Department Of Transportation Decision On Amending The Regulations For Port Operation

Original Language Title: 交通运输部关于修改《港口经营管理规定》的决定

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  Department of transportation decided to port management regulations (Ministry of transport of 2014 of 22nd) read as follows: first, article III (a), in the 3rd "the client" changed to "engage".

Second, the seventh paragraph (d) is revised as follows: "(d) have a sound management system and security management system, as well as production safety accident emergency plan, emergency plans reviewed by experts". Three, and increased a article, as tenth article, content for: "port engineering try run during engaged in business of, should has following conditions: (a) has fixed of business places; (ii) has and business range, and scale phase adapted of port facilities, and equipment, which: 1. Terminal, and station, fixed facilities should meet port general planning; 2. for passenger provides Shang, and boat service of, should has at least can covered wind, and rain, and snow of waiting ship and Shang, and boat facilities; 3. for international route ship service of Terminal (including had connection anchorage , And buoy), should has opening qualification; 4. for ship provides terminal, and had connection anchorage, and buoy, facilities of, should has corresponding of ship pollutants, and waste received capacity and corresponding pollution emergency processing capacity, including necessary of facilities, and equipment and equipment; 5. Terminal, and handling equipment, and Hong Kong pool, and channel, and guide help airlines facilities and he supporting facilities, port facilities subject engineering has by approved of preliminary design file built, and by completion acceptance qualified, has completion acceptance report; main handling equipment no-load linkage debugging qualified ; 6. port engineering of environmental protection facilities, and security facilities, and occupational protection facilities, and fire facilities, has by requirements and port subject engineering while construction completed, and has through security facilities acceptance and fire facilities acceptance or record, environmental protection facilities and occupational protection facilities meet national about legal, and regulations, and regulations, and standard provides of try run requirements; (three) has and business scale, and range phase adapted of professional technicians, and management personnel; (four) has sound of business management system and security management system ; Development of pilot programmes and contingency plans, and adopted by the expert review.

"Four, 11th paragraph (c) is revised as follows:" (c) the port terminals, libraries, fields, storage tanks, sewage treatment and other fixed facilities consistent with the relevant provisions of the State's acceptance of proof. "

Add a in the first paragraph, as paragraph (d): "(d) using the shoreline, the approval documents for the use of the shoreline". Addition of a paragraph, as a fourth paragraph: "engaged in business during the test operation of the port shall be provided (a) (b) (iv) (vi) provision of material and the conditions prescribed in accordance with article tenth of other documents and materials. "Five, the 12th article modified as follows:" the port operator license is valid for 3 years. Trial operation of port facilities need to operate, hold the permit for port operation for a period of trial operation period, and indicated on the certificate. Trial operation period, in principle not more than 6 months really necessary extension, today trial operation period shall not exceed 1 year.

"Six, deletes the 47th.

Provision number is adjusted accordingly.

This decision take effect on April 19, 2016.

Regulations for port operation of the corresponding amendments shall be made according to this decision, publish it again. Port business management provides (on November 6, 2009 traffic Transport Department released according to December 23, 2014 traffic Transport Department on modified straddling port business management provides of decided first times amendment according to April 19, 2016 traffic Transport Department on modified straddling port business management provides of decided second times Amendment) first chapter General first article for specification port business behavior, maintenance port business order, according to People's Republic of China port method and other about legal, and regulations,

These provisions are formulated.

Provisions of this article apply to port operations and related activities. Third article this provides following terms of meaning is: (a) port business, is refers to port business people in port regional within for ship, and passenger and goods provides port facilities or service of activities, main including following the: 1. for ship provides terminal, and had connection anchorage, and buoy, facilities; 2. for passenger provides waiting ship and upper and lower ship facilities and service; 3. engaged in goods handling (containing had connection), and warehouse, and Hong Kong within lightering, and container stacked, and split spell box and on goods and packaging for simple processing processing,; 4.

For ship access Hong Kong, and by away from Terminal, and moved parking provides top push, and towing, service; 5. for client provides goods handover process in the of points and check goods surface status of acting goods service; 6. for ship provides Bank electric, and burning material, and life products supply, and crew shuttle and the ship pollutants (containing oil water, and residual oil, and wash class water, and life sewage and the garbage) received, and surrounding oil bar supply service, ship port service; 7. engaged in port facilities, and equipment and port mechanical of rental, and maintenance business.

(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).

The 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 sixth engaged in port operations, 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. Seventh article engaged in port business (port acting goods, and ship pollutants received except), should has following conditions: (a) has fixed of business places; (ii) has and business range, and scale phase adapted of port facilities, and equipment, which: 1. Terminal, and station, and library field, and storage tank, and sewage processing facilities, fixed facilities should meet port general planning and legal, and regulations and the about technology standard of requirements; 2. for passenger provides Shang, and boat service of, should has at least can covered wind, and rain, and snow of waiting ship and Shang, and boat facilities ; 3. for international route ship service of Terminal (including had connection anchorage, and buoy), should has opening qualification; 4. for ship provides terminal, and had connection anchorage, and buoy, facilities of, should has corresponding of ship pollutants, and waste received capacity and corresponding pollution emergency processing capacity, including necessary of facilities, and equipment and equipment; (three) has and business scale, and range phase adapted of professional technicians, and management personnel; (four) has sound of business management system and security management system and production security accident emergency plans,

Emergency plan approved by experts. Eighth article engaged in port acting goods, should has following conditions: (a) applicants is law in domestic registration registered of corporate; (ii) port acting goods business geographical for applicants location of administrative; (three) has and business range, and scale phase adapted of organization institutions and management personnel, and acting goods personnel, has fixed of Office places and business facilities, has business articles, and acting goods procedures and management system; (four) has meet related General requirements of quality management system; (five) has and port acting goods business phase adapted of,

