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Provisional Regulations of the People's Republic of China on the Administration of Seaports

Release Time:2022-04-15 Topic:The most famous lawyer in securities investment disputes Reading:26 Navigation:Stock Liao information > Current Events > Current affairs > Provisional Regulations of the People's Republic of China on the Administration of Seaports phone-reading

Chapter 1 General Provisions

Article 1 The coastal ports of the People's Republic of China shall be The Ministry of Communications of the Government (hereinafter referred to as the Central Ministry of Communications) shall set up port authorities, branches and offices (hereinafter referred to as port authorities) according to the needs of trade and transportation, as well as their throughput tasks and equipment capabilities. The establishment and abolition of the Port Authority shall be submitted by the Central Ministry of Communications to the Administration Council of the Central People's Government (hereinafter referred to as the Administration Council) for approval and publication.

Article 2 The Port Authority shall, in accordance with the provisions of these Regulations, be responsible for the implementation of port administration and business matters, and be the economic accounting unit of the enterprise.

Article 3 The Port Authority is directly under the jurisdiction of the General Administration of Shipping of the Central Ministry of Communications, and is under its unified leadership in administration, business, technology and finance, and is supervised and guided by the local people's government.

Article 4 The Director of the Port Authority shall be fully responsible for the completion of the harbour production and financial plans, the use and maintenance of the harbour property and equipment, the safety of the harbour area and the maintenance of the order in the harbour and the maintenance of employee discipline. In order to carry out the above-mentioned tasks smoothly, it is necessary to get in close contact with the navy, public security, health, customs and other relevant departments and coordinate the handling.

Article 5 The orders and instructions issued by the Director of the Port Authority within his statutory authority shall be strictly observed and implemented by the relevant agencies, enterprises, ships and all relevant personnel.

Article 6 All port equipment in the harbor area shall be under the unified jurisdiction of the port authority. All wharfs, warehouses, and attached office buildings, etc. owned by all agencies and enterprises in the port area shall be gradually handed over to the Port Authority for unified operation and management in accordance with the provisions of Article 13 of this Act.

Article 7 Any other state agency or enterprise that needs to carry out any construction in the harbor area must obtain the consent of the port authority.

Article 8 The Port Authority may, in accordance with relevant laws and regulations, be responsible for supervising and directing all business matters of the private shipping industry, ships, docks and warehouses within the jurisdiction of the seaport.

Chapter II Delimitation of the Port Area

Article 9 The land area of ​​a port, including the land occupied by the port and the coastline and wharf in the area , warehouses, machinery and equipment, dangerous goods storage areas, fuel oil storage areas and refueling equipment, ship repair yards, docks, related port engineering buildings, fresh water supply bases, lighthouse signs, etc.

Article 10 The waters of seaports, including the water surface and water occupied by the port, the waterway for ships entering and leaving the port, all anchorages and berths, the tributaries of the port that communicate with the port and are needed by the port, and the The harbour may be developed close to the water in the future.

Article 11 For the delimitation of the seaport area, each port authority shall formulate the plan of the port area according to the specific situation, draw the plan of the land and water area together with the instructions, and submit it to the local people's government to convene relevant units for negotiation and then report to the Central Transportation The Ministry of Foreign Affairs will transfer it to the Government Council for approval and implementation.

Article 12 Where the railway lines in the port area are used for the transfer of goods and passengers between railways and ships, they are railway business lines. It is specially designed for the seaport itself to transfer goods, and it is a special line for the seaport. The division of labor between railways and seaports and the rules for the operation of trains and vehicles in the port area shall be handled by the railway administration and the port authority by signing a contract.

Article 13 For the existing wharfs, warehouses and attached office buildings of other state agencies and enterprises in the port area, the property rights will not be changed for the time being, and the original units can still be held and used. The wharfs and warehouses in the port area that they leased can also continue to be leased, but they should be under the unified management of the port authority. In order to meet the needs of domestic and foreign trade development, the port authority may report to the local people's government for a decision at an appropriate time. Adjust, repossess and release its lease. The property rights of the existing fishing wharfs, oil wharves and their dedicated warehouses in the port area by the Ministry of Agriculture and the Ministry of Commerce of the Central People's Government are still owned by the respective ministries, and their subordinate stevedores are also managed by the leaders of the respective ministries.

Chapter III Duties of the Port Authority

Article 14 Duties of the Port Authority:

(1) Supervise the compliance of all relevant partiesAbide by the national shipping and port laws, and take effective measures to prevent and put an end to any behavior that violates the above-mentioned laws and regulations.

(2) Responsible for maintaining all equipment in the port area and waterway, maintaining a certain depth and width of the waterway and water area, and serving to ensure the safety of ships entering and leaving the port and improve navigation efficiency.

(3) Carry out various construction work of the seaport to ensure the needs of national economic development.

