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TABLE OF CONTENTS CHAPTER I GENERAL RULES CHAPTER II OPENING AND CLOSING OF PORTS CHAPTER III PORT INSPECTIONS CHAPTER IV DIRECTION AND EXPEDITION OF TRANSPORT AT PORTS CHAPTER V ADMINISTRATION OF PORT AGENCY AND OTHER SERVICE INDUSTRIES CHAPTER VI LEGAL LIABILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL RULES Article 1. In order to safeguard the sovereignty and interests of the state, to strengthen the general administration of ports, to bring into full play the overall function of ports, to ensure the safety and smoothness of the ports and to promote the opening and economic development of Hainan Special Economic Zone, these Regulations have been enacted in accordance with the relevant laws and regulations of the state and in light of the actual situations of this Special Economic Zone. Article 2. The ports used in these Regulations refer to the sea ports, airports and stations, that are, upon the approval of the State Council or the people's government of the province, by which personnel, goods and vehicles enter and exit China. Ports are classified as first class ports and second class ports. First class ports are the ports set up upon the approval of the State Council; and second class ports are the ports set up upon the approval of the people's government of the province. Article 3. The port inspection offices and the entities and individuals engaging in the entry and exit activities at ports, such as transportation, foreign trade, port construction, ship agency, cargo agency, storage and transfer, notarization and appraisal, compensation claiming, loading and managing of goods, must observe these Regulations. Article 4. The people's government of the province shall establish the department of general port administration. The people's governments of the cities, counties and autonomous counties where the ports are located shall establish the departments of general port administration or designate the relevant departments and special personnel to take charge of the general port administration. The city government of the provincial capital shall not establish the department of general port administration, the administration work shall be subject to the provincial department of general port administration. Article 5. The duties of the department of general port administration: (1) Carrying out the laws and regulations of the state and this Province on port administration; (2) Formulating and organizing the implementation of the programming and planning on port opening under its jurisdiction, organizing the check before acceptance and examining the ports reported for opening or closing; (3) Jointly with the departments of programming and planning, formulating and organizing the implementation of new construction or expansion of port inspection infrastructures and the programming and planning on technical reconstruction; (4) Coordinating the opening of international air lines and temporary flights (including charter flights), assisting in the reporting for approval of the temporary entry and exit of vehicles of foreign nationalities at non-open ports. (5) In case of serious jam at ports, taking dispersion measures to restore the normal port order jointly with the relevant departments; (6) Being responsible for the administration of the container vehicles going directly to Hong Kong or Macao; (7) Supervising and urging the port inspection offices to, according to their respective duties, check, inspect, quarantine and supervise the entry and exit personnel, vehicles, goods, luggage and mails; (8) Settling or ruling the disputes arising between port offices that affect the normal function of the ports; (9) Organizing the port offices to educate their staff members on the policies, disciplines and laws involving foreign affairs and state security; (10) Punishing the entities and individuals that violate general port administration; and (11) Other matters designated by the people's government. Article 6. All port offices shall comply with the coordination, supervision and ruling of the departments of general port administration. CHAPTER II OPENING AND CLOSING OF PORTS Article 7. In the feasibility study and overall construction programming of new sea ports, docks, airports, container loading field (station) to be established at the ports and the expansion projects of old ports, the project managing entity must notify the department of general port administration to participate in the process. Article 8. The construction of port inspection infrastructures (referring to the houses for office and daily use and the accessory houses, excluding inspection facilities and equipment) shall be planned and constructed uniformly by the department of general port administration jointly with the departments of programming and planning, according to the principles of concentrated work place and convenience for the operators and consignors. The overall programming and construction planning of port inspection infrastructures shall be included in the overall programming and construction planning of the main projects of sea ports, airports, stations, etc. to be opened, and shall be constructed at the same pace as that of the main projects. Article 9. For the ports newly established with state investment, the construction fund for the port inspection infrastructures shall be resolved according to the relevant provisions of the state. For the ports newly established with non-state investment, the construction fund for the port inspection infrastructures shall be resolved by the entities that construct and operate the ports according to the principle that the parties making the investment, managing the port and benefiting from the port shall provide the fund. Article 10. The establishment of a port shall be reported for approval according to the following procedures: (1) For a first class port, the people's government of the city, county or autonomous county where the port is located shall apply to the people's government of the province, and after obtaining the consent, report to the State Council for approval; and (2) For a second class port, the people's government of the city, county or autonomous county where the port is located shall report to the people's government of the province for approval. Article 11. The following materials shall be attached to the application documents for the establishment