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世界贸易组织法律文件



REPORT OF THE WORKING PARTY

ON THE ACCESSION OF CHINA



TABLE OF CONTENTS
I. INTRODUCTION 1
1. Documentation Provided 1
2. Introductory Statements 1
II. ECONOMIC POLICIES 3
1. Non-Discrimination (including national treatment) 3
2. Monetary and Fiscal Policy 5
3. Foreign Exchange and Payments 5
4. Balance-of-Payments Measures 7
5. Investment Regime 8
6. State-Owned and State-Invested Enterprises 8
7. Pricing Policies 10
8. Competition Policy 12
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 12
1. Structure and Powers of the Government 12
2. Authority of Sub-National Governments 13
3. Uniform Administration of the Trade Regime 14
4. Judicial Review 14
IV. POLICIES AFFECTING TRADE IN GOODS 15
A. TRADING RIGHTS 15
1. General 15
2. Designated Trading 17
B. IMPORT REGULATION 17
1. Ordinary Customs Duties 17
2. Other Duties and Charges 19
3. Rules of Origin 19
4. Fees and Charges for Services Rendered 19
5. Application of Internal Taxes to Imports 19
6. Tariff Exemptions 20
7. Tariff Rate Quotas 21
8. Quantitative Import Restrictions, including Prohibitions and Quotas 23
9. Import Licensing 26
10. Customs Valuation 27
11. Other Customs Formalities 28
12. Preshipment Inspection 28
13. Anti-Dumping, Countervailing Duties 29
14. Safeguards 31
C. EXPORT REGULATIONS 31
1. Customs Tariffs, Fees and Charges for Services Rendered, Application of Internal Taxes to Exports 31
2. Export Licensing and Export Restrictions 31
3. Export Subsidies 33
D. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 33
1. Taxes and Charges Levied on Imports and Exports 33
2. Industrial Policy, including Subsidies 33
3. Technical Barriers to Trade 35
4. Sanitary and Phytosanitary Measures 39
5. Trade-Related Investment Measures 40
6. State Trading Entities 40
7. Special Economic Areas 42
8. Transit 43
9. Agricultural Policies 43
10. Trade in Civil Aircraft 45
11. Textiles 45
12. Measures Maintained Against China 46
13. Transitional Safeguards 46
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 48
A. GENERAL 48
1. Overview 48
2. Responsible agencies for policy formulation and implementation 52
3. Participation in international intellectual property agreements 53
4. Application of national and MFN treatment to foreign nationals 53
B. SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS 54
1. Copyright protection 54
2. Trademarks, including service marks 54
3. Geographical indications, including appellations of origin 55
4. Industrial designs 55
5. Patents 56
6. Plant variety protection 58
7. Layout designs of integrated circuits 59
8. Requirements on undisclosed information, including trade secrets and test data 59
C. MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 60
D. ENFORCEMENT 60
1. General 60
2. Civil judicial procedures and remedies 61
3. Provisional measures 61
4. Administrative procedures and remedies 62
5. Special border measures 63
6. Criminal procedures 63
VI. POLICIES AFFECTING TRADE IN SERVICES 63
1. Licensing 63
2. Choice of Partner 66
3. Modification of the Equity Interest 67
4. Prior Experience Requirement for Establishment in Insurance Sector 67
5. Inspection Services 67
6. Market Research 67
7. Legal Services 67
8. Minority Shareholder Rights 67
9. Schedule of Specific Commitments 68
VII. OTHER ISSUES 68
1. Notifications 68
2. Special Trade Arrangements 68
3. Transparency 68
4. Government Procurement 70
VIII. CONCLUSIONS 71



