China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	REPLY OF THE STATE COUNCIL CONCERNING THE ADMINISTRATION OF PORT OPENING

	(Letter No. 14 [2002] of the State Council promulgated on February 22, 2002)


SUBJECT : PORT OPENING
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 02/22/2002
IMPLEMENT DATE : 02/22/2002
LENGTH : 753 words
TEXT :

Regarding Request for Instruction on the Relevant Issues concerning the Administration of the Second-Category Ports of the whole Country after the Checking-up and Rectification (No. 466 [2001] of the General Administration of Customs), we hereby give our official reply as follows:

I. Some of the content of the Provisions of the State Council on Opening Ports (No. 113 [1985] of the State Council, hereinafter referred to "Provisions") is approved to be amended and improved as follows:

(1) Ports shall mean the harbors, airports, stations, trans-territorial passageways, etc. for the persons, goods, articles and means of transportation to directly enter and depart from the territory (customs boundary, boarder).

(2) The opening and closure of a port shall be examined and approved by the State Council after the people's government of the province (autonomous region, or municipality directly under the Central Government) where it is located has consulted with the relevant military area command, and the relevant materials concerning the opening and closure of a port shall meanwhile be copied and submitted to the General Administration of Customs, the Headquarters of the General Staff and the relevant competent department. The passageways for frontier inhabitants and the loading places for vessels of Chinese nationality carrying sands and gravels to enter and depart from the territory (customs boundary, boarder), etc., shall be examined and approved upon the consent of the people's government of the province (autonomous region, municipality directly under the Central Government) after its consultation with the inspection entity at the prefecture or department level, and the relevant materials concerning the passageways and loading places shall be copied and submitted to the General Administration of Customs for record. The specific measures shall be formulated by the General Administration of Customs upon consultation with the relevant department.

(3) The ports may be divided into first-category ports and second-category ports according to the extent of opening. The first-category ports shall mean the ports for sea (river), land or air transportation of passengers and goods that permit the persons, goods, articles and means of transportation of either Chinese nationality or foreign nationalities to directly enter or depart from the territory (customs boundary, boarder) (unless otherwise provided for by the state); while the second-category ports shall mean the ports for sea (river), land or air transportation of passengers and goods that only permit persons, goods, articles and means of transportation of Chinese nationality to directly enter or depart from the territory (customs boundary, boarder), as well as the railway stations, boundary river harbors and trans-territorial highroad passageways that only permit persons, goods, articles and means of transportation from the home country and the adjacent country to directly enter or depart from the territory (customs boundary, boarder).

II. It is approved that the original second-category ports reserved from the checking-up and rectification shall be, under different circumstances, dealt with pursuant to the following principles:

(1) Those with good economic returns, reasonable distribution, and being able to be effectively supervised, shall be included in the development planning of the state on ports, and be submitted to the State Council by stages and in groups for examination and approval;

(2) Those with certain economic returns, near the original first-category ports, and being able to be effectively supervised, shall be submitted by the people's government of the province (autonomous region, municipality directly under the Central Government) where they are located to the State Council for approval and then be included in the original first-category ports;

(3) Those with certain economic returns but not serving the transport of goods all the year round, shall be opened as temporary ports, and be submitted for approval according to the procedures for approval of temporary ports;

(4) Those with ill economic returns, unreasonable distribution, and difficult to be effectively supervised, shall be gradually closed;

(5) As for the original second-category inland railway and highroad ports which are approved by some provinces (autonomous regions, municipalities directly under the Central Government) in excess of the scope of the "Provisions", they shall no longer be included in the scope of port administration, but shall all operate as the follow-up supervision and inspection places after the opening of the ports, and shall be approved by the General Administration of Customs upon consultation with the State Bureau of Quality Supervision, Inspection and Quarantine; in case the number of persons are necessary to be increased in the inspection entity, it shall be submitted by the people's government of the province (autonomous region, municipality directly under the Central Government) to the State Council for approval.