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Chapter II Ship stevedore operators
Article 3
Application of a ship stevedore operator operating within commercial port area shall meet the following minimum requirements:
1. Paid-up capital: NT$20,000,000 for international commercial port; NT$8,000,000 for domestic commercial port.
2. 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 application for 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 and number of stevedores, shall apply mutatis mutandis for the requirements as mentioned in the preceding section for domestic commercial port. Only the handling equipment/facilities may be served in accordance with real practices.
Article 4
Except for conforming to the minimum requirements provided by the preceding article, the person who applies as a ship stevedore operator shall cooperate with the commercial port operation undertaker, Maritime and Port Bureau or any institution designated by Executive Yuan (hereinafter referred to as “Designated Institution”) to build or lease the exclusive wharf, or to enter into a stevedore contract with the exclusive wharf 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 operation undertaker, Maritime and Port Bureau or the designated institution to build or lease the warehousing facilities in hinterland area of a wharf.
The managing operation for each wharf as for paragraph 1 or the warehousing facilities in hinterland area of a wharf as for paragraph 2 shall be limited to only one ship stevedore operator and shall not operate beyond the agreed area. Provided it’s approved by the Maritime and Port Bureau or assigned institutions, for the circumstances of insufficient cargo amount for the domestic commercial port wharf, which has not yet opened for leasing, this restriction shall be waived.
Article 5
Ship stevedore operators shall employ the loading, unloading or handling workers in accordance with the Labor Standard Law. The handling equipment/facilities may be served via purchasing or leasing.
Article 6
Whoever intends to run a ship stevedore operator shall apply by means of furnishing the following documents in duplicate to Maritime and Port Bureau or the designated institution for approval:
1. Application form of organization
2. Approval letter issued by the commercial port operation undertaker (may be waived in the circumstances of domestic commercial ports which are operated by Maritime and Port Bureau or the designated institution)
3. ID copy of the authourized representative of company
4. Operation plan:
(1)Kinds of cargoes and forms of handling for operation
(2)Capital
(3)Estimated number of Employees, specifying the number of loading, unloading and handling workers
(4)Kinds and number of self-owned or leased equipment/facilities and maintenance thereof
(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
5. Drafted articles of corporation
In the case that the documents submitted pursuant to preceding section are incomplete or are deficient in content, the Maritime and Port Bureau or the designated institution may issue notice to request 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 7
During the period granted for establishment of company, the applicant under preceding article shall complete the company registration or business registration according to the related law and prepare the operating facilities, and furnish the following documents in duplicate to local Maritime and Port Bureau for permission 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
3. Articles of corporation
4. Copy of insurance policy for the liability insurance of public accidents
5. List of representative of company, directors, shareholders, and operation workers employed.
6. Facilities onsite inspection approval documents issued by Commercial Port Administration Authority (may be waived in the circumstances of domestic commercial ports which are operated by Maritime and Port Bureau or the designated institution)
At the time when ship stevedore operators applies for the operation permit, the amount of the maximum indemnity within the coverage period of the public liability insurance policy is NT$10 million. The minimum coverage for different incidents is as follows:
1. NT$ 4 million for each bodily injury.
2. NT$ 8 million per incident for bodily injury.
3. NT$ 2 million per incident for property damage.
The minimum insurance period of the preceding paragraph is 1 year, and the renewal shall be completed one month before the due date. Copy of the insurance contract shall be sent to the Maritime and Port Bureau or the designated institution for further reference.
The contract signing, modificating, terminating or cancellation of liability insurance of public accidents prescribed in paragraph 2, shall be reported in written form to the Maritime and Port Bureau or the designated institution by the ship stevedore operator. In case of discretionary termination or cancellation of liability insurance of public accidents without approval, the Maritime and Port Bureau shall require it to improve within a specific time period. If it fails to improve within that time period, the Maritime and Port Bureau or the designated institution is entitled to revoke its operation permission and withdraw the permit.
Article 8
A ship stevedore operator desiring to alter the organization, name, address, representative or capital of it shall, within 30 days after the completion of company registration of such alteration by law, make an application to the Maritime and Port Bureau or the designated institution for replacing the permit.
In case a Permit of a ship stevedore operator is revoked, the Maritime and Port Bureau or the designated institution shall notify the authority in charge of the registration of company.
Article 9
The commercial port operation undertaker, Maritime and Port Bureau or the designated institution is entitled to collect administration fees from ship stevedore operators based on an agreement.
Article 10
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 authority, and the charges shall not exceed the maximum amount as so stipulated.
The ship stevedore operator shall file the loading and unloading manifest list and relevant information with the commercial port operation undertaker, Maritime and Port Bureau or the designated institution, before and after the loading and unloading operations.
Article 11
A ship stevedore operator shall hand in report of the previous year to Maritime and Port Bureau or the designated institution for further reference before end of June, by providing a balance sheet, income statement, list of loading and unloading performance, list of loading and unloading equipment and facilities.