of a port: (1) Feasibility study report on port opening; (2) Schemes on institutional organization and personnel arrangements of the port inspection offices; and (3) Reports on the programming, investment budget and fund sources of the construction of port inspection infrastructures. Article 12. A port must pass the check before acceptance conducted by the checking organ on its transport infrastructures, security facilities, communication facilities, port inspection infrastructures, and the institutional organization and personnel arrangements of the port inspection offices, and must get the approval of the authorities before it is officially opened to the outside world. A new established first class port shall be, after passing the preliminary examination conducted by the department of general port administration of the province, reported to the department of general port administration of the state for check before acceptance. For a newly opened second class port or the expansion project of a first class port, the special consignor docks, fishery docks, and ship repairing (manufacturing) plants that are located in open waters shall go through the check before acceptance conducted by the department of general port administration of the province. Article 13. The close of a port shall be reported by the original applying organ to the approving organ for examination and approval, under special circumstances, the approving organ may directly order close of the port. CHAPTER III PORT INSPECTIONS Article 14. The agencies sent to this Zone by the customs of the PRC, the frontier inspection offices of the PRC, the maritime offices of the PRC, the entry and exit inspection and quarantine offices of the PRC, and the ship inspection offices of the PRC (hereinafter respectively referred to the customs, frontier inspection, maritime, inspection and quarantine and ship inspection offices, with a joint name as the port inspection offices) shall, in accordance with law, inspect the personnel, goods, vehicles and luggage that enter and exit China through this Zone. Article 15. Port inspections shall be jointly carried out, namely the department of general port administration shall organize the port inspection offices to jointly process the inspection formalities for the entry and exit goods and vehicles. In the port channels and on the inspection spots, all the administrative charges (excluding the customs duties) levied upon the approval of the state and the province may be uniformly collected by the department of general port administration according to law, which shall return the charges to the relevant offices pursuant to the provisions. Article 16. The inspection and release of the ships on international voyage that enter and exit the ports of this Zone shall be processed pursuant to the relevant provisions of the state. Except for the circumstances provided for by the state in which inspection on board is a must, the maritime, frontier inspection, customs, inspection and quarantine offices shall not get on the board to make inspections. Article 17. For any ship on international voyage that is berthed at a port for no more than 24 hours, the formalities for entry and exit may be processed at the same time with the consent of the inspection offices. Article 18. With respect to the inspection of ships on international voyage that enter the non-open ports upon special permission of the relevant departments of the state, the maritime departments shall organize the relevant inspection offices to go to the spot for inspection. Article 19. Frontier inspection tables and customs worktables shall be set up in the passenger entry channels for the inspection of the certificates and luggage of the passengers. The inspection and quarantine offices shall set up worktables and signs in the passenger entry channels to be responsible for the inquiry and selective inspection of doubtful articles and personnel. The visa offices of public security shall set up workrooms in the passenger entry channels to process the visa matters upon landing. The examinations and inspections shall keep strict control, be civilized and highly efficient, and be convenient for entry and exit to ensure the safety and smoothness of the port passenger channels. Article 20. The inspection of the ships and passengers on international voyage coming to this Zone for tours may be processed on spot at the docks, and if it is necessary, the inspection may be processed on board when the ship is navigating from the anchorage to the dock. Article 21. The port inspection offices shall carry out goods inspections strictly in accordance with the relevant provisions of the state and the division of work. No repeated inspection or quarantine or repeated charges are allowed for one inspection or quarantine item of one piece of goods. Article 22. Where it is needed to take samples among the goods on a ship or in a storehouse (freight yard) at the port to be inspected or quarantined, the entry and exit inspection and quarantine office shall open the cabin (box) only once to take out the samples, and shall make the inspection and issue the certificate in a timely manner. Article 23. With respect to the export goods for which no inspection or quarantine is prescribed by laws and regulations of the state, if the importing country doesn't require inspection or quarantine, no inspection or quarantine shall be enforced; if the consignor needs inspection or quarantine, he shall apply to the relevant inspection office for it. Article 24. The inspection and quarantine offices shall manage the export goods on a classified basis, strengthen the supervision in the early stage, simplify the port inspection process, and provide convenience for the exports. Where the export goods have been inspected or quarantined at the producing area or at the dock or freight yard, no inspection or quarantine is required any more within the valid period, and the customs shall release them for exit by verifying the certificates. Article 25. Emphasis shall be put on the follow-up administration for the import equipment of major engineering projects, large amount of non-sensitive import commodities and import commodities of the enterprises with good reputation. The customs shall seal such goods before transporting them, and the relevant inspection offices shall inspect and release them upon their arrival at the destination. Article 