Port Law of the People’s Republic of China @ gtrip
gtrip
RSS icon Email icon
  • Port Law of the People’s Republic of China

    Posted on 二月 24th, 2010 znnw No comments

    Order of the President of the People’s Republic
    of China

    No. 5

     

    The Port Law of the People’s Republic of China, adopted at the
    3rd Meeting of the Standing Committee of the Tenth National
    People’s Congress of the People’s Republic of China on June 28,
    2003, is hereby promulgated and shall go into effect as of January
    1, 2004.

     

      

    Hu Jintao 

      President of the
    People’s Republic of China

      June 28, 2003

      

    Contents

    Chapter I General Provisions

    Chapter II Port Planning and Construction

    Chapter III Port Operation

    Chapter IV Port Safety and Supervision

    Chapter V Legal Responsibilities

    Chapter VI Supplementary Provisions

     

    Chapter I

    General Provisions

     

    Article 1 This Law is enacted with a view to strengthening port
    administration, maintaining port safety and operational order,
    protecting the legitimate rights and interests of the parties and
    promoting the construction and development of ports.

     

    Article 2 This Law is applicable to the planning, construction,
    maintenance, operation and administration of ports and other
    relevant activities.

     

    Article 3 As used in this Law, the term “port” means a region
    comprising certain water and land areas, having the functions for
    vessels to enter, leave, lie at anchor and moor, for passengers to
    embark and disembark, and for goods to be loaded, unloaded,
    lightered and stored, and being equipped with the necessary dock
    facilities.

     

    A port may consist of one or more port areas.

     

    Article 4 The State Council and the local people’s governments
    at or above the county level concerned shall embody the
    requirements of port development and planning in their plans of
    national economic and social development, protect and make rational
    use of the port recourses in accordance with law.

     

    Article 5 The State encourages economic organizations and
    individuals at home and abroad to invest in port construction and
    operation in accordance with law, and protects the legitimate
    rights and interests of the investors.

     

    Article 6 The competent department of communications under the
    State Council shall be in charge of the administration of port
    affairs throughout the State.

     

    The local people’s governments shall, in accordance with the
    regulations on the system for port administration formulated by the
    State Council, decide on the administration of the port situated
    within their own administrative areas.

     

    According to the port administration system decided on as
    prescribed in the preceding paragraph, for a port that comes under
    the administration of the people’s government of the city or county
    where it is located, the said people’s government shall assign a
    department to administer the port specifically; and for a port that
    comes under the administration of the people’s government of a
    province, autonomous region, or municipality directly under the
    Central Government where it is located, the said people’s
    government shall assign a department to administer the port
    specifically.

     

    The departments assigned as per the provisions in the preceding
    paragraph to conduct specific port administration are hereinafter
    referred to as port administration authorities in general.

     

    Chapter II

    Port Planning and Construction

     

    Article 7 Port plans shall be drawn up in accordance with the
    requirements of national economic and social development and the
    needs of national defense, shall embody the principle of rational
    use of the coastline resources, shall comply with the plans for the
    network of cities and towns, and shall be connected and coordinated
    with the general plans for land use, general city plans, river
    basin plans, flood-control plans, marine function divisions,
    waterway transport development plans, development plans for other
    modes of transport and other relevant plans provided for by laws or
    administrative regulations.

     

    In drawing up a port plan, specialists shall be invited to
    expound and prove it; and the effects on the environment shall be
    evaluated in accordance with law.

     

    Article 8 Port plans include port layout plans and port general
    plans.

     

    A port layout plan means the plan for the geographical
    distribution of ports, embracing the national port layout plan and
    the port layout plan of a province, autonomous region, or
    municipality directly under the Central Government.

     

    A port general plan means the specific plan of one port for a
    given period of time, embracing the scope of water and land areas,
    division of the port area, handling capacity and types of calling
    vessels, the character and functions of the port, use of water and
    land areas, use of coastline for the construction of port
    facilities, allocation of land for construction, the order of
    construction phases, etc.

     

    The port general plan shall conform to the port layout plan.

