Provisions on the Administration of Port Operations (Revised in April, 2019)
Provisions on the Administration of Port Operations (Revised in April, 2019)
Provisions on the Administration of Port Operations (Revised in April, 2019)
Order of the Ministry of Transport of the People's Republic of China [2019] No.8
April 9, 2019
(Issued by the Ministry of Transport on November 6, 2009, amended for the first time pursuant to the Decision on Revising the Provisions on the Administration of Port Operations of the Ministry of Transport on December 23, 2014, amended for the second time pursuant to the Decision on Revising the Provisions on the Administration of Port Operations of the Ministry of Transport on April 19, 2016, amended for the third time pursuant to the Decision on Revising the Provisions on the Administration of Port Operations of the Ministry of Transport on July 31, 2018 and amended for the fourth time pursuant to the Decision of the Ministry of Transport on Revising the Provisions on the Administration of Port Operations)
Chapter I General Provisions
Article 1 For the purposes of regulating port operations and maintaining the order of port operations, the Provisions on the Administration of Port Operations (Revised in April, 2019) (the "Provisions") are hereby formulated in accordance with the Port Law of the People's Republic of China and other relevant laws and regulations.
Article 2 The Provisions shall be applicable to port operations and relevant activities.
Article 3 For the purposes of the Provisions, the terms shall be defined as follows:
1. "Port operations" refer to the activities of Port Operators providing port facilities or services for vessels, passengers, and goods within the port areas, mainly including the following:
(1) providing vessels with facilities such as docks, barge anchorages, and floats;
(2) providing facilities and services to passengers for waiting, embarking, and disembarking;
(3) conducting cargo loading and unloading (including barge offloading), storage, barge transport within port areas;
(4) providing services such as pushing and towing for vessels entering and leaving ports, docking and undocking, and changing berth; and
2. "Port Operators" refer to the organizations and individuals that have been licensed to conduct port operation activities.
3. "Operators Providing Port Tally Services" refer to organizations and individuals providing tally services such as goods counting and the inspection of surface conditions of goods for principals during delivery.
4. "Port facilities" refer to the buildings (structures) built and equipped for the purposes of port operations.
Article 4 The Ministry of Transport ("MOT") shall take charge of the administration of port operations nationwide.
The competent transport (port) departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the administration of port operations within their administrative regions.
The particular departments responsible for the administration of ports determined by the people's governments of the provinces, autonomous regions, and municipalities directly under the central government together with the district (in a districted city) or county people's governments in the locality of the ports shall be responsible for the administration of port operations concerned. The said departments shall be collectively referred to as the port administration departments.
Article 5 The state encourages port operations to be conducted by multiple Port Operators and Operators Providing Port Tally Services in a level play field. Port Operators and Operators Providing Port Tally Services shall not act monopolistically, and no organization or department shall implement regional or departmental protectionism in any form.
Chapter II Administration of Permits
Article 6 To engage in the port operations, an application shall be filed to obtain a permit for port operations.
Principles of fairness, impartiality, openness, and transparency shall be observed when granting permits for port operations. No fees shall be charged, and the supervision of society shall be accepted.
Article 7 The following requirements shall be met by a Port Operator engaging in port operations (except for tugboat operations at ports):
1. having a fixed place of business;
2. having port facilities and equipment that are in line with their scope of and scale of business, of which:
(1) the docks, passenger depots, warehouses, freight yards, storage tanks, facilities for sewage disposal, and other fixed facilities shall be in line with the comprehensive plan for ports, the requirements of laws and regulations, and relevant technical standards;
(2) where Port Operators provide services such as passenger embarking or disembarking, they shall have facilities for waiting, embarking, and disembarking that, as a minimum, offer protection from wind, rain, and snow, and equipping barrier-free facilities as per provisions;
(3) where a Port Operator provides docks, barge anchorages, floats, and other facilities, it shall have a corresponding capacity to collect wastes and pollutants from vessels and to the handle pollution emergency situations, including all the necessary facilities, equipment, and appliances;
3. having technical and management personnel consistent with the scale and scope of operation; and
4. having a sound operating management system, security management system and an emergency plan for work safety accidents, and the emergency plan has been examined and approved by experts, and lawfully setting up work safety management organization or assigning full-time security management personnel.
Article 8 The following requirements shall be met by a Port Operator providing port tugboat services:
1. having registered at the place where the port for operation is located and having legal personality;
2. having proprietary or rented berths for the docking of tugboats;
3. owning and operating at least two coastal tugboats if the operator conducts tugboat business at a coastal port; owning and operating at least one inland water tugboat if the operator conducts tugboat business at an inland port;
4. quantities of marine service and maintenance management personnel meeting requirements set out in the appendix hereto, and marine service and maintenance management personnel with the experience of working at a position not lower than chief mate or the first engineering and having provided tugboat services at the port for operation for not less than one year; and
5. having a perfect operating management system and a management system for security and pollution prevention in conformity with relevant provisions.
