Order of the President of the People's Republic of China No.5
      　　The Port Law of the People's Republic of China, adopted at the 3rd
      Meeting of the Standing Committee of the 10th National People's Congress
      of the PRC on June 28, 2003, is hereby promulgated for implementation as
      of January 1, 2004.
      Hu Jintao, President of the People's Republic of China
      June 28, 2003
      Port Law of the People's Republic of China
      　　(Adopted at the 3rd Meeting of the Standing Committee of the 10th
      National People's Congress of the PRC on June 28, 2003)
      Contents
      Chapter I General Provisions
      Chapter II Port Planning and Construction
      Chapter III Port Operations
      Chapter IV Port Security and Supervisory Management
      Chapter V Legal Responsibilities
      Chapter VI Supplementary Provisions
      Chapter I General Provisions
      Article 1 This Law has been formulated for the purposes of strengthening
      port administration, maintaining port security and operation orders,
      protecting the legitimate rights and interests of the parties concerned
      and promoting port construction and development.
      Article 2 This Law is applicable to the undertakings of port planning,
      construction, maintenance, operation, management and the relevant
      activities.
      Article 3 Ports herein refer to the areas of water and land within certain
      range with corresponding dock facilities of functions for entry and exit
      of ships, anchorage, moorage, off and on of passengers, handling of
      commodities, lighterage, as well as storage. Ports may consist of one or
      more port areas.
      Article 4 The State Council and the relevant local people's government of
      and above county level shall in the plan on national economy and social
      development embody the requirements for port development and planning and
      protect and make rational use of the port resources by force of law.
      Article 5 The state encourages the economic organizations and individuals
      at home and abroad to make investment on construction and operation of
      ports and protect the legitimate rights and interests of investors by
      force of law.
      Article 6 The competent traffic authority of the State Council is in
      charge of the national administration of port works. The administration of
      ports by local people's government within its administrative division
      shall be determined according to the provisions on the port administrative
      system of the State Council. For the ports under the administration by the
      local people's government of the city and county level as per the port
      administrative system determined herein, the local people's government
      concerned shall designate a department for actual implementation of the
      administrative management of the ports concerned; and for the ports under
      the administration by the people's government of the province, autonomous
      region and municipality directly under the Central Government, the
      people's government of the province, autonomous region and municipality
      directly under the Central Government shall designate a department for
      actual implementation of the administrative management of the ports
      concerned. The departments determined herein for actual implementation of
      the administrative management of the ports are hereinafter referred to as
      the administrative management of the ports.
      Chapter II Port Planning and Construction
      Article 7 Ports planning should be prepared and compiled according to the
      requirements for national economy and social development and the demands
      for defense construction, which shall in the principle of rational
      utilization of the coastal resources conform to the planning of urban and
      township system and dovetail and be in harmony with the overall land use
      planning, overall urban planning, river reach planning, flood prevention
      planning, functional division of seas, development planning of waterway
      transportation, development planning of other means, as well as other
      relevant planning specified by laws and administrative laws and
      regulations. The preparation and compilation of ports planning shall
      witness expert demonstration and evaluation of environmental influences by
      force of law.
      Article 8 The ports planning shall consist of port layout planning and
      overall port planning. The port layout planning refers to the layout and
      distribution planning of ports, including national port layout planning
      and port layout planning of the province, autonomous region and
      municipality directly under the Central Government. The overall port
      planning refers to the specific planning of a port in certain period,
      including the water and land scopes of the port, division of the port
      area, throughput and categories of potential ships, nature and functions
      of the port, utilization of the water and land areas, port facilities, use
      of the coastal lines built, configuration of construction land, and
      sequences for phased construction, etc. The overall port planning shall
      conform to the port layout planning.
