(April 24, 2007 2007 5th release of traffic, come into force on June 1, 2007) Chapter I General provisions article to strengthen the administration of port construction, regulating port construction market order to ensure project quality, in accordance with the People's Republic of China Law on ports, the construction engineering quality management regulation, the management of survey and design of construction engineering regulations and other laws and administrative regulations, this provision is enacted.
    Provisions of this article apply in the People's Republic of China territory of new construction, expansion, reconstruction of port project (including construction and other construction projects construction project) construction activities and supporting facilities.
    Military and fishing port construction activities do not apply to the regulations.
    Article III Ministry of communications is responsible for port construction industry management work throughout the country, and in charge of the national development and Reform Commission for approval, approval and port construction project approved by the Ministry of construction management.
    Provincial traffic authorities responsible for the administration of port construction in the management work, and charge by the provincial people's Government for approval, approved by the port construction project management.
    Remaining port construction project construction and management of the harbour is located the port administration departments.
    Is responsible for the administration of port construction in charge of transportation at or above Department and port local port administration authorities are collectively referred to as the port administration authority.
    Fourth port construction should be conform to the layout plan of the port and Harbor overall planning, implementation of relevant construction laws, rules, regulations and technical standards.
    Article fifth port construction project legal person responsibility system should be in accordance with the relevant provisions of the State, the bidding system, project supervision and contract management system. Chapter II administration of port construction program sixth port construction should be in accordance with the provisions of article-building programs and related regulations.
    Unless otherwise provided by the State, not allowed to simplify the construction process.
    Seventh government investment of port construction project proposal and feasibility study on introduction of system of examination and approval of the report, port construction project investment project application report, filing separately, and the implementation of approved recording system.
    Eighth article government investment of port construction project, according to following construction program implementation: (a) carried out engineering pre feasibility research, prepared project proposal; (ii) according to approved of project proposal, for engineering feasibility research, prepared feasibility research report; (three) according to approved of feasibility research report, prepared preliminary design file; (four) according to approved of preliminary design, prepared construction figure design file; (five) according to approved of construction figure design, Organization project supervision, and construction tender;
    (F) according to the relevant regulations of the State, before construction ready to work, and started filing formalities to the administrative sector ports; (VII) after filing Organization project; (VIII) upon completion of the project, preparation of materials for completion, completion of all the preparatory work carried out; (I) the port administration authorities organized by permission acceptance. Nineth article enterprise investment of port construction project, according to following construction program implementation: (a) carried out engineering feasibility research, prepared engineering feasibility research report; (ii) according to engineering feasibility research report, prepared project application report or record file, perform approved or record procedures; (three) according to approved or record of project application report or record file, prepared preliminary design file; (four) according to approved of preliminary design, prepared construction figure design file; (five) according to approved of construction figure design,
    Project supervision, construction bids; (f) according to the relevant regulations of the State, before construction ready to work, and started filing formalities to the administrative sector ports; (VII) after filing Organization project; (VIII) upon completion of the project, preparation of final acceptance of materials, completion of all the preparatory work carried out; (I) the port administration authorities organized by permission acceptance.
    Article tenth port construction project of introduction of system of examination and approval of project proposals should meet the following basic requirements: (a) a port construction project pre-feasibility study carried out, (ii) building programme in line with port planning and (iii) complies with the relevant pre-feasibility studies, preparation of water transport engineering project proposal the depth of (iv) comply with the relevant provisions of national and industry.
    11th article application port construction project of project proposal approval, should provides following material: (a) application file a type 2 copies; (ii) project proposal a type 5 copies and corresponding of electronic version 1 copies; (three) engineering pre feasibility research report a type 5 copies and corresponding of electronic version 1 copies; (four) approval sector according to project need requirements provides of other material.
    12th introduction of system of examination and approval of port construction project feasibility study report shall meet the following requirements: (a) conform to the port plan; (b) in accordance with the approved project proposals, and (iii) the depth of water transport engineering feasibility study report prepared by complies with the relevant requirements; (d) comply with the relevant provisions of national and industry and technology standards and specifications.
    13th article application port construction project feasibility research report approval, should provides following material: (a) application file a type 2 copies (containing feasibility research report); (ii) engineering feasibility research report a type 5 copies and corresponding of electronic version 1 copies; (three) about provides by requirements of related units of license, and commitment, and proved or assessment views; (four) according to project need requirements provides of other material.