I. INTRODUCTION
1. At its meeting on 4 March 1987, the Council established a Working Party to examine the request of the Government of the People's Republic of China ("China") (L/6017, submitted on 10 July 1986) for resumption of its status as a GATT contracting party, and to submit to the Council recommendations which may include a Protocol on the Status of China. In a communication dated 7 December 1995, the Government of China applied for accession to the Marrakesh Agreement Establishing the World Trade Organization ("WTO Agreement") pursuant to Article XII of the WTO Agreement. Following China's application and pursuant to the decision of the General Council on 31 January 1995, the existing Working Party on China's Status as a GATT 1947 Contracting Party was transformed into a WTO Accession Working Party, effective from 7 December 1995. The terms of reference and the membership of the Working Party are reproduced in document WT/ACC/CHN/2/Rev.11 and Corr.1.
2. The Working Party on China's Status as a Contracting Party met on 20 occasions between 1987 and 1995 under the Chairmanship of H.E. Mr. Pierre-Louis Girard (Switzerland). The Working Party on the Accession of China met on 22 March 1996, 1 November 1996, 6 March 1997, 23 May 1997, 1 August 1997, 5 December 1997, 8 April 1998, 24 July 1998, 21 March 2000, 23 June 2000, 27 July 2000, 28 September 2000, 9 November 2000, 8 December 2000, 17 January 2001, 4 July 2001, 20 July 2001 and 17 September 2001 under the same Chairman. At meetings held on 9 November 2000, 8 December 2000 and 17 January 2001, Mr. Paul-Henri Ravier, Deputy Director-General of the WTO, served as Acting Chairman.
1. Documentation Provided
3. The Working Party had before it, to serve as a basis for its discussion, a Memorandum on China's Foreign Trade Regime (L/6125) and questions posed by members of the Working Party on the foreign trade regime of China, together with replies of the Chinese authorities thereto. In addition, the Government of China made available to the Working Party a substantial amount of documentation, which is listed in document WT/ACC/CHN/23/Rev.1.
2. Introductory Statements
4. In statements to the GATT 1947 Working Party and subsequently to the Working Party on the Accession of China, the representative of China stated that China's consistent efforts to resume its status as a contracting party to GATT and accession to the WTO Agreement were in line with its objective of economic reform to establish a socialist market economy as well as its basic national policy of opening to the outside world. China's WTO accession would increase its economic growth and enhance its economic and trade relations with WTO Members.
5. Members of the Working Party welcomed China's accession to the WTO Agreement and considered that its accession would contribute to a strengthening of the multilateral trading system, enhancing the universality of the WTO, bringing mutual benefits to China and to the other Members of the WTO, and ensuring the steady development of the world economy.
6. The representative of China said that China had a territory of 9.6 million square kilometres and, at the end of 1998 a population of 1.25 billion. Since 1979, China had been progressively reforming its economic system, with the objective of establishing and improving the socialist market economy. The reform package introduced in 1994, covering the banking, finance, taxation, investment, foreign exchange ("forex") and foreign trade sectors, had brought about major breakthroughs in China's socialist market economy. State-owned enterprises had been reformed by a clear definition of property rights and responsibilities, a separation of government from enterprise, and scientific management. A modern enterprise system had been created for the state-owned sector, and the latter was gradually getting on the track of growth through independent operation, responsible for its own profits and losses. A nation-wide unified and open market system had been developed. An improved macroeconomic regulatory system used indirect means and market forces to play a central role in economic management and the allocation of resources. A new tax and financial system was functioning effectively. Financial policy had been separated from commercial operations of the central bank, which now focussed on financial regulation and supervision. The exchange rate of the Chinese currency Renminbi (also "RMB") had been unified and remained stable. The Renminbi had been made convertible on current account. Further liberalization of pricing policy had resulted in the majority of consumer and producer products being subject to market prices. The market now played a much more significant role in boosting supply and meeting demand.
7. The representative of China further noted that as a result, in 1999, the Gross Domestic Product ("GDP") of China totaled RMB 8.2054 trillion yuan (approximately US$ 990 billion). In 1998, the net per capita income for rural residents was RMB 2,160 yuan (approximately US$ 260), and the per capita dispensable income for urban dwellers was RMB 5,425 yuan (approximately US$ 655). In recent years, foreign trade had grown substantially. In 1999, total imports and exports of goods reached US$ 360.65 billion, of which exports stood at US$ 194.93 billion, and imports, US$ 165.72 billion. Exports from China in 1998 accounted for 3.4 per cent of the world's total.
8. The representative of China stated that although important achievements have been made in its economic development, China was still a developing country and therefore should have the right to enjoy all the differential and more favourable treatment accorded to developing country Members pursuant to the WTO Agreement.
9. Some members of the Working Party indicated that because of the significant size, rapid growth and transitional nature of the Chinese economy, a pragmatic approach should be taken in determining China's need for recourse to transitional periods and other special provisions in the WTO Agreement available to developing country WTO Members. Each agreement and China's situation should be carefully considered and specifically addressed. In this regard it was stressed that this pragmatic approach would be tailored to fit the specific cases of China's accession in a few areas, which were reflected in the relevant provisions set forth in China's Protocol and Working Party Report. Noting the preceding statements, Members reiterated that all commitments taken by China in her accession process were solely those of China and would prejudice neither existing rights and obligations of Members under the WTO Agreement nor on-going and future WTO negotiations and any other process of accession. While noting the pragmatic approach taken in China's case in a few areas, Members also recognized the importance of differential and more favourable treatment for developing countries embodied in the WTO Agreement.
10. At the request of interested members of the Working Party, the representative of China agreed that China would undertake bilateral market access negotiations with respect to industrial and agricultural products, and initial commitments in services.
11. Some members of the Working Party stated that in addition to undertaking market access negotiations in goods and services, close attention should also be paid to China's multilateral commitments, in particular China's future obligations under the Multilateral Agreements on Trade in Goods and the General Agreement on Trade in Services ("GATS"). This was of vital importance to ensure that China would be able to take full benefit of WTO membership as quickly as possible, as well as to ensure that the value of any market access conditions undertaken were not adversely affected by inconsistent measures such as some types of non-tariff measures.
12. The representative of China stated that the achievement of balance between rights and obligations was the basic principle in its negotiation of WTO accession.
13. Some members of the Working Party expressed concern over discrepancies in statistical information supplied by the Government of China on trade volume/value. Members and China pursued this issue separately in an Informal Group of Experts on Export Statistics.
14. The Working Party reviewed the foreign trade regime of China. The discussions and commitments resulting therefrom are contained in paragraphs 15-342 below and in the Protocol of Accession ("Protocol"), including the annexes.
II. ECONOMIC POLICIES
1. Non-Discrimination (including national treatment)
15. Some members expressed concern regarding the application of the principle of non-discrimination in relation to foreign individuals and enterprises (whether wholly or partly foreign funded). Those members stated that China should enter a commitment to accord non-discriminatory treatment to all foreign individuals and enterprises and foreign-funded enterprises in respect of the procurement of inputs and goods and services necessary for production of goods and the conditions under which their goods were produced, marketed or sold, in the domestic market and for export. In addition, those members said that China should also enter a commitment to guarantee non-discriminatory treatment in respect of the prices and availability of goods and services supplied by national and sub-national authorities and public or state enterprises, in areas including transportation, energy, basic telecommunications, other utilities and factors of production.
16. Some members of the Working Party also raised concerns over China's practice of conditioning or imposing restrictions upon participation in the Chinese economy based upon the nationality of the entity concerned. Those members in particular raised concerns over such practices in relation to the pricing and procurement of goods and services, and the distribution of import and export licences. Members of the Working Party requested that China enter into a commitment not to condition such practices on the nationality of the entity concerned.
17. In response, the representative of China emphasized the importance of the commitments that the government was undertaking on non-discrimination. The representative of China noted, however, that any commitment to provide non-discriminatory treatment to Chinese enterprises, including foreign-funded enterprises, and foreign enterprises and individuals in China, would be subject to other provisions of the Protocol and, in particular, would not prejudice China's rights under the GATS, China's Schedule of Specific Commitments or commitments undertaken in relation to trade-related investment measures.
18. The representative of China further confirmed that China would provide the same treatment to Chinese enterprises, including foreign-funded enterprises, and foreign enterprises and individuals in China. China would eliminate dual pricing practices as well as differences in treatment accorded to goods produced for sale in China in comparison to those produced for export. The Working Party took note of these commitments.
19. The representative of China confirmed that, consistent with China's rights and obligations under the WTO Agreement and the Protocol, China would provide non-discriminatory treatment to all WTO Members, including Members of the WTO that were separate customs territories. The Working Party took note of this commitment.
20. Some members of the Working Party expressed concern about certain provisions of Chinese laws, regulations, administrative notices and other requirements which could, directly or indirectly, result in less favourable treatment of imported products in contravention of Article III of the General Agreement on Tariffs and Trade ("GATT 1994"). Such requirements included product registration and certification, internal taxation, price and profit controls and all distinct forms of licensing for imports, and distribution or sale of imported goods. Even where such requirements existed in relation to domestically produced goods, those members reiterated that any de facto or de jure less favourable treatment of imported goods had to be eliminated in order to ensure full conformity with the principle of national treatment.
21. Some members of the Working Party drew China's attention to the variety of types of requirements which could contravene Article III of the GATT 1994. Specific reference was made to the procedures, charges and conditions for granting of business licences, whether to import, distribute, re-sell or retail goods of non-Chinese origin. Reference was also made to taxes and fiscal provisions whose impact depended, directly or indirectly, upon the Chinese or non-Chinese origin of the goods imported or traded. Those members drew the attention of China to its obligation to ensure that product testing and certification requirements, including procedures for in situ inspections, posed no greater burden - whether financial or practical - on goods of non-Chinese origin than on domestic goods. Those members underlined that conformity assessment procedures and standards, including safety and other compliance requirements, had to respect the terms of the WTO Agreement on Technical Barriers to Trade ("TBT Agreement") as well as Article III of the GATT 1994.
22. The representative of China confirmed that the full respect of all laws, regulations and administrative requirements with the principle of non-discrimination between domestically produced and imported products would be ensured and enforced by the date of China's accession unless otherwise provided in the Protocol or Report. The representative of China declared that, by accession, China would repeal and cease to apply all such existing laws, regulations and other measures whose effect was inconsistent with WTO rules on national treatment. This commitment was made in relation to final or interim laws, administrative measures, rules and notices, or any other form of stipulation or guideline. The Working Party took note of these commitments.
23. In particular, the representative of China confirmed that measures would be taken at national and sub-national level, including repeal or modification of legislation, to provide full GATT national treatment in respect of laws, regulations and other measures applying to internal sale, offering for sale, purchase, transportation, distribution or use of the following:
- After sales service (repair, maintenance and assistance), including any conditions applying to its provision, such as the MOFTEC third Decree of 6 September 1993, imposing mandatory licensing procedures for the supply of after-sales service on various imported products;
- Pharmaceutical products, including regulations, notices and measures which subjected imported pharmaceuticals to distinct procedures and formulas for pricing and classification, or which set limits on profit margins attainable and imports, or which created any other conditions regarding price or local content which could result in less favourable treatment of imported products;
- Cigarettes, including unification of the licensing requirements so that a single licence authorized the sale of all cigarettes, irrespective of their country of origin, and elimination of any other restrictions regarding points of sale for imported products, such as could be imposed by the China National Tobacco Corporation ("CNTC"). It was understood that in the case of cigarettes, China could avail itself of a transitional period of two years to fully unify the licensing requirements. Immediately upon accession, and during the two year transitional period, the number of retail outlets selling imported cigarettes would be substantially increased throughout the territory of China;
- Spirits, including requirements applied under China's "Administrative Measures on Imported Spirits in the Domestic Market", and other provisions which imposed distinct criteria and licensing for the distribution and sale of different categories of spirits, including unification of the licensing requirements so that a single licence authorized the sale of all spirits irrespective of their country of origin;
- Chemicals, including registration procedures applicable to imported products, such as those applied under China's "Provisions on the Environmental Administration of Initial Imports of Chemical Products and Imports and Exports of Toxic Chemical Products";
- Boilers and pressure vessels, including certification and inspection procedures which had to be no less favourable than those applied to goods of Chinese origin, and fees applied by the relevant agencies or administrative bodies, which had to be equitable in relation to those chargeable for like products of domestic origin.
The representative of China stated that in the cases of pharmaceuticals, spirits and chemicals cited above, China would reserve the right to use a transitional period of one year from the date of accession in order to amend or repeal the relevant legislation. The Working Party took note of these commitments.
2. Monetary and Fiscal Policy
24. The representative of China stated that through the reform and opening up in the last two decades, China had established a fiscal management system which was compatible with the principles of a market economy. With respect to fiscal revenue, a taxation system with a value-added tax as the main element had been established since the taxation reform in 1994. With respect to fiscal expenditure, over recent years the government had, in line with the public fiscal requirement generally exercised by market economies, strengthened its adjustment of the structure of expenditure and given priority to public needs so as to ensure the normal operations of the government.
25. The representative of China further stated that in recent years, while pursuing proactive fiscal policy, China had implemented proper monetary policy and had taken a series of adjusting and reform measures which included lowering the interest rate for loans from financial institutions, improving the system of required deposit reserves and lowering the ratio of required reserves, positively increasing the input of base money and encouraging the commercial banks to expand their credit.
26. In respect of future fiscal policy, the representative of China noted that the Government of China would further improve its taxation system and would continue to improve the efficiency of fiscal expenditure through implementing reform measures such as sectoral budget, centralized payment by the national treasury and zero base budget, as well as improving management of fiscal expenditure. With respect to future monetary policy, the central bank would continue to pursue a prudent policy, maintain the stability of RMB, promote interest rate liberalization and establish a modern commercial banking system.
3. Foreign Exchange and Payments
27. Some members of the Working Party raised concerns about China's use of forex controls to regulate the level and composition of trade in goods and services. In response, the representative of China stated that China was now a member of the International Monetary Fund ("IMF") and that recently its system of forex had undergone rapid change. Significant moves had been taken to reform, rationalize and liberalize the forex market. The practice of multiple exchange rates in swap centres had been abolished. China had already unified its forex market and removed many of the restrictions on the use of forex.
28. Outlining the historical development of China's forex reform, the representative of China stated that the purpose of China's forex reform was to reduce administrative intervention and increase the role of market forces. From 1979, a forex retention system was applied in China, although forex swap was gradually developing. In early 1994, official RMB exchange rates were unified with the market rates. The banking exchange system was adopted and a nationwide unified inter-bank forex market was established, with conditional convertibility of the Renminbi on current accounts. Since 1996, foreign invested enterprises ("FIEs") were also permitted into the banking exchange system, and the remaining exchange restrictions on current accounts were eliminated. On 1 December 1996, China had formally accepted the obligations of Article VIII of the IMF's Articles of Agreement, removing exchange restrictions on current account transactions. Accordingly, since then the Renminbi had been fully convertible on current accounts. It was confirmed by the IMF in its Staff Report on Article IV Consultations with China in 2000 that China had no existing forex restrictions for current account transactions.
