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| Interim Measures for the Examination and Approval of Wholly Foreign-funded Shipping Companies | | 外商独资船务公司审批管理暂行办法 |
(Ministry of Foreign Trade and Economic Cooperation, Ministry of Communications January 28, 2000) | |
（二０００年一月二八日 外经贸部、交通部） |
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| Article 1 For the purposes of regulating the investment and business activities of foreign shipping companies in the People's Republic of China and protecting the legitimate rights and interests of investors, these Measures are formulated in accordance with the provisions of the Law of the People's Republic of China on Foreign-funded Enterprises and the relevant shipping regulations. | | 第一条 为了规范对外国航运公司在中华人民共和国的投资经营行为，保护投资者合法权益，根据中华人民共和国外商投资企业法和有关航运法规的规定，制定本办法。 |
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| Article 2 These Measures shall apply to the wholly foreign-funded shipping companies established in China by foreign shipping companies. | | 第二条 外国航运公司在华设立独资公司，适用本办法。 |
The term “foreign shipping companies” as mentioned in the preceding paragraph refers to the shipping enterprises established in foreign countries under the laws thereof (hereinafter referred to as foreign shipping companies). | |
前款所称外国航运公司，是指依照外国法律，在外国设立的航运企业（以下简称外国航商）。 |
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| Article 3 The Ministry of Foreign Trade and Economic Cooperation (hereinafter referred to as the MOFTEC) and the Ministry of Communications of the People's Republic of China shall be responsible for the examination and approval of the establishment, by foreign shipping merchants, of wholly foreign-funded shipping companies in China. | | 第三条 中华人民共和国对外贸易经济合作部（以下简称外经贸部）和交通部负责外国航商在华设立独资船务公司的审批。 |
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| Article 4 The establishment, by foreign shipping merchants, of wholly foreign-funded shipping companies in China shall subject to the examination and approval in strict accordance with the marine shipping agreements entered into between the Chinese Government and the governments of the countries where the foreign shipping merchants are located as well as the relevant legal documents. | | 第四条 外国航商在华设立独资船务公司，必须依据我国政府同外国航商所在国政府签定的海运协定及相关法律文件进行审批。 |
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| Article 5 To apply for establishing a wholly foreign-funded shipping company in China, a foreign shipping company that shall satisfy the following conditions: | | 第五条 设立独资船务公司，申请者须具备下列条件： |
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| (1)Having been engaged in the shipping business for 15 years or more; | | （一）具有１５年以上从事航运的资历； |
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| (2)Having a resident representative office that has been in existence for 3 full years in the port city, in which it intends to establish a shipping company, since the date of approval of its establishment by the Ministry of Communications; | | （二）在拟设独资船务公司的港口城市设立经交通部批准的常驻代表机构满３年； |
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| (3) Its liner vessels must call at least once a month at the port city where it intends to establish a wholly foreign-funded shipping company (those foreign shipping companies shall be regarded as having satisfied the condition if and when they operate shipping lines in the forms of cooperation such as jointly dispatching ships, exchanging shipping space or joint operations, etc. upon attainment of the right to operate shipping lines); a foreign shipping merchant that operates unscheduled shipments must have secure and reliable sources of cargoes; and | | （三）其班轮船舶至少每月挂靠拟设独资船务公司所在城市港口一次（以共同派船、舱位互换、联合经营等合作形式经营航线，经批准取得航线经营权的，视同满足本条件）；经营不定期船运输的外国航商，须在中国有稳定的货源； |
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| (4)It has no record of violation of any Chinese law, administrative regulation, rules or regulation for 2 consecutive years. | | （四）在中国的经营活动连续２年没有违反中国法律和行政法规、规章规定的行为。 |
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Article 6 To set up a wholly foreign-funded shipping company in China, an applicant shall submit the following documents:
．．．．．． | | 第六条 申请设立独资船务公司，申请者应提交下列文件：
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