The Peoples Republic of China Port Law
The Peoples Republic of China Port Law was formed and first enacted in 2009, as part of China’s larger maritime reform. Its purpose is to regulate China’s ports, and promote its development.
Article 1 of the law sets out the scope of ports that the regulations shall apply to, including:
• port infrastructures and services such as port tugs, fire-fighting vessels, and piloting services;
• port operations, such as the loading and unloading of cargo and required technical and managerial services;
• port management, such as the regulation of port operations and planning of port development;
• port navigation, such as navigation regulations, water level surveying and air operations;
• port safety, including safety management of port infrastructure, navigation safety and maritime safety;
• port environmental protection, such as the prevention and control of environmental degradation and pollution.
Article 2 sets out the responsibilities of the government in respect of ports, including policy making and regulations, port infrastructure, port-related research and development, and supervision of port quality.
Article 3 sets out the regulation of port operations, including the management of ports, qualifications and registration of port operators, and security of port services.
Article 4 sets out the requirements for port safety infrastructure and risk prevention.
Article 5 sets out the requirements for financial management.
Article 6 sets out the regulations for maritime safety, and specifying responsibility and risk prevention.
Article 7 sets out the requirements and regulations for port environment protection.
Article 8 sets out the regulations for port development and investment.
Article 9 sets out the mechanisms by which funds are collected and allocated, and the responsibilities of their spenders.
Article 10 specifies the responsibilities of port enterprises.
Article 11 sets out the rights and obligations of port users.
Article 12 sets out regulations on port management and administration, including criteria and procedures for setting port charges.
Article 13 regulates the port access and separation of concentric zones as well as limits on operational hours and numbers of vessels.
Article 14 states the conditions for carrying out emergency repairs, setting out the scope and duration of such repairs.
Article 15 sets out the regulations for port communications, covering issues such as compulsory communications measures and emergency communications technology.
Article 16 sets out the regulations for ensuring the smooth passage of vessels.
Article 17 sets out the regulations for pollution prevention and control, requiring proper disposal of waste and effective environmental protection regulations.
Article 18 sets out regulations for navigation services, requiring navigational assessments, navigation equipment calibration, navigation services, and navigation measures.
Article 19 sets out regulations for meteorological services, including the installation and maintenance of meteorological equipment, regulations on the provision of meteorological services, and the appointment of vessels to act as pilot or tug under certain conditions.
Article 20 sets out regulations concerning accident prevention and emergency response.
Article 21 sets out regulations concerning the management and use of navigational facilities and navigational aids.
Article 22 sets out the regulations for the management of port waters.
Article 23 sets out the rules for the storage and handling of dangerous materials.
Article 24 sets out the regulations for the control of the Hong Kong and Macao Special Administrative Regions ports.
Article 25 sets out special regulations concerning international port facilities, such as shipping lines, berth allocations and port sharing.
Article 26 states the regulations concerning the handling and inspection of cargo, covering the documentation of clearance procedure, and customs clearance procedures.
Article 27 sets out regulations concerning the application of law enforcement and sanctions.
Article 28 sets out the regulations concerning port-related personnel, such as the appointments of port personnel, safekeeping of navigators, and training and certification of personnel.
The Peoples Republic of China Port Law is a part of an overall maritime reform programme instituted by the government to ensure that the nation’s ports operate in a safe, efficient and environmentally friendly manner. The law’s regulations ensures port safety, environmental protection and efficient port operations. The law provides for the government’s regulatory supervision of ports, as well as for port users’ rights and obligations, in accordance with international conventions and Customs regulations. This law is constantly being amended and updated to ensure that the latest regulations and policies are in place to help ensure a safe, efficient and profitable operation for China’s international ports.
