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| Regulations for Port Operation Management |
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Chapter 1 General Provisions Article 1 These regulations are formulated in accordance with the Port Law of the People’s Republic of China as well as other relevant laws and rules and regulations in order to standardize the port operation conducts and maintain the port operation order. Article 2 These regulations are applicable to port operation and other related activities. Article 3 For the purpose of these regulations the following words are employed with the meaning set forth below: 1. Port operation refers to such activities as the port operators provides port facilities or services to ships, passenger and cargo within the port area, including, but not limited to, the following items: 1) To provide ships with such facilities as berths, lightening anchorage, buoys etc.; 2) To provide passengers with such facilities and services to wait for, embark and disembark ships; 3) To provide trustors with such services as cargo handling (including lighterage), storage and warehousing, barge transport within port area, storage, stuffing and unstuffing of containers, as well as simple processing of cargo and its packing; 4) To provide ships with such services as pulling and pushing and towage upon entering or leaving the port, berthing or unberthing and shifting berths; 5) To provide trustors with such tally services as counting packages and inspecting apparent conditions of commodities during the process of taking over and handing over; 6) To provide ships with such port ship services as supply of shore power, bunkers, daily necessities, traffic for crew, disposition of garbage, ballast water (including residual oil and polluted water), supply of oil fence, etc.; and 7) To be engaged in leasing, repair and maintenance of port equipment and facilities and harbor machinery. 2. Port operators refer to such organizations or individuals with the qualification in accordance with the law to conduct port operation activities. 3. Port facilities refer to such buildings or structures built or equipped for port operations. Article 4 The Ministry of Communications of the People’s Republic of China shall be the administration in charge of the port operation management in China. The competent transport (port) departments of the people’s government at the level of province, autonomous regions or the municipality directly under the Central Government shall be in charge of the port operation management with their respect jurisdiction. The departments appointed by the people’s government at the level of province, autonomous regions or the municipality directly under the Central Government, or by the people’s government at the municipal or county level where the port is located shall be responsible for the operation management of the port. The department as mentioned in this article shall be exclusively termed as the port administrative department. Article 5 The Central Government encourages multi-operation and fair competition in port productive operations. No port operator is allowed to conduct monopoly in port operation and no organization or department is allowed to conduct local or departmental protection in port operation in any form. Chapter 2 Qualification Administration Article 6 Operators to be engaged in port operations shall apply for and obtain port operation license. Granting of port operation license shall stick to the principle of fairness, justice and openness with no charge collected from the applicants and shall be subject to social supervision. Article 7 Operators to be engaged in port operation (port tally excepted) shall satisfy the following requirements: 1. Having fixed site for port operation; 2. Having port facilities and equipment appropriate to port operating scope and scale, among which: 1) The fixed facilities such as wharves, passenger terminals, storage yards, storage tanks, polluted water disposition devices shall satisfy the requirements of the overall port outlays, the provisions of the relevant law, rules and regulations and the related technical requirements as well; 2) Terminals to provide services for embarking and disembarking of passengers shall be equipped with such facilities as waiting hall, embarking and disembarking devices against winds, rains and snows; 3) Terminals to provide services for international shipping lines (including lightening anchorage, buoys) shall get the qualification of openness to outsiders; or 4) Operators to provide ships with such facilities as berths, lightening anchorage and buoys shall be equipped with such facilities for handling of ship garbage and wastes, and for pollution emergency, including facilities, equipment and devices necessary for this purposes. 3. Having technical and managerial personnel appropriate to port operating scope and scale. Article 8 Operators to be engaged in port tally service shall meet the following requirements: 1. Having organizational structures, managerial personnel and tally clerks appropriate to business operating scope and scale; 2. Having fixed operating site and operating facilities; and 3. Having articles of association and managing systems. Article 9 Operators engaged in cargo handling and warehousing service are not allowed to conduct cargo tally service and operators engaged in cargo tally service are not allowed to conduct cargo handling and warehousing service concurrently. Article 10 Applicants for port operations shall submit the following documents and materials: 1. Application for port operaion; 2. Composition of operational organization and certification of ownership or utilization