国际集装箱班轮运输运价报备制度实施办法.doc
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1、1Guidance on NVOCC Freight Filing OperationI. General Provisionsi. For the purpose of regulating the pricing activities of international container transport market in China, promoting fair competition and protecting the legitimate rights and interests of all parties concerned, the operational guidan
2、ce is formulated according to the Regulations of the Peoples s Republic of China on International Maritime Transportation and the Implementing Rules for NVOCC Freight Filing of the Ministry of Transport (hereinafter referred to as the MOT). ii. All operators holding the NVOCC Operation Qualification
3、 Certificate issued by the MOT and engaged in NVOCC business shall file their freight rates. NVOCC operators holding the NVOCC Operation Qualification Certificate but with no qualification as the independent legal entity may have their freight rates filed by the parent companies, or file the freight
4、 rates by themselves under authorization of their parent companies. Overseas NVOCC operators may file freight rates at Shanghai Shipping Exchange (abbreviated as SSE) or via their agents. iii. Freight rates to be filed must be the tariff rates (range).Tariff rates (range) refer to the freight rates
5、stated on freight tariff by NVOCC operators. The range to be filed means the upper limit and lower limit of quotations in form of tariff rates. The ranges to be filed should be normal and reasonable and higher than the negotiated rates in service contracts signed with liner companies. iv. For freigh
6、t filing, the uniform filing tables (electronic version) are to be used (available at SSEs websites and ).2v. Tariff rates are to be filed as per CY/CY term and in case of failure to do so, explanation shall be given in the column of “Remarks” in the freight filing tables.vi. The contents of freigh
7、t filing by obligators shall be consistent with the freight rates in actual business operations. vii. The changed freight ranges must be filed once more. After the filed rates are accepted, NVOCC operators shall not propose new freight rates unless the filed rates have entered into force. viii. NVOC
8、C operators shall, in case of withdrawal the operating routes (ports), notify SSE ten days in advance and SSE is to cancel the filed rates on the same day when such withdrawal happens. ix. The filed rates accepted by SSE are to take effect since the following time:1. 30 days after acceptance of file
9、d freight rates (ranges);2. 24 hours after acceptance of filed surcharges;3. filing for the first time shall immediately enter into force.x. NVOCC operators shall clearly list ocean freights and all surcharges in their freight manifests. xi. NVOCC operators shall implement the filed and valid freigh
10、t rates. xii. The filed freight rates to enter into force are publicized at SSEs websites and . 3xiii. The freight rates to be filed shall be the rates to base ports. The base ports are defined by the MOT. II. Freight Filing Proceduresi. Before initial filing, NVOCC operators are to download the NV
11、OCC Freight Filing Application Form at SSEs websites and , fill it up and mail or fax to SSE with stamp of NVOCC operators. ii. NVOCC operators are to download the Freight Filing Form (electronic version) at SSEs websites and , fill it up as per the requirements of the Guidance (also available at
12、these two websites) and file at SSE via the designated email address. iii. SSE is to check the filing format within 24 hours after receiving freight filings and send email receipt for accepted freight rates. The time of receiving email of freight filing is deemed as the time of filing acceptance. SS
13、E is to notify the filing staff of NVOCC of any failure to pass checking or invalid filing and require filing of freight rates once more. iv. NVOCC operators are to confirm the email receipts sent by SSE within 24 hours after freight filing to testify the validity of filing. III. Explanation of Fili
14、ng Application Form i. At the same time of tendering the application form of freight filing, NVOCC operators shall tender the copy of the original Certificates of Registration of NVOCC Operation Qualification;ii. The contents in the application form such as “Full Name of Company (Chinese)”, “Full Na
15、me of Company (English)”, “No. of Qualification License of NVOCC”, “Registration 4Business Place of NVOCC”, etc. shall be consistent with those of the Qualification License of NVOCC; the name information in a stamp of NVOCC company shall be consistent with the “Full Name of Company”. The signature o
16、f the person in charge of NVOCC company shall be marked with his/her names and titles in print.iii. The overseas NVOCC business operator shall, in case of entrusting its agent filing freight rates, issue the authorization letter of freight filing (see the appendix for the sample).The “Company Addres
17、s” column of application form is to be filled with the overseas business address of NVOCC. The name, address, telephone No., Fax No., etc. of the agent are to be filled in the corresponding spaces of contact in the application form. iv. A NVOCC that holds the qualification license but has no indepen
18、dent legal entity may have its freight rates filed by the head office or file the rates upon authorization of the head office.If the NVOCC subsidiary has its freight rates filed by the head office, the head office shall file all freight rates of its subsidiaries that hold the Qualification License o
19、f NVOCC and fill up all the required application forms; the contents such as “Full Name of Company (Chinese)”, “Full Name of Company (English)”, “No. of Qualification License of NVOCC”, “Registration Place of NVOCC”, etc. shall be consistent with those of the Qualification License of NVOCC; “Company
20、 Address” is to be filled with the address of NVOCC subsidiary; the name, address, telephone No., Fax No., etc. of the head office are to be filled in the corresponding spaces of contact in the application form; the form is to include the stamp of head office that assumes the relevant duties and res
21、ponsibilities.If the NVOCC subsidiary files the freight rates by itself, it shall fill up the application form; 5the contents such as “Full Name of Company (Chinese)”, “Full Name of Company (English)”, “No. of Qualification License of NVOCC”, “Registration Place of NVOCC”, etc. shall be consistent w
22、ith those of the Certificate of Qualification License of NVOCC; “Company Address” is the address of the NVOCCs subsidiary; the name, address, telephone No., Fax No., etc. of the subsidiary are to be filled in the corresponding spaces of contact in the application form; the authorization letter of fr
23、eight filing of the NVOCC head office is required (see the appendix for the sample), which is to include the stamp of the head office that assumes the relevant duties and responsibilities.IV. Regulations on Filing of Public Freight Rates (Ranges)i. Regulations on Filing Code1. The code of a NVOCC is
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