Order of the President of the People's Republic
of China
No. 5
The Port Law of the People's Republic of China, adopted at the
3rd Meeting of the Standing Committee of the Tenth National
People's Congress of the People's Republic of China on June 28,
2003, is hereby promulgated and shall go into effect as of January
1, 2004.
Hu Jintao?
President of the
People's Republic of China
June 28, 2003
Contents
Chapter I?General Provisions
Chapter II Port Planning and Construction
Chapter III?Port Operation
Chapter IV Port Safety and Supervision
Chapter V Legal Responsibilities
Chapter VI Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted with a view to strengthening port
administration, maintaining port safety and operational order,
protecting the legitimate rights and interests of the parties and
promoting the construction and development of ports.
Article 2 This Law is applicable to the planning, construction,
maintenance, operation and administration of ports and other
relevant activities.
Article 3 As used in this Law, the term "port" means a region
comprising certain water and land areas, having the functions for
vessels to enter, leave, lie at anchor and moor, for passengers to
embark and disembark, and for goods to be loaded, unloaded,
lightered and stored, and being equipped with the necessary dock
facilities.
A port may consist of one or more port areas.
Article 4 The State Council and the local people's governments
at or above the county level concerned shall embody the
requirements of port development and planning in their plans of
national economic and social development, protect and make rational
use of the port recourses in accordance with law.
Article 5 The State encourages economic organizations and
individuals at home and abroad to invest in port construction and
operation in accordance with law, and protects the legitimate
rights and interests of the investors.
Article 6 The competent department of communications under the
State Council shall be in charge of the administration of port
affairs throughout the State.
The local people's governments shall, in accordance with the
regulations on the system for port administration formulated by the
State Council, decide on the administration of the port situated
within their own administrative areas.
According to the port administration system decided on as
prescribed in the preceding paragraph, for a port that comes under
the administration of the people's government of the city or county
where it is located, the said people's government shall assign a
department to administer the port specifically; and for a port that
comes under the administration of the people's government of a
province, autonomous region, or municipality directly under the
Central Government where it is located, the said people's
government shall assign a department to administer the port
specifically.
The departments assigned as per the provisions in the preceding
paragraph to conduct specific port administration are hereinafter
referred to as port administration authorities in general.
Chapter II
Port Planning and Construction
Article 7 Port plans shall be drawn up in accordance with the
requirements of national economic and social development and the
needs of national defense, shall embody the principle of rational
use of the coastline resources, shall comply with the plans for the
network of cities and towns, and shall be connected and coordinated
with the general plans for land use, general city plans, river
basin plans, flood-control plans, marine function divisions,
waterway transport development plans, development plans for other
modes of transport and other relevant plans provided for by laws or
administrative regulations.
In drawing up a port plan, specialists shall be invited to
expound and prove it; and the effects on the environment shall be
evaluated in accordance with law.
Article 8 Port plans include port layout plans and port general
plans.
A port layout plan means the plan for the geographical
distribution of ports, embracing the national port layout plan and
the port layout plan of a province, autonomous region, or
municipality directly under the Central Government.
A port general plan means the specific plan of one port for a
given period of time, embracing the scope of water and land areas,
division of the port area, handling capacity and types of calling
vessels, the character and functions of the port, use of water and
land areas, use of coastline for the construction of port
facilities, allocation of land for construction, the order of
construction phases, etc.
The port general plan shall conform to the port layout plan.
Article 9 The national port layout plan shall be drawn up by the
competent department of communications under the State Council
after consulting with the relevant departments under the State
Council and the military authorities concerned and shall be
promulgated for implementation upon approval by the State
Council.
With respect to the port layout plan of a province, autonomous
region, or municipality directly under the Central Government, the
people's government of the province, autonomous region, or
municipality directly under the Central Government shall make
arrangements to draw it up on the basis of the national port layout
plan and submit it to the competent department of communications
under the State Council for comments and suggestions. If the said
department puts forward no suggestions for revision within 30 days
from the date it receives the plan submitted for its comments and
suggestions, the port layout plan shall be promulgated for
implementation by the people's government of the province,
autonomous region, or municipality directly under the Central
Government. If the competent department of communications under the
State Council considers the plan not in conformity with the
national port layout plan, it shall put forward its suggestions for
revision within 30 days from the date it receives the plan. If the
people's government of the relevant province, autonomous region, or
municipality directly under the Central Government raises
objections to the suggestions for revisions, it shall report to the
State Council for decision.
