水上安全监督管理体制改革实施方案 Implementation Plan on Reforming the Supervision and Management System of Safety on

(Proposed by Ministry of Communications on May 20th 1999, transmitted by the General Office of the State Council, GOSC File No. 54 [1999] on June 5th 1999)
颁布日期：19990605 　实施日期：19990605 　颁布单位：国务院办公厅

　　In accordance with the requirements for furthering administrative system reform and strengthening law enforcement and supervision authorities proposed by the Party's fifteenth national congress, in order to harmonize and perfect the supervision and management system of safety on water, enable the supervisory authorities of safety on water to perform more effectively their functions of supervising and managing safety on water, preventing vessel pollution, inspecting ship and marine facilities, and guaranteeing navigation, further meet the needs of developing socialist market economy, pursuant to the spirit in (Notice of the General Office of the State Council on Printing and Distributing Stipulations on the Functions, Internal Organs and Staff Number of the Ministry of Communications) (issued by GOSC File No. 67 [1998], hereinafter referred to as "GOSC file 67") and ( Notice of the General Office of the State Council on Well Conducting the Consolidation of Central and Local Supervision and Management Authorities of Safety on Water ) (GOSC Letter No. 48 [1998]), the implementation plan on reform in the supervision and management system of safety on water: is proposed as follows:

　　I. Guidelines

　　The reform in the supervision and management system of safety on water shall insist on the principle of "simplified, uniform and effective". Under a uniform leadership system, the work division between central and local authorities of relevant water area shall be clearly defined, and the method of "one water area, one supervisor; one harbor, one supervisor" shall be adopted. In the same water area, the same harbor or the same region, repetitive establishment of supervision and management authorities of safety on water is prohibited. By reform, among the supervision and management authorities, relationships shall be further harmonized, functions shall be clarified, policies, layouts and this work shall be unified. Gradually a new supervision and management system of safety on water which is suitable to the socialist market economy system, with division in duties, running well, standardizing in conduct, highly efficient in working and uniform in law enforcement, shall be set up.

　　II. Definition of water areas under central management

　　The GOSC file 67 provides that the supervisory work of safety on water in coastal sea (including islands) areas and harbors, opened water areas, and main internal river arteries crossing provinces, autonomous regions or municipalities directly under central authority (Yangtze river, Pearl river, and Heilongjiang river) and harbors (hereinafter referred to as "Water areas under central management") shall be uniformly led by the Ministry of Communications. To further define the division of work between central and local authorities in the supervision and management of safety on water, the water areas under central management are defined as follows:

　　(a) The coastal sea (including island) areas and harbors refer to the entire sea areas within state jurisdiction at the coastal areas (including island) of China, from the estuary of Yalu river of Liaoning province in the north to the estuary of Beilun river of Guangxi province in the south, and the water areas where all the wharves, loading and unloading areas and operation sites of coastal harbors being located (including the water area of first harbor at estuary of river joining the sea and the downstream water area thereof).

　　(b) The opened water areas refer to the opened coastal, internal river harbor water areas, and inland navigation water areas and the opened harbors where international vessel can navigate and reach. All of these water areas shall be approved in accordance w

ith relevant state stipulations.

　　(c) The main internal river arteries crossing provinces, autonomous regions or municipalities directly under central authority (Yangtze river, Pearl river, and Heilongjiang river) and harbors refer to the Yangtze artery water area and the estuary water areas of artery and tributary intersection and harbors from Yibin of Sichuan to Shanghai; Pearl river (West river) main artery water areas and the estuary water areas of artery and tributary intersection and harbors from Nanning of Guangxi and thereafter the West river artery, Liuzhou of Guangxi and thereafter the Liu river artery to the main estuaries in Guangdong; the water areas of Heilongjiang river artery and tributaries and harbors from Heishantou of Inner-Mongolia, Daan of Jilin and thereafter. The estuary water areas of artery and tributary intersection refer to the water areas where all the wharves, loading and unloading areas and operation sites of harbors have been set up at such intersection location; the water areas without harbors refer to the water areas of such intersection which are closely connected with the navigation order of artery.

　　The governments of provinces, autonomous regions and municipalities directly under central authority shall be responsible for the supervisory work of safety on water of internal rivers, lakes, reservoirs and others which are under central management (hereinafter referred to "other water areas").

　　III. Basic principles on authorities transfer and consolidation

　　(a) The Ministry of Communications shall set up a specialized authority to exercise the supervisory work of safety on water within water areas under central management. In order to ensure the continuity and consistency of the supervisory work of safety on water, and avoid repetitive establishment of authorities, according to the method of "one water area ,one supervisor" and "one harbor ,one supervisor", the local supervisory authorities of safety on water defined as performing supervisory duties of safety on water within water areas under central management shall all be transferred to central supervisory authorities of safety on water; if central supervisory authorities of safety on water have already existed in the region, the authorities shall be consolidated and then be led by the Ministry of Communications.

　　(b) Due to over dispersion or narrowness of any other water areas, the local people's government has difficulty in setting up supervision authority to manage, and the relevant people's government of province, autonomous region or municipality directly under central authority proposes the supervisory work of safety on water y of such water area be managed by the Ministry of Communications, both parties may decide this matter through consultation; if the Ministry of Communications intends to entrust relevant people's government of province, autonomous region or municipality directly under central authority to assume the management of the upstream reach or seasonal navigable reach of partial internal river arteries crossing provinces, autonomous regions or municipalities directly under central authority as well as harbors and other water areas under central management, both parties may also decide this matter through consultation.

　　(c) During the authorities transfer and consolidation, the personnel transfer must be carried out according to the registration record on June 18th 1998. In case of joint office with transportation management, waterway management and other authorities, the personnel engaging in supervisory activities of safety on water shall be transferred entirely in principle, and the general management personnel and the retiree shall be transferred according to the ratio of the personnel engaging in supervisory activities of safety on water to the total operating personnel.

　　(d) After the local supervisory authority of safety on water within water areas unde

r central management has been transferred to the management of the Ministry of Communications, its revenue from stipulated fees shall be transferred simultaneously to the management of the Ministry of Communications, and the detailed management measures shall be studied and formulated separately by the Ministry of Finance and the Ministry of Communications. After the reform, if the funds for operational expenses of the supervisory authority of safety on water under local management are affected, a part of the stipulated fees transferred may be refunded. The refund ratio and amount shall be determined by the Marine Bureau of the People's Republic of China (the Marine Bureau of the Ministry of Communications) in consultation with the Ministry of Finance, pursuant to the ratio of the amount of stipulated fees actually paid in 1998 by all transferred units of the province, autonomous region or municipality directly under central authority to the supervisory authority of safety on water under local management after the reform as opposed to the total revenue from stipulated fees of all transferred units. The method of such refund shall be studied and determined separately by the Ministry of Finance and the Ministry of Communications.

　　(e) The state-owned assets (including land, office building, employee dormitory and facility, equipment and vehicle for supervision and management) of the local supervisory authority of safety on water transferred to the management of Ministry of Communications shall be transferred on the basis of the audited final account in year 1998 without compensation. All debts and claims shall be transferred jointly. For authority by entire organizational transfer, the assets shall be transferred in entirety; for authority by partial transfer, the assets shall be determined pursuant to the ratio of the number of actually transferred

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