29. The representative of China stated that the State Administration of Foreign Exchange ("SAFE") was under the auspices of the People's Bank of China ("PBC"), and was the administrative organ empowered to regulate forex. Its main functions were to monitor and advise on balance-of-payments and forex matters. SAFE was also required to draft appropriate regulations and monitor compliance. He further noted that domestic and foreign banks, and financial institutions could engage in forex business, with the approval of the PBC.
30. In response to requests from members of the Working Party for further information, the representative of China added that for forex payments under current accounts, domestic entities (including FIEs) could purchase forex at market exchange rates from designated banks or debit their forex accounts directly upon presentation of valid documents. For payments such as pre-payment, commission, etc., exceeding the proportion or limit, the entities could also purchase forex from the banks upon meeting the bona fide test administered by SAFE. Forex for personal use by individuals could be purchased directly from the banks upon presentation of valid documents (within a specified limit). For amounts exceeding the limit, individuals able to prove their need for additional forex could purchase it from the banks. He also noted that current account forex receipts owned by domestic entities had to be repatriated into China, some of which could be retained and some sold to the designated banks at market rates. A verification system for forex payment (imports) and forex receipt (exports) had also been adopted.
31. Concerning the exchange rate regime in particular, the representative of China noted that since the unification of exchange rates on 1 January 1994, China had adopted a single and managed floating exchange rate regime based on supply and demand. PBC published the reference rates of RMB against the US dollar, the HK dollar and Japanese yen based on the weighted average prices of forex transactions at the interbank forex market during the previous day's trading. The buying and selling rates of RMB against the US dollar on the inter-bank forex market could fluctuate within 0.3 per cent of the reference rate. For the HK dollar and Japanese yen, the permitted range was 1 per cent. Designated forex banks could deal with their clients at an agreed rate. Under such contracts the exchange rate of the US dollar was required to be within 0.15 per cent of the reference rate, whereas for the HK dollar and Japanese yen, the permitted range was 1 per cent. The exchange rates for other foreign currencies were based on the rates of RMB against the US dollar and cross-exchange rates of other foreign currency on the international market. The permitted margin between the buying and selling rate could not exceed 0.5 per cent.
32. The representative of China further noted that since 1 January 1994, designated forex banks had become major participants in forex transactions. On 1 April 1994, the China Foreign Exchange Trading System was set up in Shanghai and branches were opened in dozens of cities. The Foreign Exchange Trading System had adopted a system of membership, respective quotation, concentrated trading and forex market settlement. Designated forex banks dealt on the inter-bank market according to the turnover position limit on banking exchange stipulated by SAFE and covered the position on the market. Depending on its macro-economic objectives, the PBC could intervene in the forex open market in order to regulate market supply and demand, and maintain the stability of the RMB exchange rate.
33. The representative of China noted that since 1 July 1996, forex dealing of the FIEs was carried out through the banking exchange system. He further noted that to encourage foreign direct investment, China had granted national treatment to FIEs in exchange administration. Accordingly, FIEs were allowed to open and hold forex settlement accounts to retain receipts under current accounts, up to a maximum amount stipulated by SAFE. Receipts in excess of the maximum amount were required to be sold to designated forex banks. No restrictions were maintained on the payment and transfer of current transactions by FIEs, and FIEs could purchase forex from designated forex banks or debit their forex accounts for any payment under current transactions, upon the presentation of valid documents to the designated forex banks or SAFE for the bona fide test. FIEs could also open forex accounts to hold foreign-invested capital, and they could sell from these accounts upon the approval of SAFE. FIEs could also borrow forex directly from domestic and overseas banks, but were required to register with SAFE afterwards, and obtain approval by SAFE for debt repayment and services. FIEs could make payments from their forex accounts or in forex purchased from designated forex banks after liquidation, upon approval by SAFE according to law.
34. The representative of China further noted that the laws and regulations mentioned above were: Law of the People's Republic of China on Chinese-Foreign Equity Joint Venture; Law of the People's Republic of China on Chinese-Foreign Contractual Joint Venture; Regulations on the Exchange System of the People's Republic of China; and Regulations on the Sale and Purchase of and Payment in Foreign Exchange.
35. The representative of China stated that China would implement its obligations with respect to forex matters in accordance with the provisions of the WTO Agreement and related declarations and decisions of the WTO that concerned the IMF. The representative further recalled China's acceptance of Article VIII of the IMF's Articles of Agreement, which provided that "no member shall, without the approval of the Fund, impose restrictions on the making of payments and transfers for current international transactions". He stated that, in accordance with these obligations, and unless otherwise provided for in the IMF's Articles of Agreement, China would not resort to any laws, regulations or other measures, including any requirements with respect to contractual terms, that would restrict the availability to any individual or enterprise of forex for current international transactions within its customs territory to an amount related to the forex inflows attributable to that individual or enterprise. The Working Party took note of these commitments.
36. In addition, the representative of China stated that China would provide information on exchange measures as required under Article VIII, Section 5 of the IMF's Articles of Agreement, and such other information on its exchange measures as was deemed necessary in the context of the transitional review mechanism. The Working Party took note of this commitment.
4. Balance-of-Payments Measures
37. Some members of the Working Party stated that China should apply balance-of-payments ("BOPs") measures only under the circumstances provided for in the WTO Agreement and not as a justification for imposition of restrictions on imports for other protectionist purposes. Those members stated that measures taken for BOPs reasons should have the least trade disruptive effect possible and should be limited to temporary import surcharges, import deposit requirements or other equivalent price-based trade measures, and those measures should not be used to provide import protection for specific sectors, industries or products.
38. Those members of the Working Party further stated that any such measures should be notified pursuant to the Understanding on the Balance-of-Payments Provisions of the GATT 1994 ("BOPs Understanding") to the General Council not later than the imposition of the measures, together with a time schedule for their elimination and a programme of external and domestic policy measures to be used to restore BOPs equilibrium. Those members also stated that following deposit of such a notification, the Committee on Balance-of-Payments Restrictions ("BOPs Committee") should meet to examine the notification. It was noted that paragraph 4 of the BOPs Understanding would be available to China in the case of "essential products". Some members stated that the BOPs Committee should review the operation of any BOPs measures taken by China, if so requested by China or a WTO Member.
39. Some other members of the Working Party considered that, in respect of measures taken for BOP purposes, China should enjoy the same rights as those accorded to other developing country WTO Members, as provided in GATT Article XVIII:B and the BOPs Understanding.
40. In response, the representative of China stated that China considered that it should have the right to make full use of WTO BOPs provisions to protect, if necessary, its BOPs situation. He confirmed that China would fully comply with the provisions of the GATT 1994 and the BOPs Understanding. Further to such compliance, China would give preference to application of price-based measures as set forth in the BOPs Understanding. If China resorted to measures that were not price-based, it would transform such measures into price-based measures as soon as possible. Any measures taken would be maintained strictly in accordance with the GATT 1994 and the BOPs Understanding, and would not exceed what was necessary to address the particular BOPs situation. The representative of China also confirmed that measures taken for BOPs reasons would only be applied to control the general level of imports and not to protect specific sectors, industries or products, except as noted in paragraph 38. The Working Party took note of these commitments.
5. Investment Regime
41. The representative of China stated that since the inception of the reform and opening up policy in the late 1970's, China had carried out a series of reforms of its investment regime. The highly centralized investment administration under the planned economy had been progressively transformed into a new pattern of diversification of investors, multi-channelling of capital sources and diversification of investment modalities. The government encouraged foreign investment into the Chinese market and had uninterruptedly opened and expanded the scope for investment. At the same time, the Government of China also encouraged the development of the non-state-operated economy and was speeding up the opening of areas for non-state investment. With China's programme in the establishment of its market economy, the construction projects of various enterprises utilizing free capital and financed by the credit of the enterprise would be fully subject to the decision-making of the enterprise concerned and at their own risk. The commercial banks' credit activities to all kinds of investors would be based on their own evaluation and decision-making, and would be at their own risk. The business activities of intermediate investment agencies would be fully subject to the market and would provide service at the instruction of the investors. These agencies would break up their administrative relations with government agencies and the service activities financed by the government would also be subject to the terms and conditions agreed in the contracts concerned.
42. The representative of China further stated that China had promulgated investment guidelines and that the Government of China was in the process of revising and completing these guidelines. Responding to concerns raised by certain members of the Working Party, he confirmed that these investment guidelines and their implementation would be in full conformity with the WTO Agreement. The Working Party took note of this commitment.
6. State-Owned and State-Invested Enterprises
43. The representative of China stated that the state-owned enterprises of China basically operated in accordance with rules of market economy. The government would no longer directly administer the human, finance and material resources, and operational activities such as production, supply and marketing. The prices of commodities produced by state-owned enterprises were decided by the market and resources in operational areas were fundamentally allocated by the market. The state-owned banks had been commercialized and lending to state-owned enterprises took place exclusively under market conditions. China was furthering its reform of state-owned enterprises and establishing a modern enterprise system.
44. In light of the role that state-owned and state-invested enterprises played in China's economy, some members of the Working Party expressed concerns about the continuing governmental influence and guidance of the decisions and activities of such enterprises relating to the purchase and sale of goods and services. Such purchases and sales should be based solely on commercial considerations, without any governmental influence or application of discriminatory measures. In addition, those members indicated the need for China to clarify its understanding of the types of activities that would not come within the scope of Article III:8(a) of GATT 1994. For example, any measure relating to state-owned and state-invested enterprises importing materials and machinery used in the assembly of goods, which were then exported or otherwise made available for commercial sale or use or for non-governmental purposes, would not be considered to be a measure relating to government procurement.
45. The representative of China emphasized the evolving nature of China's economy and the significant role of FIEs and the private sector in the economy. Given the increasing need and desirability of competing with private enterprises in the market, decisions by state-owned and state-invested enterprises had to be based on commercial considerations as provided in the WTO Agreement.
46. The representative of China further confirmed that China would ensure that all state-owned and state-invested enterprises would make purchases and sales based solely on commercial considerations, e.g., price, quality, marketability and availability, and that the enterprises of other WTO Members would have an adequate opportunity to compete for sales to and purchases from these enterprises on non-discriminatory terms and conditions. In addition, the Government of China would not influence, directly or indirectly, commercial decisions on the part of state-owned or state-invested enterprises, including on the quantity, value or country of origin of any goods purchased or sold, except in a manner consistent with the WTO Agreement. The Working Party took note of these commitments.
47. The representative of China confirmed that, without prejudice to China's rights in future negotiations in the Government Procurement Agreement, all laws, regulations and measures relating to the procurement by state-owned and state-invested enterprises of goods and services for commercial sale, production of goods or supply of services for commercial sale, or for non-governmental purposes would not be considered to be laws, regulations and measures relating to government procurement. Thus, such purchases or sales would be subject to the provisions of Articles II, XVI and XVII of the GATS and Article III of the GATT 1994. The Working Party took note of this commitment.
48. Certain members of the Working Party expressed concern about laws, regulations and measures in China affecting the transfer of technology, in particular in the context of investment decisions. Moreover, these members expressed concern about measures conditioning the receipt of benefits, including investment approvals, upon technology transfer. In their view, the terms and conditions of technology transfer, particularly in the context of an investment, should be agreed between the parties to the investment without government interference. The government should not, for example, condition investment approval upon technology transfer.
49. The representative of China confirmed that China would only impose, apply or enforce laws, regulations or measures relating to the transfer of technology, production processes, or other proprietary knowledge to an individual or enterprise in its territory that were not inconsistent with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS Agreement") and the Agreement on Trade-Related Investment Measures ("TRIMs Agreement"). He confirmed that the terms and conditions of technology transfer, production processes or other proprietary knowledge, particularly in the context of an investment, would only require agreement between the parties to the investment. The Working Party took note of these commitments.
7. Pricing Policies
50. Some members of the Working Party noted that China had made extensive use of price controls, for example in the agricultural sector. Those members requested that China undertake specific commitments concerning its system of state pricing. In particular, those members stated that China should allow prices for traded goods and services in every sector to be determined by market forces, and multi-tier pricing practices for such goods and services should be eliminated. Those members noted, however, that China expected to maintain price controls on the goods and services listed in Annex 4 to the Protocol, and stated that any such controls should be maintained in a manner consistent with the WTO Agreement, in particular Article III of the GATT 1994 and Annex 2, paragraphs 3 and 4, of the Agreement on Agriculture. Those members noted that except in exceptional circumstances, and subject to notification to the WTO Secretariat, price controls should not be extended to goods or services beyond those listed in Annex 4, and China should make its best efforts to reduce and eliminate those controls. They also asked that China publish in the appropriate official journal the list of goods and services subject to state pricing and changes thereto.
51. Some members of the Working Party expressed the view that price controls and state pricing in China also encompassed "guidance pricing" and regulation of the range of profits that enterprises could enjoy. Such policies and practices would also be subject to China's commitments. In their view, price controls should be adopted only in extraordinary circumstances and should be removed as soon as the circumstances justifying their adoption were addressed.
52. The representative of China said that China currently applied a mechanism of market-based pricing under macro-economic adjustment. He noted that national treatment was applied in the areas of government pricing for all imported goods. There were presently three types of prices: government price, government guidance price and market-regulated price. The government price was set by price administration authorities and could not be changed without the approval of these authorities. Products and services subject to government pricing were those having a direct bearing on the national economy and the basic needs of the people's livelihood, including those products that were scarce in China.
