Provisions on Port Management (Second Amendment of 20 19)

Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Port Law of People's Republic of China (PRC) and other relevant laws and regulations in order to standardize the port operation and maintain the port operation order. Article 2 These Provisions shall apply to port operations and related activities. Article 3 The meanings of the following terms in these Provisions are:

(1) Port operation refers to the activities of port operators to provide port facilities or services for ships, passengers and goods in the port area, which mainly includes the following contents:

1. Provide wharf, barge anchorage, pontoon bridge and other facilities for ships;

2. Provide facilities and services for passengers to wait for and get on and off the ship;

3. Engaged in cargo handling (including lighterage), storage and lighterage in the port area;

4. Provide towing services for ships entering and leaving the port, berthing and berthing.

(2) The term "port operator" refers to organizations and individuals that have obtained business qualifications to engage in port business activities according to law.

(3) Operators of port tally business refer to organizations and individuals that provide tally services to customers and check the superficial conditions of goods during the delivery of goods.

(4) Port facilities refer to buildings (structures) built and set up for port operations. Article 4 The Ministry of Transport shall be in charge of the port operation and management throughout the country.

The transportation (port) departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the port operation and management within their respective administrative areas.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities (prefectures) and counties where the ports are located are responsible for the port operation and management. The departments mentioned in this paragraph are collectively referred to as port administrative departments. Article 5 The State encourages diversified operation and fair competition in port operations. Port operators and port tally business operators shall not engage in monopolistic behavior. No organization or department may implement regional protection and departmental protection in any form. Chapter II Qualification Management Article 6 Anyone who engages in port operation shall apply for a port operation license.

The implementation of port business license shall follow the principles of fairness, justice, openness and transparency, and shall not charge fees and accept social supervision. Article 7 To engage in port operations (except port tugboat operations), the following conditions shall be met:

(1) Having a fixed business place;

(2) Having port facilities and equipment suitable for its business scope and scale, among which:

1. Fixed facilities such as docks, passenger stations, storage yards, storage tanks and sewage treatment facilities shall meet the requirements of the overall port planning, laws and regulations and relevant technical standards;

2. To provide passengers with boarding and disembarking services, they should have at least waiting facilities and boarding and disembarking facilities that can shelter from wind, rain and snow, and be equipped with barrier-free facilities in accordance with relevant regulations;

3. To provide facilities such as wharves, lightering anchorages and buoys for ships, they shall have corresponding ship pollutants and wastes receiving capacity and corresponding pollution emergency treatment capacity, including necessary facilities, equipment and equipment;

(3) Having professional and technical personnel and management personnel suitable for the business scale and scope;

(four) a sound management system, safety management system and emergency plan for production safety accidents, and approved by experts; Set up a safety production management organization or equip full-time safety management personnel according to law. Article 8 To engage in tugboat operations in ports, the following conditions shall be met:

(1) It is registered at the port where it applies for operation and has the qualification of an enterprise legal person;

(2) Having its own berth or rented berth to meet the needs of tugboat berthing;

(3) Those who engage in tugboat business in coastal ports shall own and operate at least two coastal tugboats; Engaged in tugboat business in inland ports, it shall own and operate at least 1 inland tugboat;

(4) The number of maritime and maintenance management personnel meets the requirements of the annex, and the maritime and maintenance management personnel have the qualifications of not less than the first mate and the second engineer, and are engaged in tugboat service at the port where they apply for operation 1 year or more;

(five) a sound management system and a safety and pollution prevention management system that meets the requirements. Article 9 To apply for port operation, the following corresponding documents and materials shall be submitted:

(1) An application for port business;

(two) the completion acceptance certificate that the fixed facilities such as ports, yards, storage tanks and sewage treatment meet the relevant provisions of the state;

(three) the approval documents for the use of the port coastline;

(4) If tugboat service is provided, the valid certificate of tugboat and relevant certification materials for berthing;

(5) Relevant certification materials of establishing a safety production management organization or providing safety production management personnel according to law, and relevant certification materials of maritime and maintenance management personnel engaged in tugboat operations;

(six) other documents and materials to prove that it meets the conditions stipulated in Article 7.

Engaged in port tugboat business, it shall provide the materials specified in items (1), (4) and (5) above and other documents and materials that prove that it meets the conditions specified in Article 8. Article 10 To apply for port operation, the applicant shall submit a written application and the relevant documents and materials stipulated in Article 9 to the port administrative department. The port administrative department shall make a decision of approval or disapproval within 30 working days from the date of accepting the application. Those who meet the qualification conditions shall be issued a port operation license by the port administrative department and published through the information network or newspapers; Do not meet the conditions, no administrative license, and inform the applicant in writing of the decision and reasons for disapproval. The port business license shall specify the name and office address of the port operator, legal representative, business project, business area, main facilities and equipment, date of issuance, validity period of the license and certificate number.

The validity period of the port business license is 3 years.