     

    Article 9 The national port layout plan shall be drawn up by the
    competent department of communications under the State Council
    after consulting with the relevant departments under the State
    Council and the military authorities concerned and shall be
    promulgated for implementation upon approval by the State
    Council.

     

    With respect to the port layout plan of a province, autonomous
    region, or municipality directly under the Central Government, the
    people’s government of the province, autonomous region, or
    municipality directly under the Central Government shall make
    arrangements to draw it up on the basis of the national port layout
    plan and submit it to the competent department of communications
    under the State Council for comments and suggestions. If the said
    department puts forward no suggestions for revision within 30 days
    from the date it receives the plan submitted for its comments and
    suggestions, the port layout plan shall be promulgated for
    implementation by the people’s government of the province,
    autonomous region, or municipality directly under the Central
    Government. If the competent department of communications under the
    State Council considers the plan not in conformity with the
    national port layout plan, it shall put forward its suggestions for
    revision within 30 days from the date it receives the plan. If the
    people’s government of the relevant province, autonomous region, or
    municipality directly under the Central Government raises
    objections to the suggestions for revisions, it shall report to the
    State Council for decision.

     

    Article 10 A port general plan shall be drawn up by the port
    administration authority after consulting with the relevant
    departments and the military authorities concerned.

     

    Article 11 With respect to the general plan of a major port with
    an important geographical position, a relatively great handling
    capacity and a fairly wide-spread effect on the economic
    development, the competent department of communications under the
    State Council shall consult with the relevant departments under the
    State Council and the military authorities concerned, before it
    gives approval to the plan in conjunction with the people’s
    government of the relevant province, autonomous region, or
    municipality directly under the Central Government and promulgates
    it for implementation. The list of major ports shall be decided on
    and promulgated after the competent department of communications
    under the State Council consults with the relevant departments
    under the State Council.

     

    The people’s government of a province, autonomous region, or
    municipality directly under the Central Government shall decide on
    the major ports located there after consulting with the competent
    department of communications under the State Council. The general
    plans of the major ports shall be subject to approval and be
    promulgated for implementation by the people’s government of the
    province, autonomous region, or municipality directly under the
    Central Government after consulting with the competent department
    of communications under the State Council.

     

    The general plans of the ports other than the ones as specified
    in the preceding two paragraphs shall be promulgated for
    implementation upon approval by the people’s government of the city
    or county where the ports are located and shall be submitted to the
    people’s government of the province, autonomous region, or
    municipality directly under the Central Government for the
    record.

     

    The general plan of a port belonging to the category of the
    ports as specified in the first or second paragraph of this Article
    which is drawn up by the port administration authority of the
    people’s government of a city or county shall be subject to
    examination and agreement by the said people’s government before it
    is submitted for examination and approval.

     

    Article 12 Revision of port plans shall be made in accordance
    with the procedures for formulating port plans.

     

    Article 13 Where deep-water coastline is to be used for the
    construction of port facilities in the area covered by the port
    general plan, the matter shall be subject to approval by the
    competent department of communications under the State Council
    together with the department in charge of comprehensive and
    macro-economic regulation and control under the State Council.
    Where non-deep-water coastline is to be used for the construction
    of port facilities, the matter shall be subjected to approval by
    the port administration authority. However, where port coastline is
    to be used for the construction of a project which has been
    approved by the State Council or the department in charge of
    comprehensive and macro-economic regulation and control under the
    State Council, there shall be no need to go through the formalities
    of examination and approval separately for such use.

     

    The standard of port deep-water coastlines shall be formulated
    by the competent department of communications under the State
    Council.

     

    Article 14 Port construction shall conform to port plans. No
    port facilities shall be constructed at variance with port
    plans.

     

    Article 15 With respect to port construction projects subject to
    approval by the relevant authorities according to State
    regulations, the approval formalities shall be gone through in
    accordance with the relevant regulations of the State, and the
    projects shall conform to the relevant national standards and
    technical specifications.

     

    The effect exerted by port construction projects on the
    environment shall be evaluated in accordance with law.