(4) To lead the management of loading and unloading workers, organize the loading and unloading, storage, sending and receiving of goods, supervise the transportation of passengers and goods, organize vehicles such as automobiles, carts, barges and other water and land vehicles, and handle the delivery and re-export business of goods.

(5) Manage marine fuel, materials, fresh water supply and other services to ships.

(6) To organize water diversion, manage and supervise the entry and exit of ships.

(7) To set up and supervise the harbor radio station, to inform the ships of the weather and to contact the maritime affairs frequently.

(8) Rescue the ship, life, cargo, etc. in distress, and properly keep the rescued property; investigate and handle all maritime and average cases.

(9) Handle crew and pilot assessments, issue certificates, and handle ship registration and registration.

(10) Assist the Ship Registration Bureau in handling ship inspections and measurements.

(11) To supervise all the engineering, machinery and construction equipment of the seaport, and to carry out technical inspection and maintenance.

(12) To supervise the sanitation and fire prevention equipment in the port, and to implement epidemic prevention inspection and safety and sanitation.

(13) To supervise and maintain the lights, signals and warning equipment under the jurisdiction of the harbour.

(14) To levy the prescribed port charges and various fees.

(15) To supervise and guide all business matters of the private shipping industry, ships, wharves, warehouses and owners of seaport instruments within the jurisdiction of the seaport.

Article 15 Authority of the Port Authority:

(1) According to the regulations, orders and instructions issued by the Central Ministry of Communications, various business contracts may be signed in the name of the Port Authority.

(2) In accordance with the laws and regulations, after being reported to the Central Ministry of Communications for approval, the necessary rules and regulations shall be promulgated.

(3) To investigate, prosecute or impose fines on agencies, enterprises, ships and individuals who violate the laws and regulations of national shipping and port affairs.

(4) The crew members, pilots, etc. who violate the technical safety regulations shall be punished by warning, demerit, demotion or revocation of certificates.

(5) When necessary, effective measures may be taken to require ships staying in the port and agencies, enterprises or individuals in the port area to provide all first-aid tools or equipment in the fastest way possible. To protect human health, life, the safety of ships, cargo and other property, and the smoothness of the waterway.

(6) The original owner may be required to salvage the sunken ships and objects in the harbour waters, waterways or near the harbour area within a time limit. If it obstructs navigation, if the notice or written notice fails to comply with the time limit, it may be salvaged or removed without the consent of the original owner. The required expenses and other taxes payable according to the chapters shall be offset under the income from the value of the salvaged ships and goods. The amount of the shortfall shall be borne by the original owner, and any excess shall be paid to the original owner.

(7) For the safety and operation needs of the port area, the property or goods in the port area may be required to be removed or moved out within a certain period of time, but the removal or transfer of fixed buildings may be required. , should be reported to the local people's government for handling.

(8) For the goods that are overdue and overdue, they may be dealt with in accordance with the relevant laws and regulations.

Article 16 The port authority may prohibit the ship from leaving the port when one of the following circumstances occurs:

(1) Violation of the ship's documents, the status of the ship, loading, supply, equipment, etc. Regulations of safety technical conditions or regulations of other laws and regulations.

(2) Those who fail to pay the following:

(1) Port charges;

(2) Fines for violation of laws and regulations;

(3) Compensation fees for damage to harbour engineering buildings, waterway signs and other properties in the harbour.

Article 17 For ships that are prohibited from leaving the port for failing to pay the preceding clauses, the port authority shall release them immediately if they have put forward appropriate collateral to cover the payment.

Article 18 If a vessel damages harbour works, buildings, fairway signs or other property in the port, and the responsibility is not identified, the port authority shall prohibit the vessel from leaving the port for three days (from the time the order is served on the other party). until the full seventy-two hours are counted), if the responsibility has not been determined within the time limit, it should be released immediately.

Article 19 All expenses (including inspection, verification and other expenses) of the vessel during the period when the vessel is prohibited from leaving the port shall be borne by the vessel.

Article 20If the port authority, without any legal basis, orders a vessel to be prohibited from leaving the port without authorization, the vessel may claim compensation from the port authority for the direct losses suffered due to the prohibition of departure, and may reserve the right to sue the port authority.

Article 21 If the port authority prohibits ships from leaving the port according to the requirements of other agencies, enterprises or individuals, the port authority may file a complaint against the original requester when it is judged by the court to be illegal.

Article 22 The non-state-operated wharfs, warehouses and their ancillary equipment in the port area shall be handled in accordance with the current government laws and regulations, except for the unified management and dispatch of the port authority.

Chapter IV Supplementary Provisions

Article 23 The regulations on the economic status and fixed capital of the Port Authority as a legal person shall be implemented by separate regulations issued by the Central Ministry of Communications.

Article 24 The regulations on the use of seaports by the navy shall be stipulated separately by the State Council.

Article 25 These Regulations shall come into force on the date of approval and promulgation by the State Council.

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