Interpretation of the Ministry of Transport: "Domestic water transport management qualification management...
Since the promulgation and implementation of the Regulations on the Qualifications of Domestic Ship Transportation Management (No. 1 of the Ministry of Communications, hereinafter referred to as the “original regulationsâ€) since 2001, it has played an active role in improving the overall quality and industry competitiveness of domestic water transport operators. The role. Since the implementation of the original regulations for seven years, the domestic shipping industry has made considerable progress, but it has also faced many new problems, and it is urgent to study and solve them. In order to further improve the operation and management level of domestic water transport operators, better protect transportation safety, and enhance the competitiveness of the domestic shipping industry, the Ministry of the Ministry of the People's Republic of China revised the regulations and issued a new "Domestic" on May 26, 2008. Regulations on the Administration of Waterway Transportation Operation Qualifications (Order No. 2 of the Ministry of Transport, 2008, hereinafter referred to as the “Regulationsâ€), shall be implemented as of August 1, 2008.
The development of domestic waterway transportation in the past seven years has been implemented for seven years, and the domestic shipping industry has made considerable progress. In 2007, domestic waterway transportation completed a total of 2.22 billion tons of cargo and 1.56 trillion tons of cargo turnover. The passenger volume was 228 million passengers and the passenger turnover was 7.778 billion kilometers. Freight volume and freight turnover were 2.23 times and 2.36 times respectively in 2000, and passenger traffic and passenger traffic turnover also rebounded year by year. By the end of 2007, the country had 9,322 coastal transport vessels with a net load of 24.506 million tons; inland river transport vessels of 180,200, with a net load of 5,266,500 tons, and the combined net deadweight of coastal and inland vessels was 2.7 times that of 2000. The average tonnage of a single ship is 2.48 times (coastal) and 3.12 times (inland) in 2000. The main body of domestic waterway transportation is further diversified, and private shipping enterprises are developing rapidly. In recent years, the number of newly approved enterprises entering the domestic coastal and inland shipping market is about 200 each year. By the end of 2007, there were about 1,600 shipping companies operating domestic coastal transportation and about 2,800 enterprises operating inland water transportation. The transportation of coastal transportation and inland river passenger transportation and bulk liquid dangerous goods has been fully realized. The pace of enterprise management of inland rivers and ordinary cargo ships is accelerating. The number of inland river vessels that were originally operated by individuals has dropped from 125,000 in 2000 to the present. Less than 80,000 ships.
The necessity of this revision:
At the same time of the rapid development of the domestic shipping industry, it is constantly facing new problems. In recent years, the central government's new requirements for "implementing the scientific development concept and building a resource-saving and environment-friendly society" have put forward higher requirements for the management of the domestic shipping industry. Promote the rational allocation of social resources, avoid redundant construction and low-level blind competition, ensure the safety of shipping, promote the coordinated development of people and society, and become a new topic to further regulate the development of the domestic shipping industry. The promulgation and implementation of the Administrative Licensing Law also puts forward corresponding requirements for further standardizing market access management and strengthening dynamic supervision after access. In addition, water traffic accidents have occurred in recent years, and leaders at all levels have also requested further improvement of market access standards for the domestic shipping industry. In order to adapt to this change, it is urgent to revise the original regulations, further improve market access standards, improve the overall development level and competitiveness of the domestic shipping industry, and ensure transportation safety.
First, it is necessary to adjust the market access conditions set in the original regulations. The original regulations put forward specific qualification conditions for operating domestic waterway transportation in terms of the scale of ship capacity, personnel and organizational equipment, and strengthened the access management of domestic waterway transportation. However, with the development of the domestic shipping industry, the original market access conditions can no longer meet the needs of the sound and rapid development of the national economy. The outstanding performance is still low in the access standards, resulting in too many domestic water transport operations, and the scale is relatively weak. Therefore, it is urgent to revise the market access conditions, further improve market access standards, improve the overall development level and competitiveness of the domestic shipping industry, and ensure transportation safety.
Second, it is necessary to further strengthen the requirements in the industry management system and market supervision system. Management qualification management is a dynamic process and should be carried out throughout the operation of water transport operations. However, the original regulations have mainly stipulated the operational qualifications of the links, and there is no corresponding regulation on the supervision of the maintenance of the qualifications after the entry, and there are cases of “re-approval and light managementâ€. It is necessary to increase the corresponding content through revision and improve the regulatory measures.
