Port Law of the People's Republic of China (Revised in 2015)

Port Law of the People's Republic of China (Revised in 2015)
Port Law of the People's Republic of China (Revised in 2015)

Order of the President of the People's Republic of China No.23

April 24, 2015

(Adopted at the 3rd Meeting of the Standing Committee of the 10th National People's Congress of the People's Republic of China on June 28, 2003, and amended according to the Decision on Revising Seven Laws including the Port Law of the People's Republic of China passed at the 14th Meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2015)

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 Liability
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 4 The State Council and the local people's governments at or above the county level concerned shall embody the requirements of port development and planning in their plans of national economic and social development, protect and make rational use of the port recourses in accordance with law.

Article 5 The State encourages economic organizations and individuals at home and abroad to invest in port construction and operation in accordance with law, and protects the legitimate rights and interests of the investors.

Article 6 The competent department of communications under the State Council shall be in charge of the administration of port affairs throughout the State.
The local people's governments shall, in accordance with the regulations on the system for port administration formulated by the State Council, decide on the administration of the port situated within their own administrative areas.
According to the port administration system decided on as prescribed in the preceding paragraph, for a port that comes under the administration of the people's government of the city or county where it is located, the said people's government shall assign a department to administer the port specifically; and for a port that comes under the administration of the people's government of a province, autonomous region, or municipality directly under the Central Government where it is located, the said people's government shall assign a department to administer the port specifically.
The departments assigned as per the provisions in the preceding paragraph to conduct specific port administration are hereinafter referred to as port administration authorities in general.

Chapter II Port Planning and Construction

Article 7 Port plans shall be drawn up in accordance with the requirements of national economic and social development and the needs of national defense, shall embody the principle of rational use of the coastline resources, shall comply with the plans for the network of cities and towns, and shall be connected and coordinated with the general plans for land use, general city plans, river basin plans, flood-control plans, marine function divisions, waterway transport development plans, development plans for other modes of transport and other relevant plans provided for by laws or administrative regulations.
In drawing up a port plan, specialists shall be invited to expound and prove it; and the effects on the environment shall be evaluated in accordance with law.

Article 8 Port plans include port layout plans and port general plans.
A port layout plan means the plan for the geographical distribution of ports, embracing the national port layout plan and the port layout plan of a province, autonomous region, or municipality directly under the Central Government.
A port general plan means the specific plan of one port for a given period of time, embracing the scope of water and land areas, division of the port area, handling capacity and types of calling vessels, the character and functions of the port, use of water and land areas, use of coastline for the construction of port facilities, allocation of land for construction, the order of construction phases, etc.
The port general plan shall conform to the port layout plan.

Article 9 The national port layout plan shall be drawn up by the competent department of communications under the State Council after consulting with the relevant departments under the State Council and the military authorities concerned and shall be promulgated for implementation upon approval by the State Council.
With respect to the port layout plan of a province, autonomous region, or municipality directly under the Central Government, the people's government of the province, autonomous region, or municipality directly under the Central Government shall make arrangements to draw it up on the basis of the national port layout plan and submit it to the competent department of communications under the State Council for comments and suggestions. If the said department puts forward no suggestions for revision within 30 days from the date it receives the plan submitted for its comments and suggestions, the port layout plan shall be promulgated for implementation by the people's government of the province, autonomous region, or municipality directly under the Central Government. If the competent department of communications under the State Council considers the plan not in conformity with the national port layout plan, it shall put forward its suggestions for revision within 30 days from the date it receives the plan. If the people's government of the relevant province, autonomous region, or municipality directly under the Central Government raises objections to the suggestions for revisions, it shall report to the State Council for decision.

Article 10 A port general plan shall be drawn up by the port administration authority after consulting with the relevant departments and the military authorities concerned.

Article 11 With respect to the general plan of a major port with an important geographical position, a relatively great handling capacity and a fairly wide-spread effect on the economic development, the competent department of communications under the State Council shall consult with the relevant departments under the State Council and the military authorities concerned, before it gives approval to the plan in conjunction with the people's government of the relevant province, autonomous region, or municipality directly under the Central Government and promulgates it for implementation.
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