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中华人民共 和国国际货物运输代理业管理规定实施细则(英文版)

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Promulgation date

2004/01/01

Effective region

NATIONAL

Promulgator

Ministry of Commerce

Document no

Announcement of the Ministry of Commerce [2003] No.82

Effectiveness

Effective

Effective date

2004/01/01

Category

General ( Transportation Law->General )



Announcement of the Ministry of Commerce on Detailed Rules for Implementing the Regulations of the People's Republic of China on the Administration of the International Freight Forwarding Industry

Announcement of the Ministry of Commerce [2003] No.82

January 1, 2004

In accordance with the relevant procedures and provisions of the Measures from the Ministry of Commerce for Drafting Laws and Administrative Regulations and Formulating Rules and Normative Documents on the departmental rules and regulations' formulation, and after widely seeking public opinions, the Ministry of Commerce of the People's Republic of China has made a decision on modifying the Detailed Rules for Implementing the Regulation of the People's Republic of China on the Administration of the International Freight Forwarding Industry (for Trial Implementation) (hereinafter referred to as Detailed Rules for Implementation).

The content of
 Article 6 of the former Detailed Rules for Implementation, namely, "The applicant of international freight forwarding agency shall be entities in relation to import and export trade or of international freight forwarding and have a stable supply of goods. The investor in conformity with the above-mentioned requirements shall hold majority shares in the application projection.", shall be modified as: "The shareholders of international freight forwarder may comprise of companies s, natural persons or other economic organizations. The major shareholders shall be companies involved in import and export trade or international freight forwarding and have a stable supply of goods, and shall account for the majority in shares in the international freight forwarding company. No shareholders other than companies may account for the majority shares." In addition, "Ministry of Foreign Trade and Economic Cooperation" and "Ministry of Foreign Economy and Trade" shall be modified as " Ministry of Commerce"; "the relevant administrations of foreign trade and economy" in the former articles shall be modified as "relevant administrations of commerce"; and "local relevant administrations of foreign trade and economy" shall be modified as "local relevant administrations of commerce".

Detailed Rules for Implementing the Regulations of the People's Republic of China on the Administration of the International Freight Forwarding Industry are hereby promulgated anew after the modification and shall be implemented as of the promulgation date

Annex: Detailed Rules for Implementing the Regulations of the People's Republic of China on the Administration of the International Freight Forwarding Industry

Chapter I General Provisions

Article 1 With a view to maintaining the order of the international freight forwarding market, enhancing supervision over the international freight forwarding industry, and promoting the healthy development of the international forwarding industry of our country, the present Detailed Rules are hereby formulated in accordance with the
Administrative Provisions of the People's Republic of China on International Freight Forwarders (hereinafter referred to as the Regulations) as promulgated by the formerMinistry of Foreign Trade and Economic Cooperation upon approval of the State Council on June 29, 1995.

Article 2 An international freight forwarding enterprise (hereinafter referred to as the international freight forwarder) may act as an agent of the consignee or the consignor of import and export cargo, or as an independent operator engaging in international freight forwarding operations.
 
International freight forwarders acting as agents involve in activities whereby, entrusted by the consignee or consignor of import and export cargo or their agents, handles related operations in the name of its clients or its own, and collects agent fees or commissions.
 
International freight forwarders acting as independent operators involve in activities whereby it accepts the entrustment of the consignee, consignor of import and export cargo or their agents, signs and issues transport documents, performs transport contracts and collects transport fees and service charges.

Article 3 The name and logo of an international freight forwarder shall comply with the relevant provisions of the State and with its business operations, and be able to demonstrate the characteristics of the industry. Its name shall contain relevant words such as "freight forwarding", "transport services", "container transport" and "logistics", etc.

Article 4 The "scope of authorization" as prescribed in paragraph 2, Article 4 of the Regulations refers to, with the authorization of the Ministry of Commerce, the responsibility of supervision and administration of the international freight forwarding industry in their respective jurisdictions by the relevant departments of commerce of the People's Government of a province, an autonomous region, a municipality directly under the central government, or a city directly under State planning are (The Ministry of Commerce and the relevant local departments of commerce are hereinafter jointly called the relevant departments in charge of the trade sector), Such
 'scope of authorization' shall cover: preliminary examining of the application of an enterprise for engaging in an international freight forwarding project, the annual inspection and license-change inspection on international freight forwarders, business statistics, training of professionals, guidance of local trade associations in carrying out their work as well as working with relevant local administrative departments in standardizing freight forwarders business behavior and rectifying freight forwarders market operating order 
The international freight forwarding subsidiaries, branches and non-commercial executive offices set up by enterprises directly under the departments of the State Council or by enterprises from other localities in a city directly under State planning (excluding special economic zones), shall, in pursuance of the scope of authorization as prescribed in the preceding paragraph, accept the supervision and administration from the relevant provincial departments of commerce.
 
