Port Law of the peoples Republic of China 中华人民共和国港口法

stration 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 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 plans for sanitation and pest 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 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 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 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 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 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 w

ith quick and convenient services and keep a good environment for them when waiting to board 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 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.

　　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 port services he provides.

　　Article 30 The port administration authorities shall in accordance with the provisions in 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 apportion charges among the port operators or collect fees from them in violation of laws， or illegally interfere with 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 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 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 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 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 regulati

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