国办发(1995)13号
(February 27, 1995)
颁布日期:19950227 实施日期:19950227 颁布单位:国务院办公厅
The Three Gorges1 on the Yangtze River are important tourist resources in our country. The tourist industry in the Three Gorges on the Yangtze River has made great progress in recent years. As a result of lack of unified2 administration and blind competition among some enterprises for building tourist vessels4, such problems as the confusion of operating order, the imperfection of safety measures and a decline of service quality have surfaced in the tourist transport carrying foreigners in the Three Gorges on the Yangtze River. For the purpose of the safe navigation of tourist vessels and the advancement5 of service quality, so as to promote the healthy development of the tourist industry in the Three Gorges on the Yangtze River, and with the approval of the State Council, the relevant matters are hereby notified as follows:
1. In accordance with the relevant provisions of the Regulations of the People's Republic of China for the Administration of Water Transport, the establishment of any enterprise intended to engage in the inter-provincial tourist transport carrying foreigners in the Three Gorges on the Yangtze River shall be subject to the approval of the Ministry6 of Communications; the establishment of any enterprise intended to engage in the transport within a province shall be subject to the approval of the communications department of the province where the said enterprise is to be established.
With regard to the establishment of a Chinese-foreign equity7 joint8 venture or a Chinese-foreign contractual joint venture intended to engage in the tourist transport carrying foreigners in the Three Gorges on the Yangtze River, where the amount of investment exceeds the statutory quota9, the project proposal and the feasibility study report thereof shall be examined and approved by the State Planning Commission in consultation10 with the Ministry of Communications and other competent departments, and the contract and the articles of association thereof shall be examined and approved by the Ministry of Foreign Economic Relations and Trade; where the amount of investment is not more than the statutory quota, the project proposal and the feasibility study report thereof shall be examined and approved by the Ministry of Communications, and the contract and articles of association thereof shall be examined and approved by the Ministry of Foreign Economic Relations and Trade. The Chinese party to a Chinese-foreign equity or a contractual joint venture shall invest an amount of not less than 50% of the total amount of investment and one of the parties to the said venture shall be a professional water transport enterprise. From now on, any enterprise failing to complete the formalities in accordance to the above-mentioned provisions shall not engage in the tourist transport carrying foreigners in the Three Gorges on the Yangtze River.
2. Vessels engaged in the tourist transport carrying foreigners in the Three Gorges on the Yangtze River must conform to the technical standards provided by the Register of Shipping11 of the People's Republic of China and must possess the valid12 certificates of vessel3 survey issued by the Register of Shipping of the People's Republic of China or its authorized13 organizations. After the date of issuance of this Circular, anyone who builds vessels to be engaged in the tourist transport carrying foreigners in the Three Gorges on the Yangtze River shall apply to the Register of Shipping of the People's Republic of China or its authorized organizations for a survey under construction. For vessels that were surveyed and certificated by the local survey organizations, new applications for survey shall, within one month from the issuance of this Circular, be made to the Register of Shipping of the People's Republic of China or its authorized organizations and valid certificates of vessel survey will be issued to those of them which are surveyed up to standards.
3. Vessels engaged in the tourist transport carrying foreigners in the Three Gorges on the Yangtze River must obtain the registration14 of vessels and port entry and departure visas from the state harbour superintendencies authorized by the Bureau of Harbour Superintendency of the People's Republic of China. No harbour superintendencies without such authorization15 shall accept registration and issue port entry and departure visas to vessels engaged in the tourist transport carrying foreigners in the Three Gorges on the Yangtze River.
4. Crew members in charge of technical work on board tourist vessels receiving foreigners to travel the Three Gorges on the Yangtze River, must pass the unified examination organized by the Bureau of Harbour Superintendency of the People's Republic of China. The Yangtze Bureau of Harbour Superintendency of the People's Republic of China shall be responsible for the implementation16 of the specific affairs related to the examination. All crew members taking up their posts must hold the competency certificates of crew of the People's Republic of China.
5. It is necessary to strengthen conscientiously17 the administration of public security. The Bureau of Public Security of Navigation in the Yangtze River under the Ministry of Communications shall, in accordance with relevant provisions promulgated18 by the Ministry of Communications or the Ministry of Public Security, be responsible for the unified administration of safety protection, supervision19 of fire fighting, lodging20 registration of persons from abroad, public security of berthing21 ports and handling of various cases related to tourist vessels receiving foreigners to travel the Three Gorges on the Yangtze River. In case where especially serious accidents take place, the Interim22 Provisions on Investigation23 Procedures for Especially Serious Accidents promulgated by the State Council in 1989 shall apply to deal with the cases.
6. It is necessary to strengthen the administration of service quality in tourist vessels receiving foreigners to travel the Three Gorges on the Yangtze River. The National Tourism Administration shall formulate24 the rules on reception and service, standards and methods for star-rating in conjunction with the Ministry of Communications and other departments concerned and shall enforce the inspection25 and supervision on the service quality.
7. The Ministry of Communications shall strengthen the planning, construction and administration of ports and stations as well as tourist vessels receiving foreigners to travel the Three Gorges on the Yangtze River so as to alter the situation of the lagging construction and disorderly administration of ports and stations as early as possible and achieve coordinated26 development.
8. The Ministry of Communications shall, in accordance with the relevant provisions of the State and the requirements of this Circular, and in conjunction with the National Tourism Administration, the Ministry of Public Security and other departments concerned, check up and rectify27 vessels engaged in tourist transport business in the Three Gorges on the Yangtze River within the period of time before the end of June, 1995. The aforesaid departments shall process new registration and reissue certificates to those which meet the statutory requirements, set a time limit for those which fail to meet the requirements to make rectification28 and correction and revoke29 the operating status if requirements have not been met after such rectification and correction.
9.A system of holding joint meetings on the coordination30 in tourism in the Three Gorges on the Yangtze River shall be instituted. The Ministry of Communications shall convene31 the meeting, call together the National Tourism Administration, the Ministry of Public Security and other relevant departments and invite the local departments concerned in Sichuan, Hubei and other provinces to be present. The meeting shall non periodically be held every year to co-ordinate the relevant work and study and resolve the emerging problems with a view to advancing service quality and ensuring the normal operating order of tourist industry carrying foreigners in the Three Gorges on the Yangtze River.
10. Enterprises engaging in tourist transport carrying foreigners in the course of the Yangtze River other than the Three Gorges on the Yangtze River shall do business with reference to this Circular.
11. This Circular shall be implemented32 from the date of its issuance. If any provisions in the relevant documents issued previously33 conflict with this Circular, this Circular shall prevail.