No other entity may engage in the examining, inspection, approval or administration of the international freight forwarding industry without authorization from the Ministry of Commerce.

Article 5 The Ministry of Commerce shall be responsible for carrying out professional training for the employees of international freight forwarders and conducting inspections on the qualifications of the training institutions. No entity without approval may engage in the qualification training of employees from international freight forwarders. The conditions for the establishment of training institutions and their training contents and teaching materials shall be separately stipulated by the Ministry of Commerce.
 
Professionals engaged in international freight forwarding operations shall accept the training as prescribed in the preceding paragraph. Upon passing the examinations, they can obtain certificates of qualification in international freight forwarding.

Chapter II Conditions for Establishment

Article 6 The applicant for establishing an international freight forwarding company shall be a company,, a natural person or other economic organizations, of which the majority shareholder shall be a company involved in import and export trade or international freight transportation. The company shall have a stable supply of cargo, and shall account for the majority shares in the international freight forwarding company. No shareholders except a company may account for majority shares in the international freight forwarding company.

Article 7 An international freight forwarder shall possess relevant company qualification according to the law of the People's Republic of China. The enterprise's organizational structure shall be a limited liability company or a joint-stock company. Any entity with government granted monopoly shall be prohibited from applying for investing and dealing in international freight forwarding business. Carriers and other enterprises, which engage in unfair competition with the international freight forwarding industry, shall not file an application for handling international freight forwarding operations.

Article 8 The business conditions as prescribed in Article 7 of the Regulations shall include having:
 
1. At least five professionals who have experiences in handling international freight forwarding operations for over three years and whose qualifications have been certified by their previous employers; or, have obtained the certificates of qualifications issued by the Ministry of Commerce according to Article 5 of the present Detailed Rules;
 
2. A fixed place of business, and property rights certificates shall be displayed in the case of self-owned housing and sites; and tenancy contracts shall be displayed in the case of leased housing and sites;
 
3. Necessary operational facilities, including an adequate number of telephones, fax machines, computers, short-distance transport tools, loading and unloading equipment, packaging equipment etc.; and
 
4. A stable supply of import and export cargo which refers to a relatively large quantity of import and export cargo in the present area, and whether the freight forwarding industry has the conditions and potentials for further development, and whether the applying enterprise can obtain a sufficient supply of cargo.

Article 9 In cases where multimode transport business is included in the scope of business of international freight forwarding operations as applied by the enterprise, the following conditions shall be met, in addition to the conditions prescribed in Article 7 of the Regulations and in Articles 6, 7 and 8 of the present Detailed Rules. The enterprise must
 
1.Have been engaged in the relevant operations as listed in Article 32 of this Detailed Rules for more than three years;
 
2.Have corresponding domestic and overseas agent networks; and
 
3.Have international freight forwarding
 bills of lading, which are registered and recorded at the Ministry of Commerce.

Article 10 An international freight forwarder shall, when applying for establishing each subsidiary, increase its registered capital by RMB500,000 accordingly. If the enterprise's registered capital has exceeded the minimum amount as prescribed in the Regulations (RMB 5 million for sea transport, RMB 3 million for air transport and RMB 2 million Yuan for land transport and express delivery), the excess amount can be used as an increase in capital for establishing the subsidiary.

Article 11The "branch organs" as mentioned in the Regulations and the present Detailed Rules refer to the branch companies.

Chapter III Procedures for Inspection and Registration

Article 12 It is imperative to obtain the International Freight Forwarder Approval Certificate of the People's Republic of China (hereinafter referred to as the Approval Certificate) issued by the Ministry of Commerce when handling international freight forwarding operations
 
The entity applying for the International Freight Forwarder Approval Certificate shall submit the following documentation:
 
1.An application letter, specifying the name of the investors, explanations to its qualification and the project
 
2. A feasibility study report, specifying basic information, qualification statement, current conditions, market analysis, business forecasts, establishment procedures, economic budget and development budget, etc.;
 
3. Company and business licenses (Photostat copies) of the investors;
 
4. Resolutions from the board of directors, the minutes of meeting of shareholders meeting or the general assembly of shareholders;
 
