Administrative Provisions On Port Operation

Original Language Title: 港口经营管理规定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253004.shtml

Administrative provisions on port operation

    (November 6, 2009 People's Republic of China Ministry of transportation, 2009 13th release as of March 1, 2010) Chapter I General provisions

    First to standardize the port management, maintaining the order of port operations, according to the People's Republic of China ports act and other relevant laws and regulations, this provision is enacted.

    Provisions of this article apply to port operations and related activities.

    Provisions of this article the following terms mean:

    (A) the port operator, refers to the port operators in the port area for ships, passengers and cargoes in port facilities or service activities, include the following:

    1. for the ship docks, anchorage, buoys and other facilities provided;

    2. as part of waiting and upper ship facilities and services;

    3. for the client to provide cargo-handling (including transfer), warehousing, port transfer, container stowage, demolition Encasement and simple processing of the goods and their packaging;

    4. for vessels entering and leaving Hong Kong, away from the dock, providing push shifting, towing and other services;

    5. provide clients with delivery points in the tally service and check the surface condition of the goods;

    6. provide shore power for ships, fuel materials, supplies, crew transport and ship pollutants (oily water, oil residue, tank washing water, sewage and garbage) receiving, booms, supply services, ship and port services;

    7. port of port facilities, equipment and machinery leasing, repair operations.

    (B) the port operator, refers to the law business qualification organizations and individuals engaged in port operations.

    (C) the port facilities, and is engaged in port operations and construction and set up of building (structure).

    Fourth Department of transportation is responsible for the national port administration.

    Governments of provinces, autonomous regions and municipalities directly under the transport (port) authority responsible for the administration of the port administration. Seat of the people's Governments of provinces, autonomous regions and municipalities, port city divided into districts () and county governments determine the specific port Administration Department is responsible for the port of port administration.

    Above this paragraph collectively referred to the port administration authority. Fifth State encourages port management operations a number of business, fair competition. Port operators not monopolistic behavior.

    No organization or Department shall not in any form sector-area protection and protection.

    Chapter II administration of qualification

    Article sixth port operation shall apply for and obtain a permit for port operation.

    Implementation of port operations license, shall follow the principles of fairness, equity and transparency, and shall not charge a fee, and shall be subject to community surveillance.

    Article seventh port (port cargo handling, except for pollutants from ship to receive), subject to the following conditions:

    (A) a fixed place of business;

    (B) commensurate with the scope and scale of port facilities, equipment, including:

    1. the Terminal, bus station, library, storage tanks, sewage treatment facilities and other fixed facilities shall comply with the overall planning of ports and the laws, regulations and requirements of the relevant technical standards;

    2. as part of upper, boat services, should at least cover wind, rain, snow, weather, boat facilities on ships and;

    3. terminal serving international shipping (including barge anchorage, buoys), it should be open to qualification;

    4. for the ship docks, anchorage, buoys and other facilities provided, shall have the corresponding ship pollutants, waste receiving capacity and corresponding pollution emergency response capacity, including the necessary facilities, equipment and devices;

    (C) there is commensurate with the scale of operation, scope of professional technicians, management personnel;

    (D) have a sound management system and security management system, as well as production safety accident emergency plan.

    Article eighth tally of the port, subject to the following conditions:

    (A) commensurate with the scope and scale of the organizations and managers, merchandisers;

    (B) have a fixed office space and facilities;

    (C) the business regulations and management systems.

    Nineth received for pollutants from ship management, subject to the following conditions:

    (A) a fixed place of business;

    (B) sea, supplies, maintenance, environmental engineering at least one full-time managers, professional managers with at least three years related professional experience;

    (C) have a sound management system and security management system, as well as production safety accident emergency plan;

    (D) the use of ships for marine pollutants receive, should have at least one ship of not less than 300 gross tons meet receiving vessel for pollutants from ship; received by the use of port reception facilities for ship pollution, port reception facilities should be in good condition; ship pollutants used vehicles receive, should have at least one garbage, transportation vehicle. Article tenth port cargo handling and warehousing business operators shall not run tally business.