      Article 9 The national port layout planning should be prepared by the
      competent traffic authority of the State Council upon solicitation of the
      opinions of the relevant departments of the State Council and the relevant
      military organs, which should be ratified by the State Council before
      promulgation and implementation. The port layout planning of the province,
      autonomous region and municipality directly under the Central Government
      shall be prepared and compiled under the organization of the people's
      government of the province, autonomous region and municipality directly
      under the Central Government, which should be submitted for solicitation
      of opinions form the competent traffic authority of the State Council
      according to the national port payout planning. In case no opinions have
      been aired for modification by the competent traffic authority of the
      State Council within thirty days upon its receipt of the solicitation of
      opinions, such port layout planning may be promulgated for implementation
      by the people's government of the province, autonomous region and
      municipality directly under the Central Government; in case the competent
      traffic authority of the State Council is of the opinion that the port
      layout planning is not in compliance with the national port layout
      planning, the opinions on modifications should be provided for within
      thirty days upon receipt of the solicitation of opinions; and in case the
      people's government of the province, autonomous region and municipality
      directly under the Central Government is in disputer with the modification
      opinions, a petitions may be submitted for decision by the State Council.
      Article 10 The overall port planning should be prepared and compiled by
      the port administrative department upon solicitation of opinions from the
      relevant departments and the relevant military organs.
      Article 11 The overall planning of the principal ports of important
      geographical positions, large throughput and wide influence on economic
      development should be promulgated for implementation with joint approval
      by the people's government of the province, autonomous region and
      municipality directly under the Central Government upon solicitation by
      the competent traffic authority of the State Council of opinions from the
      relevant department of the State Council and the relevant military organs.
      The directory of the principal ports should be determined and promulgated
      upon solicitation by the competent traffic authority of the State Council
      of opinions from the relevant department of the State Council. The
      people's government of the province, autonomous region and municipality
      directly under the Central Government shall determine the important ports
      within the administrative division under its jurisdiction upon
      solicitation of opinions from the competent authority of the State
      Council. Before promulgation and implementation, the overall planning of
      important ports should be ratified by the people's government of the
      province, autonomous region and municipality directly under the Central
      Government upon solicitation of opinions from the competent traffic
      authority of the State Council. The overall planning of the ports other
      than those specified by the above-mentioned two paragraphs should be
      approved by the local people's government of city and county level before
      promulgation and implementation, which should also be submitted for filing
      by the people's government of the province, autonomous region and
      municipality directly under the Central Government. The overall port
      planning prepared and compiled by the port administrative departments of
      the people's government of city and county level within the scope
      specified by the first and second paragraphs of this article should be
      reviewed and ratified by the people's government of the proper level
      before submission for ratification and approval.
      Article 12 The modification of the port planning should be handled with in
      compliance with the statutory procedures for port planning.
      Article 13 The construction of port facilities in the overall planned
      areas of ports and use of the deep-water lines of ports should be approved
      by the competent traffic authority of the State Council jointly with the
      comprehensive and macro-control and adjustment department of economy of
      the State Council, and the construction of port facilities and use of the
      deep-water lines of ports should be approved by the port administrative
      departments, provided that the use of port coastal lines by the projects
      to be constructed with approval by the State Council or the comprehensive
      and macro-control and adjustment department of economy of the State
      Council does not require for separately handling of the procedures
      relating to approval for use of the port coastal lines. The competent
      traffic authority of the State Council should formulate the standards for
      the deep coastal lines of ports.
      Article 14 The port construction shall be in compliance with the port
      planning and no port facilities should be constructed in violation of the
      port planning.
      Article 15 The port construction projects requiring for approval by the
      relevant organ according to the state provisions, shall go through the
      examination and approval procedures in compliance with the relevant state
      provisions, which shall conform to the relevant state standards and
      technological norms. The construction of the port engineering project
      shall go through the evaluation of environmental impacts by force of law.
      The security facilities and environmental protection facilities for port
      construction projects must by designed, implemented and put into use
      synchronously with the mainstay engineering.
      Article 16 The use of land and water areas for port construction shall be
      handled with in compliance with the provisions of the laws and
      administrative regulations concerning the land administration,
      administration for use of seas, watercourse administration, navigation
      administration, and the protection administration of military facilities,
      as well as other relevant laws and administrative regulations.
      Article 17 The places of the ports where dangerous cargos are processed
      and where sanitary and insecticide treatment are made shall meet the
      requirements of the overall port planning and the relevant state security
      production, firefighting, inspection, quarantine and environmental
      protection, and their distance from densely populated areas and passenger
      facilities of the ports shall conform to the provisions of the relevant
      departments of the State Council. The construction may be started only
      upon handling of the relevant formalities by force of law and approval by
      the port administrative department.