5. Statutes or by-laws of the enterprises;
 
6. Information on major professionals working at the freight forwarding entity (including educational experience, majors of study, work experiences, qualification certificates);
 
7. Credit standing certificates (capital verification reports of all the investors issued by accountant firms);
 
8. Agreement on the capital contribution of investors;
 
9. Resume of the legal representative;
 
10.Format of the international freight forwarding bill of lading (transport document);
 
11.Letter of the advanced approval of the enterprise name (Photocopy, issued by the administrative department of industry and commerce);
 
12.The international freight forwarder application form I (Attachment Form I); and
 
13.Transaction terms
With the exception of Items (3) and (11), the above-mentioned documents shall all be submitted in their original texts and annexed with official seals.

Article 13 The relevant departments in charge of the trade sector shall review the following items on all projects applied:
 
1. Necessity of establishing the project;
 
2. Authenticity and integrity of the application documents;
 
3. Qualifications of the applicants;
 
4. Credit standing of the applicants; and
 
5.Qualifications of the professionals.

Article 14 The relevant local departments of commerce shall, after reviewing the projects in application, report to the Ministry of Commerce the preliminary opinions (including the scope and areas of business, and the proportion of capital contributions of investors as suggested for approval, etc.) and all the application documents according to the time limit as prescribed in paragraph 1 of Article 11 of the Regulations for Examination and Approval.

Article 15 The Ministry of Commerce shall reject the application in any of the following circumstances and explain their reasons for the rejection:
 
1. The documentation is incomplete;
 
2 .The submission procedure does not conform with the requirements; or
 
3. When the Ministry of Commerce has circulated a notice, suspending the acceptance of applications for handling international freight forwarding operations.

Article 16 The Ministry of Commerce shall give a reply on the non-approval of applications in any of the following circumstances upon investigation and verification:
 
1.The applicant is not qualified in handling international freight forwarding operations;
 
2.The applicant has been engaging in illegal forwarding operational activities within 5 years before the date of submission, and had been imposed a penalty by the administrative departments of the State;
 
3.The applicant intentionally disguises or gives false information on the submission information; or
 
4.Other conditions which does not conform with the relevant principles of Article 5 of the Regulations.

Article 17 Upon receiving the official reply of approval from the Ministry of Commerce, the applicant shall within 60 days of the date of receiving the reply, submit the revised statutes and by-laws (original copy) of the enterprise to the Ministry of Commerce and obtain the approval certificate upon proof of the introductory letter from the relevant local departments of commerce.

Article 18 An enterprise may apply for expansion of its business scope and field one year after its establishment and its handling of international freight forwarding operations. The relevant local departments of commerce shall, upon review of the application, report to the Ministry of Commerce for approval in accordance with the procedures as prescribed in Article 11 of the Regulations.
 
An enterprise may, one year after its establishment and handling international freight forwarding operations, and on the condition of having developed a certain business scale, apply for the establishment of subsidiaries or branches. The enterprise shall present the opinions of the relevant local departments of commerce of the place where the enterprise is located (letter of opinion solicited from the Ministry of Commerce, for Beijing-based enterprises directly under the departments of the State Council), file an application with the local departments in charge of the local business affairs (excluding cities directly under State planning) where the branches or subsidiaries are to be located; for cities directly under State planning, the application shall be submitted to the Ministry of Commerce for approval in accordance with the provisions of Article 14 of the present Detailed Rules. The business scope of the branches or subsidiaries shall not extend beyond that of its parent company or head office.
 
When setting up a non-commercial executive office, an international freight forwarder shall make a submission to and put on the archival files of the relevant local department in charge of the trade sector at the place where the executive office is located and be subjected to the relevant administration.

Article 19 Enterprises filing an application in accordance with paragraphs 1 and 2 of Article 18 of the present Detailed Rules, shall submit the following documents in addition to the relevant documentations as prescribed in Article 12 of the present Detailed Rules:
 
1. Original official reply on international freight forwarding operations (Photocopy);
 
2. Approval certificate (Photocopy);
 
3.Business license (Photocopy);
 
4.Form II for the Application of International Freight Forwarders (Attachment Form II, Attachment Form I is for the establishment of subsidiaries);
 
5.Operational situation report (inclusive of network construction);
 
6.Resumes of the legal representatives of subsidiaries or the executives of the branches; and
 
7.Registration form for annual examination of the previous year.

