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Title: The Regulations on Wharf and Transit Sheds at Commercial Port CH
Abolished Date: 2012-08-22
Category: Ministry of Transportation and Communications(交通部)
Chapter 1 General Principles
Article 1
The said Regulations are enacted in accordance with Article 23-2 of the Commercial Port Law (hereinafter cited as "this Law").
Article 2
The scope of businesses of wharf and transit sheds at commercial ports is as follows:
1. Loading and unloading businesses.
2. Warehousing businesses.
3. Tug and barging businesses.
4. Ship tally businesses.
5. Passenger service businesses.
Article 3
Definition of Terminology:
1. Wharf and transit shed facilities: Refers to all facilities within the port involved in cargo handling, warehousing, lighterage, or involved in providing tourist services.
2. Wharf and transit shed operators: Refers to public and private sector operators of wharves and transit sheds.
3. Entrusting persons: Refers to ship owners, carriers, shippers or consignees that contract for services from wharf and transit shed operators.
4. Dangerous substances: Refers to items classified as dangerous under the International Maritime Dangerous Goods (IMDG) Code of the International Maritime Organization(IMO).
Chapter 2 Loading, Unloading and Warehousing Operations at Wharf and Transit Sheds
Article 4
When an entrusting person entrusts a wharf and transit shed operator, it shall pay the wharf and transit shed operation charges in advance, and shall pay up all the wharf and transit shed operation charges due before taking delivery of cargoes, unless it is agreed otherwise.
Article 5
In principle, the labors, equipment and tools required for loading, unloading and handling operations shall be assigned by the wharf and transit shed operator of that wharf and transit shed, unless it is agreed otherwise.
Article 6
The commercial port authorities shall stipulate the provision of daily operation hours in accordance with actual situations. An entrusting person shall arrange its operation in line with such a provision and provide operation information exactly. In the absence of an agreement from the commercial port authorities, the entrusting person shall not stop the operation. Stopping of operation for two hours or more is deemed as a stop of operation without any cause.
Article 7
The cargoes entrusted for loading, unloading and handling shall be marked with gross weight and measurement. Those cargoes with gross weight of five hundred kilograms or more shall also be marked with their tackling point and gravity center. Those cargoes, which require special handling process, shall be marked on an apparent place of their packing with the necessary measures for warehousing, handling, loading or unloading of the cargoes.
Article 8
The entrusting person shall list in details the name, weight, measurement of cargoes, as well as the name and residence or notifying address of the consignee or consignor on the export or import manifest list or application form. If there is any change, it shall give notice to the wharf and transit shed operator immediately. If an entrusting person does not comply in accordance with the previous paragraph, so that the wharf and transit shed operator cannot successfully give notice or further notice, the entrusting person shall be responsible for any loss arising from the consequent operations of warehousing, loading, unloading and handling of the cargoes.
Article 9
If a wharf and transit shed operator negligently causes damages to ship equipment, or loading, unloading and transport equipment either on land or on ship, the compensation is limited to the loss of those damaged objects. The repair expenses shall be determined at the place where the damage occurred. If a wharf and transit shed operator negligently causes damages to cargoes, the compensation amount for import cargoes shall be determined by the price of the cargoes of the time of unloading plus their import duties, and the compensation amount for export cargoes shall be determined by the price of the cargoes ex works plus domestic transport freight, unless it is agreed otherwise.
Article 10
If an entrusting person does not arrange its operation in accordance with the said Rules, it shall be responsible for losses arising therefrom. The entrusting person shall also be liable for compensating any loss of or damage to the port facilities arising therefrom.
Article 11
The wharf and transit shed operation charges are collected in accordance with the provisions stipulated in the Tariff for Wharf and Transit Shed Operation Charges at Commercial Ports.
Article 12
The scope of loading and unloading business is as follows: 1. Loading or unloading operations in a ship. 2. Loading, unloading or handling operations on land. 3. Other miscellaneous operations relating to loading or unloading.
Article 13
A loading or unloading operation can be commenced only after an entrusting person has filled an entrusting sheet and applied to the commercial port authority or the wharf and transit shed operator, as well as arranging the entrusting procedures of loading, unloading or handling. If it requires any special equipment, the entrusting person shall indicate it in details in the entrusting sheet. However, if the wharf and transit shed operator deems that the special equipment shall be provided by the entrusting person, who refuses to so provide, the wharf and transit shed operator can deal with the matter on the entrusting person's behalf or refuse to load or unload the cargoes. Any expense and loss arising therefrom shall wholly be on the entrusting person's account.
Article 14
When import or export cargoes are delivered or taken over alongside the ship, the entrusting person is responsible for their arrangement. It shall also provide all operation information to the wharf and transit shed operator on the next day after the cargoes have been fully delivered or taken over. The wharf and transit shed operator is entitled to weight or measure the cargoes in order to check their weight or measurement. The entrusting person shall be responsible for expenses if required dude to any shortage in the declaration.
Article 15
A wharf and transit shed operator may arrange an accident insurance policy for contingent losses arising from the loading or unloading operations.
Article 16
A wharf and transit shed operator shall coordinate other appropriate organizations to investigate when the cargoes, which are entrusted for loading, unloading or handling, are damaged or lost during the operations.  If the cargoes are loaded, unloaded or handled in the rain in accordance with the application of an entrusting person, the entrusting person shall be responsible for any loss resulted from rainwater.
Article 17
A commercial port authority or a wharf and transit shed operator is entitled to refuse an entrusting person's application or to stop loading, unloading or handling the cargoes under one of the following circumstances: 1. Contraband cargoes. 2. Those cargoes, which have not arranged the procedures of customs permission. 3. The entrusting item or tonnage of the cargoes is different from their actual situations. 4. Those cargoes which are likely to cause safety problem. 5. Unless it is agreed otherwise, the failure to pay in advance or owes wharf and transit shed charges. 6. Those cargoes which have not been marked in accordance with appropriate provisions. 7  he entrusting person fails to provide number of packages, weight, measurement and other appropriate operation information of the cargoes.
