(June 28, 2003 of Deputies adopted at the third meeting of the Standing Committee) People's Republic of China, fifth President of the People's Republic of China Law on ports by the People's Republic of China XI session of the third meeting of the Standing Committee of the national people's Congress on June 28, 2003, are hereby promulgated and come into force since January 1, 2004.
People's Republic of China President Hu Jintao June 28, 2003 contents chapter I General provisions chapter II port planning and construction of chapter Chapter fourth port of port operation safety and supervision and management of the fifth chapter legal liability sixth chapter supplementary articles chapter I General provisions article in order to strengthen the management of ports, maintain the safety and operation of the port, protecting the legitimate rights and interests of the parties, and promote the construction and development of port, this law is enacted.
Second port planning, construction, maintenance, operation, management and related activities governed by this law.
Third port in this law, is a ship, mooring and berthing, passenger, cargo-handling, lighterage, storage and other functions, with appropriate facilities, made up of a range of water and land areas.
Ports can be formed by one or more port.
Fourth State Council and relevant local people's Governments at or above the county level shall, in national economic and social development plans reflect the requirements of the development and planning of port and the protection and rational use of resources in accordance with law.
Fifth State encourages domestic and foreign economic organizations and individual investment construction and management of the harbour in accordance with law, protect the legitimate rights and interests of investors.
Sixth transportation departments of the State Council in charge of the nation's ports.
Management of the port within the administrative area of the local people, according to the State Council provisions on port management system.
Determined in accordance with the preceding paragraph port management system, managed by the local city and county governments where the port port, implemented by the city and county governments is a Department of port administration of the people's Governments of provinces, autonomous regions and municipalities directly under the management of ports, by provinces, autonomous regions and municipalities to identify a sector-specific implementation of the port administration.
Determined in accordance with the preceding paragraph the Department of port administration, hereinafter referred to as port administration authority.
Second chapter port planning and construction seventh article port planning should according to economy and social development of requirements and defense construction of need prepared, reflected reasonable using Bank line resources of principles, meet town system planning, and and land using general planning, and city general planning, and rivers basin planning, and flood control planning, and marine function Division, and waterway transport development planning and other transport way development planning and legal, and administrative regulations provides of other about planning phase convergence, and coordination.
Preparation of port planning experts should be organized, in accordance with the environmental impact assessment.
Article eighth port planning layout planning and overall planning of ports including port.
Port layout plan, refers to the distribution plan of the port, including port layout plan and provinces, autonomous regions and municipalities directly under the port layout plan.
The overall planning of ports, refers to a port in a certain period of physical planning, including port, port range of waters and land Division, throughput and vessel type, port nature and function, water and land use, construction of port facilities use of shoreline, land allocation and stage construction sequence, and so on.
The overall planning of ports shall comply with the port layout plan.
Nineth National Harbor layout planning, transportation departments under the State Council to seek relevant State Council departments and the views of the relevant military authorities to prepare, after the approval of the State Council promulgated for implementation. Port layout plan of provinces, autonomous regions and municipalities, by the people's Governments of provinces, autonomous regions and municipalities, according to the national port layout plan prepared and sent the Transportation Department of the State Council for advice.
State traffic competent sector since received sought views of material of day up full 30th not proposed modified views of, the port layout planning by about province, and autonomous regions, and municipalities Government announced implementation; state traffic competent sector think not meet national port layout planning of, should since received sought views of material of day up 30th within proposed modified views; about province, and autonomous regions, and municipalities Government on modified views has objections of, reported State decided.
Article tenth overall planning of ports by the port administration authorities in consultation with interested departments and its views on military preparation. 11th location important, throughput, large and wide influence on the economic development of overall planning of major ports, transportation departments under the State Council to seek relevant State Council departments and the views of the military authorities, in conjunction with the approval of relevant provinces, autonomous regions and municipalities, and promulgation and implementation.
Directory of major ports from the traffic Department determined after consultation with the relevant departments under the State Council and published. The provinces, autonomous regions and municipalities seeking the views of the Transportation Department of the State Council established an important port in the region.
Port master plan by provinces, autonomous regions and municipalities to seek views of the transportation departments of the State Council approval, promulgation and implementation.
The overall planning of ports outside of the provisions of the preceding two paragraphs, the harbour is located promulgated for implementation after its approval by the city and county governments, and people's Governments of provinces, autonomous regions and municipalities for the record.
City and county administrative departments of this article, the provisions of the second paragraph of the port master plan, submitted for approval shall be approved by the people's Governments at the corresponding level before approval.
