Key projects of wharf management

(Adopted at the Third Session of the Standing Committee of the Tenth NPC on June 28th, 2003)

catalogue

Chapter I General Principles

Chapter II Port Planning and Construction

Chapter III Port Management

Chapter IV Port Safety and Supervision and Administration

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Principles

Article 1 This Law is formulated with a view to strengthening port management, maintaining port safety and operating order, protecting the legitimate rights and interests of the parties concerned and promoting the construction and development of ports.

Article 2 This Law is applicable to the planning, construction, maintenance, operation and management of ports and related activities.

Article 3 The term "port" as mentioned in this Law refers to an area consisting of a certain range of waters and land areas, which has the functions of ships entering and leaving, berthing and berthing, passengers getting on and off, cargo loading and unloading, lightering and warehousing. , and there are corresponding dock facilities.

A port can be composed of one or more port areas.

Article 4 the State Council and the relevant local people's governments at or above the county level shall incorporate the requirements of port development and planning into their national economic and social development plans, and protect and rationally utilize port resources according to law.

Article 5 The State encourages domestic and foreign economic organizations and individuals to invest in the construction and operation of ports according to law, and protects the legitimate rights and interests of investors.

Sixth the State Council traffic administrative departments in charge of the national port work.

The management of ports within their respective administrative areas by local people's governments shall be determined in accordance with the State Council's regulations on port management system.

According to the port management system stipulated in the preceding paragraph, the port managed by the people's government of the city or county where the port is located shall be designated by the people's government of the city or county to implement port administration; Ports managed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to implement port administration.

The departments that specifically implement port management as determined in the preceding paragraph are hereinafter collectively referred to as port administrative departments.

Chapter II Port Planning and Construction

Article 7 Port planning shall be compiled according to the requirements of national economic and social development and the needs of national defense construction, embody the principle of rational utilization of shoreline resources, conform to the urban system planning, and be connected and coordinated with the overall land use planning, overall urban planning, river basin planning, flood control planning, marine functional zoning, waterway traffic development planning and other transportation development planning, as well as other relevant plans stipulated by laws and administrative regulations.

The preparation of port planning shall organize expert argumentation and conduct environmental impact assessment according to law.

Article 8 Port planning includes port layout planning and overall port planning.

Port layout planning refers to port layout planning, including national port layout planning and port layout planning of provinces, autonomous regions and municipalities directly under the central government.

Port master plan refers to the specific planning of the port in a certain period of time, including the land and water scope of the port, the division of the port area, the throughput and the ship type arriving at the port, the nature and function of the port, the land and water use, the use of port facilities, the allocation of construction land and the order of phased construction.

The overall port planning shall conform to the port layout planning.

Article 9 The national port layout plan shall be compiled by the transportation department of the State Council in consultation with the relevant departments of the State Council and relevant military organs, and shall be promulgated and implemented after being approved by the State Council.

The port layout planning of provinces, autonomous regions and municipalities directly under the Central Government shall be organized and compiled by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the national port layout planning, and sent to the transportation authorities in the State Council for comments. If the competent transportation department of the State Council has not made any amendment within 30 days from the date of receiving the materials for soliciting opinions, the port layout plan shall be promulgated and implemented by the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government; The competent department of transportation in the State Council believes that it does not conform to the national port layout plan, and shall propose amendments within 30 days from the date of receiving the materials for soliciting opinions; If the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government have objections to the amendments, they shall report to the State Council for decision.

Article 10 The overall port planning shall be worked out by the port administrative department in consultation with relevant departments and military organs.

Article 11 The overall planning of major ports with important geographical location, large throughput and wide influence on economic development shall be approved by the competent department of transportation of the State Council in conjunction with the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government after consulting the relevant departments of the State Council and relevant military organs, and promulgated for implementation. The list of major ports shall be determined and published by the transportation department of the State Council in consultation with the relevant departments of the State Council.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, after soliciting the opinions of the transportation authorities in the State Council, determine the important ports in this region. The overall planning of important ports shall be approved, promulgated and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government after consulting the transportation departments of the State Council.

The overall planning of ports other than those specified in the preceding two paragraphs shall be promulgated and implemented after being approved by the people's governments of the cities and counties where the ports are located, and shall be reported to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for the record.

The overall port planning within the scope specified in the first and second paragraphs of this article compiled by the port administrative department of the people's government of the city or county shall be examined and approved by the people's government at the corresponding level before being submitted for examination and approval.

Twelfth port planning changes, in accordance with the port planning procedures.

