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国务院关于口岸开放的若干规定 PROVISIONS OF THE STATE COUNCIL ON THE OPENING OF PORTS

2006-05-18 15:03   我要纠错 | 打印 | 收藏 | | |

国发(1985)113号
(Promulgated on September 18, 1985)
颁布日期:19850918  实施日期:19850918  颁布单位:国务院

  With the development of our foreign trade, international exchanges and tourisms, more ports will be opened. These Provisions are formulated in order to strengthen the work in the examination and approval for opening ports to foreign countries.

  1. The term “ports” referred to in these Provisions denotes the harbours, airports, stations, thoroughfares, etc., which are used for personnel, goods or means of transport to enter or leave the country. The ports in our country are divided into two categories. Category-1 ports refer to those ports which have been opened upon the approval of the State Council (including those administered by the Central Government and some of the ports administered by the provinces, autonomous regions and municipalities directly under the Central Government); category-2 ports refer to those ports which have been opened upon approval by the people's governments at the provincial level and are administered by them.

  2. The opening and closing of ports shall be announced and executed after the examination and approval by the State Council or the people's governments at the provincial level.

  3. Organs in charge of frontier inspection, Customs, harbour superintendency, quarantine, quarantine for animals and plants, commodity inspection, etc., as well as other port organs stipulated by State shall be set up at the open ports according to the actual needs.

  4. Criteria for the division of the two categories of ports:

  (1) The following are category-1 ports:

  A. ports open to vessels, planes, vehicles and other means of transport of foreign nationality used to transport passengers and goods into or out of China through sea, land or air;

  B. ports for use only by Chinese vessels, planes and vehicles transporting passengers and goods out of or into the country through sea, land or air;

  C. spots on the sea within our territorial waters where vessels of foreign nationality are allowed to enter or leave for the purpose of delivering goods.

  (2) The following are category-2 ports:

  A. spots for loading and unloading, starting shipment and delivering goods for Chinese vessels engaged in foreign trade where the formalities for exit and entry inspection and examination are conducted by personnel sent from other ports;

  B. ports where border trade in small amounts and contacts between people are carried out with local governments of neighbouring countries;

  C. ports restricted to the exit or entry of the local residents in the border areas.

  5. The procedures for report and approval:

  (1) Category-1 ports: the relevant ministries (or bureaus) or the people's governments of the provinces where the harbours, wharves, stations, airports and thoroughfares in question are situated shall, after consultation with the military area commands, submit the application to the State Council for approval, with copies of the application sent to the Leading Group for Port Affairs of the State Council, the Headquarters of the General Staff of the People's Liberation Army and the relevant competent departments.

  (2) Category-2 ports: The people's governments of the regions where the ports in question are situated shall first obtain the agreement of the military area commands concerned and the Navy, and hold consultations with the units in charge of port inspection and examination. Applications shall then be submitted to the people's governments at the provisional level for approval, with copies of which sent to the Leading Group for Port Affairs under the State Council and the relevant competent departments for the record.

  6. The following materials should be attached to application for opening a port:

  (1) A feasibility report, the materials concerning the basic conditions of the ports, the volume of passenger transport and freight volume in the last three years, and the potential economic results and the prospects for development.

  (2) The plan for the establishment of such port organs as offices in charge of inspection and examination, offices for port affairs and branches of the Bank of China, according to the task for transporting passengers and goods.

  (3) Plans for constructing inspection and examination grounds and for building facilities for office work and the daily life of the staff members, as well as investment budget and source of funds.

  7. Final check-up and acceptance before a port is opened:

  (1) Before a new port is opened, the establishment of organs and the provisions of staff members of offices in charge of traffic safety, for telecommunications, combined inspection and examination as well as facilities for office work and daily life must go through the procedure of final check-up and acceptance. New ports may be opened only after the facilities are finally checked and accepted.

  (2) The office of the Leading Group for Port Affairs of the State Council shall be responsible for the check-up and acceptance of category-1 ports.

  The offices for port affairs in the provinces, autonomous regions and municipalities directly under the Central Government or other competent departments in charge of port affairs shall be responsible for the check- up and acceptance of category-2 ports.

  8. The competence for examination and approval of applications for temporarily entry and exit at the non-open areas of our country:

  (1) Applications by vessels of Chinese or foreign nationality for temporarily entry or exit at non-open harbours or coastal waters of China shall be examined and approved by the Ministry of Communications and reported to the Leading Group for Port Affairs of the State Council for the record. Before the applications are submitted for approval, the agreement of the competent authorities for military affairs, the local people's governments and the relevant units in charge of examination and inspection shall be obtained, and the details of the examination and inspection work shall be arranged.