Article 18
A ship, while loading or unloading logs, shall undertake in accordance with the following provisions: 1. Before loading or unloading logs, the entrusting person shall provide a list of measurement, a loading plan and a report for ship's draught. 2. When the logs are linked together and tugged in the port area, it shall be arranged in accordance with the provisions relating to port water condition issued by the commercial port authority. 3. The entrusting person shall record the operations of loading or unloading the logs, and file the daily record with the wharf and transit shed operator for verification 4. Before loading or unloading the logs, the entrusting person shall arrange on-duty divers with equipment on the spot of the operation. It shall immediately pick up any log which is dropped into the sea. If the entrusting person fails to pick up the log, it shall fill in a form and send it to the commercial port authority. If that log is eventually picked up by the commercial port authority, the entrusting person shall pay relevant expenses. 5. If the logs, which have been unloaded on to the wharf, cannot be carried out of the wharf in time due to the lack of trucks, and the wharf and transit shed operator deems that the logs may obstruct the operation, that wharf and transit shed operator shall temporarily stop the operation. It is entitled to move those logs, which are laying on the wharf, from the wharf after considering actual operation situation, and then resume the unloading operation. The costs so required shall be on the entrusting person's account.
Article 19
If the wharf or berth is damaged by a ship berthing for loading or unloading logs, the commercial port authority is entitled to certain compensation. The entrusting person shall clean the wharf, berth and water area after the loading or unloading is completed and the ship leaves the wharf or floating buoy.
Article 20
The import or export logs shall be marked by a print or by a steel stamp in their cross-section for identification.
Article 21
The owner of log shall be responsible for compensating ships, military vessels or port facilities damaged by the logs floating in the port water area. If the owner is unknown, it shall be dealt with by an exclusively responsible organization set up by the log industry.
Article 22
For those ships with dangerous substances for loading or unloading, before commencing loading or unloading operation, the entrusting person shall fill in an application sheet with the following items within twenty four hours before the ship arrives at the port, and obtain the approval from the commercial port authority: 1. The type, name, nature, quantity and special requirements for loading or unloading, those dangerous substances. 2. The name, address and telephone number of that entrusting person. 3. The name, address and telephone number of the head in the spot of the operation. 4. The type, number of transport vehicles and the time of their arrival at the port. 5. Other declaration items which shall be indicated in the application sheet.
Article 23
While accepting an entrusting application for loading or unloading operation, if a wharf and transit shed operator finds that there are dangerous substances, which have not been permitted by the commercial port authority or are different from the contents of permission, it shall stop the operation first, then require the entrusting person to complete procedures in accordance with relevant provisions.
Article 24
While loading or unloading dangerous substances, the wharf and transit shed operator shall assign a chief on the spot of the operation to take charge of operation command, safety maintenance and traffic control, etc. Before the loading or unloading operations, the chief on the spot shall coordinate fire department and other appropriate personnel to exercise an overall safety check. Only when they deem that there is no safety problem, then the operation of loading or unloading can commence.
Article 25
While loading or unloading dangerous substances, the wharf and transit shed operator shall mark a hazardous area in accordance with the nature of the dangerous substances or the actual situations on the spot of operation. It shall also provide appropriate fire fighting equipment. If the chief on the spot of wharf and transit shed operation regards that there has been a safety problem, he or she shall stop the operation.
Article 26
While loading or unloading dangerous substances, the entrusting person shall assign a supervisor and technicians to be on the spot to provide the necessary measures for loading or unloading operations, and to take charge of technique instruction and safety maintenance. Also, they shall work under the supervision of the chief on the spot of the operation assigned by the wharf and transit shed operator.
Article 27
The master of ship, which intends to load or unload dangerous substances, shall assign a seaman to be exclusively responsible for the safety maintenance.
Article 28
Ships or vehicles should depart the port area immediately after dangerous substances have been loaded / unloaded. Dangerous substances may be stored and transited to and from yard / warehouse facilities and storage tanks designated by the port authority for such purposes. The entrusting person shall be responsible for arranging all vehicle transportation of dangerous substances. Loading of such shall be done in a smooth and timely manner, with no unreasonably long queues or shortage of adequate vehicles permitted. Once loaded, vehicles shall leave the port area as soon as possible.
Article 29
The entrusting person shall coordinate the wharf and transit shed operator to draw up a loading or unloading plan for loading or unloading dangerous substances in advance. The operations shall be arranged in order and the cargoes shall not be piled up at the port area waiting for loading on vehicles or stored on the wharf waiting for loading on ship.
Article 30
A barge, which is used for transshipping dangerous substances, shall carry the dangerous substances exclusively, and shall not carry other cargoes simultaneously. Also, the volume of dangerous substances so carried shall not exceed 70 percent of the total capacity of that barge.
Article 31
The dangerous substances shall be packed tightly and marked clearly with their name, label of dangerous substances and other instructions. If it is necessary, the appropriate authorities are entitled to send representatives for a joint inspection.
Article 32
While loading or unloading dangerous substances, the following provisions shall be complied with: 1. No passenger is allowed to board on or depart from the ship at the same time. 2. No naked light or torch is used. 3. The wharf and transit shed operator and the carrier shall provide rain- or water- proof facilities. 4. While handling dangerous substances, it is prohibited to toss, roll, collide, wear off or press them. 5. Workers and personnel shall not carry any cigarette, lighter, match or other articles, which are apt to produce sparks or fire. They shall also accept an inspection. 6. The ship can load fuel only after the completion of unloading or before the commencement of loading dangerous substances. 7. No seafarer or personnel on board the ship is allowed to wear leather shoes of which the undersides are annexed with any steal nail or piece.
