Administrative Measures for Tianjin International Trade and Shipping Service Centre

Decree of Tianjin Municipal People s Government

No. 102

The Administrative Measures for Tianjin International Trade and Shipping Service Centre was adopted at the 71th Executive Meeting of the Municipal People s Government on 22 May 2006 and is hereby promulgated. These Regulations shall go into effect as from 1 July 2006.

Dai Xianglong, Mayor

1 June 2006

Article 1These Measures are enacted with the aim of turning Tianjin into the international trade and shipping centre in North China, improving the soft environment of this port of entry and giving full play to Tianjin s comprehensive competitive edge in international trade andshipping.

Article 2The Tianjin International Trade and Shipping Service Centre (hereinafter abbreviated as Service Centre) installed by the Tianjin Municipal People s Government is a venue where the related departments conduct administrative examination and approval of entry and exit for shipping cargo of import and export commodities, of ships and the related persons, provide service in exchange of digital data, announcement of information, and in talents interflow and intermediary service.

Article 3These Measures apply to matters concerning international trade, entry and exit of cargo, ships and their personnel that are conducted in this Service Centre.

Where it is otherwise stipulated in laws and regulations available, such laws and regulations shall prevail.

Article 4The Service Centre aims at efficiency in its routine work and shall provide the public and enterprises with super service on the principles of one-stop service, convenience, economy and efficiency.

Article 5The competent department of port of entry and exit administration shall exercise a unified administration over the Service Centre on behalf of the Municipal People s Government and accomplish the following duties and responsibilities:

(1) Implementing relevant State and Municipal laws, regulations and policies;

(2) Working out norms for the day-to-day administrative and safety management at the Service Centre;

(3) Coordinating and handling disputes and solving problems among units stationed at the Service Centre in their business transactions;

(4) Supervising the units stationed at the Service Centre regarding the observance of laws and policies;

(5) Organizing and promoting joint efforts for ethic development of the port of entry and exit; and

(6) Other matters entrusted by the Municipal People s Government.

Article 6The Municipal People s Government shall, on the principle of efficiency and convenience, organize related administrative departments to handle in a collective and streamline way the business and administrative licence applications by persons engaged in international trade and shipping.

Article 7An interlinked electronic platform shall be installed at the Service Centre to perfect the international trade network system so as to gradually realize electronic transaction and digital exchange of data in international trade and shipping business and different-city customs clearance via the platform to provide superb services to the surrounding areas and vast hinterland.

Article 8 The administrative departments stationed at the Service Centre shall cooperate with each other in an attempt to construct an information service platform at the entry and exit port characterized by unity, coordination, uniform standard, shared information and by concentrated handling of logistics data going through the customs so as to accelerate the construction and perfection of electronic port of entry and exit. The administrative measures for electronic port of entry and exit shall be worked out separately.

Article 9 An electronic information exchange system shall be installed at the Service Centre to promote development of e-government. Administrative departments stationed at the Service Centre shall enhance contact and information exchange and report the business information of their units to the department concerned via the information exchange system.

Article 10Administrative departments stationed at the Service Centre shall, in accordance with their duties and functions, assign to their resident employees the duties and responsibilities on the principle of division of labour, increase cooperation with other departments in handling business, make timely communication and perfect the model of customs clearance and business procedures.

Article 11 Administrative departments stationed at the Service Centre shall handle related business in accordance with statutory rights, duties and procedures, strictly abide by the commitment on the deadline and other commitments made by the departments and place themselves under the supervision of business applicants.

Article 12 Administrative departments stationed at the Service Centre shall accept the business application that meets the requirement of law and handle it in accordance with the law and other related regulations in a timely manner.

Where an application is incomplete or fails to meet the requirement of the statutory form, the administrative department shall, on the spot or within five days, inform the applicant of all the contents that need to be supplied or corrected. Where no such notice is served at the expiration of the time limit, the application shall be regarded as accepted as from the date of receipt of the application. Errors that can be corrected on the spot shall be allowed to be corrected on the spot.

Article 13A special window shall be set up at the Service Centre to accept business applications submitted by appointments from the applicant. Where the applicant s application meets the requirement the relevant administrative department shall handle the said business in accordance with relevant regulations and its commitment.

Where an appointment for application is made through the electronic platform from a place other than Tianjin, the administrative department stationed at the Service Centre shall handle the application in accordance with the regulations of the previous paragraph in a timely manner.

Article 14The Service Centre shall set up a green passageway for enterprises from places other than Tianjin, and designate special windows to handle business applications for customs clearance. Where the application satisfies the regulations, the department concerned shall handle it in a timely manner. The enterprise from other places enjoys the same status as local enterprises.

Article 15 The administrative department stationed at the Service Centre shall give preferential service to new and high-tech enterprises that are supported by the State.

New and hi-tech enterprises from other places that enjoy preferential treatment locally shall be entitled to the same treatment that they enjoy locally once they file their information on the record at the Service Centre.

Article 16 The Service Centre installs a credit rating system for enterprises. Administrative departments stationed at the Service Centre shall, in accordance with related procedures, determine the credit rating for each enterprise and handle the application according to a categorized credit system.