With the port EDI Center and electronic transmission of cargo information system and the successful technology and equipment. Nineth article engaged in ship pollutants received business, should has following conditions: (a) has fixed of business places; (ii) equipped with sea works, and locomotive, and environment engineering full-time management personnel at least the a name, full-time management personnel should has 3 years above related professional practitioners qualifications; (three) has sound of business management system and security management system and production security accident emergency plans; (four) using ship engaged in ship pollutants received of,

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. Tenth Article port engineering try run during engaged in business of, should has following conditions: (a) has fixed of business places; (ii) has and business range, and scale phase adapted of port facilities, and equipment, which: 1. Terminal, and station, fixed facilities should meet port general planning; 2. for passenger provides Shang, and boat service of, should has at least can covered wind, and rain, and snow of waiting ship and Shang, and boat facilities; 3. for international route ship service of Terminal (including had connection anchorage, and buoy), should has opening qualification ; 4. for ship provides terminal, and had connection anchorage, and buoy, facilities of, should has corresponding of ship pollutants, and waste received capacity and corresponding pollution emergency processing capacity, including necessary of facilities, and equipment and equipment; 5. Terminal, and handling equipment, and Hong Kong pool, and channel, and guide help airlines facilities and he supporting facilities, port facilities subject engineering has by approved of preliminary design file built, and by completion acceptance qualified, has completion acceptance report; main handling equipment no-load linkage debugging qualified; 6. port engineering of environmental protection facilities, and Security facilities, and occupational protection facilities, and fire facilities, has by requirements and port subject engineering while construction completed, and has through security facilities acceptance and fire facilities acceptance or record, environmental protection facilities and occupational protection facilities meet national about legal, and regulations, and regulations, and standard provides of try run requirements; (three) has and business scale, and range phase adapted of professional technicians, and management personnel; (four) has sound of business management system and security management system; has developed try run programme and emergency plans,

And approved by experts. Article 11th port 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.

12th article application engaged in port business, should submitted following corresponding file and information: (a) port business business applications; (ii) business management institutions of composition and Office with room of ownership or right proved; (three) port, and library field, and storage tank, and sewage processing, fixed facilities meet national about provides of completed acceptance qualified proved; (four) using port Bank line of, port Bank line of using approved file; (five) using Hong Kong for ship of, Hong Kong for ship of ship certificate;

(F) key management personnel in charge of safety through training in work safety laws and regulations supporting documents; (VII) in accordance with article seventh condition of other documents and information.

Port cargo handling operations shall be provided (a) (b) provision of material and other documents showing compliance with the conditions specified in the eighth, and materials.

Ship pollutants receive operation shall be provided (a) (b) provision of material and other documents in accordance with article Nineth conditions and materials.

Engaged in business during the test operation of the port shall be provided (a) (b) (iv) (vi) provision of material and the conditions prescribed in accordance with article tenth of other documents and materials. Section 13th for port operation (except application port cargo), the applicant shall provide the port administration authority a written application and the 12th, 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 through information networks or newspapers published 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 3 years. Trial operation of port facilities need to operate, hold the permit for port operation for a period of trial operation period, and indicated on the certificate.

Trial operation period, in principle not more than 6 months really necessary extension, today trial operation period shall not exceed 1 year. Article 14th port cargo handling, port should be the seat of provincial transportation authorities apply in writing and submitted to the 12th paragraph of the relevant documents. Provincial transportation authorities after the receipt of the application and related materials, according to the need to consult the relevant administrative departments. Relevant administrative department shall, within 7 working days for feedback. Provincial transportation authorities 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 through information networks or newspapers published disapproval disapproval decision and reasons should be written notice to the applicant.

Provincial transportation authorities before making a decision at the same time, shall notify the port administration authorities will permit. 15th article provincial traffic transport competent sector and port administration sector on applicants proposed of port business license application, should according to following situation respectively made processing: (a) application matters law not need made administrative license of, should rates told applicants not accepted; (ii) application matters law not belongs to provincial traffic transport competent sector or port administration sector terms range of, should rates told applicants to about administrative organ application; (three) application material exists can spot corrections of errors of,

Should allows application people spot corrections; (four) application material not complete or not meet statutory form of, should spot or in 5th within once told applicants need correction of all content, late not told of, since received application material of day up that for accepted; (five) application matters belongs to provincial traffic transport competent sector or port administration sector terms range, application material complete, and meet statutory form, or applicants according to requirements submitted all correction application material of, should accepted business 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.

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 13th or 14th 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.

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 port operator license renewal application; (b) except as provided in the 12th paragraph (a) (ii) 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.

20th chapter management 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.

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. 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 port operators should 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.

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.

32nd port operator should be 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 33rd port administration of supervision and inspection departments shall for 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.

Fifth chapter legal responsibility 37th 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 5 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;

(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 provincial Transportation Department, where the port of 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、JIU、Shitiao 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 the 28th, 29th, port administration authorities shall conduct investigations, and to assist the relevant departments for processing.

Port operator in violation of the provisions of article 42nd 32nd article 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 article port administration sector 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) on not meet statutory conditions of applicants give port business license of; (ii) found made business license of port business people no longer has statutory license conditions and not timely revoked license of; (three) not law perform supervision check duties,

Without the permission of law engaged in port operations, 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.

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.

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 security management of dangerous goods regulations (the Ministry of transport in 2012, 9th). 48th article of the regulations come into force on March 1, 2010. December 26, 2003, issued by the Ministry of port management regulations (2004, traffic, 4th) repealed simultaneously.

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