of office buildings; 3. Certificate (certification) of completion of fixed facilities such as terminal, storage yard, storage tank and pollute water disposition device that have satisfied the relevant national requirements and approval document for utilization of shoreline; 4. Ship certificates for port operation ships in case of harbor ship operation; 5. Training certificates of top managerial personnel in charge of safe production who have succeeded in training of safety production law, rules and regulations; and 6. Other documents and materials in conformity with the provisions as contained in Article 7 of this Regulations. Operators to be engaged in cargo tally service shall submit the documents as provided for in Paragraph 1 and Paragraph 2 of this Article, the list of tally clerks and qualification certificate of such tally clerks. Article 11 Applicants for port operation (port tally excepted) shall submit to the port administrative department the written application form (as attached) and the relevant documents as as provided for in Paragraph 1 of Article 10. The port administrative department shall make decision whether to grant permission or not within 30 working days after receipt of such application. The port administrative department shall issue the Port Operation Permit (as attached) to applicants who have satisfied the requirements and make such occurrence known to the public through internet or newspapers, and for whose applicants who have not satisfied the requirements, the port administrative department shall not grant the Port Operation Permit and shall advice the applicants in written form of such decision and reasons therefore. The Port Operation Permit shall define the port operation scope as permitted. Article 12 Applicants for port tally service shall submit to the Ministry of Communications the written application form and the relevant documents as provided for in Paragraph 2 of Article 10. The Ministry of Communications may, as the case may be, call for comments from the local competent transport (port) department and relevant port administrative department after receipt of such application and relevant documents, and the above-mentioned department shall make feedback to the Ministry within 7 working days. The Ministry of Communications shall, within 20 working days after receipt of such application and documents, make decision whether to grant permission or not. The Ministry of Communications shall issue the Port Operation Permit to applicants who have satisfied the requirements and make such occurrence known to the public through the website of the Ministry or newspapers, and for whose applicants who have not satisfied the requirements, the Ministry shall advice the applicants in written form of such decision and reasons for not granting the permission. The Ministry shall, upon making the decision, advice the relevant port administrative department of such occurrence. Article 13 The Ministry of Communications and the port administrative department shall, upon receipt of application for port operation, make relevant decisions in accordance with the following conditions: 1. For application that not requires administration permission according to the law, advise the applicant of such occurrence; 2. For application that not falls within the administration of the Ministry and the port administrative department, advise the applicant in time of application to the relevant competent authorities; 3. For application that only needs on-the-spot correction, allow the applicant to make on-the-spot correction; 4. For application that is not complete or not in conformity with the legal form, advise the applicant instantly or once within 5 days of the contents to be completed, failing which the application shall be deemed as accepted as from the day of receipt thereof; or 5. For application that falls within the administration of the Ministry and the port administrative department with complete document in the legal form, or for application the applicant has made up the complete materials as requested, the application to be considered as application for business operation license. For acceptance of application or non-acceptance for the operation permit, a written evidence with the exclusive seal of the approving authorities and approving day shall be produced. Article 14 Applicants shall conduct industrial and commercial administration with the industrial and commercial administration department against presentation of the Port Operation Permit issued by the port administrative department or the Ministry of Communications, and may conduct port operation service only after obtaining business license from the industrial and commercial administration department. Article 15 Port operators shall conduct port-operating activities within the business scope as permitted by the port administrative department. Article 16 Port operators shall, in case of alteration of business scope, carry out permission procedures in accordance with the provisions as contained in Article 11 or Article 12 of this Regulations, and shall conduct alteration administration with the industrial and commercial administration department. Port operators shall, in case of alteration of legal representative of business place, file such occurrence with the port administrative department. Article 17 Port operators shall, in case of lockout or suspension of business, advise such occurrence to the original approving department 30 days in advance. The original approving department shall collect back and nullify the Port Operation Permit and make such occurrence known to the public in appropriate manner. |
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