Laws Information

法規資訊
Title: Regulations Governing The Approval and Administration of Direct Cross-Strait Sea Transport Between the Taiwan Area and the Mainland Area
Am Date: 2015-07-31
Legislative History: Amendment to Article 6, 8, 10,13 promulgated on July 31, 2015

Transaction

Amended

Article 6
Vessel carriers applying for operating Liner Service between the Taiwan Area and the Mainland Area shall make an application with the enclosure of the following documents to the Maritime and Port Bureau for document review and submission to the MOTC for a permit: A direct cross-strait carriage liner application form, the business plan (BP), the list of vessels, the tariff list, the schedule of voyage, the certificate of vessel seaworthiness, and other relevant documents. The same shall apply to applications for permit content change.
Vessel carriers applying for operating Non-Liner Service between the Taiwan Area and the Mainland Area shall make an application with the enclosure of the following documents to the Maritime and Port Bureau for a permit by vessel and by voyage: A direct cross-strait carriage non-liner application form, the business plan (BP), and other relevant documents. The same shall apply to applications for permit content change.
When a Mainland vessel operating cargo or passenger transport enter or exit the ports for direct cross-strait in the Mainland area via the routes or courses promulgated in paragraph 2 of Article 10, its vessel carrier shall submit an application with relevant documents to the Maritime and Port Bureau for a permit. The same shall apply to applications for permit content changes.
The above permits shall be valid for a term of six months. Vessel carriers may renew the permit within fifteen days prior to expiry.

Article 8
Upon entering and exiting the ports for direct cross-strait transport in the Taiwan Area, vessel carriers operating direct cross-strait carriage between the Taiwan Area and the Mainland Area shall switch on marine VHF radio channels during the whole course and equip with the Automatic Identification System (AIS).
The foregoing regulation shall apply to vessels operating cargo or passenger transport when entering or exiting the ports for direct cross-strait transport in the Mainland area via the routes or courses promulgated in paragraph 2 of Article 10. The aforesaid vessels shall also accept dispatch orders and follow the relevant management regulations of MOTC.

Article 10
For vessel carriers operating cross-strait transport between the Taiwan area and the Mainland area, the MOTC may plan and promulgate in coordination with relevant government agencies and publish in the government gazette the routes or courses for entering and exiting the ports for direct cross-strait transport in Taiwan Area where necessary. Vessel carriers shall navigate via the promulgated routes or courses.
The MOTC may plan and promulgate in coordination with relevant government agencies and publish in the government gazette the designated routes or courses for vessels operating cargo or passenger transport to enter and exit the ports for direct cross-strait transport in the Mainland area via the restricted or prohibited waters of Kinmen and Matsu of the Taiwan Area.

Article 13
When vessel carriers violate Article 5, paragraph 1 of Article 8, paragraph 1 of Article 10, or Article 12, the MOTC may order them to make corrections or suspend part of their business and even revoke their direct cross-strait transport permit for grievous violations. .
When vessel carriers operating cargo and passenger transport between the Taiwan area and the Mainland area fail to follow paragraph 2 of Article 8 or navigate via the routes or courses promulgated in paragraph 2 of Article 10 when entering or exiting the ports for direct cross-strait transport in the Mainland area via the routes or courses promulgated in paragraph 2 of Article 10, the MOTC shall order them to make corrections immediately or revoke their direct cross-strait transport permit immediately for grievous violations and even reject their permit applications for three years.
Vessels from the Mainland area entering the restricted or prohibited waters in the Taiwan area without prior permission shall be dealt with in accordance to Articles 32 and 80-1 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area.