53. The representative of China stated that when government prices or government guidance prices needed to be adjusted or reset, the agencies or operators concerned should apply or propose to the competent pricing authorities for that purpose. There was not a fixed time frame for the adjustment of government prices or government guidance prices. Competent agencies or operators could, in the light of market changes and according to relevant provisions of the Price Law, submit applications or proposals to the competent pricing authorities for pricing or adjustment of the original prices. The government pricing authorities would, in the light of such factors as market demand and supply, operational costs, effect on consumers as well as the quality of services, determine specific prices for the services concerned, or set guidance prices and floating ranges within which operators could determine specific prices. When setting prices for public utilities, important public welfare services and goods subject to natural monopolies and services which were of vital interest to the general public, government pricing authorities would hold public hearings and invite consumers, operators and other concerned parties to comment and debate on the necessity and impact of a price adjustment. The prices of important services were subject to the approval of the State Council. This mechanism had helped to significantly improve the rationality and transparency of government pricing. All enterprises, regardless of their nature and ownership, were free to participate in such hearings and voice their opinions and concerns which would be taken into consideration by the competent pricing authorities. Meanwhile, government pricing was product- or service-specific, regardless of the ownership of the enterprises concerned. All the enterprises and individuals enjoyed the same treatment in terms of participating in the process of setting government prices and government guidance prices.
54. The representative of China added that the government guidance price mechanism was a more flexible form of pricing. The price administration authorities stipulated either a basic price or floating ranges. The floating range of guidance pricing was generally 5 per cent to 15 per cent. Enterprises could, within the limits of the guidance and taking into account the market situation, make their own decisions on prices. With market-regulated prices, enterprises were free to set prices in accordance with supply and demand to the extent permitted by generally applicable laws, regulations and policies concerning prices.
55. The representative of China stated that in formulating government prices and government guidance prices, the following criteria were taken into account: normal production costs, supply and demand situation, relevant government policies and prices of related products. When fixing prices of consumer goods, consideration was given to the limits of consumers' purchasing power. He noted that due to the continued reform of China's price system, the share of government prices had dropped substantially and that of market-regulated prices had increased; of social retailing products, the share of government prices was about 4 per cent, that of government guidance prices 1.2 per cent, and that of market-regulated prices 94.7 per cent. For agricultural products, the share of government prices was 9.1 per cent, government guidance prices 7.1 per cent, and market-regulated 83.3 per cent. For production inputs, the share of government prices was 9.6 per cent, that of government guidance prices 4.4 per cent, and market-regulated prices 86 per cent. The share of directly government-controlled prices had been much reduced. China's price system was becoming increasingly rationalized, creating a relatively fair marketplace for all enterprises to compete on an equal footing.
56. The representative of China recalled that Annex 4 of the Protocol contained a comprehensive listing of all products and services presently subject to government guidance pricing and government pricing. He stated that the services subject to price controls were listed in Annex 4 by their respective CPC codes.
57. Some members of the Working Party requested additional information on the specific activities subject to government pricing or government guidance pricing. In particular, those members requested information on professional services, educational services, and charges for settlement clearing and transmission services of banks. In response, the representative of China stated that "The Administrative Rules on Intermediate Services" promulgated in 1999 by six central government agencies led by the State Development and Planning Commission ("SDPC") dealt with government pricing on intermediate services such as inspection authentication, notarization and arbitration and services which were in limited supply due to their special requirements. For legal services, the Interim Regulation on Charges and Fees of Legal Services, jointly promulgated by the SDPC and the Ministry of Justice stipulated that for law firms practising Chinese law, charges and fees for the following activities were subject to the approval of the SDPC: (1) representing a client in a civil case, including an appeal; (2) representing a client in a case contesting an administrative agency's decision; (3) providing legal advice to criminal suspects, acting for a client in connection with an appeal or prosecution, applying for bail, representing a defendant or victim in a criminal case; and (4) representing a client in an arbitration. For foreign legal service providers engaged in activities such as those listed in China's GATS schedule, the foreign legal service providers would determine the appropriate charges and fees which would not be subject to government pricing or guidance pricing.
58. The representative of China noted that regulations also existed for the other services included in Annex 4. Government pricing and guidance pricing covered auditing services. For architectural services, advisory and pre-design architectural services and contract administration activities were subject to government pricing or government guidance pricing. For engineering services, advisory and consultative services, engineering design services for the construction of foundations and building structures, design services for mechanical and electrical installations for buildings, construction of civil engineering works, and industrial processes and production were subject to government pricing or government guidance pricing. Primary, secondary and higher education services were subject to government pricing.
59. The representative of China further explained that charges for settlement, clearing and transmission services of banks referred to in Annex 4 related to the charges and fees collected by banks for the services provided to enterprises and individuals when the banks conducted currency payments and transmission and fund settlements by using clearance methods such as bills and notes, collections and acceptances. These mainly included commission charges of bills, cashier's cheques, cheques, remittances, entrusted collections of payment, and collections and acceptances of banks.
60. The representative of China confirmed that it would publish in the official journal the list of goods and services subject to state pricing and changes thereto, together with price-setting mechanisms and policies. The Working Party took note of these commitments.
61. The representative of China confirmed that the official journal providing price information was the Pricing Monthly of the People's Republic of China, published in Beijing. It was a monthly magazine listing all products and services priced by the State. He further stated that China would continue to further its price reform, adjusting the catalogue subject to state pricing and further liberalize its pricing policies.
62. The representative of China further confirmed that price controls would not be used for purposes of affording protection to domestic industries or services providers. The Working Party took note of this commitment.
63. Some members of the Working Party expressed a concern that China could maintain prices below market-based ones in order to limit imports.
64. In response, the representative of China confirmed that China would apply its current price controls and any other price controls upon accession in a WTO-consistent fashion, and would take account of the interests of exporting WTO Members as provided for in Article III:9 of the GATT 1994. He also confirmed that price controls would not have the effect of limiting or otherwise impairing China's market-access commitments on goods and services. The Working Party took note of these commitments.
8. Competition Policy
65. The representative of China noted that the Government of China encouraged fair competition and was against acts of unfair competition of all kinds. The Law of the People's Republic of China on Combating Unfair Competition, promulgated on 2 September 1993 and implemented on 1 December 1993, was the basic law to maintain the order of competition in the market. In addition, the Price Law, the Law on Tendering and Bidding, the Criminal Law and other relevant laws also contained provisions on anti-monopoly and unfair competition. China was now formulating the Law on Anti-Monopoly.
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES
1. Structure and Powers of the Government
66. The representative of China informed members of the Working Party that in accordance with the Constitution and the Law on Legislation of the People's Republic of China, the National People's Congress was the highest organ of state power. Its permanent body was its Standing Committee. The National People's Congress and its Standing Committee exercised the legislative power of the State. They had the power to formulate the Constitution and laws. The State Council, i.e., the Central People's Government of China, was the executive body of the highest organ of state power. The State Council, in accordance with the Constitution and relevant laws, was entrusted with the power to formulate administrative regulations. The ministries, commissions and other competent departments (collectively referred to as "departments'') of the State Council could issue departmental rules within the jurisdiction of their respective departments and in accordance with the laws and administrative regulations. The provincial people's congresses and their standing committees could adopt local regulations. The provincial governments had the power to make local government rules. The National People's Congress and its Standing Committee had the power to annul the administrative regulations that contradicted the Constitution and laws as well as the local regulations that contradicted the Constitution, laws and administrative regulations. The State Council had the power to annul departmental rules and local government rules that were inconsistent with the Constitution, laws or administrative regulations. These features of the Chinese legal system would ensure an effective and uniform implementation of the obligations after China's accession.
67. The representative of China stated that China had been consistently performing its international treaty obligations in good faith. According to the Constitution and the Law on the Procedures of Conclusion of Treaties, the WTO Agreement fell within the category of "important international agreements" subject to the ratification by the Standing Committee of the National People's Congress. China would ensure that its laws and regulations pertaining to or affecting trade were in conformity with the WTO Agreement and with its commitments so as to fully perform its international obligations. For this purpose, China had commenced a plan to systematically revise its relevant domestic laws. Therefore, the WTO Agreement would be implemented by China in an effective and uniform manner through revising its existing domestic laws and enacting new ones fully in compliance with the WTO Agreement.
68. The representative of China confirmed that administrative regulations, departmental rules and other central government measures would be promulgated in a timely manner so that China's commitments would be fully implemented within the relevant time frames. If administrative regulations, departmental rules or other measures were not in place within such time frames, authorities would still honour China's obligations under the WTO Agreement and Protocol. The representative of China further confirmed that the central government would undertake in a timely manner to revise or annul administrative regulations or departmental rules if they were inconsistent with China's obligations under the WTO Agreement and Protocol. The Working Party took note of these commitments.
2. Authority of Sub-National Governments
69. Several members of the Working Party raised concerns about the continued presence of multiple trade instruments used by different levels of government within China. Those members considered that this situation resulted in a lessening of the security and predictability of access to the Chinese market. These Members raised specific concerns regarding the authority of sub-national governments in the areas of fiscal, financial and budgetary activities, specifically with respect to subsidies, taxation, trade policy and other issues covered by the WTO Agreement and the Protocol. In addition, some members expressed concerns about whether the central government could effectively ensure that trade-related measures introduced at the sub-national level would conform to China's commitments in the WTO Agreement and the Protocol.
70. The representative of China stated that sub-national governments had no autonomous authority over issues of trade policy to the extent that they were related to the WTO Agreement and the Protocol. The representative of China confirmed that China would in a timely manner annul local regulations, government rules and other local measures that were inconsistent with China's obligations. The representative of China further confirmed that the central government would ensure that China's laws, regulations and other measures, including those of local governments at the sub-national level, conformed to China's obligations undertaken in the WTO Agreement and the Protocol. The Working Party took note of these commitments.
3. Uniform Administration of the Trade Regime
71. Some members of the Working Party stated that it should be made clear that China would apply the requirements of the WTO Agreement and its other accession commitments throughout China's entire customs territory, including border trade regions, minority autonomous areas, Special Economic Zones ("SEZs"), open coastal cities, economic and technical development zones and other special economic areas and at all levels of government.
72. Those members of the Working Party also raised concerns about whether China's central government would be sufficiently informed about non-uniform practices and would take necessary enforcement actions. Those members stated that China should establish a mechanism by which any concerned person could bring to the attention of the central government cases of non-uniform application of the trade regime and receive prompt and effective action to address situations in which non-uniform application was established.
73. The representative of China confirmed that the provisions of the WTO Agreement, including the Protocol, would be applied uniformly throughout its customs territory, including in SEZs and other areas where special regimes for tariffs, taxes and regulations were established and at all levels of government. The Working Party took note of this commitment.
74. In response to questions from certain members of the Working Party, the representative of China confirmed that laws, regulations and other measures included decrees, orders, directives, administrative guidance and provisional and interim measures. He stated that in China, local governments included provincial governments, including autonomous regions and municipalities directly under the central government, cities, counties and townships. The representative of China further stated that local regulations, rules and other measures were issued by local governments at the provincial, city and county levels acting within their respective constitutional powers and functions and applied at their corresponding local level. Townships were only authorized to implement measures. Special economic areas were also authorized to issue and implement local rules and regulations.
75. The representative of China further confirmed that the mechanism established pursuant to Section 2(A) of the Protocol would be operative upon accession. All individuals and entities could bring to the attention of central government authorities cases of non-uniform application of China's trade regime, including its commitments under the WTO Agreement and the Protocol. Such cases would be referred promptly to the responsible government agency, and when non-uniform application was established, the authorities would act promptly to address the situation utilizing the remedies available under China's laws, taking into consideration China's international obligations and the need to provide a meaningful remedy. The individual or entity notifying China's authorities would be informed promptly in writing of any decision and action taken. The Working Party took note of these commitments.
4. Judicial Review
76. Some members of the Working Party stated that China should designate independent tribunals, contact points, and procedures for the prompt review of all administrative actions relating to the implementation of laws, regulations, judicial decisions and administrative rulings of general application referred to in Article X:1 of the GATT 1994, including administrative actions relating to import or export licences, non-tariff measures and tariff-rate quota administration, conformity assessment procedures and other measures. These members sought explicit confirmation that certain types of measures, such as decisions relating to standards and chemical registration, would be subject to judicial review. Some members of the Working Party also stated that the administrative actions subject to review should also include any actions required to be reviewed under the relevant provisions of the TRIPS Agreement and the GATS. These members stated that such tribunals should be independent of the agencies entrusted with administrative enforcement of the matter and should not have any substantial interest in the outcome of the matter.
77. Those members of the Working Party stated that such review procedures should include the opportunity for appeal, without penalty, by individuals or enterprises affected by any administrative action subject to review. If an initial right of appeal were to an administrative body, there should be an opportunity to choose to make a further appeal to a judicial body. Any decision by any appellate body and the reasons therefore would be communicated in writing to the appellant, together with notification of any right to further appeal.
78. The representative of China confirmed that it would revise its relevant laws and regulations so that its relevant domestic laws and regulations would be consistent with the requirements of the WTO Agreement and the Protocol on procedures for judicial review of administrative actions. He further stated that the tribunals responsible for such reviews would be impartial and independent of the agency entrusted with administrative enforcement, and would not have any substantial interest in the outcome of the matter. The Working Party took note of these commitments.
79. In response to questions from certain members of the Working Party, the representative of China confirmed that administrative actions related to the implementation of laws, regulations, judicial decisions and administrative rulings of general application referred to in Article X:1 of the GATT 1994, Article VI of the GATS and the relevant provisions of the TRIPS Agreement included those relating to the implementation of national treatment, conformity assessment, the regulation, control, supply or promotion of a service, including the grant or denial of a licence to provide a service and other matters, and that such administrative actions would be subject to the procedures established for prompt review under Section 2(D)(2) of the Protocol, and information on such procedures would be a浙江省交通厅