     

    Safety facilities and environmental protection facilities for
    port construction projects shall be designed, constructed and put
    into use simultaneously with the principal parts of the
    projects.

     

    Article 16 In port construction, land and water areas shall be
    used in conformity with the provisions of the laws and
    administrative regulations concerning administration of land and of
    the use of sea areas, administration of the river courses and of
    the fairways and administration of protection for military
    facilities, and other relevant laws and administrative
    regulations.

     

    Article 17 Places in ports for handling dangerous cargoes and
    special places for sanitation and pest elimination shall conform to
    the general plans of ports and the requirements of the State for
    safe production, protection against fire, inspection and
    quarantine, and environmental protection; the distance between such
    places and densely-populated districts and the passenger transport
    facilities in the port shall conform to the regulations of the
    relevant departments under the State Council; and such places shall
    be constructed only after the relevant formalities are gone through
    in accordance with law and approval is given by the port
    administration authorities.

     

    Article 18 Beacons and other auxiliary facilities shall be put
    up simultaneously with the construction of the port and their
    putting into use on schedule shall be guaranteed.

     

    The construction of office facilities for the relevant
    administrative authorities in the port shall conform to the port
    general plan, and the expenses involved therefor shall not be
    apportioned among port operators.

     

    Article 19 Upon completion of construction, port facilities
    shall be put into use only after they are checked and accepted as
    qualified in accordance with the relevant regulations of the
    State.

     

    The ownership of port facilities shall be determined in
    accordance with the provisions of relevant laws.

     

    Article 20 The relevant people’s governments at or above the
    county level shall guarantee the necessary investment of funds in
    the construction and maintenance of the port infrastructures for
    public use, such as the fairways, breakwaters and anchorages. The
    specific measures thereof shall be formulated by the State
    Council.

     

    Article 21 The relevant people’s governments at or above the
    county level shall take measures and make arrangements for the
    construction of facilities subsidiary to the port, such as
    fairways, railways, roads, water supply and drainage, power supply
    and telecommunications.

     

    Chapter III

    Port Operation

     

    Article 22 Whoever intends to operate a port shall submit a
    written application to the port administration authority for a port
    operation permit and register with the department for industry and
    commerce in accordance with law.

     

    When granting permission for port operation, the port
    administration authority shall follow the principles of openness,
    impartiality and fairness.

     

    Port operations include the operations of dock and other port
    facilities, port services for passenger transport, cargo loading,
    unloading, lightering and storing in the port area, and operations
    of tugs in port.

     

    Article 23 Whoever intends to obtain a port operation permit
    shall have fixed business places and the necessary facilities,
    equipment, professional technicians and managerial staff for the
    operations, and meet the other requirements provided for by laws
    and regulations.

     

    Article 24 The port administration authority shall make a
    decision whether to grant or not to grant permission within 30 days
    from the date it receives the written application prescribed in the
    first paragraph of Article 22 of this Law. If it decides to grant
    permission, it shall issue a port operation permit to the
    applicant. If it refuses to do so, it shall inform the applicant of
    the fact in writing and give the reasons why.

     

    Article 25 Whoever intends to engage in port tallying shall
    obtain a permit in accordance with relevant regulations. Permission
    for port tallying shall be granted in adherence to the principles
    of openness, impartiality and fairness. The specific measures shall
    be formulated by the competent department of communications under
    the State Council.

     

    A port tallyman shall do the tallying impartially and
    accurately; and he shall not concurrently engage in the loading,
    unloading and storing of cargoes as prescribed in the third
    paragraph of Article 22 of this Law.

     

    Article 26 In conducting operational activities, a port operator
    shall abide by the relevant laws and regulations and the rules
    governing port operations formulated by the competent department of
    communications under the State Council, perform in accordance with
    law the obligations agreed upon in contracts, and provide clients
    with fair and fine services.

     

    A port operator engaged in passenger transport shall take
    effective measures to ensure the passengers’ safety, provide them
    with quick and convenient services and keep a good environment for
    them when waiting to board a ship.

