Chongqing Port Regulations (2016)

Chapter 1 General Provisions Article 1 In order to maintain the safety and operating order of the port, accelerate the development of the port, and build a shipping center in the upper reaches of the Yangtze River, in accordance with the "Port Law of the People's Republic of China" and other laws and administrative regulations , this regulation is formulated based on the actual situation of this city. Article 2 These regulations shall apply to the planning, construction, maintenance, operation, management and related activities of this city’s ports. Article 3 The people's governments of cities, districts and counties (autonomous counties) shall incorporate port development into national economic and social development plans, improve policies and measures, and optimize port construction and operation mechanisms.

The municipal transportation department is responsible for the administrative management of the city’s ports, and the municipal port and shipping management agency is responsible for the specific management of the city’s ports.

The transportation authorities of districts and counties (autonomous counties) are responsible for the administrative management of ports within their respective administrative regions, and the port and shipping management agencies of districts and counties (autonomous counties) are responsible for the specific management of ports within their respective administrative regions.

Relevant administrative departments and maritime, waterway and other management agencies shall implement these Regulations in accordance with their respective responsibilities. Article 4 Domestic and foreign economic organizations or individuals are encouraged to invest in the construction and operation of ports in accordance with the law, and in accordance with the principle of "who invests, who benefits", the legitimate rights and interests of investors are protected in accordance with the law. Chapter 2 Port Planning and Construction Article 5 The port planning of this city includes the overall port planning and the detailed control planning of the port area.

Port planning should be prepared according to the requirements of national economic and social development and the needs of national defense construction, embodying the principles of moderate advancement, equal emphasis on development and protection, and rational utilization of coastline resources. Port planning should conform to the overall urban and rural planning and be connected with relevant special plans. Article 6: The city’s port overall plan shall be prepared, published and implemented by the city’s transportation department in accordance with the procedures prescribed by the state.

Modification of the port master plan shall be handled in accordance with the preparation procedures. Article 7 The detailed port area control plan of the hub port area shall be organized and compiled by the municipal transportation department, and shall solicit development and reform, water conservancy, land, Three Gorges Reservoir, environmental protection, planning, municipal and other departments at the same level and the local district and county (autonomous county) people's government Opinions shall be reported to the Municipal People's Government for approval and promulgation for implementation.

The regulatory detailed planning of other port areas shall be organized and compiled by the local transportation department, and after soliciting opinions from the development and reform, water conservancy, land, environmental protection, planning, municipal administration and other departments at the same level as well as the municipal transportation department, It shall be reported to the district and county (autonomous county) people's government for approval before being announced and implemented, and reported to the municipal people's government for record.

Modification of the port area’s regulatory detailed planning shall be handled in accordance with the preparation procedures. Article 8 Port construction shall comply with port planning.

Port construction projects should go through relevant approval procedures in accordance with relevant national regulations and comply with relevant national standards and technical specifications.

In the port planning area, no buildings, structures and other facilities that may affect the implementation of the port planning shall be constructed.

No new hazardous chemical terminals or port facilities shall be built within the main urban area.

City, district and county (autonomous county) transportation authorities should guide port operators to optimize port structures in accordance with port planning, improve port coastline utilization, and promote intensive port development. Article 9 For port facility construction projects approved at the municipal level, the municipal transportation department shall be responsible for its construction management in accordance with the national and municipal capital construction management regulations.

Port facility construction projects approved by districts and counties (autonomous counties) shall be in accordance with the national and municipal capital construction management regulations, and the district and county (autonomous county) transportation departments shall be responsible for their construction management.

The owner of a port facility construction project shall handle project quality supervision procedures in accordance with relevant national regulations. The port construction project quality supervision agency shall supervise and manage the quality of port facility construction projects in accordance with legal procedures and technical standards. Article 10 The approval department for a port facility construction project shall send a copy of the approved port facility construction matters to the relevant administrative department. Article 11 After the trial operation of a port facility construction project, if it meets the completion acceptance conditions specified by the state, it shall apply to the transportation department for completion acceptance. Among them, construction projects approved at the national and municipal levels shall be inspected and accepted by relevant departments organized by the municipal transportation department; construction projects approved by districts and counties (autonomous counties) shall be inspected and accepted by relevant departments organized by the district and county (autonomous county) transportation departments.

It shall not be put into use without inspection or acceptance. Chapter 3 Port Coastline Management Article 12 The use of port coastline shall comply with the port overall plan, port area control detailed planning and other requirements stipulated by the state, and a port coastline use permit shall be obtained in accordance with the following provisions:

(1) If an application is made to use the deep-water coastline of a port to build port facilities, the municipal transportation department shall, in accordance with national regulations, solicit opinions from the municipal development and reform department and the municipal Three Gorges Reservoir Management Department, and transfer the application within 20 working days from the date of acceptance. Submit to the transportation administrative department of the State Council for review and approval;

(2) If port facilities are built in planned waterways of level 4 or above and use the port's non-deep water coastline or use the port coastline for other purposes, the municipal port and shipping management agency A decision will be made within 20 working days from the date of acceptance and reported to the municipal transportation department for record;

(3) Building port facilities in planned waterways below level 4 or using the port coastline for other purposes , the transportation authority where the port coastline is located will make a decision within 20 working days from the date of acceptance, and report it to the municipal port and shipping management agency for filing. Article 13: The port coastline shall implement a time-limited use system in accordance with national regulations.