  (2) Applications by civil planes of Chinese or foreign nationality for temporarily takeoffs or landings at China's non-open airports shall be examined and approved by the Civil Aviation Administration of China, which, however, should obtain the agreement of the competent authorities for military affairs. Applications by non-civil planes shall be examined and approved by the competent authorities for military affairs. Both kinds of applications must be reported to the Leading Group for Port Affairs of the State Council for the record. Before the applications are submitted for approval, the agreement of the local people's governments and the relevant departments for examination and inspection should be obtained, and the details of the examination and inspection work shall be arranged.

  (3) Applications by vehicle and personnel of Chinese or foreign nationality for temporarily entry and exit at our non-open border areas on land shall be examined and approved by the people's governments at the provincial level. Before the applications are submitted for approval, the agreement of the relevant provincial military area command and the department of public security shall be obtained, and the details of the examination and inspection work shall be arranged.

  9. New ports shall be opened according to the relevant State or local plans. The competent departments under the State Council, and the provinces, autonomous regions and municipalities directly under the Central Government, shall send plans (drafts) of opening ports to the Leading Group for Port Affairs of the State Council two months before a planned year begins, with copies sent to the State Planning Commission, the Ministry of Labour and Personnel and the relevant competent departments of the units in charge of inspection and examination.

  10. The sources of funds for building facilities for inspection and examination at the open ports:

  (1) The Central Government shall be responsible for providing the funds for the ports under its administration. The local people's governments shall be responsible for providing funds for the ports under their administration.

  (2) Where grounds for combined inspection and examinations are needed in such port construction projects (including projects with foreign investment and Chinese and foreign equity joint-venture projects) as harbours, wharves, railway stations and airports (including those which have been transformed from military airports used for both military and civilian purposes) as well as in such projects as newly-built operation areas at old ports and new harbour areas in economic development zones, the construction of these grounds shall be incorporated into the plans of the main projects of the prescribed harbours, wharves, railway stations and airports. The investment needed for the construction of these grounds shall be incorporated in the investment for the main projects. The competent departments for port construction projects shall organize the relevant units to carry out research on the investment structure for the construction of the facilities for office work and for the daily life of the staff members (including dormitories) of the units in charge of inspection and examination and present itemized reports to the State Planning Commission for examination and approval. After the approval is obtained, the investment shall be transferred to the provinces, autonomous regions and municipalities directly under the Central Government where the ports are situated. The local people's governments shall be responsible for the unified planning, designing and construction of the ports. Where military airports are to be transformed into airports for both military and civilian purposes, agreement should be obtained from the Air Force or the Navy beforehand. In the case that the construction is to be carried out within the airports, the units responsible for the construction may submit draft plans, which shall be incorporated in the unified plans of the Air Force or the Navy.

  (3) Where the existing harbours, wharves, railway stations and airports directly under the administration of various ministries (or bureaus) need to be opened, the grounds for combined inspection and examination for these ports shall, in principle, be set up by making use of the existing buildings and facilities. If it is necessary to extend the original buildings or build new grounds for combined inspection and examination, the competent departments for the harbours, wharves, railway stations and airports shall be responsible for the investment. The investment for the construction of the facilities for office work and the daily life of the staff members (including dormitories) of the units in charge of inspection and examination shall, in principle, be provided by their respective competent departments. In the extreme cases of difficulty with respect to investment, the State or the local governments may provide appropriate subsidies. The investment shall be turned over to the relevant people's governments, which are held responsible for the completion of the construction.

  (4) The local people's governments shall be responsible for the investment and construction of the grounds for combined inspection and examination and the infrastructure facilities for office work and the daily life of the staff members (including dormitories) of the units in charge of inspection and examination, which are needed in their newly-opened ports.

  (5) The construction plans and sources of investment for international seamen's clubs shall be provided in accordance with the provisions of Paragraphs (2), (3) and (4) of this Article.

  (6) The means of transport, instruments, equipment, etc., needed by the units in charge of inspection and examination shall be provided by their respective competent departments.

  (7) Within grounds for combined inspection and examination, the rooms for office work and other related purposes (including water, electricity and inner-city telephone) which have been assigned to the units in charge of inspection and examination shall be provided free of charge by the business units of the harbours, wharves, railway stations and airports (including those used for both military and civilian purposes)。

  11. These Provisions shall be interpreted by the office of the Leading Group for Port Affairs of the State Council.

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