Promulgation Authorities:  State Council

Promulgation Date:  2019.03.02

Effective Date:  2019.03.02

Validity Status:  valid

Inspection Measures for International Navigation Vessels Entering/Leaving Ports of the People's Republic of China (Revised in 2019)

Inspection Measures for International Navigation Vessels Entering/Leaving Ports of the People's Republic of China (Revised in 2019)

(Promulgated on 21 March 1995under Decree No. 175 of the State Council of the People's Republic of China and revised on 2 March 2019 pursuant to the Decision of the State Council on Revisions to Some Administrative Regulations)

Article 1.   

These Measures are enacted to strengthen administration of international vessels entering and exiting the ports of the People's Republic of China, to facilitate their entry into and exit from these ports and to improve port efficiency.

Article 2.   

International vessels (hereinafter referred to as vessels) entering and exiting Chinese ports, as well as associated crew, passengers, cargo and other goods carried by these vessels, will be subject to inspections by the authorities stipulated in Article 3 of these Measures, in accordance with the provisions of these Measures. However, if the law provides otherwise or the State Council stipulates otherwise, such provisions will prevail.

Article 3.   

The port supervisory authority of the People's Republic of China (hereinafter referred to as the port supervisory authority), the Customs of the People's Republic of China (hereinafter referred to as the Customs) and the border inspection authority of the People's Republic of China (hereinafter referred to as the border inspection authority) are the authorities responsible for inspecting vessels entering or exiting from the ports of the People's Republic of China (hereinafter collectively referred to as the inspection authorities).

Article 4.   

The inspection authorities will carry out inspections in accordance with the provisions of the relevant laws and administrative legislation and will deal with any acts in violation of the law.

The port supervisory authority is responsible for calling the other inspection authorities to take part in joint meetings to investigate and resolve issues relating to the inspection of vessels entering or exiting from Chinese ports.

Article 5.   

When a vessel enters or leaves a Chinese port, the owner or its agent is to carry out port entry or exit formalities in accordance with the relevant provisions of these Measures. Inspection authorities will not board a vessel to undertake an inspection, except in cases stipulated in paragraph 2 of Article 10, Article 11 or in other special circumstances.

When carrying out port entry or exit formalities, the vessel owner or its agent must accurately complete the relevant forms and provide related certificates and material in accordance with the stipulations of the inspection authority.

Article 6.   

The vessel owner or its agent must complete an "application for an International Vessel to Enter a Port" seven (7) days prior to the estimated time of arrival of the vessel in port (or when leaving the previous port if the voyage takes less than seven (7) days). This application form must be submitted to the port supervisory authority at the port of arrival for examination and approval.

The owner or agent of a vessel intending to enter the Yangtze River is to complete an "Application for an International Vessel to Enter a Port" seven (7) days prior to the estimated time of arrival of the vessel at the port of Shanghai (or when leaving the previous port if the voyage takes less than seven (7) days). This application form must be submitted to the port supervisory authority at the port of arrival for examination and approval.

Article 7.   

A vessel owner or agent must report the vessel's time of arrival, place of anchorage, its docking and departure plans and details of the crew and passengers to the inspection authorities 24 hours before the estimated time of arrival of the vessel in port (or when leaving the previous port if the voyage takes less than 24 hours).

Article 8.   

A vessel owner or agent who fails to complete port entry formalities prior to the vessel entering a port must undertake port entry formalities with the inspection authority within 24 hours of the vessel's arrival in port.

If a vessel anchors in a port for less than 24 hours, the vessel owner or agent may, subject to approval from the inspection authority, complete port exit formalities at the same time as completing port entry formalities.

Article 9.   

Where a vessel owner or agent completes port entry formalities before its vessel enters a port, people may board or leave the vessel, and cargo and other goods may be loaded or unloaded as soon as the vessel arrives in port.

Where a vessel owner or agent has not completed port entry formalities before the vessel enters a port, no person, except for inspection authority personnel carrying out port entry formalities and navigators, may board or leave the vessel on its arrival in port and no cargo or other goods may be loaded or unloaded. If the vessel's previous port of entry was a port of the People's Republic of China, people will be permitted to board or leave the vessel and cargo and other goods may be loaded or unloaded as soon as the vessel arrives in port, but the vessel owner or agent must immediately complete port entry formalities.

Article 10.   

The Customs may implement telecommunications-linked quarantine procedures for vessels. The owner or agent of a vessel which has been issued with a bill of health may apply for the health quarantine authority to carry out telecommunications-linked quarantine procedures.

The Customs will conduct its inspection at a vessel's place of anchorage if the vessel has come from an epidemic area or is carrying people who have or who are suspected to have contracted an infectious disease or is carrying the bodies of persons who have died of non-accidental causes or of unknown causes, or if the vessel is not issued with a bill of health or this certificate has expired or the sanitation conditions fail to comply with required standards.

Article 11.   

The Customs may conduct its inspection at a vessel's place of anchorage if the vessel has come from an animal or plant epidemic area and is carrying animals, plants, animal or plant products or other items subject to quarantine measures.

Article 12.   

A vessel owner or agent is required to go to an inspection authority to carry out the necessary port exit formalities four (4) hours before the vessel leaves port (or on entering the port if the vessel is anchoring for less than four (4) hours). The relevant inspection authorities will note comments on the "Vessel Port Exit Formalities Certificate". The vessel owner or agent will then take the "Vessel Port Exit Formalities Certificate" and other certificates and material required by the port supervisory authority to that authority to apply for the issue of a Port Exit Permit .

Article 13.   

If, after obtaining a Port Exit Permit , circumstances alter or the vessel is unable to leave port within 24 hours, the vessel owner or agent must report to the port supervisory authority and this authority will consult with the other inspection authorities to decide whether it is necessary for port exit formalities to be completed a second time.

Article 14.   

For a vessel with a regular shipping route and a fixed crew that enters and leaves a port on one or more than one voyage within a 24 hour period, the owner or agent may submit a written application to the port supervisory authority requesting that formalities for regular port entry and exit authorisation be carried out. On accepting such an application, the port supervisory authority will consult with other inspection authorities on the inspection and approval of the application. After granting approval, the inspection authority will issue a Regular Port Exit Permit, valid for a maximum period of seven (7) days. A vessel will not be required to complete port entry formalities during the term of validity of this Permit.

Article 15.   

The inspection authorities and their personnel must execute the law impartially, perform their duties scrupulously and conscientiously and carry out inspections and deal with applications for port entry and exit formalities promptly.

Article 16.   

The meaning of terms used in these Measures is as follows:

(1)

International navigation vessels: refer to vessels of foreign origin which enter and leave ports of the People's Republic of China and vessels of the People's Republic of China origin which sail international shipping routes.

(2)

Ports: refers to ports approved by the Chinese government for international vessels to enter and exit.

(3)

Vessel Owner: refers to the owner or operator of a vessel.

Article 17.   

These Measures come into force as of the date of promulgation. Upon approval by the State Council, the Rules for the Joint Inspection of Vessels Entering and Leaving Ports, promulgated by the Ministry of Transport, the Ministry of Foreign Trade, the Ministry of Public Security and the Ministry of Public Health on 24 October 1961, are repealed simultaneously.