      Article 18 Navigation mark facilities and other accessory facilities shall
      be constructed synchronously with the ports, thus ensuring scheduled start
      of use. The construction of the office facilities of the relevant
      administrative administration of the ports shall conform to the overall
      port planning, the construction fees of which should not be distributed to
      the port operators.
      Article 19 The construction projects of port facilities can only be put
      into use after qualified acceptance examination upon their completion in
      compliance with the relevant state provisions. The ownership of the port
      facilities shall be determined according to the provisions of the relevant
      law.
      Article 20 The relevant people's government above county level shall
      ensure necessary capital input, which should be used for construction and
      maintenance of the infrastructures of the navigation path, wave-prevention
      slope and anchoring sites for public use of the ports. The detailed
      measures thereof should be provided for by the State Council.
      Article 21 The relevant people's government above county level shall take
      measures for organizing and constructing complementary facilities of the
      ports, such as navigation path, railway, highway, water supply and
      drainage, power supply and communication.
      Chapter III Port Operations
      Article 22 The undertakings of port operation shall be available for the
      port operating licenses obtained from the port administrative department
      with written application with registration made at the administration for
      industry and commerce. by force of law. The port administrative department
      shall abide by the principles of openness, fair and equality in
      implementing the port operation licenses. Port operations include the
      operations of docks and other port facilities, operations of passenger
      services of the ports, operations of handling, lighterage and warehousing
      within the port area and the operations of tugboats of the ports.
      Article 23 The obtaining of the port operation licensing shall be
      available with fixed operation sites, corresponding facilities, equipment,
      professional technicians and management personnel relating to the
      operation businesses, together with other conditions specified by laws and
      regulations.
      Article 24 The port administrative department shall within thirty days
      upon receipt of the written application as specified by the first
      paragraph of Article 22 herein make decision on whether or not granting
      the license by force of law. In case the license is granted, the
      certificate for license of port operation will be issued, otherwise,
      reasons thereof should be notified to the applicant in writing.
      Article 25 Operations of port trimming services shall be eligible for
      licenses obtained according to the provisions. The implementation of the
      operation licenses for port trimming services shall abide by the
      principles of openness, fairness and equality, the detailed measures for
      which should be provided for by the competent traffic authority of the
      State Council. The operators of port trimming services shall fairly and
      accurately handle with the trimming services, being prohibited from
      concurrent operations of the cargo handling services and warehousing
      services specified in the third paragraph of Article 22 herein.
      Article 26 in undertakings of operations, the port operators shall abide
      by the relevant laws and regulations, the provisions of the port operation
      rules of the competent traffic authority of the State Council and perform
      the contractual duties by force of law, thus providing customers with fair
      and excellent services. The operators undertaking the port passenger
      services shall adopt effective measures for the security passengers,
      provide passengers with quick, convenient and flexible services, and
      maintain good climate for waiting of the scheduled travel. The port
      operators shall adopt effective measures for prevention and treatment of
      the pollution and harms to the environment according to the relevant laws
      and regulations on environmental protection.
      Article 27 The port operators shall take priority in arranging the rescue
      materials, calamity relief materials and materials urgently required by
      national defense construction.
      Article 28 The port operators shall at the business sites publish the
      charging items and charging criteria of the operation services, which
      should not be implemented without publication. In case the operation
      charges of ports adopt the prices directed or determined by the government
      by force of law, the port operators shall execute in compliance with the
      provisions.
      Article 29 The state encourages and protects the fair competition in port
      operation activities. The port operators shall not implement monopoly acts
      or unfair acts, or force others to provide port services by any means.
      Article 30 According to the provisions of the Statistic Law of the PRC and
      the relevant administrative laws and regulations, the port administrative
      department requires for the port operators to provide the statistic data,
      which should be provided truthfully by the port operators. The port
      administrative department shall according to the relevant state provisions
      submit the statistic data submitted by the port operators and keep
      confidential the commercial secrets of the port operators.
      Article 31 The legitimate rights and interest of the port operators is
      protected by law and no unit or individual shall distribute charges to or
      illegally collect charges from the port operators or illegally interfere
      with the operation autonomy of the port operators.
