Administrative Provisions On Port Operation

Original Language Title: 港口经营管理规定

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(Released on April 15, 2004 Department of transportation in 2004, 4th) Chapter I General provisions article I-standard 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. 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, and for ship provides terminal, and had connection anchorage, and buoy, facilities; 2, and for passenger provides waiting ship and upper and lower ship facilities and service; 3, and for client provides 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, and
    For ship access Hong Kong, and by away from Terminal, and moved parking provides top push, and towing, service; 5, and for client provides goods handover process in the of points and check goods surface status of acting goods service; 6, and for ship provides Bank electric, and burning material, and life products supply, and crew shuttle and the provides garbage received, and pressure class water (containing residual oil, and sewage collection) processing, and surrounding oil stopped supply service, ship port service; 7, and 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).
    Fourth Ministry is responsible for the national operator of port management.
    People's Governments of provinces, autonomous regions and municipalities (ports) port management authorities are responsible for the districts. Seat of the people's Governments of provinces, autonomous regions and municipalities, port city divided into districts () and county governments determine the concrete implementation of the port Administration Department is responsible for the operation and management of the port.
    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 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, and 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, and 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, and
    Terminal serving international shipping (including barge anchorage, buoys), should have opened to eligible; 4, to provide the shipping Wharf, barge anchorage, buoys and other facilities should have 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.
    Article eighth tally of the port, subject to the following conditions: (a) commensurate with the scope and scale of the organizations and managers, merchandisers, (ii) have a fixed office space and facilities, (iii) the business regulations and management systems. Nineth engaged in 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.
    Tenth 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 card (Ming) book and the port Bank line using approved file; (four) using Hong Kong for ship of, Hong Kong for ship of ship certificate;
    (E) key management personnel in charge of safety through training in work safety laws and regulations supporting documents; (vi) 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. 11th section engaged in port operations (except application port cargo), applicants should apply in writing to the administrative sector ports (attached below) and related documents of the tenth article. 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 (attached), 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 explicitly licensed types of port operations. Article 12th port cargo handling, shall be filed with the Ministry a written application and tenth paragraph of related documents. Ministry of communications after the receipt of the application and related materials can be based on the need to consult local traffic (port) authorities and relevant administrative departments. These departments should be providing feedback within seven working days. Ministry shall accept the applicant within 20 working days from the date of the application for approval or disapproval of the decision. License, the issuance of the permit for port operation, and published on the Ministry 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 at the same time, license notify the port should be port administration authority.
    13th article Ministry 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 Ministry 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 Ministry 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.
    14th applicant port administration authority issued the permit for port operation, traffic, or to the administrative departments for industry and commerce registration, obtaining the business license before they can engage in port operations.
    15th port operator should be in accordance with the port Administration Department of business engaged in port operations.
    16th port operators change their scope of operation, changes should be in accordance with the provisions of article 11th or 12th provisions of licensing procedures and to the appropriate change of the registration departments for industry and commerce.
    Port operator changes the legal representatives or offices, shall be filed with the administrative departments for the record. 17th 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 III management of the 18th article of port administration 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. 19th 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.
    20th 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.
    21st 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 facilities, port operators should be subject to administrative command.
    Port management losses incurred or suffered as a result, authority to issue administrative tasks shall be given appropriate financial compensation. 22nd 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.
    23rd 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 Ministry of communications and the higher traffic (port) authority records.
    24th port operator shall, in accordance with the relevant laws, regulations and provisions relating to port security operations, traffic, strengthen 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.
    25th port operators engaged in port operations, shall comply with the provisions of relevant laws, rules and regulations of the Ministry, shall perform the obligations stipulated in the contract, to provide fair, good service.
    Article 26th the 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.
    27th terminal operator shall not take improper means, squeezing out competitors and 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.
    28th operators shall be paid in full and on time in accordance with the relevant provisions of the port port 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.
    29th 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.
    30th port operator should be in accordance with relevant regulations of the State, to the port administration port statistics and related information provided by departments.
    All levels of traffic (port) authority and port administration authorities shall, in accordance with the relevant provisions to the Department of transportation and the higher traffic (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 article 31st port administration of supervision and inspection departments shall for port safety and exercise supervision over and inspection of the implementation of these provisions. And 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.
    All levels of traffic (port) 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 32nd 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.
    Inspectors business secrets obtained in the inspection, shall be kept confidential.
    The inspectors from conducting supervision and inspection, should be more than two people, and produce their documents.
    Article 33rd 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 34th 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 35th 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 storage business.
    The preceding paragraph (c), if the circumstances are serious, port cargo handling business license revoked by the Ministry, and in an appropriate manner to the public.
    Article 36th confirmed by examination or investigation, port operator who received business license does not comply with the provisions of article seventh to eighth after 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.
    37th 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.
    38th port operator in violation of the provisions of article provisions on safety in the 24th, 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.
    39th port operator in violation of the provisions set forth in the 25th, 26th, port administration authorities shall conduct investigations, and to assist the relevant departments for processing.
    Port operator in violation of the provisions of article 40th 30th 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. 41st 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. 42nd 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 43rd Administrative Department in accordance with the People's Republic of China ports port regulations law should be released at the same time deliver superior traffic (port) authority and Ministry of communications filing. 44th port pilotage for the pilotage regulations released by the Ministry.
    Engaged in port operations of dangerous goods shall comply with dangerous goods management regulations released by the Ministry of the port.
    45th article of the rules shall be interpreted by the Ministry.

    46th article of the regulations come into force on June 1, 2004.                                                        附:港口经营业务申请书
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│  申请日期  │                                          年 Months day │ └-the-the-the-the-the-the ┴-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the-the ┘ =tbl/> port business business applications fill in description: a, and this applications by application engaged in port business business of organization or personal fill in, submitted related of port administration sector; II, and "application business port business of type" Department refers to port business management provides third article provides of Terminal and other port facilities business, port passenger transport service business,
    In port within engaged in goods handling, and lightering, and warehouse business, port tug business, port acting goods business, ship port service business business and port mechanical, and facilities, and equipment rental business; three, and "annex name" Department refers to port business management provides tenth article provides of applicants should submitted of except port business business applications yiwai of other file, and information name; four, and "application date" Department refers to applicants will port business business applications submitted related port administration sector of date. Port business license printed Description: 1, and copies number: a type three copies, is divided into original, and copy, and stub; 2, and specifications: A4 copy paper specifications outside box line 2 pounds, within box line 0.5 pounds; 3, and paper quality: original: 230 grams cloth lines coated paper copy: 157 grams cloth lines coated paper stub: 157 grams cloth lines coated paper 4, and color: original: blue color 20% copy: yellow 20% stub: blue color 15%
                                                  Red 15% yellow 5, font: title "the permit for port operation": 32 lbs founder coarse song "original" (copy/stub): 35-pound Chinese instrument song simplified 42% "(), Kong Zi ()": 13 lbs and Han Song and a simple instrument book: 15 lb are shown in italics

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