Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398601.shtml
Ministry of transport decisions on the amendment of the measures for the completion of the port (as amended in 2014)
(September 5, 2014 2014 of 12th, the Ministry of transport announced as of June 1, 2005) Department of transportation decided to port project acceptance policy (traffic, 2005 2nd) as follows:
A sixth article, and delete. The fourth paragraph is amended as: "the investment Department under the State Council, provincial government investment authorities, approval and provincial transportation authorities for completion of the port, the provincial transport authorities are responsible for.
” The fifth paragraph is amended as: "the rest of the harbour is located in Port Engineering port administration authorities are responsible for acceptance.
” Second, the tenth is revised as follows: "provincial Transport Department is responsible for the completion of the port project, organized by the port administration authorities, where the port of the preliminary acceptance. After passing the initial acceptance by the port administration acceptance application to provincial transportation authorities.
Third, the provisions of all "Ministry" unified revised as "Ministry of transport", "the Transportation Department" unified revised as "Transport Department".
Implementation of this decision from September 5, 2014.
According to this decision of the measures for the completion of the port be modified accordingly and publish it again.
Report: port project completion acceptance approaches 2014 (revised)
(Released September 5, 2014, the Ministry of transport, traffic, April 12, 2005 to 2014 of 12th release, effective as of June 1, 2005 of the Ministry of transport to amend the port decision amended the completion method)
First to standardize the port engineering completion approval work to ensure project quality and protect people's life and property safety, in accordance with the People's Republic of China Law on ports, these measures are formulated.
Second approach is suitable for new construction and renovation of the port project completion acceptance activities.
Port Engineering completion approval mentioned in these measures refers to port after completion of the project, put into use before the port project quality, implementation of mandatory national and industry standards, investment matters such as the use of comprehensive check and acceptance, as well as port construction, design, construction and supervision of comprehensive evaluation.
After completion of the third port, acceptance may be put into use.
Fourth Harbor engineering completion approval, should follow the principle of openness, fairness, truth, science.
Article fifth project legal person in port engineering, design, construction, supervision and other units should be accepted, with the final acceptance of the work, provided the relevant information shall be true, valid.
Article sixth port project acceptance, unified management, graded system of accountability.
Unified management of the Ministry of transport and the national port completion approval work.
Investment Department under the State Council, provincial government investment authorities, approval and provincial transportation authorities for completion of the port, the provincial transport authorities are responsible for.
Remaining port by port local port administration authorities are responsible for final acceptance.
More responsible departments are collectively referred to as acceptance of the completion of the port sector.
Article seventh port engineering completion approval shall meet the following requirements: (A) the port works the elements of the contract have been completed, apply for final acceptance of construction project engineering, engineering shall not affect the construction project into production and engineering investments according to the actual measured investment or project budget, as listed in the final accounts of the investment report, but shall not exceed the total investment of 5%.
On engineering quality inspection qualified construction units, supervising engineer on the construction quality assessment of conformity, project corporate design, construction, supervision, engineering quality supervision unit for completion acceptance;
(B) major process equipment or facilities by debugging with the production conditions;
(C) the port after a 3-month trial operation; features a system of rock and ore handling equipment, coal, grain, oil and gas, and container terminal port engineering, after 6 months of trial operation, comply with the design requirements;
(D) environmental protection facilities, safety equipment, fire-fighting facilities were built according to the design requirements and the principal part of the project, and special inspection by the relevant authorities; navigation aid facilities, as well as other ancillary facilities in accordance with the provisions of the law on ports, and the construction of ports at the same time, and to ensure that regular use;
(E) completion of complete archives, and through special acceptance;
(F) the completed final accounting report and audit;
(VII) construction contract has been fulfilled. Article eighth before the test run in port engineering, project entity shall provide the harbour is located the port Administration Department for port works try running record.
Pilot port project completion acceptance formalities shall, without delay after the expiration.
Port works try running from the port works try to run from the date of filing is counted.
Nineth port projects meet the acceptance criteria, legal seat of the port should be port administration authorities applied for acceptance.