Third, it is necessary to supplement and improve the corresponding specific penalties for domestic water transport operators who fail to meet the operational qualifications. In the original regulations, only those operators who failed to meet the qualifications for business qualifications were required to rectify within a time limit, and no specific penalties were imposed. The operability in the actual implementation process was not strong. In order to ensure the integrity of the regulations and facilitate the actual implementation, the corresponding content should also be added through revision.
The main contents of the revision of the Regulations:
(I) Market access conditions This revision maintains the original rules for setting market access conditions in terms of ship capacity, major management personnel and organizational equipment, but has made appropriate adjustments to specific access conditions.
First, in addition to the requirement to obtain the corporate legal person qualification in addition to the operation of the inland river general cargo ship, the original regulation must be adjusted to operate a single ship of more than 600 tons of inland river general cargo ships must be implemented in an enterprise. This policy adjustment will help guide the development of inland river individual shipowners in the direction of enterprise, and solve the problem of low organizational level in the development of the inland shipping industry.
The second is to substantially increase the scale requirements of enterprise ship capacity. On the one hand, the original requirements for the establishment of shipping enterprises have a low minimum capacity, resulting in a relatively small scale of enterprises, weak anti-risk ability, and weak overall competitiveness, which is not conducive to the rational allocation of social resources. On the other hand, according to the original regulations and relevant explanatory documents, the scale of enterprise capacity calculation includes ships owned by enterprises and light leases, but the proportion of own ships is not clearly defined, resulting in the occupation of some enterprises. The proportion is very low, and even the “empty shell company†that accepts the “ownership†operation of the shipowner who has no business qualifications in various forms has disturbed the market order and has great security risks. This revision has greatly increased the requirements for the minimum capacity of enterprises. For example, the operation of coastal general cargo ships has been adjusted from 2000 tons to 2000 tons (about 3,000 dead tons). It is also stipulated that the minimum capacity scale only calculates the company's own ship, and the shared ship registered under the name of the enterprise can only be recognized as a self-owned ship if the enterprise occupies more than 50% of the total share of the ship.
The third is to link the number of full-time management personnel such as shipping and aircraft services equipped by the enterprise to the shipping capacity of the enterprise. According to the original regulations, shipping companies should be equipped with full-time maritime and maintenance managers, but the number of management personnel is not linked to the number of ships operated by the company. In actual operation, many enterprises rely on one or two maritime and maintenance managers to manage a large number of ships, which cannot guarantee the management in place, which is not conducive to the safety of shipping production. To this end, this revision has established corresponding standards with reference to the number of ships managed by sea and maintenance managers of COSCO and China Shipping, which have the strongest management capabilities in China's shipping industry and the most advanced auxiliary technologies.
Fourth, this revision deletes the qualification requirements of shareholders who apply for passenger and liquid cargo dangerous goods transportation in the original required access conditions. According to the original regulations, the newly established passenger transport and liquid cargo dangerous goods transport enterprises are required to have at least one shareholder holding more than 25% of the shares with more than 3 years of corresponding transportation and operation experience. The starting point of this regulation is to introduce the management and management experience of the business-qualified enterprises, especially the safety management experience, to the newly established company to promote the establishment and implementation of the new company's various safety management systems. However, in practice, this provision is basically in the form. Many existing companies obtain business qualifications for newly established companies by fraudulently investing or withdrawing capital, or they are not affected by the low share of the new company, and they are not operating the new company. Safety management guides. Our department made further requirements in 2006 through the form of normative documents, but since this involves the operation and management of assets within the enterprise, the competent authorities of the industry lack effective means of supervision, and the actual implementation effect is not satisfactory. At the same time, it is considered that the safety management system established by the passenger and liquid cargo dangerous goods transportation enterprises in accordance with the "Domestic Ship Safety Operation and Pollution Prevention Management Rules" can better solve the original intention of the original provisions. Therefore, this revision removes this access condition while improving market access standards in other areas.
In addition, in accordance with the requirements of the Administrative Licensing Law, the "Regulations" have concentrated on the relevant contents of the examination and approval of business qualifications, standardized all aspects of the examination and approval of business qualifications, and provided legal guarantees for strengthening the management of market access, while enabling the parties. It is easier and clearer to understand the conditions and materials required to apply for domestic waterway transportation business qualifications, and help to standardize administrative licenses.
(II) Regulatory aspects after market access The “Regulations†focused on strengthening the supervision of domestic water transport operators after access, improving the management system and supervision system, and further clarifying the qualifications of the competent transport authorities at all levels for domestic water transport operations. The division of responsibilities in supervision. Business qualifications are not only the management of the access process, but more importantly, the qualifications in the follow-up business activities. Since 2006, the Ministry has successively put forward some requirements for the establishment of dynamic management of business qualifications through normative documents. This revision has carried out a series of system design on the dynamic supervision of business qualifications, established a dynamic reporting system for domestic waterway transportation operations, a supervision and inspection system and an early warning system, etc., and strengthened the market supervision mechanism. The "Regulations" clarify the supervisory responsibilities of the traffic administrative department where the operator is located, and pay better attention to market access and daily supervision.