      Chapter IV Port Security and Supervisory Management
      Article 32 According to the provisions of the Security Production Law of
      the People's Republic of China, other relevant laws and regulations and
      the security operation rules on ports of the competent traffic authority
      of the State Council, the port operators shall strengthen the
      administration of security production, establish and perfect rules and
      systems relating to the security production responsibility system, perfect
      the security production conditions, adopt the effective measures for
      safeguard of the security production and ensure the security production.
      The port operators shall by force of law formulate the preplan on incident
      emergency of the dangerous cargos of the this port, the urgent passenger
      scattering and rescue preplan in case of material production security
      incidents and preplan on prevention of natural disasters, thus
      safeguarding the organization and implementation thereof.
      Article 33 The port administrative department shall by force of law
      formulate the preplan on incident emergency of the dangerous cargos of the
      this port potentially to the detriment of social public interests, the
      urgent passenger scattering and rescue preplan in case of material
      production security incidents and preplan on prevention of natural
      disasters, and establish and perfect the urgent rescue system in case of
      material production security incidents on the ports.
      Article 34 Entry and exit of ships of the ports shall be reported to the
      marine administrative authority according to the laws and administrative
      laws and regulations of water traffic, upon receipt of which the marine
      administrative authority shall give timely notice to the port
      administrative department. Port entry and exit of ships with dangerous
      cargos shall according to the provisions of the competent traffic
      authority of the State Council be accompanied with report of the names,
      features, package and time of entry and exit of the port of the dangerous
      cargos to the marine administrative authority, upon receipt of which the
      marine administrative authority shall within the time specified by the
      competent traffic authority of the State Council determine whether or not
      consent is granted, together with notice to the reporter and submission to
      the port administrative department, provided that fixed ships and ships of
      fixed navigation lines and fixed cargo varieties may be reported
      regularly.
      Article 35 In case of handling of dangerous cargos and their transfer
      among ships in the port, the names, features, package and time and place
      for such operations of the dangerous cargos should according to the
      provisions of the competent traffic authority of the State Council be
      reported to the marine administrative authority, upon receipt of which the
      marine administrative authority shall within the time specified by the
      competent traffic authority of the State Council determine whether or not
      consent is granted, together with notice to the reporter and submission to
      the port administrative department.
      Article 36 The port administrative department implement supervisions and
      inspection on the security production of the ports and focus on patrol
      inspection on the docks of concentrated passenger flow and big volume of
      cargos or of special use, and in case of any hidden risks found during the
      inspection, the inspected should be ordered to eliminate such risk
      immediately or within time limits. The department in charge of security
      production and the relevant departments shall according to the provision
      of laws and regulations implement supervisions and inspection on the
      security production of the ports within their authority.
      Article 37 Cultivation and plantation activities are prohibited in the
      ports. No digging or explosion activities should be conducted in the ports
      that may harm the port security, which, if required for engineering
      construction, should be adopted with the corresponding security and
      protection measures with approval from the port administrative department,
      and if required for approval by the marine administrative authority
      according to the laws and administrative laws and regulations of water
      traffic, submission should be made for such approval by the marine
      administrative authority. No soil, sand or stones should be poured in the
      port water and poisonous and harmful substance exceeding specific
      standards should not be discharged in violation of the relevant laws and
      regulations on environmental protection.
      Article 38 In case of project construction of bridges, underwater tunnels
      and water power stations that may be of influence on the changes of the
      port hydrological conditions, the department in charge of approval of such
      project shall solicit the opinions of the port administrative department
      prior to examination and approval.
      Article 39 According to the laws and administrative laws and regulations
      of water traffic￡?ships needing navigation pilot for entry and exit of the
      ports shall apply for pilot with the piloting agency, the detailed
      measures for piloting should be specified by the competent traffic
      authority of the State Council.
      Article 40 In case of congestion of the ports due to stay of passengers
      and accumulation of cargos, the port administrative department shall
      timely adopt effective measures for alleviation of the port load and the
      local people's government of city and county level may, if necessary,
      directly adopt the measures for port alleviation.