     

    A port operator shall, in accordance with the laws and
    regulations concerning environmental protection, take effective
    measures to prevent and control pollution and hazards to the
    environment.

     

    Article 27 A port operator shall give first priority to the
    materials for use in emergency, materials for relief of disasters
    and materials urgently needed for the buildup of national
    defence.

     

    Article 28 At his business place, a port operator shall
    publicize the items of services on which fees are charged and the
    service rates. Unless publicized, they shall not be put into
    practice.

     

    Where the rates of port operational fees are guided or fixed by
    the government in accordance with law, the port operator shall
    collect fees according to the relevant regulations.

     

    Article 29 The State encourages and protects fair competition in
    port operational activities.

     

    A port operator shall not make a monopoly of the operation or
    conduct illegitimate competition and shall not by any means compel
    another person to accept the port services he provides.

     

    Article 30 The port administration authorities shall, in
    accordance with the provisions in the Statistics Law of the
    People’s Republic of China and relevant administrative regulations,
    require the port operators to provide statistical data, the port
    operators shall provide truthful data.

     

    The port administrative authorities shall, in accordance with
    the relevant regulations of the State, submit the statistical data
    provided by port operators to the authorities at a higher level
    without delay and shall keep the business secrets for the port
    operators.

     

    Article 31 The legitimate rights and interests of the port
    operators are protected by law. No units or individuals may
    apportion charges among the port operators or collect fees from
    them in violation of laws, or illegally interfere with the right of
    the port operators to make their own decisions for their
    operation.

     

    Chapter IV

    Port Safety and Supervision

     

    Article 32 A port operator shall, in accordance with the
    provisions in the Law of the People’s Republic of China on Work
    Safety and other relevant laws and regulations and the provisions
    of the rules formulated by the competent department of
    communications under the State Council concerning safe operation of
    ports, tighten supervision over safe production, establish sound
    rules and regulations on the responsibility system for safe
    production, keep improving the conditions for safe production, take
    effective measures for safe production and ensure safe
    production.

     

    A port operator shall, in accordance with law, make its own
    contingency plans against accidents due to dangerous cargoes,
    emergency plans for evacuation and rescue of passengers in a major
    accident due to lack of safe production and plans against natural
    disasters, and shall ensure the implementation of the plans.

     

    Article 33 A port administration authority shall formulate port
    contingency plan against accidents due to dangerous cargoes in port
    that may jeopardize public interests, emergency plans for
    evacuation and rescue of passengers in a major accident due to lack
    of safe production and plans against natural disasters, and shall
    establish a sound port emergency and rescue system major accidents
    due to lack of safe production in port.

     

    Article 34 Before a vessel enters or leaves a port, the matter
    shall be reported to the maritime administration authority in
    accordance with the provisions in laws and administrative
    regulations concerning waterway traffic safety. After receiving the
    report, the maritime administration authority shall, without delay,
    notify the port administration authority thereof.

     

    Before a vessel carrying dangerous cargoes enters or leaves a
    port, the descriptions, characteristics and package of the cargoes
    and the time of entry or departure shall be reported to the
    maritime administration authority in accordance with the
    regulations of the competent department of communications under the
    State Council. After receiving the report, the maritime
    administration authority shall make the decision whether to grant
    approval or not within the time limit specified by the competent
    department of communications under the State Council and notify the
    reporter and the port administration authority of the decision.
    However, fixed vessels navigating along fixed routes and carrying
    fixed categories of cargoes may make the report on a regular
    basis.

     

    Article 35 Before loading, unloading and lightering dangerous
    cargoes in a port area, the descriptions, characteristics and
    package of the cargoes and the time and place for the operations
    shall be reported to the port administration authority in
    accordance with the regulations of the competent department of
    communications under the State Council. After receiving the report,
    the said authority shall make the decision whether to grant
    approval or not within the time limit specified by the competent
    department of communications under the State Council and notify the
    reporter and the maritime administration authority of the
    decision.

