Implementing Rules for the Admission Permission for Railway Transport Enterprises
Implementing Rules for the Admission Permission for Railway Transport Enterprises
Implementing Rules for the Admission Permission for Railway Transport Enterprises
GTYSJ [2015] No.18
May 8, 2015
Chapter 1 General Provisions
Article 1 In order to regulate the implementation of the admission permission for railway transport enterprises, the Implementing Rules for the Admission Permission for Railway Transport Enterprise (hereinafter referred to as the "Implementing Rules") have been formulated in accordance with the Administrative Licensing Law of the People's Republic of China, Regulations on the Administration of Railway Safety, Measures for the Admission Permission for Railway Transport Enterprises and other laws, administrative regulations, rules and the relevant provisions of the State.
Article 2 Where an enterprise to engage in public transport of passengers and goods by railway in the People's Republic of China, it shall, after registered as an enterprise legal person in accordance with the law, file 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.
The NRA may invite relevant departments under the people's government at the provincial level in the place where the enterprise is located and the local railway supervision administration to participate in the examination.
Article 3 For the purpose of the Implementing Rules, the scope of railway transport license 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. If an entrusted operating mode is adopted, the entrusted enterprise shall be a railway transport enterprise meeting the conditions for qualifications in corresponding admission permission scope.
Enterprises that have no ownership of railway infrastructure shall apply the independent operating mode.
Article 5 The works relating to admission permission for railway transport enterprises are subject to the requirements of the State Council on regulating and improving the administrative approval works, and the principles of lawful examination and approval, openness and fairness, convenience for the people, high-efficiency and strict accountability shall be adhered to so as to facilitate the applicants and improve the efficiency of administrative licensing.
Article 6 No matter what kind of operating mode is applied by a railway transport enterprise, the enterprise shall fulfill its primary responsibilities for work safety, and undertake obligations of public welfare railway transport. Railway transport enterprises are encouraged to open up to and cooperate with each other, conduct fair competition, and jointly maintain the order of the transport market in a bid to guarantee the smoothness of railway networks and the safety of railway transport.
Chapter II Permission Conditions
Article 7 Enterprise applicants shall meet the following conditions:
1. having the ownership or use right of railway infrastructure that is in consistent with the planning and national standards;
2. having the ownership or use right of a certain number of rolling stocks that meet national standards and industrial standards and satisfies transport scale demand. However, an enterprise only having the use right of railway infrastructure shall have the ownership of rolling stocks;
3. having production operation and management personnel that meet the railway transport job requirements and are equipped with corresponding practicing qualifications, and which can meet the scale demand for transport in term of the personnel number;
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. having organizational and administrative measures, service quality standards and production operation specifications relating to railway transport; and
6. other conditions stipulated by laws, regulations and rules.
Article 8 As for an applying enterprise intending to engage in passenger transport by high-speed railway, the person in charge of railway transport-related business thereof shall have more than ten years' work experience in railway transport management, and the person in charge of professional technical management thereof shall have more than eight years' work experience in the profession of railway transport.
As for an applying enterprise intending to engage in passenger transport by intercity railway and passenger transport by common railway, the person in charge of railway transport-related business thereof shall have more than eight years' work experience in railway transport management, and the person in charge of professional technical management thereof shall have more than five years' work experience in the specialty of railway transport.
As for an applying enterprise intending to engage in goods transport by railways, the person in charge of railway transport-related business thereof shall have more than five years' work experience in railway transport management, and the person in charge of professional technical management thereof shall have more than three years' work experience in the specialty of railway transport.
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