      Article 41 The port administrative department shall organize for
      formulation of the articles of association of the ports under its
      administration, which should be published. The articles of association of
      the ports shall include the description of the geological location of the
      ports, the navigation path conditions, depth of the port pool, machinery
      facilities and handling capacity, as well as the specific measures for the
      ports to implement the laws and regulations on port administration and the
      relevant provisions of the competent traffic authority of the State
      Council.
      Article 42 The port administrative department shall supervise and inspect
      the implementation of this Law. When implementing supervision and
      inspection by force of law, the inspectors of the port administrative
      department shall be entitled to understand the relevant circumstances from
      the inspected units and the relevant persons and read and copy the
      relevant materials. The inspectors shall keep confidential the commercial
      secrets accessed during inspection. The inspectors shall present the
      enforcement certificates while implementing inspection and supervision.
      Article 43 The inspectors shall record in writing the inspection time,
      place, content, problems found and treatment, which should be singed by
      the inspectors and the responsible person of the inspected unit, and in
      case the responsible person of the inspected unit refuses to sign on the
      records, the inspectors shall keep filing and report to the port
      administrative department.
      Article 44 The inspected units and the relevant persons shall accept the
      inspection and supervision implemented by the port administrative
      department by force of law, such as truthfully providing the relevant
      circumstances and materials, not refusing to the inspection, not
      concealing and fraudulently reporting the relevant circumstances and
      materials.
      Chapter 5 Legal Responsibilities
      Article 45 In any of the following cases, the people's government above
      county level or the port administrative department shall order for
      correction in time limit and in case no correction has been made, the
      authority making such order may apply with the people's court for
      dismantling the facilities constructed in breach of law, and/or together
      with fins no more than RMB50,000. 00: (1) Construction of ports, dock or
      other port facilities in violation of ports planning; (2) Construction of
      port facilities and use of port coastal lines without approval. In case
      the examination and approval department of the construction project
      approve the projects constructed in violation of the port planning, the
      direct responsible executive and other direct responsible person should be
      accorded with administrative punishment.
      Article 46 In case of construction of operation sites for dangerous cargos
      in the port, special sites for sanitary and insecticide treatment without
      approval by force of law, or the distance from the operation sites for
      dangerous cargos in the port and special sites for sanitary and
      insecticide treatment to densely populated areas or passenger facilities
      of the ports is not in compliance with the provision of the relevant
      department of the State Council, the port administrative department may
      order for stopping the construction or the use concerned and for
      correction in time limit, and/or together with fines no more than
      RMB50,000. 00.
      Article 47 Use of docks, or port handling facilities, passenger facilities
      without qualified examination and approval, the port administrative
      department may order for stopping use of such facilities concerned and for
      correction in time limit, and/or together with fines no more than
      RMB50,000. 00.
      Article 48 In case of any of the following acts, the port administrative
      department may order for stopping the illegal operations and confiscation
      of the illegal incomes. In case the illegal incomes exceed RMB100,000.
      000, fines of two to five times the illegal incomes may be imposed
      concurrently; and in case the illegal incomes is no more than RMB100,000.
      000, fines no less than RMB50,000. 00 but no more than RMB100,000. 00 may
      be imposed: (1) Undertaking of port operations without obtaining the port
      operation license by force of law; (2) Undertaking of port trimming
      services without license by force of law; and (3) The port trimming
      operators are concurrently involved in undertakings of cargo handling and
      warehousing services. In case of act specified in the above-mentioned
      paragraph (3) with serious circumstances, the relevant competent authority
      may revoke the license for port trimming services.
      Article 49 In case the port operators does not take priority in arranging
      the works relating to rescue materials, calamity relief materials and
      materials urgently required by national defense construction, the port
      administrative department shall prosecute for correction, and in case of
      serious results, the port business license may be repealed.
      Article 50 In case the port operators implement monopoly acts or unfair
      acts in business activities in violation of the relevant laws and
      administrative laws and regulations, legal responsibilities should be
      undertaken in compliance with the provisions of the relevant laws and
      administrative laws and regulations.
      Article 51 The port operators in breach of the provision on security
      production of Article 32 of this Law, the port administrative department
      or other department in charge of supervision and administration of
      security production by force of law may accord corresponding punishment;
      in serious case, the port administrative department may revoke the port
      operation license and accord punishment with the principal responsible
      persons; and in case of crimes constituted, penal punishment may be
      prosecuted by force of law.