Article 10 A port general plan shall be drawn up by the port
administration authority after consulting with the relevant
departments and the military authorities concerned.
Article 11 With respect to the general plan of a major port with
an important geographical position, a relatively great handling
capacity and a fairly wide-spread effect on the economic
development, the competent department of communications under the
State Council shall consult with the relevant departments under the
State Council and the military authorities concerned, before it
gives approval to the plan in conjunction with the people's
government of the relevant province, autonomous region, or
municipality directly under the Central Government and promulgates
it for implementation. The list of major ports shall be decided on
and promulgated after the competent department of communications
under the State Council consults with the relevant departments
under the State Council.
The people's government of a province, autonomous region, or
municipality directly under the Central Government shall decide on
the major ports located there after consulting with the competent
department of communications under the State Council. The general
plans of the major ports shall be subject to approval and be
promulgated for implementation by the people's government of the
province, autonomous region, or municipality directly under the
Central Government after consulting with the competent department
of communications under the State Council.
The general plans of the ports other than the ones as specified
in the preceding two paragraphs shall be promulgated for
implementation upon approval by the people's government of the city
or county where the ports are located and shall be submitted to the
people's government of the province, autonomous region, or
municipality directly under the Central Government for the
record.
The general plan of a port belonging to the category of the
ports as specified in the first or second paragraph of this Article
which is drawn up by the port administration authority of the
people's government of a city or county shall be subject to
examination and agreement by the said people's government before it
is submitted for examination and approval.
Article 12 Revision of port plans shall be made in accordance
with the procedures for formulating port plans.
Article 13 Where deep-water coastline is to be used for the
construction of port facilities in the area covered by the port
general plan, the matter shall be subject to approval by the
competent department of communications under the State Council
together with the department in charge of comprehensive and
macro-economic regulation and control under the State Council.
Where non-deep-water coastline is to be used for the construction
of port facilities, the matter shall be subjected to approval by
the port administration authority. However, where port coastline is
to be used for the construction of a project which has been
approved by the State Council or the department in charge of
comprehensive and macro-economic regulation and control under the
State Council, there shall be no need to go through the formalities
of examination and approval separately for such use.
The standard of port deep-water coastlines shall be formulated
by the competent department of communications under the State
Council.
Article 14 Port construction shall conform to port plans. No
port facilities shall be constructed at variance with port
plans.
Article 15 With respect to port construction projects subject to
approval by the relevant authorities according to State
regulations, the approval formalities shall be gone through in
accordance with the relevant regulations of the State, and the
projects shall conform to the relevant national standards and
technical specifications.
The effect exerted by port construction projects on the
environment shall be evaluated in accordance with law.
Safety facilities and environmental protection facilities for
port construction projects shall be designed, constructed and put
into use simultaneously with the principal parts of the
projects.
Article 16 In port construction, land and water areas shall be
used in conformity with the provisions of the laws and
administrative regulations concerning administration of land and of
the use of sea areas, administration of the river courses and of
the fairways and administration of protection for military
facilities, and other relevant laws and administrative
regulations.
Article 17 Places in ports for handling dangerous cargoes and
special places for sanitation and pest elimination shall conform to
the general plans of ports and the requirements of the State for
safe production, protection against fire, inspection and
quarantine, and environmental protection; the distance between such
places and densely-populated districts and the passenger transport
facilities in the port shall conform to the regulations of the
relevant departments under the State Council; and such places shall
be constructed only after the relevant formalities are gone through
in accordance with law and approval is given by the port
administration authorities.
Article 18 Beacons and other auxiliary facilities shall be put
up simultaneously with the construction of the port and their
putting into use on schedule shall be guaranteed.
The construction of office facilities for the relevant
administrative authorities in the port shall conform to the port
general plan, and the expenses involved therefor shall not be
apportioned among port operators.
Article 19 Upon completion of construction, port facilities
shall be put into use only after they are checked and accepted as
qualified in accordance with the relevant regulations of the
State.
The ownership of port facilities shall be determined in
accordance with the provisions of relevant laws.
