Laws of the People's Republic of China

THE BUSINESS REGULATIONS OF
CHINA OCEAN SHIPPING AGENCY

 (Issued on October 1, 1978)

 

 

SUBJECT: MARITIME LAW

ISSUING-DEPT: MINISTRY OF COMMUNICATION

ISSUE-DATE: 10/01/1978

IMPLEMENT-DATE: 10/01/1978

LENGTH: 1644 words

TEXT:

[Article 1] China Ocean Shipping Agency and its Branches (hereinafter called "this Agency") exclusively act as sole agents for all kinds of ships engaged in international civil service calling at Chinese ports.  These Regulations are laid down for defining the mutual relations and responsibilities and for settlement of accounts.

[Article 2] The scope of business of this Agency:

(1) Attending to the procedure for ship's entry and departure and arranging for pilotage and ship's berth;

(2) Arranging marine survey, ship's repairs and fumigation, cleaning and sweeping of cargo hdds and supply of bunkers, fresh water, provisions, stores etc.

(3) Attending to clearance of containers (with or without chassis or bogie), arranging loading/discharging, stuffing/unstuffing, inspection fumigation, repairs, sweeping and cleaning, and combined transport of containers;

(4) Arranging shipments, booking space, arranging loading/discharging, applying for supervision of loading, inspection, testing, weighing/measuring and fumigation of cargo and arranging settlement of cargo claims and transhipment of through cargo;

(5) Subject to authorization, signing bills of lading and contracts of affreightment: issuing documents relevant to handing/taking over of cargo and/or containers and arranging printing of unified forms of shipping documents;

(6) Booking international sea passages and attending to formalities for passenger's or tourist's embarkation/disembarkation;

(7) Arranging loading/discharging of international mails;

(8) Attending to marine casualties and arranging for Salvage;

(9) Attending to chartering, purchase/sale and/or handing/taking-over of ships; and signing Charter Parties and sales contracts on behalf of the Entrusting Party;

(10) Applying for marine officer's certificates, arranging medical treatment for crew members, and attending to the procedure for replacement and repatriations of crew members;

(11) Computing freight, collecting and effecting payment for account of the Entrusting Party; attending to settlement of despatch money and/or demurrage;

(12) Purchasing and/or forwarding ship's spare parts and stores;

Any business other than those mentioned above may be handled under separate arrangement.

[Article 3] The Entrusting Party having accepted these Regulations may establish agency relations with this Agency on either of the following basis:

(1) Agnecy on long-term basis: Application is to be made to the Head Office of this Agency.  Once agency relation has been established, no further application is needed for ship's subsequent calls at each port on each trip; or

(2) Agency on trip basis: Application is to be made either to the Head Office or to its Branch at the port of call 15 days prior to ship's arrival.  (In case the ship calls at more than one port, it is only necessary to apply once to the Head Office or to the Branch at the first port of call).

Besides the Entrusting Party referred to above, any other party concerned requesting this Agency to handle its business in connection with the same ship is to be deemed the Second Entrusting Party.

[Article 4] For the first call at Chinese ports of ships operated by the Entrusting Party, information should be given in advance to this Agency so as to enable it to submit applications to the parties concerned.  Only after permission being granted shall they be allowed to call.

[Article 5] The Entrusting Party should provide in advance the funds for ship's port disbursements.  Under agency on long-term basis, the Entrusting Party may provide, for voyages, reserve funds of adequate amount to cover ships' disbursements.  However, the Branch will, whenever necessary, request the Entrusting Party to make further remittances.  Under agency on trip basis, the Entrusting Party should remit in full the amount for ship's disbursement as estimated by the Branch at the port(s) of call so early as to ensure its receipt before ship's arrival.

Should expenses exceed the estimated amount, the Entrusting Party, upon being advised, shall make a further remittance at once.  Failing the above the Entrusting Party is held liable for delay of the ship or any other loss or expense resulting therefrom.

[Article 6] The Entrusting Party shall send telegraphically every month before the 15th to the Head Office and to the Branches at the ports of call respectively a ship's schedule for next month (including ship's name, nationality, ports of call, ETA, description and tonnage of cargo to load/discharge number of passengers or tourists, number of empty/loaded containers, available weight/measurement capacity of the ship and/or containers), whereas available capacity of refrigerated space and/or bulk oil tanks should be specifically notified before the 5th of the preceding month.