26. Port inspection charges shall be collected strictly in accordance with the charging standards provided for by the price authorities of the state and the province, the charging items and standards shall be promulgated to the public and be subject to supervision. CHAPTER IV DIRECTION AND EXPEDITION OF TRANSPORT AT PORTS Article 27. Sea port enterprises shall, according to the principles of high efficiency, safety and smoothness, organize the loading and unloading of ships, and give priority to international tourist ships and fixed passenger or freight liners. Article 28. The enterprises or their agents that operate international passenger transportation shall, in the prescribed period, report to the department of general port administration and port inspection offices the time of start and arrival, the number of passengers and the load of freight of the entry flights, and shall notify the relevant offices in case of any alteration. The addition or stop of an entry or exit fight (including temporary charter flight) shall be reported to the department of general port administration for record 72 hours earlier. Article 29. In case of jam in a sea port, the sea port shall report to the department of general port administration in a timely manner, and the latter shall, jointly with the transportation authorities, promptly make the decision on dispersion which the relevant offices, operators and consignors must execute. CHAPTER V ADMINISTRATION OF PORT AGENCY AND OTHER SERVICE INDUSTRIES Article 30. Foreign and domestic operators and traveling traders may choose their legal agents by themselves, and the agents shall carry out agency on the basis of the valid certificates of authorization. Article 31. Those engaging in port agency and other services are under the protection of law, and no entity may illegally interfere with, harass or discriminate them. Article 32. The departments of general port administration shall, jointly with the relevant departments, supervise the organizations and personnel practicing port agency and other services, and punish the illegal operations. CHAPTER VI LEGAL LIABILITIES Article 33. If anyone, in violation of Article 6 of these Regulations, hamper the general port administration and causes bad social influence or economic losses, the department of general port administration may circulate a notice of criticism to the responsible entity or the directly responsible personnel, and may also suggest the entity the offender belongs to or the authorities at a higher level to give it administrative punishment; where a crime is constituted, the criminal responsibilities shall be investigated for. Article 34. If any port inspection personnel, in violation of the laws and regulations of the state and these Regulations, takes advantage of his powers to harass or extort the passengers or consignors, the department of general port administration shall give him a warning and circulate a notice of criticism, and may also suggest the entity he belongs to or the authorities at a higher level to give administrative punishment to the directly responsible personnel in charge and other directly responsible personnel pursuant to law; where a crime is constituted, the criminal responsibilities shall be investigated for. Article 35. If any port inspection office, in violation of the laws and regulations of the state and these Regulations, sets up charging items without authorization or charges additional or undue fees, the department of general port administration shall order it to return the illegal gains, and may also suggest the entity it belongs to or the authorities at a higher level to give administrative punishment to the directly responsible personnel in charge and other directly responsible personnel pursuant to law. Article 36. If anyone, in violation of Article 29 of these Regulations, refuses to execute the decision of the department of general port administration and thus seriously affects the normal function of the port, the department of general port administration shall give the offender a warning; where the circumstances are serious and resulted in economic losses, the offender must bear the liabilities for economic compensation, and be imposed on a fine of more than 30,000 yuan but less than 50,000 yuan. Article 37. If anyone violates Article 30, Article 31 of these Regulations or monopolizes port agency or other service industries by wrongful means, the department of general port administration shall give the offender a warning; where the circumstances are serious, the offender shall be imposed on a fine of more than 10,000 yuan but less than 30,000 yuan. Article 38. If the department of general port administration and any of its functionary neglect its duties, abuse its powers or seek private gains by deceitful means, where the circumstances are minor, the entity it belong to or the authorities at a higher level shall give the offender administrative punishment, where a crime is constituted, the criminal responsibilities shall be investigated for. Article 39. If any party refuses to accept the administrative punishment, it may, within 60 days from the day of receiving the decision on punishment, apply to the administrative organ at the next higher level of the organ that made the decision on punishment for reconsideration; if the party refuses to accept the decision of reconsideration, it may file an action with the people's court within 15 days from receiving the decision of reconsideration. The party may also directly file an action with the people's court. If the party has neither apply for reconsideration or file an action nor perform the decision on punishment within the prescribed period, the organ that made the decision on punishment may apply to the people's court for enforcement. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 40. Administration of the ports shall be carried out in the administrative area of Hainan Province other than Hainan Special Economic Zone in reference with these Regulations. Article 41. The people's government of the province may formulate the detailed rules for implementation according to these Regulations. Article 42. The power to interpret the specific issues of application of these Regulations shall remain with the people's government of the province. Article 43. These Regulations shall come into force as on July 1, 1997. |
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