Article 20 The relevant people's governments at or above the
county level shall guarantee the necessary investment of funds in
the construction and maintenance of the port infrastructures for
public use, such as the fairways, breakwaters and anchorages. The
specific measures thereof shall be formulated by the State
Council.
Article 21 The relevant people's governments at or above the
county level shall take measures and make arrangements for the
construction of facilities subsidiary to the port, such as
fairways, railways, roads, water supply and drainage, power supply
and telecommunications.
Chapter III
Port Operation
Article 22 Whoever intends to operate a port shall submit a
written application to the port administration authority for a port
operation permit and register with the department for industry and
commerce in accordance with law.
When granting permission for port operation, the port
administration authority shall follow the principles of openness,
impartiality and fairness.
Port operations include the operations of dock and other port
facilities, port services for passenger transport, cargo loading,
unloading, lightering and storing in the port area, and operations
of tugs in port.
Article 23 Whoever intends to obtain a port operation permit
shall have fixed business places and the necessary facilities,
equipment, professional technicians and managerial staff for the
operations, and meet the other requirements provided for by laws
and regulations.
Article 24 The port administration authority shall make a
decision whether to grant or not to grant permission within 30 days
from the date it receives the written application prescribed in the
first paragraph of Article 22 of this Law. If it decides to grant
permission, it shall issue a port operation permit to the
applicant. If it refuses to do so, it shall inform the applicant of
the fact in writing and give the reasons why.
Article 25 Whoever intends to engage in port tallying shall
obtain a permit in accordance with relevant regulations. Permission
for port tallying shall be granted in adherence to the principles
of openness, impartiality and fairness. The specific measures shall
be formulated by the competent department of communications under
the State Council.
A port tallyman shall do the tallying impartially and
accurately; and he shall not concurrently engage in the loading,
unloading and storing of cargoes as prescribed in the third
paragraph of Article 22 of this Law.
Article 26 In conducting operational activities, a port operator
shall abide by the relevant laws and regulations and the rules
governing port operations formulated by the competent department of
communications under the State Council, perform in accordance with
law the obligations agreed upon in contracts, and provide clients
with fair and fine services.
A port operator engaged in passenger transport shall take
effective measures to ensure the passengers' safety, provide them
with quick and convenient services and keep a good environment for
them when waiting to board a ship.
A port operator shall, in accordance with the laws and
regulations concerning environmental protection, take effective
measures to prevent and control pollution and hazards to the
environment.
Article 27 A port operator shall give first priority to the
materials for use in emergency, materials for relief of disasters
and materials urgently needed for the buildup of national
defence.
Article 28 At his business place, a port operator shall
publicize the items of services on which fees are charged and the
service rates. Unless publicized, they shall not be put into
practice.
Where the rates of port operational fees are guided or fixed by
the government in accordance with law, the port operator shall
collect fees according to the relevant regulations.
Article 29 The State encourages and protects fair competition in
port operational activities.
A port operator shall not make a monopoly of the operation or
conduct illegitimate competition and shall not by any means compel
another person to accept the port services he provides.
Article 30 The port administration authorities shall, in
accordance with the provisions in the Statistics Law of the
People's Republic of China and relevant administrative regulations,
require the port operators to provide statistical data, the port
operators shall provide truthful data.
The port administrative authorities shall, in accordance with
the relevant regulations of the State, submit the statistical data
provided by port operators to the authorities at a higher level
without delay and shall keep the business secrets for the port
operators.
Article 31 The legitimate rights and interests of the port
operators are protected by law. No units or individuals may
apportion charges among the port operators or collect fees from
them in violation of laws, or illegally interfere with the right of
the port operators to make their own decisions for their
operation.
Chapter IV
Port Safety and Supervision
Article 32 A port operator shall, in accordance with the
provisions in the Law of the People's Republic of China on Work
Safety and other relevant laws and regulations and the provisions
of the rules formulated by the competent department of
communications under the State Council concerning safe operation of
ports, tighten supervision over safe production, establish sound
rules and regulations on the responsibility system for safe
production, keep improving the conditions for safe production, take
effective measures for safe production and ensure safe
production.
A port operator shall, in accordance with law, make its own
contingency plans against accidents due to dangerous cargoes,
emergency plans for evacuation and rescue of passengers in a major
accident due to lack of safe production and plans against natural
disasters, and shall ensure the implementation of the plans.