(3) Penalties for failing to meet the qualifications for business qualifications In order to solve the problem that the operators cannot maintain after obtaining the qualifications for operation, the "Regulations" clarify that they cannot be maintained after obtaining the qualifications for operation according to relevant laws and regulations, and still fail to achieve after the rectification. If the domestic waterway transport operator who meets the qualification requirements for business qualifications finds that he no longer has safe production conditions, he shall revoke the original approval. The "Regulations" also set corresponding penalties for other violations of business qualification management.
How to implement the "Regulations"?
First of all, we must study hard and understand the contents of the Regulations. The competent traffic authorities at all levels shall, in the correct understanding and mastery of the spirit of the new "Regulations", disclose the relevant contents to the government affairs in accordance with the requirements of the "Regulations on the Implementation of Traffic Administrative Licenses" (No. 10 of the Ministry of Communications). The competent department of transportation shall take various forms in light of the actual situation and conscientiously and conscientiously do a good job in publicizing and implementing the new "Regulations". It is necessary for the majority of domestic waterway transport operators to be familiar with the contents of the "Regulations" and ensure that the requirements of the "Regulations" fall. To be practical.
Second, we must implement administration according to law and further strengthen market access management. Market access is the first step to regulate the order of the shipping market. It is also a key link to control the safety of water transportation and protect the environment from the source. It is also an important aspect to test the administrative capacity of the competent government departments. The competent departments of transportation at all levels should further enhance their sense of responsibility, strengthen leadership, and work in a down-to-earth manner, conscientiously implement the requirements of the "Regulations" and strictly control market access.
Third, we must take measures to implement responsibilities and strengthen the dynamic supervision of business qualifications. According to the "Regulations", the competent transportation department of the operator's location is the first responsible body for the dynamic supervision of business qualifications. It is necessary to fully understand the importance of this work, establish the concept of equal emphasis on market access and follow-up supervision, and earnestly perform duties and safeguard the provisions. The various regulatory measures required are implemented. The provincial-level traffic authorities shall strengthen the guidance on the supervision work within the province (autonomous regions and municipalities), and supervise and inspect the grass-roots management departments to perform their supervisory duties. The "Regulations" clarify two forms of supervision and inspection of business qualifications. Traffic authorities at all levels must continue to do annual verification and irregular spot checks in accordance with the existing regulations of the Ministry, strengthen dynamic supervision, and establish operational qualification early warning systems as required. .
The development of domestic waterway transportation in the past seven years has been implemented for seven years, and the domestic shipping industry has made considerable progress. In 2007, domestic waterway transportation completed a total of 2.22 billion tons of cargo and 1.56 trillion tons of cargo turnover. The passenger volume was 228 million passengers and the passenger turnover was 7.778 billion kilometers. Freight volume and freight turnover were 2.23 times and 2.36 times respectively in 2000, and passenger traffic and passenger traffic turnover also rebounded year by year. By the end of 2007, the country had 9,322 coastal transport vessels with a net load of 24.506 million tons; inland river transport vessels of 180,200, with a net load of 5,266,500 tons, and the combined net deadweight of coastal and inland vessels was 2.7 times that of 2000. The average tonnage of a single ship is 2.48 times (coastal) and 3.12 times (inland) in 2000. The main body of domestic waterway transportation is further diversified, and private shipping enterprises are developing rapidly. In recent years, the number of newly approved enterprises entering the domestic coastal and inland shipping market is about 200 each year. By the end of 2007, there were about 1,600 shipping companies operating domestic coastal transportation and about 2,800 enterprises operating inland water transportation. The transportation of coastal transportation and inland river passenger transportation and bulk liquid dangerous goods has been fully realized. The pace of enterprise management of inland rivers and ordinary cargo ships is accelerating. The number of inland river vessels that were originally operated by individuals has dropped from 125,000 in 2000 to the present. Less than 80,000 ships.