    Tally business operators shall not run port cargo loading and unloading operations and warehousing business.

    Section 11th for port operation, it shall submit the following documents and information:

    (A) the port business applications;

    (B) the composition of the management bodies and the Office with proof of ownership or right;

    (C) the port terminals, libraries, fields, storage tanks, sewage treatment and other fixed facilities in line with relevant regulations of the State certificate of acceptance (Ming) and shoreline use approval documents;

    (D) using the port as a ship, ship's certificates of the ship in Hong Kong;

    (E) key management personnel in charge of safety through safety regulations require proof of training materials;

    (F) in accordance with article seventh condition of other documents and information.

    Port cargo handling operations shall be provided (a), (b) provision of material and the tallymen directory of its tally in his capacity as the corresponding documentation.

    Ship pollutants receive operation shall be provided (a), (b) provision of material and other documents in accordance with article Nineth conditions and materials. Article 12th engaged in port operations (except application port cargo), the applicant shall submit to the Administrative Department in writing applications and 11th, the third paragraph of article-related documents. Port administration authorities shall accept the application within 30 working days from the date of approval or disapproval of the decision. Meets the conditions for qualification, issued by the Administrative Department of the permit for port operation, and published on the Internet or newspapers; does not meet the criteria, no administrative license, and shall not permit decisions and reasons to notify the applicant in writing.

    The permit for port operation should clear the port operator's name and Office address, legal representative, business projects, business area, the main facility, date of issuance, license expiration date and certificate number.

    The port operator license is valid for three years. Section 13th for port cargo handling, shall be filed with the Ministry of transport and a written application and 11th paragraph of related documents. Department of transportation after the receipt of the application and related materials can be based on the need to consult local transport (ports) departments and the relevant administrative departments. These departments should be providing feedback within seven working days. Ministry of transport should receive within 20 working days from the date of the applicant's application approval or disapproval of the decision. License, the issuance of the permit for port operation, and published on the Ministry of transportation website or newspaper; no permission, no permission should be inform the applicant in writing of the decision and reasons for the.

    In making its licensing decision of the Ministry of transport at the same time, license notify the port should be port administration authority.

    Article 14th Ministry of transport and port administration to the applicant the permit for port operation, should be dealt with separately according to the following conditions:

    (A) the application does not need an administrative license in accordance with law, shall immediately inform the applicant will not be accepted;

    (B) the application in accordance with law does not belong to the Ministry of transport or terms of reference by the port administration shall immediately inform the applicant to apply to the relevant administrative body;

    (C) application errors that can be corrected on the spot, shall permit the applicant to be corrected on the spot;

    (D) the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within the 5th time inform all applicants need to correct content, fails to inform the, shall be accepted as of the date of receipt of the application materials;

    (V) application belongs to the Department of transportation or the port administration authority terms of reference, application materials are complete and comply with the statutory format, or correction all application materials submitted as requested by the applicant, shall accept the business license application.

    Accepting or not accepting an application for business license shall issue a sealed by the licensing organ-specific and indicate the date of written confirmation.

    15th the applicant by the port administration department or the Department of transportation issued the permit for port operation to business management for industrial and commercial registration, obtaining the business license before they can engage in port operations.

    16th port operator should be in accordance with the port Administration Department of business engaged in port operations.

    17th port operators change their scope of operation, changes should be in accordance with the provisions of article 12th or 13th provisions of licensing procedures and to the appropriate change of the registration departments for industry and commerce.

    Port operator changes or Office address of the legal representative of the enterprise, shall be filed with the Administrative Department for the record and issue the permit for port operation.

    Article 18th port operator should be the date of expiry of the permit for port operation prior to 30th, to the issuing authority of the permit for port operation to apply for continuation procedures.