Article 33
With regard to vessels carrying dangerous substances that transit through the port and which stopover to load / unload goods (including dangerous substances), entrusting persons shall provide detailed information on the request form on dangerous substances being transited, including item name, quantity and stowage location. Also, one copy of the through cargo manifest shall be submitted to the wharf/transit shed operator for inspection.
Abovementioned vessels shall, in compliance with dangerous cargo regulations, not carry together specified combinations of dangerous substances. Other cargo should be installed as an effective barrier between such substances, which shall not be stowed together. Dangerous substances already sealed in the hold should remain sealed during transit.
Article 34
If an emergency event occurs while loading or unloading dangerous substances, the supervisor and technicians assigned by the entrusting person shall deal with it promptly. The chief on the spot of operation assigned by the wharf and transit shed operator shall send out emergency signal, adopt salvage and emergency measures, and report to the relevant administration authorities.
Article 35
After the completion of loading or unloading operation of the dangerous substances, the entrusting person shall clean the spot. The wharf and transit shed operator shall also coordinate other appropriate authorities to exercise a safety check.
Article 36
The loading or unloading operations of military or radioactive dangerous substances shall be dealt with and arranged by the organizations, which own the dangerous substances.
Article 37
The scope of warehousing businesses is as follows: 1. The storage of import, export and transshipment cargoes. 2. Other relevant warehousing businesses.
Article 38
Import or export cargoes can be stored in a transit shed, or be taken over or delivered along side the ship in accordance with the requirements of the entrusting person. Nevertheless, the wharf and transit shed operator is entitled to reject the warehousing applications for the following cargoes which are not suitable for warehousing: 1. Live animals. 2. Perishable cargoes. 3. Cargoes in broken package which are not suitable for safely keeping. 4. Cargoes, which are prone to damage or deterioration. 5. Cargoes, which are likely to damage or contaminate other cargoes and cannot be stored separately. 6. Valuable cargoes. 7. Bills and monetary notes. 8. Dangerous substances. 9. Cargoes which cannot be loaded, unloaded, or handled by the existing equipment. 10. Other cargoes which are not suitable or cannot be properly keeping. If the entrusting person cannot keep loading or unloading operation going so that it stops the operation for more than two hours, the wharf and transit shed operator is entitled to require the entrusting person to store the cargoes into a transit shed or adopt other measures. The costs arising therefrom shall be on the entrusting person's account.
Article 39
While storing cargoes into a transit shed, the following provisions shall be complied with: 1. For import or transshipment cargoes, the entrusting person shall fill in an application form and apply to the wharf and transit shed operator for warehousing within twenty-four hours prior to the appointment of a berth. It shall provide detailed information of the weights, measurements, and over-weight, over-length or over-size, etc., of the cargoes. It shall also provide an import manifest list and a stowage plan for arranging warehousing procedures after the ship arrives at the port but before the operation commences. 2. For export cargoes, the entrusting person shall fill in a warehousing application form and apply to the wharf and transit shed operator for arranging warehousing procedures.
Article 40
After the cargoes have been stored into a transit shed, the transit shed keeper shall coordinate the entrusting person and jointly endorse the actual received condition of the cargoes. If there is any breakage, leakage or shortage while warehousing, the following provisions shall be complied with: 1. When cargoes are found having been broken or damaged before entering the transit shed, the transit shed keeper shall coordinate the entrusting person to check the extent of the breakage or damage and liabilities arising therefrom, and endorse the result in the receipt of the cargoes, which shall be countersigned or stamped by the entrusting person and be kept by the transit shed keeper. 2. When the packing of export cargoes has been damaged, the entrusting person shall repair it during the time while storing them into the transit shed. 3. When the packing of import cargoes has been damaged, the transit shed keeper is entitled to coordinate the entrusting person to weight and inspect the cargoes if it is necessary. The expenses of inspection, handling, weighting and surveying are on the entrusting person's account. 4. When broken packing cargoes cannot be inspected on the spot because of particular circumstances, the transit shed keeper and the entrusting tally clerk may pack them jointly and stored them into a transit shed for broken packing cargoes for inspection later. It shall also mark in a damaged or broken cargoes list with the package number of the broken packing and the wording of awaiting inspection. While opening them for inspection and survey, the entrusting person shall present on the spot and the expenses arising therefrom shall be on the entrusting person's account. 5. When import cargoes are found short- or over-discharged, the transit shed keeper shall fill in a short- or over- discharged report, and send it respectively to the appropriate authorities within the period as provided by customs authorities.
Article 41
The date of storing import cargoes into a transit shed is determined based on the date when first lot of the cargoes from the same ship commences its operation of unloading and warehousing. The date of storing export cargoes into the warehouse is determined based on date when first lot of cargoes listed in the same application form commences its operation of entering the warehousing. The warehouse rentals are assessed as from the above date in accordance with relevant provisions.
Article 42
An entrusting person is entitled to apply for reduction of transit shed rentals under the following circumstances: 1. A delay attributable to the transit shed operator. 2. A delay caused by survey or inspection, which is conducted by government agencies. Special approval from the government.
Article 43
An entrusting person is entitled to take delivery of import, export, transshipment or shut-out cargoes only after it has arranged appropriate customs clearance and has, in advance or in duly time, paid all the fees related to warehousing operation, unless it is agreed otherwise.
Article 44
Cargoes shall be tallied upon warehousing based on their shipping marks. Double-baled cargoes shall be marked on the receipt sheet.