The necessity of this revision:
At the same time of the rapid development of the domestic shipping industry, it is constantly facing new problems. In recent years, the central government's new requirements for "implementing the scientific development concept and building a resource-saving and environment-friendly society" have put forward higher requirements for the management of the domestic shipping industry. Promote the rational allocation of social resources, avoid redundant construction and low-level blind competition, ensure the safety of shipping, promote the coordinated development of people and society, and become a new topic to further regulate the development of the domestic shipping industry. The promulgation and implementation of the Administrative Licensing Law also puts forward corresponding requirements for further standardizing market access management and strengthening dynamic supervision after access. In addition, water traffic accidents have occurred in recent years, and leaders at all levels have also requested further improvement of market access standards for the domestic shipping industry. In order to adapt to this change, it is urgent to revise the original regulations, further improve market access standards, improve the overall development level and competitiveness of the domestic shipping industry, and ensure transportation safety.
First, it is necessary to adjust the market access conditions set in the original regulations. The original regulations put forward specific qualification conditions for operating domestic waterway transportation in terms of the scale of ship capacity, personnel and organizational equipment, and strengthened the access management of domestic waterway transportation. However, with the development of the domestic shipping industry, the original market access conditions can no longer meet the needs of the sound and rapid development of the national economy. The outstanding performance is still low in the access standards, resulting in too many domestic water transport operations, and the scale is relatively weak. Therefore, it is urgent to revise the market access conditions, further improve market access standards, improve the overall development level and competitiveness of the domestic shipping industry, and ensure transportation safety.
Second, it is necessary to further strengthen the requirements in the industry management system and market supervision system. Management qualification management is a dynamic process and should be carried out throughout the operation of water transport operations. However, the original regulations have mainly stipulated the operational qualifications of the links, and there is no corresponding regulation on the supervision of the maintenance of the qualifications after the entry, and there are cases of “re-approval and light managementâ€. It is necessary to increase the corresponding content through revision and improve the regulatory measures.
Third, it is necessary to supplement and improve the corresponding specific penalties for domestic water transport operators who fail to meet the operational qualifications. In the original regulations, only those operators who failed to meet the qualifications for business qualifications were required to rectify within a time limit, and no specific penalties were imposed. The operability in the actual implementation process was not strong. In order to ensure the integrity of the regulations and facilitate the actual implementation, the corresponding content should also be added through revision.
The main contents of the revision of the Regulations:
(I) Market access conditions This revision maintains the original rules for setting market access conditions in terms of ship capacity, major management personnel and organizational equipment, but has made appropriate adjustments to specific access conditions.
First, in addition to the requirement to obtain the corporate legal person qualification in addition to the operation of the inland river general cargo ship, the original regulation must be adjusted to operate a single ship of more than 600 tons of inland river general cargo ships must be implemented in an enterprise. This policy adjustment will help guide the development of inland river individual shipowners in the direction of enterprise, and solve the problem of low organizational level in the development of the inland shipping industry.
The second is to substantially increase the scale requirements of enterprise ship capacity. On the one hand, the original requirements for the establishment of shipping enterprises have a low minimum capacity, resulting in a relatively small scale of enterprises, weak anti-risk ability, and weak overall competitiveness, which is not conducive to the rational allocation of social resources. On the other hand, according to the original regulations and relevant explanatory documents, the scale of enterprise capacity calculation includes ships owned by enterprises and light leases, but the proportion of own ships is not clearly defined, resulting in the occupation of some enterprises. The proportion is very low, and even the “empty shell company†that accepts the “ownership†operation of the shipowner who has no business qualifications in various forms has disturbed the market order and has great security risks. This revision has greatly increased the requirements for the minimum capacity of enterprises. For example, the operation of coastal general cargo ships has been adjusted from 2000 tons to 2000 tons (about 3,000 dead tons). It is also stipulated that the minimum capacity scale only calculates the company's own ship, and the shared ship registered under the name of the enterprise can only be recognized as a self-owned ship if the enterprise occupies more than 50% of the total share of the ship.
The third is to link the number of full-time management personnel such as shipping and aircraft services equipped by the enterprise to the shipping capacity of the enterprise. According to the original regulations, shipping companies should be equipped with full-time maritime and maintenance managers, but the number of management personnel is not linked to the number of ships operated by the company. In actual operation, many enterprises rely on one or two maritime and maintenance managers to manage a large number of ships, which cannot guarantee the management in place, which is not conducive to the safety of shipping production. To this end, this revision has established corresponding standards with reference to the number of ships managed by sea and maintenance managers of COSCO and China Shipping, which have the strongest management capabilities in China's shipping industry and the most advanced auxiliary technologies.
