establishment.
for establishment of an international goods shipping agency branch, it shall
be subject to the procedures described in this Chapter.
Chapter IV Business Operation
entrusted with or engage in any or all of the following operational activities:
disassembly of containers;
settling accounts, paying miscellaneous expenses;
operating activities within the approved scope of business operation. If any
of operational activities described in the preceding paragraph is to be
engaged in, and if it shall be subject to registration by the concerned
administrative department according to the provisions of the laws and
administrative regulations concerned, such registration shall be made with the
concerned administrative department.
with the business items described in Paragraph 1 of this Article.
by the operating policy of security, speed, accuracy, economy and convenience,
and provide service for the consignee and consignor of imports and exports.
determine a fee standard according to the relevant provisions of the state,
and shall announce it at its place of business.
while being engaged in business of international goods shipping agency, use
the invoice examined and approved by the taxation authority.
before the end of March each year, submit materials of operating situation of
previous year to the local administrative department in charge of foreign
trade where it is located.
in the following activities:
competition;
concerning business of the international goods shipping agency.
Chapter V Penalty Provisions
the provisions of Article 19 or 21 in these Provisions, it shall be issued a
warning and be ordered to make amends within a specified time period by the
competent authority in charge of foreign trade and economic cooperation under
the State Council; if no amends are made within the specified time period, the
certificate of approval shall be revoked.
the provisions of Paragraph 2 of Article 17, or Article 20 or 22 in these
Provisions, it shall be subject to a warning, ordered to stop business and
make amends, and may even be subject to the revoking of the certificate of
approval; the concerned administrative departments in charge of the
administration of industry and commerce, customs and taxation also may impose
punishment in accordance with the relevant provisions of the laws and
administrative regulations.
engages in business of international goods shipping agency described in
Article 17 of these Provisions without authorization shall have such illegal
operating activities suppressed by the competent authority in charge of
foreign trade and economic cooperation under the State Council, and be subject
to punishment by the administrative department for industry and commerce
according to the relevant provisions of laws and administrative regulations.
responsibility shall be investigated in accordance with law.
Chapter VI Supplementary Provisions
to law, establish an international goods shipping agency industry association;
the association shall provide coordination, guidance and service for its
members in compliance with its Articles.
promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/poaotigsai829