Recently, the Ministry of Transport ("MOT") has issued the Administrative Provisions on the Safety of Dangerous Goods at Ports (Draft for Comment) (the "Draft for Comment") for public comments before November 23, 2016.
The Draft for Comment is comprised of eight chapters such as "construction project safety examination", which provides that for new construction, renovation and expansion of projects at ports used for storing, loading and uploading dangerous goods, construction entities shall entrust qualified safety evaluation agencies to assess the safety of construction projects concerned while making the feasibility studies, prepare the safety pre-evaluation reports which shall comply with the national and industrial standards and provisions on port construction. The Draft for Comment specifies that an operator shall satisfy the conditions on business permit as stipulated in the Administrative Provisions on Port Operation and is also required to meet another six conditions, such as "it has managerial personnel for loading and uploading with the legally obtained qualification certificate". Also, the Draft for Comment emphasizes that port administrative departments shall intensify the supervision and examination of operators' qualifications and order it to make rectification within certain time limit in case of any operator becoming disqualified; and may revoke its business permit if it fails to make required rectification within certain time limit.