Fourth, this revision deletes the qualification requirements of shareholders who apply for passenger and liquid cargo dangerous goods transportation in the original required access conditions. According to the original regulations, the newly established passenger transport and liquid cargo dangerous goods transport enterprises are required to have at least one shareholder holding more than 25% of the shares with more than 3 years of corresponding transportation and operation experience. The starting point of this regulation is to introduce the management and management experience of the business-qualified enterprises, especially the safety management experience, to the newly established company to promote the establishment and implementation of the new company's various safety management systems. However, in practice, this provision is basically in the form. Many existing companies obtain business qualifications for newly established companies by fraudulently investing or withdrawing capital, or they are not affected by the low share of the new company, and they are not operating the new company. Safety management guides. Our department made further requirements in 2006 through the form of normative documents, but since this involves the operation and management of assets within the enterprise, the competent authorities of the industry lack effective means of supervision, and the actual implementation effect is not satisfactory. At the same time, it is considered that the safety management system established by the passenger and liquid cargo dangerous goods transportation enterprises in accordance with the "Domestic Ship Safety Operation and Pollution Prevention Management Rules" can better solve the original intention of the original provisions. Therefore, this revision removes this access condition while improving market access standards in other areas.
In addition, in accordance with the requirements of the Administrative Licensing Law, the "Regulations" have concentrated on the relevant contents of the examination and approval of business qualifications, standardized all aspects of the examination and approval of business qualifications, and provided legal guarantees for strengthening the management of market access, while enabling the parties. It is easier and clearer to understand the conditions and materials required to apply for domestic waterway transportation business qualifications, and help to standardize administrative licenses.
(II) Regulatory aspects after market access The “Regulations†focused on strengthening the supervision of domestic water transport operators after access, improving the management system and supervision system, and further clarifying the qualifications of the competent transport authorities at all levels for domestic water transport operations. The division of responsibilities in supervision. Business qualifications are not only the management of the access process, but more importantly, the qualifications in the follow-up business activities. Since 2006, the Ministry has successively put forward some requirements for the establishment of dynamic management of business qualifications through normative documents. This revision has carried out a series of system design on the dynamic supervision of business qualifications, established a dynamic reporting system for domestic waterway transportation operations, a supervision and inspection system and an early warning system, etc., and strengthened the market supervision mechanism. The "Regulations" clarify the supervisory responsibilities of the traffic administrative department where the operator is located, and pay better attention to market access and daily supervision.
(3) Penalties for failing to meet the qualifications for business qualifications In order to solve the problem that the operators cannot maintain after obtaining the qualifications for operation, the "Regulations" clarify that they cannot be maintained after obtaining the qualifications for operation according to relevant laws and regulations, and still fail to achieve after the rectification. If the domestic waterway transport operator who meets the qualification requirements for business qualifications finds that he no longer has safe production conditions, he shall revoke the original approval. The "Regulations" also set corresponding penalties for other violations of business qualification management.
How to implement the "Regulations"?
First of all, we must study hard and understand the contents of the Regulations. The competent traffic authorities at all levels shall, in the correct understanding and mastery of the spirit of the new "Regulations", disclose the relevant contents to the government affairs in accordance with the requirements of the "Regulations on the Implementation of Traffic Administrative Licenses" (No. 10 of the Ministry of Communications). The competent department of transportation shall take various forms in light of the actual situation and conscientiously and conscientiously do a good job in publicizing and implementing the new "Regulations". It is necessary for the majority of domestic waterway transport operators to be familiar with the contents of the "Regulations" and ensure that the requirements of the "Regulations" fall. To be practical.
Second, we must implement administration according to law and further strengthen market access management. Market access is the first step to regulate the order of the shipping market. It is also a key link to control the safety of water transportation and protect the environment from the source. It is also an important aspect to test the administrative capacity of the competent government departments. The competent departments of transportation at all levels should further enhance their sense of responsibility, strengthen leadership, and work in a down-to-earth manner, conscientiously implement the requirements of the "Regulations" and strictly control market access.
Third, we must take measures to implement responsibilities and strengthen the dynamic supervision of business qualifications. According to the "Regulations", the competent transportation department of the operator's location is the first responsible body for the dynamic supervision of business qualifications. It is necessary to fully understand the importance of this work, establish the concept of equal emphasis on market access and follow-up supervision, and earnestly perform duties and safeguard the provisions. The various regulatory measures required are implemented. The provincial-level traffic authorities shall strengthen the guidance on the supervision work within the province (autonomous regions and municipalities), and supervise and inspect the grass-roots management departments to perform their supervisory duties. The "Regulations" clarify two forms of supervision and inspection of business qualifications. Traffic authorities at all levels must continue to do annual verification and irregular spot checks in accordance with the existing regulations of the Ministry, strengthen dynamic supervision, and establish operational qualification early warning systems as required. .
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