    Apply for the permit for port operation extended procedures, shall submit the following materials:

    (A) the renewal application of the permit for port operation;
(B) except as provided in the 11th paragraph (a), (b) other than the evidence.

    19th port operators out of business or out of business, original license shall be notified 30 days in advance.

    The licensing authority shall withdraw and cancel the permit for port operation, and in an appropriate manner to the public.

    Chapter management

    Article 20th port administration authorities and related departments should ensure that port infrastructure intact and smooth.

    Port operator shall, in accordance with the approved functional use and maintenance of port facilities, equipment, and keep them in normal condition. 21st port operation, modification or transformation of Terminal, Depot, warehouse, storage tanks and sewage disposal facilities and other fixed facilities shall be in accordance with relevant laws, regulations and rules set out in the corresponding procedures.

    In accordance with the relevant provisions without the approval by the port administration, port operator shall be filed with the administrative departments for the record.

    22nd port passenger transport service operators, should take the necessary measures to ensure the safety of passenger transport, fast, convenient, assurance of supply of essential goods, keep the good ship condition and environment.

    Article 23rd port operators shall give priority to emergency rescue, disaster relief and defense construction materials of port operations. In emergency situations, the Government expropriated the port facility, the port operator shall obey the command.

    Port operator costs or losses, issued requisitioning tasks organ shall give appropriate financial compensation. Article 24th passenger serious remaining backlog of goods or blocked ports in case of emergency, port administration authorities shall take measures for port. Local city and county governments where the port considers it necessary, it can take steps to port.

    Units and individuals within the ports and ships, should be subject to port command.

    25th port shall be formulated by the administration port of dangerous goods that could endanger public interests emergency plan, serious production safety accidents of passengers evacuate and rescue preparedness and natural disaster prevention plans, establish and improve the port a major production safety accident emergency rescue system.

    Port administration of the plan in accordance with the provisions of the preceding paragraph shall be made public and submitted to the Department of transportation and superior transportation (ports) departments.

    26th port operator shall, in accordance with the relevant laws, regulations and provisions relating to port security operation the Ministry of transport, strengthening safety production management, improve work safety conditions, establish and improve the responsibility system for production safety and other rules and regulations to ensure safety.

    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 plans, and ensure implementation.

    Port operator of the plan in accordance with the provisions of the preceding paragraph shall be submitted to the port administrations and port where the maritime administrative agency for record.

    27th a port operator is engaged in port operations, shall comply with the provisions of the relevant laws, rules and regulations, shall perform the obligations stipulated in the contract, to provide fair, good service.

    28th article of port operators must abide by relevant State port operator price and fee provisions, it should be posted on its site management service fees and charges, as prescribed by the State port operator Bill.

    Article 29th port operators must not take improper means, squeezing out competitors, to restrict or impede fair competition; may not discriminate against service object with the same conditions and not by any means, to force others to accept the provision of port services.

    30th port operator port shall be paid in full and on time in accordance with the relevant provisions of administrative charges. Port operator's legitimate rights and interests protected by law.

    No unit or individual is allowed to be prorated among port operators or illegal fees.

    Port operators have the right to refuse collected or assessed the various costs of the contravention.

    31st administrative sector ports shall make administrative charges and collection and management of the port to ensure administrative charges levied and paid in full and on time solutions.

    Administrative charges and carry out special management of the port and earmarks.

    Article 32nd port operator shall, in accordance with relevant regulations of the State, to the port administration port statistics and related information provided by departments.

    At all levels of transport (port) authorities and port administration authorities shall, in accordance with the relevant provisions to the Department of transportation and superior transport (port) Authority submitted to the port statistics and related information, and the actual construction of the port management information system in the region.

    The staff of these departments should keep commercial secrets for port operators.