关于印发《浙江省道路运输企业信用考核办法》的通知

浙交〔2007〕171号


各市交通局（委）、义乌市交通局：
为贯彻交通部《道路运输企业质量信誉考核办法（试行）》（交公路发〔2006〕294号）、《机动车维修企业质量信誉考核办法（试行）》（交公路发〔2006〕719号）等文件精神，完善我省道路运输企业信用考核体系，在征求各地意见基础上，厅对原信用考核办法进行了修订。现将修订后的《浙江省道路运输企业信用考核办法》印发给你们，请认真贯彻执行。
实施中如遇问题，请及时与省运管局联系。联系人：单伟斌，联系电话：0571-85260145，传真：0571-85260144。
附件：1、浙江省道路运输企业信用考核办法
2、关于印发《机动车维修企业质量信誉考核办法(试行))的通知



浙江省交通厅
二○○七年七月五日　

浙江省道路运输企业信用考核办法

第一章 总则
第一条 为维护道路运输市场秩序，加快道路运输市场信用建设，引导道路运输企业诚实守信、规范服务，创造良好的运输市场竞争环境，切实保障当事人的合法权益，根据《中华人民共和国道路运输条例》、《浙江省道路运输管理条例》和交通部《道路运输企业质量信誉考核办法（试行）》、《机动车维修企业质量信誉考核办法（试行）》、《机动车驾驶员培训管理规定》，结合本省实际，制定本办法。
第二条 道路运输企业信用考核，是指道路运输管理机构（以下简称运管机构）对道路运输企业在一个阶段的经营行为、安全生产、服务质量、规费缴纳、管理水平等情况的综合评价。
本办法所称的道路运输企业，包括客运企业（含班车客运、出租车客运、旅游客运和包车客运企业）、货运企业（含危险货物运输企业）、机动车维修质量检验机构、客货站（场）服务企业、机动车维修企业、机动车驾驶培训机构等。
第三条 道路运输企业信用考核工作应当遵循公开、公平、公正的原则。
第四条 道路运输企业应当自觉遵守国家有关法律、法规及规章，加强管理，诚信经营，履行社会责任，为社会提供安全、优质的运输服务。
各级交通主管部门和运管机构应当鼓励和支持信用良好的企业发展。
第五条 省交通厅主管全省道路运输企业信用考核工作。
县级以上交通主管部门负责组织领导本行政区域的道路运输企业信用考核工作。
省运管局负责具体组织实施道路运输企业信用考核工作；市、县级运管机构按本办法规定的职责，做好相关工作。

第二章 信用等级
第六条　道路运输企业信用等级按信用得分高低分为优良、合格、基本合格和不合格四个等级，分别用AAA级、AA级、A级和B级表示。
第七条　道路运输企业信用考核分为经营信用、市场信用、服务信用、完费信用、信用表彰等五个项目。
第八条 考核采取积分方法，标准分为1000分，加分为100分，信用总得分最高为1100分（具体分值标准见附件5）。
除了信用表彰一项可视情加分外，其他考核项目均视情扣分。
第九条 道路运输企业信用等级，由运管机构按照下列标准进行评定：　
信用得分满600分的道路运输企业，其信用等级根据得分高低按比例确定：AAA级企业原则上按同类建档道路运输企业的30%确定具体名额；AA级企业原则上按同类建档道路运输企业的50%确定具体名额；剩下的为A级企业。
考核期间企业有下列情形之一的，其信用等级为B级：
（一）信用得分不足600分的；
（二）客、货运企业和客运出租车企业发生一次死亡10人及以上特大道路交通责任事故的，维修企业、驾培机构发生一次死亡1人及以上安全生产（教学）责任事故的;
（三）发生一次特大恶性污染责任事故的；
（四）发生一次特大恶性服务质量事故的；
（五）拒不提供运管机构所需的考核材料的；
（六）在信用考核过程中弄虚作假、隐瞒情况或提供虚假材料的；
（七）未按要求建立信用档案，或在信用考核过程中不配合，导致信用考核工作无法进行的；
（八）因安全生产方面的问题，受到省交通厅或省运管局通报批评一次及以上的，或受到市级交通主管部门和运管机构通报批评二次及以上的，或受到县级交通主管部门和运管机构通报批评三次及以上的。
特大恶性污染责任事故是指由于企业原因，造成所承运的货物泄露、丢失、燃烧、爆炸等，对社会环境造成严重污染、造成国家和社会公众财产重大损失的运输责任事故。
特大恶性服务质量事件是指由于企业原因，对旅客或货主造成严重人身伤害或重大财产损失，或在社会造成恶劣影响，而受到省级以上交通主管部门或运管机构通报批评的服务质量事件。