Article 33 A port administration authority shall formulate port
contingency plan against accidents due to dangerous cargoes in port
that may jeopardize public interests, emergency plans for
evacuation and rescue of passengers in a major accident due to lack
of safe production and plans against natural disasters, and shall
establish a sound port emergency and rescue system major accidents
due to lack of safe production in port.
Article 34 Before a vessel enters or leaves a port, the matter
shall be reported to the maritime administration authority in
accordance with the provisions in laws and administrative
regulations concerning waterway traffic safety. After receiving the
report, the maritime administration authority shall, without delay,
notify the port administration authority thereof.
Before a vessel carrying dangerous cargoes enters or leaves a
port, the descriptions, characteristics and package of the cargoes
and the time of entry or departure shall be reported to the
maritime administration authority in accordance with the
regulations of the competent department of communications under the
State Council. After receiving the report, the maritime
administration authority shall make the decision whether to grant
approval or not within the time limit specified by the competent
department of communications under the State Council and notify the
reporter and the port administration authority of the decision.
However, fixed vessels navigating along fixed routes and carrying
fixed categories of cargoes may make the report on a regular
basis.
Article 35 Before loading, unloading and lightering dangerous
cargoes in a port area, the descriptions, characteristics and
package of the cargoes and the time and place for the operations
shall be reported to the port administration authority in
accordance with the regulations of the competent department of
communications under the State Council. After receiving the report,
the said authority shall make the decision whether to grant
approval or not within the time limit specified by the competent
department of communications under the State Council and notify the
reporter and the maritime administration authority of the
decision.
Article 36 A port administration authority shall, in accordance
with law, conduct supervision and inspection of safe production in
the port and maintain patrol of key docks where masses of
passengers embark and disembark or relatively large quantities of
cargoes are loaded and unloaded, or which are used for special
purposes. If hidden dangers threatening safety are found during
inspection, it shall instruct the party under inspection to
eliminate, immediately or within a time limit, such dangers.
The department in charge of supervision of safe production and
other departments concerned shall, within the limits of their
respective duties, conduct supervision and inspection of safe
production in the port in accordance with the provisions of laws
and regulations.
Article 37 Aquaculture and planting in the water area of a port
is prohibited.
Excavation, demolition and other activities in a port area that
may threaten port safety are prohibited; but where such activities
are really needed for construction or other purposes, the necessary
protective measures for safety shall be taken and the activities
shall be reported to the port administration authority for
approval; and where, according to the provisions of the laws and
administrative regulations concerning waterway traffic safety,
approval by the maritime administration authority is required, such
activities shall, in addition, be reported to the said authority
for approval.
Dumping of soil and sand and stone into the water area of a port
and discharging of noxious and harmful substances in excess of the
specified norms in violation of laws and regulations concerning
environmental protection are prohibited.
Article 38 With respect to the construction of bridges,
submarine tunnels, hydropower stations and other projects that may
change the hydrologic conditions of a port, the department
responsible for examination and approval of such projects shall
consult with the port administration authority beforehand.
Article 39 With respect to vessels which need be piloted into or
out of a port in accordance with the laws and administrative
regulations concerning waterway traffic safety, an application for
pilotage shall be submitted to the pilotage authority. The specific
measures for pilotage shall be formulated by the competent
department of communications under the State Council.
Article 40 In conditions where passengers and cargoes are held
up so that the port is blockaded, the port administration authority
shall take effective measures in time to regulate the flow of
passengers and cargoes; and when it deems it necessary, the
people's government of the city or county where the port is located
may directly take measures to do so.
Article 41 The port administration authority shall take charge
of the formulation of the charter of the port under its
administration and make the charter known to the public.
The contents of the port charter shall include the descriptions
of the port's geographical position, fairway conditions, harbor
depth, mechanical equipment, cargo handling capacity, etc.,
together with the specific measures taken by this port for the
implementation of laws and regulations concerning port
administration and the relevant regulations of the competent
department of communications under the State Council.
Article 42 The port administration authority shall supervise and
inspect the implementation of this Law in compliance with its
duties.
When exercising supervision and inspection in accordance with
law, the supervisors or inspectors from the port administration
authority shall have the right to ask the unit under inspection and
the individuals concerned for relevant information and to look up
and duplicate relevant materials.