Article 45
Based on the application of an entrusting person or the necessity of inspection by appropriate authorities, the wharf and transit shed operator is entitled to coordinate the entrusting person to shift the storage of cargoes. The shifting expenses and wastage arising therefrom shall be on the entrusting person's account.
Article 46
In order to avoid damages to warehoused cargoes because of a disaster caused by force majeure or an emergency event, the wharf and transit shed operator is entitled to move the warehoused cargoes after obtaining consent from the customs authorities. It shall notify the entrusting person immediately. The expenses and wastage arising therefrom shall be on the entrusting person's account.
Article 47
When an entry and exit notice sheet of warehoused cargoes has been lost or demolished, the entrusting person shall give notice to the wharf and transit shed operator, and then declare nullity in newspaper and apply for the reissue of that notice sheet. The entrusting person shall be responsible for mis-delivery of the warehoused cargoes occurred before the time when it gives the notice to the wharf and transit shed operator. If the sheet has been stained and damaged, the entrusting person shall submit the original sheet to the wharf and transit shed operator for reissuing a new notice sheet.
Article 48
The entrusting person shall correctly declare the name, type and quantity of warehoused cargoes. The entrusting person shall be responsible for any discrepancy between the actual contents and the declaration.
Article 49
If an entrusting person or a cargo insurer intends to inspect the contents of cargoes, take a sample or repack them, it shall obtain prior permission from the appropriate authorities, and then coordinate the wharf and transit shed operator in dealing with it.
Article 50
The wharf and transit shed operator is entitled to give notice to the entrusting person to move the cargoes from the transit shed after they have been stored there for over fifteen days. If the entrusting person fails to move them, the wharf and transit shed operator is entitled to move them to a warehouse in hinterland area after obtaining permission from the customs authorities. The entrusting person shall be responsible for expenses and wastage arising therefrom.
Article 51
Under the following circumstances, the wharf and transit shed operator shall notify the entrusting person to pay all warehousing service charges within the stipulated period, and take delivery of warehoused cargoes. If that person fails to do so, the wharf and transit shed operator is entitled not to offer the wharf and transit shed facilities to the entrusting person for one month: 1. When the warehoused cargoes have been found one of the facts stipulated in Items 4 to 6, Item 8 and Item 10 of Article 38. 2. When the warehoused cargoes have been deteriorated, damaged, or have other reasons, which may cause damage to the transit shed facilities or other warehoused articles. 3. When the transit shed needs to be repaired or rebuilt wholly or partially. 4. When the transit shed business stops operating wholly or partially. 5. When the cargoes have been stored in the transit shed for more than fifteen days. Under a special circumstance which requires the warehoused cargoes to take delivery.
Article 52
In order to re-allocate the transit shed, the wharf and transit shed operator is entitled to move the warehoused cargoes to another transit shed after obtaining permission from the customs authorities, and give notice to the entrusting person. The expenses and wastage that arises from the movement shall be on the wharf and transit shed operator's account. Nevertheless, they shall be on the entrusting person's account if the movement is caused by one of the facts stipulated in Items 1, 2 and 5 of the previous Article.
Article 53
When warehoused cargoes were kept at the transit shed for six months, the wharf and transit shed operator is entitled to give a one-month notice to the entrusting person to arrange customs clearance procedures within a stipulated period, and to take delivery of the cargoes after having paid all the warehousing service fees. After the entrusting person has received the notice one month, or when the notice cannot be reached because the address is not clear, the taxed cargoes shall be dealt with in accordance with the provisions stipulated by the authorities, and taxed cargoes can be sold in an auction by the commercial port authority in accordance with the laws. The amount obtained from the auction sale shall be used to make up the outstanding warehousing service fees and other expenses first. The remaining amount shall be returned to the entrusting person, or be retained for collection, or be deposited in accordance with the laws.
Article 54
The wharf and transit shed operator is entitled to arrange an insurance policy for the warehoused cargoes.
Article 55
The wharf and transit shed operator shall be not liable for damage to the warehoused cargoes under one of the following circumstances: 1. The packing is intact but there is a shortage or change in the contents. 2. The loss arising from restraint measures. 3. The loss is caused by certain facts which cannot be attributed to the wharf and transit shed operator. The loss is caused by a natural disaster or other causes of force majeure
Article 56
When warehoused cargoes have been fully delivered, or when the cargoes are delivered along side the ship and the loading or unloading operation is competed, the entrusting person shall clean up all the broken pieces, leaked remains or wastage within four hours after the cargoes have been fully delivered, or the loading or unloading operation is completed. If the entrusting person refuses to clean up, the commercial port authority shall entrust such a task to a cleaning company on behalf of that entrusting person.  The cleaning expenses occurred in the previous paragraph shall be on the entrusting person's account. If the entrusting person refuses to pay the expenses, the commercial port authority or the wharf and transit shed operator is entitled to reject the entrusting person's application for the wharf and transit shed operation.
Article 57
To store cargoes on to a barge is regarded the same as to store them I詬 a transit shed, and Articles 39 to 55 are applicable, subject to the necessary modification.
Article 58
The commercial port authority, in considering actual situations, is entitled to allocate a water area or build a log basin in order to keep logs. No log can be kept in other port water areas. If cargo owners fail to comply with this, the wharf and transit shed operator shall give notice to them for stopping unloading and storing operations. The cargo owners, who keep logs in that area, are responsible for the safeguard of their logs.
Article 59
When a cargo owner intends to build a log basin at a water area which is connected with port water areas, it shall apply for permission from the commercial port authority with a design and construction plan and other relevant supporting documents of that log basin. It shall also obtain a license of construction in accordance with the laws before commencing the construction.
Article 60
The stuffing and un-stuffing operations of containers shall be done in a container freight station. Nevertheless, if, based on a particular demand, the operation is required to be done provisionally at a container yard, marshaling yard or transit shed approved by the customs authorities, the entrusting person shall apply for a permit from the customs authorities by itself and obtain a consent from the wharf and transit shed operator before commencing the operations.