    Fourth chapter of supervision and inspection Article 33rd port administration authorities according to law on port safety and exercise supervision over and inspection of the implementation of these provisions, and will check the results to the public. Port administration concentration, cargo handling capacity should be more focused inspections or special-purpose terminals.

    Inspection found unsafe, shall order the person being checked immediately exclude exclude or deadline.

    At all levels of transportation (ports) departments should strengthen the Administrative Department to implement the People's Republic of China ports act and the provisions of the regulatory and practical implementation of the legal provisions of the system and correct violations of administrative law enforcement.

    Article 34th supervisors and inspectors in the port administration according to law when conducting supervision and inspection, is entitled to the units under inspection and related personnel information, and can read and copy the relevant information.

    Supervisory and inspective personnel shall keep confidential business secrets obtained in the inspections.

    The inspectors from conducting supervision and inspection, should be more than two people, and produce their documents.

    35th 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.

    Article 36th 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.

    The fifth chapter legal liability

    37th under any of the following acts, the administrative authority shall order to stop the illegal business, confiscate the illegal income; illegal gains of more than 100,000 yuan, and fined a maximum of illegal income more than twice times five times; less than 100,000 yuan of illegal gains and fines of between 50,000 yuan and 200,000 Yuan:

    (A) failing to obtain the permit for port operation, engaged in port operations;

    (B) without permission from the law, operate ports cargo handling operations;

    (C) the port cargo handling operations would run cargo handling business, warehousing business.

    The preceding paragraph (c), if the circumstances are serious, revoked by the Ministry of transport and the port cargo handling business license, and in an appropriate manner to the public.

    Article 38th confirmed by examination or investigation, port operator after obtaining a license does not comply with this diqi、BA、jiutiao provides a or several conditions, the administrative authority shall order it to stop operating, rectify; fails, the executive authorities made the decision on the administrative license revocation of the permit for port operation, and in an appropriate manner to the public.

    39th 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, revoking the permit for port operation, and in an appropriate manner to the public.

    40th port operator in violation of the provisions of article provisions on safety in the 26th, 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 constitutes a crime, criminal responsibility shall be investigated according to law.

    41st port operator in violation of the provisions set forth in 27th, 28th, port administration authorities shall conduct investigations, and to assist the relevant departments for processing.

    Port operator in violation of the provisions of article 42nd article 32nd time and not to the port of port statistics and related information provided by the Administration, the port Administration Department in accordance with the provisions of relevant laws and regulations will be punished.

    43rd port administration authorities do not perform their duties according to law, any of the following acts, to managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) given to an applicant who does not meet the statutory requirements for port operation license;

    (B) found that port operators no longer have legal business license permit conditions and does not revoke the license in a timely manner;

    (C) does not perform its duty of supervision and inspection, without legal permission to perform port Act, failure to comply with safety regulations and endanger the safety of port operations, as well as other acts in violation of the provisions of this law, not be investigated and prosecuted according to law. 44th port operators of illegal intervention by the port administration operational autonomy, by its superior administrative body or supervisory organs shall be ordered to correct.

    To charge port operator assessed property or illegal, ordered to return; the circumstances are serious, the managers directly responsible and other persons directly responsible shall be given administrative sanctions.

    The sixth chapter supplementary articles

    Article 45th of the permit for port operation model provided centrally by the Ministry of transport, by the provincial transport (ports) the competent authorities responsible for printing.
Article 46th Administrative Department in accordance with the People's Republic of China ports port regulations law should be released at the same time send a superior transportation (ports) authorities and the Ministry of transport for the record.

    47th port pilot application of the Pilotage Regulations (2001, traffic, 10th).

    Engaged in port operations of dangerous goods shall also comply with the port of dangerous goods management regulations (2003, traffic, 9th).

    48th by the Department of transportation is responsible for the interpretation of these provisions. 49th article of the regulations come into force on March 1, 2010. April 15, 2004 port management regulations issued by the Ministry (Ministry of communications 2004 4th) repealed simultaneously.