The Status Of Non-Vessel Operating Common Carrier

With the deepening of the reform and open of our country, foreign trade is booming. There is a particular entity entering into the business of foreign trade transportation, he accepts the cargo as a carrier from the cargoowner, bearing responsibility of transportation, meanwhile, he consigns cargo to ship line as a shipper to complete the transportation. He does not operate the vessel by which ocean shipping service is provided, but he is a carrier different from ship line. The entity is called non-vessel operating common carrier (NVOCC) in the Unite States.During the past years, there appear the cases of marine defraud concerning NVOCC are increasing in the foreign trade transportation in our country, and rules and regulations of NVOCC are not definite. For example, whether the NVOCC's B/L which is not registered under the rules and regulations can be issued in our country or not, and whether the activity of domestic freight forward on behalf of issuing the NVOCC's B/L is valid or not, we can not find the answer from the law. A set of clean B/L whose carrier can not be found is the same character of those cases. Therefore, we must realize the necessity of exigency of establishing the concept of NVOCC.Up to now, there is no concept of NVOCC in the law of our country, There are two type carriers, carrier and actual carrier, no NVOCC concept in "maritime code of the People's Republic of China", so there is also no rule for regulating the right or obligation of NVOCC.With regard to administrative law, in the history of foreign trade transportation of our country, the NVOCC was come under the range of freight forward,. But in the "international maritime rule of the People's Republic of China" the concept of NVOCC is firstly introduced, the administrative right and obligation of NVOCC are also indicated, but this rule is not effective now.There are various ways to manage the activity of NVOCC in different country, US code 46 part 515 specify the license, financial responsibility and general obligation of ocean transportation intermediary, which are divided into freight forward and NVOCC, and there are great differences of the management to freight forward and NOVCC. In European law, the freight forward and NVOCC has not obvious difference, but if he handles two business as a agent or as a carrier, different license and approval is required. In some country, he has the different name. In Japan, "Japan Freight Forward Trade Law" is the administrative law for managing the freight forward and NVOCC, The authority is transportation department of Japan. According the law, the business of NVOCC, also called "carrier-use" business is different from that of freight forward., the request for establishment is also different.THE STATUS OF NON-VESSEL OPERATING COMMON CARRIERABSTRACTWith the deepening of the reform and open of our country, foreign trade is booming. There is a particular entity entering into the business of foreign trade transportation, he accepts the cargo as a carrier from the cargoowner, bearing responsibility of transportation, meanwhile, he consigns cargo to ship line as a shipper to complete the transportation. He does not operate the vessel by which ocean shipping service is provided, but he is a carrier different from ship line. The entity is called non-vessel operating common carrier (NVOCC) in the Unite States.During the past years, there appear the cases of marine defraud concerning NVOCC are increasing in the foreign trade transportation in our country, and rules and regulations of NVOCC are not definite. For example, whether the NVOCC's B/L which is not registered under the rules and regulations can be issued in our country or not, and whether the activity of domestic freight forward on behalf of issuing the NVOCC's B/L is valid or not, we can not find the answer from the law. A set of clean B/L whose carrier can not be found is the same character of those cases. Therefore, we must realize the necessity of exigency of establishing the concept of NVOCC.Up to now, there is n...