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