     

    Article 36 A port administration authority shall, in accordance
    with law, conduct supervision and inspection of safe production in
    the port and maintain patrol of key docks where masses of
    passengers embark and disembark or relatively large quantities of
    cargoes are loaded and unloaded, or which are used for special
    purposes. If hidden dangers threatening safety are found during
    inspection, it shall instruct the party under inspection to
    eliminate, immediately or within a time limit, such dangers.

     

    The department in charge of supervision of safe production and
    other departments concerned shall, within the limits of their
    respective duties, conduct supervision and inspection of safe
    production in the port in accordance with the provisions of laws
    and regulations.

     

    Article 37 Aquaculture and planting in the water area of a port
    is prohibited.

     

    Excavation, demolition and other activities in a port area that
    may threaten port safety are prohibited; but where such activities
    are really needed for construction or other purposes, the necessary
    protective measures for safety shall be taken and the activities
    shall be reported to the port administration authority for
    approval; and where, according to the provisions of the laws and
    administrative regulations concerning waterway traffic safety,
    approval by the maritime administration authority is required, such
    activities shall, in addition, be reported to the said authority
    for approval.

     

    Dumping of soil and sand and stone into the water area of a port
    and discharging of noxious and harmful substances in excess of the
    specified norms in violation of laws and regulations concerning
    environmental protection are prohibited.

     

    Article 38 With respect to the construction of bridges,
    submarine tunnels, hydropower stations and other projects that may
    change the hydrologic conditions of a port, the department
    responsible for examination and approval of such projects shall
    consult with the port administration authority beforehand.

     

    Article 39 With respect to vessels which need be piloted into or
    out of a port in accordance with the laws and administrative
    regulations concerning waterway traffic safety, an application for
    pilotage shall be submitted to the pilotage authority. The specific
    measures for pilotage shall be formulated by the competent
    department of communications under the State Council.

     

    Article 40 In conditions where passengers and cargoes are held
    up so that the port is blockaded, the port administration authority
    shall take effective measures in time to regulate the flow of
    passengers and cargoes; and when it deems it necessary, the
    people’s government of the city or county where the port is located
    may directly take measures to do so.

     

    Article 41 The port administration authority shall take charge
    of the formulation of the charter of the port under its
    administration and make the charter known to the public.

     

    The contents of the port charter shall include the descriptions
    of the port’s geographical position, fairway conditions, harbor
    depth, mechanical equipment, cargo handling capacity, etc.,
    together with the specific measures taken by this port for the
    implementation of laws and regulations concerning port
    administration and the relevant regulations of the competent
    department of communications under the State Council.

     

    Article 42 The port administration authority shall supervise and
    inspect the implementation of this Law in compliance with its
    duties.

     

    When exercising supervision and inspection in accordance with
    law, the supervisors or inspectors from the port administration
    authority shall have the right to ask the unit under inspection and
    the individuals concerned for relevant information and to look up
    and duplicate relevant materials.

     

    The supervisor or inspector shall keep confidential the business
    secrecies learnt during inspection.

     

    The supervisor or inspector shall produce his law-enforcement
    papers when exercising supervision and inspection.

     

    Article 43 The supervisor or inspector shall keep a written
    record of the time, place and items of supervision and inspection,
    the problems found, and the solutions thereof, and the record shall
    be signed by the supervisor or inspector and the person in charge
    of the unit under inspection. Where the person in charge of the
    unit under inspection refuses to sign, the supervisor or inspector
    shall put such refusal on record and report it to the port
    administration authority.

     

    Article 44 The unit under inspection and individuals concerned
    shall accept the supervision and inspection conducted by the port
    administration authority in accordance with law, truthfully provide
    the relevant information and materials and shall not refuse to
    accept inspection, conceal the relevant information and materials,
    or provide false information and materials.