Article 20 Enterprises applying for establishing a subsidiary shall, upon receipt of an affirmative reply and within ninety days of the date of the reply, present a legally valid capital verification report as well as the revised statutes and by-laws (the original copy) of the enterprise after the head office has increased the registered capital according to the provisions of Article 10 of the present Detailed Rules. The applicant shall obtain an approval certificate from the Ministry of Commerce upon proof of the introductory letter from relevant local departments of commerce where the branches are to be located.

Article 21 Where an applicant fails to go through the formalities for obtaining the certificate within the prescribed time limit, or fails to start the business operation without justifiable reasons 180 days beyond the date of obtaining the approval certificate, its qualification for dealing in international freight forwarding operations will be invalidated automatically unless an application for extension has been approved.

Article 22 The Ministry of Commerce may, on the basis of the development and overall organization of international freight forwarding industry, decide to suspend the acceptance of applications for dealing in international freight forwarding operations within a period of time OR take restrictive measures.
 
The Ministry of Commerce shall make a public announcement on the decisions made in pursuance of the preceding provisions.

Article 23 International freight forwarder as follows shall report any of the following changes to the Ministry of Commerce for review and approval, and obtain a new approval certificate:
1.Name of the enterprise;
 
2.Type of the enterprise;
 
3.Equity relationship;
 
4.Decrease in the registered capital;
 
5.Business scope; or
 
6.Business areas.
For the following changes, international freight forwarders shall directly obtain another approval certificate from the Ministry of Commerce after reporting and filing a record with them
 
1.Mailing address or place of business;
 
2.Legal representatives;
 
3.Increase in the registered capital; or
 
4.Superior department

Article 24 An international freight forwarder shall undergo the registration formalities upon proof of the approval certificate at the administrative department for industry and commerce and customs.
 
No entity may, without obtaining the approval certificate, use the words "international freight forwarding operation" or other wordings identical or similar to the meaning thereof in its business license for industry and commerce.

Chapter IV Annual Inspection and Change of Certificates

Article 25 The Ministry of Commerce shall implement a system of annual inspection and change of certificates on international freight forwarders.

Article 26 The Ministry of Commerce shall be responsible for the annual inspection on Beijing-based enterprises directly under the departments of the State Council, and for the change of certificates of the international freight forwarders nationally. The relevant local departments of commerce shall be responsible for the annual inspection on the international freight forwarders within their own districts (including the subsidiaries and branches established by enterprises directly under the departments of the State Council and by enterprises from other localities).

Article 27 An international freight forwarder shall submit the annual inspection registration form (Attachment III), capital verification report and business license (Photocopy) to the relevant local department of commerce (Beijing-based enterprises directly under the departments of the State Council shall submit directly to the Ministry of Commerce) before the end of March each year and apply for annual inspection.
 
The annual inspection focuses on the inspection on the management of the enterprises, and their compliance and implementation of the Regulations and other relevant laws, regulations and rules. After the enterprises have passed the annual inspections, the department in charge of the trade sector shall place a seal stating that the enterprise has passed the annual inspection on their approval certificates.

Article 28 The period of validity of the approval certificate is 3 years.
 
An enterprise shall, 60 days before the expiry of the period of validity, file an application with the relevant local department of commerce for renewing the certificate. The enterprise shall submit the following documentation for this renewal process:
 
1. Application form of certificate change. (Attachment Form IV);
 
2. Approval certificate (Original copy); and
 
3. Business license (Photocopy).

Article 29 For enterprises which has passed the annual examination for three consecutive years, the relevant local department of commerce shall submit to the Ministry of Commerce the approval certificate 30 days before the expiration of its period of validity, and apply for a new approval certificate.

Article 30 When an international freight forwarder applies for renewing its certificate, the relevant department in charge of the trade sector shall inspect its operational qualification and situation and shall refuse to grant a new approval certificate in any of the following circumstances:
 
1.Failing to comply with the provisions of Article 27 of this Detailed Rules;
 
2.Failing to punctually go through the formalities for renewing the certificate;
 
3.Transferring shareholder's rights without authorization; or
 
4.Changing of major matters such as the enterprise's name, place of business, and registered capital without authorization and failing to file a record for archival purposes in accordance with the relevant provisions.

Article 31 Enterprises who fail to renew their approval certificate due to its own oversight shall have their qualification for handling international freight forwarding operation invalidated automatically on expiration of its validity. The Ministry of Commerce shall make a public announcement on the circumstances of the above-mentioned enterprise. The administrative departments for industry and commerce shall write off the above-mentioned enterprises or order them to undergo the formalities for the alteration of their scope of business.
 