Thirteenth in the overall planning of the port area, the construction of port facilities and the use of deep-water port coastline shall be approved by the the State Council Municipal Transportation Department in conjunction with the comprehensive macro-control department of the State Council; The construction of port facilities and the use of non-deep water coastline shall be approved by the port administrative department. However, the port coastline is used for projects approved by the comprehensive macro-control department of the State Council or the State Council, and the approval procedures for the use of the port coastline will not be handled separately.

Port deepwater coastline standards shall be formulated by the transportation department of the State Council.

Article 14 Port construction shall conform to the port planning. Shall not violate the port planning and construction of port facilities.

Fifteenth port construction projects that must be approved by the relevant competent departments in accordance with the provisions of the state shall go through the examination and approval procedures in accordance with the relevant provisions of the state and conform to the relevant national standards and technical specifications.

Port project construction shall be subject to environmental impact assessment according to law.

Safety facilities and environmental protection facilities of port construction projects must be designed, constructed and put into use simultaneously with the main project.

Article 16 The use of land and water for port construction shall be handled in accordance with the provisions of laws and administrative regulations such as land management, sea area use management, river course management, waterway management, protection and management of military facilities and other relevant laws and administrative regulations.

Article 17 The workplaces for dangerous goods in ports and special places for sanitary disinfection and disinfestation treatment shall meet the requirements of the overall planning of ports and national production safety, fire protection, inspection and quarantine, and environmental protection, and the distance between them and densely populated areas and port passenger transport facilities shall conform to the provisions of relevant departments in the State Council; Construction can only be started after the relevant procedures are handled according to law and approved by the port administrative department.

Eighteenth navigation facilities and other auxiliary facilities, should be synchronized with the port construction, and ensure that put into use on schedule.

The construction of office facilities of the relevant port administrative agencies shall conform to the overall planning of the port, and the construction costs shall not be shared with the port operators.

Nineteenth port facilities construction projects, after completion, should be in accordance with the relevant provisions of the state acceptance, can be put into use.

The ownership of port facilities shall be determined in accordance with relevant laws and regulations.

Article 20 The relevant people's governments at or above the county level shall ensure the capital investment required for the construction and maintenance of port waterways, breakwaters, anchorages and other infrastructure. Specific measures shall be formulated by the State Council.

Twenty-first people's governments at or above the county level shall take measures to organize the construction of waterway, railway, highway, water supply and drainage, power supply, communication and other facilities matching the port.

Chapter III Port Management

Article 22 Whoever engages in port operation shall submit a written application to the port administrative department, obtain a port operation license, and go through industrial and commercial registration according to law.

The port administrative department shall follow the principles of openness, justice and fairness in implementing the port business license.

Port operation includes the operation of docks and other port facilities, the operation of port passenger service, the operation of cargo handling, lightering and warehousing, and the operation of port tugboats in the port area.

Twenty-third to obtain a port business license, there should be a fixed business place, facilities, equipment, professional and technical personnel and management personnel suitable for business operations, and other conditions stipulated by laws and regulations should be met.

Article 24 The port administrative department shall, within 30 days from the date of receiving the written application specified in the first paragraph of Article 22 of this Law, make a decision on whether to grant or not to grant permission according to law. If permission is granted, a port operation license shall be issued; If the license is not granted, it shall notify the applicant in writing and inform the reasons.

Twenty-fifth port tally business, shall obtain a license in accordance with the provisions. The implementation of port tally business license shall follow the principles of openness, justice and fairness. The specific measures shall be formulated by the the State Council Municipal Department of Transportation.

Port tally business operators shall handle tally business fairly and accurately; Shall not concurrently engage in the cargo handling business and warehousing business as stipulated in the third paragraph of Article 22 of this Law.

Twenty-sixth port operators engaged in business activities, must abide by the relevant laws and regulations, abide by the provisions of the the State Council Municipal Bureau of Transportation on port management rules, fulfill the obligations stipulated in the contract according to law, and provide fair and good services to customers.

Operators engaged in port passenger transport services shall take effective measures to ensure the safety of passengers, provide fast and convenient services for passengers, and maintain a good waiting environment.

Port operators shall take effective measures to prevent and control environmental pollution and harm in accordance with the provisions of environmental protection laws and regulations.

Twenty-seventh port operators should give priority to the management of emergency materials, disaster relief materials and materials urgently needed for national defense construction.

Twenty-eighth port operators shall announce the charging items and charging standards for business services at their business premises; If it is not published, it shall not be implemented.