Where an enterprise enjoys a higher rating of credit, the related administrative department shall simplify the procedure governing the handling of business.

Article 17 Administrative departments stationed at the Service Centre shall simplify the procedure and raise efficiency in handling ship inspection and make timely check on the applications submitted by the ship owner or his agent in accordance with relevant laws and regulations. Where the application meets relevant regulations the department shall conduct a speedy check and let it pass.

Article 18 Where ships that are honoured with the trustworthy title according to relevant provisions conduct custom procedures, application for inspection and pre-inspection on the internet of the Service Centre, the relevant administrative department may conduct check and inspection through examining the relevant documents provided by the ship owners.

Article 19 Administrative departments stationed at the Service Centre shall, in accordance with relevant State and Municipal regulations, provide convenience to ship owners and the employees in entry and exit inspection and to their activities inside the territory of China.

Article 20Where Administrative departments stationed at the Service Centre and their functionaries act against the commitments made by their respective departments, the business applicant is entitled to lodge a complaint and the relevant department shall make a reply within two days.

Article 21Administrative departments stationed at the Service Centre shall set up a coordinating office for emergency service and announce its hotline number with the purpose of solving the problems in business dealings and ensure the smooth handling of business.

Administrative departments shall, in response to the needs of business, staff the office 24 hours a day in accordance with the unified plan of the Service Centre. During the statutory holidays, the departments shall staff the office on a rotation basis.

Article 22The Municipal competent department for the port of entry and exit administration shall call joint meetings attended by units stationed at the Service Centre to pass on information, arbitrate disputes and solve problems.

In case of emergency when the Municipal competent department for the port of entry and exit administration deems it necessary, it may call an unscheduled joint meeting of the departments stationed at the Service Centre and timely report the relevant situation to the Municipal People s Government.

Article 23 Administrative departments stationed at the Service Centre shall announce to the public their posts and the responsibilities and duties of each, the working procedure, and service norms. The other units stationed at the Service Centre shall announce the information about their business and size of fees excluding contents involving commercial secrets.

Article 24The Service Centre shall install an information platform for talent exchange in the field of international trade and shipping so as to share talent information with major ports of entry and exit, institutions of scientific research and enterprises at home and abroad.

Article 25Intermediary institutions stationed at the Service Centre shall possess corresponding qualifications required by laws and regulations and operate and provide services in accordance with the State and Municipal regulations and trade norms.

Article 26The Service Centre shall set up a guarantee institution to take care of logistics, day-to-day management and technical maintenance for units stationed at the Service Centre. The daily running expenses thus incurred shall be allocated by the Municipal finance and managed by the competent department for the port of entry and exit administration in a unified way.

Article 27The Service Centre shall set up a consultation window to respond to business inquiries and provide guidance for service.

Article 28The Municipal supervision department shall delegate a monitoring institute to the Service Centre to accept complaints from the business applicants and make public how to make complaints.

Article 29 The Municipal competent department for the port of entry and exit administration shall, in collaboration with the monitoring institute dispatched by the Municipal supervision department, examine and evaluate, on a regular basis, the work efficiency, business handling of the units stationed at the Service Centre and the service attitude of their functionaries.

The results of the examination and evaluation shall be announced by a circular within the Service Centre and submitted to the department of the next higher level or the competent department of the unit stationed at the Service Centre and at the same time submitted to the Municipal People s Government.

Where anyone fails the examination and evaluation, the Municipal competent department for the port of entry and exit administration may make suggestions for handling each case to the department of the next higher level or the competent department of the unit stationed at the Service Centre.

Article 30Units stationed at the Service Centre shall fulfill their duties and responsibilities, conduct business according to the law, abide by the regulations of the Service Centre, accept the unified administration and bear responsibility independently.

Article 31Units stationed at the Service Centre shall set up a system of responsibility and duty for each post for their employees and constantly perfect it and improve management.

Article 32Units and their employees stationed at the Service Centre that commit irregularities shall be dealt with in accordance with the existing laws and regulations of the State. Where the acts constitute a crime, the offender shall be investigated for criminal responsibilities according to the law.

Article 33Where the business applicant refuses to accept the administrative acts by the administrative department stationed at the Service Centre, he may ask for an administrative review or bring an administrative lawsuit in accordance with the law.

Article 34 Where functionaries of the administrative department stationed at the Service Centre violate these Measures or commit other acts that breach laws and regulations the Municipal competent department for the port of entry and exit administration or the monitoring institute dispatched to the Centre by the supervision department shall make suggestions for imposing administrative sanctions or disciplinary punishments.

Article 35Where an intermediary agency stationed at the Service Centre commits an act that violates business regulations or breaches regulations or stipulations of the Service Centre, the competent department of the Service Centre shall serve it a warning and order it to make corrections within a definite period of time. Where the agency refuses to make corrections when the valid time expires or the act constitutes a serious offence, the department concerned may revoke its qualifications for conducting business at the Service Centre.

Sanctions against an intermediary agency shall be reported timely to its competent department.

Article 36These Measures shall go into effects as from 1 July 2006.