An enterprise, which has lost its qualification in handling international freight forwarding operations and wish to continue with this business shall file another application in compliance with the relevant provisions.

Chapter V Business Management

Article 32An international freight forwarder may engage in management activities as an agent or an independent operator. Its scope of business shall include:
 
1. Canvassing cargo, booking space (including ship renting, plane chartering and cabin booking), consignment for shipment, warehousing and packaging;
 
2. Supervision on cargo loading and unloading, container stuffing and dismantling, distribution, transit, and related short-distance transport services;
 
3. Custom declaration, commodity inspection and checking, and insurance purchases;
 
4. Making, signing and issuing relevant documents and bills, payment of transport fees, settlement and payment of incidental charges;
 
5. Freight forwarding of international items on display, personal effects and cargo passing through the territory of a country;
 
6. International multimodal transport, and container transport (including container assembling);
 
7. International express delivery (excluding personal letters); and
 
8. Consultation and other international freight forwarding operations.

Article 33 International freight forwarders shall engage in business activities in accordance with the business scope and fields as stipulated in the approval certificates and business licenses.

Article 34 The Ministry of Commerce may, on the basis of the development of the respective industry, entrust the trade associations to formulate the standard transaction clauses by referring to international customs. International freight forwarders may refer to them without the approval of the Ministry of Commerce. The international freight forwarders may formulate transaction clauses by themselves, but they may not use them until the clauses have been placed on record with the Ministry of Commerce.

Article 35 International freight forwarders shall submit their business statistics to the relevant departments in charge of the trade sector, and be responsible for the integrity of the statistical numbers. Measures for the compilation of the business statistics shall be prescribed separately by the Ministry of Commerce.

Article 36 International freight forwarders shall, when accepting entrustment to handle relevant businesses as agents, sign an appointment contract with the import or export consignees or consignors. Any disputes arising between the two parties shall be settled on the basis of the signed appointment contract..
 
International freight forwarders, as independent operators, sign transport documents and bills with the owner of the cargo when engaging in relevant operations as prescribed in Article 32 of the present Detailed Rules. Should a business dispute occur with the owner of the cargo, it shall be settled on the basis of the transport documents and bills as signed by the enterprise. When a business dispute occurs with the actual carrier, it shall be settled on the basis of the transport contract signed with the actual carrier.

Article 37 The international freight forwarding bill of lading used by the international freight forwarders shall be subjected to a registration and numbering system. All the international freight forwarding
 bills of lading signed and issued within the Chinese territory shall be submitted by the international freight forwarders to the Ministry of Commerce for registration and indicated with an approval number. 
International freight forwarders shall enhance the management on their international freight forwarding
 bills of lading. No such bills of lading may be lent out to other parties.. In case of loss or any changes, the international fright forwarders shall report them and put them on archival files at the Ministry of Commerce in time. 
The transfer of an international freight forwarding bill of lading shall meet the following provisions:
 
1. Registered bill of lading: transfer shall be prohibited;
 
2. Order bill of lading: to be transferred after endorsement in full or endorsement in blank;
 
3. Bearer bill of lading: Not required to be endorsed before transfer.
The international freight forwarding bill of lading shall be subject to the system of liability insurance. Their liability insurance shall be covered by an insurance company upon approval of the People's Bank of China.

Article 38 The term of liability of an independent operator of an international freight forwarder performing or organizing international multimodal transport, shall begin from receiving cargos and end on delivering them.. The basis in their undertaking of liabilities, limitations of liability, exemption conditions and preconditions for losing liability restrictions shall be specified in relevant legal provisions.

Article 39 An international freight forwarder shall undertake international freight forwarding operations by the name and the serial number of the enterprise as specified in the approval certificate, and shall print the name and serial number of the enterprise in major office stationeries, documents and bills.

Article 40 No international freight forwarder may use the registered capital within the prescribed scope for other purposes.

Article 41 No international freight forwarder may transfer any international freight forwarding operation rights directly or in disguised form to another party; nor may it allow any other entity or individual to engage in international freight forwarding operations in their name or its business department; nor may it sign any agreement with entities who do not have the international freight forwarding operation right to allow them to handle international freight forwarding operations independently or jointly with it, to collect agent fees, commissions or receive other interests.

Article 42 An international freight forwarder may, as an agent, collect agent fees from the owners of cargo, and may also receive commissions from the carriers. No international freight forwarder may share commission with the owners of cargo in any form.
As an independent operator, an international freight forwarder shall collect fees from the owners of cargo in pursuance of the relevant freight rates when engaging in the operations as prescribed in Article 32 of the present Detailed Rules. Under this circumstance, accepting commissions from actual carriers is prohibited.