Article 61
Except for empty containers, any container to be loaded on board a ship shall be weighted before entering a container terminal or loading on board the ship. If the gross weight of a container exceeds safety capacity of a container gantry crane, the wharf and transit shed operator shall refuse to lift that container by a gantry crane.
Article 62
The entrusting person of which the containers are to be unloaded from a ship, shall declare the gross weight of each container. If the gross weight of a container exceeds the safety capacity of a container gantry crane, the entrusting person shall apply for the use of a land-based or floating crane for the unloading operation. The entrusting person shall be responsible for compensating injury of or damage to personnel詰 cargoes, equipment and facilities if an accident arises from an untrue declaration or the failure to declare the weight.
Article 63
For those cargoes, which were applied for loading or discharging through container gantry crane but do not fit for specification of containers because of over-height, over-length, over-wide or not in the form of containers, the entrusting person shall guarantee that it will be answerable for all the safety matters concerning personnel, cargoes, equipment and facilities, and be responsible for damages therefrom.
Article 64
The wharf and transit shed operator shall assign a location for the storage of reefer, dangerous substances and transshipment containers, and report it to the commercial port authority for permission.
Article 65
Entrusting persons responsible for containerized dangerous substances shall ensure that proper signage related to such is affixed to the container exterior. The handling of cargo shall be done in accordance with relevant dangerous substance handling regulations specified in this regulatory document.
Article 66
When containers encounter a natural disaster or an emergency event at a container yard, the entrusting person shall properly and coordinately deal with it immediately after receiving notice from the wharf and transit shed operator. If the entrusting person fails to deal with it in accordance with the provisions, it shall be responsible for damages or injuries to the cargoes, personal and facilities.
Article 67
While entering or leaving a container terminal, all vehicles and personnel shall comply with the controlling provisions stipulated by the commercial port authority. They shall be responsible by themselves for any accident arising from the failure of complying with the provisions.
Article 68
While using electricity in a container yard for reefer containers, an entrusting person shall assign a staff to check the temperature, the reefer containers, the refrigerated system and whether the power supply is normal.
Chapter 3 Wharf and Transit Shed Facilities Run by State-run or Private Enterprises
Article 69
A state-run or private enterprise which intends to apply for running wharf and transit shed facilities is entitled to do so by virtue of an agreement of investment, building and operation, or by virtue of an agreement of lease and operation.
Article 70
When the wharf and transit shed facilities are opened for building and operating by a state-run or private enterprise, it shall in principle be done by an open bidding to the public. Nevertheless, if only one enterprise is present in the bidding or for any reasons for management in practical need, may be done by contracting an agreement through negotiation.
When the wharf and transit shed facilities are opened for leasing and operating by a state-run or private enterprise, it may be done by an open bidding to the public or by contracting an agreement through negotiation.
Article 71
A state-run or private enterprise, while applying for running wharf and transit shed facilities, shall provide the following documents in duplicate to the commercial port authority for scrutiny and approval, and it will be qualified for tendering a bid after having passed the qualification scrutiny or negotiating an agreement:
1. a photocopy of company registration documents.
2. article of the company.
3. a list of shareholder, or members of board of directors and auditors.
4. a business plan:
(1) explanations of business targets.
(2) analyses of investment and benefit.
(3) list of facilities and equipments.
(4) methods for managing the leasing facilities and personnel arrangement.
(5) any other documents required by other laws and regulations.
Article 72
The commercial port authority is entitled to collect administration fees based on an agreement from state-run or private enterprises which run the wharf and transit shed facilities.
Article 73
A state-run or private enterprise applies for investing and building wharf and transit shed facilities within a commercial port area may be made by agreement between the commercial port authority and the applicant. For the period of use may be operated by the applicant, the commercial port authority shall establish the calculation formula and report to the commercial port administration authority for filing and then carry out accordingly.
When the commercial port authority and a state-run or private enterprise agree to invest and build the wharf and transit shed facilities, the applicant shall provide the design plan and the explanation, the executing plan of construction and the budget of the construction to the commercial port authority for sanction. When the construction is completed, the applicant shall file with the commercial port authority the design plan, the revised design plan, the draft plan of completed construction, the final budget report, the report of completion of construction and the report of acceptance after ascertaining the quality, etc.
Article 74
Except for the dredging of berths of which work shall be entrusted to the commercial port authority, other construction projects shall be done by the state-run or private enterprise after it has applied for the issuance of a permit from the commercial port authority. The commercial port authority shall send representatives to supervise the construction, and shall coordinate the state-run or private enterprise to jointly check and accept the completed construction.
Article 75
If the state-run or private enterprise fails to proceed to do the construction work within the agreed time period after it has been agreed to build wharf and transit shed facilities between the commercial port authority and a state-run or private enterprise, an application for an extension of a period of six-month may be filed by stating certain reasons with the commercial port authority, and if the failure of proceeding to the construction work within the agreed time period because of inevitable reasons, it is entitled to apply for a further extension of a period of six-month; if it cannot complete the construction work within the agreed period, it can apply for an extension of a period of six-month by stating certain reasons, and if it cannot complete the work within the extended period because of inevitable reasons, it is entitled to apply for a further extension of a period of six-month. If it still cannot proceed or complete the work after the expiration of the specific period(s), the commercial port authority may revoke the contract.
Article 76
A state-run or private enterprise, which intends to lease wharf and transit shed facilities, is entitled to lease the facilities respectively after dividing them into different areas in accordance with the arrangement of berths, the methods of operations and the types of facilities, etc. The division of the areas shall be determined by the commercial port authority in accordance with the planning of commercial port areas.