The supervisor or inspector shall keep confidential the business
secrecies learnt during inspection.
The supervisor or inspector shall produce his law-enforcement
papers when exercising supervision and inspection.
Article 43 The supervisor or inspector shall keep a written
record of the time, place and items of supervision and inspection,
the problems found, and the solutions thereof, and the record shall
be signed by the supervisor or inspector and the person in charge
of the unit under inspection. Where the person in charge of the
unit under inspection refuses to sign, the supervisor or inspector
shall put such refusal on record and report it to the port
administration authority.
Article 44 The unit under inspection and individuals concerned
shall accept the supervision and inspection conducted by the port
administration authority in accordance with law, truthfully provide
the relevant information and materials and shall not refuse to
accept inspection, conceal the relevant information and materials,
or provide false information and materials.
Chapter V
Legal Responsibilities
Article 45 Whoever commits one of the following acts shall be
instructed by the local people's government at or above the county
level or by the port administration authority to rectify within a
time limit; if he fails to do so at the expiration of the time
limit, the authority that makes the decision for rectification
within a time limit shall apply to the people's court for
compulsory demolishing of the facilities constructed in violation
of law; and a fine of not more than RMB 50,000 yuan may be imposed
on him:
(1) constructing a port, dock or other port facilities at
variance with port plans; or
(2) using port coastlines in the construction of port facilities
without obtaining approval in accordance with law.
Where the department in charge of examination and approval of
construction projects grants approval to the construction of a
project at variance with port plans, the persons directly in charge
and the other persons directly responsible shall be given
administrative sanctions in accordance with law.
Article 46 Whoever, without obtaining approval in accordance
with law, has places constructed in a port for handling dangerous
cargoes or special places constructed for sanitation and pest
elimination, or fails to keep the distance between the said places
and the densely-populated districts or the passenger transport
facilities in the port in conformity with the regulations of the
relevant departments under the State Council shall be instructed by
the port administration authority to stop their construction or use
and to rectify within a time limit and may be imposed a fine of not
more than 50,000 yuan.
Article 47 Whoever puts into use the handling facilities or
passenger transport facilities which are not checked and accepted
as qualified shall be instructed by the port administration
authority to stop their use and to rectify within a time limit and
may be imposed a fine of not more than 50,000 yuan.
Article 48 Whoever commits one of the following acts shall be
instructed by the port administration authority to stop the illegal
operation, and his illegal gains shall be confiscated; where the
illegal gains exceed 100,000 yuan, he shall, in addition, be fined
not less than two times but not more than five times the illegal
gains; and where the illegal gains are less than 100,000 yuan, he
shall be fined not less than 50,000 yuan but not more than 200,000
yuan :
(1) engaging in port operation without obtaining a port
operation permit in accordance with law;
(2) engaging in port tallying without obtaining permission in
accordance with law; or
(3) in the case of a port tallyman, concurrently engaging in
loading, unloading or storing cargoes.
For a person who commits the act specified in Sub-paragraph (3)
of the preceding paragraph, if the circumstances are serious, his
port tallying permit shall be revoked by the relevant competent
authority.
Article 49 Where a port operator does not give first priority to
the materials for use in emergency, materials for relief of
disasters and materials urgently needed for the buildup of national
defence, he shall be instructed by the port administration
authority to rectify; and if the consequences are serious, his port
operation permit shall be revoked by the authority.
Article 50 Where a port operator, in violation of the provisions
of relevant laws and administrative regulations, makes a monopoly
of the operation or conduct illegitimate competition, he shall bear
legal responsibility in accordance with the provisions of relevant
laws and administrative regulations.
Article 51 Where a port operator violates of the provisions in
Article 32 of this Law concerning safe production, he shall, in
accordance with law, be sanctioned by the port administration
authority or other departments charged with the duty of supervising
safe production in accordance with law; if the circumstances are
serious, the port administration authority shall revoke his port
operation permit and shall punish the principal leading member in
accordance with law; and if a crime is constituted, the offender
shall be investigated for criminal responsibility in accordance
with law.
Article 52 Where, before entering or leaving a port, a vessel
fails to report to the maritime administration authority in
accordance with the provisions in Article 34 of this Law, the said
authority shall impose a punishment according to the provisions in
the laws and administrative regulations concerning waterway traffic
safety.
