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Regulations of Shanghai Municipality on Waterway Transportation Management
Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the relevant laws and regulations of the state and the actual situation of this Municipality in order to maintain the order of the waterway transportation market in this Municipality, safeguard the legitimate rights and interests of waterway transportation operators, passengers, shippers and other parties, promote the development of waterway transportation, and standardize the administration of waterway transportation. Article 2 These Regulations shall apply to domestic and international waterway cargo transportation, waterway passenger transportation (including tourism transportation) and waterway transportation services (hereinafter referred to as waterway transportation) and related management activities within the administrative area of this Municipality. Article 3 The Traffic Office of Shanghai Municipal People's Government (hereinafter referred to as the municipal traffic administrative department) shall be responsible for the management of waterway transportation in this Municipality and organize the implementation of these Regulations; The traffic administrative departments of Pudong New Area, Jiading District, Minhang District, Baoshan District, Jinshan District and counties [hereinafter referred to as district (county) traffic administrative departments] are responsible for the management of waterway transportation within their respective administrative areas.

Shanghai Waterway Management Office (hereinafter referred to as the Municipal Waterway Office), which belongs to the municipal traffic administrative department, is responsible for the specific management of waterway transportation in this Municipality; The Waterway Management Department (Institute) under the traffic administrative department of the district (county) [hereinafter referred to as the District (county) Waterway Management Department (Institute)] is responsible for the specific management of waterway transportation within its administrative area under the operational guidance of the Municipal Waterway Office.

The relevant administrative departments of this Municipality, as well as maritime safety supervision, ship inspection, customs and other administrative departments shall, in accordance with their respective duties, cooperate in the implementation of these Regulations. Article 4 The management of waterway transportation shall follow the principles of protecting legal operation, maintaining fair competition and adhering to coordinated development, and promote waterway transportation to provide safe, punctual, fast, economical and convenient services for national economic and social development. Article 5 The municipal traffic administrative department shall, according to the needs of economic and social development, formulate the development plan of waterway transportation in this Municipality, and organize the implementation after being approved by the Municipal People's Government. Article 6 Trade associations organized by waterway transport operators according to law shall establish industry self-discipline mechanisms in accordance with laws and regulations; Provide policy and information consulting services for operators, safeguard the legitimate rights and interests of operators, accept the entrustment of the municipal traffic administrative department, and guide the business activities of waterway transport operators; Put forward opinions and suggestions to the municipal traffic administrative department. Chapter II Basic Provisions Article 7 A licensing system shall be implemented for commercial waterway transportation in this Municipality.

Engaged in the business of water transport activities, should be in accordance with the laws, regulations and the provisions of the state administrative department of transportation issued by the water transport, to obtain legal qualifications for water transport business, and operate within the approved business scope. Article 8 The following conditions shall be met for the establishment of waterway cargo transportation and passenger transportation enterprises:

(1) Having a ship suitable for its business scope and holding a valid ship certificate issued by the ship inspection department;

(2) Having corresponding organizations and professionals;

(3) The main crew members hold valid certificates of competency;

(4) Having a fixed business place and necessary facilities; Where passenger transport is operated, it is also necessary to implement the stops along the passenger ship;

(5) Having registered capital suitable for its business scope.

The establishment of individual industrial and commercial households for waterway cargo transportation or passenger transportation shall meet the conditions mentioned in Items (1), (3), (4) and (5) of the preceding paragraph.

If the state stipulates that third party liability insurance, passenger accident insurance and ship insurance must be handled, insurance certificates must also be provided. Article 9 The establishment of a water transport service enterprise shall meet the following conditions:

(1) Having corresponding organizations and professionals;

(2) Having a fixed business place and necessary business facilities;

(3) It has registered capital suitable for its business scope.

The conditions for opening individual industrial and commercial households with water transport services shall be handled in accordance with state regulations. Tenth the establishment of waterway cargo transport, passenger transport enterprises and individual industrial and commercial households must first apply for the preparation, and after the approval of the administrative department of communications, the ship can be prepared and purchased. After the preparation is completed, an application for starting business shall be handled. Eleventh applications for domestic waterway transportation shall be submitted to the Municipal Navigation Office or the local district (county) air traffic control department (institute); To apply for international waterway transportation, it shall be submitted to the municipal traffic administrative department.

The accepting organ shall submit it to the relevant authorities for approval in accordance with the examination and approval authority. The examination and approval authority of this Municipality shall make a written examination and approval decision within the prescribed time limit. If the decision is approved, a water transport license, a water transport service license or relevant approval documents shall be issued respectively according to its business scope.

The establishment of water transport enterprises by foreign investors shall be examined and approved by the municipal administrative department of transportation, and the examination and approval procedures shall be handled in accordance with relevant laws and regulations. Article 12 Anyone who has obtained a water transport license and a water transport service license or approval document shall register with the administrative department for industry and commerce and tax with the certificate or approval document, and can only operate after obtaining a business license and tax registration certificate upon approval. Thirteenth operators engaged in domestic waterway transportation of goods and passengers in this city shall obtain the ship business transportation certificate and relevant business documents from the Municipal Waterway Office according to the ship that has applied for approval.

The ship's business transportation certificate shall be carried with the ship. Article 14 The merger, division or change of business scope of waterway transport operators in this Municipality shall be reported to the original examination and approval authority for approval and then the relevant licenses shall be renewed, and the relevant formalities shall be handled at the administrative departments for industry and commerce and taxation; To change the name, domicile and legal representative of an enterprise, the relevant license documents shall be replaced at the original examination and approval authority at the same time as the corresponding industrial and commercial and tax change registration is handled.