Article 43 The China representative office of a foreign enterprise (including that from Hong Kong, Macao, Taiwan regions; the same hereinafter) can only engage in non-direct commercial operations in the form of representation of the enterprise in making business contacts, introducing products, conducting market research, technical exchanges and other business activities within its scope of business.

Article 44 An international freight forwarder shall obtain or purchase invoices from the tax authorities upon proof of the approval certificate, and use them in accordance with the provisions of the tax authorities.

Article 45 No international freight forwarder may engage in business activities by way of issuing false advertisements, sharing commissions, returning rebate or other means of unfair competition.

Chapter VI Penalties

Article 46 In cases where any international freight forwarder has violated the provisions of Articles 19 and 20 of the Regulations and the provisions of paragraph 2 of Article 23, Articles 34, and 35 of the present Detailed Rules, the Ministry of Commerce shall empower the relevant local departments of commerce to issue warnings and order the international freight forwarder to rectify within a prescribed time limit; if it fails to rectify within the prescribed time limit, the relevant local department of commerce may suggest the Ministry of Commerce to revoke its approval certificate.

Article 47 In cases where any international freight forwarder has violated the provisions of paragraph 2 of Article 17, Article 20, and Article 22 of the Regulations and the provisions of paragraph 3 of Article 18, paragraph 1 of Article 23, Articles 24, 27, 33, 36, 37, 39, 40, 41, 42, 43, 44, and 45 of the present Detailed Rules, the relevant local department of commerce shall, upon the authorization of the Ministry of Commerce, and in view of the circumstances, issue warnings, or order the international freight forwarder to cease or reorganize its business operation, or impose other penalties; in serious circumstances, the relevant local department of commerce may suggest the Ministry of Commerce to revoke its approval certificate.
 
Where an enterprise has been imposed a penalty by having their business approval certificate revoked, the enterprise shall change the business license or write-off the business registration accordingly at the administrative department for industry and commerce. And the enterprise may not file another application for handling international freight forwarding operations within 5 years.
 
In cases where an enterprise, has been imposed a penalty of rectifying by ceasing business operation, the following conditions shall be met before resuming their business:
 
1. All required rectifications have been completed;
 
2.The main liable person has been punished;
 
3. Other conditions as required by the relevant departments in charge of the trade sector have been met
The relevant departments in charge of the trade sector shall, after receiving the application of an enterprise for resuming business and relevant written documents, decide whether the business can be resumed before approving the application.

Article 48 Entities engaging in international freight forwarding operations which are in violation of the provisions of the Regulations and the present Detailed Rules are subject to the relevant departments in charge of the trade sector banning any illegal operational activities. The administrative departments for industry and commerce shall impose penalties on such entities in accordance with the provisions of the relevant laws and administrative regulations, and the relevant departments in charge of the trade sector shall announce the ban thereof. The relevant local departments of commerce shall file a record for archival purposes with the Ministry of Commerce after making the announcement. Such entities are prohibited from applying for handling international freight forwarding operations independently or as a participant within 5 years.

Chapter VII Supplementary Provisions

Article 49 The international freight forwarders may, on the basis of their own will, establish international freight forwarding associations (hereinafter referred to as 'trade associations').

Article 50 Trade associations shall be non-profit and non-governmental mass organization with the purpose of serving its members and carrying out work in line with its statutes or by-laws under the supervision and guidance of the relevant department in charge of the trade sector. Its objectives are to for the member enterprises to bolster horizontal links, promote exchange of information, increase mutual collaboration; encourage and supervise member enterprises to operate according to law and regulate their competition, represent the interests of the industry according to the law, safeguard the legitimate rights and interests of the members, and assist the relevant departments of the government in enhancing the administration of the industry so as to facilitate its healthy development.

Article 51 The formulation of standard transaction clauses on the international freight forwarding by the trade associations in accordance with the provisions of Article 34 of the present Detailed Rules shall be reported to the Ministry of Commerce for approval, and for the use of the enterprises in the relevant industry.

Article 52The Regulations and the present Detailed Rules shall be applicable to foreign-funded enterprises serving as agents for international cargo transport, unless other provisions in the relevant laws, regulations and rules on foreign-funded enterprises are available. These provisions shall prevail.

Article 53The Ministry of Commerce shall be responsible for the interpretation of the present Detailed Rules.

Article 54 The present Detailed Rules shall come into force as of the date of promulgation.

 

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