Implementing Rules for Contracts on Railway Freight Transport (Revised in 2011)
Implementing Rules for Contracts on Railway Freight Transport (Revised in 2011)
Implementing Rules for Contracts on Railway Freight Transport (Revised in 2011)
Order of the State Council of the People's Republic of China No.588
January 8, 2011
(Approved by the State Council on November 8, 1986, promulgated by the Ministry of Railway on December 1, 1986, and revised according to the Decision of the State Council on Repealing and Amending Certain Administrative Regulations dated January 8, 2011)
Chapter I General Provisions
Article 1 In order to standardize contracts on railway freight transport, the Implementing Rules for Contracts on Railway Freight Transport (Revised in 2011) (hereinafter referred to as the "Implementing Rules") are formulated in accordance with the relevant laws.
Article 2 For the purpose of the Implementing Rules, railway freight transport refers to operating railway freight transport announced by the Ministry of Railway of the People's Republic of China.
The Implementing Rules apply to freight transport contracts between railway transport departments and enterprises, rural economic organizations, state organs, public institutions, social organizations or other legal persons.
The Implementing Rules apply mutatis mutandis to freight transport contracts between railway transport departments and individual business operators or individuals.
Military transportation, international combined transport, and freight transport by a combination of railway and waterway, highway, aviation or pipeline shall be separately provided for.
Article 3 A consignor intending to transport goods via railway shall conclude a freight transport contract with the carrier.
A contract on railway freight transport shall be concluded based on the product allocation plan or railway transport plan assigned by the state and the railway transport capacity, according to the principle of giving priority to the transport of products subject to the state mandatory plan and taking into account products subject to guiding plan and other goods and materials. If the parties concerned cannot reach a consensus in concluding a contract on the transport of products subject to the state mandatory plan, they may report to their superior competent comprehensive departments for handling. For other freight transport, the consignors and the carriers shall conclude freight transport contracts after negotiation. (Deleted on January 8, 2011)
Chapter II Conclusion of Freight Transport Contracts
Article 4 With respect to the transport of bulk goods, freight transport contracts may be concluded on an annual, semi-annual or quarterly basis if conditions permit, or longer transport contracts may be concluded; With respect to full wagonload transport, transport contracts shall be concluded on a monthly basis. Transport contracts concluded on a monthly basis may be replaced by monthly wagon requisition plans.
With respect to the transport of breakbulk goods and container goods, bills of lading shall be taken as transport contracts.
Article 5 A freight transport contract concluded on an annual, semi-annual, quarterly or monthly basis shall be established upon signatures and confirmation by the parties concerned. When handing over goods, the consignor shall also present to the carrier, on a batch-by-batch basis, the bill of lading as an integral part of the transport contract.
A contract on the transport of breakbulk goods or container goods shall be established after the carrier affixes the station date stamp on the bill of lading presented by the consignor.
Article 6 A freight transport contract concluded on an annual, semi-annual, quarterly or monthly basis shall set forth the following basic contents:
1. Names of the consignor and the consignee;
2. The departure station and the arrival station;
3. Name of the goods;
4. Weight of the goods;
5. Type and number of wagons;
6. Liability for breach of contract; and
7. Other matters agreed by the parties concerned.
Article 7 A bill of lading shall set forth the following contents:
1. Names and detailed addresses of the consignor and the consignee;
2.
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