Article 53 Whoever fails to report to and obtain approval from
the port administration authority in accordance with law before
loading, unloading and lightering dangerous cargoes in a port area
shall be instructed by the port administration authority to stop
the operation and shall be fined not less than 5,000 yuan but not
more than 50,000 yuan.
Article 54 Whoever engages in aquiculture or planting in the
water area of a port shall be instructed by the maritime
administration authority to rectify within a time limit; if he
fails to do so at the expiration of the time limit, the cultivation
and planting facilities shall be demolished compulsorily, and the
expenses thus entailed shall be borne by the law-breaker; and he
may be fined not more than 10,000 yuan.
Article 55 Whoever, without obtaining approval in accordance
with law, engages in excavation, demolition or other activities in
a port area that may threaten port safety, or dumps soil or sand
and stone into the water area of a port shall be instructed by the
port administration authority to stop the illegal acts and
eliminate, within a time limit, the hidden dangers that threaten
safety; if he fails to eliminate the hidden dangers at the
expiration of the time limit, the dangers shall be eliminated
compulsorily and the expenses thus entailed shall be borne by the
law-breaker; he shall be fined not less than 5,000 yuan but not
more than 50,000 yuan; where, according to the provisions in the
laws and administrative regulations concerning waterway traffic
safety, punishment shall be imposed by the maritime administration
authority, those provisions shall prevail; and if a crime is
constituted, the offender shall be investigated for criminal
responsibility in accordance with law.
Article 56 Where the competent department of communications, the
port administration authority or the maritime administration
authority fails to perform its duties in accordance with law and
commits one of the following acts, the persons directly in charge
and the other persons directly responsible shall be given
administrative sanctions in accordance with law; if a crime is
constituted, criminal responsibility shall be investigated in
accordance with law:
(1) in violation of law, approving the use of port coastlines
for the construction of port facilities, or approving construction
of places in port for handling dangerous cargoes or special places
for sanitation and pest elimination, or approving the entry or
departure of a vessel carrying dangerous cargoes, or approving the
loading, unloading or lightering of dangerous cargoes in port;
(2) granting permission for port operation or port tallying to
applicants who do not meet the statutory requirements;
(3) failing to revoke the permit obtained by a the port operator
or port tallyman immediately after discovering that he no longer
meets the statutory permission requirements; or
(4) failing to perform the duties of supervision and inspection
in accordance with law and failing to investigate and impose
punishment on the construction of ports, docks or other port
facilities at variance with port plans, on port operation or port
tallying engaged in without obtaining permission in accordance with
law, on failure to comply with the regulations concerning
administration of safe production, on acts threatening the safety
of port operation, and on other acts violating the provisions of
this Law.
Article 57 Where an administrative organ interferes with the
right of a port operator to make his own decisions for his
operation, it shall be instructed by the administrative organ at
the next higher level or a supervisory authority to rectify; where
such an organ collects money or things of value from among port
operators or collects fees from among them in violation of law, it
shall be instructed to return the same; and if the circumstances
are serious, the persons directly in charge and the other persons
directly responsible shall be given administrative sanctions in
accordance with law.
Chapter VI
Supplementary Provisions
Article 58 To open a port to vessels navigating along
international routes, the relevant people's government of the
province, autonomous region, or municipality directly under the
Central Government shall, in accordance with the relevant
regulations of the States, consult the relevant departments under
the State Council and the military authorities concerned and, after
obtaining their consent, submit the matter to the State Council for
approval.
Article 59 The competent fishery administration department of
the people's government at or above the county level shall be in
charge of the administration of fishery ports. The specific
measures in this regard shall be formulated by the State
Council.
As used in the preceding paragraph, fishery ports mean man-made
ports or natural harbors, including the special fishing harbors,
special water areas for fishery and special anchorages for fishing
boats in a multi-purpose port, which are specially in the service
of fishery production, for fishing boats to anchor, to take shelter
from the winds, to load and unload their catches and to replenish
the supply of the necessities for fishing.
Article 60 The measures for the construction and administration
of military ports shall be formulated by the State Council and the
Central Military Commission.
Article 61 This Law shall go into effect as of January 1,
2004
(Legislative Affairs Commission of the Standing
Committee of the National People's Congress)