第三章　考核的实施
第十条 道路运输企业信用考核的具体工作由各级运管机构的稽查部门负责，会同客运、货运、汽车维修、驾驶员培训等相关业务部门共同做好考核、检查工作。
第十一条 各地运管机构负责建立道路运输企业信用档案。信用档案包括建档道路运输企业的基本情况（见附件1）和信用记录（见附件2）以及和企业经营状况有关的奖惩记录、监督检查记录、举报投诉记录、事故记录等。道路运输企业的基本情况由运管机构掌握，不向社会公开。
第十二条 建档道路运输企业实行代码制，由各市级运管机构按编码规则（见附件4）进行编码后报省运管局确认。
第十三条 信用考核所需的材料由负责考核的运管机构收集，但下列材料由各建档企业提供，考核机构核实：企业基本情况登记表，企业经营许可证、工商营业执照、税务登记证复印件，股份制企业的企业章程、股权比例证明、验资报告，企业安全管理制度，安全生产事故记录，企业服务承诺制度，职工名册及社保号，驾驶员名册，技术职称复印件，车辆台帐（包括车辆营运证复印件），教练车台帐，收费标准，信用表彰所需的材料，考核机构要求的其他材料。
道路运输企业经营过程中的违法违章行为被行政处罚的，建档机构应当及时收存。外省运管机构将我省道路运输企业在外省违法违章事实和处理结果抄告我省运管机构的，应当记入该企业信用档案。
第十四条　各建档企业每季应将考核所需的材料如实报送所在地运管机构，不得弄虚作假。
各建档企业在第一次报送有关材料后，以后只需报送已经发生变更的相关材料，而未发生变更的材料不用重复报送，但应作出书面说明。
第十五条　信用考核每年1月1日到12月31日为一个考核周期。
信用档案由稽查部门负责记录和管理，每季进行一次信用考核数据录入，每年进行一次汇总，得出考核结果。
各市运管机构应在次年1月15日前将考核结果通过信用考核系统报送省运管局，由省运管局进行审核后公示或公布。
第十六条 道路运输企业的信用考核由各级运管机构根据考核结果进行得分排名（见附件3），并根据公布权限向社会公开，以发挥公示、提示、警示作用。
考核结果的公布权限：一百辆（含一百辆）以上客运车辆或三级以上的客运企业（不含出租车和城市公交车）、五十辆（含五十辆）以上货运车辆或三级以上的货运企业的信用考核结果，经省运管局核实后，由省运管局评出信用等级并公布；其它企业的信用考核结果经企业所在市运管机构核实后，由所在市运管机构评出信用等级并发文公布。
市级运管机构应当根据本办法规定，按照附件5-4中第二、三项指标综合得分高低依次排序，建立机动车驾驶培训机构培训质量排行榜。质量排行榜由市级驾培部门会同稽查部门共同实施全市培训机构质量排行榜检查工作。排行榜一年两次，当年七月、次年一月向社会各发布一次，并抄报省运管局。
第十七条　建档企业的年度信用考核结果公布以前应予以公示。公示时间为次年1月份，统一在96520网站上公示，公示期为15天。
第十八条　被公示单位或者其他单位、个人发现其信用考核结果有误，应在考核结果公示期内，向负责实施信用考核的运管机构提出异议，由该运管机构进行核实，异议不成立的，予以驳回；异议成立的，由该运管机构签署意见后报上级运管机构。上级运管机构经过审查，认为异议不成立的，予以驳回；认为异议成立的，予以更正。
第十九条　建档企业年度信用考核的最终结果，由考核机构在次年2月底前公布在96520网站上。

第四章　奖惩措施
第二十条 信用考核结果，作为道路运输企业审验、确定经营范围、线路招投标、线路审批（审核）、企业资质评定、站级核定的主要依据。
第二十一条　运管机构在实施道路客运班线经营许可时，在下列情况下，应参考道路运输企业的信用考核结果。
（一）两个以上道路客运企业同时申请同一新增道路客运班线经营权，在都符合许可条件的前提下，许可机关应当将经营权许可给上一年度信用等级高的客运企业。上一年度信用等级相同的，应逐年比较上一年度之前的企业信用等级，择优许可。
（二）采用服务质量招投标的方式来实施新增道路客运班线经营权许可的，企业的信用等级作为评标时重要的评价内容。
（三）道路客运企业原经营的道路客运班线经营期限届满，继续申请经营的，其企业信用等级在该班线经营期限内每年都不低于AA级，且其中两年以上达到AAA级的，在符合《道路旅客运输及客运站管理规定》有关规定的情况下，许可机关应当予以许可，并按照有关规定重新办理手续。
（四）道路客运企业原经营的道路客运班线经营期限届满，企业信用等级达不到本条第三款要求的，许可机关应当收回其10%以上到期的道路客运班线经营许可权；如果企业信用等级在班线经营期限内有两年以上为B级或三年以上为A级的，许可机关应当收回其30%以上到期的道路客运班线经营权。应收回道路客运班线经营权不足一条的，收回一条。在经营期限到期的道路客运班线中，如果发生重特大安全事故、特大服务质量事故或长期不规范经营的，必须收回。需要重新分配的，按照《道路旅客运输及客运站管理规定》及本条第一、二款的规定办理。
（五）道路客运企业信用等级为B级的，给予一年时间的整改期，在整改期内，暂停新增线路审批和参加线路招投标，并对已到更新期的车辆自动停班，不予办理车辆更新手续。整改期满，信用等级仍为B级的，其年审不予通过，限期停业整顿，或者相关班车停业整顿，其原有客运班线经营期限届满后，班线经营权由许可机关收回。
第二十二条　道路货运企业（包括危险货物运输企业等）信用等级为B级的，给予一年时间的整改期，在整改期内，暂停新增货运业务的核准。整改期满，信用等级仍为B级的，其年审不予通过，限期停业整顿，或者相关车辆停业整顿。
第二十三条　出租车企业信用等级为B级的，给予一年时间的整改期。在整改期内，暂停审批出租车经营权或暂停参加出租车经营权招投标，并对已到更新期的车辆自动停运，不予办理车辆更新手续。整改期满，信用等级仍为B级的，其年审不予通过，限期停业整顿，必要时，许可机关可以责令其与信用等级高的企业整合或将其出租客运经营权调整到信用等级高的企业中，或者相关车辆停业整顿，其原有出租客运经营期限届满后，出租客运经营权由许可机关收回。
第二十四条　运管机构可以根据机动车维修企业信用等级的高低，对企业采取推荐参加政府采购招投标、重大事故车维修、加入全国机动车维修救援网络等激励措施。
连续三年信用等级为AAA级的机动车维修企业，在许可证件有效期届满时，申请继续经营的，由作出原许可决定的运管机构直接办理换证手续。鼓励信用AAA级的机动车维修企业投资参股（股比超过50%）或以特许经营、品牌连锁等形式扩大维修网点，维修网点可享用原企业的信用等级。
运管机构应当加强对机动车维修企业信用的宣传工作，引导托修车辆的单位和个人优先选择信用等级高的机动车维修企业，运用市场机制鼓励机动车维修企业注重服务质量、维护自身信用。机动车维修企业可以使用其信用等级进行新闻宣传或者从事相关的商业活动。
机动车维修企业信用等级为B级的，运管机构给予一年时间的整改期。整改期内，暂停新增业务的核准。整改期满，信用等级仍为B级的，应降低其经营资质等级，并对其原经营范围作相应调整或者责令停业整顿。
第二十五条　机动车驾驶培训机构信用等级标注在机动车驾驶培训经营许可证件（副本）的备注栏内。
连续三年信用等级为AAA级的机动车驾驶培训机构，在许可证件有效期届满时，申请继续经营的，可由作出原许可决定的运管机构直接办理换证手续。
信用AAA级机动车驾驶培训机构可以品牌经营等形式另行投资开办、兼并或收购其他机动车驾驶培训机构，新投资开办、兼并或收购的机动车驾驶培训机构享用原机构的信用等级。
信用等级为B级或培训质量排行连续两次居全市机动车驾驶培训机构质量排行榜末两位的，运管机构应当责令其限期整改，予以通报，并实施重点监管。对于整改不合格的，通报当地公安车管部门，建议暂停受理驾驶证考试申请。
第二十六条　机动车维修质量检验机构、汽车客运站、汽车货运站（场）信用等级为B级的，给予一年时间的整改期。在整改期内，暂停新增业务的核准。整改期满，信用等级仍为B级的，应对其原经营范围作相应调整或者责令停业整顿。

第五章　监督检查
第二十七条　道路运输企业信用考核结果接受社会监督。被考核企业或其他单位、个人对考核结果有异议的，可向设区的市级运管机构书面申诉或举报。
受理单位对举报投诉必须要有反馈记录，但举报人应如实签署姓名或单位名称，并附联系方式，否则不予受理。
运管机构应当为举报人保密，不得向其他单位或个人泄漏举报人的姓名及有关情况。
第二十八条　在信用考核工作中，运管机构工作人员严重失职，利用职权索贿、受贿或者侵害企业合法权益的，由所在单位给予行政处分；情节严重构成犯罪的，由司法机关依法追究刑事责任。

第六章　附则
第二十九条　本办法由省交通厅负责解释。
第三十条 省运管局可根据实际情况修改本办法的附件。
第三十一条 本办法自发布之日起施行。其他信用或质量信誉考核办法，内容与本办法类似的，一律停止执行。

附件：1.浙江省道路运输企业基本情况登记表
2．浙江省道路运输企业信用记录
3．浙江省道路运输企业信用得分排名一览表
4．浙江省道路运输企业编码规则
5．浙江省道路运输企业信用考核标准



















附件1-1
浙江省客运企业基本情况登记表

企业代码： 登记日期： 年 月 日
企业名称 法定代表人
联系电话 注册地址
经营许可证号码 营业执照号码
资质等级 注册资本 万元 经营范围
税务登记证号 经济类型
现有职工 人 高级职称人员（含高级技师） 人 中级职称人员（含技师） 人
初级职称人员（含高、中、初级工） 人 现有职称人员占在职职工的 %
一级客运站 个 二级客运站 个 三级客运站 个
四级客运站 个 营运客车 辆 应缴规费座位数
高级客车 辆 中级客车 辆 驾驶员总数 人
月应缴运管费总额 元 月应缴公建金总额 元
备注
注：1、营运客车不包括城市公交车和出租车。
2、该表应附上道路运输经营许可证复印件、工商营业执照复印件、税务登记证复印件、企业职工名单、企业客车营运证复印件、公路规费缴纳凭证复印件。


