Provisions on the Administration of Port Operations (2019 Second Amendment)

Provisions on the Administration of Port Operations (2019 Second Amendment) Provisions on the Administration of Port Operations (Issued by the Ministry of Transport on November 6, 2009; amended for the first time in accordance with the Decision of the Ministry of Transport on Amending the Provisions on the Administration of Port Operations on December 23, 2014; amended for the second time in accordance with the Decision of the Ministry of Transport on Amending the Provisions on the Administration of Port Operations by the Order No. 43 [2016] of the Ministry of Transport on April 19, 2016; amended for the third time in accordance with the Decision of the Ministry of Transport to Amend the Provisions on the Administration of Port Operations on July 31, 2018; and amended for the fourth time in accordance with Decision of the Ministry of Transport to Amend the Provisions on the Administration of Port Operations on April 4, 2019; ad amended for the fifth time in accordance with the Decision of the Ministry of Transport to Amend the Provisions on the Administration of Port Operations on November 28, 2019.) Chapter I General Provisions Article 1 To regulate the operation of ports and maintain the operational order of ports, these Provisions are formulated in accordance with the Law of the People's Republic of China on Ports and other relevant laws and regulations. Article 2 These Provisions shall apply to the operation of ports and other relevant activities. Article 3 Definition of the terms used in these Provisions: 1. The term “operation of port” means the provision of port facilities or services by a port operator for vessels, passengers and goods within the port areas, which mainly includes the following items: (1) providing such facilities for vessels as wharfs, anchorage grounds for lightering, pontoons, etc.; (2) providing facilities and services for passengers to wait for the ship and to embark and disembark; (3) engaging in loading and unloading of goods (including lightering), storage, and lightering within a port area; (4) providing such services as jacking and towing of vessels so as to enter and exit ports, to dock or leave the wharf or to move or berth; 2. The term “port operator” refers to an organization or individual that has obtained the qualification for undertaking the operation of port. 3. A port tally business operator means an organization or an individual that provides tally services for the clients by checking the quantity of goods and inspecting the exterior of goods during the process of delivery of goods. 4. The term “port facilities” refers to the constructions or structures built and established for undertaking the operation of port. Article 4 The Ministry of Transport shall take charge of the administration of port operation of the whole country. The transport (port) administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall be responsible for the administration of port operation within its administrative region. The department for the specific administration of ports, which is determined by the people's government of a province, autonomous region or municipality directly under the Central Government, or the people's government of a city (prefecture) divided into districts or a county where a port is located, shall be responsible for the administration of port operations. The aforesaid departments mentioned in this paragraph shall be referred to as port administrative departments. Article 5 The state encourages the operation of a port by several operators under fair competition. No port operator or port tally business operator may conduct any monopolization. No organization or department may implement regional protection or departmental protection in any form. Chapter II Qualification Management Article 6 Whoever intends to undertake the business operations of a port shall apply for obtaining the Port Business Permit. The principles of fairness, impartiality, publicity and transparency shall be followed when granting a Port Business Permit. No fees shall be charged, and the granting of permits shall be subject to social supervision. Article 7 The following conditions shall be met for undertaking the business operations of a port (excluding the operation of port tugs): 1. having a fixed business site; 2. having the port facilities and equipment in match with its business scope and scale, of which, (1) The wharfs, passenger transport stations, warehouses, reserve oil tanks, facilities for sewage disposal, and other fixed facilities shall correspond with the overall planning of the port and the requirements of laws and regulations as well as the relevant technical standards; (2) Where the operators provide embarking or disembarking services for passengers, they shall have the facilities for waiting for ships and embarking or disembarking that can keep out wind, rain, and snow at a minimum, and be equipped with barrier-free facilities under relevant provisions; and (3) Where an operator is providing wharfs, anchorage ground for lightering, pontoons, and other facilities, it shall have the corresponding ability to receive vessel pollutants and wastes and the corresponding ability for the emergency handling of pollutants, including the necessary establishments, facilities, and equipment. 3. having the corresponding professional technicians and managers appropriate for its business scale and scope; and 4. having sound management rules for business operations, safety management rules and contingency plans for work safety accidents, and such contingency plans which have passed the expert review; and establishing work safety management institutions or being staffed with full-time safety management personnel according to the law. Article 8 Whoever engages in the operation of port tugs shall meet the following conditions: (1) It is registered at the location of the port where it applies for operating tugs and has obtained the qualification as an enterprise legal person; (2) It has self-owned berths or rented berths that can meet tugs' berthing requirements; (3) Where it engages in tug operation in a coastal port, it shall, at a minimum, own and operate two coastal tugs; or where it engages in tug operation in an inland river port, it shall, at a minimum, own and operate one inland river tug; (4) It has the management personnel of maritime and mechanical affairs in the quantity meeting the requirements of the Annex, and its management personnel of maritime and mechanical affairs have the qualifications and working experience as chief mates or second engineers at a minimum, and have engaged in tug services in the port where it applies for operating tugs for one year or more; (5) It has sound operation and management rules and the safety and pollution prevention management rules that comply with relevant provisions. Article 9 The following corresponding documents and materials shall be submitted when applying for undertaking the business operations of a port: 1. an application for the business operations of the port; 2. Certificate on passing the completion acceptance check of a project, which proves that the ports and wharfs, storage yards, oil reserve tanks, sewage disposal and other fixed facilities comply with the relevant provisions of the state; 3. Approval documents for the use of port coastlines where port coastlines are to be used; 4. Valid ship's certificates for tugs and relevant certification materials for berths if tug services are provided; 5. The relevant certification materials proving that it has established work safety management institutions or being staffed with work safety management personnel according to the law, and relevant certification materials on the management personnel of maritime and mechanical affairs if it engages in tug operation; and 6. other documents and materials proving that the requirements as prescribed in Article 7 have been met. to engage in the port tally business, the applicant shall provide the materials as prescribed in the aforesaid item (1), (4) and (5) and other documents and materials proving that the applicant meets the requirements as prescribed in Article 8. Article 10 When applying for operating a port, an applicant shall submit a written application and other relevant documents and materials as prescribed in paragraph 1 and 2 of Article 10 to the port administrative department. The port administrative department shall, within 30 working days from the date of accepting the application, make a decision on whether to grant a permit or not. If the applicant is qualified, the port administrative department shall issue a Port Business Permit, and publish it on the internet or newspaper. Where the applicant is unqualified, the port administrative department shall not give an administrative license, and shall notify the applicant in writing of the decision on not granting the permit and the reasons thereof. The Port Business Permit shall specify the port operator's name and business address, legal representative, operating items, operating area, main facilities and equipment, date of issuance of the Permit, as well as the valid period and number of the Permit. A Permit for the Business Operation of a Port shall be valid for three years. Article 11 The provincial competent department of trans......