transport shall be submitted to theMinistry of Communications for examination, verification, and consent; andshall then, in accordance with the provisions of the pertinent laws andregulations, be submitted to the Ministry of Foreign Economic Relationsand Trade for examination and approval.
Article 9The establishment of enterprises that are engaged in the operations ofmaritime international container transport must satisfy the followingconditions:(1) to have transport vessels, transport motor vehicles, transportequipment and other relevant facilities that correspond to their scope ofbusiness and to the needs of their customers;(2) to have the necessary organizational structure, site for setting uptheir business office, and specialized administrative personnel;(3) to have the registered capital and their own working capital thatmeets the requirements of their business operations;(4) to meet other conditions as stipulated by State laws, decrees andregulations governing the establishment of enterprises.Article 10The competent department for communications shall examine, verify andapprove the scope of business operations of the enterprises that haveapplied for the permission to handle maritime international containertransport in light of their sources of funds, the conditions of equipmentand facilities, the standard of administration, and the sources ofcargoes.Article 11The competent department of communications shall issue the approvingdocuments to those enterprises, which have obtained the approval to handlemaritime international container transport. The units that have receivedthe approving documents shall apply and go through the registrationprocedures by presenting the aforesaid approving documents to theadministrative department for industry and commerce, which shall issue thebusiness licences after checking and approving the enterprises'application: and only then shall the enterprises be permitted to startbusiness operations.Cases concerning the establishment of inland transshipment stations andfreight stations that undertake the transport of maritime internationalcontainers shall also be submitted to the Customs for the completion ofthe registration procedures.
【章名】Chapter III Management of Freight Transportation
Article 12The containers used in maritime international container transport shallconform to the provisions and technical standards of the internationalorganization for the standardization of containers, and also to theprovisions of the pertinent international containers convention.The owners and operators of containers shall do a good job in themanagement and maintenance of containers and carry out regularinspections, in order to guarantee the provision of containers that aresuitable for the transportation of cargoes. In case that the provisionsin the second paragraph of this Article have been violated, and, as aresult, goods are damaged or short in number or quantity, the person(s)who is (are) held responsible for this shall bear the liability forcompensation in accordance with the pertinent provisions.Article 13Shippers and enterprises that are engaged in port handling, shallguarantee that the vessels, motor vehicles, handling machinery and toolsare kept in a good technical condition, thereby ensuring thetransportation and safety of containers. In case that shippers andenterprises that are engaged in port handling have violated the provisionsin the first paragraph of this Article, and, as a result, goods aredamaged or short in number or quantity, they shall bear the liability forcompensation in accordance with the pertinent provisions.Article 14Shippers and enterprises that are engaged in port handling shall use thecontainer shipping documents.Article 15Shippers may directly organize the contracting of the transportation ofcontainer goods, and consignors may directly hold business talks withshippers or commission shipping agents for the consignment of import andexport container goods.Article 16Consignors shall submit an accurate report on the names of goods, andtheir property, quantity, weight, and specifications. The goods shipped byconsignment in containers must conform to the requirements of containertransport, and marks on the goods should be obvious and clear.Article 17Consignors or shippers shall, before vanning, carry out a carefulinspection of containers, and containers that might cause an adverseeffect on to the transportation and vanning of goods may not be used.Article 18Containers which are used for shipping such perishables as grains, edibleoils, and frozen food, shall be inspected by the department for commodityinspection and found to be up to the standard before they are used forshipping.
Article 19As soon as container goods have reached their destination, the shippershall promptly send a cargo delivery notice to the consignee; and theconsignee shall, upon receiving the notice, take delivery of goods on thestrength of the bill of lading. In case that the consignee fails to clearthe goods when the prescribed time limit is overdue, or that the consigneefails to return the containers according to the prescribed time limit, thesaid consignee shall be required to pay, in accordance with the pertinentstipulations or with the agreement set forth in the contract, thedemurrage charge for the extended use of containers.Article 20The freight charges for maritime international container transport andother expenses shall be calculated and collected in accordance with theState provisions concerning shipping charges and charge rates. In theabsence of State provisions, the freight charges shall be calculated andcollected in accordance with the prices agreed upon by both parties. Nounits shall be permitted to collect charges at random.Article 21Shippers and enterprises that are engaged in port handling, shall submitperiodical statistical statements on transportation to the competentdepartment for communications.Article 22Various parties that are involved in maritime international containertransport shall, in good time, provide each other with informationconcerning container transport.
【章名】Chapter IV Hand-Over Procedures and Responsibilities
Article 23Shippers and consignors or consignees shall, in accordance with the hand-over method stipulated in the bill of lading, handle the hand-overoperations of containers and container goods at marshalling yards, freightstations, or other places agreed upon by the two parties concerned.Article 24Shippers and enterprises that are engaged in port handling, which takepart in maritime international container transport, shall handle the hand-over operations in accordance with the following provisions:(1) maritime shippers shall handle the hand-over operations alongsidevessel through the tally companies and enterprises that are engaged inport handling;(2) with respect to containers transported by waterways through nodalpoints, the enterprises that engaged in port handling and waterwaycarriers shall handle the hand-over operations alongside vessel;(3) with respect to containers transported by highways through nodalpoints, the enterprises that engaged in port handling and highway carriersshall handle the hand-over operations at the gate of the containerterminal;(4) with respect to containers transported by railway through nodalpoints, the enterprises that engaged in port handling or highway carriersand railway carriers shall handle the hand-over operations at the site ofhandling.Article 25While handling the hand-over operations of containers, the two handlingparties shall check the container numbers, the bodies of containers andthe containers' marking seals. The loaded containers shall be handed overby their marking seals and by the condition of container body: and theempty containers shall be handed over by condition of container body.After checking the container numbers, the bodies of containers and themarking seals, the two handling parties shall make