附件1-2
浙江省客运出租车企业基本情况登记表

企业代码： 登记日期： 年 月 日
企业名称 法定代表人
联系电话 注册地址
经营许可证号码 营业执照号码
注册资本 万元 经营范围
税务登记证号 经济类型
现有职工 人 高级职称人员（含高级技师） 人 中级职称人员（含技师） 人
初级职称人员（含高、中、初级工） 人 现有职称人员占在职职工的 %
驾驶员总数 人 营运车辆 辆 应缴规费座位数 座
月应缴规费总额 元
备注
注：该表应附上道路运输经营许可证复印件、工商营业执照复印件、税务登记证复印件、企业职工名单、企业出租车营运证复印件、公路规费缴纳凭证复印件。
。



附件1-3

浙江省货运企业基本情况登记表


企业代码： 登记日期： 年 月 日
企业名称 法定代表人
联系电话 注册地址
经营许可证号码 营业执照号码
资质等级 注册资本 万元 经营范围
税务登记证号 经济类型
现有职工 人 高级职称人员（含高级技师） 人 中级职称人员（含技师） 人
初级职称人员（含高、中、初级工） 人 现有职称人员占在职职工的 %
一级货运站 个 二级货运站 个 三级货运站 个
四级货运站 个 营运货车 辆 应缴费吨位数 吨
集装箱车 辆 危险品车 辆 普通货车 辆
月应缴公建金总额 元 月应缴运管费总额 元
备注
注：该表应附上道路运输经营许可证复印件、工商营业执照复印件、税务登记证复印件、企业职工名单、货运站场核准复印件、企业货车营运证复印件、公路规费缴纳凭证复印件。
附件1-4
浙江省危险货物运输企业基本情况登记表
企业代码： 登记日期： 年 月 日
企业名称 法定代表人
联系电话 注册地址
经营许可证号码 营业执照号码
资质等级 注册资本 万元 经营范围
税务登记证号 经济类型
现有职工 人 高级职称人员（含高级技师） 人 中级职称人员（含技师） 人
初级职称人员（含高、中、初级工） 人 现有职称人员占在职职工的 %
营运车辆 辆 危险货物专用车 辆 应缴费吨位数 吨
仓库面积 平方米 场地面积 平方米
月应缴公建金总额 元 月应缴运管费总额 元
备注
注：该表应附上道路运输经营许可证复印件、工商营业执照复印件、税务登记证复印件、企业职工名单、货运站场核准复印件、企业货车及危货营运证复印件、公路规费缴纳凭证复印件、仓库和场地照片。



附件1-5
浙江省机动车维修企业基本情况登记表
企业代码： 登记日期： 年 月 日
企业名称 法定代表人
联系电话 注册地址
经营许可证号码 营业执照号码
资质等级 注册资本 经营范围
税务登记证号 经济类型
现有职工 人 技术人员数 人 从业资格证持证人数 人
高级职称人员（含高级技师） 人 中级职称人员（含技师） 初级职称人员
高级工 人 中级工 人 初级工 人
质量技术负责人 人 质量检验员 人 价格结算员 人
业务接待员 人 安全管理员 人 机修工 人
电器修理工 人 钣金工 人 油漆工 人
生产厂房面积 米2 停车场面积 米2 接待室面积 米2
收费标准 元/工时，浮动幅度 %；材料服务费费率是 %
备注
注：该表应附上道路运输经营许可证复印件、工商营业执照复印件、税务登记证复印件、企业职工名单（应注明工种、职称）、各类证书复印件、运管费缴纳凭证复印件、收费标准、厂房、停车场和接待室照片。
附件1-6
浙江省机动车驾驶培训机构基本情况登记表
机构代码： 登记日期： 年 月 日
机构名称 法定代表人
联系电话 注册地址
经营许可证号码 营业执照号码
资质等级 注册资本 万元 流动资金 万元
税务登记证号 经济类型
人员情况（人） 职工总数(人) 管理人员(人)
理论教练员(人) 驾驶操作教练员(人)
教学车辆（辆） 小型汽车(C1、C2) 大型货车(B2) 大型客车（A1）
通用货车半挂车(A2) 城市公交车(A3) 中型客车(B1)
摩托车（D、E、F） 低速汽车（C3、C4） 其他车型
教学设施（M2） 理论教室 教具展示室 办公用房
生活用房 道路交通事故教育展示室
教学场地 场地驾驶教练场 总 面积（m2） 主训练场地
其他场地
小型汽车(C1 、C2)、中型客车(B1)、低速汽车(C3、C4)训练车位数（个）
大型客车（A1）、大型货车（B2）训练车位数（个）
摩托车（D、E、F）训练车位数（个） 其他车型训练车位数（个）
场内道路驾驶教练场 单向行车道宽度（m） 同行行驶车辆密度（辆/千米） 坡道（组）
连续障碍（组） 单边桥（组） 直角转弯（组）
限宽门（组） 百米加减档（组） 训练道路长度（m）
曲线行驶（组） 侧方停车（组） 起伏路（组） 其他
常规教学用具 模拟训练用计算机 车辆整车拆装挂图 汽油车电器设备联接总线路布置图
汽油机工作原理 道路交通标志、标线、信号挂图 电控汽油喷射发动机燃料系统及原理
手动变速器及原理 离合器及原理 培训学时计算机学时管理系统
汽车液压制动系统及原理 汽油机点火系统及原理 液压制动主缸解剖模型
车用灭火器 更换车轮用工具 图 书 资 料（册）
备注
注：该表应附上道路运输经营许可证复印件、工商营业执照复印件、税务登记证复印件、企业职工名单（应注明工种、职称）、教练证复印件、运管费缴纳凭证复印件、教学设施照片、教学场地照片、常规教学用具照片。




















附件1-7
浙江省客运站基本情况登记表

客运站代码： 登记日期： 年 月 日
站名 地址
负责人姓名 联系电话
车站级别 隶属哪家企业
建筑面积 平方米 发车场地面积 平方米
候车室面积 平方米 现有职工 人
高级职称人员（含高级技师） 人 中级职称人员（含技师） 人
初级职称人员（含高、中、初级工） 人 现有职称人员占在职职工的 %
备注








附件1-8
浙江省货运站基本情况登记表


货运站代码： 登记日期： 年 月 日
站名 地址
负责人姓名 联系电话
车站级别 隶属哪家企业
建筑面积 平方米 仓库面积 平方米
业务洽谈室面积 平方米 现有职工 人
高级职称人员（含高级技师） 人 中级职称人员（含技师） 人
初级职称人员（含高、中、初级工） 人 现有职称人员占在职职工的 %
备注







附件1-9
浙江省机动车维修质量检验机构基本情况登记表


机构代码： 登记日期： 年 月 日
单位名称 站级
法定代表人 注册地址
联系电话 经营许可证号码
营业执照号码 注册资本 万元
经 营范 围 经济类型
现 有职 工 人 高级职称人员（含高级技师） 人 中级职称人员（含技师） 人
初级职称人员 人 技术负责人 人 质量负责人 人 计算机管理员 人%
检测员 人 引车员 人 设备管理员 人 档案管理员 人
主检测间面 积 米2 停车场面积 米2 接待室面积 米2
二级维护检测收费 元/次 等级评定检测收费 元/次
备注




附件2
浙江省道路运输企业信用记录
企业名称： 代码： 信用得分： 填写时间：
项目 具体信用行为 其他扣分情况
时间 地点 当事人及车号 扣分或表彰行为 填写单位
经营信用
市场信用
服务信用
完费信用
信用表彰
说明：1、要写出新闻媒体是哪一家单位，曝光何事；2、特大事故要写清车号、伤亡人数、时间；要写清表彰单位；4、其他扣分情况是指投诉率、事故频率等；5、在记录具体扣分行为时要标上序号。
附件3
浙江省道路运输企业信用得分排名一览表

序号 企业名称 信用得分 经营信用扣 分 市场信用扣 分 服务信用扣 分 完费信用扣 分 信用表彰加 分
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
说明：排名是按信用总得分的高低进行，按客运企业、客运出租车企业、货运企业、危险货物运输企业、维修企业、驾培机构、客运站、货运站、检测站九类分别排名。
附件4
浙江省道路运输企业编码规则

1、浙江省道路运输企业的代码，由2位企业类别代码和2位企业所在地区代码，以及4位运管机构的自编号组成。
2、道路运输企业类别代码是：客运企业为01，客运出租车企业为02，货运企业为03，危险货物运输企业为04，维修企业为05，驾培企业为06，客运站为07，货运站为08，检测站为09。
3、地区代码是：杭州市为01，宁波市为02，温州市为03，绍兴市为04，嘉兴市为05，湖州市为06，金华市为07，衢州市为08，丽水市为09，台州市为10，舟山市为11。
4、4位运管机构自编号是从0001一直到9999为止。
5、示例：
如果运管机构把“杭州长运公司”放在客运企业类编码，而且对该企业的自编码定为0001，那么“杭州长运公司”的代码就是01010001。如果运管机构把“杭州长运公司”放在货运企业类编码，而且对该企业的自编码定为0002，那么“杭州长运公司”的代码就是04010002。