12th port modifications in accordance with port planning and development procedures. 13th overall in port planning and construction of port facilities in the region, using deep water coastline of port and transportation departments under the State Council in conjunction with the comprehensive economic macro-control departments of the State Council approved construction of port facilities, the use of deep water coastline, approved by the port administration authority.
However, by the State Council or economic macro-control departments of the State Council approved the construction of the project using the shoreline without further approval for using the shoreline of procedures.
Port of deepwater shoreline standards set by the transportation departments of the State Council. 14th port construction should be in accordance with port planning.
Shall not violate any port facility port planning and construction.
15th in accordance with State regulations is subject to approval by the relevant authorities of the port construction project shall be in accordance with the relevant provisions of the approval procedures, and to comply with the relevant national standards and technical specifications.
Port construction project, he shall conduct an environmental impact assessment.
Port construction project safety facilities and environmental protection facilities, must be simultaneously with the principal part of the project designed, built and put into use.
16th construction using land and water area of the port, shall, in accordance with the relevant land management, marine utilization management, channel management, channel management, military facilities protection law, administrative regulations and other relevant laws and administrative rules and regulations.
17th port of dangerous goods workplace, implementing sanitary disposal, private location, should be consistent with the overall planning of ports and countries regarding safety and environmental protection, fire protection, inspection and quarantine requirements, with densely populated areas and the distance the port passenger facility shall comply with the relevant departments under the State Council; according to the relevant procedure, and after approval by the port administration, before construction.
18th navigation aid facilities as well as other supporting facilities should be synchronized with the port construction, and ensure regular use.
Construction of relevant administrative bodies within the port facility should comply with the overall port planning and construction costs shall not be assessed on the port operator.
Article 19th port facilities construction projects are completed, shall be in accordance with the relevant provisions of the State to the acceptance, to be put into use.
The ownership of the port facilities, shall be determined in accordance with relevant laws. 20th relevant people's Government above the county level shall ensure the necessary funding, port public passage, breakwater, construction and maintenance of roads and other infrastructure facilities.
Specific measures shall be formulated by the State Council.
21st people's Government above the county level shall take measures, organization construction with ports in support of the waterway, rail, road, water supply, electricity, communications and other facilities.
Port business 22nd chapter engaged in port operations, should be applied for in writing to the administrative sector ports port operator licensing and business registration law.
Port administration port license, shall follow the principle of openness, justice and fairness.
Including piers and other port facilities in port operation operating port passenger transport service operations, working in the port cargo handling, lighterage, storage operations and tugboat ventures.
Article 23rd port license should have a fixed place of business, fitting in with the business facilities, equipment, professional technical and management personnel, and shall meet the other conditions prescribed by laws and regulations. Article 24th the port administration shall receive this law 22nd article written application within 30th of law approval or disapproval of the decision.
License, issued the permit for port operation; not permitted, shall be notified in writing to the applicant and informed reason. 25th operating port cargo handling business, shall obtain permission in accordance with regulations. Port cargo handling business license, shall follow the principle of openness, justice and fairness.
Specific measures shall be prescribed by the Transportation Department of the State Council.
Port cargo handling business operators should be fair and accurately tally business; 22nd article of this law shall not run provides cargo-handling operations and warehousing business.
26th a port operator is engaged in business activities, must abide by the relevant laws and regulations, and comply with the rules relating to port operations of the transportation departments under the State Council, shall perform the obligations stipulated in the contract, to provide fair, good service.
Port operators of passenger transport services, should take effective measures to ensure passenger safety, providing fast and convenient service to visitors, maintain a good waiting area.
Port operator shall, in accordance with provisions of laws and regulations relating to environmental protection, to take effective measures to control pollution and harm to the environment.
27th port operators shall give priority to the emergency supplies, relief supplies and construction materials of national defence operations.
28th port operators should be posted on its site management service fees and charges; unpublished, not imposed.
Port charges and Government guidance prices according to law or Government pricing, port operator shall, in accordance with regulations.
29th State to encourage and protect fair competition in the port operation activities. Port operators not monopolistic and unfair competition acts, shall not, by any means, to force others to accept the provision of port services.
30th port administration authorities, in accordance with the People's Republic of China Statistics Act and the requirements of the administrative regulations, statistics provided by the port operators, port operator shall provide.
Port administration authorities shall, in accordance with relevant regulations of the State port operator to submit timely reporting of statistical information, and to keep commercial secrets for port operators. 31st port operator of the legitimate rights and interests protected by law.
No unit or individual is allowed to be prorated among port operators or illegal fees shall not be unlawful intervention operational autonomy of the port operator.
The fourth chapter port security and regulatory articles 32nd port operators must, in accordance with the People's Republic of China work safety Act and other relevant laws, regulations and rules relating to port security operation of the transportation departments under the State Council, strengthen safety production management, establish and improve the responsibility system for production safety and regulations, improve work safety conditions, and take effective measures to ensure safety and ensure the safety of.
