Port Law of the People's Republic of China
Port Law of the People's Republic of China
Port Law of the People's Republic of China
Order of the President of the People's Republic of China [2003] No.5
June 28, 2003
The Port Law of the People's Republic of China, adopted at the 3rd Meeting of the Standing Committee of the 10th National People's Congress of the PRC on June 28, 2003 is hereby promulgated, which shall be implemented as of January 1, 2004.
Hu Jintao, President of the People's Republic of China
Attachment:Port Law of the People's Republic of China
Table of Contents
Chapter I General Provisions
Chapter II Port Planning and Construction
Chapter III Port Operation
Chapter IV Port Safety and Supervision
Chapter V Legal Responsibilities
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to strengthening port administration, maintaining port safety and operational order, protecting the legitimate rights and interests of the parties and promoting the construction and development of ports.
Article 2 This Law is applicable to the planning, construction, maintenance, operation and administration of ports and other relevant activities.
Article 3 As used in this Law, the term "port" means a region comprising certain water and land areas, having the functions for vessels to enter, leave, lie at anchor and moor, for passengers to embark and disembark, and for goods to be loaded, unloaded, lightered and stored, and being equipped with the necessary dock facilities.
A port may consist of one or more port areas.
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 the 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 places for sanitation and pest elimination 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 the 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 as 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 authority 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 for 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 in the first paragraph of Article 22 of this Law.
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