      Article 52 In case of entry and exit of ships of the port without
      reporting to the marine administrative authority in compliance with the
      provisions of Article 34 of this Law, the marine administrative authority
      shall accord with the punishments according to the laws and administrative
      laws and regulations of water traffic.
      Article 53 In case of undertaking of handling and transferring among ships
      dangerous cargos in the port without reporting to the port administrative
      department with consent by force of law, the port administrative
      department may order for stopping of the operations with fines no lees
      than RMB5,000. 00 but no more than RMB50,000. 00.
      Article 54 In case of cultivation and plantation activities in the port
      water areas, the marine administrative department shall order for
      correction within time limit, and in case no correction has been made upon
      such order, the cultivation and plantation facilities should be dismantled
      with the expenses thereof to be borne by the offender, and/or together
      with fine no more than RMB10,000. 00.
      Article 55 In case of digging and explosion activities, or pouring clay,
      sand, and stone in the port water areas that may harm the port security
      without approval by force of law, the port administrative department shall
      order for stopping such acts and for elimination of any hidden risk
      thereof within time limits; and in case no elimination has been achieved,
      such elimination shall be enforced with the expenses thereof to be borne
      by the offender, and/or together with fine no less than RMB5,000. 00 but
      no more than RMB50,000. 00; in case of punishment to be imposed by the
      marine administrative department in compliance with the provision of the
      laws and administrative laws and regulations of water traffic, such
      provision should be observed, and in case of crimes constituted, penal
      punishment should be prosecuted.
      Article 56 In case of any of the following acts on the part of the
      competent traffic authority, the port administrative department or the
      marine administrative department in violation of law, the direct
      responsible executive and other direct responsible person should be
      accorded with administrative punishment, and in case of crimes
      constituted, penal responsibilities should be prosecuted: (1) Approval for
      construction of port facilities and use of port coastal lines in violation
      of law, approval for construction of operation sites for dangerous cargos
      in the port, or special sites for sanitary and insecticide treatment in
      violation of law, or approval for entry or exit of ships with dangerous
      cargoes of the ports in violation of law, or approval for handling and
      transfer among ships dangerous cargos in the ports in violation of law;
      (2) Granting port operation license or port trimming service licenses to
      applicants not eligible for legal conditions; (3) Not timely revoking the
      licenses if finding that the port operators and port trimming service
      operators with operation licenses are no longer eligible for statutory
      conditions; and (4) Not performing supervision and inspection obligations
      by force of law, thus not imposing punishment or treatment buy force of
      law on acts of construction of port, dock or other port facilities in
      violation of law, on acts of undertakings of port operations or port
      trimming services in violation of law, on acts not observing the security
      production and management provisions, on acts of endangering the port
      operation security or other acts in violation of this Law.
      Article 57 In case the administrative authority violates the rights of the
      port operators for autonomous operations, its superior authorities of
      supervisory authorities may order it for correction, and in case of
      distribution in property or in kind or illegal collection of charges among
      and from the port operators, order will be made for return or refund, and
      in serious circumstance, the direct responsible executive and other direct
      responsible person should be accorded with administrative punishment by
      force of law.
      Chapter VI Supplementary Provisions
      Article 58 The ports open to ships designated to international navigation
      lines should be submitted by the people's government of the, relevant
      province, autonomous region and municipality directly under the Central
      Government for approval by the State Council upon consent by the relevant
      department of the State Council and the relevant military organs in
      compliance with the relevant state provisions.
      Article 59 The administration of fishery ports is in the charge of the
      competent fishery administrative authority of the people's government
      above county level, the detailed administrative measures of which should
      be specified by the State Council. The fishery ports herein refer to
      manmade or natural ports designated to serve fishery production, provide
      moorage and avoidance of winds for fishery ships, handling fishery
      harvests and supplement materials for fishery, including special fishery
      docks, special fishery water areas and special anchorage sites for fishery
      ships in comprehensive ports.
      Article 60 The measures for construction and administration of military
      ports shall be provided for by the State Council and the central military
      commission.
      Article 61 This Law shall come into force as of January 1, 2004.