Article 77
A state-run or private enterprise, while running wharf and transit shed facilities, is entitled to operate in another area after having obtained such permission from the commercial management authority.
Article 78
The state-run or private enterprise, while running ship stevedore operator by itself, shall apply for a permit of ship stevedore operator in accordance with provisions stipulated in Chapter 4. While employing the loading, unloading or handling workers, the employment contract shall be entered into in accordance with the Labor Standard Law. It shall file an employment list with the commercial port authority.
Article 79
The commercial port authority, if necessary, is entitled to give notice to the state-run or private enterprise to provide the information concerning the present condition of the wharf and transit shed facilities, deployment of personnel, number and maintenance of equipment and tools, etc., for inspection. If it is found that their capacity cannot meet the required standards or there is potential safety problem, the commercial port authority shall require that state-run or private enterprise to improve them within a specific time period. If it fails to improve within that time period so as to obstruct the commercial port operation, the commercial port authority is entitled to revoke the contract.
Article 80
When the state-run or private enterprise changes its organization, increases or reduces its capital, it shall arrange a change of registration in accordance with provisions of the Company Law, and report to the commercial port authority for verification.
Article 81
The state-run or private enterprise shall report to the commercial port authority for verification within six months after its annual business closing date, by providing a photocopy of its business report, balance sheet, list of assets, income statement and documents relating to business income approved by taxation authorities.
Article 82
The provisions stipulated in Chapter 2 are applicable to, subject to the necessary modification, loading, unloading and warehousing operations operated by a state-run or private enterprise which runs wharf and transit shed facilities.
Chapter 4 Ship Stevedore Operator
Article 83
A ship stevedore operator is an enterprise, which runs loading, unloading and handling operation within a commercial port area.
Article 84
The application of a ship stevedore operator operating within commercial port area shall meet the following minimum requirements:
1. the paid-up capital: NT$20,000,000 for international commercial port; NT$8,000,000 for domestic commercial port.
2. the number of stevedores: 48 members for international commercial port; 12 members for domestic commercial port.
3. the handling equipment/facilities: 2 units of Overhead Cranes, 2 units of Gantry cranes or Straddle Carriers, 1 unit of Forklift and 1 unit of Ground Scale with weighing capacity of 50 tons and over, qualified by the weights and measures authority for international commercial port container handling operations; 4 units of Forklift for international commercial port bulk/general cargos handling operations. 2 units of Forklift for domestic commercial port.
For the lessee who applys a ship stevedore operator within an exclusive wharf of international commercial port with consistent machinery operation and exclusive wharf for domestic route, the required paid-up capital, number of stevedores and the handling equipment/ facilities which shall apply mutatis mutandis for the requirements as mentioned in the preceding section for domestic commercial port.
Article 84-1
Except for conforming to the minimum requirements provided by the preceding article, the person who applys a ship stevedore operator shall cooperate with the commercial port authority to build or lease the exclusive wharf, or to enter into a stevedore contract with the exclusive wharfs operator.
For the circumstance of preceding section and the wharf which has not yet opened for leasing, the applicant shall cooperate with the commercial port authority to build or lease the warehousing facilities in hinterland area of a wharf.
The managing operation for each wharf or the warehousing facilities in hinterland area of a wharf shall be limited to only one ship stevedore operator and shall not operate beyond the agreed area.
Article 85
The ship stevedore operator shall employ the required loading, unloading and handling workers in accordance with Article 78, and it is entitled to purchase or lease the required loading and unloading equipment or facilities by itself.
Article 86
Whoever intends to operate a ship stevedore operator shall make an application by furnishing the following documents in duplicate to local commercial port authority for approving the organization:
1. application form of organization
2. for a company organization, copy of the representative's I.D; for a business entity, copy of the responsible person's I.D.
3. operation Plan.
(1) kinds of cargoes and forms of handling for operation.
(2) capital.
(3) number of Employees estimated.
(4) kinds and number of self-owned or leased equipment/ facilities and their maintenance.
(5) plan to insure the liability insurance of public accidents
(6) estimated total quantity of annul procurement
(7) operating assignment plan
(8) period of organization
(9) plan of emergency operation
4. In case of corporation organization, the drafted Articles of Corporation.
The documents submitted pursuant to preceding section are incomplete or are deficient in content, the commercial port authority may issue notice to require supplementation or correction within a specified period of time. If such supplementation or correction is not made within the specified time period or is so made but the submitted documents remain deficient, the application will be rejected.
Article 87
During the period granted for establishment of company, the applicant under preceding article shall complete the company registration or business registration according to law and prepare the operating facilities, and furnish the following documents in duplicate together with license fee to local commercial port authority for permitting and shall not commence the business operation until the operation permit is issued:
1. application form of operation permit
2. photocopies of the Company License and Business License
3. in case that the applicant is a company, Articles of Company.
4. copy of insurance policy for the liability insurance of public accidents for insuring over NT$5,000,000.
5. business responsible person or representative of company, directors and list of workers being employed.
6. payment agreement of ship stevedore operator service fees.
The applicant failed to complete the establishment within the specified period and has not completed incorporation registration according to law, may before the expiry of such period require the commercial port authority by proper reason for approving the period of establishment for further six months but can only be applied once. Failure to complete the establishment within the extended period, the establishment permission may be revoked.
Article 88
A ship stevedore operator desiring to alter the organization, name, address, representative or capital of it shall, after completing the company or business registration of such alteration by law, make an application to the local commercial port authority for replacing the permit ; if suspends from business due to certain causes, shall report to the commercial port authority for verification; and if business is terminated, shall submit the permit license to the commercial port authority for revoking its operation permission and withdraw the permit.