If the port operating charges are subject to government guidance or government pricing according to law, the port operator shall implement them in accordance with the provisions.

Article 29 The State encourages and protects fair competition in port operations.

Port operators shall not engage in monopolistic behavior and unfair competition, and shall not force others to accept the port services provided by them in any way.

Article 30 A port operator shall truthfully provide the statistical data required by the port administrative department in accordance with the Statistics Law of the People's Republic of China and relevant administrative regulations.

The port administrative department shall, in accordance with the relevant provisions of the state, timely report the statistical data submitted by the port operators and keep business secrets for the port operators.

Article 31 The legitimate rights and interests of port operators are protected by law. No unit or individual may apportion or illegally collect fees from port operators, and may not illegally interfere with the operational autonomy of port operators.

Chapter IV Port Safety and Supervision and Administration

Article 32 A port operator must strengthen the management of production safety, establish and improve the responsibility system for production safety and other rules and regulations, improve the conditions for production safety and take effective measures to ensure production safety in accordance with the Law of People's Republic of China (PRC) on Production Safety and other relevant laws and regulations, as well as the provisions of the State Council Municipal Transportation Bureau on port safety operation procedures.

Port operators shall formulate emergency plans for accidents involving dangerous goods, emergency evacuation and rescue plans for passengers in major production safety accidents and plans for preventing natural disasters according to law, and ensure their implementation.

Article 33 The port administrative department shall, according to law, formulate emergency plans for dangerous goods accidents in ports, emergency evacuation and rescue plans for passengers in major production safety accidents and plans for preventing natural disasters, and establish and improve the emergency rescue system for major production safety accidents in ports.

Thirty-fourth ships entering and leaving the port shall report to the maritime administrative agency in accordance with the provisions of laws and administrative regulations on water traffic safety. After receiving the report, the maritime administrative agency shall promptly notify the port administrative department.

When a ship carries dangerous goods into or out of a port, it shall report the name, characteristics, packaging and time of entry and exit of the dangerous goods to the maritime administrative agency in accordance with the provisions of the transportation department of the State Council. The maritime administrative agency shall, after receiving the report, make a decision on whether to approve it within the time specified by the traffic administrative department of the State Council, notify the reporter and notify the port administrative department. However, ships that have booked ships, booked routes and booked orders can report regularly.

Thirty-fifth in the port of dangerous goods loading and unloading, lightering operations, should be in accordance with the provisions of the the State Council Municipal Department of transportation, the name, characteristics, packaging and operation time and place of dangerous goods to the port administrative department. After receiving the report, the port administrative department shall make a decision on whether to agree or not within the time specified by the the State Council traffic administrative department, notify the reporter and notify the maritime administrative agency.

Thirty-sixth port administrative departments shall supervise and inspect the port safety production according to law, focusing on the inspection of terminals with concentrated passengers, large cargo throughput or special purposes; If potential safety hazards are found in the inspection, the inspected person shall be ordered to eliminate them immediately or within a time limit.

Departments responsible for the supervision and administration of production safety and other relevant departments shall, in accordance with the provisions of laws and regulations, conduct supervision and inspection of port production safety within the scope of their respective duties.

Article 37 It is forbidden to engage in aquaculture and planting activities in port waters.

Mining, blasting and other activities that may endanger the safety of the port shall not be carried out in the port; If it is really necessary for engineering construction, corresponding safety protection measures must be taken and reported to the port administrative department for approval; In accordance with the provisions of laws and administrative regulations on water traffic safety, it shall be approved by the maritime administrative agency, and shall also be reported to the maritime administrative agency for approval.

It is prohibited to dump silt, sand and gravel into port waters in violation of environmental protection laws and regulations, and discharge toxic and harmful substances exceeding the prescribed standards.

Thirty-eighth construction of bridges, underwater tunnels, hydropower stations and other engineering projects that may affect the change of port hydrological conditions, the department responsible for the examination and approval of the project should seek the opinions of the port administrative department before examination and approval.

Thirty-ninth in accordance with the provisions of laws and administrative regulations on water traffic safety, ships that need pilotage shall apply to pilotage agencies for pilotage when entering or leaving the port. Specific measures for pilotage shall be formulated by the traffic administrative department of the State Council.

Fortieth, in case of stranded passengers and overstocked goods blocking the port, the port administrative department shall take effective measures to dredge the port in time; When the people's government of the city or county where the port is located deems it necessary, it may directly take measures to dredge the port.

Forty-first port administrative departments shall organize the formulation of the articles of association of the ports under their management and publicize them to the public.