Article 9 A Port Operator operating during the period of pilot operation of port engineering shall meet the following conditions:
1.
......
Order of the Ministry of Transport of the People's Republic of China [2019] No.8
April 9, 2019
(Issued by the Ministry of Transport on November 6, 2009, amended for the first time pursuant to the Decision on Revising the Provisions on the Administration of Port Operations of the Ministry of Transport on December 23, 2014, amended for the second time pursuant to the Decision on Revising the Provisions on the Administration of Port Operations of the Ministry of Transport on April 19, 2016, amended for the third time pursuant to the Decision on Revising the Provisions on the Administration of Port Operations of the Ministry of Transport on July 31, 2018 and amended for the fourth time pursuant to the Decision of the Ministry of Transport on Revising the Provisions on the Administration of Port Operations)
Chapter I General Provisions
Article 1 For the purposes of regulating port operations and maintaining the order of port operations, the Provisions on the Administration of Port Operations (Revised in April, 2019) (the "Provisions") are hereby formulated in accordance with the Port Law of the People's Republic of China and other relevant laws and regulations.
Article 2 The Provisions shall be applicable to port operations and relevant activities.
Article 3 For the purposes of the Provisions, the terms shall be defined as follows:
1. "Port operations" refer to the activities of Port Operators providing port facilities or services for vessels, passengers, and goods within the port areas, mainly including the following:
(1) providing vessels with facilities such as docks, barge anchorages, and floats;
(2) providing facilities and services to passengers for waiting, embarking, and disembarking;
(3) conducting cargo loading and unloading (including barge offloading), storage, barge transport within port areas;
(4) providing services such as pushing and towing for vessels entering and leaving ports, docking and undocking, and changing berth; and
2. "Port Operators" refer to the organizations and individuals that have been licensed to conduct port operation activities.
3. "Operators Providing Port Tally Services" refer to organizations and individuals providing tally services such as goods counting and the inspection of surface conditions of goods for principals during delivery.
4. "Port facilities" refer to the buildings (structures) built and equipped for the purposes of port operations.
Article 4 The Ministry of Transport ("MOT") shall take charge of the administration of port operations nationwide.
The competent transport (port) departments of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the administration of port operations within their administrative regions.
The particular departments responsible for the administration of ports determined by the people's governments of the provinces, autonomous regions, and municipalities directly under the central government together with the district (in a districted city) or county people's governments in the locality of the ports shall be responsible for the administration of port operations concerned. The said departments shall be collectively referred to as the port administration departments.
Article 5 The state encourages port operations to be conducted by multiple Port Operators and Operators Providing Port Tally Services in a level play field. Port Operators and Operators Providing Port Tally Services shall not act monopolistically, and no organization or department shall implement regional or departmental protectionism in any form.
Chapter II Administration of Permits
Article 6 To engage in the port operations, an application shall be filed to obtain a permit for port operations.
Principles of fairness, impartiality, openness, and transparency shall be observed when granting permits for port operations. No fees shall be charged, and the supervision of society shall be accepted.
Article 7 The following requirements shall be met by a Port Operator engaging in port operations (except for tugboat operations at ports):
1. having a fixed place of business;
2. having port facilities and equipment that are in line with their scope of and scale of business, of which:
(1) the docks, passenger depots, warehouses, freight yards, storage tanks, facilities for sewage disposal, and other fixed facilities shall be in line with the comprehensive plan for ports, the requirements of laws and regulations, and relevant technical standards;
(2) where Port Operators provide services such as passenger embarking or disembarking, they shall have facilities for waiting, embarking, and disembarking that, as a minimum, offer protection from wind, rain, and snow, and equipping barrier-free facilities as per provisions;
(3) where a Port Operator provides docks, barge anchorages, floats, and other facilities, it shall have a corresponding capacity to collect wastes and pollutants from vessels and to the handle pollution emergency situations, including all the necessary facilities, equipment, and appliances;
3. having technical and management personnel consistent with the scale and scope of operation; and
4. having a sound operating management system, security management system and an emergency plan for work safety accidents, and the emergency plan has been examined and approved by experts, and lawfully setting up work safety management organization or assigning full-time security management personnel.
Article 8 The following requirements shall be met by a Port Operator providing port tugboat services:
1. having registered at the place where the port for operation is located and having legal personality;
2. having proprietary or rented berths for the docking of tugboats;
3. owning and operating at least two coastal tugboats if the operator conducts tugboat business at a coastal port; owning and operating at least one inland water tugboat if the operator conducts tugboat business at an inland port;
4. quantities of marine service and maintenance management personnel meeting requirements set out in the appendix hereto, and marine service and maintenance management personnel with the experience of working at a position not lower than chief mate or the first engineering and having provided tugboat services at the port for operation for not less than one year; and
5. having a perfect operating management system and a management system for security and pollution prevention in conformity with relevant provisions.
Article 9 A Port Operator operating during the period of pilot operation of port engineering shall meet the following conditions:
1.
......