A ship stevedore operator shall commence to operate within six months after receipt of the permit. Failure to do so, the local commercial port authority is entitled to revoke its operation permission and withdraw the permit. However, an application for extension may be made if it is sustained by proper reasons, but the extension is limited to six months only.
A ship stevedore operator, after commencing the operation, affords with no operation performing record_for over six months in successive, the local commercial port authority is entitled to revoke straightforwardly its operation permission and withdraw the permit.
In case a Permit of a ship stevedore operator is revoked, the local commercial port authority shall notify the authority in charge of the registration of company or commercial entity.
Article 89
(Deleted)
Article 90
The commercial port authority is entitled to collect administration fees from ship stevedore operators based on an agreement.
Article 91
A ship stevedore operator shall assess loading and unloading charges in accordance with the Tariff for Wharf and Transit Shed Operation Charges at Commercial Ports approved by the commercial port administration authority.
Article 92
A ship stevedore operator shall enter a loading or unloading contract with a wharf and transit shed operator or an entrusting person for the cargoes entrusted to it for loading or unloading, and file an example of its standard form contract with the commercial port authority. The ship stevedore operator stipulated in the previous paragraph shall file the loading and unloading manifest list and relevant information with the commercial port authority, before and after the loading and unloading operations.
Article 93
When encountering a natural disaster or other special events so that a ship stevedore operator cannot maintain its ordinary operation, it shall report the reasons with the expected date for resuming ordinary operation to the commercial port authority for verification.
Article 94
In accordance with other laws and regulations, a ship stevedore operator is entitled to apply for running other businesses relating to the loading and unloading operation in the port area.
Article 95
The permit of ship stevedore operator cannot be rented out or transferred.
Article 96
(Deleted)
Article 97
A ship stevedore operator shall report to the commercial management authority for verification within six months after its annual business closing date, by providing a photocopy of its business report, balance sheet, list of assets, list of loading and unloading performance, list of loading and unloading equipment and facilities, and documents relating to business income approved by the taxation authorities.
Article 98
When a loading or unloading event results in death, injury of a personnel or damage to port facilities, a ship stevedore operator shall not only adopt rescue and other necessary measures but also report detailed situations to the commercial port authority or labor safety inspection authorities. The report required by the previous paragraph shall be dealt with in accordance with labor safety and sanitation law and regulations.
Article 99
(Deleted)
Article 100
(Deleted)
Chapter 5 Tug and Barging Operator
Article 101
The application for running a tug or barging business in wharf and transit shed operations shall be arranged in accordance with the methods published by the commercial port authority. The number, type and tonnage of tug boat and barge, operated in a commercial port area, shall be determined by the commercial port authority after considering condition of the port water areas.
Article 102
A tug and barging operator shall apply for the issuance of a permit from the commercial port authority and arrange a registration of company or business in accordance with the laws. A barge shall obtain a license of barge from customs authorities before commencing operation.
Article 103
The tug and barging operator shall report to the commercial port authority for verification when stopping its business temporarily.
Article 104
The entrusting persons or warehouse operator shall jointly endorse the quantities, labeling, and packaging of cargo carried in the barge with a ship tallymen.
Article 105
The operating staff of a tug boat or barge shall accept the instruction from the managing staff on the spot of operation assigned by the wharf and transit shed operator.
Article 106
A tug boat or barge is not allowed to operate after its ownership has been transferred, unless the ownership transfer has been approved by the commercial port authority and the registration of ownership transfer has been arranged in accordance with the laws.
Chapter 6 Ship Tallymen
Article 107
The scope of ship tally services shall be as follows:
1. Counting/measurement, hand over, check and acceptance of bulk cargo and containers.
2. Watching while ship is loading or unloading.
3. Inspection of general cargo packaging.
4. Ship tally services, such as labeling classification of bulk cargo and the identification of container numbers.
The entrusting persons or warehouse operator shall jointly endorse the quantities, labeling, and container numbers of bulk cargo and containers, as well as the packaging of general cargo with a ship tallymen.
A ship owner or cargo owner may commission the ship tally services of the domestic shipping routes to a ship tallymen depending on their actual needs.
Article 107-1
Whoever intends to operate a ship tally shall make an application by furnishing the following documents in duplicate to local commercial port authority for approving the organization:
1. application form of organization
2. for a company organization, copy of the representative's I.D; for a business entity, copy of the responsible person's I.D.
3. operation Plan.
4. in case of corporation organization, the drafted Articles of Corporation.
5. letter of intention issued and entrusted by the vessel carrier or shipping agent to handle the tally works.
The documents submitted pursuant to preceding section are incomplete or are deficient in content, the commercial port authority may issue notice to require supplementation or correction within a specified period of time. If such supplementation or correction is not made within the specified time period or is so made but the submitted documents remain deficient, the application will be rejected.
Article 107-2
During the period granted for establishment of company, the applicant under preceding article shall complete the of company registration or business registration according to law and furnish the following documents in duplicate together with license fee to local commercial port authority for permitting and shall not commence the business operation until the operation permit is issued:
1. application form of operation permit
2. photocopies of the company license and business license
3. in case that the applicant is a company, articles of company.
4. business responsible person, director, auditors , shareholders and list of employees.
5. Copy of supporting certificates for the ownership or use right of the business place.
The applicant in case failed to complete the establishment within the specified period and has completed incorporation registration according to law, may before the expiry of such period require the commercial port authority by proper reason for approving the period of establishment for a further three months but can only be applied once. Failure to complete the establishment within the extended period, the establishment permission may be revoked.
Article 108
A ship tally desiring to alter the organization, name, address, representative, capital or any other or other information which are subject to approval for registration shall, after completing the company or business registration of such alteration by law, make an application to the local commercial port authority for replacing the permit; if suspends from business due to certain cause, shall report to the commercial port authority for verification; and if business is terminated, shall submit the permit license to the commercial port authority for revoke its operation permission and withdraw the Permit.