The contents of the port's articles of association shall include a description of the port's geographical location, channel conditions, water depth of the harbor basin, mechanical facilities and loading and unloading capacity, as well as specific measures for the port to implement the laws and regulations on port management and the relevant provisions of the the State Council Municipal Department of Transportation.

Article 42 The port administrative department shall supervise and inspect the implementation of this Law in accordance with its duties.

The supervision and inspection personnel of the port administrative department shall have the right to know the relevant information from the inspected units and relevant personnel when carrying out supervision and inspection according to law, and may consult and copy the relevant information.

Supervisors and inspectors shall keep confidential the business secrets they know during the inspection.

When carrying out supervision and inspection, the supervision and inspection personnel shall produce their law enforcement certificates.

Forty-third supervision and inspection personnel shall make a written record of the time, place, content, problems found and handling of supervision and inspection, and shall be signed by the supervision and inspection personnel and the person in charge of the inspected unit; If the person in charge of the inspected unit refuses to sign, the supervision and inspection personnel shall record the situation and report to the port administrative department.

Article 44 The inspected unit and relevant personnel shall accept the supervision and inspection carried out by the port administrative department according to law, provide relevant information and materials truthfully, and shall not refuse to inspect or conceal or lie about relevant information and materials.

Chapter V Legal Liability

Forty-fifth any of the following acts shall be ordered by the local people's government at or above the county level or the port administrative department to make corrections within a time limit; If no correction is made within the time limit, the organ that has made the decision within a time limit shall apply to the people's court for compulsory removal of illegal construction facilities; Can be fined fifty thousand yuan:

(a) the construction of ports, docks or other port facilities in violation of port planning;

(two) without the approval of the law, the construction of port facilities to use the port coastline.

If the construction project examination and approval department approves a construction project that violates the port planning, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Article 46 If a dangerous goods workplace or a special place for sanitary disinfection and disinfestation treatment is built in a port without legal approval, or if the distance between the built dangerous goods workplace or the special place for sanitary disinfection and disinfestation treatment and the densely populated area or the port passenger transport facilities does not meet the requirements of the relevant departments in the State Council, the port administrative department shall order it to stop construction or use, make corrections within a time limit, and may concurrently impose a fine of less than 50,000 yuan.

Article 47 If docks, port loading and unloading facilities and passenger transport facilities are put into use without acceptance, the port administrative department shall order them to stop using them, make corrections within a time limit and may impose a fine of less than 50,000 yuan.

Article 48 In case of any of the following acts, the port administrative department shall order it to stop its illegal operation and confiscate its illegal income; If the illegal income is more than 100,000 yuan, a fine of more than one time and less than five times the illegal income shall be imposed; If the illegal income is less than one hundred thousand yuan, a fine of fifty thousand yuan and two hundred thousand yuan shall be imposed:

(1) Engaging in port operation without obtaining a port operation license according to law;

(two) operating the port tally business without legal permission;

(3) Operators of port tally business concurrently engage in cargo handling business and warehousing business.

In case of any act mentioned in Item (3) of the preceding paragraph, if the circumstances are serious, the relevant competent department shall revoke the port tally business license.

Forty-ninth port operators do not give priority to emergency supplies, disaster relief supplies and materials urgently needed for national defense construction, and the port administrative department shall order them to make corrections; If serious consequences are caused, the port business license shall be revoked.

Article 50 If a port operator violates the provisions of relevant laws and administrative regulations and conducts monopolistic behavior or unfair competition in business activities, he shall bear legal responsibilities in accordance with the provisions of relevant laws and administrative regulations.

Article 51 If a port operator violates the provisions of Article 32 of this Law on safety in production, the port administrative department or other departments responsible for the supervision and administration of safety in production shall be punished according to law; If the circumstances are serious, the port administrative department shall revoke the port business license, and the principal responsible person shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 52 If a ship fails to report to the maritime administrative agency in accordance with the provisions of Article 34 of this Law, it shall be punished by the maritime administrative agency in accordance with the provisions of laws and administrative regulations on water traffic safety.

Article 53 Where dangerous goods are loaded, unloaded or barged in a port without reporting to the port administrative department and obtaining its consent, the port administrative department shall order it to stop its operation and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Article 54 Those who engage in aquaculture and planting activities in port waters shall be ordered by the maritime administrative agency to make corrections within a time limit; If no correction is made within the time limit, the breeding and planting facilities shall be forcibly removed, and the removal expenses shall be borne by the violator; Can be fined 1 10,000 yuan.

