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国际航行船舶进出中华人民共和国口岸检查办法 MEASURES FOR THE INSPECTION OF SHIPS OF INTERNATIONAL VOYAGE ENTERING OR LEAVING THE PORTS OF THE PEOPLE'S REPUBLIC OF CHINA

2006-05-16 16:09   我要纠错 | 打印 | 收藏 | | |

国务院令第175号
(Promulgated in Decree No. 173 by the State Council of the People's Republic of China on March 21, 1995)
颁布日期:19950321  实施日期:19950321  颁布单位:国务院办公厅

  Article 1 These Measures are formulated with a view to strengthening the administration of ships of international voyage entering or leaving the ports of the People's Republic of China, facilitating the entry or exit of the ships and improving the efficiency and functions of ports.

  Article 2 The ships of international voyage (hereinafter referred to as ships) entering or leaving the ports of the People's Republic of China and crew members, passengers, cargo and other articles carried thereon shall be subject to inspection under these Measures by the organs stipulated in Article 3 of these Measures. But if otherwise provided for by laws or by the State Council, special provisions shall apply.

  Article 3 The harbour superintendencies of the People's Republic of China (hereinafter referred to as the harbour superintendencies), the customs offices of the People's Republic of China (hereinafter referred to as the customs offices), the border inspection offices of the People's Republic of China (hereinafter referred to as the border inspection offices), the quarantine offices of the People's Republic of China (hereinafter referred to as the quarantine offices) and the animal and plant inspection offices of the People's Republic of China (hereinafter referred to as the animal and plant offices)shall be the organs responsible for inspection of ships of international voyage entering or leaving the ports of the People's Republic of China (hereinafter jointly referred to as the inspection organs)。

  Article 4 The inspection organs shall exercise inspection and shall handle illegal acts in accordance with the provisions of the relevant laws and administrative regulations.

  The harbour superintendencies shall be responsible for convening the joint meeting attended by other inspection organs to study and resolve the problems relating to inspection of entry or exit ships.

  Article 5 Where a ship is intended to enter or leave the port of the People's Republic of China, the shipper or his agent shall go through the entry or exit formalities in accordance with the relevant provisions of these Measures. The inspection organs will not embark on the ship to perform inspection except in cases of the situations provided in the second paragraph of Article 10 and Article 11 of these Measures or in other special situations.

  The shipper or his agent shall accurately complete report forms and shall truthfully submit relevant proof, certificates and information in accordance with the provisions by the inspection organs when going through the entry or exit for militias.

  Article 6 The shipper or his agent shall, seven days before the scheduled arrival of his ship at a port (or if the voyage is less than seven days, at the time of departure from the previous port), complete an “Application Form for Port Entry of Ships of International Voyage” and apply for examination and approval with the harbour superintendencies at the port of arrival.

  Where a ship is intended to enter the waterway of the Yangtze River, the shipper or his agent shall, seven days before its scheduled passage through the Port of Shanghai (or if the voyage is less than seven days, at the time of departure from the previous port), complete an “Application Form for Port Entry of Ships of International Voyage” and apply for examination and approval with the harbour superintendencies at the port of arrival.

  Article 7 The shipper or his agent shall, 24 hours before the scheduled arrival of his ship (or if the voyage is less than 24 hours, at the time of departure from the previous port), report with the inspection organs on the time of arrival, place of berth, arrangement of berth or changing berth and information on crew members and passengers.

  Article 8 The shipper or its agent failing to complete the entry formalities before the arrival of his ship, shall complete the formalities with the inspection organs within 24 hours as of arrival of ship.

  If the time period of berth of a ship is less than 24 hours, the shipper or his agent may, with approval of the inspection organs, go through the exit formalities at the same time when going through the entry formalities.

  Article 9 The shipper or his agent having completed the entry formilities before the arrival of his ship, may embark or disembark passengers, load or unload cargo or other articles on arrival.

  Where a shipper or his agent fails to complete the entry formalites before the arrival of his ship, no person, other than pilots and inspectors from the inspection organs who exercise inspection of entry formalities, shall be allowed to embark on or disembark from the ship, no cargo or other articles shall be loaded or unloaded on arrival; if the previous port of call is in the People's Republic of China, passengers are allowed to embark on or disembark from the ship, and cargo or other articles to be loaded or unloaded on arrival, but all entry formalities shall be completed without delay.

  Article 10 The quarantine offices shall exercise telecommunicated quarantine inspection of ships. For ships with sanitary certificates, the shippers or their agents may apply to the quarantine offices for telecommunicated quarantine inspection.

  Ships from pestilence areas, or ships carrying any quarantine able epidemic victim or suspect or corpse of anyone who dies due to an unidentified cause other than accidential harm, or ships without sanitary certificates or with lapsed sanitary certificates or in unqualified sanitary conditions, shall be subject to quarantine inspection at anchorage by the quarantine offices.

  Article 11 The animal and plant inspection offices may, at anchorage, exercise quarantine inspection of ships from animal and plant epidemic areas, animals and plants and their products, and other quarantine projects carried thereon.

  Article 12 A shipper or his agent shall, within four hours before departure of his ship from port (or if the time period of berth is less than four hours, at the time of his arrival), complete all necessary exit formalities with the inspection organs. The competent inspection organ shall endorse a “Liaison Form of Exit Formalities of Ships” and the shipper or his agent shall submit the Liaison Form and other proof, certificates and information as required to apply to the harbour superintendencies for an Exit Permit.

  Article 13 After taking out the Exit Permit, if situations change or the ship fails to leave the port within 24 hours, the shipper or his agent shall submit a report with the harbour superintendency which will, in consultation with other inspection organs, determine whether or not the exit formalities are to be completed anew.

  Article 14 For a ship with fixed number of crew members that navigates a fixed route for one or more than one voyage within 24 hours, the shipper or his agent may file a written application with the harbour superintendencies for completing the regular entry or exit formalities. The harbour superintendency which receives the application shall, in consultation with other inspection organs and upon examination and approval of them together, issue a Regular Exit Permit with a period of validity not less than seven days and shall exempt the ship from the entry formalities within this period of validity. Article 16 The meanings of the following terms used in this Measures:

  “Ships of international voyage” mean ships with foreign nationality which enter or leave the ports of the People's Republic of China, or ships with nationality of the People's Republic of China which navigate international routes.

  “Ports” mean ports for entry or exit of ships of international voyage under approval of the State.

  A “shipper” men as an owner or an operator of ships.

  Article 17 This Measures shall enter into effect as of the date of promulgation. With approval of the State Council, the General Rules Concerning Joint Inspection of Entry or Exit Ships promulgated by the Ministry of Communications, the Ministry of Foreign Economic Relations and Trade, the Ministry of Public Security and the Ministry of Public Health on October 24, 1961 shall be superseded simultaneously.

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