A ship stevedore operator shall commence to operate within six months after receipt of the permit. Failure to do so, the local commercial port authority is entitled to revoke its operation permission and withdraw the permit. However, an application for extension may be made if it is sustained by proper reasons, but the extension is limited to six months only.
A ship tally, after commencing the operation, affords with no operation performing record_for over six months in successive, the commercial port authority is entitled to revoke straightforwardly its operation permission and withdraw the permit.
In case the permit of a ship tally is revoked, the commercial port authority shall notify the authority in charge of the registration of company or commercial entity.
Article 109
Tally clerks employed by a ship tallymen shall be at least 20 years old, who have passed a health and physical examination at a public or teaching hospital, have passed a selection examination or training class, and have obtained a certificate of tally issued by the commercial port authority.
The selection examination mentioned above shall be conducted by the commercial association of ship tallymen and the craft union of ship tally clerks.
When any one of the following situations applies, a ship tallymen or the commercial association of ship tallymen may, after clearly stating reasons, submitting an employment list and training plan, and obtaining the approval of the commercial port authority, employ person who is qualified by training:
1. A new port begins operating.
2. There are no commercial association of ship tallymen nor the craft union of ship tally clerks at the port.
3. Selection examinations cannot be conducted normally, and the commercial port authority has deemed that this may affect port operations.
The training plan mentioned above shall include the laws and regulations of labor health and safety, laws and regulations of port operation, port and tally practice and so on; training time shall be above 30 hours.
Article 109-1
If, for certain reason, a ship tallymen suspends operations, terminates a business, or abrogates its business permission, an employment list of tally clerks shall be submitted to the commercial port authority for revocation registration, and the certificate of tally shall be handed in for cancellation. If the enterprise fails to do so, the commercial port authority shall immediately revoke its registration and the certificate of tally.
If there are any changes in the status of tally clerks, such as retirement, resignation, death, change of names, or transfer, a ship tallymen shall apply to the commercial port authority for revocation, change, or transfer registration with the certificate of tally within 15 days.
If a person who has received the certificate of tally but has not been employed by a ship tallymen within six months, the commercial port authority shall immediately revoke his or her registration and certificate of tally.
Article 110
A ship tallymen shall fill in and send a tally operation report to the commercial port authority for approval whenever entering the port area for operation. When it is necessary for its tally clerks to board a ship for operation, before boarding the ship, the ship tallymen shall, based on the above tally operation report, furnish a list of boarding tally clerks and apply to port police force for the issuance of a boarding permit.
Article 111
While undertaking a tally operation, a tally clerk shall accept the instruction of managing staff on the spot of operation assigned by the wharf and transit shed operator, and provide tally sheet and relevant information for checking and reference.
Article 112
A ship tallyman shall send a business report of the previous month to the commercial port authority before fifteenth of every month for examination. If it does not have any tangible business performance for consecutive six months, its permit of operation shall be canceled.
Article 113
A ship tallyman shall assign clerks in accordance with the application form of tally operation, the list of tally clerks and the standards of assigning clerks. If it does not assign clerks in accordance with relevant provisions, or cannot meet the requirements of the wharf and transit shed operator, the wharf and transit shed operator shall report to the commercial port authority to deal with the matters. The standards of assigning clerks shall be jointly determined by the commercial association of ship tallymen when consulting with the associations of carriers by ship, the association of ship agents and the union of ship tally clerks, and shall be reported to the commercial port authority for verification. If they cannot reach a consensus in the consultation, the commercial port authority shall summon relevant organizations to discuss and determine the standards.
Article 114
The fee-assessment standards for the ship tallymen shall be determined by the commercial association of the ship tallymen when consulting with carriers by ship, shipping agents, the National Shippers' Council of the Republic of China, and the Importers and Exporters Association of the Republic of China and shall be reported to the commercial port authority for verification. If they cannot reach a consensus in the consultation, the commercial port authority shall summon relevant organizations to discuss and determine the standards.
Chapter 7 Passenger Service Operator
Article 115
The scope of passenger service businesses is as follows: 1. Relevant service matters relating to loading and unloading passengers carried by a ship. 2. Relevant handling matters relating to loading and unloading passengers' luggage. 3. Other service matters related to passengers carried by ship.
Article 116
When loading or unloading passengers, the following provisions shall be complied with: 1. The entrusting person shall report in advance to the commercial port authority seven days before the assignation of a berth for a passenger ship, by providing the name of the ship, the date, the height between sea level and the passenger gates for exit or entry. It shall make a special remark in order to smoothly provide any other services, if requires. 2. The entrusting person shall apply for the arrangement of connecting and dismantling the passenger bridge one day before the arrival of the passenger ship. 3. Except for the luggage carried by passengers themselves, the entrusting person shall entrust the commercial port authority to load and unload other luggage.
Chapter 8 (Deleted)
Article 117
(Deleted)
Article 118
(Deleted)
Article 119
(Deleted)
Chapter 9 Annex
Article 120
The commercial port authority is entitled to establish its operation manuals or procedures in accordance with the said Rules, and file them with the commercial port administration authority.
Article 120-1
The Ministry of Transportation and Communications (MOTC) may entrust Port Authorities with the management of wharf and transit sheds at commercial ports and the penalties imposed thereon-stipulated in Commercial Port Law and this Regulation.
For the case stated in the preceding paragraph, the matters and the bases of laws and regulations concerning such entrustment shall be publicly announced in the government's bulletin and web site.
Article 121
The said Rules shall come into force from the date of promulgation.

The English translation is for reference only. In case of discrepancy between the Chinese and English versions, the Chinese version shall prevail.
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