     

    Chapter V

    Legal Responsibilities

     

    Article 45 Whoever commits one of the following acts shall be
    instructed by the local people’s government at or above the county
    level or by the port administration authority to rectify within a
    time limit; if he fails to do so at the expiration of the time
    limit, the authority that makes the decision for rectification
    within a time limit shall apply to the people’s court for
    compulsory demolishing of the facilities constructed in violation
    of law; and a fine of not more than RMB 50,000 yuan may be imposed
    on him:

     

    (1) constructing a port, dock or other port facilities at
    variance with port plans; or

     

    (2) using port coastlines in the construction of port facilities
    without obtaining approval in accordance with law.

     

    Where the department in charge of examination and approval of
    construction projects grants approval to the construction of a
    project at variance with port plans, the persons directly in charge
    and the other persons directly responsible shall be given
    administrative sanctions in accordance with law.

     

    Article 46 Whoever, without obtaining approval in accordance
    with law, has places constructed in a port for handling dangerous
    cargoes or special places constructed for sanitation and pest
    elimination, or fails to keep the distance between the said places
    and the densely-populated districts or the passenger transport
    facilities in the port in conformity with the regulations of the
    relevant departments under the State Council shall be instructed by
    the port administration authority to stop their construction or use
    and to rectify within a time limit and may be imposed a fine of not
    more than 50,000 yuan.

     

    Article 47 Whoever puts into use the handling facilities or
    passenger transport facilities which are not checked and accepted
    as qualified shall be instructed by the port administration
    authority to stop their use and to rectify within a time limit and
    may be imposed a fine of not more than 50,000 yuan.

     

    Article 48 Whoever commits one of the following acts shall be
    instructed by the port administration authority to stop the illegal
    operation, and his illegal gains shall be confiscated; where the
    illegal gains exceed 100,000 yuan, he shall, in addition, be fined
    not less than two times but not more than five times the illegal
    gains; and where the illegal gains are less than 100,000 yuan, he
    shall be fined not less than 50,000 yuan but not more than 200,000
    yuan :

     

    (1) engaging in port operation without obtaining a port
    operation permit in accordance with law;

     

    (2) engaging in port tallying without obtaining permission in
    accordance with law; or

     

    (3) in the case of a port tallyman, concurrently engaging in
    loading, unloading or storing cargoes.

     

    For a person who commits the act specified in Sub-paragraph (3)
    of the preceding paragraph, if the circumstances are serious, his
    port tallying permit shall be revoked by the relevant competent
    authority.

     

    Article 49 Where a port operator does not give first priority to
    the materials for use in emergency, materials for relief of
    disasters and materials urgently needed for the buildup of national
    defence, he shall be instructed by the port administration
    authority to rectify; and if the consequences are serious, his port
    operation permit shall be revoked by the authority.

     

    Article 50 Where a port operator, in violation of the provisions
    of relevant laws and administrative regulations, makes a monopoly
    of the operation or conduct illegitimate competition, he shall bear
    legal responsibility in accordance with the provisions of relevant
    laws and administrative regulations.

     

    Article 51 Where a port operator violates of the provisions in
    Article 32 of this Law concerning safe production, he shall, in
    accordance with law, be sanctioned by the port administration
    authority or other departments charged with the duty of supervising
    safe production in accordance with law; if the circumstances are
    serious, the port administration authority shall revoke his port
    operation permit and shall punish the principal leading member in
    accordance with law; and if a crime is constituted, the offender
    shall be investigated for criminal responsibility in accordance
    with law.

     

    Article 52 Where, before entering or leaving a port, a vessel
    fails to report to the maritime administration authority in
    accordance with the provisions in Article 34 of this Law, the said
    authority shall impose a punishment according to the provisions in
    the laws and administrative regulations concerning waterway traffic
    safety.

     

    Article 53 Whoever fails to report to and obtain approval from
    the port administration authority in accordance with law before
    loading, unloading and lightering dangerous cargoes in a port area
    shall be instructed by the port administration authority to stop
    the operation and shall be fined not less than 5,000 yuan but not
    more than 50,000 yuan.

     

    Article 54 Whoever engages in aquiculture or planting in the
    water area of a port shall be instructed by the maritime
    administration authority to rectify within a time limit; if he
    fails to do so at the expiration of the time limit, the cultivation
    and planting facilities shall be demolished compulsorily, and the
    expenses thus entailed shall be borne by the law-breaker; and he
    may be fined not more than 10,000 yuan.