Article 55. Without legal approval, if excavation and blasting activities that may endanger the safety of the port are carried out in the port, and mud and sand are dumped into the port waters, the port administrative department shall order it to stop the illegal act and eliminate the potential safety hazards within a time limit; If it is not eliminated within the time limit, it will be forcibly eliminated, and the expenses arising therefrom will be borne by the violator; A fine of not less than 5,000 yuan but not more than 50,000 yuan; In accordance with the provisions of laws and administrative regulations on water traffic safety, if it is punished by the maritime administrative agency, its provisions shall prevail; If a crime is constituted, criminal responsibility shall be investigated according to law.

Fifty-sixth transportation departments, port administrative departments, maritime administrative agencies, etc. Do not perform their duties according to law, one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Illegally approving the construction of port facilities to use the port coastline, the construction of a port operation place for dangerous goods or a special place for sanitation and disinfection, the illegal approval of ships carrying dangerous goods in and out of the port, or the illegal approval of loading, unloading and lightering of dangerous goods in the port;

(2) granting a port operation license or a port tally operation license to an applicant who does not meet the statutory requirements;

(3) Failing to revoke the license in time when it is found that the port operator or the port tally business operator who has obtained the business license no longer meets the statutory licensing conditions;

(4) Failing to perform the duties of supervision and inspection according to law, failing to investigate and deal with violations of port planning and the construction of ports, docks or other port facilities according to law, engaging in port operation and port tally business without legal permission, failing to observe the provisions on the administration of production safety, endangering the safety of port operation and other acts in violation of the provisions of this Law.

Fifty-seventh administrative organs illegally interfere with the operational autonomy of port operators, and their superior administrative organs or supervisory organs shall order them to make corrections; Those who apportion property or illegally collect fees from port operators shall be ordered to return them; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Chapter VI Supplementary Provisions

Article 58 Ports open to ships sailing internationally shall be submitted to the State Council for approval by the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government in accordance with the relevant provisions of the state and after consultation with the relevant departments of the State Council and the relevant military organs.

Article 59 The fishery administrative department of the people's government at or above the county level shall be responsible for the management of fishing ports. Specific management measures shall be formulated by the State Council.

The fishing port mentioned in the preceding paragraph refers to an artificial port or natural harbor that serves fishery production, provides shelter for fishing boats, loads and unloads catches, and supplements materials needed for fishing, including special fishing docks, special fishing waters and special anchorages for fishing boats in comprehensive ports.

Article 60 Measures for the construction and management of military ports shall be formulated by the State Council and the Central Military Commission (CMC).

Article 61 This Law shall come into force as of June 5, 2004.

Engaged in port tally business, shall obtain a license in accordance with the provisions. The implementation of port tally business license shall follow the principles of openness, justice and fairness. The specific measures shall be formulated by the the State Council Municipal Department of Transportation.

Port tally business operators shall handle tally business fairly and accurately; Shall not concurrently engage in cargo handling business and warehousing business as stipulated in this Law.

Explain that this clause is about the operation of port tally business.

1. Port tally business refers to the business of counting goods at the port, finding out the quantity and surface condition of goods and issuing written certificates. Tally tally has strong impartiality and independence, and operators should be responsible for the certificates issued by them and bear the corresponding legal consequences. Tally vouchers often become important vouchers and basis for customs departments, insurance companies and judicial organs to crack down on smuggling, collect taxes according to law, provide claims and try cases. Tally should never be understood as a simple point. It is a traditional business independent of port business. In the past, tally mostly referred to ship tally, that is, it was only entrusted by the shipping company to tally on its behalf. From the perspective of the future development trend, tally should not be limited to providing tally services for ships entrusted by ships, but should also be included, that is, it can also be entrusted by the consignee to provide tally services. Only in this way can the fairness and objectivity of tally be truly reflected. However, in the same single cargo, the operator shall not represent the ship and the cargo at the same time to prevent unfairness and partiality.

The reason why tally business is brought into the port law for adjustment is mainly because tally business is a part of port business in history, and port operators bear most of the responsibilities for it. At the same time, the tally place is often within the port. However, it should be pointed out that the port tally business is not an integral part of the port business, and the management system of the port business is not exactly the same. The two must not be confused.

Two, the provisions of the port law on the operation of port tally business mainly include two contents:

1. clarifies the licensing system, licensing principles and authorization of specific measures for port tally business management.