Port operator shall, in formulating the Organization's dangerous goods emergency and serious production safety accidents of passengers evacuated and rescue preparedness and natural disaster prevention plan to ensure implementation.
Article 33rd ports shall be formulated by the administration port of dangerous goods that could endanger public interests emergency and serious production safety accidents of passengers evacuated and rescue preparedness and natural disaster prevention plans, establish and improve the port a major production safety accident emergency rescue system. Article 34th ships entering and leaving the port, traffic security on the water shall, in accordance with the relevant laws and administrative regulations to report to the maritime administrative agency.
The maritime administrative agency after receiving the report, shall promptly inform the port administration authority. In and out of the port for shipping dangerous goods shall be in accordance with the provisions of the transportation departments of the State Council of dangerous goods name, attributes, packaging and movement of maritime administrative agency the time report. The maritime administrative agency after receiving the report, should be made within the time prescribed in the transportation departments of the State Council decision on whether to consent, informed the speaker and informed the port administration authority.
However, the vessels, routes, cargo ships can be reported on a regular basis. 35th dangerous goods at the ports of loading and unloading, and transfer operations shall be in accordance with the provisions of the transportation departments of the State Council of dangerous goods name, features, packaging, and the time and location of the job report port administration authority.
Port administration authorities after receiving the report, should be made within the time prescribed in the transportation departments of the State Council decision on whether to consent, informed the speaker and informed the maritime administrative agency.
Article 36th port administrative departments shall supervise and check the safety of the port, concentration, cargo handling capacity for more focused inspections or special-purpose terminals; inspection found unsafe, shall order the person being checked immediately exclude exclude or deadline.
Responsible for production safety supervision and management departments and other departments concerned in accordance with the provisions of laws and regulations, and within their respective areas of responsibility to supervise and check the safety of the port.
37th prohibits engaging in breeding, planting activities within port waters.
Not at a port of digging, blasting and other activities likely to threaten port security; construction is really necessary, appropriate safety measures must be taken and submitted to approval by the port administration; water traffic safety in accordance with the relevant laws and administrative regulations shall be approved by the maritime administrative agency, should also be submitted to the approval of the maritime administrative agency.
Prohibition of dumping soil into port waters, sand and gravel, as well as violations of environmental protection laws and regulations of the emission of toxic and harmful substances exceeding the prescribed standard.
Article 38th-building bridges, underwater tunnel, hydropower stations and other projects may affect the hydrological conditions of the port change, responsible for approving the Department prior to the approval of the project shall seek the views of port administration authority. 39th article of water traffic safety in accordance with the relevant laws, administrative laws and regulations, ships entering and leaving ports is subject to pilotage, shall apply to the pilot to pilot.
Pilot-specific approach by the Transportation Department under the State Council.
40th event of stranding passengers, cargo backlogs blocking port, the port administration shall promptly take effective measures, the port port where deemed necessary by the city and county governments, can take steps to port.
41st port managed by the port administration shall develop regulations and to the public.
Port regulations shall be included on the geographical location of the port, channel conditions, basin depth description, mechanical and handling ability, as well as the port follow through this port management law and regulations and specific measures relating to the provisions of the transportation departments of the State Council.
42nd port administrations based on the duty to supervise and examine the implementation of this law.
Supervisors and inspectors in the port administration according to law when conducting supervision and inspection, is entitled to be examined and relevant personnel to understand the situation and can read and copy the relevant information.
Inspectors business secrets obtained in the inspection, shall be kept confidential.
Supervision and inspection personnel when conducting supervision and inspection, shall produce their certificates.
Article 43rd supervisory and inspective personnel shall supervise and inspect the time, place, content, identify the problems and treatment of written records, and by the signature of the inspectors and the inspected units; head of the units under inspection refuses to sign, supervisory and inspective personnel shall record and report to the Administrative Department.
44th inspected unit and associated personnel shall be subject to supervision and inspection of the port administration authorities according to law, provide relevant information and data, and may not refuse the inspection, or conceal, misrepresent the situation and information.
Fifth chapter legal responsibility 45th article has following behavior one of of, by County above place Government or port administration sector ordered deadline corrected; late not corrected of, by made deadline corrected decided of organ application Court forced demolition illegal construction of facilities; can at 50,000 yuan following fine: (a) violation port planning construction port, and terminal or other port facilities of; (ii) without law approved, construction port facilities using port Bank line of.
Construction project approval authority for violation of port planning and approval of construction projects, directly responsible to the person in charge and other direct liable persons shall be given administrative sanctions.
