Goto Main Content
:::

Chapter Law Content

Chapter III Ship Tallymen
Article 12
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 loaded or unloaded.
3. Inspection of general cargo packaging.
4. Ship tally services, such as labeling classification of bulk cargo, the identification of container numbers and those in coordination with customs operation.
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 ship tallymen.
In case that using methods through the original channel to load, unload and transport cargo through domestic route, or ship tallymen business dealt with by the same cargo owner on the same cargo taken over alongside the ship on charter party, the ship owner or cargo owner may commission the ship tally services of the domestic shipping routes to ship tallymen depending on their actual needs.
Article 13
Whoever intends to operate ship tallymen shall make an application by furnishing the following documents in duplicate to Maritime and Port Bureau or the designated institution for approving the organization:
1. Application form of organization
2. ID copy of the authorized representative for a company organization; ID copy of the responsible person for a business entity.
3. Operation plan.
4. In case of corporation organization, the drafted articles of corporation.
5. Letter of intent 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, Maritime and Port Bureau or the designated institution 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 14
During the period granted for establishment of company, the applicant under preceding article shall complete the of company registration or business registration by law and furnish the following documents in duplicate to Maritime and Port Bureau or the designated institution 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 and business license
3. In case that the applicant is a corporation, articles of corporation is required.
4. List of business responsible person, directors, auditors, shareholders and employees.
5. Copy of supporting certificates for the ownership or use right of the business place.
Whenever the list of employees prescribed in paragraph 4 of preceding section is changed, it shall be updated timely and reported to Maritime and Port Bureau or the designated institution and Customs via internet or in written form.
Article 15
When a ship tallyman intends to change its organization, name, address, representative, or capital, it should change its company or business registration, and require for another permit from Maritime and Port Bureau or the designated institution within 30 days thereafter.
In case the permit of a ship tally is revoked, Maritime and Port Bureau or the designated institution shall notify the authority in charge of the registration of company or commercial entity.
Article 16
Tally clerks employed by ship tallymen are limited to those who age more than 20 years old, have passed a health and physical examination at a public or teaching hospital, and passed a selection examination or training class.
The selection examination mentioned above shall be conducted by the commercial association of ship tallymen and the craft union of ship tally clerks, and both associations jointly issue a certificate of tally to the qualified people.
When any of the following situations applies, ship tallymen or the commercial association of ship tallymen may, after clearly stating reasons, submit an employment list and training plan to obtain approval from Maritime and Port Bureau or the designated institution; such authouries may then employ person who is qualified after training:
1. A new port begins operating.
2. Ports with neither commercial association of ship tallymen nor the craft union of ship tally clerks.
3. Selection examinations cannot be conducted normally, and the commercial port operation undertaker, Maritime and Port Bureau or the designated institution 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 practices and the like; training time shall exceed 30 hours.
Article 17
After the completion of cargo loading and unloading operation, ship tallymen should submit tally sheet and relevant information to Customs, the commercial port operation undertaker, Maritime and Port Bureau or the designated institution via internet or in written form, for required checking and reference.
Article 18
Ship tallymen shall send a business report of the previous month to Maritime and Port Bureau or the designated institution before the 15th of every month for further reference. Maritime and Port Bureau shall order whoever fails to do so to mend within a limited period of time. Those who do not rectify before such deadline will be treated as those who have no tangible business performance.
Article 19
The upper limit of the fee-assessment standard for the ship tallymen shall be determined by the commercial association of the ship tallymen while consulting with vessel carriers, shipping agents, the National Shippers' Council of the Republic of China, and the Importers and Exporters Association of the Republic of China. If they cannot reach a consensus in the consultation, Maritime and Port Bureau and the designated institution shall summon relevant organizations to discuss and determine the standards.
The fee-assessment standard mentioned in preceding section shall be reported to Maritime and Port Bureau or the designated institution for further reference, the actual fees charged shall be allowed to be discretionarily decided by ship tallymen.