For a built in port engineering design, staging, project Corporation has built and meet the acceptance criteria can be part of the proposed phased acceptance of port engineering applications. Tenth provincial Transport Department is responsible for the completion of the port project, organized by the port administration authorities, where the port of the preliminary acceptance.
After passing the initial acceptance by the port administration acceptance application to provincial transportation authorities.
11th port engineering completion approval authority should be received within 5 working days from the date of final acceptance of the application to review the application materials that do not meet the acceptance criteria shall be promptly returned and informed the reason; for meet the acceptance criteria, should accept an application for acceptance. Port Engineering completion approval or initial inspection should be completed within 20 working days from the date of receipt.
Cannot be completed within 20 working days after completion approval of the Department head, and can be extended by 10 working days.
12th project completion acceptance by the acceptance of the port sector organizations for quality supervision agency, the local maritime authorities, relevant administrative departments, relevant experts acceptance Committee.
Port engineering project legal person, design, supervision, construction units should participate in the work acceptance.
13th major port project completion acceptance is based on:
(A) in accordance with the relevant provisions of the State should have a port construction project approval, approval and filing documents;
(B) preliminary design, detailed design, to change the design and adjustment of estimates and other documents;
(C) the text of the tender documents and contract;
(D) the main equipment specifications or instructions;
(E) national and promulgated by the Ministry of transport and technical norms and standards and the related provisions of the laws, regulations and rules.
14th port project completion acceptance of content are:
(A) review port works with State approval document and related procedures;
(B) examined the port engineering quality;
(C) the check port works contract compliance, review information on the files;
(Iv) checking implementation of mandatory national and industry standards;
(E) the approved Terminal berthing, handling capacity and access to port the channel level;
(F) check for environmental protection, occupational safety and health, fire services, archives and other special acceptance;
(VII) in the port project completion final accounts audit;
(H) check the implementation of the construction contract;
(IX) determine the quality levels;
(J) dealing with comments on the problems and engineering;
(11), adopted and signed the book of project acceptance and identification of the port.
Section 15th of the acceptance, port engineering completion approval departments shall port identification project completion acceptance within 10 working days from the date of signing of the book, issued by the port certificate of completion.
16th unqualified acceptance of, and legal persons should be in accordance with the completion of the project acceptance Committee process for rectification.
After the completion of rectification, new port project completion acceptance should be applied for project legal person.
Article 17th after the completion of the port is completed, it shall, within the time prescribed by the State for the transfer of fixed assets and other related procedures.
Article 18th by the provincial transport authorities and port local port Administration Department is responsible for the acceptance, completion and acceptance of completed, provincial transportation authorities and port should be acceptance by the port administration, where relevant to the Transport Ministry.
19th port project completion acceptance or acceptance is not qualified, shall not be put into use, port administration authorities not to apply for the permit for port operation.
Article 20th project legal person violating these rules, without filing for the pilot, the harbour is located the port administration authority to order the suspension of trial operation.
21st port works without the acceptance of unauthorized use, the port local port administration authorities shall order to stop using the correct within may be fined a maximum of 50,000 yuan.
22nd article acceptance Department staff in the completion and acceptance of abuse of power, favoritism, bribe, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
Article 23rd completion completion and acceptance of members of the Committee who has great losses, who constitutes a crime, criminal responsibility shall be investigated according to law.
24th line with the use of the World Bank, the Asian Development Bank and other international financial organizations or foreign government loans or aid in port engineering, lender, provider of funds for completion as otherwise provided can apply its provisions, but must not violate the People's Republic of China laws and regulations and social and public interests.
25th article of the project acceptance and identification of the port and the port the completion inspection certificate shall, in accordance with Department of transportation under the harmonized format. 26th article of the rules take effect on June 1, 2005, the Ministry of port construction projects (projects) completion and acceptance measures (base (1995), 155th) repealed simultaneously. These measures announced prior to the implementation of the relevant provisions are in contravention of these measures, from the date of implementation of this method to stop execution.
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