(1) stipulates the licensing system for port tally business. The license to engage in port tally business means that tally business operators must submit a written application to the relevant government departments in accordance with relevant regulations before engaging in tally business. Otherwise, port tally shall not be carried out without passing the examination. The specific provision of "Port Law" is: To engage in port tally business, a license shall be obtained in accordance with the provisions. This is the market access system stipulated in the Port Law for tally business, and port tally business operators must strictly abide by it.

It should be pointed out that there is no clear government department that stipulates to which department the port tally operator should submit a written application, only that it meets the requirements. The so-called regulations actually refer to the measures for port tally business authorized by the Port Law and formulated by the Ministry of Transport of the State Council. The competent department of tally business authorized in these Measures is the department that the port tally business operator should apply for.

The main considerations for the establishment of the port tally business license system in the Port Law are as follows: First, the characteristics of tally business determine that the state must strictly manage the operators. As mentioned above, tally operator is an enterprise that relies on credit to provide services for shipping companies and shippers. Whether the written documents issued by it are true and reliable has a vital influence on the decision-making of relevant government departments and judicial organs. The establishment of this threshold can exclude those operators with poor operating conditions and low social credit to the maximum extent, and provide a safe service environment for enterprises. Second, according to the spirit of "Opinions on Deepening the Reform of Port Management System under Direct and Dual Leadership" forwarded by 200 1 the State Council General Office to the Ministry of Communications and other departments, the port tally business should be independent from the port business and form an independent and self-financing business entity. In the next few years, each port should choose two tally enterprises to carry out pilot reform, allowing full competition among port tally operators. Accordingly, it is necessary to limit the number of operators of port tally business, so as to avoid the rush after the opening of tally business and maintain the normal tally business order.

(2) The principle of business license is stipulated. The principle of business license refers to the basic criteria that the port tally business management department should abide by when handling the business license procedures of tally business. The Port Law stipulates that the implementation of port tally business license should follow the principles of openness, justice and fairness. This is a legal obligation stipulated by law to the administrative department of port tally business, an important measure to ensure that the administrative department is legally administered and honest in politics, and an institutional guarantee to safeguard the legitimate rights and interests of the tally business applicants. The management department of port tally business must implement this legal requirement and be open, just and fair. Shall not be behind closed doors, abuse power for personal gain, and shall not harm the legitimate rights and interests of the applicant.

(3) organs that formulate specific measures for the management of tally business. After the 200 1 national document on port reform was issued, China's port tally business management is still in the pilot stage of reform, and some management systems need to be explored, improved and summarized irregularly, so it is difficult to all rise to the legal level, such as the conditions, administrative levels and specific procedures of port tally business license. These all need a process. Therefore, in order to leave room for the future port tally reform and formulate a more perfect and feasible management system, it is necessary for the Port Law to authorize the Ministry of Transport of the State Council to stipulate the specific management measures for port tally business separately.

2. Clarify the tally principles and business restrictions of tally business operators.

(1) tally principles of tally business operators. Simply put, the principle of tally business operators is the code of conduct of tally business operators. The Port Law stipulates that operators of port tally business shall handle tally business fairly and accurately. According to this principle, when handling tally business, port tally operators must objectively, fairly and accurately record all kinds of situations in tally, such as cargo difference and cargo damage, and must not artificially exaggerate or narrow the relevant situation; According to the tally results, a tally report shall be issued truthfully, reflecting the real situation, and no fraud shall be allowed. This is an obligation entrusted to the operator by law and an important guarantee for safeguarding the legitimate rights and interests of shipping companies and shippers, and the operator must faithfully perform this obligation.

(2) business restrictions. The Port Law stipulates that operators of port tally business shall not concurrently engage in cargo handling business and warehousing business as stipulated in this Law. According to this regulation, the business of port tally operators will be restricted accordingly, that is, they may not concurrently engage in cargo handling and warehousing business. The main consideration of making such a provision by law is to prevent tally operators from engaging in cargo handling and warehousing business at the same time from affecting the fairness and objectivity of tally and damaging the interests of shipping companies and shippers. This is a mandatory provision, and it is absolutely forbidden for port tally operators to concurrently engage in cargo handling and warehousing business. Port tally business operators must strictly abide by it and shall not violate it for any reason. Of course, the law stipulates that it is not allowed to run the cargo handling and warehousing business concurrently, and it is not forbidden to operate these two businesses separately. The implication is that as long as the port tally business operators separate the tally business from the cargo handling and warehousing business, operate independently, conduct separate accounting and be responsible for their own profits and losses, they will not violate the law and are allowed by the Port Law.