     

    Article 55 Whoever, without obtaining approval in accordance
    with law, engages in excavation, demolition or other activities in
    a port area that may threaten port safety, or dumps soil or sand
    and stone into the water area of a port shall be instructed by the
    port administration authority to stop the illegal acts and
    eliminate, within a time limit, the hidden dangers that threaten
    safety; if he fails to eliminate the hidden dangers at the
    expiration of the time limit, the dangers shall be eliminated
    compulsorily and the expenses thus entailed shall be borne by the
    law-breaker; he shall be fined not less than 5,000 yuan but not
    more than 50,000 yuan; where, according to the provisions in the
    laws and administrative regulations concerning waterway traffic
    safety, punishment shall be imposed by the maritime administration
    authority, those provisions shall prevail; and if a crime is
    constituted, the offender shall be investigated for criminal
    responsibility in accordance with law.

     

    Article 56 Where the competent department of communications, the
    port administration authority or the maritime administration
    authority fails to perform its duties in accordance with law and
    commits one of the following acts, the persons directly in charge
    and the other persons directly responsible shall be given
    administrative sanctions in accordance with law; if a crime is
    constituted, criminal responsibility shall be investigated in
    accordance with law:

     

    (1) in violation of law, approving the use of port coastlines
    for the construction of port facilities, or approving construction
    of places in port for handling dangerous cargoes or special places
    for sanitation and pest elimination, or approving the entry or
    departure of a vessel carrying dangerous cargoes, or approving the
    loading, unloading or lightering of dangerous cargoes in port;

     

    (2) granting permission for port operation or port tallying to
    applicants who do not meet the statutory requirements;

     

    (3) failing to revoke the permit obtained by a the port operator
    or port tallyman immediately after discovering that he no longer
    meets the statutory permission requirements; or

     

    (4) failing to perform the duties of supervision and inspection
    in accordance with law and failing to investigate and impose
    punishment on the construction of ports, docks or other port
    facilities at variance with port plans, on port operation or port
    tallying engaged in without obtaining permission in accordance with
    law, on failure to comply with the regulations concerning
    administration of safe production, on acts threatening the safety
    of port operation, and on other acts violating the provisions of
    this Law.

     

    Article 57 Where an administrative organ interferes with the
    right of a port operator to make his own decisions for his
    operation, it shall be instructed by the administrative organ at
    the next higher level or a supervisory authority to rectify; where
    such an organ collects money or things of value from among port
    operators or collects fees from among them in violation of law, it
    shall be instructed to return the same; and if the circumstances
    are serious, the persons directly in charge and the other persons
    directly responsible shall be given administrative sanctions in
    accordance with law.

     

    Chapter VI

    Supplementary Provisions

     

    Article 58 To open a port to vessels navigating along
    international routes, the relevant people’s government of the
    province, autonomous region, or municipality directly under the
    Central Government shall, in accordance with the relevant
    regulations of the States, consult the relevant departments under
    the State Council and the military authorities concerned and, after
    obtaining their consent, submit the matter to the State Council for
    approval.

     

    Article 59 The competent fishery administration department of
    the people’s government at or above the county level shall be in
    charge of the administration of fishery ports. The specific
    measures in this regard shall be formulated by the State
    Council.

     

    As used in the preceding paragraph, fishery ports mean man-made
    ports or natural harbors, including the special fishing harbors,
    special water areas for fishery and special anchorages for fishing
    boats in a multi-purpose port, which are specially in the service
    of fishery production, for fishing boats to anchor, to take shelter
    from the winds, to load and unload their catches and to replenish
    the supply of the necessities for fishing.

     

    Article 60 The measures for the construction and administration
    of military ports shall be formulated by the State Council and the
    Central Military Commission.

     

    Article 61 This Law shall go into effect as of January 1,
    2004

     

    (Legislative Affairs Commission of the Standing
    Committee of the National People’s Congress
    )

     

    Leave a reply