附件5-1
浙江省客运企业信用考核标准
企业名称： 代码： 得分：
项目 考评内容 标准分数1000分 序号 扣分标准 得分
（一）经营信用 企业通过虚假的资产置换搞假联合，以提升自己的资质等级。 100分，扣完为止 100 1. 通过虚假的资产置换搞假联合的，发现一起扣50分。
2. 企业车辆不符合许可条件,每辆扣10分.
公司联合必须具备下列条件 3. 没有母、子公司关于母公司收购子公司的股东大会决议的扣10分。
4. 没有工商行政管理部门提供的母公司股权比例占子公司股权51%以上的证明的扣10分。
5. 没有子公司开户银行出具的母公司出资证明的扣10分。
6. 未出具会计师事务所提供的验资报告的扣10分。
企业实行公车公营必须真实 7. 普通客运线路假公车公营的，一经查实每起扣20分。
8. 快客班线假公车公营的，一经查实每起扣20分。
9. 高速客运班线假公车公营的，一经查实每起扣20分。
10. 在必须采取公车公营的业务中企业私下以承包的形式给个人经营的，每起扣20分。
11. 在必须采取公车公营的业务中企业私下以租赁的形式给个人经营的，每起扣20分。
禁止挂靠经营，倒卖线路。 12. 车辆的产权不是企业所有的，每辆扣10分。
13. 线路经营权不归企业所有的，每条扣20分。
14. 企业倒卖客运线路经营权的，一经查实每起扣20分。
15. 承包经营者倒卖客运线路经营权的，每起扣20分。
16. 企业司乘人员应享有《劳动法》赋予的一切权利，企业未为职工办理养老保险的，每人次扣1分。
17. 企业未为职工办理失业保险，每人次扣1分。
18. 企业未为职工办理医疗保险，每人次扣1分。
19. 企业未为职工办理工伤保险每人次扣1分。
20. 企业未为女职工（育龄妇女）办理生育保险每人次扣1分。
21. 单车营运收入不上缴企业且企业不按月发给司乘人员工资的，发现一起扣10分。
22. 企业对车辆负有安全管理责任，对推卸责任的，每辆次扣10分。
企业管理 23. 由于企业管理原因，导致发生违法《信访条例》规定、出现过激行为、严重扰乱社会秩序、造成恶劣社会影响的群体性事件的，每起扣100分；情节不严重，或经批评教育后及时改正的，每次扣50分。
（二）市场信用 企业对市场规则的遵守情况。 400分，扣完为止 130 24. 客运经营者非法转让道路运输经营许可证件的,每次扣50分。
25. 客运经营者非法出租道路运输经营许可证件的,每次扣50分。
26. 超越许可事项，从事客运经营的，每次扣30分。
27. 经营者未按规定对已经核准的车进行维护和检验，导致其与相应许可条件不符的，每辆次扣10分。
28. 经营者使用不符合相应技术标准的车辆，导致其与相应许可条件不符的，每辆次扣10分。
29. 取得客运经营许可的客运经营者使用无《道路运输证》的车辆参加客运经营的，每辆次扣20分。
30. 客运经营者未为旅客投保承运人责任险的，每次扣10分。
31. 客运经营者未按最低投保限额投保的，每次扣5分。
32. 客运经营者投保的承运人责任险已过期，未继续投保的，每次扣10分。
33. 客运经营者不按照规定携带《道路运输证》的，每辆次扣1分。
34. 客运经营者不按批准的客运站点停靠的，每辆次扣1分。
35. 班线客运经营者不按规定的客运站点停靠，每辆次扣1分。
36. 班车客运经营者站外揽客，每辆次扣1分。
37. 定线旅游客运经营者站外揽客，每辆次扣1分。
38. 包车客运经营者沿途揽客，每辆次扣1分。
39. 非定线旅游客运经营者沿途揽客，每辆次扣1分。
40. 班线客运经营者不按公布的班次行驶，每辆次扣1分。
41. 客运经营者不按公布的班次行驶的，每辆次扣1分。
42. 客运班车不按规定的班次行驶的，每辆次扣1分。
43. 道路运输经营者未按规定提供旅客车票，每次扣2分。
110 44. 班线客运经营者不按规定的线路行驶，每辆次扣5分。
45. 客运经营者不按规定的线路行驶的的，每辆次扣5分。
46. 客运班车不按规定的线路行驶的，每辆次扣5分。
47. 客运经营者强行招揽旅客的，每辆次扣5分。
48. 客运经营者以欺骗、暴力等手段招揽旅客的，每辆次扣5分。
49. 在旅客运输途中擅自变更运输车辆，每辆次扣5分。
50. 客运经营者将旅客移交他人运输的，每辆次扣5分。
51. 在旅客运输途中擅自将旅客移交他人运输的，每辆次扣5分。
52. 聘用无相应从业资格证的人员从事道路运输经营活动，每次扣5分。
53. 未报告原许可机关，擅自终止道路客运经营的，每辆次扣10分。
160 54. 客运经营者不按规定维护客运车辆的，每辆次扣5分。
55. 客运经营者不按规定维护车辆的，每辆次扣5分。
56. 客运经营者不按规定检测客运车辆的，每辆次扣5分。
57. 客运经营者不按规定检测运输车辆，每辆次扣5分。
58. 客运经营者使用擅自改装已取得《道路运输证》的客运车辆的，每辆次扣10分。
59. 客运经营者擅自改装已取得车辆营运证的车辆，每辆次扣10分。
60. 客运经营者擅自改装已取得《道路运输证》的客运车辆的，每辆次扣10分。
61. 未报原许可机关，擅自终止客运经营，每次扣10分。
62. 道路运输经营者未按规定实施安全生产管理制度，每次扣10分。
63. 道路运输经营者未按规定期限报告道路运输安全情况，每次扣10分。
64. 拖延不报道路运输安全重大交通事故，每次扣10分。
65. 道路运输经营者拖延不报道路运输安全特大交通事故，每次扣10分。
66. 道路运输经营者谎报道路运输安全重大交通事故，每次扣20分。
67. 道路运输经营者谎报道路运输安全特大交通事故，每次扣20分。
68. 道路运输经营者隐瞒道路运输安全重大交通事故，每次扣20分。
69. 道路运输经营者隐瞒道路运输安全特大交通事故，每次扣20分。
（三）服务信用 110 70. 因违章营运、服务质量差等被投诉并查实的，每起扣10分。
71. 无故未按规定时间运行的，每辆次扣2分。
72. 在站区无故不按规定停靠的，每辆次扣2分。
73. 在站区私自组客的,每起扣2分。
74. 投诉率达到10%的，扣20分；投诉率每升1个百分点，加扣5分。
75. 因服务质量差被县级新闻媒体曝光的，每次扣20分。
76. 因服务质量差被市级新闻媒体曝光的，每次扣20分。
服务质量，媒体曝光，承诺服务，旅客投诉，重特大责任事故，行车事故上升。 400分，扣完为止，如发生一次死亡10人（含10人）以上的特大责任事故，或者发生一次特大恶性污染责任事故，或者发生一次特大恶性服务质量事故，或者拒不提供运管机构所需的考核材料，就直接扣完400分。 77. 因服务质量差被省级新闻媒体曝光的，每次扣30分。
78. 因服务质量差被国家级新闻媒体曝光的，每次扣50分。
90 79. 违法违章经营行为季度曝光率超过3%的，每次扣10分。
80. 客运车辆超员，被公安交警部门查获的，每次扣10分。
81. 班车正班率低于99.9%的，扣10分；正班率每低于0.1%，再加扣1分。
82. 正点率低于98%的，扣10分；正点率每低0.1%,再加扣1分。
200 83. 没有建立承诺服务制度的，扣20分。
84. 承诺服务没兑现的，发现一次扣10分。
85. 没有公开承诺服务内容的，发现一次扣10分。
86. 未在客车上公开举报投诉电话96520的，发现一次扣10分。
87. 客运经营者擅自抬价的，发现一次扣10分。
88. 责任事故死亡频率达到0.08的，扣20分；死亡频率每上升0.01的，再扣5分。
89. 行车责任事故频率达到0.2的，扣20分；责任频率每升0.01的，再扣2分。
90. 发生特大责任事故的，每起扣50分。
91. 发生一次死亡5人（含5人）以上的特大责任事故，每次扣200分。
92. 发生行车事故造成人员死亡的，每死亡1人扣2分。
93. 超出核定死亡指标的，每超1人扣20分。
（四）完费信用 国家税费缴纳情况 100分，扣完为止 100 94. 报停后偷驶的，每辆次扣10分。
95. 逃缴公建金的，每辆次扣15分。
96. 逃缴运管费的，每辆次扣15分。
97. 拖欠公建金的，每辆扣10分。
98. 拖欠运管费的，每辆次扣10分。
99. 无公建金收据的，每辆次扣10分。
100. 伪造公建金收据的，每辆次扣10分。
101. 涂改公建金收据的，每辆次扣10分。
102. 无运输管理费收据的，每辆次扣10分。
103. 伪造运输管理费收据的，每辆次扣10分。
104. 涂改运输管理费收据的，每辆次扣10分。
105. 企业不按时缴纳公路规费的，每次扣15分。
106. 不按时纳税的，每次扣10分。
107. 逃税的，每次扣15分。
（五）信用表彰 政府表彰情况 加分100分，加满为止 108. 被省运管局评为先进企业，每次加10分。
109. 被省交通厅评为先进企业，每次加10分。
110. 被省工商局评为先进企业，每次加10分。
111. 被交通部评为先进企业，每次加20分。
112. 企业有独立的安全职能部门，加10分。
113. 企业安全职能部门配备专职人员5人以上的，加10分。
114. 企业客运班车公车公营达到50%以上的，加5分，每增加10%，加10分。
115. 服务人员统一服装的，加10分。
116. 营运车辆统一标识和外观的，加10分。
117. 全部营运车辆安装GPS或行驶记录仪并有效应用的，加10分。
118. 其它省级政府表彰，每次加10分。
119. 其他中央国家机关表彰，每次加20分。
总得分
填表人： 填表单位： 填表时间：
注:企业职工是指正式职工.责任事故是指同等以上责任。市场信用扣分实行折扣制，50辆以下的按实计算，51-100辆的打9折，101-200辆的打8折，201-300辆的打7折，301辆-400辆的打６折，401-500辆的打5折，501辆以上的打4折；独立的安全职能部门还包括安全机务、运输安全、安全保卫等部门。
附件5-2
浙江省货运企业信用考核标准
企业名称： 代码： 得分：
项目 考评内容 标准分数1000分 序号 扣分标准 得分
（一）经营信用 企业通过虚假的资产置换搞假联合，以提升自己的资质等级； 100分，扣完为止 100 1. 通过虚假的资产置换搞假联合，每起扣50分。

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