Measures for the Admission Permission for Railway Transport Enterprises

Measures for the Admission Permission for Railway Transport Enterprises

Measures for the Admission Permission for Railway Transport Enterprises

Order of the Ministry of Transport [2014] No.19

December 8, 2014

The Measures for the Admission Permission for Railway Transport Enterprises, which were adopted at the 12th executive meeting of the Ministry of Transport on November 15, 2014, are hereby promulgated and shall come into force as of January 1, 2015.

Yang Chuantang Minister

Measures for the Admission Permission for Railway Transport Enterprises

Chapter I General Provisions

Article 1 With the view to maintaining legitimate rights and interests related to social capitals for investment in, construction and operation of railways, regulating the order of the railway transport market and guaranteeing the safety of lives and properties of the public, the Measures for the Admission Permission for Railway Transport Enterprises (hereinafter referred to as the "Measures") are formulated in accordance with the Administrative Licensing Law of the People's Republic of China, Regulations on the Administration of Railway Safety and other laws, administrative regulations and the relevant provisions of the State.

Article 2 Where any enterprise as a legal person lawfully registered in the People's Republic of China is engaging in operations of public transport of passengers and goods by railway, the said enterprise shall make an application to the National Railway Administration of the People's Republic of China (hereinafter referred to as the "NRA"), and obtain a railway transport license after passing the examination.
With respect to any matter relating to local railway operations, NRA shall invite the relevant departments of the people's government of the province, autonomous region or municipality directly under the Central Government where the applying enterprise is located to participate in the examination.

Article 3 For the purpose of the Measures, the scope of railway transport permission includes the passenger transport by high-speed railway, passenger transport by intercity railway, passenger transport by common railway and goods transport by railway.

Article 4 Enterprises that have the ownership of railway infrastructure are entitled to independently decide their own modes of railway transport operation, including independent, cooperative, entrusted and other lawful operating modes.

Article 5 Railway transport enterprises shall fulfill primary responsibilities for work safety, and undertake obligations of public welfare railway transport. Railway transport enterprises are encouraged to open up and cooperate with each other, conduct fair competition, and jointly maintain the order of the transport market in a bid to guarantee open railway networks and railway transport safety.

Chapter II Permission Conditions

Article 6 Applying enterprises shall meet the following conditions:
1. having the ownership or use right of railway infrastructure meeting planning and national standards;
2. having the ownership or use right of a certain number of rolling stocks meeting national standards and industrial standards and satisfying transport scale demand. However, any enterprise, which only has the use right of railway infrastructure, shall have the ownership of rolling stocks;
3. their production operation and management personnel meeting standards for railway transport posts and having corresponding practicing qualifications, and the number of such personnel meeting the transport scale demand;
4. having work safety management institutions or safety management personnel in compliance with the provisions of laws and regulations, as well as work safety management systems and emergency plans;
5.
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