46th article without law approved, in port construction dangerous goods job places, and implementation health pesticide processing of dedicated places of, or construction of dangerous goods job places, and implementation health pesticide processing of dedicated places and population intensive district or port passenger facilities of distance not meet state about sector of provides of, by port administration sector ordered stop construction or using, deadline corrected, can at 50,000 yuan following fine.
47th port or port facilities, passenger facilities without the acceptance of unauthorized use, the port administration authorities shall order to stop using the correct within may be fined a maximum of 50,000 yuan. 48th article has following behavior one of of, by port administration sector ordered stop illegal business, confiscated illegal proceeds; illegal proceeds 100,000 yuan above of, and at illegal proceeds twice times above five times times following fine; illegal proceeds insufficient 100,000 yuan of, at 50,000 yuan above 200,000 yuan following fine: (a) not law made port business license, engaged in port business of; (ii) without law license, business port acting goods business of; (three) port acting goods business business people and camp goods handling business business, and
The preceding paragraph (c), if the circumstances are serious, the competent authorities shall revoke port cargo handling business license.
49th port operator did not give priority to emergency supplies, supplies, national defense construction materials operations, the port administration authorities shall order rectification, causing serious consequences, revoked the permit for port operation.
50th port operators in breach of the provisions of laws and administrative regulations, monopolistic behavior in the business activities or acts of unfair competition, in accordance with the provisions of relevant laws and administrative rules and legal responsibilities.
51st port operator in violation to the law provisions on safety in the 32nd, by the port administration authorities or other legal departments responsible for the supervision and administration of production safety shall be subject to punishment in serious cases, the Administrative Department shall revoke the permit for port operation, and the charge shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
52nd ships in and out of ports, is not in accordance with the provisions of this law article 34th report to the maritime administrative agency, water traffic safety by the maritime administrative agency in accordance with the relevant laws and administrative regulations are punishable.
53rd fails to report to the port administration authorities and with their consent, dangerous goods at the ports of loading and unloading, and transfer operations, the port administration shall be ordered to stop operations, fined a maximum of between 50,000 yuan and 5,000 yuan.
54th engaged in breeding, planting activities in port waters, the maritime administrative agency shall order correction within; it fails, torn down breeding, plant facilities, demolition of the violator's expense; may be fined a maximum of 10,000 yuan. 55th article without law approved in port for may endanger port security of mining, and blasting, activities of, to port waters dumping soil, and gravel of, by port administration sector ordered stop violations, deadline elimination so caused of security hidden; late not elimination of, forced elimination, so occurred of costs by violations people bear; at 5,000 yuan above 50,000 yuan following fine; in accordance with about water Shang traffic security of legal, and administrative regulations of provides by maritime management institutions punishment of, in accordance with its provides; constitute crime of
, Criminal responsibility shall be investigated according to law. 56th article traffic competent sector, and port administration sector, and maritime management institutions, not law perform duties, has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) illegal approved construction port facilities using port Bank line, and illegal approved construction port dangerous goods job places or implementation health pesticide processing of dedicated places, or illegal approved ship carrying dangerous goods access port, and Illegally approved dangerous goods at the ports of loading and unloading, and transfer operations, (ii) an applicant who does not meet the statutory requirements for port operations license or port cargo handling business license;
(Three) found made business license of port business people, and port acting goods business business people no longer has statutory license conditions and not timely revoked license of; (four) not law perform supervision check duties, on violation port planning construction port, and terminal or other port facilities of behavior, without law license engaged in port business, and port acting goods business of behavior, not comply with safety management provides of behavior, endanger port job security of behavior, and other violation this method provides of behavior, not law be investigation of.
57th administrative violation on port operator's operational autonomy, by its superior administrative body or supervisory organ shall order rectification to charge port operator assessed property or illegal, ordered to return in serious cases, managers directly responsible and other persons directly responsible shall be given administrative sanctions.
Sixth chapter supplementary articles article 58th ports open to ships sailing international routes, by the relevant provinces, autonomous regions and municipalities in accordance with the relevant provisions of the State Council departments concerned and the approval of the military authorities, submitted to the State Council for approval. 59th fishery port management is carried out by fishery administrative departments of the people's Governments above the county level are responsible for.
Specific management measures formulated by the State Council.
Fishing port referred to in the preceding paragraph, means for fishing vessel specifically for the fisheries service, parking, sheltered, loading and unloading of catches, fisheries need supplementary material of artificial or natural harbor of the port, including integrated fisheries in port a dedicated Wharf, fishery-specific and special anchorage for fishing vessels in the waters.
60th military port construction and management practices by the State Council and the Central Military Commission. 61st article this law shall enter into force on January 1, 2004.