[Article 7] The Entrusting Party of the Master of the ship shall send to the Branch at the port of call (severally if calling at more than one port) the following documents so early as to be received at least 10 days before ship's arrival:

(1) Ship's Particulars;

(2) Crew List;

(3) Charter Party or other relevant Contracts of Affreightment;

(4) The loading plan for shipments arranged by the Entrusting Party (including cargo description, Contract No., number of packages, kind of packages, weight/measurement, shippers etc.); and Freight Manifest (to be sent promptly to the Branch at the port of loading in order to be received within 15 days after ship's departure therefrom);

(5) Import Freight Manifest (including lists of heavey/lengthy cargo and dangerous cargo), copies of Bills of Lading, Stowage Plan, documents relating to containers and other shipping documents;

(6) Tourist and/or passenger (including through passengers) Lists and Luggage Lists;

In case of any alterations to the contents of the above mentioned documents, correction advice shall be sent in time.  If the voyage is too short for the above mentioned documents (5) and (6) to be received in time, same shall be delivered on ship's arrival, but the following particulars shall be telegraphed by the Entrusting Party or the Master of the ship prior to ship's sailing from the port of departure: last port of call, ETA and purpose of ship's calling (specifying cargo description, weight, number of packages and/or containers, and batch distributions of the cargo to load/discharge, number of passengers, tourists and/or through passengers, particulars of heavy and lengthy cargo, and description, nature, IMCO code No. and location of dangerous cargo).

[Article 8] The Entrusting Party or the Master of the ship shall give the Branch at the port of call, 72 hours' and 24 hours' notice before ship's arrival respectively of the expected date and time of arrival together with the draft fore and aft.  (Only ship's ETA is required in the second notice if the draft remains unchanged.) Further notice shall be given in due time in case of any alteration to ship's ETA within 24 hours.

[Article 9] The Second Entrusting Party shall furnish the Branch at the port of call 10 days before ship's arrival with the Charter Party, Contract of Affreightment Trade Agreement, description and weight of cargo to load/discharge and/or other relevant information.

[Article 10] The Branch shall advise the Entrusting Party and Agents at the next port of call in time of ship's arrival, departure, movements and alteration to ship's schedule in port and shall send promptly, after ship's departure, the documents relating to passengers, cargo, and containers.

[Article 11] In the event of marine casualties or any other extraordinary occurances, the Branch shall inform the Entrusting Party in time and approach the parties concerned with the advice of the Entrusting Party.  In case of emergency, the Branch may, together with the Master of the ship, immediately, refer to the parties concerned for measures to be taken, and keep the Entrusting Party duly informed.

[Article 12] The Entrusting Party shall be responsible for any expenses arising from business intercourse, disbursement of the ship at port as well as from any other work with which this Agency is entrusted.  Should the Entrusting Party request this Agency to have the expenses in question settled by some other parties concerned, it may be done subject to the latter's acknowledgement by telegram to this Agency upon their being thus notified by the former and to the consent of this Agency.  If the parties concerned have any objection to the expenses apportioned or are in arrears with payment of such accounts, the Entrusting Party shall remain responsible for the payment thereof.

[Article 13] For ships under agency on trip basis, the accounts are to be settled and closed per voyage after ship's departure, whereas under agency on long-term basis, accounts are also to be settled per voyage and General Accounts to be submitted monthly.  The Branch shall then expedite preparing and forwarding to the Entrusting Party for settlement a Trip Account together with the following Receipts/Vouchers:

(1) Receipts for dues, taxes or charges collected in compliance with the relevant laws, decrees and port regulations of the People's Republic of China;

(2) Vouchers signed by the representative of the Entrusting Party, Master, Chief officer, Chief Engineer or Purser;

(3) Other vouchers relating to expenses to be borne by or settled with the Entrusting Party.

[Article 14] For Charges and Rates enforced by this Agency see separate booklet.

[Article 15] These Regulations have been approved by the Ministry of Communications of the People's Republic of China and come into force from the date of publication.  The authority for interpretation thereof rests with this Agency.