    14th section of the implementation of the approved project application report of port construction project should include the following: (a) the project application unit, (ii) the proposed project and (iii) planning and construction of land and (iv) analysis of resource use and energy consumption; (e) ecological environmental impact analysis (vi) analysis of the economic and social effects.
    15th article application port construction project of project application report approved, should provides following material: (a) project application report a type 5 copies and corresponding of electronic version 1 copies; (ii) construction project engineering feasibility research report a type 5 copies and corresponding of electronic version 1 copies; (three) city planning administrative competent sector issued of city planning views; (four) land resources administrative competent sector issued of project with to pre views; (five) environmental protection administrative competent sector issued of environment effect evaluation file of approval views;
    (Vi) other documents to be submitted in accordance with the relevant laws and regulations.
    Article 16th recording system for port construction projects, the project unit should be made by the provincial management of construction projects for the record requirements, complete the filing procedures. 17th port line for administrative licensing system. Port deepwater coastline by the Ministry in conjunction with the national development and Reform Commission approved; non-deep water coastline ports by the port Administration Department for approval.
    The national development and Reform Commission approved the construction of port construction projects using the shoreline without further approval for using the shoreline of procedures.
    Shoreline specific procedures and requirements for approval separately. 18th port engineering implementation of the administrative licensing system. Port design is divided into two stages: preliminary design and construction design.
    Preliminary design of port engineering, in accordance with article approval authority as prescribed by the appropriate administrative authority, construction design approved by the harbour is located the port administration authority.
    19th article port engineering preliminary design should meet following basic requirements: (a) construction programme meet by approval organ approved of port general planning; (ii) project construction main content, and scale and the standard, meet by approval organ approved of feasibility research report or by approved, and record of project application report or record file; (three) meet national and industry existing of about technology standard; (four) meet port engineering preliminary design file prepared provides of requirements.
    20th legal approval for the preliminary design of the project should provide the following materials: (a) 2 copies of the application documents; (b) 2 copies of the preliminary design documents and the electronic version of the 1; (c) the port construction project approval or approval, documents (including feasibility studies) 1 Xerox.
    21st the port local port administration authorities are responsible for approving the preliminary design documents, legal application directly to the port local port administration authorities, sending related material.
    By the provincial transport authorities are responsible for the approval of a preliminary design documents, project legal person to port local port administration authorities to submit relevant material, the harbour is located the port administration authority report to the provincial traffic authority-related materials.
    Responsible for vetting by the Ministry's preliminary design documents, project legal person to port local port administration authorities sending related material, port local port administration authorities submitted to provincial transportation departments, provincial transportation departments to the Department of transportation report related materials.
    Transfer reported to the authorities after receiving the application for a preliminary design of the materials, shall be completed within 5 working days report. 22nd when port administration authorities approve preliminary design shall be in accordance with the provisions of delegate not less than the original unit of the preliminary design level of qualification to another design Advisory Unit to the preliminary design documents for technical review.
    Review Advisory Unit at the complete review after the consultation exercise, review report issued by the port administration authority.
    Port administration authority shall be based on the review of advisory reports, other relevant documents and relevant departments within the statutory time limit approved the preliminary design documents. 23rd article preliminary design review advisory work of main content: (a) for government investment of construction project, should for full of technology (including estimates) review, and proposed design programme of optimization measures; (ii) for enterprise investment of construction project, main on involved public interests, and public security, and engineering mandatory standard, and subject structure security stability, content and the engineering estimates of prepared according to and method for review review, and proposed rationalization.

    24th port engineering construction design shall conform to the following requirements: (a) approved the preliminary design by the approving authority; (b) in accordance with relevant technical standards and norms at the national and industry present, and (iii) main structure and foundation engineering stability calculation correct; (d) guiding construction scheme reasonable; (e) drawings, construction instructions clear and complete.
    25th project legal approval for construction drawing design document should provide the following materials: (a) 2 copies of the application documents; (b) 2 copies of shop drawing design document, and (iii) approved the preliminary design documents 1.
    26th to meet the requirements of the competent departments of construction drawing design documents, you should make an approval decision; do not meet the requirements of construction drawing design documents, grant approval decisions and explanations should be made.
