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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 21:58
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Chapter Law Content

Title: Shipping Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 2 Regulations for Vessel Carriers
Section 2 Foreign Vessel Carriers
Article 28
Unless a foreign vessel carrier establishes a branch by law or commissions a ROC shipping agency as its agent, no foreign vessel carrier shall solicit passengers and cargoes in ROC territory.
Article 29
Any foreign vessel carrier shall complete by law the registrations of franchise and branch office during the period in which it is approved to organize the branch in ROC territory by enclosing proposal of operation and ships list, along with other relevant documents to apply to the shipping administration authority for examining and submitting to MOTC for them to issue a permit; the informalities aforementioned shall be executed within six months after the permit is issued, only after that, may such branch be allowed to commence its commercial activities.
Should any branch of foreign vessel carriers terminate business, the permit shall be submitted within 30 days of termination to the shipping administration authority through MOTC for revocation and cancellation; failure to do so will cause the shipping administration authority to report to MOTC for revocation and cancellation.
Article 30
Before commissioning a ROC shipping agent to handle transportation of passengers and cargoes and other related business, the foreign vessel carrier shall furnish the company registration issued by its government, agency contract and other relevant documents to register with the shipping administration authority through its authorized agent.
Article 31
The shipping administration authority may not approve the establishment of a branch or register the registration of the agency of a foreign vessel carrier pursuant to the first paragraph of Article 29 if it deems one of the following conditions present:
1. The documents furnished are inadequate or inconsistent and have not been corrected within the notified time limit.
2. A bad record of damaging the lawful interests of passengers or shippers over the past 3 years.
3. There is definite evidence proving poor financial status.
4. There is any other activity impeding the order of shipping.
Article 32
The provisions set forth in Articles 13, 14, 19 through 26, 34 and 35 shall also apply to the foreign vessel carriers that have branches in R.O.C. or havecommissioned ROC shipping agencies to perform or deal with the transportation of passengers and cargoes.
Article 32-1
The regulation stipulated in Article 27-1 is applicable to vessel carriers of foreign nationals who operate vessels that registered under the flag of R.O.C.
Article 33
MOTC shall develop regulations pertaining to the applications of organizations, issuance and reissuance of permits, management of registering changes, fundraising for operations, collection of certificate fees or commissioning shipping agencies in soliciting passengers and cargos for any foreign vessel carrier having a branch in ROC.
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