Promulgation Authorities:  State Council

Promulgation Date:  1985.09.18

Effective Date:  1985.09.18

Validity Status:  valid

Rules of the State Council on the Opening of Ports

Rules of the State Council on the Opening of Ports

(promulgated on September 18, 1985)

With the development of China's foreign trade, international exchanges and tourism, we will further open new ports. The rules are enacted in order to strengthen the approval of the opening of ports.

I   . For the purpose of these Rules, ports refer to ports, airports, stations and channels, among others, for people, goods and transport to enter and exit the country, which are classified into two levels, namely Class I and Class II. The ports of Class I refer to those approved by the State Council for opening (including the ports subject to the administration by the Central Government and the ports subject to the administration by provinces, autonomous regions or municipalities directly under the Central Government); and the ports of Class II refer to those approved by a provincial government for opening and administered by such governments.

II   . The opening and closing of a port shall be announced for implementation after examination and approval by the State Council or the people's government concerned at the provincial level.

III   . To open a port, it is required to set up inspection agencies for border inspection, customs, port supervision, health and quarantine, animal and plant quarantine and commodity inspection etc. as needed, as well as other port agencies as prescribed by the State.

IV   . Ports are classified into two levels specifically as below:

(I) Ports of Class I include:

1. sea, land, air passenger and cargo ports open for ships, aircrafts, vehicles and other transport of foreign nationality;

2. sea, land, air passenger and cargo ports only allowing ships, aircrafts and vehicles of Chinese nationality to enter and exit the country; and

3. sea delivery points allowing ships of foreign nationality to enter and exit China's territorial waters.

(II) Ports of Class II include:

1. foreign trade transport loading and unloading points, starting points of shipment, delivery points relying on other ports to send people for entry and exit inspection and inspection procedures;

2. ports or small trade and personnel exchanges with the local governments of neighboring countries; and

3. entry and exit ports for border residents only.

V   . Approval procedures.

(I) For a port of Class I: after consultation with the military region by the relevant ministry (bureau) or the people's government at the provincial level where the port, wharf, station, airport or passageway is, an application shall be submitted to the State Council for approval, and a copy shall also be sent to the Port Leading Group under the State Council, the General Staff Headquarters and the competent departments concerned; and

(II) For a port of Class I: the people's government of the place where the port is located obtains the consent of the local military region and the Navy and consults the port inspection and other relevant agencies, an application shall be submitted to the provincial people's government for approval. The approval document shall also be filed with the Port Leading Group of the State Council and the competent departments for the record.

VI   . An application for approval to open a port shall be accompanied by the following documents:

(I) the feasibility study on the opening of the port, the basic conditions of the port and information of the last three years of passenger and cargo traffic, economic benefits and development prospects;

(II) plans for the establishment and staffing of inspection and inspection agencies, port offices, Bank of China and other agencies according to the tasks of passenger and cargo transportation;

(III) inspection and inspection sites and office and living facilities and other planning, as well as investment budgets and funding sources.

VII   . Acceptance before opening to the public

(I) Prior to the newly opening of a port, the traffic security facilities, communication facilities, joint inspection sites, institutional settings and staffing of inspection agencies, etc. as well as office and living facilities, among others, shall be inspected for acceptance. The port will not open until it passes the inspection for acceptance.

(II) The Port Leading Group of the State Council Office is responsible for the organization of inspection for acceptance of a port of Class I, and the port office or any other competent department for ports of a province, autonomous region or municipality directly under the Central Government Central Port Office is in charge of the organization of inspection for acceptance of a port of Class II.

VIII   . The approval authority for temporary access to China's non-open areas

(I) Vessels of Chinese or foreign nationality temporarily entering or leaving China's non-open ports or coastal waters shall be subject to examination and approval by the Ministry of Transport and filed with the Port Leading Group of the State Council for the record. Before applying for approval, the applicant shall obtain the consent of the competent military department, the local people's government and the relevant inspection and inspection agency, and properly arrange the inspection and verification.

(II) civil aircraft of Chinese or foreign nationality that temporarily take off or land on China's non-open airports shall be subject to examination and approval by the Civil Aviation Administration of China after obtaining the consent of the competent military authorities; non-civil aircraft shall be subject to examination and approval by the competent military authorities and shall be filed with the Port Leading Group of the State Council for the record. Before applying for approval, the applicant shall obtain the consent of the local people's government and the relevant inspection and inspection agency, and properly arrange the inspection and verification.

(III) Vehicles and persons of Chinese or foreign nationality that temporarily enter or exit China's non-open land border areas shall be subject to examination and approval by the people's governments concerned at the provincial level. Before applying for approval, the applicant shall obtain the consent of the local military region and the public security authorities, and properly arrange the inspection and verification.

IX   . The opening of a port shall be carried out in a planned way and listed in the national or local port opening plan according to the relationship of affiliation. Relevant departments of the State Council and provinces, autonomous regions, municipalities directly under the Central Government shall report their the port opening plan (draft) in the first two months of the plan year to the Port Leading Group of the State Council, and send a copy thereof to the State Planning Commission, the Ministry of Labor and Personnel and the competent departments of inspection agencies.

X   . On the funding sources for construction of inspection and inspection facilities of an open port

(I) The Central Government is responsible for the funds for the ports subject to central administration, and the local authorities are responsible for the funds for ports subject to local administration.

(II) For the port construction projects (including foreign investment and Sino-foreign joint venture projects) such as newly opened ports, wharves, stations and airports (including military airports transformed for military-civilian use), as well as projects such as new operation areas of old ports and new port areas of economic development zones, the required joint inspection sites shall be planned in a unified way with the main projects such as ports, wharves, stations and airports. The required investment shall be included in the main project. The competent departments of port construction projects shall organize relevant entities to study the investment in the office and living civil construction facilities (including dormitories) of the inspection and inspection agencies, and make a summarized report in a unified manner to the State Planning Commission for examination and approval. After approval, the investment shall be transferred to the province, autonomous region or municipality directly under the Central government where the port is located for overall planning as well as design and construction. If a port project is to be transformed from a military port into a civilian-military airport, the consent of the air force or the navy shall be obtained in advance. If construction is to be carried out in an airport, the developer may request that the air force or the navy make a unified plan.

(III) When existing ports, wharves, stations and airports directly under ministries (bureaus) need to be opened to the public, existing building facilities should be used in principle as sites for joint inspection. If expansion or new construction is necessary, it shall be financed by the competent authorities of ports, wharves, stations and airports. In principle, the investment in the office and living civil construction facilities (including dormitories) of the inspection and inspection agencies shall be made by the respective competent authorities. For those with real difficulties, the state or local governments will provide appropriate subsidies, and the construction will be unified by the local governments, and the investment will be entrusted to the local governments.

(IV) For the new opened local ports, the required joint inspection sites and inspection and inspection agencies' office and living civil facilities (including dormitories) shall be constructed with investment by local authorities in a unified manner.

(V) the construction planning for an International Seamen's Club and investment sources shall be subject to the solution according to the provisions of Items (II), (III), (IV).

(VI) transport, instruments and equipment etc. required by inspection and inspection entities shall be settled by their respective competent authorities.

(VII) the office and business accommodation (including water, electricity and local telephone) allocated to the inspection and inspection agency at a joint inspection site shall be provided free of charge by the operating entity of ports, wharves, stations or airports (including those for military-civilian use).

XI   . The power to interpret these Rules shall reside with the Port Leading Group Office of the State Council.

XII   . These Rules shall come into force on the date of publication.