    Before the approval, the approval authorities shall appoint not less than the original construction drawing design of another unit of qualification of construction drawing design documents for the structural safety, stability and durability of content review. 27th port engineering design after approval, shall strictly comply, no unauthorized changes, changes.
    If necessary, an approved construction of scale, standards, content, construction and design, structure, process or make major changes such as major equipment, shall be submitted to the original examination and approval authority for approval to be implemented. 28th Administrative Department shall conduct supervision for port construction project bidding and tendering work management.
    Port the project legal person should be according to the project management authority will bidding documents, evaluation results report on prequalification port administration authorities.
    Article 29th of port construction projects shall satisfy the following conditions: (a) the construction drawing design documents have been completed and approved by the review, (ii) funds for construction have already been implemented, and (iii) land expropriation procedure has been, demolition completed and (d) construction, the engineer has determined (v) for the quality supervision procedures.
    Article 30th project before construction should be in accordance with the project management of legal persons permission to submit the following documents to the Administrative Department of the port for the record: (a) copy of construction drawing design document 1, (ii) controlled with a copy of the reply of 1, (iii) copies of contracts with contractors and supervision company 1; (d) the quality monitoring procedure materials 1 Xerox.
    31st started filing does not comply with legal provisions, administrative regulations, and rules, are received by the port administration shall from the date of filing in the 7th put forward opinions, exercise of regulatory authority in a timely manner.
    Article 32nd port construction project after the completion of, traffic, in accordance with the relevant provisions of the measures for the completion of the port for final acceptance.
    After acceptance, the port construction project, to be delivered.
    Chapter three port construction and management article 33rd port project is subject to government supervision, corporate governance, community supervision, business self test quality assurance system.
    Article 34th participation in port construction surveying, designing, construction, supervision and other business units should be honest and trustworthy, after obtaining the corresponding qualification according to law, shall enter into the port construction market. 35th port engineering project legal person responsibility system.
    Project legal person of construction project planning, financing, construction, production management, debt and asset value of responsible, in accordance with the relevant provisions of the State on the whole process management of engineering construction project. Article 36th port project bidding system.
    Project entity shall, in accordance with the principles of openness, fairness, impartiality and good faith, in accordance with the People's Republic of China relating to tendering and bidding law and promulgated by the Ministry of survey design, construction, supervision of tendering and bidding management of construction regulations, in accordance with the project investigation, design, construction, supervision and tenders for the procurement of major equipment and materials.
    No unit or individual shall not project subject to tender according to law breaking or in any other way circumvent the bidding, fraudulent bidding. 37th port project contract management system. Project legal person in accordance with the tender document tender documents with the winning bidder and the winning bidder to conclude a written contract.
    Project legal person and the winning bidder may not conclude any other agreement that deviated from the substance of the contract.
    Commission contract shall be signed as required, project construction, supervision of a legal person shall sign a contract of independent Commission against corruption and the independent Commission against corruption into building the scope of examination of the implementation of the contract. Article 38th of port engineering construction supervision system.
    Supervisor shall, in accordance with the law, regulations and related technical standards, specifications and documents on behalf of construction engineering quality monitoring, security, progress and investment, contracts, information and data management, coordinating relations between the units concerned. 39th port must have the appropriate qualification of engineering investigation unit. Implementing relevant provisions of national and Ministry, in line with national and industry-relevant mandatory standards, specifications to meet the needs at different stages of design and construction.
    The reconnaissance unit is responsible for the quality of the survey results, provide geological, surveying, hydrographic survey results shall be true, accurate and complete. 40th port engineering design must have the appropriate qualification units, design units responsible for design quality.
    Design depth of the design documentation shall conform to the national requirements, indicating the project reasonable working life.
    41st design units should be ready to deliver the design work and design representative at the construction site according to the requirements, provide timely design of follow-up service. 42nd construction units responsible for project construction quality. Construction units shall establish a quality system, project manager, technical manager and head of construction management.
    Construction units concerned should be according to the relevant regulations of the State certificates.
    43rd construction units must be in accordance with design requirements, technical standards, and contract, elaborate construction, are not allowed to modify the design, not cutting corners.
    44th construction units shall establish and improve the system of quality inspection and testing shall be documented and personal signature. Article 45th supervisor and the supervisor should be based on Science, the principles of impartiality, independence, full implementation of the rights and duties of the Commissioner. Supervision on construction quality supervision responsibility.
