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

Print Time:2024/11/22 11:54
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Chapter Law Content

Title: The Regulations on Wharf and Transit Sheds at Commercial Port CH
Category: Ministry of Transportation and Communications(交通部)
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)
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