    Without construction supervisor that sign shall not be carried out the next process of construction. 46th general supervising engineer in charge of supervision work. Supervising units shall send a corresponding qualification of Chief supervision engineer and in accordance with work requirements, with representatives of the Chief supervision engineer, professional engineer, supervisors, measurement and testing professionals, and so on.
    Management personnel shall, in accordance with regulatory requirements, site, site inspections and the parallel testing and other forms of supervision of project implementation.
    47th article port engineering project corporate, and survey units, and design units, and construction units, and supervision units and the and construction engineering safety about of units, must insisted security first, and prevention of approach, strictly implementation national safety legal, and regulations, established sound safety regulations, project corporate, and construction units, and supervision units should developed security emergency plans, strengthening workers safety education, implementation safety responsibility people, and law bear construction engineering safety responsibility. 48th article quality and safety supervision and management system of port engineering.
    Port administration authority and principle quality supervision organization shall, in accordance with relevant laws, regulations, rules, technical standards and specifications, scientific, objective and principles of openness, fairness and justice, and quality, production safety supervision and administration.
    49th project legal person shall, before construction to transport quality supervision Organization for quality supervision procedures.
    Port construction work units and personnel should be accepted, with the port administration authorities the quality, safety and quality supervision agencies carry out oversight activities, provided the relevant information should be true and complete.
    50th port administrative departments should strengthen the port engineering business unit dynamic supervision management in China and market behavior, towards the establishment of credit management system in port engineering construction market, industry unit in port construction in China and principal credit activity was recorded and released.
    51st port administrations shall establish quality complaints reporting system, subject to public supervision, and conscientiously implement the various types of complaints and reports.
    The fourth chapter information submitted to the 52nd port project is subject to information reporting system for construction projects.
    53rd project legal person shall specify information engineering progress timely collection, statistics and sorting, and electronic copies of written material, port is located the port administration authority.
    54th project legal person shall from the date of construction of the project began the construction information submission port is located the port administration authority, prior to the submission date for the 20th of each month. 55th port local port administration authorities are responsible for the jurisdiction of the summary information port construction projects in the region, and 23rd of each month the provincial Transportation Department.
    Provincial transportation departments are responsible for port engineering construction information in the summary area of the province, quarterly reports to the Ministry, submitted to date for the 25th of last month of the quarter.
    56th when project quality accidents and security incidents occur, the accident occurred units shall, in accordance with the relevant provisions of the report to the relevant departments.
    Fifth chapter legal liability article 57th project legal person violating port planning and construction of port works and without legal approval to use port shoreline, the administrative authority shall order correction within; it fails, by the port administration authority for the people's Court for compulsory removal of illegal construction of facilities, and to a fine below 50,000 yuan. Article 58th project legal person shall apply for design approval and filing procedures and construction have not been fulfilled, the port administration to a fine below 10,000 yuan and 30,000 yuan and ordered their time completing the formalities.

    59th reconnaissance units, design, construction, supervision and work safety of construction projects related to the violation of this provision, in accordance with the construction engineering quality management regulation, the management of survey and design of construction engineering regulations and traffic regulations will be punished.
    60th in the tendering and bidding activities in violation of the provisions of articles according to the People's Republic of China relating to tendering and bidding law and Ministry shall be punished.
    61st without acceptance of port engineering, unauthorized use, used by port local port administration authorities ordered to stop, rectify, can be fined a maximum of 50,000 yuan.
    62nd quality supervision institutions not required to perform quality supervision responsibilities, quality of major accidents, to order the rectification, give notice of criticism. 63rd project construction information is not submitted on time and in accordance with the regulations, the administrative authority shall order project legal person or level on port administration authorities ordered subordinate administrative departments to rectify.
    Quality accident occurs or after a security incident, concealment, report deceitfully or delay reporting, by their work units or by the competent authorities in accordance with the relevant provisions of administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    64th port administration authorities or quality supervision institution personnel who abuse their powers, neglect their duties, engage, and sanctions by the relevant administrative authority constitutes a crime, shall be investigated for criminal responsibility by judicial organs. Sixth chapter supplementary articles article 65th these provisions come into force on June 1, 2007.
                                                                      The management measures of water transport engineering construction market (traffic order 1997 of 1th) repealed simultaneously.